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Home My WebLink AboutCC 1974-09-23 MinutesOF MEETING HELD ON PREPARED BY NE OFFICE OF THE CITY CLERK CITY HALL O. D. SOUTNRRN RALPH G. ONGI C City CtfnJ OF MIAMI SPECIAL COMMISSION INUTES S E P 2 31974 c�- ¢.a.� -�?- a� -7 "-" 4-7 7 7 � - A66i6t*tnt Clio r,Cetk. • MINUTES OF. REGULAR MEE1ING OP TIE CITY COMMISSION OP MIAMI, FLORIDA On the 23rd day of September, 1974, the City Commission of Miami, Florida met at its regular meeting place in said city in Special Session to consider business of public import. The meeting was called to order at 3:35 o'clock P.M. by Mayor Maurice A. Ferre with the following members of the Commission present: Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, 3r. Commissioner Manolo Reboso Mayor Maurice A. Ferre Also present: P. W. Andrews, City Manager Andrew P. Crouch, Asst. City Manager John S. Lloyd, City Attorney H. D. Southern, City Clerk Ralph G. Ongie, Asst. City Clerk $ An invocation was delivered by Reverend T. Gibson, who then led those present in a pledge of allegiance to the flag. Mayor Ferre: I would like to recognize Mr. Ed Claughton. Mr. Claughton: Mr. Mayor, and Commissioners, we want to express our appreciation for this Special Meeting, so that you can consider this project. I would like to introduce to this Commission our project manager from Tulsa, Oklahoma, who has been responsible for spear heading the work that we have done in preparation for this meeting today . I would like to introduce to you now, Mr. Bob Poe. Mr. Bob Poe: Thank you. Mayor and Commission, if I could, I would like to take just one minute of your time and let you know a little bit more about the people that are here today to speak to you about Claughton Island, and of course, we are interested in all of the items on the agenda, 1,A,B, and item 2. You know, Ed Claughton and his reputation in the community well and that he has been involved in this project through his family since 1943. You may not know a great deal about Frates Properties; the other partner and so if I could have your permission, I would like to take about four minutes and introduce to you Frates Properties. If we could have the lights I would like too show some slides; can we turn off the house lights? Frates Properties is a broad base investment organization and real estate. They have property in twelve states and as we could see here - one interesting property; they purchase the L.B.J. ranch around President Johnson and they were sought out by the President when he was alive, because he felt this was probably the most famous real piece of real estate in the United States; 35 hundred acreas in Texas that has a great significant because of its renowned. Some of the other property that you will see there , on the ranch it surrounds on three sides, a national park, abuts, a . state park, and itd adjacent to the ----- river, and it's a very sensitive piece of property and we are very much concerned about how we utilize it. In terms of hotels, the Frates Organization owns 3,000 rooms here at the Stoffers Inn at Denver, one in Cleveland, Stoffer's Inn in Cincinnati, of course, you will recognize the Stoffer's Inn in St. Louis, and in addition now underway for the Stoffer Inn in St. Louis indicates for example: the type of thing we nvision for Claughton Island, the sort of exciting area downtown hotel that will attract people to the Central Business Community of Miami . In terms of apartments, Frates Properties manages, owns, operates, and is invested in 4,000 units; here are just some slides of some of the department units that they now own and operate; some more that we are proud of. Office Buildings is another component of the Claughton Island Project, which you have seen in January and we will bring to you again the latter part of November if you take action today. Frates Properties has twenty -four office buildings presently that they own and operate that has spread throughout the United States. Another important component of the Claughton Island Project is retail: Retail is necessary in order to make hotels viable and a unique kind of retail or commercial project of Prates are investottin this case a stock bolder is supposed to; an operator is underground land of it has brought people to downtown Atlanta at night. Other slides of some other shopping centers; they have fifteen altogether spread throughout the United States. One, some 1 SEP of you may recognize is the quadrangular in Dallas that is a very exciting place in scale it's not all that largeeas the retail in Claughton Island will be when we get into it with you in Novemi,er, but it does have a character, a sort of an exciting area to go and visit and show, the quaint little shows that complement your present broad base downtown showing areas. In summary, the objective of Prates Properties is to continue to build a large successful real estate investment organization to develop or acquire in retail ownership of major income producing properties for the long term; and for the long term, I think is the key thing. We are interested in Claughton Island for the long term. I would like to take this opportunity to introduce to you the Chief Executive Officer and the President of Frates Properties, a man that has been responsible for what you have seen here and what they are continuing to do, Mr. Rex Frates. Mr. Rex Frates: Thank you Bob. Mayor and Commissioners, it is a pleasure to be here today. I was real interested in your budget meeting. We have those things around our shop too and usually they get ... we try to squeeze them down and they take more time than we want, but those problems are with us today and we have to do what we can to economize where we can. We are active in all areas of the real estate business, we are very excited about Miami and the Claughton Island Development. We specifically pick markets that we think have a future and we really believe in the future of Miami. We just think is a great place. Ncw, we live in Tulsa, we love Tulsa and we think it's a great place and in most of the areas we operate we are real proud to be there. We always try and contribute and be a part of it; we are a part of it through the ..., we have fine people company and we are a part of these areas with and through these fine people, because obviously we can't be every- where like - my brother and I are the principles of this company and we own it entirely and we are real estate investors. We don't sell properties unless we have a teal need to sell them, we build them to keep them. Occasionally, we need money and have to sell the property, "like anybody else; but that's not our goal. We build them, we operate them ourselves, and we want to keep them for the long pull, because that's the kind of company we want to build, so we have a fine project plan on Claughton Island with Mr. Ed Claughton. We want it to be a real contribution to the Miami area, we want it to be profitable and good for us, that's our goal too, so we can make this happen , it's kind of hard for it to happen in the downtowns areas, today, you can make them happen if you plan them right , and if you get good cooperation, but you have to have that and we receive that in Miami ; there are people that differ with us sure and there is nothing wrong with that, that's fine, but we have had good cooperation, so we are real pleased with this project, we want to invest in Miami, we want to become a contributing part of the community and to do this, we are asking for and need your support and help. Thank you. Mayor Ferre: Mr. Frates, I am sure I speak for the City of Miami and for my fellow Commissioners, when I say to you that we certainly want to welcome you here one more time and hope that you will feel that even though you don't live here that this is also part of your -- that you are part of this community, that you have a large investment which will be larger, we may not, always agree on everything, but I certainly want to sa that as Mayor of Miami that we welcome people like you, investors like you who have a good,positive,clean record,who are progressive , who understands the needs of communities and the fact that you have to work with local governments and to satisfy the best need for the majority of the people and I am confident after having talked to you and your associates on several occasions, that you are that type of people and certainly in this day and age, when we get - I get in the mail all the time, here is just a typical example: this is a - the Atlanta Constitution to September 17th, it says, ready in two years, W.C.C. Near Ok, finally approval of Georgia's 35 million World Congress Center came one step closer on Monday and here's an architectural photograph, this is next to the already successful Omni project in Atlanta, and here is the consent from an old western authority and I think a citizen of strong cred- ility and are mixed and he is the President of F.I.U. (Florida International University) Michigan, Dr. Chuck Perry and he writes: Mayor, "Atlanta does it to us again' I think we in this community are very conscious of the fact that there are other cities that se similar to Miami that had been able to muster up the private sector and move forward better than we have, certainly Atlanta with the Omni project and this one that is coming up and others is the case of point. I would not like to see Miami or the downtown Miami necessarily developed like downtown Atlanta has, but that's not the point. I think there are more exciting and better things that we can do, but it's going to take the cooperation of the private sector who you very capable represent, and the public sector to accomplish this and I know little bit about these type of operations and I an certainly - and I want to acknowledge on the public record that there really are not more than a dozen individuals or groups of cooperations in this country that are really capable of undertaking such projects that are successfully that have the physical capacity, the planning capacity and the vision to do it, certainly your's is one of then and we welcome you here, we e* courage you, we ask that you be patient with us, and we will try to be patient with you and see if we can come up with something that's for everybody's benefit. now, ay fellow Commissioners, after • the meeting on Thursday! I told Mr. Bob Poe that I had great concern and I repeated it to him since then, that I have great concern over the overall impact of some aspects of IA in this proposed ordinance amendment special plan : evelopment districts that it is my opinion that we are going to have to go over thi, very, very carefully, because I have at least 20 or 30 potential corrections that I see in it The major one being that tampered throughout this proposal are statements thatthe the Planning Department and the Planning Board will initiate,will do, can do, will do, won't do, and I have very strong feelings that in some or most of these matters it is really the responsible of the legislative body to set the policy and then the Planning Department can implement. I don't mind the process of matters being initiated at lower level of an Advisory Board, or a Planning Board, but certainly I don't think that it show in any way usurp and I use that word advisabledly, the powers that are by law degelated to this Commission and therefore, I would have a series of amendments that I would like to make on this enabling our legistlative to peace its forks . Novi, in view of that, I told Mr. Poe, I said,why don't you try to figure out a combination so that your item which is I guess, item B, or item 2, would be combined with enabling peace so that it could be applicable to Claughton Island, any other island? Even though, I think this really the way it's written, leglislatives other islands else who were really basically dealing with one district, so in effect, what we would be doing is creating a first special plan development district and we could then plan others, now I would, and I am sorry to have to be so verbose about this, but I think the amendments in the discussion that I would like to have on the Special Plan Development Districts now, that I had the time to read all of this and study it and underline it, and outline changes, I think will take at least 2 or maybe, 3 hours, which we obviously don't have today, so I would -- this is not the way the agenda reeds, this is just a proposal that I am making unilaterally and see what the will of this Commission is. Mr. Plummer: Mr. Mayor, let me ask this question? I also would express the same concern that you did, but in a little different manner, that concern I think definite in reference to the final decision being made by this Commission, can't that be as part of 1A, if you go back to the pages here Central Island District, instead of having 1,2,3, couldn't this be 1A, and all final decisions must be made before this Commission and let the Planning Department go back and work it out as far as wording is concerned? Mayor Ferre: If you want, I think we can take the time to go over that, and I have outlined some changes and questions that I have in this document. Mr. Plummer: Excuse me, George Acton, is indicating that if I can read his hieroglyphic over here that we do that anyhow is that your contention? Mr. George Acton: Yes sir, all the final actions taken on any special plan develop- ment are made by this Commission and not any department action or planning advisory board action, they are made by this Commission. Mayor Ferre: But, that's not what those documents says! Mr. George Acton: Well, through the charter as you know, this is the only body in the City of Miami that can act on Zoning changes, this Commission acts on the application of a district to the Island and they also act on the final development plan for this Island. The Planning Department & the Planning Advisory Board can make recommendations on that, but this Commission is the final authority, they must issue the final law and order. Mayor Ferre: All right. Look ! let me say it another way, I think the impact of the Special Plan Development Districts in Miami is so very important , so very important, and this is such a large step forward and I don't want anybody to mis- understand I am trot against what this is proposing to do, I am just saying that as I read through thir there are many, many questions that come up and I see many pit falls, and I set many, many things happenings that will absolutely or could potentially kill development, or kill the thought of investors like Frates souring in here, when they see the impact. Listen, my friend, if you think we have with the tree ordinance that we just passed, wait until you see what this baby is going to cost. Now, this is a complete resolutionary step, and I want to say at the outset, that in physiology I am for to, but I want to go line by line, page by page, word by word, and go over it and make sure that we are not really stepping into a snake pit, and wake up one day and see that we been snake bit. Mr. Plummer: Well, Mr. Mayor, let me ask this question, if I may, you know, I think that we are being unfair, number 1 to the project, Mr. Mayor, I think this Commission has to make a determination number 1 - Do we want to create and is it good for the 3 SEP 2 31974 40 1111 City of Miami to create the Island district? That's number one, is there a need for it, will it accomplish something, is it good for Miami, then if we decide that, yes it is, it will help, then I think Claughton Island, the Project, has to stand on its on merits, now if the preface of that remark, I do recall, I think Mr. Claughton making the remark, tat they had gone over this document and they are magnanimity apart between the re2ommendations and what they have for their proposal, you know, you speak of pitfalls,but with pitfalls they are not going to lie with this Commission, but with the investor or the builder and if Mr. Claughton didn't read it right, or his people, then there are snake pits there, then they are their snake pits. Now, let me just ask one other question clarification, Rose isn't this the proposal that you made a year ago about Islands over 3 acreas, is this George dovetailing with the same proposal that Rose made? Mrs. Gordon: Are you speaking to you, or are you speaking to Mr. Acton ?' Mr. Plummer: Well, actually both. Mrs. Gordon: Let me talk to the subject, then and don't talk for me, please. Mr. Plummer: Rose, is this the ultimate resort -- Mrs. Gordon: I will not answer that question, because it can not be answered with a yes or no. Mr. Plummer: The only other point that I wish you would also speak too, the thing that I don't want to get this Commission into,is there another proposal, separate that conceivably could be the one that you made and I admit ---- Mrs. Gordon: I didn't make any Mr. Plummer, in that many words, ok? Mr. Plummer: George, let me ask it in this way and maybe I can get the answer I am looking for, is this the only schedule or plan or research thing that you have in mind for Islands? Mr. George Acton: If it's time as it apply to the central area of Biscayne Bay, yes. Mr. Plummer: Wait a minute: Where are the other Islands? Mr. George Acton: I said most of the potential Islands are either development or redevelopment lie within roughly I say, the area that's north of the Rickenbacker Causeway and south of Venetiai Causeway, Mr. Plummer: But, basically this is the ordinance or the vehicle to address it- self to Island Development within the purview of the City of Miami, you have nothing else on the drawing boards, nothing else in research you feel this is what is needed and is adequate. For the record, because I heard on the radio this morning that we would be hearing Claughton's proposal, just for the record, remind me that is some- thing that is started by this Commission, we are in fact the applicant and you have recommended regardless of Claughton Island. Mrs. Gordon: Now, may I speak, do I have your permission your honor.. Mayor Ferre: You have it Mrs. Gordon, proceed. Mrs. Gordon: Ok. I want to summarize the need for a controlling vehicle for developments, quote, unquote. Not epecifiying this Island was recognized a couple of years ago. We recognized that we would be needing such a vehicle to work with at some future time when there would be requests for development, the reason why a planned development district for an island is necessary is because an island is not like the upland areas it has to be a self contained unit, because if it isn't a self contained unit the number of trips that go on and off the island are greatly increased, therefore, any other way of trying to plan for a self contained unit would require different Zoning Districts laid out on that island of residential, commercial or what have you, now, that may or maynot be the right approach. I didn't think it was. I thought that the whole island or any island should be planned as a total unit. The compatible unit and that we have no such vehicle, we just came up at that time, a rather nebulous plan area development ordinance which didn't spell out hardly anything by way of guidelines and was not really a good vehicle to apply to any island development that was the beginning of this; I didn't write this ordinance, I read it, I can not find fault with it, I think it is well done. If you have any specific areas to fault, I would like to know what they are, and I certainly will listen to them, but from what I have read in here, I find this a very good cont- roling vehicle , and I will tell you why, because it doesn't treat every island in 4 SEP 2 3 um every location as the sate anise, it treats locations to the upland areas of the 'gland an a consideration and some of the fears of some people that certain islands that are but totally residentially areas might be adveraly affect by this ordinance would dot be true, because this ordinance that we would be consideratiog today as item # 1A, deals with the kind of location of an island such as, Claughton Island, where it abutts business uses on the upland areas , now that you have the background on this history of what this thing develops. Mayor Ferret Now, I want to add and I completely agree with this statement that has just been made by Commissioner Gordon, I think she is 1002 right. I want to distinguish because there is a negligence area that I want to make sure we all understand. The ordinance 1A, Ordinance Amendment Special Plan Development Districts is not limited to any area, it is inclusive of other areas other than islands and that is what I am concerned with. Now, I am perfectly willing, I recognize the uniqueness of Claughton Island. I am perfectly willing at this juncture to talk about an ordinance which would permit a Special Plan Island Development District limited to Claughton Island, now, Mr. Vice Mayor, Father, Rose, and J.L., I am not talking here about our going into the Zoning or into the specifics, they have to come back and fight for all of those things. They got to come here and tell us about traffic, they have got to tell us about what they want to do. This does not enable them to start drawing and digging holes and spending money, all this does is this would be an enabling act that would create a special district - Planning Development District, that would then permit them to come back here and ask for - and I am all for that, because that's'the only way you are really going to be able to handle Claughton Island, and I am completely concur with Rose Gordon, that unless you do it that way, what you are going to come back with is just spot things and we are going to have no control over the whole island and that's really what we need to determine. They have got to come back here and show us what they are going to do with the whole island. Mrs. Gordon: Right, we are not really dealing with their application in item'lA." We are dealing with a vehicle enabling us to then be able to deal with them in the future with a total package for any specific island, now , if we have a lot of other islands that fit this film, it would be applied there, we just have to have a limited number that are abutting upland commercial zones. Father Gibson: Mr. Mayor, I want to say something. I am not always the smartest member of this Commission, now I want to concede to that. One thing I will promise everybody, I have a heart and a conscience. I think I have that'. I think all of us have that. Now, if the heat we have here recently about island is any indication of the heat that batewa around that the record will reflect unequivocally that we are not getting an'ts`land ordinance for any one island to the exclusion of another. I want to make sure we all understand where Gibson's is coining from, because when I vote later on, when ever that time comes, I am going to be voting with a full conscience. of what I am saying, Ok? Number 2, I think before we get into the island ordinance I would like at least(maybe I Am not right) to talk about all that sewerage bit we got stopped on the other day, or several months ago, because of our inability to handle and so on, now, I think the way you do this business , "everybody come and put their stuff down on the table.' We gave replacement value of a sewer water system 500 million dollars to the County, they ought to come in here and tell us, "look fellows we could take care of the job if that were it ", that's number 2. Number 3, I remember all of that heat we got about bottle necking that transportation down by the Dupont Plaza. Now, I just came back from theCardbbeans :nd I saw something that makes me do an awful lot of thinking and praying. You know, I am always concerned about how you get over there and how you are going to get back and pretty soon Mr. Mayor, you are going to be dealing with a problem that has no bearing on you, but it does, you know, there is going to be some of us up here that is going to be pushing like ... about this transportation thing whether we want Mini Sus or don't want it, and whether M.T.A. can handle this traffic or can't handle it. I remember so well, when we were dealing with this matter when you were here before sir, one of the questions I raised was, what about transportation, you know? To be for one is to be forearmed. I think we ought to get that on the table , because there would be little need of an ordinance for island, unless you get that clear. Now, the fourth thing is this that really bothers me and I think the developer knows this, because I told them this in private, now, I am going to tell them in public, I am concerned beyond a reasonable doubt about the men who are doing business down at the foot of that water now- I said that I would be more comfortable, while am I more comfortable than any . of the rest of you in here if some of those businessmen were joining you here, not that they are going to tell me what to do, but you know, an awful lot of us worry about what the mob and crowd is going to say, I try not too: I try to vote my conviction, now, I want to say to the new developers out of defficits to you, I have nothing against you, but those people who are down there have some faith in this community and you are speaking to a native son, I have seen this community grow. Somebody came here and had some faith in this coma- 5 SEP 2 31974 unity and those fellows down there came here and they had the faith and I don't want to pre-empt those fellows. 1 told you this before, and 1 this to get in the record the second time, that I am still concerned about this, I remember, Mr, Mayor, how we attended the meeting in the Miami Public Library, when the traffic department came down here, (do you remember all of that deal),and they were talking about that traffic this, and that and how you bottle neck? So, I just thought that we ought to place it on the table so that you know that 1 am stanling basically, for the same kind of a thing now, as I did then. Now, I would like to know, and I am not that smart, Mr. Acton, you are the professor. Mr. Lloyd, you are the professional, can you tell us ( Theodore) I am not worried about the rest of them, because they have to do their own voting and have their own conacience.Are you telling me that you are proposing an ordinance, an island ordinance that would be an island ordinance in regardless, in respectful of? You see, I have lived all of life where the law wasn't really for me sometimes, you know, so, I want to make sure the law is for everybody.. First, I want Mr. Acton to respond, then Mr. Lloyd, I want you to respond, because, you know, if I get in trouble and have to go to court, I can't plead my own case, and you better do one ... df a good job otherwise, Ok? Mr. Acton: Commissioner Gibson, I would like to begin to point out to t''e Commission that, the island district (in it by itself) does not permit the developers to do any- thing. If the time that they come in with the development plan, (you know) for develop- ment of that island, this is the time that the public hearings a igrtablished to give all of those property owners along Brickell Avenue a chance to voice either their approval of the type of development or rejection of the type of development. At time, that's when the Commission will be alerted to whether or not adjacent parts of that community are in accord with what the developer requests. Did I answer your question? Rev. Gibson: I heard what you said, Ok? Mr. Lloyd, I want to hear your's I am going to guess specific. Ok? Mr. Lloyd: First, what you have is, as has been discussed a general implementation ordinance. There are three separate ordinances here which simply provides that you may apply a zoning plan to various islands which will be compatible with the problems faced by the island for the island developed. Rev. Gibson: All right, let me put it this way, and I want both of you in the record. If Mr. Goldberg got mad enough with us and decided that we were doing him in, what are our chances in court that we are not having preferential treat? I want you to answer that ( what is that certiorari ) one by one,is that one after the other one, is that what that is counselor? Anyway, one at a time, I know you know what that means: Ok? Mr. Acton: Commissioner Gibson,I had hoped too answer your question during my presentation on these items, but very simply in the comprehensive development of the City of Miami, the islands, you know, must be compatible in many, many respects with the mainland development, those are the points in which I am going to get into during my presentation, and court now, let Mr. Lloyd speak because he is the lawyer, but you can not be arbitrary in the application of a particular zoning district to an area, you can not show favoritism to'a property owner, it must be clearly demonstrated that the zoning district application is in accord with the conference of development of the entire community.What you may show, and this is what I had intended to show during my presentation to the Commission. Mrs. Gordon: Why don't you do that now Mr. Acton? Rev. Gibson: Wait, Rose, Wait: You know, I don't disturb you'all when you are following a trend a thought, I let you talk, I want my question answeree Go ahead counselor. Mr. Lloyd: Under the general implementation ordinance Mr. Goldberg with his island, would be intitled to apply under that ordinance and the Commission then would take up the matter of the application under the proper procedures and determine whether or not it was compatible with the general speeds, yes, he would be intitled to apply. Rev. Gibson: All right, let me say for the sake of everybody,so you would not think I am predjudice because I have made up my mind, I just want to keep faith because all of those hundreds of people who were out here when we were fighting that issue, as I stood then, I want to stand now, just as firm as a rock, based on principles, and I just sound a note of warning to everybody, so that can't come back in here and look, and point at me and say you know, you have rouble crossed us. I am going to make this futher comment and stop. When they came before this Commission and SEP 2 31974 t, Mr. Acton: Yes. Mr. Plummer: In other words, these city or - -- the one off of Jordan Commission). Mayor Terre: Again,I want to repeat today to vote generally on a Special words, on a blanket basis for all of complicated item, what I think and I directed them. They said to us, relief is in court. I said you really want to go to court? Our relief is in court, I said ok. I vas the guy who offered the motion to send them to court. We went to court, they had led us to believe they had one lawyer as their lawyer, and then when the chips were down, that wasn't necessarily so, they had somebody else and when they went to court and didn't get the relief they thought they could have gotten,or that they were seeking in their hearts and minds, they came back here ragging, and all I am saying is, I do not wish to be put in that position again. I try to keep my word and I am just serving notice on Mr. Acton and Mr. Lloyd, and my fellow Commissioners, as a brunt child treads fire, you see that hand- when I was an infant, crawling around, I put my hand in the fire and the one thing about getting brunt, everytime I look up at that hand, I see that burn and it says, "man if you put your hand in fire you will get burnt "• Mayor Ferre: All right, Father. I would like to read - - "you brought up a point into the recorga letter received by my office for the Commission dated, September 19th, from David Blumberg: I. think it might be appropriate that Lester Freeman (I don't see him here) even though this is not the time for it, because we don't have public hearings for that purpose, but anyway, let me read this into the record. Dear Mayor Ferre: As a major property owner, about two acre on Brickell Avenue, who plans to develop property for office building use, I want to indicate my approval and support for the Claughton Island Development. I recognize that this is potential competition for my own utilization but feel that the economic benefit to our community as well as the increased activity in the downtown area out way any narrow competitive disadvantages, I urge your support for this supporting project. Please convey this to your fellow Commissioners for me. Sincerely, David Blumberg. Now, I have been verbally called and hasn't gone and perhaps it might be important later on for us to document this, because I have been called by different members of the downtown business community in support of this project, but I think it's important to re- iterate one more time, and by the way, Mr. Eugene Simm, from transportation is here in the audience and I asked him to be here in case some questions were t* come up. He has told me and he can state it into the recordthat the proposed development is basically compatible with certain qualifications, but again I want to repeat that this is not the time for us to get into thatbecause we will have too and they will have to come before us with a specific plan and we can except it or reject it, or we can amend it or we can change it or we can just flat out and say we are not interested, that we are not going to do - we just don't like it and Mr. Simm can come up and can say as far as traffic is concerned, we think that they have got a thousand units to much, or we think it is acceptable, all that is before us today as I understand it, is the enabling legislation which will create the special plan development district for (island) it doesn't say islands, now I understand your point and I think you have made a very valid ppoint but let's get right now to the nitty gritty of what we are talking about. We are talking as I, understand it, Mr. Acton, we have got basically three undeveloped islands within tae boundaries of the City of Miami and they are: Claughton Island, Fair Isle, Lummus Island, because the other islands are basically already filled, the ones that are going over to Miami Beach. Mr.Acton:' The other large island, not within the city limits is of course, Fisher, then if you recall at one time their plans - -- Mayor Ferre: So there really are four islands. Mr. Plummer: What you are then, also saying is that all of the rest of the islands are owned by the state. Mayor Ferre: I didn't follow you. Mr. Plummer: Most of the islands that are in Biscayne Bay owned by the state or by other than private business. sands bit islands out here are all owned by the Marsh , -- (Questions to other members of the my statement one more time. I am not prepared Plan Development District, generally, in other the city, because I think that is a much more am prepared to vote on, is for these Special 7 SEP23197'4 1 Plan Development District for Islands, that I think is something we should take before ue and discuss it, and liaten.to Mr. Acton, and listen to what these people have to say and either vote for or against it. Mr. Acton: Mr. Mayor, you can't vote for one without voting for the other one. The first one is enabling the legislation.- - Mayor Ferret Yes, I know that is so, but what I am saying is, that we ca make an enabling act specifically to an island. See, I am not about to let the whole city to be blanketed by this thing at this point. Mr. Acton: Mr. Mayor, this just gives the city the vehicle at some future date to establish whatever planned development district that they would too within the City of Miami, we are not blanketing anything. Mayor Ferre: That's exactly my point, Mr. -- Mr. Acton: As I tried to point out -- Mayor Ferre: It does cover all of the city and it is very complicated and what might be very true for a place like for example, Coconut Grove, may not be true for Grapeland Heights, or Downtown and what might be true for Downtown is not at all true for Claughton Island. Mr. Acton: That's exactly the point, Mr. Mayor. You hit it right on the head. Mayor Ferre: That's exactly why I want to take the time to go over every sentence of the Special Plan Development District, generally, now, if you want to talk about the specific one and I think have come here prepared because I asked them after Thursday , you come in with an enabling act just for islands, then that's a different matter. Mr. Gordon: May I ask a question, every, very, important question that needs clarif- ication? What we have on our agenda today is a broad ordinance setting up Special Plan Development District and setting up SPD 1 Island District, but none of the things we are going to consider today are going to deal with specific's of a proposal that the developer has in mind, it will then have to follow the normal course of events which is they will have to meet the requirements of this enabling ordinance that we are going to set up and they will have to go through all the mechanics o:: meeting with the boards and with the departments, and the transportation authorities, and every- body and everything else and that will be several months away, but this vehicle must be started or that next phase of planning can not take place. Am I right, Mr. Acton? Mr. Acton: Yes. Rev. Gibson: Mr.Mayor, I want this clarification. I am no lawyer, etc., I am not brillant. Ordinance Amendment SPD, I don't know what that is? - 1, Island District, then after it, Ordinance Amendment - Ordinance # 6871, the comprehensive zoning ordinance with the City of Miami to include a new zoning district article XXI( that means 21 -3) SPD 1 Central Island District, what are you telling me? Mr. Acton: - left is the application - I beg your pardon, that's a creation of the district that has to be applied to Claughton Island which is the next item on your agenda. Rev. Gibson: All right, say it again. Mr. Acton: (REPEATS THE SAME THING AS BEFORE) Mr. Plummer: Let ee ask this question, to see if maybe, if I see the area of disagreement? Is there anyway, that 11. Special Plan Development District can be applied to other than islands? 1A addresses itself to Special Plan Development Districts, is there any way that can be applied to other than islands? Mr, Acton: I beg your pardon now, I may have confused you, before you have SPD (Special Plan Development) enabling legislation. There is no way in it by itself that can be applied to anywhere in the City of Miami. What you had before you in the future are a series of Special Planned Development Districts that will always come before this Commission before they can become law, that we will apply to different areas in the city as the need arrises for planned development, as I try to point out to the Mayor the last time the application that would be most famili- ar to him would be a result of Ois own effort where he had made recommendations about second level --' buildings, This could be an application of Special Planned Development District, Mr. , or whatever else, but in it my itself, the 2 SEP 2 3 1Q7A SPD hat: absolutely nothing outside of allow the Commission meet at some future date the problem that arises in the city and meeting public objectives. Mr. Plummer: George, is this the same matter as you are proposing the Special Plan Development District as I understand it, as you created a vehicle of PUD, that could be applied certain areas, no specific area, this is no more than a vehicle created. Mr. Acton: That's right. Just enabling this situation. Mayor Ferre: Now, Mr. Acton, is it true, for example, that this ordinance were to be accepted by this city body, isn't it not so that if it's passed as it's written ;the Planning Department could next week decide for example, that the area along the bay from 15th Road to the River is to be a Planned Development District and could institute the hearings and criterial, for example, then if Mr. Blumberg just to take one example does want to develop a building you could ask for an economic study,a marketing analysis or signs, the whole pattern which actually has been taken from as I understand it from the regional impact studies of the state as requested. This is a transferral of that trend of thought and you could in effect place that on any area that you wanted too, that the department wanted too within the City of Miami. + Mr. Acton: No sir. We can not do absolutely nothing without the permission of this Commission. Mayor Ferre: Let me refer you if I may, if you want to get into it, let's get into it. Page 1, says Special Planned Development Districts may include general area which have a special substantial public interest. All right, that's by definition Let's go on and it says, preparation of SPD Zoning Districts regulations shall be prepared by the Planning Department on its own imitative; on its own imitative; or at the direction of the Planning Advisory Board of the City Commission period. It doesn't say by approval or at the request of -- Mr. Acton: I beg your pardon, but that's by charter, the city code this is what we are supposed to do Mr. Mayor, prepare regulations that come before this Commission but there is absolutely nothing that we can do in it by ourselves as the department or the Planning Advisory Board can do to apply any kind of controls in the City of Miami without first coming before this Commission. Mayor Ferre: At that point, on your initation you could request economic feasibility studies, or environmental and ecology analysis ,traffic and transportation, -- Mr. Acton: No, that's what I am trying to tell you Mr. Mayor, we may require this in the recommendations that come before this Commission for review, we may list this. Mayor Ferre: When we get to the point of amending this legislative of peace, I am going to tell you that I am going to offer amendments that says before you initiate anything that you come to this Commission and get our policy because I don't think we are going to have you going and initating studies and creating all kinds of habit all over this community and then coming here six months later,after 1 year later after you have made your study to finalize it before this Commission, now I am certainly going to want to get in here, that you come here and ask, you know,so that we make the policy determination if we want to designate one area as the SPD area. Mr. Acton: Mr. Mayor, that's perfectly all right and as you know, the administration always follow the policy, but -- I keep getting back to city charter, you know, we are responsible for the compliance of preparing it for the City of Miami and bringing it before this Commission. I say we would be glad to implement that for you. If you want to set city policy,as you should, we will be glad to do this - -- any manner. Mayor Ferre: At which point does the City of Miami Commission come in, is what I am saying? Take for example, on page 6, number 8, the regulation may require specific approval of final development plans with the SPD or in the designated portions of the district. In general, waiting for all classes of development or for specificed classes of development by the Planning Department, Planning Advisory Board, City Commission, or other officials or agencies of the city. I hope want to add to that specifically as approved by the City Commission. Mr. Acton: Mr. Mayor, that's perfectly all right with me, you know, 1 have no objections of that.. Mayor Ferre: Then you get into B, Changes and Approved Final Development Plans may be permitted by the Planning Department provided such changes involves minor modifications and locations. Q Ce n rt ___ • You know, every single page of this document has these statements, within 30 days after the last public hearing of the matter, the Planning Advisory Board shall prepare and transmit to the City Commission, well, I want to say, I think this is something that has to be #1 we have to have government in the sunshine very clearly spelled out here, because there is a 30 day differential between one and the other and I think that we have to reverse the order. I think that the City of Miami Commission has got to decide whether or not like we are going to do in this case, want to create, you know, a special district rather than in the reverse. Mr. Acton: Mr. Mayor, then you are going tc have to go back and change the ordinance that is a result of the charter change that particularly directs the Planning Advisory Board, you know, to initate action that affects the comprehensive planning and implementation of the City of Miami. Don't misunderstand me, I am not opposed to what you are saying, but it then means that the City Commission will be put in the position to planning for the City of Miami and initating all actions that require planned - -- (INTERRUPTED) Mrs. Gordon: May I say something please because it's very important we put this in the right propective, what we are saying ( what you are saying Mr. Mayor) in effect is the same thing as saying that the Public Works Department shall do no planning for the Public Work Improvements of this city until they come before this Commission and say , "May we do this ", and by the same token you are saying to the Planning Department "you may not initate any studies regarding the betterment of this community, unless you ask us ", if we can give you permission to do this, and what they are saying and what I read in this document is they shall do all of this kind of professional work and come to us for approval and that's the proper procedure. We are not professional planners, but we have to take the work that's set before us and decide whether or not we think as laymen, for the benefit of the community, we think that what they done is right, but we certainly can't tell them, we don't even have that expertise! Mayor Ferre: Well, Mrs. Gordon that's fine, and if that's the way it's going to be, then I want to make a statement at this point that Maurice Ferre will vote against the Special Plan Development District as proposed. Mr. Plummer: Mr. Mayor, let me say this sir. One of the contentions that I have had ever since I have been a member of both the Planning Board and this Commission now totaling 10 years that I concur with you on one point , I concur with Mrs. Gordon on another one. The Planning Department in my estimation and no decretory to George,in particular, and please don't take this personal, have done a lot of study sometime that I don't think is necessary, because of that, we have increased demand for budget, increased demand for personnel. To answer Mrs. Gordon's point, I don't think Public Works would go out and do anything on their own without knowing where the funds were coming from and for that they have to come before this Commission for approval. I don't think that the Planning Department should be empowered , let's say to create their own demand. I think that this Commission as we have done in the Coconut Grove Area for example, I think that this Commission gave the eminence to the Planning Dept. to undertake such a study, likewise in the Brickell. I also recall to your attention LoJune Gardens Area, the Bellmeade Area, and things of this nature, but what I am saying is this, I don't think George knowing him as I do would take on himself a tremendous study that would in fact vitally affect this community without coming before this Commission, at least I feel that would be the case, because let me tell you the area that I have a great deal of problems with at this time Rose, I have expressed before and that was the 390 thousand dollars for the Comprehensive Master Plan of this town. My concern was it was going to be done by outsiders,presented to us and if you may dumped in our laps and they leave town, that's why I was so concerned and wanted to be as much of that possible done in- house, so that when that study was finished those same people would be around here to live with that document as we will have too, so all I an saying is I can not George, concur if in fact you can sir, initiate a study on your own of any size. I think that this Commission is the policy setting body of this city and they shall set the policy whether it be in a study, finances, budget or what, so I can only tell you speaking for one that I concur with the Mayor, that any study has to be done as a start by action of this Commission, because the ramification; you are one department of this city, Planning; I understand that's the basis , but likewise whet you propose a study , Public Works is involved, the Building Department is involved, and in items of Police and Fire, they are all involved, so I would hope and demand that in this thing here as most all others that the policy be set by this Commission. Mayor Ferre; Amon, that's ail I have been trying to say, you said it better than I could. Mr. Poe; I appreciate it just a minute to point out that the entire subject matter 1n SFP 0 v 1n7 ♦ • and that you are debating at this time is whether other districts in any part- icular area in the city May or Oay not be created. Now, we are willing to have one created for islands and then item 2 on your agenda today when you approve it, permits us to come back to y,u later for a project that you at that time will debate traffic and all other things and approve, so really for our view- point, if I could ask you to think with me for a minute about Claughton Island? I got with my legal counsel today and I have asked him to explain this in just one second, but let me for emphasis explain this, the ordinance at one point in its early drafting was one document. There are not two ordinances; the intent or the enabling section or just the first part of it creating an island district, Commissioner Gordon. Now, it ended up being two separate ordinances which makes no difference to us obviously. (BACKGROUND COMMENT - It does to us) So, in effect you see, for you to go ahead and let us continue the process with your government on Claughton Island, today for Claughton Island; you need to approve the enabling part of item 1A, you need to approve that, now you can do it two ways, the easy way maybe to just take part of it that Central Island District needs and stick it in 1B, which is Central Island District which was the subject of Commissioner Gordon's discussion a while ago, just take the intent section and all and put it in 1B and that's a very simple thing, my attorney tells me and it is a simply amendment and I would like to aE,k Charles Stack, our Commissioner to explain that if he would? Mr. Plummer: Mr. Mayor, while Mr. Stack is passing out those papers, I want to apologize as one individual to the developers. I don't know whether it is your fault, this Commission's fault, or the Planning Department, but I felt bad enough at the last Commission Meeting that you had flown in all of these experts to testify before this Commission and it seems rather obvious to me now, that we are not even going to hear these experts today. We have got exactly 17 minutes to the conclusion of this meeting. I might suggest Mr. Mayor and I know Mr. Claughton is going to drop dead on this suggestion, but I just in all fairness have to make this suggestion that when we schedule this again for final approval which is going to have to be rather obviously that we separate these items, because it is unfair to keep flying these people in to the City of Miami, so let's take it from there, but I apologize for the way this has been handled is wrong. Mr. Stack: Thank you Mr. Mayor, Mrs. Gordon, and gentlemen of the Commission. We have over the last couple of days very carefully attempted to analysis both of the two ordinances which are in question before the Commission now, as has already been pointed out a number of times, one is enabling set of legislation which in ordinary lath terms simply means, "we need something to give birth to this other thing ". Now,what we have attempted to do and I think we have done it quite success- fully and at some expenditure of a lot of time is to try to prepare a document which merely takes an already existing document namely the second item; item "B "on the agenda and add to that whatever is necessary from item "A "on the agenda to make item ' viable document in it of itself and I am very confident that we have done so and have further confident that we have done so without the risk of offending anyone who feels that the enabling legislation is too broad, namely item "Aland I think if you can bear with me for about three or four minutes I can sum up by reviewing the outline which we passed around exactly what we mean. Item"B " 'on your agenda in effect does just about everything that needs to be done from a legal stand point and from a legislative stand point to create a special central island district. I believe Mr. John Lloyd will agree with me on that; there are things which were left out of Item IlB "though, because it was assumed and the draftmenship I am sure, that ItemtA" ould pass and then Itemftu& "B'would compliment each other, this not being the case, we have worked up as I say by process of elimination, really those things out of "A which would be necessary to add to"B"to make it we feel that completely viable document. If you will follow me on the outline just a minute I will explain what I mean. In item 1, "gthe intent section under section 1 needs not be repeated, now what I have done in this little outline is I have prepared two columns of X's the first columns of X's as indicated says things that are already in the Central Island ordinance and which therefore would not have to be repeated again and taken from the general enabling ordinance, so we are really dealing only with .items number (under section 1,(2) which has the X over in the right hand column) 6,7,8 & 9 and theses are quite simply and quite general in their application, for example, as you can see from reading the heading their and you can check me out by opening to your proposed ordinance, the SPD Districts and there is a misprint there by the way:that says (PSD) of course, SPD Districts and it should be modified to say Central Island when it redrafted where premitted, well that's quite simply, that's already covered in there. I think everybody in this room knows where we are talking about it being permitted. We would merely have to transfer from proposed ordinance number one to propose ordinance number 2. The language contained under Section 1 (2) moving down to Item 6; this merely covers the procedures for securing approval of a Special Plan Development Application that is your pre - application conference and on down into the filing of your application and so forth,all of the things that 11 PP n � sn•, . 40 should properly be necessary under this type of ordinance or zoning legislation. (7) ib quite easy to understand, it simply - we are talking about transferring the language of transferred development rights into your sense of island ordinance to include that language there. The same thing with number (8) which is the head- ing variations form general regulations applying in a Special Plan Development District which simply means in effect that the people who are developing can come in, they can say well, "will you fellows at least consider a slight change in the rigid rules that exist here; because we think it will be in the public good and then the enhancement of the island to do it this way." Item # 9, which is conflicts with other provisions of the zoning ordinance is a very standard language which is used in every bit of legislation this past year probably and that really tells you the whole story of what would have to be adced. Now, I think it might be important to say that in terms of Father Gibson's questions which I think are valid questions and should be covered here. The illumination of your general ordinance, that is your item lA and the adoption of only these sections which I have quoted from here should as purely a legal proposition to illuminate any fear of development of other areas such as the one down in the residential section of the Grove and I don't think that there are any problems down here once these things are done with respect to any valid fear that the Mayor might have with respect to getting involved with what might happen on Brickell Avenue later or what may happen in downtown Miami. I think what we have done here if item 1B is adopted with the proposed amendments which I have quoted from in which each of you including Mr. Lloyd has a copy of, I believe you will have a set of legislation which will enable the Claughton Island group not to start any construction, but will enable them to do similarly what you require under your PUD ordinances now it will merely enable them to come back before your Planning staff, your Planning Advisory Board and utlimately back before this City Commission with their proposed project at which time as it has already been noted they would have to come out through their traffic feasibility, their sewer and water assess and all the other criteria that are necessary. I would like to ask - -- Mrs. Gordon: I just wanted to ask Mr. Acton whether he agreed with you. Mr. Acton: No, I think Mr. Mayor,if I may, I can see your point and I think the solution is very simple. We can just change any wording in there that refers to initiation so it reads that i nitiation will be only after approval by this City Commission upon recommendation by the Planning Advisory Board or the Planning Department. I see your point and I say it is a very simple change and I can see your rational for it ,Mr. Plummer you are setting policy and I think it's just a matter of changing a few words and we can proceed. Mr. Plummer: Part of the title instead of one, go to 1 or "Al all actions of initiations must be by the City Commission ". I said that an hour and a half ago, says Mr. Acton ". Mayor Ferre: I've got 30 changes that I want to make. Mr. Acton: I want to say one more thing before we get off the subject, I don't think at this point and time it will be wise to try and restructure the Planned Development District for Central Islands, I see no reason why we can't go ahead with the two items on the agenda taking into account whatever the Commission thinks is wise in changing item LA and then proceed to item 1B, Mr. Mayor. Mayor Ferre: I know exactly what you have in mind Mr. Acton, I just happen to dis- agree. Mr. Poe: Mr. Mayor, I am hear representing the island project and to me the question is devisable. We need everything that is in IA that you have to have to make 1B go and other than that our interests are not relevant, so if you could separate it and if you want to talk about districts generally another time would certainly - -- Mayor Ferre: I told us what you want and I think that's reasonable and what I am trying to say is and out of courtesy, and only courtesy but out of practicality because otherwise we are going to hold you up for a long time. This Commission may over ride because I am only one vote here and if somebody wants to go with is thing I can't stop that, but I am going to vote against it the way it's written and I think there is going to be a lot of changes that needs to be made in this document and I think out of courtesy to you, as far as that particular island is concerned, I think that there is no other way to go and I completely concur with Rose Gordon on that , that there is only one way to go, you have got to go to a Special Planned Development Plan , you can't go any other way, but I don't think that is necessarily the case, for example, the area around Coral Way, don't you see? SP 2 :% 1Q71 Mrs. Gordon: I would like to mate this suggestion, this is an ordinance that needs two readings and this would not be the first time that we have passed something on a first reading and made whatever necessary modifications we felt were necessary for the second reading. Would there any objection to taking that route? Mayor Ferret Well, I would object to personally, but I don't know what the will of the Commission would be. You know, we don't believe in something, and we know that something is wrong to vote for it in first reading is just, you know then.... Mr. Plummer: It's very obvious that we are not going to hear from Mr. Acton today and even the initial preaentation of this Special Plan Development District, I don't feel that I could vote on first reading, on something that I haven't even heard the originator speak too and I don't think that that's right, now, I am sorry you know, I apologized already for the delay here. Mrs. Gordon: I just want to remind you all of the recently passed tree ordinance which was quite different than the tree ordinance on first reading, but it did move us ahead and we didn't waste quite so much time, because we were willing to take the first step. We don't have that many modifications to make this placable to you and to the Mayor and I do believe that we ought to step forward. Mayor Ferre: All right, Mr. Poe. r Mr. Poe: Mr. Mayor,the review in your minds today was selected originally for the exclusive reason of considering the ordinances as it relates to our project for which we were grateful and I sincerely mean that and I also thank you for your apology Commissioner Plummer. What I would ask you to do now if you would to stay with this long enough today so that you could say at this time take up item 1B with a simple to amend by adding those sub - section 2 and 6 through 9, that's all there is to it. It becomes exactly the same as IA and 18 together and then we can proceed and get on with it and for us it's exactly the same , you have much more time later to consider the general case if you wish. Mayor Ferre: All right, that's a recommendation from Mr. Poe, what's the will of this Commission? Mr. Plummer: Well, we haven't even heard Mr. Acton speak to those who proposed the amendments. Mayor Ferre: I just told you that he was against what Mr. Poe is proposing, so I mean the first place to start is that we have got to make a decision to whether or not we want to use that vehicle in that direction, but that's a major decision in itself. Now, my opinion is that we should, because it gets this thing started. We should proceed with the creation of a Special Plau Development District for Islands as amended and recommended by Mr. Poe. Mr. Poe: I think I might make a possible suggestion the motion is rate simple it would simply be assuming that the Commission approved of'B," it woulei a motion to adopt B as written with whatever necessary additions there are which would have to be drawn from A in order to make it a viable ordinance and then everybody ... Mrs. Gordon: Mr. Acton, you wrote these or you instrumential in them being written. Does that cover what we are trying to achieve, will that do it, from your technical stand point, is that going to be all right? Mr. Acton: Well, one of the reasons that ~I felt that we should have an enabling ordinance is that there are certain sections that will repeat themselves in any Special Plan Development District, such as transfer of development rights which does not belong exclusive to Claughton Island and exists no where else in the city at this point and time. In that case you are being rather abritary in saying what Claughton Island is going to have a transfer of development rights when nobody else in this point and time is; and I think that there too many ramifications to abritarily act upon. Mrs. Gordon: I maybe wrong.I am not a lawyer, but it seems to be if we are going to have any court cases to teat this thing we would be better off having an enabling ordinance and then the second portion. Is that another factor to consider? Mr. Acton: Yes,another factor that lays the ground rules for it. I want to state Mr. Mayor, members of the Commission that we did have -- the developer, the attorney, they have been cooperative and it was pointed out the difference are no know minuet b rt own their own they did hire Fred Bearer who did aid in the drafting of certain 1 ere ., A ___ portions of this ordinance. The Planning Department has worked with then and they have modified it. We have 8180 discussed this with Dr. Bartley who is well known to the Commission in terms of how we should proceed legally, you know to implement this type of ordinance. Mayor Ferre: Mr. Acton, you see, what I am trying to say is that we have to take analogy,a palm blight that;is affecting disabled palm and the Coconut palm and you want to inoculate all ote thousand variety of palm trees and I am just saying that before you get into something as masculine and as all incompetent as that, that I am not to inoculate one palm put all of them on quarantine and all I am saying is that I recognize the need for this in this particular case and I think it is a valid necessity and I am willing to proceed with the enabling leglislation that will enable them further more I am willing to proceed with the enabling legislation on a general basis later on, but there is a lot of talking we've got to'do. The island doesn't bother me because that has a unique set of characteristics and all you are saying is apply the PUD concept of the island that's really all that amounts it and I think that's something that we ought to do and we ought to do it todayf and let these people get started, that doesn't mean that -they are going to have to come back one and many other times to justify what they are going to do. Now, I am perfectly willing to go ahead with your recommendation and -- Mrs. Gordon: I don't approve of that route, I will 1A and move it. I am moving ""lA "as it was recommended by the Planning Advisory Board on a 6 to 0 vote as also recommended by the Planning Department for Fpproval. I move IA. Mr. Plummer: Without amendments. Mrs. Gordon: I don't know what amendments you wish to include, but if you want to include some just go ahead on and do it. Mayor Ferre: I think what we are getting too is a real impass because obviously we haven't given this thing enough time to a justice.. I will recognize you for the form of a motion and let's see if there is a second, if not, I think that we are going to have to delay this.whole thing or I will tell what Iwill make the motion on the specific's that we don't get a motion ,I mean a second. 0::. There is a motion, is there a second, is there a second, is there a second? All right hearing none the motion is dead from lack of a second. Now, is there a motion following the specific proposal as outlined by Mr. Stack and Mr. Poe? In other words that we merge those portions of lA into IB that would be permissive as far as the island is concerned to get the ball rolling on Claughton Island. Is there a motion to that affect? Well, I'll pass the and I will make such a motion. Mr. Reboso: We have a motion on the floor, any second to that motion? Mayor Ferre: Hearing no second then I am sorry gentlemen, we obviously have to postpone this whole matter. Mr. Plummer: Mr. Mayor, I would like to go back to what I said before and I don't think at this stage that Mr. Poe or Mr. Claughton would disagree with me, I would like to see this set up, I think rightfully so as separate items so that we can get the lA and 1B without any other interference from possibly two, then you know once we have approved 1A and 1B that we are going to then two and that's when you bring your experts back, now I believe unless you want to put some in foot from these experts into lA and B, but I think that the thing should be separated ( separate Claughton Island) and once we have the enabling ordinance then let's address two. I think if you do it any other way you are trying to mix it and I think it's wrong, now that's just one person's thoughts. Mr.Stack: May I have the floor for just a moment. I would like to ask a question, would it be , would the Commission deem that a proper move to perhaps draw the second ordinance , that is the one dealing with the Central Island District in such a way that it needs no enabling legislation. I'd feel slightly guilty in trying to stand up here and pointing out label by label and heading by heading those things that would have to be added, but it would seem to me that at your next meeting, if for any reason the ordinance IA fails to carry that should not be a valid reason for 1B failing to carry, so it seems to be that the best insurance we have for that is to sake IB self substaining and viable by itself and 1 would like to suggest perhaps that with the hell of Mx. Lloyd and us sitting down with him we try to make 1B a viable ordinance by itself. Mr. Plummer: I don't see anything wrong with it, but I think that it's a alternative that this Commission would reserve that if we didn't like lA we could make IB the only 1 SEP 231974 resolution fo this Commission. 1 don't see anything wrong with that at all. Mr. Stack: I don't know Whether "that needs a motion or not, but if it does -- Mr.Plummer: On our agenda it is two separate items, we could in fact as tried by the Mayor to pass one without the other one, so I think that would be a prerogative of this Commission at the next hearings on this item. Mrs. Grodon: I think you ought to have a legal opinion on the whole thing before you move in that direction because -- Mayor Ferret You better give us some study on this and give us a legal opinion. whrether or not we could pass 18 without an enabling act if we can then I think that 's the route to take, if legally we can do that that separates these items completely and gives you then a vehicle to work with withwit getting into all this emotionalism and might - -- I see some property owners here, I see people from South East Corporation and others. I think we better have a full pledged public imput into this other items Father Gibson: Mr. Mayor, I thought I was going to be silent . You know, again I am not the smartest guy in the world but I would move with far more dispatch I would feel more comfortable if some of those people affected like the people, you referred to a few minutes ago were up here saying to us "we think this is all right ", so you know what really bugs me in this community is everybody gets against everything instead of joining with the people. You know, we have problems we are searching for an answer and those of you who always --- be nice sometimes if you join us and say you know we think we ought to do this. I am not opposed to it , I just don't want everybody to tongue lash me to death about it. If I only had 5 or 6 people who are affected then I would say, "yes I think this is good ". Now, we one got one letter, why wouldn't the chairman come down here and say yes, so they could party and get you the darn thing, if we are against it (you know what I mean). and don't put all of us where we just get our heads just knocked off all the time, not that I mind my head being knocked off if I think I (you know), but I just think that is important,the transportation people we can't afford to let the off the hook. I think they ought to be standing up here and saying "yes we have given this a courtesy look and we think this is a good thing ". I just feel like if this community is going to face up this responsibility,all of these people who do all of that tongue lashing about us ought to come up here and say sometime ,so I think this is going in the right direction and I don't mind being told how to move. Mr. Poe: May I response to that Mayor. At the last meeting Mr. Bloomberg,referring to the letter the Mayor read., he came here to speak because this was on the agenda Father Gibson and a number of other people did do they just voluntarily came and told us afterward they were sorry that they didn't to - they came down here to tell you they were for the project. A number of other people wanted to come back today, but we were hesitant to ask them that and I understand your situation too, but one more thing if I could Father Gibson. Today, of course we thought we were going to be here until this matter was resolved, it was schedulfor us and naturally I am disappointed if you leave our items to go to others 'even though they were added to this agenda when this day and time was selected and one last quick point before I yield if I could, in terms of all of the ordinances that you have had for several weeks to read in terms of our interest. lA and 1B quite simply becomes the same thing by a routine merging of them, the simple amendment by adding those sections that our legal counsel pointed out to you, it is precisely the same situation in all legal aspects, I had to very carefully check Mr. Stack and his staff worked on that very diligently and I noticed the City Attorney was responding to the same points our counsel made. So, it would seem to me that from a legal point of view and in terms of our interest disregarding whether this should apply in Coconut Grove or some other place, that it would not be an appropriate for you to amend 18 and go ahead and vote on it so that process can continue and then on second reading if it needs to be perfected that's certainly possible as Commissioner Gordon pointed out that even if today you will take those actions on 18 and 2 it is still February before we can break ground and Mr. Prates and our other people have been working on arranging for the finances and all the various things ; the projects that the community and downtown needs now and even though you approve nothing that allows us to build today those two simple actions allow the clock to continue running and if you don't we are standing on the hose for that much longer and its detrimental to Miami. *sv. Gibson: Sir, I don't want to aeon negative, but you know, I have said this before end I ap going to say it again , Where is Mrs. Alexander, I sa' her here earlier, Mrs. Alexander you stand up , this is the way we do in church, I know this i.au' t church. e co n 4 grew• I shall never forget ... who was the gentlemen that came down here and wanted to build on grickell Avenue that "•we were having one wail of a time ", do you remember that? I came up with the compromise air, and I said this, it seems tohat what this an is saying lakes some sense, ok? Now, there was a side over there that said , "no don't: let him build." Hp was saying;! want to build ", ok? 1 said to Mrs. Alexander, "i'hy don't you listen him and get the people who were on your side to listen' (Mry. Alexander was vividly opposed). Do you know what happened they left here and went and had their respective meeting and when they came back, she was standing up there joining them. Now, sometimes( you know), a week or two weeks postponement will cause you to be far more friends and less enemies and all I am saying is you can say to those people who maybe,or wanted to cone and did not get here or who were here and were not able to speak, you say t0 them the next time they come down to the Commission (I can't speak for anybody but Theodore), and if they don't have enough time to atay, if they can't stay, if they would just say to me , Father just step out there and then give me their name and address and say that they came here and was for it, but had to leave so I can read it in the record, that will help me greatly. Mayor Ferre: No Mr. Colson, I am sorry I am not going to recognize either you or Mrs. Alexander because I will tell you why we are fifteen minutes behind schedule and there are a lot of people here and there is another public hearing . I want to make this statement to Mr. Poe, to Mr. Claughton, to Mr. Prates, a€d Mr. Stack, and your associates, like others here I am very sorry that we've come %his, it's certainly not intentional. I hope that you have the patience to understand that there is no malice involved in any of this, and certainly no attempts to persuade you from coming here. We want to work out these things, unfortunately we have a lot of other pressing items that are way behind, we have a Coconut Grove hearing and citizens that are very interested in this community. On other items which is as important or if more important than this, as far as the City of Miami is concerned. We've got a budget that we really have been struggling with and we just can't seem to put a knot on it and hold onto it and it's slipping from our hands continuously and we just really have to come to grips with it, so because of that, we've had to squeeze these three things. Any one of which would really require 5 or f hours work and we have just not been able to do it, I am sorry, we are just going tc have to set another day. We are going to take a break in a moment. Mrs. Gordon: May I ask that Mr. Colson be allowed to say a couple of words, I would want to hear what he has to say? Mayor Ferre: No ma'am, I will rule that out of order at this time. I am sorry Mr. Colson I will recognize you as soon as we break and then you can speak. Mr. Plummer: I make a motion to over rule the ruling of the chair, to allow Mr. Colson to speak. Mrs. Gordon: I will second that motion. Mr. Plummer: Call for a vote. Mayor Ferre: No, no, you don't have to do that. If you really want to hear him speak. Who else want to speak, Selma you come up. You come on up Mr. Green, now you all will be recognized the same amount of time. Mr. Colson, how much time do you want? (COMMENTS) 5 seconds, Mr. Green,how long do you want to speak sir? They all want speak to from 5 seconds to 60 minutes. (Everybody speak one minute). Mr. Colson: Chamber of Commerce. I was going to ask you in 5 seconds but now I will take my minute. Since Father Gibson asked, well you haven't heard anybody that's for you and where is the chamber, I am here and this is my third time here and what I was going to ask the Mayor is as you have us leave for the second time , would you allow us that are for it from Claughton Island to stand us and to leave in mass, if you are going to have the 1 minute hearings then I want to tell you why I am for it, but that was going to be my suggestion. Mayor Ferre: Go ahead and take your minute. Mr. Colson: I will tell you why I am for this is that two week ends ago on CBS nation wide they cane on and they showed that the unemployment rate and Commissioner Gordon was down at Ocean Reef that heard me talking about this of Black males in the United States in inter cities was now 462 - not 62 or 82 or 10%, the same night that the Miami News carried a story that said Miami is now number 2 in crime and we are number 1 in assaults. Now, here we have a housing crime need in Miami, we need jobs in this community.The budget is not important there is no crisis in this comm- unity that is as important as that. Now there is no town in America that has got more vacant land than we have, we got it downtown, I don't want it because of the tax rolls, I want it because we need jobs in this community and we need them now. III Unemployment has run out on these people and we need to put these people to work. We are loosing their aroma. We are now here is the biggest construction we can have for the next 15 years. Our community needs it, it's bringing residents to downtown to make it safer. Hot in the world can we not be for this, this is a greatdr ovetline social need in this community than any other and I hope you support it and 1 agree with Father Gibson, thin place needs to get together and be for something. i hope you are unanimously for it. Mr. Joe Supertz: I am a businesman in Miami and my firm has been since 1936. I am in support of the motion. This is the third meeting that I and my wife have attended in which you all have taken no action and I am talking about tongue lashing. I am not very impressed with our government quite frankly. It may hurt the project and I think you ought to know that, because I don't come to very many meeting and to see the kind of stuff that goes on here is really scary. All right, I am in favorof the motion I know that as far as the chamber is concerned that Lester Freeman is, because he addressed the Miami Kiwanis Club which was taped and said that he was for it. Lucius Williams is for it, he also addressed the Miami Kiwanis Club and said the same thing. I am the past general chairman of the Doral. Eastern Oakland and 1975 Doral Eastern Oakland and I am telling you we need something like the Claughton Island Project to help this community as Houston has a Astrodome,they have the Galleria, Atlanta, - somebody said earlier had their underworld Atlanta. Well, man we need something down here too ;as a businessman I am concerned about our payroll and I see audits with our contractorse sales are down, payrolls are down, accounts receivable are up, people are out of work, and you've got at project which is very well Financed they will be a show piece and to turn it down or spend any more time arguing over whether it is a IA or 1B or whatever you all are talking about. I just can't fathom them and I just urge your quick passage to this and I thank you. Mayor Ferre: Mr. Supertz your are here as I understand it to speak for Claughton Island not for the Special Planning District in lA and there is a very important distinction. Mt. Supertz: Well, yes sir. I really don't understand those distinction, I guess, because you know, two weeks,ago or ten days ago , I was here and I thought it was not an adversary proceeding then, it was a procedure to get to the issue, the issue is Claughton Inland as I understand it. Mayor Ferre: No sir, see that lA affects all of the City of Miami, not just Claughton Island, that's the point I want to make to you. Thank you very much. All their properties Coral Way, Grapeland Heights, N.E. Improvement Area, the whole bit. Mr. Supertz: That you Mr. Mayor. Mayor Ferre: All right, thank you. Mr. Green. Mrs. Selma Alexander: Mt. Mayor, and members of the Commission, I am not allowed to speak in my capacity as a member of the Planning Advisory Board, I am speaking as a citizen . I am both for and oppose because on this enabling act, it is my considered opinion this was passed by the Planning Advisory Board as it stood as an enabling act. The 1A section, this could have, was opened to public discussion,was a public hearing and should have been taken up in - - -- Father Gibson for you to put in whatever amendments you choose, but I am very much in favor of the lA and I am sorry you all did not pass it this evening. I was very opposed to the special island district because it applied to only one island, it was d• scribed for one island and I was concerned about it being about where Fair Island could come in and there was a great deal of opposition on that score and for that I personally was very much opposed too it and would be but that was not the item of discussion now, because we can't discuss it since the enabling legislation iea't in and I am opposed to compounding the two. I think we have to do this according to the way our legal department tells us. We must have enabling legislation and then districts, Claughton Island may be a very good proposal, I don't know, we haven't seen it, so I rest on that. Mt. Arthur White: I am president of Context Industries.' I aa.a forty year resident of this area. I am not up here to talk to you today, gentlemen and ladies about LA or 1B or 1C or 1D. I am up here to tell you that I have watched in all the years I have been in Miami, I watched s sewer as you passed for 6 million dollars and saw it around that ended up costing 30 or 40 million dollars. We have vacillated time and time again, we hire Dbxiadis to come in here and do a downtown plan and then we don't initiate anything, this plan is something to revitalize downtown area in Miami. We cannot afford to sit around here talking about ordinance LA and 1B . It isn't that important, the important thing is that we do something to get something done in this community. Unemployment is raapant;,here (you know) everybody talks in the Miami Herold about what a tremendous economy there is down here. This is one of 17 SEP 2 !I IQ7A most fragile econo y that 1 have ever seen in any place in the United States. FOu Out off all of the building down here and 1 sill show,you one of the deed► est areas that ever occured any place in the United States! We don't have any hard industry here. We have light industry and evert bit of it is geared to the building business. Co out in Hialeah and look at it. If you continue these policies of stalling all growth and everything in this county you are going to have a depression area like no place you have ever been in the United States and 1 say let's get busy and get this thing going so it can help the whole community. Mayor Ferre: Harold, I want to thank you for being here and I appreciate your comments, but I want to stress to you again that there is an important distinction and you say that you don't care whether it's IA or 111 or ID or anything else, let me tell you that LA - Mr. White: I think that those things can be worked out. Mayor Ferre: And they have to be and that's the point, see... now I think every- body here wants to see something done. The question is that we don't agree in what that subject is and we've got to hammer that out. Mr. White: We ought to do that before we get to all of these people out here that have come in hear to a hearing, that lA and 1B ought to be worked out before now. Mayor Ferre: Mr. White, these people that are here have been here more than 3 times they have been coming in and out of this for a year and at least a dozen times and they are just as uptight and want action just as badly as you do and we plan to give them so action tonight and we plan to give you some action in the near future, ok? Thank you. Mr. Green. Mr. Harold A. Green: Attorney: Office - 320 N.E. 18th Street, Miami, Florida. I am a property owner in this city and I represent other property owners in this community. I also, as most of you know represent some fairly large developers in Dade County and I find myself in this unusual occasion apparently appearingfor opposition to a development. Let me say at this time, I hold no brief either for or against the Claughton Island Development. I don't know much about it and I really haven't gotten involved in it, but we are concerned with the SPD District itself. I have listened to some very worthy gentlemen come up here and speak about abridging the Democratic process and this distresses me much more than anything else.I think the people are entitled to be heard all the way up and down the line. I think you have reports in front of you which haven't been referred to at all plus a great deal of data which occurred at the Planning Advisory Board level and which this development and the SPD Districts will fully discuss and I will point out that before you the recommendation of the Planning Advisory Board is opposed to the Claughton Island Development, yet I haven't heard that mentioned once. I am very much surprised that the fact their is these worthy gentlemen have always felt that we should have a full Democratic process, the opportunity for the people to be fully heard so that all sides can be heard in all information presented to this Commission before it votes and yet I hear remarks being made . "Pass it now and we will worry about correcting it later: I don't think that's good government and I don't think and I respect the fact that this Commission doesn't think it's good government, because this SPD ordinance as proposed does take certain areas of control from the elective body of this community and I think that should be fully explored. Mayor Ferre: All right, thank you Mr. Green. How many more speakers do we have? Mr. Clare Filer: I live up here in Fair Isle Country. My only reason for coming here is one behalf of Tigertail Association, Bayahore Homer Association, Coconut Grove City Club, to be sure that an amendment is included in the district ordnance to give us protection on Fair Isle. We have spent hours really with Mr. Acton office, we ' got our amendment worked up so we are not opposed to the thing. We simply are here to support the principle entirely ,even if Fair Isle grow back to Art III and we get into a planning operation on it, it's fine with us as long we have compatible and we have come to agreement on this. 1 am sure Mr. Acton will present it later on when you pass the ordinance. Thank you. Mayor Ferre: All right Mt. Filer, thank you. Lewis Sabina: (SPEAKS IN SPANISH) President of the Latin Chamber of Commerce. Frank Dannenberg: (TRANSLATES FOR LEWIS SABINES IN ENGLISH). He says whenever we have responsible citizens and developers and businessmen like Mr. Claughton and Mr. Frates that want to develop this city to make it a more beautiful city to live in. We should give them all of the opportunities possible and there is something special that has to be done to make them finish their project in the city then we should do it. 18 SEP 2 3 1974 That is alt. Thank you. mayor Perre: Thank you very much Mr. 6abinea. Is there somebody else that wants to speak? Mr. Prank Dannenberg: I will speak to you in the capacity that I am Chairman of the Board of Directors of the Cuban - Americans Jaycees. Mr. Mayor, what I would like to say to you and the Commission is that I have seen for sometime now the professional of the Planning Department and the people representing this project. Mr. Lloyd: One moment, please! 'I hate to interrupt -- Mr. Frank Dannenberg: I live at 3640 N.W. 9th St., Apt. 413. As I have seen the professionals of the Planning Department and the professional developers working together from priority I think even runs into the years to try to come up with a conclusion to this problem and together they have worked out a solution which was more suitable not only to the Planning Department developers and the citizens. I think the Special Island District is something that you should vote for. There are a lot of considerationtto it and some of the problems that we have come across is the problem of traffic, but this is mainly concerned with the project. As we were in a conference in Great Harbor Bay which was considering the Spirit of the City of Miami. I hope that so far as I can see , the spirit of the City of Miami has been dead and this is something that can bring it to life. Mr. Lester Freeman, who was there stated it very simply that we should make anyone that wants to spend money and this kind of money that the people want to spend in the City of Miami. We should make them welcome to do it and do everything possible to make them and accommodate them so that there project can become successful and can be started as soon as possible. Thank you. Unidentified Man: I didn't intend to talk on this, I came on the Coconut Grove thing, but after I heard some of these talks here in the same few minutes I just got riled, up, I am getting pretty mad about what I have heard about Miami. I think when you look up here and see these gentlemen up here, you see Democracy in action, when you or anybody can come up here and complain about anything and be heard you have the best of Democracy and we have got that here in "Miami. You talk about Miami being number one in crime and stuff like that. Number one, how about the other cities, there --- -- We have an ----- here of 4 or 500 thousand people coming in here and waiting for you to assimilate an invisible wonder, it amazing that we would be able to assimilate any of them. Of course, there we are going to have some crime with it; and about our interest in our jobs, we ve got plenty of jobs, but you can't assimilate that people and we've got right now a depression of world wide and national riot depression coming on. I wonder how many of these men were back here during that depression back in the 29's. I went to New York City to buy a new bonds of Miami - $10.00 on a $1,000 and I bought them and I came back here and paid off my lend for those bonds of the City of Miami. Thank you. Mr. Plummer: Mr. Mayor, I an going to ask that any future speakers you allow address themselves only to the discussion at hand. Mayor Ferre: That's a fair request. Yea man, this is strictly to the matter that for this Commission at this time. Is there anybody else that wants to talk on Claughton Island or SPD as defined here in the minutes before u0 All right, if not I an ready for a motion. Mr. Plummer: Mr. Mayor, let me preface my motion by making one short comment. I think everyone here sitting on this Commission is in favor a project like Claughton Island for Miami done properly. I make a motion Mr. Mayor at this time that we here this item 1A and 13 pa1 z starting October 3 at 6:00 P.M. Mr. Stack: Mr. Plummer, I respect your motion, I think it would be appropriate if you consider adding item 2 to it also since that the third segment of the Claughton Island set of ordinances which is a very simple thing and I don't think will meet with any observation. Mr. Plummer: Mr. Stack I made my comment before, I think it's doing you an injustice to put the two together. I have no objection, I in my own mind, can easily delineate between Claughton Island and the vehicle, but I'll add that and see if it passes that we hear this item on October 3rd starting at 6:00 P.M. Mayor Ferre: All right, October 3rd is all right with me. Is there a second to the motion! SEP 2 ;1 1974 , The following motion was idtroduced by Commissioner Plutmer, who moved its adoption: Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ADJOURNMENT There being no on motion duly made 5:30 ATTEST: H. D. SOUTHERN City Clerk RALPH G. ONGIE Assistant City Clerk MOTION NO. 74 -1042 A MOTION TO DEFER CONSIDERATION OF AN ORDINANCE AMENDMENT. TO THE COMPREHENSIVE ZONING ORDINANCE "SPECIAL PLANNED DEVELOPMENT DISTRICTS" AND INCLUSION OF A NEW ZONING DISTRICT, ARTICLE XXI - SPD -1 CENTRAL ISLAND DISTRICT TO A SPECIAL COMMISSION MEETING TO BE HELD OCTOBER 3, 1974 at 6:00 P.M. INCLUDING SPECIFIC APPLICATION FOR CHANGE OF ZONING CLASSIFICATION FOR UNPLATTED PROPERTY KNOWN AS CLAUGHTON OR BURLINGAME ISLAND further business to comb 'defore the City Commission and seconded, the meeting was adjourned at: O'Clock P. M. MAURICE A. FERRE Mayor 20 SEP 2 3 1974