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Home My WebLink AboutCC 1985-05-23 Minutes40N r i CITY OF MIAMI Co I►�MISSION OF MEETING HELD ON _ May 23, 1985 (PLANNING AND ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK m ITEM SUBJECT NO. 1 PLAQUES, PRESENTATIONS AND SPECIAL ITEMS. LEGISLATION PAGE NO. PRESENTED 1-2 5/23/85 2 CITY COMMISSION CONDEMNS VIOLENT R 85-525 2-3 ACTS BY COMMUNIST -LED GUERRILLAS IN 5/23/85 SAN SALVADOR AS FLAGRANT VIOLATIONS OF HUMAN RIGHTS. 3 LETTER READ INTO PUBLIC RECORD FROM SENATOR LAWTON CHILES REGARDING FUNDING OF 'CONTRAS' IN NICARAGUA. j 4_ CITY MANAGER TO SUBMIT REPORT TO THE COMMISSION IN CONNECTION WITH LACK OF SUPERVISION ON CITY POOLS AND RECENT ACCIDENTAL DEATH OF A YOUTH. 5 AUTHORIZE SETTLEMENT OF ATTORNEY'S FEES IN THE F.E.C. ACQUISITION CASE. DISCUSSION 3 5/23/85 DISCUSSION 3-4 5/23/85 R 85-52E 5/23/85 6 RENEW CONTRACT WITH THE FIRM OF AIDA M 85-521 LEVITAN AND ASSOCIATES - TO CONDUCT 5/23/85 THREE TOURS OF NATIONAL AND INTERNA- TIONAL JOURNALISTS, "MIAMI - A NEW WORLD CENTER 1965-86" - PUBLIC RELATIONS/MARKETING. 7 ACCEPT REPORT FROM CITY ATTORNEY ON M 85 52E WRITTE:: APOLOGY RECEIVED FROM CITY 5/23/85 OF SANTA MONICA, CALIF. RE WESTON HILL CASE - DIRECT CITY ATTORNEY NOT TO INSTITUTE LAW SUIT AGAINST CITY OF SANTA MONICA. 8 APPROVE EXECUTION OF AGREEMENT WITH R 85-529 U.S. DEPT. OF HOUSING & URBAN DEVEL- 5/23/85 OPMENT FOR A U.D.A.G. GRANT FOR REDEVELOPMENT OF BAYFRONT PARK. 9 BRIEF DISCUSSION RE APPOINTMENT OF MEMBERS TO CERTIFICATION COMMITTEE IN THE "BRICKELL PROMENADE" PROJECT. (See later this meeting - Label #63) DISCUSSION 20 5/23/85 10 AUTHORIZE EXPENDITURE FOR REPAIR OF R 85-530 PAVING IN MARINE STADIUM BOAT PIT 5/23/85 AREA - BILL MARINE STADIUM ENTER- PRISES, INC. 11 ALLOCATE $6,000 TO HELP DEFRAY COST M 85-531 OF TRANSPORTATION OF "MIAMI SENIOR 5/23/85 HIGH MARCHING/(:ONCERT BANDS" TO ATTEND INTERNATIONAL FESTIVAL IN MEXICO CITY. i 1w id 2 BRIEF COMMENTS IN CONNECTION WITH DISCUSSION 23 BASEBALL GAME HELD BETWEEN CITY OF 5/23/85 HIALEAH AND CITY OF MIAMI. 3 SUPPORT PASSAGE- OF PROPOSED STATE R 85-532 23-2S SENATE BILL 92 ' CONCERNING REQUIRE- 5/23/85 MENT FOR A DEPOSIT ON BEVERAGE CONTAINERS AND BOTTLES TO ASSIST IN KEEPING A CLEANER ENVIRONMENT. 14 EXPRESS COMMISSION'S SUPPORT OF R 85-533 29-26 PRESIDENT REAGAN'S DECISION TO BEGIN 5/23/85 RADIO MARTI TRANSMISSIONS. 15 AMEND RESOLUTION WHICH ALLOCATED R 85-534 26-27 MONIES FOR THE INTER-AMERICAN CON- 5/23/85 GRESS OF MUNICIPALITIES BY CHANGING THE DATE ON WHICH EVENT WILL BE HELD. 16 INSTRUCT CITY ATTORNEY TO REVIEW AND M 85-535 28-29 REPORT ON COMPLAINTS RECEIVED RE 5/23/85 ALLEGED MISHANDLING OF PACKAGES SENT TO CUBA BY CERTAIN EXPORT AGENCIES. 17 DIRECT ADMINISTRATION TO PLACE ON M 85-536 29-31 ITS NEXT AGENDA THE ISSUE OF PRO- 5/23/85 POSED APPOINTMENTS TO THE CITY'S WATERFRONT BOARD. (Four appointments to be made). i - 1$ SUPPORT EFFORTS TO SEEK ESTABLISH- R 85-537 31-32 MENT OF FEDERALLY SPONSORED "CARIB- 5/23/85 BEAN TRADE INSTITUTE/INTERNATIONAL TRADE CENTER" IN CITY Or MIAMI. 19 PERSONAL APPEARANCE: ANNE MARIE DISCUSSION 32-33 ADKER RE (a) INTENT OF CITY OF MIAMI 5/23/85 MINORITY PROCUREMENT ORDINANCE, AND (b) JOBS IN THE OVERTOWN AREA. 20 (a) AMEND 9500, SEC. 2026 (SIGNS, M 85-538 33-58 SPECIFIC LIMITATIONS AND REQUIRE- M 85-539 MENTS OF ART. 20, GENERAL SUPPLEMEN- ORD 9993 TARY REGULATIONS - OUTDOOR ADVERTIS- R 85-540 ING/SIGNS) (b) INSTRUCT CITY MANAGER M 85-541 TO REPRESENT CITY COMMISSION AT NEXT M 85-542 METRO COMMMISSION MEETING TO DEFEND 5/23/85 CITY'S RIGHT TO DETERMINE ITS OWN PLANNING & ZONING REGULATION. 21 PRESENTATION MADE TO COMMISSIONER PRESENTED 58-59 DEMETRIO PEREZ, JR. (POTTY TRAINER 5/23/85 AWARD) . 22 APPLY 1610 HC-4: COMMERCIAL AREA FIRST 59 HERITAGE CONSERVATION OVERLAY DIS- READING _ TRICT TO DUPUIS MEDICAL OFFICE AND 5/23/85 DRUGSTORE - 6041-45 N.E. 2ND AVE. 23 CONTINUED CONSIDERATION OF PROPOSED M 85-543 60-61 RESOLUTION RE PETITION/REQUEST FOR 5/23/85 VACATION AND CLOSURE OF PORTION OF N.W. 5 AND 6 AVE., N.W. 11 TERR. & N.W. 12 & 13 STREETS; SCHEDULE FOR PUBLIC HEARING. 24 CONTINUE CONSIDERATION OF PROPOSED See 61�62 RESOLUTION ON REQUEST FOR OFFICIAL 'R 85-550 VACATION/CLOSURE OF MIAMARINA PARK- 5/23/85 WAY DRIVE. (Later passed as R 85- 550). "R ` PERMIT PROPOSED DRIVE-IN FACILITY R 85-545 POR THE "FLORIDA NATIONAL BANK" AT 5/23/85 APPROXIMATELY 2501 S.W. 37 AVE. (DOUGLAS ROAD) . b ACCEPT PLAT: PAPANICOLAOU TRACT" - R 85-546 N.W. 14 ST. & N.W. 12 AVE. 5/23/85 27 ESTABLISH DATE FOR PUBLIC HEARING RE R 85-547 ISSUANCE OF DEVELOPMENT ORDER FOR 5/23/85 BRICKELL SQUARE PROJECT PHASES II AND III (D.R.I.) AT APPROXIMATELY 845-999 BRICKELL AVENUE. 28 ESTABLISH DATE FOR PUBLIC HEARING TO R 85-548 CONSIDER ISSUANCE OF A DEVELOPMENT 5/23/85 ORDER FOR 1111 BRICKELL PROJECT (D.R.I). 29 DISCUSSION REGARDING "SUPER SAVE DISCUSSION SUPERMARKET, INC." - RELATED DISCUS- 5/23/85 SION RE FUNDS FOR OPERATION OF PRIOR SUPERMARKET. 30. RECONSIDERATION OF PRIOR CONTINUANCE R 85-550 OF AGENDA (4) - GRANT REQUEST FOR 5/23/85 OFFICIAL VACATION/CLOSURE OF MIAMARINA PARKWAY DRIVE (O.R.B. 6902 P. 644) AT BAYFRONT PARK. (See label #24). i 31 COMMISSION'' EXPRESSES INTENT THAT R 85-551 MIAMARINA DRIVE, AT BAYFRONT PARK, 5/23/85 REMAIN AVAILABLE AS ACCESS TO MIAMARINA UNTIL CONSTRUCTION AT BAYSIDE REQUIRES CLOSURE OF ENTIRE SITE. 32 CITY MANAGER TO REPORT ON COMPLAINTS DISCUSSION RECEIVED BY THE COMMISSION THAT SOME 5/23/85 PEOPLE ARE DOING BUSINESS ON THE CAUSEWAY, WITHOUT LICENSES. a 33 APPEAL BY APPLICANT (EVA AVILA) OF R 85-552 ZONING BOARD'S DENIAL OF SPECIAL 5/23/85 ! EXCEPTION PERMITTING ESTABLISHMENT OF COMMUNITY -BASED RESIDENTIAL FACILITY AT 1351 S.W. 23 STREET. 34 DISCUSSION OF PROPOSED RECOMMENDA- DISCUSSION TIONS CONCERNING DEVELOPMENT ORDER 5/23/85 APPROVING WITH MODIFICATIONS THE MIAMI CENTER 1I DUPONT PLAZA PRO- JECT. NO OFFICIAL ACTION TAKEN BY THE CITY COMMISSION. 35 INCREASE FUNDING AND AMEND RESOLU- R 85-553 TION' BY CHANGING NAME OF MIAMI-DADE 5/23/85 TOURIST AUTHORITY, INC. (MDTA) TO "MIAMI-DADE TRADE & TOURISM COMMIS- SION, INC." (MDTTC). 36 AUTHORIZE AGREEMENT WITH MIAMI-DADE R 85-554 TRADE AND TOURISM COMMISSION TO 5/23/85 ASSIST CITY OF MIAMI TO IDENTIFY PROSPECTIVE BLACK CONVENTIONS AND TO PROMOTE THE CITY AS A POTENTIAL CONVENTION SITE. 37A PROPOSED CHARTER AMENDMENT NO. 1 - FIRST STRONG MAYOR FORM OF GOVERNMENT. READING 5/23/85 62-63 64 64-$t 65-66 AMEND SEC. 53-161(3) OF THE CODE BY 9994 94-98 CHANGING THE RATE SCHEDULE FOR USE 5/23/85 AND OCCUPANCY OF THE MIAMI CONVEN- TION CENTER AND PARKING GARAGE NO. 4. 39 CONTINUED DISCUSSION REGARDING R 85-555 98-1 6 PROPOSED CHANGE IN FORM OF GOVERN- 5/23/85 MENT. PROPOSED CHARTER AMENDMENT TO BE SUBMITTED TO THE ELECTORATE RE PARTISAN ELECTIONS FOR THE OFFICE OF MAYOR. (See label #53) 40 PROPOSED POLICE SUB -STATIONS - M 85i-556 106-114 APPROVE SITE FOR NORTH DISTRICT - 5/23/85 EXAMINE OTHER POSSIBLE SITES IN LITTLE HAVANA AREA. 41 CONTINUE CONSIDERATION OF AGENDA M 85-557 115-121 ITEMS NOS. 12, 13 AND 14 re VARIOUS 5/23/85 ISSUES IN CONNECTION WITH PROPERTIES LOCATED AT 3151-3199 S.W. 27 AVE., 2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE TO MEETING PRESENT- LY SCHEDULED FOR JUNE 13, 1985. 42 AUTHORIZE ISSUANCE, SUBJECT TO FIRST 120-123 EXECUTION, OF $7,000,000 G. 0. BONDS READING FOR COSTS INCURRED IN BAYFRONT PARK 5/23/85 = REDEVELOPMENT PROJECT. 43 PROVIDE FOR HOLDING OF SPECIAL MIAMI FIRST 124 ELECTION ON AUGUST 13, 1985 RE READING ISSUANCE OF $7,000,000 G.O. BONDS 5/23/85 FOR BAYFRONT PARK REDEVELOPMENT PROJECT. 44 PRIVATE PARTICIPATION IN FUNDING M 85-558 125-135 BAYFRONT PARK REDEVELOPMENT PROJECT. 5/23/85 45A DISCUSSION OF BLACKS' FAIR SHARE OF DISCUSSION 136-143 LOCAL BUSINESS PURSUANT TO MINORITY 5/23/85 PROCUREMENT ORDINANCE, ETC. 45B APPROVE NEGOTIATION WITH MOST QUALI- R 85-559 136-143. FIED FIRM FOR MODIFICATION/EXPANSION 5/23/85 OF FIRE GARAGE AND FIRE STATION NO. 3. 46 AMEND 9500, SUBSEC. 2031.2 "DRIVE-IN 9995 143-144 ESTABLISHMENTS; CAR WASHES" TO 5/23/85 PROVIDE SPECIAL EXCEPTION WITH APPROVAL BY CITY COMMISSION. 47 AMEND 950C - CHANGE ZONING CLASSIFI- 9996 144-145 CATION FROM RS-2/2 TO RO-1/5 FOR 5/23/85 AREA BOUNDED BY I-95, METRORAIL RIGHT-OF-WAY, S.W. 17 ROAD., S.W. 2 AVE., & A LINE PARALLEL TO & APPROX. 210' NE OF S.W. 17 RD. & S.W. 2 CT. 48 AMEND 9500 - CHANGE ZONING CLASSIFI- 9997 145-146 CATION OF 1600 S.W. 2 AVENUE FROM 5/23/85 RS-2/2 TO RO-3/5. 49 AMEND 9500 - CHANGE ZONING CLASSI- 9998 146-147 F. FICATION FROM RG-2/5 TO RO-3/5 FOR 5/23/85 AREA GENERALLY BOUNDED BY S.W. 2 CT. S.W. 15 RD., S.W. 1 AVE. & A LINE PARALLEL TO & APPROX. 115-150 FT. SW OF S.W. 15 RD. 0 AMEND 9500 BY CHANGING ZONING CLAS- 9999 SIFICATION FROM RG-2/5 TO RO-1/5 FOR 5/23/85 AREA GENERALLY BOUNDED BY S.W. 2 AVE. S.W. 17 RD., S.W. 1 AVE. & A LINE PARALLEL TO & APPROX. 390 FT. NE OF S.W. 17 RD. ALLOCATE $40,DOD IN SUPPORT OF "NEW R 85-560 CENTER FOUNDATION" TO PARTIALLY 5/23/85 FINANCE PHASE II OF THE "PERFORMING ARTS FACILITIES STUDY FOR GREATER MIAMI". 52 53 147a148 148-149 REFER TO CITY MANAGER REQUEST RE- DISCUSSION' 149f1S'O CEIVED FROM H.A.C.A.D. FOR USE OF 5/23/85 GUSMAN HALL ON JUNE 16, 1985 & WAIVER OF THE USE FEE - CITY MANAGER TO REVIEW AND RECOMMEND TO THE COMMISSION. CONTINUED DISCUSSION RE PROPOSED DISCUSSION 150-151 CHANGE IN FORM OF GOVERNMENT. (See 5/23/85 label No. 67) 54 AMEND 9500, SEC 2102 "NONCONFORMING 10000 151-152 LOTS" TO PROVIDE THAT LOTS UTILIZING 5/23/85 THE "EIGHTY PERCENT" EXCEPTION MUST MAINTAIN SAME COMMON FRONTAGE & ORIENTATION AS PREVIOUS LOTS. 53 CONTINUE CONSIDERATION OF PROPOSED 1ST READING ORD.-AMEND 9500, ART. 15, SPI: SPECIAL INTEREST DISTRICTS, SEC. 1520, SPI-2: COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; ETC. - ALLOW TEMPORARY CIVIC AND POLITICAL CAMPAIGN SIGNS; ETC. MAKE PROVISIONS FOR EXEMPTIONS; ETC. DISCUSSION 152-155 5/23/85 56 INSTRUCT CITY ATTORNEY TO DROP THE M 85-561 CRUZ vs FERRE CASE AS CONSTITUTED; 5/23/85 INSTRUCT ATTORNEY TO COME BACK WITH NEW ORDINANCE INCORPORATING RECOM- MENDATIONS FROM SPECIAL COUNSEL. 57 ESTABLISH 2 NEW SPECIAL REVENUE 10001 FUNDS - "RENTAL REHABILITATION 5/23/85 PROGRAM - 1984" AND "RENTAL REHABIL- ITATION PROGRAM - 1985" FUNDED FROM FEDERAL GRANT MONIES. 58 BID ACCEPTANCE: P.N.M. CORPORATION - R 85-562 BAYFRONT PARK REDEVELOPMENT - PHASE 5/23/85 i, - $750,038. 59 INSTRUCT CITY ADMINISTRATION NOT TO R 85-563 REMOVE OLD COCONUT PALM TREES IN 5/23/85 BAYFRON'r PARK DURING REDEVELOPMENT PROJECT WITHOUT SPECIAL PERMISSION FROM THE CITY COMMISSION. 60 CONTINUE CONSIDERATION OF PENDING M 85-564 APPOINTMENT OF' A MEMBER TO THE CITY 5/23/85 OF MIAMI ZONING BOARD - REQUEST APPROPRIATE CITY DEPARTMENT TO ADVERTISE. 61 CONTINUE CONSIDERATION OF PENDING M 85-565 APPOINTMENT OF A MEMBER TO THE CITY 5/23/85 OF MIAMI PLANNING ADVISORY BOARD - DIRECT APPROPRIATE CITY DEPARTMENT TO READVERTISE. 165-166 i :.i APPOINT TWO MEMBERS TO FILL R 85-566 166-167 UNEXPIRED TERMS ON THE CIVIL SERVICE 5/23/85 _- BOARD. (Note: appointments were Mrs. Ella Hadley and Rosario Kennedy). 6 APPOINT THREE INDIVIDUALS TO SERVE R 85-567$7�3 ON CERTIFICATION COMMITTEE TO REVIEW 5/23/85 —_ CONSULTANT QUALIFICATIONS TO PROVIDE DESIGN SERVICES FOR THE "BRICKELL PROMENADE" PROJECT. (Note: Appoint- ments were Jack Luft, David Rhinard and Juanita Shearer.) 64 CITY i,:ANAGER INFORMS THE COMMISSION DISCUSS1014 168 OF SETTLEMENT OF THE GATES CASE - 5/23/85 MAYOR CONGRATULATES STAFF ON ACCOM- PLISHMENT. 65 CITY MANAGER INFORMS THE COMMISSION DISCUSSION 169 OF IMPROVEMENT OF CITY'S POSITION ON 5/23/85 H.U.D.'S PRIORITY FUNDING LIST. _ 66 REPORT IN CONNECTION WITH THE CITY'S DISCUSSION 169-171 CABLE FRANCHISE (license fees, 5/23/85 access issue; etc). ADMINISTRATION - REQUESTED TO SUBMIT FULL REPORT AT THE NEXT CITY COMMISSION MEETING. 67A PROPOSED CHARTER AMENDMENT NO. 1 - FIRST 171-179 STRONG MAYOR FORM OF GOVERNMENT READING - (CONTINUED DISCUSSION). 5/23/85 67B PROPOSED CHARTER AMENDMENT NO. 2 - FIRST 171-179 PROVIDE FOR THE HOLDING OF PARTISAN READING ELECTIONS FOR THE OFFICE OF MAYOR IF R 85-569 PROPOSED AMENDMENT NO. 1 BECOMES EFFECTIVE. - i 0 ►r MINUT9S OF REGULAR MEETING OF THE - CITY COMMISSION OF MIAMI, FLORIDA On the 23rd day of May, 1985, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:17 O'clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: *Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. **Vice -Mayor Joe Carollo Mayor Maurice A. Ferre Sergio , City Manager Lucia Allen Dougherty, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. *COMMISSIONER DEMETRIO PEREZ ENTERED MEETING AT 9:20 A.M. **VICE -MAYOR JOE CAROLLO ENTERED MEETING AT 9:26 A.M. ------------------------------------------------------------ 1. PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS. Commendation: To Melton Bowen, as an example of NO SHOW the inner city youth. Proclamation: Alfonso Hernandez-Cata Day. PRESENTED Presented to his granddaughter, Mrs. Uva Clavijo and his daughter Mrs. Uva Marquez -Sterling. On the occasion of the 100 anniversary of his birthday. Certificates of To Bobbie Berkman. For her Appreciation: contribution to the design of the PRESENTED new Key to the City of Miami. Proclamation: Conchita Castanedo Day. PRESENTED Certificates of To those who worked for the success Appreciation: of the COTAL convention: Hon. Miller PRESENTED Dawkins, Jeanne Westphal, Claire Whelan, Rene Guim, Ron Kent, Skip Sheppard, Monty Trainer, Cesar Odio anJ Tony Pa fares . Certificates of To the 69th Terrace Singing Angels Appreciation: of the James E. Scott Housing PRESENTED Workers. FM gl 1 May 23, 1985 0 4p 0 Certificates of To the contestants in the First Appreciation: Latin American Children's Pageant. PRESENTED Key to the City: To Sussy Lehman and Raymond Jose Ma. PRESENTED Commendation: To C. Gaylord Rolle, a journalist. PRESENTED ------------------------------------------------------------ 2. CITY COMMISSION CONDEMNS VIOLENT ACTS BY COMMUNIST -LED GUERRILLAS IN SAN SALVADOR AS FLAGRANT VIOLATIONS OF HUMAN RIGHTS. ------------------------------------------------------------ Mayor Ferre: We are now in pocket resolutions and I would like to read into the record a telegram that I received. Joe, I want you to hear this. This is a telegram received from the Mayor of San Salvador in the Republic or El Salvador and you will forgive me for making this extemporaneous translation. (AT THIS POINT THE MAYOR TRANSLATES A TELEGRAM FROM THE MAYOR OF SAN SALVADOR. SAID TELEGRAM IS ON FILE IN THE CITY CLERK'S OFFICE). I would like to request that this City of Miami... I know that the editorial departments of the Miami Herald and the Miami News do not understand that amongst three hundred fifty people in Latin America these acts are important. They think that they are silly and that they have no place in the scheme of things. The Miami Herald and the Miami News and those who follow those editorial policies must understand that 1985 is not 1955 and that Miami has changed and that we in this Commission must take on the responsibility of answering the request of our colleagues that are involved. They would not be reaching out to us with outstretched hands asking for moral support if this were not an important cause. Understand what is happening. The communist -led guerrillas in El Salvador have decided that the way to solve their problems is to kill Mayors and Commissioners and City Officials in their Country. Now, put that in perspective in our own Country and I think you must understand the seriousness of this problem. I would like to point out that El Salvador is closer to Miami than Washington D.C. and that even though this is not our Country, it is our hemisphere and that we are affected by what occurs in a place like El Salvador. The fact is that we have thousands and thousands c" Nicaraguans and Salvadorans living in America and right here in Miami that have been victims of communism and so we are whether we want to acknowledge or not a part of this world. I would like to to my colleague in El Salvador thank him for asking us for moral support and I would like to ask that this Commission unanimously go on record passing a resolution condemning the atrocious terrorism that the FLMN and others are committing in Central America barely two hours away travel time from Miami. Is there such a motion? Mr. Perez: Yes, 'sure. Personally, I would like to move that motion without any doubt, Mr. Mayor. I am very familiar with the situation of the Mayor and the Commissioners of the different municipalities of E1 Salvador and I think that it's a proper time that the City of Miami express the solidarity with all these group and I would like to move that resolution. Mayor Ferre: Is there a second? Mr. Plummer: Second. gl 2 May 23, 1985 My6t Ferre: is there any discussion. All right, call the = toll please. The following resolution was introduced by Commissioner Peru, who moved its adoption: RESOLUTION NO. 85-525 A RESOLUTION STRONGLY CONDEMNING THE ATROCIOUS TERRORIST ACTS WHICH ARE PRESENTLY BEING PERPETRATED BY THE FRENTE FARA BUNDO MA RTI GROUP AGAINST -- MAYORS AND LOCAL GOVERNMENT OFFICIALS IN SAN SALVADOR AND SIMILAR ATROCITIES WHICH ARE BEING PERPETRATED BY LIKE - GROUPS THROUGHOUT LATIN AMET.ICAN COUNTRIES AND THROUGHOUT THE WORLD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk. ) Upon being seconded by Commissioner Plummer, the -_ resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. _ ------------------------------------------------------------ 3. LETTER READ INTO PUBLIC RECORD FROM SENATOR LAWTON CHILES REGARDING FUNDING OF 'CONTRAS' IN NICARAGUA. ------------------------------------------------------------ Mayor Ferre: The next item that I have is to share with you and put into the record a response from Senator Lawton Chiles who I will put the letter into the record, but I will only read in the interest of saving time just two paragraphs. This is a letter to the members of the Commission through me. (AT THIS POINT THE MAYOR READS INTO THE RECORD PORTIONS OF A LETTER FROM SENATOR LAWTON CHILES). I don't think it's any secret that Paula Hawkins has taken a very similar position and I therefore, think that it is important that this be put into the record of the City of Miami deliberations. 4. CITY MANAGER TO SUBMIT REPORT TO THE COMMISSION IN CONNECTION WITH LACK OF SUPERVISION ON CITY POOLS AND RECENT ACCIDENTAL DEATH OF A YOUTH. ------------------------------------------------------------- Mayor Ferre: The next two things that I have are... Mr. Manager, you can tell me how you want to do this. We had another tragic drowning in a City of Miami pool. You have sent a memorandum to the Commission dealing with this and this fifteen year old boy drowned at Range Pool. I understand that you have formed a special task force. Is there any action that you need for this City of Miami to take at this time? gl 3 May 23, 1985 Mr. pereitat Not at this time Mayor. The task force met on Monday, they have another meeting coming up and I will be Pending a report at that time. I might need at the next meeting, if we have to incur into any additional expenditures, I might have to come to you with a recommendation, but I don't need any action on your part today. Just to tell you that we are sensitive to what... those two tragic incidents and we are trying to utilize the two weeks that remain in school in order to have a captive audience and be able to put out an all out campaign on safety on the pools and as I said next meeting after the task force meets again we might need some actions on your part. Mr. Dawkins: Mr. Mayor, that's one at Hadley Park and one at Edison Park. Mr. Pereira: That's right, there were two drownings, Exactly two drownings. Mayor Ferre: Any further discussion on this? 5. AUTHORIZE SETTLEMENT OF ATTORNEY'S FEES IN THE F.E.C. ACQUISITION CASE. ------------------------------------------------------------- Mayor Ferre: All right, the next item that I have is the letter... Lucia, this is the letter that I have received and I'm sure other members have dealing with this settlement on the FEC property. Ms. Dougherty: Yes, sir, Mr. Mayor. We are going to... a special council for the City and I are recommending a settlement of attorneys fees in the FEC case. You may recall that was an acquisition of twenty-four million dollars worth of property which is now worth two hundred million dollars. We have been undergoing extensive discovery of all the time that was incurred by two law firms. We are recommendatiog 1.3 million dollars attorneys fees for the two law firms which calculations that to about two hundred dollars an hour and to put this in perspective Mr. Mayor, we... Dade County on behalf of the City in the acquisition of the affordable rental housing site paid a hundred seventy thousand dollars for a forty-five minute hearing. So, we suggest that this is a good and fair settlement. In fact our own expert witnesses contend that it would cost us a million dollars if we won the lawsuit. Their experts are asking for 2.5 million dollars a s reasonable fee. So, we are recommending a settlement in this case and if you want to hear from special counselor he will be available at 2 O'clock. Mayor Ferre: What is your recommendation? Ms. Dougherty: I'm recommending 1.3 million dollars for the two law firms as a settlement to the case and the additional cost of two hundred eighty-eight thousand. Mayor Ferre: Lucia, you have gone through this with many other lawyers. You have consulted this with many people? Ms. Dougherty: Yes, sir, Mr. Mayor. Our expert witnesses, there is one from Fowler White who has an expertise in immanent domain. The other expert is a lawyer who our expert who condemned the big cypress swamp for the federal government and had over three cases with Tobbie Brigham who is one of the firms. gl 4 May 23, 1985 t f Myot Ferre: As l understand it then, what you are saying is that the average of what our experts say they time is worth is a million dollars. Ms. Dougherty: No, our experts are saying it's worth any where from seven hundred fifty thousand dollars to a million dollars, but they also contend that if we wanted a million dollars then if the other side appealed we would be spending another five hundred thousand dollars for the appeal. Mayor Ferre: In appealing it. Ms. Dougherty: Right. Mayor Ferre: In addition to which we would also have to spend three hundred thousand dollars in legal fees to go through the process. Ms. Dougherty: That's right, for our own counsel and theirs. Mayor Ferre: So, you are recommending that we settle it for a million three. Does that include expenses? Ms. Dougherty: That does not include expenses. The expenses on top of that which is... Mayor Ferre: And the expenses are three hundred and some odd thousand dollars. Ms. Dougherty: Two hundred eighty-eight. Mayor Ferre: So, the total settlement would be including expenses one million six eighty... Ms. Dougherty: Yes, sir. Mayor Ferre: ... of which one million three is the legal portion of it. Ms. Dougherty: That's correct, sir. We are continuing to litigate with TNT who is wanting a hundred fifty thousand and Holiday Inn who wants a hundred fifty thousand. Mayor Ferre: Let me once again go through briefly through the record of this whole matter. The City of Miami years back O ecided to take this land and Ballpoint. We did not havc. enough money to do both. The people of Miami voted in the early seventies in a bond issue to take both of those properties. Now, a few years later in the mid seventies we abandon the idea of talking Ballpoint, because we just simply did not have enough money. Mel Reese, had made in my opinion a terrible mistake in calculating the monies needed to take both of these properties. I might say that the people of Miami unquestionably and overwhelmingly voted in favor of these monies being expended for the taking of these properties. The question came up as to whether we would go to quick take or to the regular method. This is the first time a major government in Florida had gone through a quick take procedure. The Commission deliberated and voted in favor of the quick take. At that time the attorney that was handling this case for us was Mr. William Frates who is no longer, unfortunately, with us. Now, Bill Frates along with Dan Paul who really in many ways in this case is the unsung hero. It was Dan Paul who recommended that we use Bill Frates. It was Dan Paul who recommended to us and to me than we staunchly stand up for a quick taking. It was the only way we would end up with this property. Af;.er almost a decade of fighting and deliberating with unbelievable gl 5 May 23, 1985 ki attorneys we have won, because we ended up buying that piece Of property for twenty-three million dollars, Today if we s were to sell that property in the open market it would well... the minimum it would be worth is a hundred fifty million dollars and it would probably be worth over two �_ hundred million dollars if zoned to its best and proper use. It's a consequence that people of Miami really through what we have done, our action in the past decade have come out with one probably one of the greatest aspects that this community will have in future years. The recommendation of - - our City Attorney is one that is not an easy one, because a million six hundred eighty thousand dollars is a lot of money anyway you slice it, but when you look at it in perspective and you realize what the total implication is I think that we have come out once again the winner and the people of Miami finally have their way about getting this magnificent piece of property right in the heart of our Bay and our Downtown for future generations of Miamians and... Ms. Dougherty: To underscore just what you said and if you recall the case started in 1977 and that's when you decided you would quick take it. So, the price was set at the seventy-seven prices. If you had condemn it or not done it in quick take at the time of trial the property was worth a hundred thousand dollars. So, to underscore that, yes, it =_ was a courageous thing to do and it was the right thing to do at the time. The other thing is there are cases after cases that say fifteen per cent of the acquisition price is a reasonable attorneys fees and this is about one per cent - of the acquisition price. So, we recommend it. Mayor Ferre: All right, any questions? Mr. Plummer: Yes, I have got a couple of questions. What say if the record when we appointed these people we normally have some kind of a contract and a figure not to exceed. Ms. Dougherty: No, this isn't our attorneys fees. This is the other side attorneys fees. These are not our attorneys fees. Mayor Ferre: No, our attorneys. Have you read the i memorandum? Mr. Plummer: Yes, I read it. Then I misunderstood it then. Mayor Ferre: No, no, J. L. we have already paid our attorneys. This is... we are now in a lawsuit where the opposition attorneys are asking for two and half million dollars. We have now gone into testimony. They have testified and brought three witnesses and they have said _ that they are entitle to over two million dollars. We ! brought three witnesses and our attorneys say that it's worth from seven fifty to a million. This is a settlement =? of that. If we don't settle it the trial for attorneys fees begins on Tuesday. I'm sorry and I don't mean to be critical, but this is an important thing and I know it only got to your desk the day before yesterday. You know that there are some legal ramifications which precludes Lucia from taking a position, because and I have got to say this very carefully now, because it could be used in court. If you follow what I mean. Mr. Plummer: When was the bulk of this work done? Ms. Dougherty: 1981. Mr. Plummer: I heard you make the statement that this averaging out to about two hundred dollars an hours... a 91 6 May 23, 1985 Nis. Dougherty: We have subpoenaed all of their time slips. Not time slips... Mr. Plummer: No, I'm not questioning the time, of course, that's documented, but I'm wondering why we are paying on two hundred dollars an hour which is even a little high for today's standard, why aren't we paying on the standard of 1980 which was about a hundred dollars an hour or settling on that figure? Ms. Dougherty: Well, we... I guess the only way to explain it to you is that the nature of these kinds of cases and in Florida... Let me start back again. In Florida the condemner, the City is going to pay for the attorneys fees of the condemnee in all cases. Even if we won the case we are going to pay for their attorneys fees. Mr. Plummer: I understand that. Ms. Dougherty: Even if they appealed and we win the case we are going to pay for those attorneys fees. So, that's something that's a given by Statute. Mr. Plummer: And that is not set by the judge? Ms. Dougherty: That is set by the judge. The amount of attorneys fees is set by the judge, but the nature of how that trial occurs is the condemnee's lawyer brings in his expert witnesses which in this case they are saying that that property is worth twenty-four million dollars or you paid twenty-four million dollars for it and you owe them 2.5 million dollars. Case after case say it's worth fifteen per cent of the acquisition price. Our lawyers are coming in is and saying well, this is a new loadstar theory and it really is only worth some where between seven hundred fifty and a million dollars. What we are saying to you is that you can't take a chance on a judge splitting it down the middle !{ which is sometimes what they are inclined to do. Mr. Plummer: Well, why does... I don't understand why you equate the value of the property with the attorney fees. He does so many hours of work and he is paid for by the hour. why does... Why do we have to equate the value of the property? Ms. Dougherty: Because that's the way cases appealent judges making decisions in that method. I'm not saying we out to do that and we are not. We are not doing that, bi•.t the court just might. And I might also remind you that two days before the trial of the case, this same law firm came to us and said you can settle this case for twenty-two million dollars, but the Commission at that time decided that we didn't have enough time to discuss it and... Mayor Ferre: Oh, don't remind me. Don't remind me of that. We lost two million dollars and George Knox was involved in that recommended that we settle it immediately and with all due respects to Father Gibson, Father Gibson as I remember said not that we had fought it so far we ought to fight to the end. Well, the end by doing that we ended up... it cost us two million dollars more than we should have and as a consequence... So, that's all hindsight, but the problem in all of this is that we have a city attorney who's judgment has always be adhered to and the times that we didn't adhere to it, like when George Knox recommended that we settle it and we di :_-it do it. We have made a mistake and I would strongly urge that this Commission follow our City Attorney's advice. I heard about this two days ago when I received this memorandum. I have discussed it with her. I have discussed it with the law firm of Frates, Floyd... 91 7 May 23, 1985 whatever their name is ---and I want to tell you that t am absolutely convinced that this is the only thing we can properly do at this time. That's just... apologize also for bringing it to such a late time, but when you have these kinds of negotiations it's always the last minute that people come down to the final bottom line. So, I do apologize. Mr. Plummer: Regardless of the settlement... the amount. Where would the money come from? Ms. Dougherty: I have talked to Mono and the Finance Director and they have both said settle the case we will find the money, even if you have to say to them "we will pay you over time at twelve per cent interest" We can budget for it next year if it's not in this year's budget. They are looking through their pond funds. This property was acquired I believe with Decade Progress Bond funds. So, we are looking there first. Mayor Ferre: Further questions? Mr. Dawkins: Further questions. Number one, is a million six final, total all payments permanently? Ms. Dougherty: For these attorneys fees, yes. 'There is another two... Mr. Dawkins: For the case period. Is this all the money I'm supposed to pay for this? Ms. Dougherty: No, Commissioner, there is the Holiday Inn... Mr. Dawkins: Well, then give me a bottom line figure Madam City Attorney what we are talking about please. Ms. Dougherty: Ok. No more than three hundred thousand dollars more for two different properties... Mr. Dawkins: So, instead of a million three we have gone to two million? Ms. Dougherty: We have got two other claimants here. Two different separate pieces of property. The Holiday Inn and the TNT. We can't include that into this whole situation. Mr. Dawkins: Ok. I'm like Plummer. Where is the money coming from Mr. City Attorney or Mr. City Manager? Mr. Pereira: On a situation like this I guess it's a question of once settle then we will have to look into our resources and try to determine where the dollars are going to come from. We have the look at the possibility of arbitrage on bonds that we have available. We might have to go into our reserves, but we will need a... Mr. Dawkins: Ok. According to the newspapers you have already stated that we are fourteen million dollars short now. So, we add three million dollars more to that. So, now we have got to find seventeen million dollars. Is that correct, sir? Mr. Pereira: Well, the fourteen million dollars was a conversation. There is a figure of a budget problem, but we will come in with a balanced budget. But let me bring to your attention and the City Attorney might correct me that if we get a judgment, you know, regardless we are going to have to come up with the dollars. It's just a question of where we are going to find it. gl 8 May 23, 1985 - - - e Mr. Dawkins: Ok. This is the problem I had with the last City Manager, is where you all found it. You see, I have this problem every time, we have to find it. You either find it in the Recreation Department or you find it in the Sanitation Department. You never find it in the Police Department, you never find it in the Fire Department and you never find it in any of these other places. So, I'm telling you now heretofore under no circumstances can we cut Recreation anymore. We just had two drowning because... Now, I don't know whether it was because the pool was under staff, unsafe. I don't know if we had people running around who could have corrected it and what have you. I don't know. I don't care Mr. Mayor, you know, I can't be careful. See I sit here and tell you people this. I keep telling you over and over that the Sanitation Department and the Recreation Department is understaffed and then when these things happen people say "Oh, don't say nothing because we are liable. The City is liable". You damn right you are liable, because if you had corrected it you wouldn't be liable. Now, where are you going to find the money Mr. Manager? Mr. Pereira: I can give you a clear cut answer here. All I can tell you is it will be equal distribution of the satisfaction when we find it. Mr. Dawkins: Thank you. That's good enough. Ok. As long as I know that we are going to cut it equally and going to _ share equally ar.a that those areas that... No, I don't want it that way. Those areas that haven't been touched before need to be the ones that you identify and you can't cut Police because crime is high. So, now what are we going to { do? And you can't cut Fire because then we are damaging the r safety of the City. So, now you can': cut Police, you can't cut Fire, you can't cut Recreation because we are at bottom level. Sanitation, they are at the bo::tom level. So, now where would it come from sir? Mr. Pereira: Well, as I said to you, you know, we focus immediately on those... on the departments. There might be arbitrage available from bonds which is one of the suggests that the budget director has given us. We will have to take a look at our reserves. i Mr. Dawkins: Ok, what were the bonds sold for Mr. Manager? When we sold the bonds we sold them to do what with them? Mr. Pereira: Well, I don't know which particular bonds you are talking about, but every bonds that we sell and money... you can the money and it means that we gain interest as it's sitting there in those programs and those dollars are not expended. Those are dollars that are in our coffers and that we have the flexibilitto come back to you where ever we are going... Whatever monies we are going to use we are going to have to come back to you and say we aje paying it out of this particular fund. Mr. Dawkins: The only thing I want you and I to understand is... I hear you loud and clear. Ok. I understand everything that you are saying. I also know that when you come back you are going to tell me that if we don't pass a balance budget we are going to lose State funds, Federal funds and etc. So, all I'm saying to you Mr. Manager, is long before the budget hearing I should know where you are going to get this money from. I should know how you are going to balance your budget and you and I should be in cooperation with what we are doing. That's all I'm saying to you. 9� 9 May 23, 1985 Mr. Pereira: Ok. Mr. Dawkins: No, further questions Mr. Mayor. Mayor Ferre: The issue before us at this moment is do we settle this for a million three hundred thousand or do we go to battle tuesday against our City Attorney's advice and take the chance that we can win it and do it for less than a million three or that it's going to cost us more than a million three as she thinks is probable and I concur with that opinion. So, what's the will of the Commission? Or you want me to be the one that bite the bullet? Mr. Dawkins: I don't think it's a matter of... if five of us vote for it, all five of us bit the bullet. I mean, It doesn't matter which one of us......... Mayor Ferre: So, who wants to make the motion one way or the other? Mr. Plummer.: I will make the motion? Mr. Dawkins: I will second the motion. Mr. Plummer: We got no choice. Mayor Ferre: Make your motion Plummer. The motion is that we follow the City Attorney's recommendation and settle it for the proposed amount. Seconded by Dawkins, is there further discussion? Mr. Dawkins: Under discussion. This million six, million two as the Mayor is not a matter of who is right or who is wrong and even if we go to court we have a difficulty finding three million dollars now and I'm quite sure if we go to court and have to find more Mr. Mayor, we would have much more difficulty attempting to find it. So, I agree with you. We should do this now. Mr. Carollo: What you are saying Cuc<<missioner is to approve the amount that the City Attorney has recommended? I think we really have no choice in that. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-526 A RESOLUTION AUTHORIZING AND APPROVING THE STIPULATION ON BEHALF OF THE CITY IN CIRCUIT COURT CASE NO. 77-24730, THE EMINENT DOMAIN PROCEEDINGS AGAINST THE FLORIDA EAST COAST RAILWAY COMPANY, WHEREBY THE CITY SHALL PAY THE SUM OF $700,000 TO THE LAW FIRM OF SHUTTS AND BOWEN, THE SUM OF $600,00 TO THE LAW FIRM OF BRIGHAM, MOORS, MUIR, GAYLORD, SCHUSTER AND SACHS, AND THE SUM OF $282,000 TO THE FLORIDA EAST COAST RAILWAY COMPANY, ALL IN SUBSTANTIAL ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE ATTACHED PROPOSED CONSENT SUPPLEMENTAL FINAL JUDGMENT AWARDING COSTS AND ATTORNEY'S FEES AS TO THE DEFENDANT, FLORIDA EAST COAST RAILWAY COMPANY. gl 1.0 May 23, 1985 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawki.fis, the resolution was passed and adopted by the following Vote i AYES.- Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ 6. RENEW CONTRACT WITH THE FIRM OF AIDA LEVITAN AND ASSOCS. (F-'85-'86)-PUBLIC RELATIONS/MARKETING PROFESSIONAL SERVICES. Mayor Ferre: We have a request here by Bobbie Mumford and Aida Levitan who have tc,... Bobbie Mumford has to be out of the City this afternoor, and she has requested due to that that she be taken out of turn. Does anybody have any objection to that? Mr. Carollo: None whatsoever Mr. Mayor. Mayor Ferre: All right.. Ms. Bobbie Mumford: Good morning Mr. Mayor, Commissioners, thank you. on behalf of Aida Levitan Associations and Martin Seller, Inc. Public Relations Firm. We would like to ask you to renew our contract to provide tours of the City of Miami for national and international journalists. Last year was the f i rst year that Aida and I in a joint venture conducted these tours and they were centered around three main events. The InterAmerican Congress of Municipalities, the Sun Street Festival and the Ministers of Health Convention here. We are asking thin, year to do the very same thing. With this particular project we generated over ninety articles, even though the contract called for sixty articles which netted the City in publicity and advertising some half million dollars. We feel that this is signi:icant because it didn't appear in an advertisement on an advertised page, it was a personal experience of persons from Japan the Far East, Europe here in the United States that came and we ask you if you would refund the project. Mayor Ferre: Thank you. Mr. Manager, can wc have your recommendation on this? Mr. Pereira: Yes, sir. Mayor Ferre: What -does that mean? Did you recommend it? Mr. Pereira: Mayor Ferre: Ok. Is there a motion? Mr. Carollo: I so move. Mayor Ferre: Is there a second? (BACKGROUND COMMENT^ INAUDIBLE)• gl 11 May 23, 1985 Mayor Ferre: All right, thank you. It's been moved &nd seconded, further discussion? Call the roll please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 85-527 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO RENEW THE CONTRACT WITH "AIDA LEVITAN & ASSOCIATES, INC." AT A COST OF $40,000 PER YEAR, WHICH CONTRACT SHALL INCLUDE THE CONDUCT OF THREE (3) TOURS OF NATIONAL AND INTERNATIONAL JOURNALISTS, "MIAMI- A NEW WORLD CENTER 1985-86", WhIC'H SHALL BRING PROMINENT JOURNALISTS FROM THE U.S. AND ABROAD. Upon being seconded by Commissioner Dawkins, the Motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ 7. ACCEPT REPORT FROM CITY ATTORNEY ON WRITTEN APOLOGY RECEIVED FROM CITY OF SANTA MONICA RE WESTON HILL CASE - DIRECT CITY ATTORNEY NOT TO INSTITUTE LAW SUIT AGAINST CITY OF SANTA MONICA. Mayor Ferre: We now have a request from the City Attorney on the Santa Monica. Would you explain to me what that's all about now? I mean, I know what it's about, but what is it we need to do legally that we have not done? Ms. Dougherty: Mr. Mayor, as you know, you directed me to file a lawsuit again the City of Santa Monica on the one trying to seek an injunction and secondly, on damages for their sending Weston Hill to the City of Miami. Mayor Ferre: But I see that Judge Mapp has already made a decision. Ms. Dougherty: Well, he hasn't exactly made a decision, but I can tell you that both the Public Defender's Office and the State Attorney's Office in concert with officials out in California are planning on sending him back. In light of that the City Attorney of Santa Monica has called me and asked me if I would be willing to recommend to you and I agreed to, to settle the case on the basis of an apology, an official apology to the City of Miami and also an agreement... Mayor Ferre: By whom? Because I want that apology both by the perpetrator who was the Police Chief and the Mayor and Council of Santa Monica. Ms. Dougherty: I think that it would have been authorized by the whole Commission for the City Attorney to send us such a letter. That's what was intended. gl 12 May 23, 1985 N f Mayor Ferre: No, I want that the Mayor and the Commission only apologize, but publicly to do that again. to be done publicly. I want to pass a resolution and not state that they are not going Ms. Dougherty: No, it would be authorized publicly. They said that they would sign such an agreement never to do it again and on that basis I would recommend that we accept that. Mayor Ferre: Let me tell you what this is all about so we understand each other. All right. This is not the first time that this has happened to South Florida. I might point out that and I don't think its hit press and I don't know why, but about a week or two ago there was somebody picked up in Miami Beach were somebody in Kentucky... did that hit the press... some judge in Kentucky did the same thing. He went out and bought a ticket for some guy who had a record and got him on an airplane and sent him down to Fort Lauderdale and he ended up in Miami Beach. After the Mariel situation in the 1980 there are documented at least three or four cases of criminal activities of Mariels in other American cities where the criminal was put on a plane paid for by the local jurisdiction and sent to Miami. Now, the reason why we took on this lawsuit with Sang Monica is not to get Mr. Hill back to California, but rather to make a major issue, because if the City of Miami doesn't stand up and Fort Lauderdale and Miami Beach and the State of Florida forever that pattern is established as an acceptable way of dealing with criminal elements in Buffalo, Cleveland, Santa Monica, Kentucky and what have you, we will have in this town thousands of panhandlers and criminals and people with records being shipped down here and bus fares and airplane fares being paid and we just simply cannot accept that. Now, are you saying that you think we should accept this formal apology and not pursue this legally anymore? Ms. Dougherty: Yes, sir Mr. Mayor. Well, the reason I think so is because I think that if we pursued it legally I think our best chances in court would be to get an injunction against the City of Santa Monica. They have agreed to do that voluntarily so. It would be a useless act essentially. Mayor Ferre: Well, would it be a useless act, Lucia? Or wouldn't we be setting an example that we will prosecute others if they pursue these type of things? Ms. Dougherty: Well, of course, that's a pol_cy decision Mr. Mayor, but you may have the same result when you have the Police Chief of Santa Monica and their legislative body apologizing to the City and the citizens of the City of Miami. Mayor Ferre: Well, what is the will... j Mr. Carollo: Well, Mr. Mayor, I think that we would have j achieved our goals, at least the back bone of our goals if we do get an apology in a formal resolution from their Commission and from their Police Chief individually. -- Mayor Ferre: Do you need a motion? Ms. Dougherty: Yes, sir Mr. Mayor. Mayor Ferre: All right, is there such a motion? Mr. Carollo: I so move Mr. Mayor. _ J gl 13 May 23, 1985 t W Mayor Ferre: Any body else... Mr. Plummer: Second. Mayor Ferre: ... have any different ideals. All right, call the roll on the motion on the Santa Monica case. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 85-528 A MOTION OF THE CITY COMMISSION a ACCEPTING IN PRINCIPLE THE APOLOGY FROM THE CITY OF SANTA MONICA IN CONNECTION WITH AN ACTION TAKEN BY THEM WHEREBY WESTON HILL, A DEMENTED AND DANGEROUS CRIMINAL, WAS PUT ON A PLANE WITH A ONE- WAY TICKET TO MIAMI; FURTHER DIRECTING THE CITY ATTORNEY TO STOP PROCEEDINGS TO INSTITUTE LEGAL ACTION AGAINST SAID CITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. is ABSENT: None. j-------- - - - - - - - - - -- -- - - - ---- -- -- ---- -- --- ---- --------------- 8. APPROVE EXECUTION OF AGREEMENT WITH U.S. DEPT. OF HOUSING & URBAN DEVELOPMENT FOR A U.D.A.G. FOR c REDEVELOPMEN�D OF BAYFRONT PARK. ------------------------------------------------------------ i Mayor Ferre: We have the UDAG grant at Bayfront Park Mr. Manager. That needs to be evidently discussed legally. What's the problem? Ms. Dougherty: Yes, sir Mr. Mayor. As you recall you have previously approved a UDAG agreement with the Federal Government of the six million dollars for the redevelopment of Bayfront Park. We have... the Federal Government required us to make certain amendments to that contract which is before you and we had asked for you to approve it. � Essentially the those amendments are restrictions on how we can use the revenue from the Rouse Company when the project is completed. Mayor Ferre: And so what kind of action do you need from us? Ms. Dougherty: We need you to approve this contract and it needs to be signed by May 31st. It's before you. Mr. Plummer: Well, how much restrictions are they placing on the revenue? Ms. Dougherty: They are placing it... the revenue cannot be spent on any capital project, but instead it must be spent on title one eligible projects. I g1 14 May 23, 1985 t W. Mayor Ferre: Would you tell us more rit less what they are, what title one projects are? Ms. Dougherty: I would really have to ask for the assistance of Frank Castaneda. Mayor Ferre: Would Frank Castaneda step to the microphone. Mr. Plummer: That's all revenues the City receives? Mr. Pereira: That's what is called "program income" which is generated now...... i Mayor Ferre: Well, that's not going to be a problem for the first five or six years. But beyond that it's going to be a very substantial amount of money. Mr. Pereira: It could and it could not because I have enter into extensively debate federal HUD as to their definition of what program income could be utilized for and even though they do have those restrictions and they use the guidelines for title one they are flexible enough that when the time comes you sit down and say look this fits into your guidelines, but Frank, may be you want to go and walk through some examples of what and what cannot be utilized. Mr. Castaneda: We have had extensive conversations with HUD on this particular issue. One thing that we were able to convince HUD is that this income will be separated from the { Community Development Block Grant Program. So, that means that when you receive the income that does not affect our drawn down under Community Development. So, that they are two separate issues. Mayor Ferre: Now, answer the question. t ?i Mr. Castaneda: Now, what can it be used for? The basic issue is that it can used for any activity that aids low and moderate income people or prevents or eliminates slum and blight. I would say that the biggest problem would be if you want to use this fund building an administration building I believe. Mayor Ferre: Forget that. Could we build for example, an extension to Bayside? Mr. Castaneda: Yes, that would considered... Mayor Ferre: Could we build an extension... could we build another amphitheater? If we want an amphitheater or a theatre on the other side of the garage could we... Mr. Castaneda: No, problem. Mayor Ferre: Could we use it for recreational activities in Virginia Key for example? Mr. Castaneda: Yes, sir. Mayor Ferre: Celebration of the five hundredth anniversary of the discovery of America by Columbus in 1992? Mr. Castaneda: Yes, sir. The biggest restrictions would be administration buildings, general, fire/police, City... Mayor Ferre: General fund. Mr. Castaneda: General fund type activities. gl 15 May 23, 1985 #1 9'. Mr, Plummer: is that just for the life of how long! Mg. Castaneda: For the life of the lease. Mr. Plummer: And just give me an example, in the tenth year of Bayside, what is the proposed revenue to the City? Mr. Castaneda: I believe it's a million dollars. Mayor Ferre: How much? Mr. Castaneda: After the fifth year is one million dollars and it keeps going up... Mayor Ferre: For the first ten years it's not going to make much of difference J. L., but fifteen twenty years from now we will be getting four or five million dollars. Mr. Plummer: So, that's the... you know, it was reported that that was going to be given to the City for general fund purposes basically. Mayor Ferre: No. Mr. Plummer: Well, but wait a minute now. Are you saying that if this thing does generate like fifty million dollars and they are only loaning us six million dollars that we are restricting our fifty million dollars for the life time of _ that project? Mayor Ferre: Yes, that's right. Mr. Plummer: Are we smart to do that? Mr. Castaneda: Well, let me just say something. Mayor Ferre: Give me an alternative. ` Mr. Plummer: Well, the alternative is that we float a bond bond for six million dollars instead of taking it from the - federal government and what we are saying is that in the twelfth year that bond is paid off and from then on we can use it for the general fund rather than restrict it. Mayor Ferre: Well, that brings up another question and that is suppose five or ten years from now we decide to pay them back, would we then be relieved of this? Mr. Castaneda: Sure. That would be a true statement, but something that you should keep in mind... Mayor Ferre: Wait a minute, let's get the City Attorney. Madam City Attorney you heard the question and it's a heavy duty legal question. So, I don't want his answer. I want your answ%r. z Ms. Dougherty: I'm sorry. I was talking to Commissioner Plummer. Mayor Ferre: If -we pay the six million dollars off ten years from now or 'five years for now if we follow Plummer's advice and we put this on a bond issue and somehow or whatever monies we come up with the money to pay them off, the UDAG, then would we be relieve of the restrictions? i Ms. Dougherty: I don't believe so. Mayor Ferre: Well, that's different from what Frank ` ,J Castaneda said. So,... gl 16 May 23, 1985 Mr. Castaneda: I would say that if you would repay the Money to UDAG you would in effect cancel the contract with -_-- them. Mayor Ferre: That's a key question because if what he says is so, that by paying them we would cancel the contract then _ we achieve what J. L. Plummer is talking about and that is some time in the future we would pay off that six million dollars and be relieved of it. Mr. Plummer: Mr. Mayor, I like yourself, I think recalled when Mr. Weaver stood up here that he said that in twenty years, I think it was or twenty-five years this revenue generated to the City should equate itself to about a hundred fifty million dollars. Whether that's true or not it's a lot more than six. Mayor Ferre: J. L., the other side of it is this and I say this with all. due respects to us and our future colleagues or the people that come after us. What this does and I'm not too sure that it's all bad is it keeps this and future Commissions from using this money to support the general fund. Now, that's not such a bad idea. I'm not too upset with the idea that it can only be used for those purposes as outlined under title one. That seems to be very broad. We can do an awful lot of things, excuse me, including recreational things, parks, physical development, other cultural activities, other things that would relieve poverty areas or blighted areas. That includes streets I'm sure, parking garages. It includes other theatre, other specialty centers. There is an awful lot. of things we can do. I'm not too sure that this money ought to go towards the Police and Fire Department, Park and Recreation and the other general services of the City of Miami. Mr. Plummer: Well, my concern is the fact that is seems obvious to me that the tail is wagging the dog. Mayor Ferre: Yes, but see the other question that must be answered is today is the 23rd of May. We have got to be under construction by the end of this month which is eight days away. If we don't pass this today that UDAG is gone. Now, — Mr. Mayor Ferre: J. L., hey you know and I know that most of these things once you get the money in they are not going to ask you for the money back. Mr. Pereira: You know, what we agreed and my experience with this grant is that we... the grants must generate "X" number of jobs so on and so forth and that they are monitored by HUD and if we do not reach the... if you don't reach the goal doesn't mean they come back and take the money. There is certainly always an explanation why, you know, we have not, you know, goals have not been reached. It's not the kind of thing that HUD, you know, goes and monitors. Now, with this project, there is no question in my mind, is going to generate jobs and the figure that is there, I am sure that is the figure that has been, you know, worked out on a rational basis and it is achievable and is a doable figure, but it is not something that HUD comes and monitors on a daily basis and if you don't achieve it, they say give us our money back. gl 17 May 230 1985 106 # V. Mg. Castenada: Commissioner Plummer, on that issue there Will also be a signed agreement between the City and Rouse ih which Rouse will state that. Mr. Plummer: Yes, but, Rouse's name is not on the hook for this. We are. Mr. Castaneda: But there is also a signed agreement based on this agreement with Rouse. Mayor Ferre: Mr. Manager, do you recommend this? Mr. Pereida: Yes, sir. At this time I do, and I feel ... i Mayor Ferre: Madam City Attorney, do you ... I'm sorry, go ahead. I didn't mean to cut you off. Mr. Pereida: That is okay. I am through. Mrs. Dougherty: Yes, sir, Mr. Mayor. Mr. Dawkins: Yes, coming back to what J. L. said, is there any way that we can lock into the revenue for the City, because like I just told the Manager a few minuteE, ago, revenue is becoming hard to come by. Nobody wants their taxes raised, and we can find a way to get money into the General Fund without raising taxes, there is no better time than now to start. Mayor Ferre: You have of to wait for a democratic Y g administration. Mr. Pereira: We are ... Mr. Plummer: What is the total amount of space under lease to Bayside? Mr. Gilchrist: I am sorry ... the acreage, or the ...? It is about twenty acres. Mr. Plummer: Are you aware that twenty acres of this, that you are signing a thing that says the project site, 110 acres? _ Mr. Gilchrist: Well, the reason it is stated that way sir, is because these monies are not going to be used in any way for Bayside. They are only to be used in Bayfront Park. Bayside gets no revenue from this grant. Therefore, the project site is Bayfront Park. Mr. Plummer: Yes, but still, the jobs are dependent upon Bayside. Mr. Gilchrist: Yes, sir. That is further defined as the 4 Mr. Plummer: Has Bayside ... Mayor Ferre: J. L.4 you know what they are doing. They tie you up one way and down the other and then ... Mr. Plummer: Well, but wait a minute. We might not be smart to take it. We might be making a serious mistake taking the thing. Has Bayside agreed to assume the responsibility of guaranteeing these jobs? Mr. Gilchrist: That is their numbers, sir. They have guaranteed those ... ld 18 May 23, 1985 Mr. Plummer: Do we have something in writing from them that they guarantee this? Mr. Gilchrist: We are going to have a tri-part agreement which is between the City and Bayside, to include those numbers and it is also incorporated as part of the UDAG documents. it is evidentiary materials that we have to supply to UDAG. Mayor Ferre: all right, is there any further discussion? Is there a motion that we proceed with accepting this UDAG grant from the Reagan Administration? Mr. Carollo: So moved - from the Reagan Administration. Mayor Ferre: Is there a second. i Mr. Dawkins: I second from the Carter Administration. Mayor Ferre: We will get it modified some day in the future _ when we have a good Democratic Administration back in the White House and in the meantime, we have got to live with all of these Republican restrictions. Are we ready to vote? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: _ RESOLUTION NO. 85-529 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY A GRANT AGREEMENT, WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR AN URBAN DEVELOPMENT ACTION GRANT (UDAG), WHICH WILL PROVIDE i THE CITY OF MIA.M1 WITH $6, 012, 854. 00 FCR REDEVELOPMENT OF BAYFRJNT PARK; FURTHER ` AUTHORIZING THE CITY MANAGER TO ACCEPT = THE URBAN DEVELOPMENT ACTION GRANT. Here follows body of resolution, omitted here and on file in the Oifice of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resoution was passed and adopted by the following vote- AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ' Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ON ROLL CALL: Mr. Carollo: While•I vote "yes" I would like the Mayor to remember those words come November, election time. i Mr. Plummer: It is a damn poor way to run an airline, but I guess I have got to vote "yes". Id 19 May 23, 1985 �L- .r-------------------------------------------------------- - BRIEF DISCUSSION re APPOINTMENT OF MEMBERS TO CERTIFICA- TION COMMITTEE IN THE 'BRICKELL PROMENADE"' PROJECT. (See later this same meeting - Label #63). ------------------------------------------------------------ Mayor Ferre: Now, I have two other things that the City Attorney has asked me. Lucia, you are going to have to explain this. it is a resolution amending, and this is appointing three individuals to serve upon a certification committee to review the consultant qualifications to provide design services to Brickell Promenade Project and the appointment that the Manager has made is Jack Luft, William Mackey and Juanita Shearer. Why is this as a pocket item? Mrs. Dougherty: It was on the last agenda and it got passed with the names left out. Mr. Plummer: Can I ask you a question? All three of those people are in-house. Why don't we have some people from the - private sector on some of those committees? The midget mentality thinking of City Hall sometimes .... (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: I understand, but why not have some people from the outside sector for input? You don't have to pay 3 _ them. I am sure there would be a lot of people would like _ to volunteer to that kind of work. Mr. Pereira: Is there any restrictions why ... Mr. Clark: No, the requirement is that they be professionals. �i Mr. Plummer: Well, there are plenty of professionals in this townl Mr. Pereira: I have no objections, really. Mr. Dawkins: Move that it be continued. ------------------------------------------------------------ 10. AUTHORIZE EXPENDITURE FOR REPAIR OF PAVING IN MARINE STADIUM BOAT PIT AREA - BILL MARINE STADIUM ENTERPRISES, INC. Mr. Plummer: Mr. Mayor, my pocket item, my first one is, I have to ask for a resolution that has been passed out to you - to have the paving done in the Marine Stadium by the City and they will be reimbursed by Mr. Hancock, the Lessee, and I need to get this done on an emergency basis because the race is in two weeks, and it comes with the recommendation of the Manager, and I so move. Mr. Dawkins: Second. Mr. Plummer: I am sorry, Mr. Mayor. I thought they were passed down here. Also for the information of the record, Mr. Mayor, I have volunteered you and all the rest of the members in this Commission to participate in the jet -ski race between the Press and the politicians, which is on jet - skis. That is on Saturday at high noon. We have a very special race put together between Carollo and Ferre. Id 20 May 23, 1985 0 W Mayor Ferrel will be doing my own racing in the Dominican Republic, sb.0 will represent me, if you would# as the senior membiI Mr. Carolloia:00 o'clock high, right? Mr. Flummer(es, high noon. Mayor Ferro As the senior member of this Commission* Plummer, yoi► Mr. Plummerl am the Chairman of the race. I am sorry, 1 can't do it!. Mayor. Mayor FerreAll right, is there a motion on Plummer's ... Mr. DawkinsN-oved. Mayor Ferrels there a second? Mr. Plummer�econd. Mayor Ferri Plummer seconds. Further discussion? Call the roll. The fwing resolution was introduced by Commissioner Dawkins, w1oved its adoption: RESOLUTION NO. 85-530 )SOLUTION AUTHORIZING THE EXPENDITURE ft4 AMOUNT NOT TO EXCEED $8,000 FROM tlS AVAILABLE IN THE MARINE STADIUM $RPRISE FUND FOR THE PURPOSE OF !�I RING PAVING IN THE MARINE STADIUM I! PIT AREA LOCATED INSIDE OF PROPERTY eE D TO MARINE STADIUM ENTERPRISES, "s WITH SAID REPAIR COST TO BE ps CED TO MARINE STADIUM ENTERPRISES, 10 IN TWO EQUAL INSTALLMENTS DUE r£MBER 1, 1985 AND FEBRUARY 1, 1986. re follows body of resolution, tted here and on file in the Office t-he City Clerk.) Upon 1ing seconded by Commissioner Plummer, resolution$ passed and adopted by the following vote- AYES: NOES: Ipissioner Demetrio Perez, Jr. Inissioner Miller J. Dawkins lmissioner J. L. Plummer, Jr. ie-Mayor Joe Carollo for Maurice A. Ferre le . ABSENT; 1e . the Mr. Carol J. Leo you can send me my trophy, because I won by deli - Id 21 May 23, 1985 0 0 ------------------------------------------------------- 1�. ALLOCATE $6,000 TO HELP DEFRAY COST OF TRANSPORTATION OF OKIAMI SENIOR HIGH MARCHING/CONCERT HANDS' TO ATTEND INTERNATIONAL FESTIVAL IN MEXICO CITY. 1 i►------ --- ----------------- --------_------------- Mr. Plummer: Mr. Mayor, we have a request here that was presented to me this morning by the Miami Senior High School Band who have been asked to participate by the Mexican Government at the Fifteenth Annual Mexican Invitational Band Festival, representing the State of Florida and the City of Miami. They would like help in the tune of $6,000 so that they can go to Mexico and participate in this program. It comes with the recommendation of the Manager. Mr. Carollo: When are they supposed to go there, J. L.? Mr. Pereira: They are supposed to leave today. They came to us last week. They have raises ... the total cost of the trip is $39,000. They have raised all but $6,000. Mr. Carollo: All right, as former alutani, together with J. L., I will ... Mr. Plummer: If there is no conflict of interest being a former alumni and a member of the band at Miami High, I so i move it. f Mr. Carollo: So you were a member of the band too? Mr. Plummer: Three years. Mr. Carollo: All right. You didn't play football or baseball? Mr. Plummer: Played anything I could get my hands onl Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-531 A MOTION GRANTING A REQUEST FOR FUNDS MADE BY THE MIAMI SENIOR HIGH SCHOOL MARCHING AND CONCERT BANDS AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $6,000 TO PARTIALLY DEFRAY THE COST OF BAND MEMBERS TO PARTICIPATE IN THE INTERNATIONAL INVITATIONAL FESTIVAL TO BE HELD IN MEXICO CITY, MAY 23-26, 1985. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: NOES: Commissioner Demetrin Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre None. 0 W ..:_---------------------------------------------- -- BRIEF COMMENTS IN CONNECTION WITH BASEBALL GAME HELD BETWEEN CITY -OF HIALEAH AND CITY OF MIAMI. ------------------------------------------------------------ Mr. Plummer: Mr. Mayor, my final (pocket item) is that I hope that this Commission will take and put forth a very strongly worded protest to City of Hialeah that last Saturday at Jose Marti. Park, they showed up with all of the shills that were so-called amateur baseball - softball players. They were actually professionals, and I think the worst thing that they did to the City of Miami besides beating us 19 to 6, was that they put a spy who replaced me as the pitcher, and for the record, during my pitching three innings, there were homeruns and no wal}.s and when the relief pitcher came in, immediately two balls went up on I- 95. There were seventeen walks and the score went bananasl I think we should send a strongly worded protest to the City of Hialeah that we demand a rematch that all players have to be qualified as dopes, no shills and if we challenge them in Hialeah next year, would they be the host? Mr. Carollo: I think that we have to challenge them to football next, Commissioner. Mr. Plummer: God forbid, Joel We got beat bad enough ... Mayor Ferre: Furthermore, it will not be touch football and I relinquish my position to Joe Carollo. Mr. Plummer: And let the record reflect that I am not burying any of you for free! s Mayor Ferre: And Plummer will be running back! �j a Mr. Carollo: My stand picks the team this time, Mr. Mayor. a ------------------------------------------------------------ 13. SUPPORT PASSAGE OF PROPOSED STATE SENATE BILL 92 CONCERNING REQUIREMENT FOR A DEPOSIT ON BEVERAGE CONTAINERS AND BOTTLES TO ASSIST IN KEEPIUG A CLEANER ENVIRONMENT. Mr. Perez: M.. Mayor, I have one pocket item supporting a resolution - that is a bill that is in the Senate at this time in reference to the deposit on beverage containers. The resolution supports passage of proposed State Senate Bill 92 in the Florida Legislature concerning the requirement for a deposit on beverage containers in order to assist the City Manager in maintaining a clean environment, further directing the City Clerk to forward a copy of this resolution to the officials named herein. Mayor Ferre: There is a motion. Is there a second? Mr. Carollo: Mr. Mayor, I will second it for the purposes of discussion. Mr. Mayor, for the purposes of discussion, I can't vote along on an item that is going to mean extra dollars to the consumers that are going to have to pay. Those individuals that would throw out an aluminum can, or a non-refundable bottle in the streets, another four cents or a nickel is not going to make a difference to them or a dime in throwing a container out the door that is worth it. I think the only thing it is going to do is it is going to increase the price for the vast majority of consumers that you know abide by the law and keep our environment clean. j! 1 ld 23 May 23, 1985 Mayor Ferret There is a (notion and a second. Do you want to ... I will tell your I have lived on my vacations in Vermont where there is such a law in existence. The difference in cleanliness between Vermont and Miami is just outstanding. You never see bottles on the side of roads, f parking lots, or in the grass and it is something that really is in effect in a dozen states of this Union. All ' the people that cried ... you know, the consumers are not affected, because all they have got to do is make sure that they take their bottles and cans back to the store and get reimbursed. Mr. Carollo: That is not so, Mr. Mayor. There is going to be extra cost in the manufacturing of these bottles, and so on and so on, that will mean extra cost to the consumer. Mayor Ferre: Well, that is a longly debated thing. You know, we all have our opinions. I will. be voting with it. We don't make the decisions. It is made by the Legislature. Mr. Perez: I understand that argument, but I think that if we compare anyhow, it would be reimbursable to the consumer, to the people, and if we compare the cost of keeping the City clean, I don't think it will make too much difference. Mr. Carollo: Well, I will be in favor of sending the majority opinion to the Legislature if we will include a minority opinion to go along with it. i Mayor Ferre: We always have that right to do that. All right, further discussion on this motion? Mr. Carollo: I withdraw my second. Mayor Ferre: All right. The motion stands now. Is there a second to the motion? Is there a second to the motion. The traditional objection is - those that are opposed to it say it will cost more. Commissioner Carollo offered one version. Let me give you another version that he didn't offer, and that is that the store keeper will have to maintain places in his store all these empty cans and bottles and therefore, that will be additional expense to the store keeper and that expense is passed on to the consumer. The fact is, that Coca Cola and beer don't cost anymore in Vermont than they cost in Miami, and I don't think the consumer is really burdened by it. The big difference is, that there is a significant cleanliness factor. In the first place, we don't make the decision. The Florida Senate and Legislature ... Mr. Plummer: I second the motion. All right, further Y, discussion? Call the roll with a minority report included and those who vote "no" can send their minority report. 4 The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 85-532 A RESOLUTION SUPPORTING PASSAGE OF PROPOSED STATE SENATE BILL 92 (SB 92) IN THE FLORIDA LEGISLATURE CONCERNING THE REQUIREMENT FOR A DEPOSIT ON BEVERAGE CONTAINERS AND BOTTLES IN ORDER TO ASSIST THE CITY IN MAINTAINING A CLEANER ENVIRONMENT; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. id 24 May 23, 1985 l (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the tObolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: Vice -Mayor Joe Carollo ABSENT: None i i ------------------------------------------------------------ 14. EXPRESS COMMISSION'S SUPPORT OF PRESIDENT REAGAN'S DECISION To BEGIN RADIO KA.RTI TRANSMISSIONS. ------------------------------------------------------------- Mr. Perez: I have a resolution in support of President Reagan's decision to begin Radio Marti transmissions ... (AT THIS POINT Commissioner Perez reads resolution into the record) Mayor Ferre: Is there a second? Mr. Plummer: Second. C, Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 85-533 A RESOLUTION EXPRESSING SUPPORT OF PRESIDENT REAGAN'S DECISION TO BEGIN RADIO MARTI'S TRANSMISSION AS A VEHICLE OF LIBERTY TO GIVE THE OPPRESSED CUBAN PEOPLE AN IDEA AND UNDERSTANDING OF WHAT IS HAPPENING IN THE uUTSIDE WORLD FREE OF TOTALITARIAN COMMUNIST RULE; ALSO OFFERING THE SUPPORT OF THE CITY COMMISSION TO THE EXECUTIVE COMMITTEE OF RADIO MARTI WHICH IS PRESIDED OVER BY Mr. JORGE MAS CANOSA; EXPRESSING GRATITUDE FOR THE EFFORTS OF THE MEMBERS OF THE UNITED STATES CONGRESS WHO MADE THE OPERATION OF RADIO MARTI POSSIBLE; FURTHER DELL :'ZING SUPPORT FOR RADIO MARTI AS ITS BROADCASTS PENETRATE THE BARRIER OF SILENCE IMPOSED BY THE GOVERNMENT OF FIDEL CASTRO, CARRYING OVER ITS AIRWAYS THE MESSAGE OF TRUTH AND LIBERTY TO THE CAPTIVE CUBAN PEOPLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Id 25 May 23, 1985 6 4 Mayor Maurice A. Peffe NOSS: None. Au9$NT: None. 4&----.------.--------------.---------------------------------.-ar 15. AMEND RESOLUTION WHICH ALLOCATED MONIES FOR THE INTER- AMERICAN CONGRESS OF !MUNICIPALITIES BY CHANGING THE DATE ON WH I CH EVENT WILL, BE HELD. Mr. Perez: Mr.. Mayor, as you remember, we approved a i resolution 84-632 allocating the sum of $75,000 for the Inter -American Annual Convention of Municipalities. Mayor Ferre: Inter -American ... Mr. Perez: Annual Convention of Municipalities. At that time ... it was already approved - the date was about ... Mr. Carollo: When did we approve that for this fiscal year? Mr. Perez: December 23, 1984. It was about six months ago, we already approved that, but the resolution that we approved, the date was for April 17 - 20, and they now they want to change to October 3rd through 6th of this year, 1985. Mr. Carollo: This is for the Inter -American ... Mr. Perez: Yes, that is the same Congress, but the only difference is that the resolution that we approved on i December of last year was April and we wanted only to change • the date. Mr. Carollo: Okay, this is not for the Inter -American Chamber - it is for the Inter -American Municipalities. Mr. Perez: No, no - Congress of Municipalities. Mr. Carollo: OK, This the one you preside over. Mr. Perez: The only thing is to change the date - not the amount, or anything else, only to change the date. Do you have any objections? Mayor Ferre: I don't think we need a resolution for that. Mr. Perez: Yes, I think that the ... Mayor Ferre: We need a resolution to change the date? Mr. Pereira: Yes, you do. Mayor Ferre: You do. All right, is there a motion to change the dates? Mr. Carollo: There*is a motion to change the date. Mayor Ferre: All right, it has been moved, is there a second? Mr. Dawkins: Second. Mayor Ferre: There is a second. t Mr. Carollo: Commissioner, for the record, if you could state approximately how many cities throughout Latin America are going to be represented at this Congress? Mr. Perez: Last year, a report after the Congress, we had participation of 360 delegates for 200 municipalities, for { about 20 different countries. I think you were in the opening ceremonies you was part of that one, and I think this year we plan to exceed the amount of the previous years - all the information all the details for the members of the Commission and it is open to any suggestions and anything that they want to ask us. Mayor Ferre: All right, the motion on changing dates. It has been moved by Dawkins. Is there a second? Mr. Dawkins: I seconded itl Mr. Carollo: I made a motion. Dawkins seconded it. Mayor Ferre: Joe made the motion. Miller seconded it. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-534 A RESOLUTION AMENDING RESOLUTION NO. 84- 632 WHICH ALLOCATED A SUM NOT TO EXCEED $75,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, TO THE INTER AMERICAN ANNUAL CONVENTION OF MUNICIPALITIES, INC., IN CONNECTION WITH THE III INTERAMERICAN CONGRESS OF MUNICIPALITIES TO BE HELD IN MIAMI APRIL 17-20, 1985; FURTHER ALLOCATING SAID MONIES FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-2- 84, DATED JANUARY 24, 1984, BY AMENDING THE FIRST WHEREAS CLAUSE AND SECTION 2 OF SAID RESOLUTION, THEREBY CHANGING THE DATE OF THE EVENT FROM APRIL 17-20, 198-5 TO OCTOBER 3-5, 1985. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1d 27 May 23, 1985 _--------------------------------------------------------- 16.INSTRUCT CITY ATTORNEY TO REVIEW AND REPORT ON COMPLAINTS RECEIVED re AL:I,EGED MISHANDLING OF PACKAGES SENT TO CUBA BY CERTAIN EXPORT AGENCIES. ------------------------------------------------------------ Mr. Perez: Okay, about two days ago, we had a lot of complains from people about the agencies who send the packages to Cuba. They have some information about 150 Cuban exiles in the courtroom demanding justice from a company they claimed charged them thousands of dollars to send packages that. were never delivered to loved ones in Cuba. Do you remember several months ago we approved Ordinance 9595 that after in court, we lose that case, and at this time I would 1.0-,,e to move to instruct the City Attorney to study and i.D,m a recommendation to this Commission in order to protect the interests of a lot of people of this community who have dealt with this kind of a Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. 85-535 A MOTION INSTRUCTING THE CITY ATTORNEY TO INVESTIGATE AND REVIEW REPORTS RECEIVED FROM CONCERNED MEMBERS OF THIS COMMUNITY IN CONNECTION WITH THE ALLEGED it MISHANDLING OF PACKAGES BY CERTAIN EXPORT AGENCIES TO CUBA; FURTHER INSTRUCTING THE CITY ATTORNEY TO COME BACK WITH A RECOMMENDATION IN ORDER THAT THE CITY COMMISSION MAY PROTECT THE INTERESTS OF MEMBERS OF THIS COMMUNITY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ON ROLL CALL: Mr. Carollo: While voting "yes" I would like to say that I wish we could find a solution to how to protect the real interests of those people and of the United States of America that is forcing individuals that might have a parent or brother or sister, a loved one back in Cuba, to pay $200 - $300 for a little package of food that is worth maybe $15.00. NOTE FOR THE RECORD: Refer to Administration request received from nSingers of America Beauty Contest'. ld 28 May 23, 1985 VOTE FOR THE RECORD: Commissioner Perez requests of Agenda off ice to place Mr. Rolando Barrero for Personal Appearance on the next agenda. 17. DIRECT ADMINISTRATION TO PLACE ON ITS NEXT AGENDA THE ISSUE OF PROPOSED APPOINTMENTS TO THE CITY'S WATERFRONT BOARD. (Four appointments to be wade). --------------_--------------------------------------------- Mr. Dawkins: Mr. Mayor, I have two pocket items. Is Mr. Long in the audience? Mayor Ferre: Mr. Long? Mr. Dawkins: Mr. Long asked me to bring up the appointments of individuals to the Waterfront Board since they operate in short. Since he isn't here, I will have to defer it until the next meeting. Mayor Ferre: All right. Mr. Hugh Patrick: I am the Chairman of th Waterfront Board. Mrs. Long was one of the people that was nominated for the Board. Mr. Dawkins: Oh, Feodora. Feodora Long. Mr. Patrick: Feodora Long was one of those that was nominated. Mr. Dawkins: Go right ahead, sir. Mr. Patrick: Mr. Mayor and Commissioners, my name is Hugh Patrick, I am the Chairman of the City of Miami Waterfront Board, and we have four vacancies that need to be filled. We are four members short and having a difficulty meeting a quorum in order to function as a Board, as an Advisory Board, and Mr. Dawkins has been kind enough to offer us as an Agenda item this morning, and he has the list of members that have been submitted - the names of people to fill the slot. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: How many vacancies are there? Mr. Patrick: There are four vacancies. Mayor Ferre: There are four vacancies? Are their recommendations of anybody? What are the four vacancies? Mr. Patrick: One is from the Yacht Club. One is from the environmentalists, and two are from the voters of the City of Miami. Mayor Ferre: Do we'.have any recommended names? Mr. Patrick: Mr. Dawkins has the recommended names that were submitted to Mr. Rodriguez. Mayor Ferre: I will tell you, Commissioner, I would like to have the opportunity - this is the first I have seen this. I have no problems with Henry Gibbons, if you want to vote for Henry Gibbons. I don't have any problems, but you know ... has the lawsuit between Dan Kipnis and us been settled now? ld 29 May 23, 1985 Mr. Plummer: I don't think it was ever filodo as it? Mrs. Dougherty: Yes, it was. Mayor Ferre: It was filed? Mt. Plummer: Did Dan Kipnis file the lawsuit? Mrs. Dougherty: Yes, sir. Mayor Ferre: You know, we are not about to appoint somebody now. What I would do ... Mr. Patrick: He serves now, Mr. Mayor as an alternate on the Board as it s. Mayor Ferre: I've got no problems with Dan. I just want to make sure we understand where we are. Michael Chenoweth was my appointment originally. Mr. Patrick: Yes, and he is the environmentalist and the Board has recommended that he be reappointed. Mayor Ferre: I would like to have an opportunity to discuss this with other people. Mr. Dawkins: Mr. Mayor, I remove it as a pocket item and ask that it be scheduled as a regular item at the next meeting. Mr. Plummer: At the next meeting. Mayor Ferre: Thank you. There is a motion and a second. Further discussion, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-536 A MOTION DIRECTING THE CITY ADMINISTRATION TO PLACE ON ITS NEXT AGENDA FOR DISCUSSION THE ISSUE OF PROPOSED APPOINTMENTS TO THE CITY OF MIAMI WATERFRONT BOARD, IN WHICH BOARD FOUR VACANCIES PRESENTLY EXIST. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins _ Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. a ABSENT: None. Mayor Ferre: Nester, would you please make sure that next time, we have ... and would you please talk to the various environmental groups - Friends of the Everglades, The Sierra Club, and the ... Mr. Plummer: Well, Mr. Mayor, if I am not mistaken, on the Waterfront Board, there are groups, and those groups designate where those people shall be from in 'j representation. ld 30 May 23, 1985 Mr6 Patrick: Yes, there are six different groups. Mr. Plummer: You have to be within the boundaries ... Mayor Ferre: I realize that, but I think out of courtesy to for example - citizens. We can appoint citizens from different groups Mr. Plummer: No, sir, not in certain groups where the vacancies occur. Citizens, yes. Mr. Ferre: In citizens groups - environmentalists ... Mr. Plummer: One of them is yachting clubs, one of them was - there were all different groups. _ Mr. Patrick: Right. Mayor Ferre: But if I am not mistaken, Mr. Plummer, the purpose of the Waterfront Board is to represent the i Commission. I - Mr. Plummer: That is correct, sir, of course. t Mayor Ferre: We select them, otherwise, what do we select them for? So, what I am saying is, I think it is important that we have balance and that we have men and women - that - we have Hispanics, Blacks, and Whites. '- Mr. Plummer: Mr. Mayor, you are missing my point. Mr. Patrick: The list of names, Mr. Mayor, that was submitted to you represents all of those people - there is a - female and ... Mayor Ferre: We want to make sure that there is balance and we want to also make sure that you may recommend ... I may recommend Mr. Chencweth, but maybe Friends of The Everglades and the Isaac Walton League and the Audubon Society may have other recommendations that Miller Dawkins and Demetrio Perez may want to sponsor. So, you know, I think we need to ... ` Mr. Patrick: Our problem is that we are having a difficulty getting a quorum for our meetings and ... Mayor Ferre: Well, we will discuss this at the very next meeting. Mr. Patrick: Okay, thank you very much. Mayor Ferre: Thank you. ------------------------------------------------------------ 1S. SUPPORT EFFORTS TO SEEK ESTABLISHMENT OF FEDERALLY - SPONSORED 'CARIBBEAN TRADE INSTITUTE/INTERNATIONAL TRADE CENTER" IN CITY OF MIAMI. Mayor Ferre: Commissioner. Mr. Dawkins: Okay, Mr. Mayor, while in Washington a couple of weeks ago, we stumbled upon HR-950, was being sponsored by Charles Rangel out of New York, and Congressman Rangel was asking for $104,000,000 towards establishing a Caribbean Trade Institute/International Trade Center in Harlem so immediately I got in touch with Congressman Fascall, because if a trade center should go any place for the Caribbean, it 1d 31 May 23, 1985 should be in Miami and not in Holland , so I've got a resolution here I would like to get the Commission to support and we will go - the Manager and I will go back to New York and meet with the Florida Delegation in an effort to see that - if we do nothing else but have the $104,000,000 broken in half, and maybe we get $52,000,000 and let Harlem have $52,000,000 in order to attempt to establish this trade institute here in Miami instead of in Harlem. Mayor Ferre: Okay, there is a motion. Is there a second? Mr. Perez: Second, Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-537 j A RESOLUTION SUPPORTING THE EFFORTS OF THE CITY ADMINISTRATION, INITIATED BY COMMISSIONER MILLER J. DAWKINS, TO SEEK THE ESTABLISHMENT OF A FEDERALLY -SPONSORED CARIBBEA14 TRADE INSTITUTE/INTERNATIONAL TRADE CENTER IN THE CITY OF MIAMI. (Here follows body of resolution, omitted here i and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 19. PERSONAL APPEARANCE: ANNE MARIE ADKER re (a) INTENT OF CITY OF MIAMI MINORITY PROCUREMENT ORDINANCE, and (b) JOBS IN THE OVERTOWN AREA. Mrs. Anne Marie Adker: I am Anne Marie Adker, 407 N. W. 5th Street and I was before you on May 9th, asking that you somehow inject in your minority procurement ordinance the first source agreement, which would provide employment Within Overtown, especially when it has to do with developers getting loans or grants from the City of Miami for a project within the Overtown area. You promised a solution to that problem today. Mr. Pereira: Mr. Mayor, if I recall, the Administration said that we will address it and come back to you with a time certain. 1 can only tell you that we have had several meetings at the staff level and it is coming very closely to a final recommendation to the Board, but there are so many players involved that I don't even want to say to you that we will be back on the 13th. ..e are shooting for coming back on the 13th, but I don't want to say positively, all right? ... but we did not put a time certain. 1d 32 May 23, 1985 0 0 Mrs. Adker: I am certain that I heard May 23rd that next Commission meeting, and I don't see what the problem is in Stipulating that, especially when the money is coming from the City of Miami. Mr. Pereira: There are so many players involved and we have certain concerns that we have to clear. It is a simple concept and I support the concept, okay? ... but there are some administrative issues that need to be resolved and we are in the process of solving them. We will be back to the Commission with a recommendation and we are not dragging our feet on it, I can assure you of that. Mrs. Adker: I also have a burning issue. I would like to know who gave the authority for the issuance of a park at the northeast corner of 6th Street and 4th Avenue. The property is supposed to belong to Tom Post, and yesterday we noticed a City of Miami truck, and its workers installing palm trees on that particular site. Now, we have had a problem in that particular area as far as narcotics is concerned, out of that property at 343 and 353 - Tom Post property there on Gth Street. There have been a number of narcotics busts and you are creating another problem by allowing him to put a park there to expand those activities. I want who gave the authority? Mr. Pereira: I don't know. I will have to look into it. Can I have that address and I will lind out and contact you. Mrs. Adker: The northeast corner of 6th Street and 4th Avenue. Mayor Ferre: All right, we will look into it. Mr. Pereira: I will look into that. Mrs. Adker: And hopefully it will be at the next Commission meeting? Mr. Pereira: You will get an answer in a couple days. Mayor Ferre: Thank you. 20. (a) SECOND READING ORDINANCE: AMEND 9500, SEC. 2026 (SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS OF ART. 20, GEN. SUPPLEMENTARY REGULATIONS - OUTDOOR ADVERTISING/SIGNS) (b) INSTRUCT CITY MANAGER TO REPRESENT CITY COMMISSION AT NEXT METRO COMMISSION MEETING TO DEFEND CITY'S RIGHT TO DETERMINE ITS OWN PLANNING & ZONING REGULATION. ------------------------------------------------------------ Mayor Ferre: We are now on Item Number one - 10:15 A.M. agenda. This is the outdoor advertising sign height. All right, presentation to be made by the Administration first? Mr. Richard Whipple: Mr. Mayor and members of the Commission, the Department recommends denial of the permitting of billboards along the Expressway in the City of Miami. As you remember, there were two portions to this ordinance. There were some amendments regarding the establishing of the heights of other signs throughout the City and also amendment clarifying the numbers. We would like the Commission to pass those two items, but deny the other items that are contained in the ordinance. The basic reasons are, as we have stated before, that we feel that the id 33 May 23, 1985 0 9 allowance of billboards along the Expressway would have an adverse effect as to the aesthetics and the amenities associated with our Miami area. We believe it would be detrimental to our image and it would block vistas and views which are so very attractive as we do drive along our expressways. We also pointed out to you before that we believe there is a potential hazard with respect to the allowance of billboards. We have discussed that item before; we still believe it is a potential hazard because of the mere act of trying to attract one's attention takes the eyes off the road and you know what a bad situation that can result in, and we have seen it happen in other cases, so on that basis we recommend denial of any changes in the zoning law that would allow billboards along the Expressway. Mayor Ferre: All right, anything else from the Administration? If not, We will hear then from the proponents of this. Mr. George F. Knox: Mr. Mayor and members of the Commission, my name is George F. Knox. I am an attorney with law offices at 4770 Biscayne Boulevard and unless prior - to your deliberations you would have some questions on behalf on my client J. Hancock Advertising, we would waive any presentation at that time and simply urge you to adopt -_ the ordinance that is before you as a reasonable exercise of your police and zoning powers. Mayor Ferre: All right, are their members of the public at this public hearing that wish to express their opinions? All right, would you raise your hands, those that wish to speak? Eleven - all right, does anybody need any more than three minutes? You need more than three minutes? How much time do you need? Unidentified Speaker: Five minutes. Mayor Ferre: Five minutes, all right. All of you will be limited to three minutes, with the exception of one speaker that will speak five minutes. That will take about forty minutes by the time we are through with the public speakers, unless you speak less than your allotted time, so we would now begin. Mr. Ignacio Bunster: My name is Ignacio Bunster. I am a resident of the City of Miami. I am also representing, in the capacity as a representative of the American Society of Landscape Architects, Miami section. Let me briefly read to you what the the policies of my organization reads about billboards. Nearly all people, and they were according to their rights to protect their homes against ugliness within. I will submit to you that the City is an extension to our homes, and as such, we should endeavor to protect it from ugliness without, meaning or streets, highways and public open space. We are now to a greater or lesser extent protected by law against offenses to all senses excepting those of sight alone. If this is in many respects more important than the others, for ugliness is an offense against the mind and has subtle, but very important effect on the happiness and education of the people, reflecting values of all of us. We can only trope that as time goes on, it will become clearer to elected officials, you Mr. Mayor and Mr. Commissioner, that private enterprise has no right to inflict what it pleases upon the community, nor to expect the community long to endure it. We therefore recommend that you do not adopt this ordinance. Thank you. Mr. Lester Freeman: Good morning, Mayor. I am Lester Freeman. I live at 2180 Brickell Avenue. I am here with a group of citizens that have formed a coalition called ld 34 May 23, 1985 0 0 Citizens Against Expressway Billboards. You have heard from us three times previously. The economic and aesthetic points have been made, and I am not going to repeat them here today. I simply want to emphasize what we have said all alona, but I think has been building, and has now reached a highly visible level and that is that there clearly is a mandate in this community against changing these regulations.. You have seen the expression of that mandate. There simply is no general public support for the change and therefore we urge that you react favorably to the desire of your constituents. I would like to introduce Mrs. Wainwright. Mayor Ferre: All right, we are always honored with the presence of the distinguished public servant of this City, Alice Wainwright, who wherever she is commands respect for her atility, for her many years of wonderful service to this City. Mrs. Wainwright. Mrs. Alice Wainwright: Thank you very much, Mr. Mayor, for your very gracious remarks. For the record, my name is Alice Wainwright, residing at 3601 Bayview Road, Miami. Mr. Mayor and members of the Commission, a dying man will grasp a straw to try to save himself. The sign ordinance before you is practically dead. Why not give it a decent burial by voting against it? If you do so, you would have the respect of thousands of Miamians and residents of Dade County. This issue has created great public in. terest and incignation among people in all walks of life. Now, 1 am going to address some of the legal aspects of this. We are not duplicating our remarks and I am just going to :peak about some of those aspects. I wonder if w- could have some quiet over there? Mayor Ferre: I would like to ask the Administration - you are interfering with the presentation - if we would keep some quiet over there so Mrs. Wainwright will have the respect which of course she deserves. Mrs. Wainwright. Thank you very much. Well, there has been a lot of stories going around that this ordinance would be subject to a grandfather clause which might be brought up before this Commission today. Now, I am speaking in expectation, but there has been a great deal of talk all around town. The grandfather aspect is brought out today in Miami Herald's editorial. "If an amendment is proposed and approved to grant eight applications on X'way billboard, it would raise obvious constitutional questions. Financial benefits flowing to a few site owners on X'way sites would violate the equal rights protection clause for the Federal land State constitutions. As you know, ordinances must be general in their nature and impartial iii their operation to be valid. They must not discriminate in favor of one person or class of persons over others and must operate equally for the equal benefit and protection of all". That is from the horse's mouth, Florida Jurisprudence, Municipal Corporations Section 89. Furthermore, any amendment that might be brought up to eight, or nine, or ten, sites by such an amendment grandfathered in, would fly in the face of your own proposed ordinance. Paragraph six, Page two, sets out the procedure of processing applications, including special exceptions. The key word of Paragraph six is ... or key words, rather ... that is would come into effect at the time of the effective date 3f the ordinance. In other words, that would be 30 days. Wherefore, any amendment grandfathering in any existing sites would not be vested, even though the eight sites may those facing side streets. Such signs, may in fact, be in place, but under the present ordinance, they are not permitted to face the Expressway. An amendment to permit such eight signs would bypass the ld 35 May 23, 1985 City`s Zoning Board, and that indeed, would be a bad precedent. We hope, therefore, that no amendments would be adopted today that would subject the City to litigation. We -- taxpayers do not want to bear the cost of any such - unnecessary litigation. Thank you. Mayor Ferre: All right, next speaker. Mr. W. R. Lazarus: My name is W. R. Lazarus. I reside at 320 South Shore Drive, Miami Beach. I am here representing the Isaac Walton Leaque of America and also the South _ Florida Coalition of Concerned Conservation, Civic, and Sport Groups. Only in America you can see what happens in a - place like this today. You see under -privileged children. You see children from all over the world. I am an immigrant too, and we can come here and talc without fear of any type of retribution, for the rights of people. As I stated previously, these sign boards would be a hazard. I am sure gentlemen travel the expressways and you see how people tear - up and down at sometimes 75-80 miles an hour. All you need is one distraction and there is a pileup. The measly little $42, 000 a year that you would get from this sign revenue is even one life worth $42,000? I am sure there would be - even more outpouring resentment against this ordinance in this community. The only people that are for it are two billboard companies who are there to make a few bucks. Can't they go somewhere else with their billboards? Let's keep our expressways clear of any hazards of any kind and preserve the aesthetic beauty that we have still left. As you know, the County Commission two days ago voted eight to nothing to reinstate their billboard ordinance and on June 4th they will assuredly in emergency pass that which would make any decision that you make favorable to billboards today null and void, so why not be a good citizen and see the errors of your ways and go along with the citizens of this community and repeal this? Thank you. Mrs. Anne Marie Adker: I am Anne Marie Adker, 407 N. W. 5th Street, Miami, and I am here again today representing the Overtown community. I am appealing to you to vote against this billboard ordinance, because in Overtown, we are not fortunate with only I-95. We also have 826 - two expressways. Billboard on two expressways would really hide us from the world. Thank you. Mr. Lester Pancoast: Mr. Mayor and Commissioner, I am Lester Pancoast. I am an architect and citizen. I am representing a Committee Against Expressway Billboards, and also by special request, the American Institute of Architects. Those of us who have been conspiring against having billboards on the expressways have been asking ourselves what compromise could we make along the way if it became necessary? What would a viable compromise be? Could billboard be place, for example, only on the west side of = the expressways? Could they be made to be much further _ apart? Could they be smaller, somehow? Would these be acceptable limitations on what we are trying to achieve? As = individuals and collectively, in those meetings, and there were several, we realized that to endorse one billboard, on - i one expressway in the City would be as bad as endorsing 50. t Now, that is kind of a startling statement, but it came to us with great force. To place them on the west of the - expressways suggested that we didn't care about the view _ inland, which isn't true - we care very much about the view t inland. When these beautiful storms begin to build in the summer and you drive on the expressways, you take your eyes - off this marvelous skyline to the east and you look to the west. It is a marvelous experience and all Floridians who _ have seen it don't want it to impaired by various cigarette and whiskey advertisements! If we have them on one side of ld 36 May 23, 1985 4 9 the expressway, we would hurt the whole visual rage of the City just as much as if we had them on both. Our attorneys have told us that the standards for limiting billboards must be valid, and having them on one side vs. the another, probably would not be a valid law to enact. To sum up my point, we of the Committee Against Expressway Billboards oppose any compromise where billboards would be allowed to intrude to any degree on the expressway experience of all of us in this City. Thank you. Mayor Ferre: All right, next speaker. Mr. Howard Williams: Honorable Mayor and Commissioners, my name is Howard Williams. I reside at 13874 S. W. 67th Terrace. I. am representing the Gold Coast Section, American Planning_ Associ at i. on. At the least meeting in January, our Section hear3 a debate on both sides of the proposed ordinance. We tool, a unanimous vote opposed to liberalization of the billboard ordinance in the City of Miami throughout the County. I would urge you to retain the world class skyline that Miami has and which you are largely responsible for encouraging. We would urge you not to allow billboards to mar the views of residents and tourists alike for our expressways of the downtown and the bay. Thank you. Mr. Manuel Reyes-Otaora: I am an architect, member of the American Institute of Architects, member of the American Planning Association, and also part of the Committee Against Expressway Billboards. I here to present to you the point of view of the National Organization of the American Planning Association and I have had a telegram which I will read for you for the record. It is address-,d to Mr. Sandy Ekelis, Vice -Chairman of the Florida Gold Coast Section of the American Planning Association, and the text reads as follows: "The American Planning Association, the national organization of 21,000 city, county, metropolitan, regional and state planners, including elected and appointed officials has consistently opposed attempts being made at all levels of government to facilitate the proliferation of billboards in our urban and rural areas. We therefore support efforts by our chapters and sections to adopt or maintain local ordinances that will protect our nation's visual environment and it is signed by George T.Marko, as the Deputy Executive Director of the American Planning Association. It is clear that we really are dealing with a national issue. It is not just an issue local to the City of Miami. Obviously, everybody who lives in this County rides through the expressways that go through the City of Miami. The National Coalition for Scenic Beauty, which is based in Washington, D.C. has called for a national moratorium on billboards on all Federal highways. We must plead with you that you maintain the City's noble goals to be a world class city. You have all done a lot of things on this Commission to achieve those goals. Billboards are a step backwards. They really are a sign of undeveloped areas that are reaching out for attention, and I think we must all recognize that Miami really has already arrived. We don't need to reach out for that attention at that level. In a personal note, Mr. Mayor, you gave a very gracious introduction to Mrs. Wainwright, one we all agree with, and I would say to all of you that twenty years hence I would hope that when you make these decisions that effect this environment, that you are also able to walk into a room such as this and be recognized as formidable visionaries. Thank you. Mayor Ferre: All right, next speaker - and I thank you for your words. ld 37 May 23, 1985 0 10 Mr, Jack Lowell: Mr. Mayor and Commissioners, I am Jack Lowell, with offices at 777 Brickell Avenue. I am a Vice - President of the Brickell Area Association and a partner with Tishman -Spire Properties. At a board meeting of the Board of the Brickell Area Association yesterday, the Board unanimously voted to ask the Commission not to pass this -- ordinance, and I would say, in polling the Board and general members, there has been no support for this ordinance in any of the group. Think you. Mayor Ferre: Next speaker. Mr. Mike Sweat: Mr. Mayor and Commissioner, my name is Mike - Sweat. I am the Property Manager at the Southeast Financial Center. I represent Gerald Hines' interest, the managing -_ partner in the property. We unanimously oppose any adoption of any amendment that would endanger the aesthetics of the present skyline. Many years ago you required that an environmental impact statement be done for the construction of that property, and we implore that you now not endanger the world class skyline that is presently there. Thank you. Mayor Ferre: Next speaker. Mr. Plummer: Excuse me, sir. You are from ... Mayor Ferre: Gerald Hines. Mr. Plummer: You are from Southeast Bank? Mr. Sweat: No, sir. I am an employee of Geraldine Hines' interests, the managing partner. Mr. Plummer: Are you aware sir, of the photograFs that we were presented at the last hearing? Mr. Sweat: Yes, sir, I was not aware that the ... Mr. Plummer: About four times larger than any billboard proposed? Mr. Sweat: Yes, sir, that is why it is now down. Mr. Plummer: Excuse me? Mr. Sweat: That is why that banner is now down. I was not aware that it had gone up. Mayor Ferre: How many days was it up before you ... Mr. Sweat: I am not sure, Mr. Mayor. I understand we had a Phone call from someone on the City Commission, I believe and once it was brought to my attention, it came down immediately. Mayor Ferre: Next speaker. Mr. Bob Worsham: Mr. Mayor, Commission, my name is Bob Worsham. My office address is 7560 N. W. 82nd Street. I am President of the Miami Civic League. Our position remains unchanged. We are just somewhat firmer in the position that a lot of the people that we have talked to throughout the City of Miami are most sincerely against this ordinance. Thank you for the opportunity. Mayor Ferre: Next speaker? Are there any other public speakers? Mr. Charles Alden: My name is Charles Alden. I am a landscape architect. I have been practicing my profession Id 38 May 23, 1985 4 V now for some 22 years - that is, the profession of an architect of the land. Y came to Miami in 1978. During the time that I have been here, I have been the landscape architect for the Southeast Financial Center; for the Poinciana Park, Liberty City; I've directed a design competition for the City of Miami for the Jose Marti Park and I am the designated landscape architect for a major portion of the Park West/Overtown Project. I recently had a occasion to make a couple of trips to the northeast - to Princeton, New Jersey and subsequently to Boston, Massachusetts. Clearly, I am somewhat more sensitive to the issue of billboards today and during these trips than I might have been six months ago, but I was struck by the proliferation of billboards throughout the expressways in Florida, particularly the Carolinas; Boston, Massachusetts and Waterbury, Connecticut. I brought r,ith me today some slides of some of the views of I-95 going through Wilmington, Delaware and through Philadelphia. I have additional slides which are presently being processed of a couple of particularly significant. views in Waterbury, Connecticut. I think it i.s clear that billboards, in my judgment, are a blight on the landscape that I have spent 22 years of my life in the northeast and the southeast, attempting to develop. I think it is also significant to note that billboards are restricted in Vermont, New Hampshire, and Hawaii, three states which are largely dependent upon their tourist industry for their unique visual and environmental assets. I think it is correct to say that in the 22 years of my practice, that as a designer, I have not been able to anticipate the visual consequences ' of some of the things that I have designed. That sometimes works to the advantage of the project, sometimes to the disadvantage, I ---m embarrassed to say, but I think that as a person who has been practicing my profession for 22 years, I a can honestly say that to you. I find it difficult, that as members of the Commission, you have not spent- those years in a similar endeavor, that it will probably be very difficult i to you, on a one by one basis, to anticipate the future decisions that you may have to make, what the consequences will be of those individual decisions to perhaps allow _ 1 billboards along I-95 in Miami. At this time, I would like to show you some of the slides that I have taken in Wilmington and Philadelphia and to remind you that in Wilmington, I saw perhaps going north bound towards no more than perhaps sir, billboards. I managed to get two or three of them in my photographs and I think you can see that it is not the numbers of billboards that is important, it is merely the fact that they are there, they are large. They are distracting, and they are quite frankly, an intrusion upon our visual environment. Okay, it would appear that all the slides are going to be in backwards, so that if you can just ignore the letters on the signs, I think you can still get the visual impression that I am attempting to create here. On the left of the slides is downtown Wilmington as seen past the intrusion of the billboards, and here another billboard has completely obliterated the view of the downtown area, and as you can imagine, the Biscayne Tower and the County office buildings and Southeast Financial Center in the background - that is conceivably what we could have in Miami. This is approaching Philadelphia and along the Delaware River is the U. S. Naval facility and they are quite scenic, I think, for a number of people, and they are indeed a landmark in the city of Philadelphia. Another view of the Naval yards, a view of an industrial building and in the foreground is a billboard which is advertising for someone to rent space. I think you can see in this slide that the apparent scale of the billboard even begins to dwarf the large gas tank in the background because of the closeness of the proximity to expressway and because of the angle perspective. And now we are going to go through a ld 39 May 23, 1985 9 series of slides which I think are very revealing. In the background is one of the two or three magnificent bridges that go from Philadelphia across the Delaware River to New Jersey and you can see the numerous billboards that are placed along I-95 in the center of Philadelphia. Here happens to be another billboard seeking a tenant to rent space. The billboard is also in a state of dilapidation. I i think the bridge, as you approach it, generates a sense of anticipation and I think it would be heightened further if one were not distracted by the billboard. Here a portion of that particular bridge is obliterated. There nearly a third of the bridge, or a quarter of the bridge is obliterated by the billboard and you can see there is a great proliferation of billboards on the ramp accessing to the bridge itself, and while the foreground view is not particularly attractive, I. think there is an impact from the billboards on those who are in fact accessing onto the bridge and looking back over my shoulder, I am able to see that view. In this series the billboards in fact, will obscure the view of downtown Philadelphia. Here, I think the question of height is perfectly well illustrated. The tower building in the very center of the picture is the City Hall in Philadelphia and now we are going to approach the Penns Landing area, which has been largely redeveloped and the magnificent Walt Whitman bridge, which in itself is a magnificent sequence of driving experience, and as we approach this magnificent bridge, we can begin to see in the background another billboard encroaching upon the scenery, and finally all this magnificent Mr. Marlboro has ridden again into the sunsetl I would like to read a portion of a letter that I have recently sent to Mrs. Florence Bassett regarding the subject when appeared when I was not going to be able to be in Miami for this hearing. The last paragraph of the letter says ..."I trust these slides may strengthen the position of those of you who are seeking to protect visual environment in Miami. Prior to the destruction caused by the lethal yellowing of its palms, the skyline of Miami was truly magnificent to see. As the City builds its new skyline anc' renovates its old buildings, and replants its streets and boulevards, it will attain and even more special sense of place, one which is unattainable by most cities in this country. This is not merely a matter of image reflected in economic benefits to the tourist industry, but is truly an issue of the quality of life in Miami, as experienced on a daily basis. Your efforts and those of Mayor Ferre and others to preserve and protect this quality are deeply appreciate. I believe these pictures will assist you in your efforts. P. S. - I believe it is indefensible to allow the profit motive of a handful of people to so adversely encroach upon the visual environment of so many with such blatant disregard for their aesthetic senses and freedom of choice."... Thank you. Mayor Ferre: Is there anybody else in the public who wishes to speak on this issue at this time. Yes, sir, Mr. Armesto. Mr. Eladio Armesto: Good morning, Mr. Mayor and Commissioners. My name is Eladio Armesto. I am a resident of the City of Miami for the last 25 years and I came here - I want to express my voice in favor of the billboards. Especially, I think that yesterday's action by the Metro Commission is the present step to abolish Number one, the zoning laws of the City of Miami, to take over our Planning and Zoning Departments and to do for us what we don't them to do, but we want you to do for us, to govern this City. I think with the proper resolution of the City of Miami, condemning the encroachment of the Metro Commission in our City. They have nothing to do here. They have enough with their own problems over there to mess their .hands in the City of Miami. That is Number one. Number two, I think we �: ld 40 May 23, 1985 deed billboards, because if we want to be a big city - we W&nt to be a ..... New York has them, Philadelphia, all those big cities O'Hare Airport is surrounded by billboards &nd in those places, when you look to Europe, you see billboards in those places - why not in Miami? You cannot say that for the tourists because if you take the New York train now, when you go by New York train, you cannot see anything because the boiling are there. Now, what is more important, the buildings or billboards? I think billboards are as important as buildings. I think billboards will bring a flavor of internationality to our City, like Orlando has it, and all those cities in the expressway, and Number one, it i11 be very important to let the Metro Commissioners not interfere in the government of the City of Miami. Those are my words. Thank you very much. Mayor Ferre: Are there any other public speakers? Is not, is there a motion that the public hearing be closed? Mr. Plummer: So moved. Mayor Ferre: Is there a second? Further discussion? Call the roll. THEREUPON, MOTION to close public hearing portion of on Agenda Item Number one, upon being duly moved and seconded was adopted unanimously by the Miami City Commission. - Mayor Ferre: All right, questions from members of the 7A I Commission? Mr. Plummer: The only thing that I have is that I disagree with Lester Pancoast ... i Mayor Ferre: Is that a question? 1 Mr. Plummer: Oh, I am sorry. Questions? No, sir. s Mayor Ferre: Are there any questions before we get to the j comments? Hearing none - go ahead, sir. Mr. Plummer: I disagree, Lester, with you. I do feel - I understand your position, your point, but I disagree that •• having the billboards limited to the west side is I think all should remember and we very much remember that what we are doing is setting minimum standards, as we set distance and safety standards, I think it is also important that they be limited to tine west side only of the expressways, and I do feel that that is important and I will ask that be an amendment, or a criteria, however. Mayor Ferre: I will take that up as a separate motion. Legally, can we do it this way, Lucia, as these amendments r come up, if any, we just incorporate them? i Mrs. Dougherty: Mr. Mayor, this should not be an amendment to this particular ordinance. It should come back as a subsequent amendment. Mr. Plummer: Fine. However.. Mayor Ferre: Well then, word it properly, J. L. This is s motion for future instructing if the ... i Mr. Plummer: Well, let this other motion pass, or it be presented as passed, and then I will make this. Mayor Ferre: And they you will present that id 41 14ay 23, 1985 40 It _M Mr. Plummer: Yes, sure. Mayor Ferre: Any other statements? Mr. Carollo: I have a statement to make. My concern on the actions of the Metro Commission of this week has nothing to do with the billboard issue. It does have to do with zoning as a whole in the City of Miami and other municipalities. My concern is that the Metro Commission is going to start on this item, that's the a popular position to take with certain media in town, before you know, it, they are going to take a.11 of the zoning and planning rights from the City of Miami - like the waterfront, a prime example. We can go on and on and on giving examples, so I would like the City Manager and maybe we could make this in the form of a resolution to represent the City of Miami at the next Metro Commission in defending our rights as to zoning and planning as a whole. Mayor Ferre: I will accept that in the form of a motion. Mr. Carollo: So moved, Mr. Mayor. Mr. Plummer: I will second that motion, Mr. Mayor. Mayor Ferre: All right, is the City Manager here? Further discussion on this motion - I'd like to ask the City Attorney, if in her opinion, legally, this is a third time - we are dealing not with water, sewer, and the bridge and other City of Miami/Metro issues. We are now dealing strictly with the matter of zoning and the planning, but I can recall there are two previous examples of involvement by the County on City matters. The first one dealt with the zoning around Metrorail stations. The second one dealt with the issue of the waterfront and the management thereof, and now we have this issue. I am also reminded, and would put into the record that it is increasing apparent to me that the South Florida Regional Planning Council, on an increased basis, is now involving itself, in my opinion, against the 1972 in making, or interfering in the local governmental process of planning and zoning. It is a clear violation - similar to what has happened to Santa Monica, California, where another governmental jurisdiction involves itself in our local business. I think the time is coming where we are going to something legally about it. The Commissioner has made a motion, which I would be voting for because I think all it really does is request the Manager to represent the City's position before Metropolitan Dade County, and whereas I am against billboards and will be speaking out and have been and will continue to speak out against any billboards, I nevertheless think that there is a side issue here that deals with the question of jurisdiction. Now, the question that I have for you now, having said all of that, is does Metropolitan Dade County have a right to deal with this issue because it is dealing with a major expressway, signal on a mayor expressway, which in effect, affects them as well as us, or is this something that really is strictly within the purview of this governmental entity? Mrs. Dougherty: The answer is, Mr. Mayor, that Metropolitan Dade County, by its own Charter, and authorized by the Florida Constitution has the right to set minimum standards for zoning within the municipality. They do so through the South Florida tjailding Code. They did so allegedly in the Historic Preservation Ordinance and whether or not this is a minimum standard ordinance to outright prohibit it could be something that could be challenged in the courts, but the truth of the matter is ... I don't know if I want to comment on how that would run out, but that would be an argument that we would have to make that this is no longer a minimum standard ordinance that they are imposing upon us. ld 42 May 23, 1985 Mayor Verre: Well, that being the case, f would respectfully ask my colleague that the wording of his resolution be that we ask the Manager to represent the Majority's position, rather than in any way imply any legal aspects on it, because I think we could get in trouble on that. And that also would permit me to vote it in respect Of you as a majority without changing my position either morally or legally on this issue. Now, we have then a motion of intent which has been modified. Is there any further discussion on that? Mr. Plummer: Well, just to set the record straight. In your opinion, Madam City Attorney, the action of this Commission today as presented before us is doing nothing more than establishing minimum standards, is that correct? Mrs. Dougherty: What, the City of Miami? Mr. Plummer: Yes. Mrs. Dougherty: The City of Miami ... yes, establishing minimum standards in the sense that you could go more than 1,500 feet from ... Mr. Plummer: They are minimum standards as being presented. Mrs. Dougherty: But my comment to the Mayor is, it is incumbent upon Dade County only establish minimum standards within the municipality. We can do more than establish minimum standards. We can establish standards. Mayor Ferre: The legal question, nevertheless, would be ... is like my porno thing - when you say none at all, is that a minimum standard, see, and that constitutional lawyer said you can restrict during day and you permit it during the evening, late at night, your chances of winning are greater, so what you are saying is, it is reasonable to say none, rather than some. See, Plummer's amendment here say "some" and here are the restrictions. Now, the Count.y's action is, there shall be none. I don't know exactly what the legal arguments would be one way or the other, but nevertheless, I think the motion has properly been modified, so that it expresses the will of the majority of this Commission and ask the Manager to present that before Metro. Mrs. Dougherty: I will tell you there is a case of Elliott Advertising vs. Metropolitan Dade County in which the issue was whether or not the Dade County Ordinance or the City of Miami Ordinance prevailed, and they found that the Dade County Ordinance prevailed, because it was a minimum standard, and ours was more liberal. So, the question, though, if you wanted to get to that point was whether or not an outright prohibition would be a minimum standard and of course it could be argued either way. Mayor Ferre: All right, are we ready to vote on the motion as is clearly understood? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 85-538 A MOTION INSTRUCTING THE CITY MANAGER TO REPRESENT THE CITY OF MIAMI ART THE NEXT METROPOLITAN DADE COUNTY COMMISSION METING TO DEFEND THE CITY'S RIGHT TO DETERMINE ITS OWN PLANNING AND ZONING REGULATIONS. Id 43 May 23, 1985 1 4 Upon being seconded by Commissioner Plummer, the Motion was passed and adopted by the following vote - Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOP,S : None. ABSENT: None. ON ROLL CALL: Mayor Ferre: Let my vote in the positive reflect that it is on the issue of the Manager representing the majority's will before the County Commission and let's make sure that it is not in any way understood as in any way implying directly or indirectly my position regarding billboards, with which I am unalterably and totally opposed. Put the V.C.R. on and the lights off, please. Mr. Dawkins: (INAUDIBLE - MICROPHONE MALFUNCTION) Audio -Visual presentation Mr. Dawkins: Which includes playgrounds, parks,schools and residences. If the City Commission rules that no signs can f be erected east of I-95, then there will be no problems, because if we no signs to block out the views of the skyline to Biscayne Bay, then there is no problem when approaching 79th Street, which is the City of Miami limits. Everything north of herd is Dade County. Now, we will turn around and head south on 7th Avenue. On the west side of I-95, you can see there are billboard signs on almost every block and at each intersection. Here at 1-. W. 70th Street and 7th Avenue are two sign:, whic}i, if the Commission is not careful, once the ordinance is ;sassed, the sign company can raise these signs high enougli to be seen from Interstate. The same situation exists at 56th Street and 7th Avenue. If the City Commission does not exercise the same control by passing legislation to stop these excessive billboard signs erected in the City, these, signs also could be raise to a height to be seen from We are now on the southeast corner of N. W. 2nd Avenue and N. W. 54th Street. As you can see, there are four sign: on this area. When it was all white, the sign board company had it grassy, well watered and manicured. The edges of the hedges were cut and trimmed neatly and it was really manicured and kept up, but now you can look; at it aril see how the sign company has let it deteriorate, but for some reason, those of us in the total Miami community are not concerned about sights like this. Your only conct rn appears to be what is going to happen to I-95? My primary concern is what is happening in my neighborhood. As you can notice there are billboard signs everywhere. 11,here are many locations where signs are attached to the sides of the buildings and the majority of these signs are doubled sided. This is another area that when I moved outt here was well kept, was grassy, the hedges were cut, the signs were painted, but as you can see, again, in this tie ighboi1}ood, the sign company has let this site look like this. This is what we should be concerned about, because tliis again is another one of those sights in my community. T,s y�)u head south on 17th Avenue from N. W. 67th Street, agaiii you see the same thing as we witnessed on 7th Avenue. There are billboard signs cluttering both sides of the streets, and these are just a sample of the signs located in Liberty City. I am sure if I were to take this same time view all of Little Havana, Wynwood, Overtown and ld 44 May 23, 1985 4 4 Cbcbnut Grove, we would see that the streets are just as Cluttered with billboard signs as those in Liberty City. everyone has come to the City Commission concerned about billboard signs along I-95, but I am also concerned about the community inside the City of Miami limits. We, on the City Commission passed and ordinance in effort to establish some ground rules by which signs could be erected and controlled. Four of us on the Commission voted for this and therefore, I again will be voting for the billboard signs in an effort to control billboard signs. End of audio visual presentation, lights please. Sometimes what appears as logic may not be true, and sometimes because a. given set of circumstances may lead to a certain conclusion, that doesn't necessarily mean that is what happens. I have listened to many of those who are opposed to the billboard issue, and I find your arguments to be reasonable, yet the billboard controversy is a very low priority, in my opinion, as far as I am concerned, when there are other concerns which should have a much higher priority. In the area of Overtown, in which Mrs. Adker and Mr. Hall so ably defended and said that they needed no signs, Liberty City, and Wynwood, in my opinion, the serious priorities are - high unemployment, high crime rate, poor health care services, poor housing, and unacceptable trash collections. The scenerio leading up to this is as follows - since urban renewal came into the Overtown area and uprooted people, the construction of I-95 expressway forced many others to relocate. These person's homes were taken from them under eminent domain, but nobody is concerned. In the majority of cases where homes were taken, the oJners were given a fair appraisal as to what their homes would bring on the present market, and not on what the market price for replacement was. Many persons moved out of mortgage free homes into homes where their mortgages exceed their total compensation of the homes they moved out of. Many were advanced in age, but had to assume new mortgages. Soma of the persons moved into new homes, and presently own commercial property that runs parallel to I-95 and 826. Advertising companies are desirous of paying premium dollars to lease these individual's properties to erect oigns. To some, this may ease the financial pains suffered when they were forced to move; for other on fixed income, it would provide additional needed income, but nobody is concerned. All they are worried about is what is going to happen to I-95. I-95 is just as important to me, but also trying to reduce high unemployment and high crime is important also. I wish those concerned would attempt to initiate legislation to remove some of those same signs that you saw on 62nd Street, on 54th Street, on 36th Street, on 7th Avenue, on 17th Avenue, and on 2nd Avenue, which I didn't show you, and then also, there should be concern for again, some of the things that are important to me, flagrant drug sales in Liberty City and Coconut Grove, high student dropout rates throughout Miami, high unemployment in Wynwood, Liberty City and Overtown, and the shortage of adequate health and mental care. Again, it was mentioned as the safety - of how unsafe billboards are on I-95. What is any more unsafe than all the signs you saw in my neighborhood? ... where children are running the streets, senior citizens have to cross the streets, kids out in the streets after balls; people have to cross the streets - how in the world can you tell me that only on I-95 you are going to take your eye off of a sign and you don't do it in the City limits. Come one, don't be ridiculous! We, the total community Must awake from your slumber, so that you will be just as emotional and concerned about the above problems as you are about the billboard signs which clutter 1-95. And as Mrs. Wainwright said, it must not exclude the rights of anyone. Highways and byways have for years been cluttered by billboard signs in my neighborhood, but no one is concerned but me. A majority of this Commission are ld 45 May 23, 1985 4 R Concerned, that is why we passed the laws in an effort to try► to control the billboard signs. In the back of our Minds was one thing - if we control them, and we specifically said - each billboard must come back before this Commission and be approved ... if we didn't approve it, that means that is one less sign, but nobody is concerned about what we are doing. All they want to know is - certain pressure groups come down and because these pressure groups are unhappy with out decision, then we must bend. The Miami Herald says that the majority of this Commission are puppets on the billboard signsl But what is what is wrong if I change my sign with the billboard signs - then I am a puppet of the Miami Heraldl See, so somewhere along the lines, we , the total City of Miamiis going to have to be concerned about the total City of Miami, or else, don't come down on a soap box just for one issue. Thank You. Mayor Ferre: All right, any other statements? Lucia, do you have some things that you wanted to say? Mrs. Dougherty: Yes, sir, Mr. Mayor. On Page 3, I have made some amendments which were non -substantial, do not grant anybody vested rights, or grandfather anybody in. The first one is ... at the top, I want to clarify that this is not a special exception which would not have to come to the Commission, but it is going to follow the same procedures and the same standards of the special exception, but it would have to go both to the Zoning Board and the City Commission for approval, so that amendment ... Mayor Ferre: You mean this has to go to the Zoning Board? Mrs. Dougherty: Yes, sir, for each sign. Mr. Plummer: For each application. Mayor Ferre: Oh, for each application. Mrs. Dougherty: Each application. So that is clarified by the language at the very top of Page 3, which I passed out to each of you. Secondly, the Zoning Inspectors that asked me whether or not the 1,500 foot distance requirement was a distance requirement between all signs within 600 feet are only those which were approved pursuant to this ordinance and the clarifying language in Number 1 is to clearly spell out that the 1,500 feet requirement is for all those signs approved under this ordinance. Number 6, instead of having at the effective date of this ordinance, it would be within thirty days of the effective date of this ordinance, owners of existing signs, structures, or sign structure permits for any signs located, or to be located within 600 feet of the right-of-way lines of the limited access highways shall have the right to seek approval in accordance with the procedures set out above. So that doesn't change - all it does it says it has to come within 30 days, not immediately at the effective date of this ordinance and that is basically. The rest of that paragraph six. I have made some tactical changes, but nothing substantive. Mayor Ferre: All right - into the record again, you say none of these things are substantial in nature? I have a question that I need to ask, and that deals with ... is this the loose page you are talking about? Mrs. Dougherty: yes. Mayor Ferre: about? That is Page three that I have changed - So these are the changes you, are talking 1d 46 May 23, 1985 Mrs. boughertye Yes. Mayor Ferre: Now, I also have a resolution here which requests ... Mr. Carollo: This is separate. Mayor Ferre: This is separate? it has nothing to do with this as such? Mr. Carollo: It has to do with the issue, but it is a separate issue. Mayor Ferre: This is to be voted upon next, or does that come after? Mr. Carollo: That is if this present ordinance passes. Mayor Ferre: Yes, go ahead. Mr. Plummer: Can I ask a question? Madam City Attorney, one of the things that was shown to me in Mr. Dawkins' video - one of the things that I put into the original was the landscaping - that this Commission would have approval over any landscaping plan that was submitted. Where this is a, what I call a conditional use, can be inserted that if for any reason deemed reasonable by the City, they do not maintain the landscaping or the cleanliness of that location, would be subject revocation of that permit. Mrs. Dougherty: That could be one of the conditions of your special exception, yes, sir. Mr. Plummer: But would that be written into this, or as application? Mrs. Dougherty: Under each application. Mr. Plummer: Could I offer that now? Is that proper, or when the other amendments are offered? Mrs. Dougherty: I think when the other amendments are offered. Mr. Plummer: Okay. Mayor Ferre: All right, let me - before we get to the voting, I need to ask some questions. Metropolitan Dade County has passed an ordinance on first reading that will be coming up on second reading. As I understand from newspaper reports, they were going to pass it as an emergency. Mrs. Dougherty: No, they have a rirst ana secona reaaing. Mayor Ferre: As I understand it, their ordinance will go into place before ours will, since ours has to go through a 30 day process. Now, you say it is not an emergency? If this Commission past an ordinance before Metro, they have 30 day rules too - would you explain to me how the City's ordinance is going to go into effect after the County ordinance unless they pass an emergency ordinance? Mrs. Dougherty: They have not a 30 day requirement like our Charter does. They have a two week requirement for an effective date, that is Number one. Number two, even if ours became effective first, if there were no applications that had been approved prior to their ordinance becoming effective, then there would be no vested rights and their ordinance would take precedence. ld 47 May 23, 1985 Mayor Ferre: All right, let me understand this. The editorial that was in the Herald this morning had a legal argument which I need to understand if we vote on this thing. If this thing passes today, it is effective in 30 days. Mrs. Dougherty: Correct. Mayor Ferre: Which would make it the 23rd. of June. If the County's ordinance is voted on in second reading, it will become effective two weeks after - before the 23rd of June. Now, since ours is not effective until the 23rd of June, then how can we be grandfathered in? Mrs. Dougherty: We are not grandfathering in anybody. There is no grandfathering! Mayor Ferre: So in other words, I don't understand what an effect I think Alice Wainwright was saying that in effect from a legal position ... Mrs. Dougherty: They thought that the City Commission was going to grandfather in existing signs, but there aren't any existing signs under this ordinance that can be grandfathered in. I don't know - I am not sure where the argument came from. Mayor Ferre: Rumors as usual pr,)blem with this, so in effect, in other words, what we are doing is we are passing this today, if it passes by a majority, it goes into effect in 30 days, and the County comes in and passes theirs, then that stops it. Is that it? Mrs. Dougherty: That is right. We would not be permitted to process applications. Mayor Ferre: Unless the applications are in before ... how can they be in before if it doesn't go into effect for 30 days? So, in effect, if the County is right and legal in what they have done, then they in effect have stopped us. Mrs. Dougherty: That is correct. Mayor Ferre: Well, I am readw to vote - okay. In think I understand the picture. Let me, since it is my turn to make a statement - I want to say three things. First of all, I have been, and am, and will continue to be unalterably opposed to any signs anywhere in Miami's highways, streets, or otherwise. That is my position. I would like to say on the record that the implication by the Miami Herald and the Miami News editorials is that for some strange reason the fact that Phil Hammersmith represents one of the advertising companies, that that somehow implies that I am involved in all of this, and I want to just say on the record that when Mr. Hammersmith came to see me to inform me that he was going to represent one of these companies, I told him that I wanted him to know that I would be voting against him and that I would not be changing my position on this. I don't think that I have a right, no matter how good a friend of mine Phillip Hammersmith is, to insist or impose upon him, George Knox, or anybody else that has been, is, or will be my friend and also is involved in City of Miami government, or has been, directly oc indirectly, as to what they can or cannot do. I think it is patently unfair for the implications that have been made. Thirdly, I want to point out that I think Commissioner Dawkins makes a very cogent argument about the lack of --oncern of people heretofore, (and I am not talking about you, Alice) of others, who all of a sudden rise in indignation when all of these signs have ld 48 May 23, 1985 I been proliferating around mainly in the poor communities, Mainly the Black communitier, of Miami and nobody complains about that and I think that ... and I said I was not talking about you ... but it seems to me there is an argument - there is a strong argument. Now, my counter argument, Miller is that two wrongs don't make a right, and the fact that that is true, and I think you are right, there is an inconsistency, perhaps a hypocrisy about the whole thing, but that doesn't make the other argument correct. I would say that this reminds me once again, Mrs. Wainwright of Anatole France's famous statement - "That I am continually amazed at the indignation and the fairness of French justice that punishes the rich and the poor equally for sleeping under the bridges of Paris", and I think this is a typical case, in my opinion, of that, and I think Commissioner Dawkins has rightfully pointed this matter out in that sense. Now, lastly, Mr. Lester Pancoast, who evidently had to leave, and to you, Mrs. Wainwright, I remember when we talked, we met about this, you said there was no compromise. Well, I have gone along with that and have gone along with your wishes. I think that when it is obvious that this is going to pass, that I think ... at least in the City's point of view, and I don't know whether the Metro action will hold up in court, or what is going to happen, but it seems to me that my colleagues, as strongly as I am opposed to what they are doing, have to this extent acted responsibly in that have gone through a very series of restrictions - J. L. Plummer, in particular. I've got to tell you I was very surprised three months ago when J. L. Plummer came up with these things and I need to commend him because in effect, he has in a great degree substantially curtailed the size and magnitude, the placing of these boards, so even though I will be voting against it and I am opposed, I think that there has been a sincere attempt to compromise, to limit the harm to the minimum. However, I want to point to the record that that is like saying that instead of giving you three ounces of strychnine poisoning, we will only be giving you one ounce of poisoning and I don't think in the long run think that it makes it any more palatable and for that reason I will be voting against this motion. Any other statements? Call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-539 A MOTION DIRECTING THE CITY ATTORNEY TO INCORPORATE INTO THE BODY OF THE MAIN ORDINANCE ALL PROPOSED AMENDMENTS, IN CONNECTION WITH PROPOSED SECOND READING ORDINANCE REGULATING OUTDOOR ADVERTISING SIGNS, AS MORE FULLY DISCUSSED BEFORE THE COMMISSION ON THIS ATE, THOUGH BASICALLY COVERING THE HEREINBELOW POINTS: 1. THE 1,500 FEET DISTANCE REQUIREMENT WOULD APPLY TO ALL SIGNS FOR ALL THOSE SIGNS APPROVED PURSUANT TO THIS ORDINANCE; 2. IN SUB --PARAGRAPH 6„ REGARDING THE EFFECTIVE DATE, IT WAS AMENDED TO READ "WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDINANCE". Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote- 1d 49 May 23, 1985 El GI AUSt COM%issioner bemetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES.. Mayor Maurice A. Ferre ASSENT: None. Mrs. Dougherty: That was on the ordinance as amended. Mayor Ferre: What was that? Mrs. Dougherty: Was that on the ordinance as amended? Mayor Ferre: I am voting "no" on the ordinance as amended. All right, well you need to read the ordinance. That is the issue, or otherwise it is not legal. Mrs. Dougherty: I thought you were voting on the amendment only - my amendment. Mayor Ferre: Oh, I see. All right, okay, now we will take up the main ordinance to make it totally legal, I understand. Is there a motion on the main ordinance as amended? That previous motion s was for the amendments. Mr. Carol'-o: The previous motion was the amendments. Mayor Terre: Now, for the main motion of the ordinance. Is there a motion? Is there a motion on the ordinance presented? Lastly, and for the third time, is there a motion on the ordinance as presented? There being no motion for the ordinance, where do we stand legally? i e Mr. Carollo: You are saying a motion and the complete ordinance, Mr. Mayor? Mr. Plummer: The total ordinance. Mayor Ferre: Of cour>el i r Mr. Carollo: There is a motion for the total ordinance. Mayor Ferre: There is. All right, is there a second? Mr. Perez: Second. Mayor Ferre: Perez seconds, as amended. Read the ordinance'. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ZONING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS, AND REQUIREMENTS" TO CLARIFY OUTDOOR ADVERTISING SIGN HEIGHT, ESTABLISH METHODS OF SIGN CONSTRUCTION, PROHIBIT FLASHING LIGHTS AND MOVING PARTS, REQUIRE ALL SIGNS TO BE OF UNIPOD CONSTRUCTION WITH NO MORE THAN TWO SIGN FACES, INTRODUCE A SIGN SPACING REQUIREMENT ALONG LIMITED ACCESS HIGHWAYS AND EXPRESSWAYS, ALLOW OUTDOOR ADVERTISING SIGNS TO BE VIEWED FROM AND LOCATED WITHIN 600 FEET OF LIMITED ACCESS HIGHWAYS AND EXPRESSWAYS; AND CLARIFYING APPLICABLE SIGN AREA OF OUTDOOR ADVERTISING SIGNS BY PROVIDING APPROPRIATE REVIEW STANDARDS, PROCEDURES AND CONDITIONS, AND ESTABLISHING SPACING REQUIREMENTS FOR OUTDOOR ADVERTISING SIGNS ALONG FEDERAL -AID PRIMARY HIGHWAY SYSTEMS; FURTHER, AMENDING PAGE 5 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, CG GENERAL COMMERCIAL ZONING DISTRICTS, BY REQUIRING COMPLIANCE WITH STANDARDS AND REVIEW PROCEDURE OF SPECIAL EXCEPTIONS, WITH CITY COMMISSION APPROVAL, FOR CERTAIN OUTDOOR ADVERTISING SIGNS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of April 18, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo r NOES: Mayor Maurice A. Ferre z ABSENT: None f THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9993. 6 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: All right, now there is some additional ... Plummer, start with yours. Mr. Plummer: Mr. Mayor, two amendments that I offer - one would be the amendment ... Mayor Ferre: These are not amendments, Plummer. The ordinance has already passed. Mr. Plummer: All right then, Madam City Attorney .,. Mrs. Dougherty: Yes, sir. It could be resolving to request the City Planning Department to initiate new amendments to the ordinance. ld 51 May 23, 1985 I i r- Mr. Plummer: The first one being that none be permitted on the east side of the Expressway and the second one that the landscaping plan as approved, must be maintained, or it will be subject to revocation of the permit. Mr. Carollo: Okay, yoti were saying the east side of the Expressway - what, J. L.? Mr. Plummer: There would be no billboards permitted on the east side of the Expressway - from the Expressway east to the water. Mayor Ferre: Do you want to make this separate, or the same? _ Mr. Carollo: If I may, J. L. , if 1 can read the amendments that I have, this might satisfy part of what you have. _ Mr. Plummer: Oh, all right, fine. Mr. Carollo: This is a copy that I passed ')ut. Let me read it briefly into the record. "A Resolution requesting the City's Planning Department to initiate an amendment to the the ordinance that was approved on first reading, and now today on second reading, as Item one, which ordinance would authorize, subject to compliance, the ordinance provisions, the erection of new outdoor advertising sign structures, said amendment to incorporate the following intentions and considerations: (a) The allowable number of new sign structures shall be limited to 10; (b) the designation of the eligible area for new sign structure erection extending 600 feet from Expressway right-of-ways shall be reduced to 200 feet and (c) no new such sign structures shall be located east of Interstate Highway I-95 between 36th Street and U. S. I. That covers the whole ... Mayor Ferre: You mean 36th Street to the north and U. S. Number 1 to the south. Mr. Carollo: Right, teat covers the whole downtown sector. Mayor Ferre: But then you could put it east of the Interstate as you get into the northern north part of the City, is that it? Mr. Carollo: That is correct, Mr. Mayor. What this is doing, it is protecting the view of downtown Miami and this is the main area where it will be effective, from 36th Street up to U. S. 1 It is protecting downtown and all of Brickell. Mayor Ferre: Since I recognized Mr. Plummer first and he did make a motion, out of courtesy to him. I need to ask him - this is different in the sense that your had all east. This is only up to 36th street, and yours was from the maintenance of the location and landscaping. Mr. Carollo: I think J. L.'s intent, and correct me if I am ' wrong, Commissioner, was to protect the downtown skyline and the Brickell Avenue skyline. This in effect will. do what he wants to do, if we cut if off at 36th Street. Mr. Plummer: No, that portion is not acceptable. Joe, what my intent was was to protect the vistas from the Expressway over to the water. That was my intent. ld 52 May 23, 1985 a Mayor Ferre: Ali right, that out of ....... Mr. Plummer: So, I would appreciate, on the three items that you do them on an individual basis. Mayor Ferre: Separately? All right, let's do them one by one. Mr. Plummer: The first two are acceptable to me, Mr. Mayor, of course. Mayor Ferre: Do you want to stand on your motion then? _ Mr. Plummer: Well, if you think ... Mayor Ferre: Repeat your motion and see if we get a second, and then I will recognize ... Mr. Plummer: Just go ahead and vote on this one, but separate the third item from the other two. Mr. Carollo: In other words, separate "C" Okay, let's vote on this one with "A" and "B", separating "C". Mr. Plummer: Correct. Mayor Ferre would like tour motion•then no longerthe standsion. - you then concede the floorY Mr. Plummer: That is fine, sir. Mayor Ferre: ... and then Carollo's motion now is to vote on his resolution "A" and "B" and not on "C" at the time being. Is there a second? Mr. Dawkins: Second. Mayor Ferre: All right now, let me ask you this. It is bad enough that we have these signs 600 feet from the Expressway right-of-ways and now you are going to make it 200 feet? Mr. Plummer: Well, as proposed in the original ordinance, it was what - 35 feet? Mayor Ferre: Well, why are we going from 600 to 200 feet? Mr. Carollo: What we are doing ... no. Mrs. Dougherty: You are limiting the amount of space in which they can be located. —im 2 Mts. Dougherty: They can now be located everywhere within 600 feet and 1,500 feet apart now is ... Mr. Carollo: This will strengthen the ordinance that we have. It would much more reduce the available spaces that will be available. See, right now you could build a new structure up to 600 feet away from the Expressway. What this would do is reduce the locations where you could put the signs. Mayor Ferre: Let me understand this - this 200 feet aspects of it - how close to the Expressway can the sign be? Mrs. Dougherty: As close as they want to now, but the difference is ... Mr. Plummer: Except the 50 foot barrier. Mayor Ferre: Instead of going 600 feet back, they are now going 200 feet back, but it can be anywhere ... Mrs. Dougherty: Right, so ... it wasn't the requirement that they be 600 feet. They could locate anywhere within the ... Mayor Ferre: I understand. was zero to 600 feet ... Mr. Carollo: Right. So in other words, before it Mayor Ferre: Now it zero to 200 feet, so that has got to be an improvement. Mr. Carollo: Sure, definitely. Mr. Plummer: Which is in effect reduces the amount of locations available. Mayor Ferre: All right, is the motion clearly understood? Mr. Carollo: This probably cuts it, Mr. Mayor, I don t know, maybe as much as by 90%. Mayor Ferre: I again, will be voting against this as a matter of principle, but I do think that I commend you for putting in further restrictions, which makes it even more restrictive. All right, is there further discussion? Call the roll. 0 The following Yesolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-540 A RESOLUTION REQUESTING THE CITY'S PLANNING DEPARTMENT TO INITIATE AMENDMENTS TO THE NEW "BILLBOARD ORDINANCE" (ORDINANCE NO. 9993) THAT WAS ADOPTED ON SECOND AND FINAL READING MAY 23, 2985, WHICH ORDINANCE AUTHORIZES, SUBJECT TO COMPLIANCE WITH THE ORDINANCE PROVISIONS, THE ERECTION OF NEW OUTDOOR ADVERTISING SIGN STRUCTURES, SAID AMENDMENT TO INCORPORATE THE FOLLOWING INTENTIONS AND CONSIDERATIONS (A) THE ALLOWABLE NUMBER OF NEW SUCH SIGN STRUCTURES SHALL BE LIMITED TO 10; (B) SHALL BE SUBJECT TO PERMIT REVOCATION IF APPROVED LANDSCAPING PLANS .ARE NOT FOLLOWED OR SITE IS NOT PROPERLY MAINTAINED; (C) THE DESIGNATION OF THE ELIGIBLE AREA FOR NEW SIGN STRUCTURE ERECTION EXTENDING 600 FEET FROM EXPRESSWAY RIGHTS -OF -WAY SHALL BE REDUCED TO 200 FEET; (D) NO NEW SUCH SIGN STRUCTURES SHALL BE LOCATED EAST OF INTERSTATE HIGHWAY 1-95. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None j ON ROLL CALL: Mr. Plummer: On the two, "yes". Mayor Ferre: I vote"no" and for the same reasons as previously expressed. i Mr. Plummer: My motion then, Mr. Mayor, would be that no billboards be permitted on the east side of the Expressway in the City limits of Miami. Mayor Ferre: All right, is there a second to that motion? i Mr. Plummer: That is the I-95. Mr. Dawkins: Second. Mayor Ferre: All right, further discussion on the motion as presented? All right, call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION No. 85-541 A MOTION DIRECTING THE PLANNING DEPARTMENT TO INITIATE NEW AMENDMENTS TO THE EXISTING BILLBOARDS ORDINANCE WHICH WOULD REQUIRE THAT NO BILLBOARDS SHALL BE PERMITTED ON THE EAST SIDE OF THE I- 95 EXPRESSWAY WITHIN CITY LIMITS. Id 55 May 23, 1985 Upon being seconded by Commissioner Dawkins, the bbtioh W&A p&ssed and adopted by the following vote - AYES! Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. I erre ABSENT: None. ON ROLL CALL: Mayor Ferre: I vote "no" for the reasons stated before. Mr. Carollo: Well, how can you vote "no", Mr. Mayor, when t ofit to this this is doing what you want? You want to vo a ye one. Mayor Ferre: Commissioner Carollo, I don't tell you how to vote. The times that I tried to do it, you stopped me and I would request that the same courtesy be extended to other members of this Commission. Mr. Carollo: Hey l Hey, Maurice, that is fine. I am just trying to show you ... Mayor Ferre: I don't think this is a joke. Mr. Carollo: We are voting with you on this one. You know, if you want to be touchy about it, hey, I am sorry! Mayor Ferre: No, I don't want to be touchy. I do think that it is important ... this is a serious matter, this is not a matter for joking. Mr. Carollo: No, I am not joking, you know. If you got up the wrong side of bed this morning, I am sorry! Mayor Ferre: Oh, I think this is a serious matter, and I don't deal lightly with matters that I take to be very serious. Now ... Mr. Carollo: Okay, Maurice, get serious. Go ahead. Mayor Ferre: All right, Mr. Plummer, you have one more motion that you want to ... Mr. Plummer: Mr. Mayor, I would ask the City Attorney to word it, that basically that the landscaping plans that are approved, carry with it a responsibility of maintenance, and at any such time as the City Building Department reports that it is not being maintained properly, that it would be subject to revocation of that particular permit. Mrs. Dougherty: Commissioner Plummer, I don't think I can improve on that. Mr. Plummer: Can I make $80,000 a year as the City Attorney? Okay, thank you. I offer that in the form of a motion. Mayor Ferre: Is there a second to that motion? Mr. Dawkins: Second. Mayor Ferre: Is there further discussion on this? Mr. Carollo: Can you go over the motion again? ld 56 May 23, 1985 WA Mayor Perre: Repeat the motion. Mr. Plummer: The motion is that according to this now, they have to supply with us with a landscaping plan to be approved. What I am adding is the responsibility of maintaining that landscaping plan and that anytime that they don't and reported by the Building Department, it would be subject to a hearing for the revocation of that permit. Mayor Ferre: Who is the judge on this? Mr. Plummer: We, the Commission would be the judge. Mayor Ferre: Who is the accuser? I mean, who ... Mr. Plummer: The Building Department. Mayor Ferre: The Building Department would be responsible. Mr. Plummer: I am assuming, or Code Enforcement Board what would be the appropriate ... Mrs. Dougherty: For the revocation of the permit, I think you all ought to be it. Mayor Ferre: No, that is ... Mrs. Dougherty: Fine, if it would be a fine would be the Building Department. Mr. Plummer: Okay, the Building Department. i Mrs. Dougherty: The Inspector. Whoever the Manager says. Mayor Ferre: Further discussion on the motion now that is has been clarified. Call the ro] !. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-542 i A MOTION STIPULATING THAT THE I LANDSCAPING REQUIREMENTS APPROVED BY THE COMMISSION TO BE PLACED AROUND j BILLBOARDS, SHALL CARRY A REQUIREMENT THAT EACH BILLBOARD APPLICANT SHALL HAVE TOTAL RESPONSIBILITY FOR THE PERMANENT UPKEEP AND MAINTENANCE OF SAID LANDSCAPING; FURTHER STIPULATING THAT IF THE ZONING INSPECTION DIVISION MAKES A FINDING THAT SAID REQUIREMENT WAS NOT BEING COMPLIED WITH, THE PERMIT FOR THE BILLBOARD WOULD BE SUBJECT TO REVOCATION AT A HEARING BEFORE THE CITY COMMISSION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None. ON ROLL CALL: ld 57 May 23, 1985 Mayor Ferre: For the reasons expressed before, as a Matter Of principle, I vote "no Mayor Ferre: All right, is there anything else to come up on this matter? If not, we stand adjourned. .--- ►----------------------------------------...------------ i. 21. PRI3SBNTATION MADE TO COKKISSIONER DEMETRIO PEREZ, JR. (POTTY TRAINER AWARD) Mr. Plummer: Mr. Mayor, I have a presentation to make. Mayor Ferre: All right. Mr. Plummer: Mr. Mayor, as you know, there is a world famous club known as the Manatee Bay Club and that Manatee Bay every year makes a presentation to a number - I've got one, you have got one, called the Potty Trainer Award. We know of reading in the newspaper, and I am very sorry now I didn't make the trip to Paris, so I would have known about the rich and the poor under the bridge, but some of the research that I read that was done by my colleague, Commissioner Demetrio Perez, we would like him to be aware Mayor Ferre: I invoke the five day rule. We are only addressing serious matters according to the strict orders of the Chairl Mr. Plummer: I have been the recipient of this award for a year, and we have an agency known as the off -Street Parking Authority, who I now would like to impart this trophy for one year to Demetrio Perez' office, and if they would bring that in, we would like to show you, Commissioner, that while you were in Paris, that we did in fact, have a lot of research here locally being done and that the matter is well in control, and that there is a City agency that is in fact, administering the enforcement. Where is it? So, you get it for one year. I've had it for one year and it is now yours for one year. We will have the plaque ... i Mayor Ferre: Does it work with quarters, or does it work i with francs? Mr. Plummer: Mr. Mayor, it depends on how quick you are. If you are a minute man, it is less than a quarter. j Michael, I was saving this next year for Ribs and Roasts, but I just couldn't pass it by. Where is it? ii Mayor Ferre: It follows the typical efficiency of your I office, Plummer! Mr. Plummer: They are trying to pick it upl And Demetrio, you have to display this in your office! Mayor Ferre: If it weren't for the honor of it all, he would rather ...skip it. Mr. Plummer: Here it comes! Would you put it up here on the table - we don't want you to put it out too far. We want you to be here for this unveiling - The Demetrio Perez _ Potty Trainer Award, for the research ... just put it there on the table over there will be fine. No, the other way! Would you please have the unveiling for Demetrio? Pay toilets are not a new thing, and we want you to know, Demetrio, that you get this award for one year, I thought it ld 58 May 23, 1985 0 was only appropriate. Would you please put the first (quarter in it? (LAUGHTERI) Turn the handle! NOTE FOR THE RECORD: COMMISSIONER DEMETRIO PEREZ ENTERED THE MEETING AT 2:50 PM. ..----------------------------------------------------------- 22. FIRST READING ORDINANCE: Apply 1610 HC-4: COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT to Dupuis Medical Office and Drugstore (6041-45 NE 2nd. Ave.) ------------------------------------------------------------- Mayor Ferre: We are on Item #2 which is the next scheduled agenda item. This is a Planning Department matter. I will only... if it becomes controversial and we need all five members of the Commission, then I will skip over it and come back to the next item, but we are now on Item #2. This is the Planning Department. This is the medical office and drug store meets several historical criterions. Most notably was first concrete building built North of Downtown Miami and we want to... did the owners of the property request this? Mr. Plummer: Mr. Mayor, you were supposed to ask the question is everything in order? Mayor Ferre: I'm sorry. Is everything in order? Mr. Plummer: Mr. Mayor, I am happy to preserve a history and a part of this community by making a motion on Item #2. Mayor Ferre: Is there a second? Dawkins seconds, is there further discussion? All right, read the ordinance. All right, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-4: COMMERCIAL AREA HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "DUPUIS MEDICAL OFFICE AND DRUGSTORE," LOCATED AT APPROXIMATELY 6041-45 NORTHWEST 2ND AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; ADOPTING AND INCORPORATING BY REFERENCE THE "DESIGNATION REPORT," AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 14 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. gl 59 May 23, 1985 CONTINUED CONSIDERATION OF PROPOSED RESOLUTION re PETITION/REQUEST FOR VACATION /CLOSURE of portion of NW - 5 and 6 Ave., NW Ct., NW 11 Terr & NW 12 & 13 Sts.; SCHEDULE FOR PUBLIC REARING. ------------------------------------------------------------ Mayor Ferre: We are now on Item #3. Mr. Plummer: Mr. Mayor, I would like to ask on $3 that we not act upoi) that today. We keep in mind the history of the problem we ran into at Edison and that this be scheduled for a public hearing. I think it is only right that if we all remember how we got burnt at Edison High School by the people saying that we thought it was only temporary. You didn't have a public hearing and I would ask Mr. Mayor, that we keep ourselves out of trouble by rescheduling this for a public hearing at a date certain with an advertised... Mayor Ferre: All right, there is a motion on the floor that Item 3 be continued and that it be specifically scheduled for a public hearing at the appropriate time hopefully at the next meeting. Mr. Plummer: That will be fine, sir. I so move. _ Mr. Dawkins: Second. Mayor Ferre: All right, is there any problem that you have with that? Ms. Della Hatch: The only problem I... i Mayor Ferre: We need your name and address for the record. Ms. Della Hatch: My name is Della Hatch. I'm Assistant Specialist of Site Planning for Dade County Public Schools, 489 East Drive, Miami Springs. The only problem I foresee is that we intend to turn in the final plat tomorrow and we cannot have final plat without the streets being closed is my understanding. Mr. Plummer: Well, I'm very sorry for you my dear, but we i did this up at Edison with the full intention that it was going to be a temporary situation. It was closed permanently and this Commission got roasted alive and I have to tell you rightfully so. And I for one. I can't speak for others, but I am not going to go through this process without a public hearing. i Ms. Hatch: We did have a public hearing before the Zoning Board as well as we had a meeting with the community outside of the public hearing. Mr. Plummer: No, Ma'am. A scheduled public hearing. Mr. Dawkins: All right, most of these abut the expressway, don't they. Ms. Hatch: Yes. Mr. Dawkins: So, they are already closed. What's our problem? Ms. Hatch: These are streets... a lot of them are within that area that we have acquired and that is the reason we 91 60 May 23, 1985 42k ,i; L] &fe here. They come up to the expressway, but inside there they are still open and the school is scheduled to be built fight on this eastern side. Mr. Plummer: ,I will call the question Mr. Mayor. Mayor Ferre: Hold on. Are you through now, Miller? Mr. Dawkins: Yes. Just have everybody here so can get this over with at the next meeting. Ms. Hatch: Fine. Mayor Ferre: All right, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-543 A MOTION TO CONTINUE CONSIDERATION OF A PETITION/REQUEST FOR THE VACATION/CLOSURE OF A PORTION OF N.W. 5TH AND 6TH AVENUE, NW 5TH CT., NW 11 TERR., AND NW 12TH AND 13TH (AS A CONDITION OF APPROVAL OF T.P. 1240-A- "BROOKER T. WASHINGTON JUNIOR HIGH"); FURTHER DIRECTING THE ADMINISTRATION TO _ ADVERTISE AND SCHEDULE THIS ISSUE FOR A PUBLIC HEARING AT THE APPROPRIATE TIME, ` HOPEFULLY AT THE NEXT MEETING. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre 3 NOES: None. i ABSENT: Vice -Mayor Joe Carollo -------------------- ---- ---------------------------------- 24. CONTINUE CONSIDERATION OIL PROPOSED RESOLUTION ON REQUEST FOR OFFICIAL VACATION/CLOSURE OF MIAMARINA PARKWAY DRIVE. (Later passed in this same sleeting as R-85-550). ---------------------- ------------------------------------- { Mayor Ferre: We are now on Item #4. Mr. Plummer: I do the same Mr. Mayor, there is a lot of people that are going to up set about this. There is not a one of them here. I would say that this likewise should be scheduled for a public hearing. I know these charter boat ' men are going to go out of their gourd when they find out about it. I have already received... Mayor Ferre: Put the right map up would you please. You want to speak to this? Mr. Plummer: You can bet your bippy that Dan Kipins would be here if he knew about it. Ok. Now, I'm just saying that's why we ought to have a public hearing. A scheduled public hearing. gl 61 May 23, 1985 Al Mayor Ferre: There is a motion that Item 4 be... is theta any reason... we are not going to lose any UUAG grants or have any major tragedies. Mr. George Campbell: I don't know. Mayor Ferre: Well, you ought to know. If you don't knows then find out somebody who does know. Mr. George Campbell: John Gilchrist would be able to tall us that better than I. Mayor Ferre: Well, would John Gilchrist... Mr. Campbell: I will get a hold of him and have him come in if you want to continue this until later. He is on his way. Mr. Pereira: He is on his way. Mayor Ferre: Well, let's just skip over this then J. L,* make sure we are not going to... Mr. Plummer: Well, let's go ahead and call the roll and if there is a problem we will come back and reconsider. Mayor Ferre: All right, there is motion by Plummer, is there a second? Mr. Dawkins: Second. Mayor Ferre: Discussion on the continuance and that we will do this at a public hearing properly advertised at the earliest possible opportu►.4ty, call the roll. THEREUPON THE FOREGOING MOTION was designated MOTION NO. 85- 544 was introduced by Commissioner Plummer and seconded by Commissioner Dawkins was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo (SEE LATER RESOLUTION NO 85-550). ------------------------------------------------------------ 25. PERMIT PROPOSED DRIVE-IN FACILITY FOR Tt3E 'FL)RIDA NATIONAL BANK' AT APPROXIMATELY 2501 SW 37 AVE (aka Douglas Rd.). Mayor Ferre: The next one is Matthew Pasawicz. Mr. Plummer: Mr. Mayor, this is my item as you know. My concern about drive-ins. if this one were to be applied for after the recent amendment it wouldn't even be here they have provided more than adequate reserve. I move Item 5 be approved. Mayor Ferre: Ok. Is there a second? Further discussion? Call the roll on Item... No, wait. Who seconded it? Did you. No. Is there a second to Item 5? gl 62 May 23, 1985 r 1 Mr. Dawkins: Second. Niayor Ferre: All right, it's been seconded+ further discussion? Call the roll on Item 5. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-545 A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-INLOCATEDFACILITIES 2501TSOUTHW SOUTHWEST FLORIDA 37NATIONAL BANK THAVENUE MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the ''ollowing vote- . r.. �i__"a."i Geri r'."i ."fi.Y ". "-P-ir- G G. - 26, ACCEPT PLAT: PAPANICOLAOU TRACT' (NW 14 ST & NW 12 AVE . Mayor Ferre: We are on Item 7. County Papanicolaou Tract. Mr. Plummer: Move it. This is applicant by Dade Mayor Ferre: Moved by Plummer, is there a second? Seconded by Perez, further discussion on the plat? Call the roll on 7. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-546 A RESOLUTION ACCEPTING THE PLAT ENTITLED "PAPANICOLAOU TRACT", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo the ------------------------------------------------------------ 27. ESTABLISH DATE FOR PUBLIC HEARING re ISSUANCE OF DEVELOPMENT ORDER FOR BRICKELL SQUARE PROJECT PHASES II AND III (D.R.I.) AT APPROXIMATELY 845-999 BRICKELL AVENUE. Mayor Ferre: The next one is setting a date for a public hearing. Mr. Plummer: I want to ask a question. Is Brickell Square different than 1111 Brickell Project? Mr. Rodriguez: Yes, sir. Brickell Square is Tishman -Spire. Mr. Plummer: Is what? Mr. Rodriguez: Tishman -Spire. Mr. Plummer: Where is that? Mr. Rodriguez: It's on Brickell and 8th. It's the second and third phase of the building which is now under construction. gl 64 May 23, 1985 Mgt. PIUMmer t bk. Mayor Ferret Is 'there any problem now? Mr. Plummer: No, sir. I will move B. Mr. Dawkins: Second. Mr. Rodriguez: July 25th 3:30 P.M. Mr. Plummer: What? Mr. Rodriguez: July 25th at 3:30 P.M. Mayor Ferre: There is a motion and a second, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-547 A RESOLUTION ESTABLISHING JULY 25, 1985, AS THE DATE FOR A PUBLIC HEARING CONSIDERING ISSUANCE OF A DEVELOPMENT ORDER FOR THE BRICKELL SQUARE PROJECT, PHASES II AND III, A DEVELOPMENT OF REGIONAL IMPACT TO BE LOCATED AT APPROXIMATELY 845-999 BRICKELL AVENUE, AND DIRECTING THE CITY CLERK TO NOTIFY APPROPRIATE AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Ue-netrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo ------------------------------------------------------------ 28. ESTABLISH DATE FOR PUBLIC HEARING TO CONSIDER ISSUANCE OF A DEVELOPMENT ORDER FOR 1111 BRICKELL PROJECT (D.R.I. AT APPROXIMATELY 1111 BRICKELL AVENUE. ---------------------------------------------------------- Mr. Plummer: Mr. Dawkins: Mr. Plummer: Mr. Dawkins: Mr. Plummer: Mr. Rodriguez: Mayor Ferre: Mr. Dawkins: You got a problem with 9, Miller? It wasn't in my packet. Move to defer it. Did anybody else find it in their package? Second the motion. If I may on this Mr.... Well, why wasn't it in the package? You got it in your package? gl 65 May 23, 1985 Myor Ferre: No. Mr. Plummer: Well, but usually you don't get touch backup material Miller with it just to set a hearing date. Mayor Ferre: I sorry. I stand corrected, there is a nine here. Mr. Rodriguez: Basically, this issue is to set up a meeting date of July 25th for a hearing at 3:30 P.M. Mayor Ferre: Set the date then for what? July 25th? All it does is sets up the public hearing. Right? Mr. Rodriguez: Right. Mayor Ferre: Is there a motion? Mr. Plummer: Move it. Mayor Ferre: Second. Further discussion, Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-548 A RESOLUTION ESTABLISHING JULY 25, 1985, AS THE DATE FOR A PUBLIC HEARING CONSIDERING ISSUANCE OF A DEVELOPMENT ORDER FOR THE 1111 BRICKELL PROJECT, A DEVELOPMENT OF REGIONAL IMPACT TO BE LOCATED AT 1111 BRICKELL AVENUE, AND DIRECTING THE CITY CLERK TO NOTIFY APPROPRIATE AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo NOTE FOR THE RECORD: Agenda Item 10 - Discussion of Claughton Island Development Order was DEFERRED. 29. DISCUSSION REGARDING "SUPER SAVE SUPERMARKET, INC." --- RELATED DISCUSSION re FUNDS FOR OPERATION OF PRIOR SUPERMARKET. ------------------------------------------------------------ Mayor Ferre: Mr. Plummer: Mayor Ferre: that? How about 24. No. Super Saver. Do we need Carollo on that one? What are you going to do with gl 66 May 23, 1985 Mr. Pereira: We are requesting Mr. Mayor, that I have an Opportunity of working with the OEDC in basically going through several steps evaluating the... getting a complete financial analysis of the operation, doing an audit and feasibility study, look at the facility right now and determine, you know, all the relevant market factors that go into this, into having a store of this kind. The City and the administration's position is really to continue the support of a grocery store in the Overtown Shopping Center and that needs to be made perfectly clear. You know, we want to have the concept of the store to be there. What we want to do is to have the opportunity to review all of the factors that are involved in this issue and then come up with a process where we will select an operator that is going to be successful in carrying out the functions of this super market and that's where we are right now and we want that opportunity. Mr. Plummer: Just don't get us in the grocery business. Mr. Pereira: No. That's what I'm trying to avoid. Trying to select... go through several steps in analyzing the financial data, the marketability so on and so forth and then come up with the selection of, you know, organization, individual, whatever it is to continue the operation of the supermarket. Now, I believe that we can do this in a relatively short period of time and that does not mean that we are not going to evaluate if the present, you know, the people who had run it, if they have a counter proposal or the OEDC. We want to evaluate everybody that is interested and come back, to you with a recommendation. Mr. Dawkins: Ok. Mr. Manager, is there a gentleman here from Miami Capital? Mayor Ferre: Anybody here from Miami Capital? Mr. Plummer: He was here. Mr. Pereira: No, he was here. He spoke with me this morning. Mayor Ferre: Were they asked to be here? i Mr. Dawkins: No, he was just here. The only... I got two concerns and I wish you would clear them up when you come back. Number one, the gentleman from Miami Capital says that Miami Capital advised that a supermarket of that size not be funded. Ok. Find out if that's true for me or not. Also, I have been in contact with two chains and according to them which I don't understand, their feasibility study i says that that area will not support a grocery store with that square footage, that they have some kind.., and this again, I need for you to check for me. That they have a square foot per... and each square foot produces "X" number of dollars and they just say it's too many in there for the people we have moved out of the etc. So, those of the kind of things I would need answers to. Mr. Pereira: That is exactly what we are going after Commissioner and I spoke with the gentleman from Miami Capital this morning and explained this process that we were going to follow and he agrees that that is the right procedure to go through and those of the kinds of questions that we want answers to before we come and say this is the course action that we are going to take. Mr. Dawkins: Thank you, Mr. Manager. Mayor Ferre: All right, we are now on Item #25... gl 67 May 230 1985 ff MEN Mr. Dawkins: .lust a minute. Mayor Ferre: Go ahead. Mr. Dawkins: Attorney McKinney, you said that you were here to bring something to our attention sit. Give your name and address please. Mr. Robert McKinney. Yes. My name is Attorney Robert McKinney, 507 Northeast 38th Street. I'm a member of the Overtown Economic Development Corporation. Commissioner Dawkins, it was my understanding through the board meetings that we had had at OEDC that in fact OEDC had made an application to the City of Miami requesting funds for the operation of the Sumer Saver Supermarket in the shopping center by OEDC. Now, Mr. Cash who is Chairman of the board is here. Also, Mr. Joe Wilson who is the Executive Director is also here and it's kind of difficult for me to follow the discussion as to other individuals at this time being considered for operation of that particular supermarket. It was my understand that OEDC had made an application and was requesting funds to run it. Mr. Dawkins: Ok. What the Manager said was he... after they made a... another group made an application and another group. So, he has to evaluate all of them to determine which of those he received can be considered and if that one considered can do an adequate job at it. Then he said he can't advise the Commission what route to take until he has evaluated the request or proposals or whatever. So... Mr. McKinney: I understand Commissioner Dawkins, but in fact OEDC is in the position of being a landlord at that particular shopping center and if in fact the City Commission makes a decision to allow other individuals to operate the shopping center, I think there made be some conflict when OEDC is saying in fact they are going to operate it themselves. Mr. Dawkins: Ok. May I ask you one question and I will be finished? Are you saying that if an entity comes to us with money to operate the store that we should not take the money and let OEDC operate it? Mr. McKinney: The only thing that I can say is based on the board meetings that I have attended and what we did in our board meetings... Mr. Dawkins: Oh, I'm sorry. I'm sorry. Ok. I'm sorry. All right, I hear you now. I hear you. Mr. McKinney: Only what we have done in our board meetings. Mr. Dawkins: Ok. I here you, you are speaking for the board. I hear you. Ok. Mr. McKinney: As a representative of the board, but I really would li'rie to have Mr. Cash or Mr. Wilson address it, but I have r.Pr:n .� n the last several board meetings in reference to this particular issue and 41. was just my understanding '_har :ADC wanted to operate the... Mr. Cash do you want to ad6 c,•ss that now? NOTE FOR THE RECORD: VICE -MAYOR JOE CAR:)LLO ENTERED THE MEETING AT 3:06 PM. f Mayor Ferre: All right, yes, sir. 68 .May 23, 1985 IT Mt, Joseph Wilson: Yes. My name is Joseph Wi: on. I'm the Director of Overtown Economic Development Corporation. In obnjunction with the supermarket that's located in the shopping center, we have had an opportunity to speak to a couple of auditors to find out exactly what the problems have been with the failure of that particular entity. We found out that there are enough people who live in the Overtown area to support that supermarket. We were having a number of cash register rings per day, was averaging about five thousand six hundred cash register rings per day, but the average sale was only three dollars and nine cents, because the operators did not have enough inventory on the shelf to satisfy the total needs of the shoppers. Now, we know that we can bring those total sales up to better than fifty/fifty-five thousand dollars per week and would make it a very viable and successful package. There is a great need for the supermarket in that area, but I think that after the Manager talk to Miami Capital because they have the auditors there, that they will find out statistically that it is a good project and can be successful, but we need to bring the facts in. Ok. Mayor Ferre: Thank you. Anything else on this item? Thank you, very much. We are now on Item #6. ------------------------------------------------------------ 30. REC09SIDERATION OF PRIOR CONTINUANCE OF AGENDA (4) - GRAN'.` REQUEST FOR OFFICIAL VACATION/CLOSURE OF MIAMARINA PAR" AY DRIVE (O.R.B. 6902 P. 644) AT BAYFRONT PARK. (See label #24). ------------------------------------------------------------ Mr. Pereira Mr. Mayor, if you want to go back to Item 4 John Gilchrist is here and that had to do with the closing of the Miamar.na Parkway.. Mayor Ferre: Yes, Mr. Gilchrist. Are you here Mr. Gilchrist? Yes. Mr. Gilchrist the item was passed to defer this. Mr. Plummer asked that it be dorie an.3 that we would revisit it if there were any problems that could be affected. Mr. John Gilchrist: Ok. Two things. It was a public hearing today. It was advertised. Mayor Ferre: Today is... that's stand corrected then. Today is a public hearing? Mr. Plummer: That's not how it's on the agenda. Mayor Ferre: It's not on the agenda as a public hearing. Now, you know, we keep doing this Mr. Perez-Lugones with all due respects to you sir. I mean, if it were once or twice, but it seems to be on a ongoinc_ basis. Can't we get these agendas... Mr. Perez-Lugones: Sir. Mayor Ferre: Yes, sir. Mr. Perez-Lugones: This entire agenda is a public hearing. This has been advertised in three papers as a public hearing. Notices have been sert to property owners and signs have been posted in the area of the change. Mr. Plummer: Still not what we consider to be a public hearing when you go out, you blanket an area where people have the right to respond. a I 69 May 23, 1985 "In 149, bbugherty; They did. ter. Plummer: I'm still saying to you there is one man here to oppose it. I cannot believe, I don't know, but I cannot believe that an area affecting those charter boats that Dan Kipins is not here. Mr. Gilchrist: Dan Kipnis is out of tc qn c,r he would have been here, but all the fishermen are aware of this as a public hearing. I believe that's correct. Mayor Ferre: Is there a problem with it? Mr. Gilchrist: Tom Post was here this morning and he waited because he thought it was going to be... because the public hearing, it affects his miamarina. They all knew that that was going to take place. Mayor Ferre: Look, John, Plummer wants to delay this for whatever reason. Ok. Now, is there any harm done by... Mr. Gilchrist: Let me just tell you, we have to record the plat in order to finish off the Corps of Engineers contract agreement with the City. We have to record the plat in order to finish off with Bayside and... - Mayor Ferre: Ok. Thank you, sir. We have to do this. You qot any problems with this Miller? Mr. Dawkins: If J. L., got a problem I got a problem. Mayor Ferre: All right, then Demetrio Perez moves, I will second it for the purposes of getting this behind us. Mr. Plummer: Mr. Mayor, they want... the administration wants an amendment to it. Mayor Ferre: This is Miamarina Parkway Drive shall remain available for use by the public for access to Miamarina until such time as the Bayside Project construction activities requires closure of the ent.':� street. Mr. Clark: That will be a separate measure, take a separate roll call on both items. Mayor Ferre: Ok. I will... you want me to pass this first or second? Mr. Clark: Pass that afterwards. Mayor Ferre: After. Ok. Now, in the maim motion on 4, would you like to speak on it? Ok. Please. Mr. Roy Breeler: My name is Roy Breeler. I'm from 1740 North Alton Avenue, Trenton , New Jersey. I operate the Flying Cloud Cruisers which is a fifteen year old sail, cruise and charter business at Miamarina and is a restaurant and bar, dockside and on the water, including Biscayne Bay and the Atlantic Ocean. The closing of Miamarina and Miamarina Parkway Drive violates my civil rights and converts my business and property rights without due process of law and is a malicious interference. I hereby reaffirm the notice of objection that I mailed to each of you some sixty days ago. Thank you. Mayor Ferre: Thank you. All right, are there any... Mr. Vice -Chairman? You are Chairing the meeting because there was a motion made, I seconded. You need to call the roll on it. i gl 70 May 23, 1985 Mtt- Carollo: This is a motion made and seconded. I'M sorry Mr. Mayor. I'm trying to handle some City business right here long distance from New York. Mayor Ferre: It's on Bayside, just call roll. Mr. Carollo: Ok. Call the roll please. THEREUPON THE FOREGOING NOTION introduced by Commissioner Perez and seconded by Mayor Ferre failed by the following vote: AYES: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo — Absent: None. Mr. Plummer: Then the other motion prevails then to have it at the next hearing. Mr. Breeler: Say that again please. Mr. Plummer: It will be a public hearing at the next meeting. Mayor Ferre: Ok. We are not jeopardizing anything are we, John? I hate for, you know... Mr. Dawkins: Yes, we don't want to jeopardize the project. Mayor Ferre: Yes. That Stockman I know is waiting to take ■ this UDAG away and I just don't want to have any... I don't want just through some casual slip... Mr. Gilchrist: I would have to ask the City Attorney to respond to this, but the validation process on the IDB bonds require that that plat be included as an exhibit to it too. Mr. Plummer: Well, let me ask a dumb question? Why did you wait until today to bring it to us? I mean, Bayside has now been going on for two years. Mr. Gilchrist: It was originally scheduled on the April Commission meeting and it wasn't taken at that Commission meeting and we had to go through the process of public hearings before different boards. Mr. Dawkins: This is no way for us... you know, every time if one of us don't ask the Mayor for a special meeting, you knca:, we always get caught in these binds. See and here we are again. Ok. Mr. Mayor, as usual I will change. I will vote... Mayor Ferre: Dawkins moves that the previous vote be reconsidered, Plummer seconds, further discussion. Call the roll on reconsideration. THEREUPON THE FOREGOING MOTION was designated MOTION N�_ 35- 549 was introduced by Commissioner Dawkins and seconded by Commission Plummer was passed and adopted by the following vote: gl 71 May 23, 1985 M AYES NOES: ABSENT: Commissioner Demetrio Perez, Jr. Commis,sioner Miller J. Dawkins Commissioner J. L. Plummer, Jr+ Vice -Mayor Joe Carollo Mayor Maurice A. Ferre None . None. Mayor Ferre: a second? Dawkins now move that #4 be approved, is there Mr. Perez: Second. Mayor Ferre: Perez seconds, further discussion on Item 47 Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-550 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF MIAMARINA PARKWAY DRIVE AT x BAYFRONT PARK LOCATED SOUTH OF PORT BOULEVARD AND EAST OF BISCAYNE BOULEVARD ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1167-B "BAYFRONT PARK". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adoptad by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None. Mr. Dawkins: Ok. Now, this is... Mr. Manager, you are new, but I'm going to tell you I'm not gong to go through this again. See. Now, you pay people well to keep you abreast of what's happening, see and it doesn't make sense that every time that we come up with something it's always... and like Plummer said, we have been with Bayside two years and they had to have a P.E.R.C. chart to show you what had to be done in order to get this going. 31. COMMISSION EXPRESSES INTENT THAT MIAMARINA DRIVE, AT BAYFRONT PARK, RE14AIN AVAILABLE AS ACCESS TO MIAMARINA UNTIL CONSTRUCTION AT BAYSIDE REQUIRES CLOSURE OF ENTIRE SITE. ------------------------------------------------------------ Mayor Ferre: All right, now we have another motion that Perez moves, Miamarina Parkway Drive shall remain available for use by the public for access to riamarina until such ld 72 May 23, 1985 2 time as the Bayside Project construction activity requires 016bure of the entire site. Plummer seconds, I assume. PUr'ther discussion? Call the roll on that motion. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 85-551 A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION THAT MIAMARINA PARKWAY DRIVE (O.R.B. 6902 P.644) AT BAYFRONT PARK, LOCATED SOUTH OF PORT BOULEVARD, REMAIN AVAILABLE AS ACCESS TO MIAMARINA UNTIL SUCH TIME AS THE BAYSIDE PROJECT CONSTRUCTION ACTIVITY REQUIRES CLOSURE OF THE ENTIRE SITE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ 32. CITY MANAGER TO REPORT ON COMPLAINTS RECEIVED BY THE COMMISSION THAT SOME PEOPLE ARE DOING BUSINESS ON THE CAUSEWAY, WITHCJT LICENSES. ------------------------------------------------------------ Mr. Plummer: Mr. Mayor, may I bring to the attention of the Manager. Mr. Manager, my office has been receiving some calls from two lessees on the Ricken Backer Causeway. They are lessees of the City who are very bitterly complaining about people who are operating businesses on the Causeway. I think it Hobie Cat rentals, storage, teaching and all of the rest and the City is not getting anything and they are losing the revenue. Would you look into that matter please? NOTE FOR THE RECORD: In connection with Agenda Item 5, previously passed, the Mayor informs Mr. Antonio Molina that if he comes back at the meeting of June 13th, with his attorney, to speak on the issue, he shall be recognized in connection therewith. ------------------------------------------------------------- 33. APPEAL BY APPLICANT (EVA AVILA) OF ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION PERMITTING ESTABLISHMENT OF COMMUNITY -BASED RESIDENTIAL FACILITY (C.B.R.F.) AT 1351 SW 23 STREET. r Mayor Ferre: We are now on Item 6. Eva Avila. This is a review of the Zoning Board's denial of a special exception gl 73 May 23, 1985 0 ro permitting the establishment of a community based residential facility as per plans on file for a maximum of five residents and one staff member. The department recommended denial and the matter on the Zoning Board, I guess was granted. Is that correct? Mr. Plummer: This is a case where they had been granted. When they went out for an inspection they found more on the property than was allowed to be there, for that reason they are saying that the application should be rejected or removed. Mayor Ferre: All right, will the department explain or do you want to... Mr. Whipple: Mr. Mayor, Mr. Genuardi is here from the Building Department and I will let him explain the problems involved upon the inspection. Mr. Joseph Genuardi: Joseph Genuardi, Zoning Administrator, Fire Rescue and Inspection Services Department. When this C.B.R.F. was approved in 1983 it was approved on conditions that it be inspected every six months and we did that for the first six months and the second six month period. The third time we went out there in October 1984 we found that a third illegal unit had been created in the interior of the house and that rather than five residents it was now... she now had six. The approval was for only five residents plus _ herself. So, we did not recommend approval at that time and we tried to pursue her correcting this. At the last Zoning Board meeting these conditions still existed and therefore was denied. Mr. Plummer: Is this a residential facilities for seniors or runaways or... Mr. Genuardi: No, it's for elderly people. Seniors. Mr. Plummer: Elderly. Mr. Genuardi: So, she is appealing to the Commission to... I did have a zoning inspector go out there this morning to see if this still existed. Mr. Plummer: And what was the finding? Mr. Genuardi: I found that the separation creating the third unit had been removed, the sink had been removed and there were only five residents at this time. However, this has been a continuous policing action. We have to continue to go out to police this and... Mayor Ferre: We need a full-time policeman. All right. Mr. Plummer: Does she have anything to say? Mayor Ferre: Would you present your situation. You want to say something to the Commission? Ms. Eva Avila: SPEAKS IN SPANISH. =\ Mr. Perez-Lugones: (TRANSLATES FOR MS. AVILA). Her name is Eva Avila. She lives in 1351 Southwest 23rd Street. She has a big house with eight rooms and she pays a high tax of two thousand dollars. And his way of living is to have a small home where the ---I guess HRS gave her permission for six persons. As her house was very big and she has a small apartment to the rear of the house. She had an elderly couple in the back and when she told them that they had to _ move the lady became sick because she had to move then she had to be hospitalized. She has tried to see if she can get =- seven persons there because her house is very big, including _ with this inspector the person who just talked. She tried to explain to him that she has an R2 zoning and whether she would be allowed to close the upper, the second story of the house and to operate in the ground floor. She had tried to have permission for the seven persons, but she has been told no. The last time she was told to close and to move the elderly couple and to move out of the house two elderly persons which she did. And now she has five elderly women in the house without any apartment and everything. But now I have a very big house and I am a woman... and I have tried to be helped by them because that is my way of living, including I have two elderly persons, two of them ninety years old, very nervous persons because they don't want to leave from her side and that they are afraid that the house is going to be closed. She has two more which are eighty - eighty years old and they are very happy to live with me. I only have those five persons at this point with very high taxes. Give me a break. I will be very grateful. Mayor Ferre: I want to say a few words in Spanish and then I will give you a quick translation. (IN SPANISH). Mr. Perez-Lugones: A this time she is complying. Mayor Ferre: Why is she here? Mr. Perez-Lugones: Because she had more than five persons. She had some other problems and then she had to... Mayor Ferre: Just answer my question. How many people did she have when the inspectors went by. Mr. Perez-Lugones: I believe it was eight. Mayor Ferre: And how much does the law permit her to have?< Mr. Perez-Lugones: Five. Mayor Ferre: So, she wa:; in violation of the law?' Mr. Perez-Lugones: Yes, sir. Mayor Ferre: All right, how many times has she been caught doing that? Mr. Perez-Lugones: That I know at least two times. Mayor Ferre: At least two times... Mr. Plummer: Over a year. Mayor Ferre: ... over a period of one year. Mr. Perez-Lugones: Over a period of probably about two years. Mayor Ferre: (IN SPANISH). Ms. Avila: (IN SPANISH). Mr. Perez-Lugones: (TRANSLATES). Allow me to explain in my house at 7 O'clock in the evening. My elderly people are sleeping. There are no cars at the door. There is no noise. I had neighbors in on side which we had to close the windows because of the noise and the cars from the kids were... 75 May 23, 1985 t7777 'TIT, Mayor Ferre: (IN SPANISH). You have eight people when you &Ye supposed to have five. That's a violation of the law. You have to live within the law. Ms. Avila: (IN SPANISH). Mr. Perez-Lugones: Si, you have duplex and tried to have the upstairs closed so that I could function because that is two families. I expect to the inspector who was here and he told me that I had to have a stairway to communicate both sides and that was very expensive. Mayor Ferre: All right, what's the will of this Commission, I have expressed my opinion. Mr. Plummer: Mr. Mayor, I move to uphold the recommendation of the Planning Department. Mayor Ferre: Is there a second? Mr Carollo: Second. Mayor Ferre: Further discussion? Ms. Avila: (IN SPANISH). Mayor Ferre: What's the recommendation of the department? What's the department's recommendation? Mr. Whipple: Mr. Mayor, based upon the information we had going into the Zoning Board hearing we were recommending denial. Had there be compliance with the law we would have recommended. However with this lack of compliance and the difficulty the enforcement agency has had in the past, you know, we just... the board felt... Mayor Ferre: You are sure she understood and she was notified properly? Mr. Whipple: Yes, sir. Mayor Ferre: There is no doubt that she knew that she was violating the law? Mr. Whipple: No, sir. She had been communicated in both languages and there just was reluctance. If the Commission saw fit to go ahead based upon her compliance at this point I would suggest you attach another time limit by which it would be reviewed by the board and/or this City Commission. Mayor Ferre: All right, there is a motion on the floor and a second, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-552 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD DENYING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, ARTICLE 20, SECTION 2034.2.2., PERMITTING THE ESTABLISHMENT OF A COMMUNITY BASED RESIDENTIAL FACILITY (CBRF) AT 1351 SOUTHWEST 23RD STREET, ALSO DESCRIBED AS LOTS 15 AND 16, BLOCK 57, EAST SHENANDOAH (14-55), AS PER PLANS ON FILE, FOR A MAXIMUM. OF FIVE (5) RESIDENTS AND ONE (1) STAFF i gl 76 May 23, 1985 "AL MEMBER; ZONED R-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - ACES: NOES: ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre None. None. ----------------------------------------------------------- 34. DISCUSSION OF PROPOSED RECOMMENDATIONS CONCERNING DEVELOPMENT ORDER APPROVING WITH MODIFICATIONS THE "MIAMI CENTER II DUPONT PLAZA PROJECT. NO OFFICIAL ACTION TAKEN BY THE CITY COMMISSION. ------------------------------------------------------------ Mayor Ferre: All right, we now are on Item... I guess we go to the 3:30 agenda. So, the Item is 11. Ok. We are now on Item 11. Mr. Rodriguez: Mr. Mayor. Mayor Ferre: Yes. Mr. Rodriguez: Item 11 is the request from Miami Center II to have the Planning Department making a finding of substantial deviation to the extension to June the 30th. The recommendation from the Planning Advisory Board following the Planning Department recommendation is that this doesn't constitute a substantial deviation. I want to make you aware though at the same time that we have been informed by the South Florida Regional Planning Council that there have been... there will be a preapplication meeting on May 28th to discuss the new amendment to Miami Center I and II presented by the developers to deal with all the changes that they tried to get before that we couldn't get an agreement in that. So, they are willing to comply with the full procedures apparently, and that will be discussed on the May 28th meeting with the South Florida Regional Planning Council. Mr. Plummer: Let me ask a question for the record. Are you saying that the South Florida Regional Planning Council can accept amendments to a development order without this Commission's review? Mr. Rodriguez: The South Florida Regional Planning Council will accept the new application. It's like starting all over again. Mr. Plummer: But how can they accept it without coming through us first? i Mr. Rodriguez: It will go to them first and then it will come to the City at some point in the future to accept or not the development order application. It's a new project. 91 77 May 23, 1985 v 0 Mr. Plummer: That's absolutely wrong. Mr. Rodriguez: You see, Commissioner Plummet, if the issue... Mt. Plummer: Well, wait a minute. What happens if we let the issue die today? Mr. Rodriguez: That means that the development order from Miami Center II expire. Mr. Plummer: Is that a bad deal? Mr. Rodriguez: I don't think we gain anything by letting it die today. Mr. Plummer: You have been telling me that for a year. You keep telling me you are going to close the place down. Mayor Ferre: The same logic that was true last time is true this time J. L. See, do we win or lose. I mean, you know, its... We lose.. . Mr. Plummer : Well, Obviously, we are not winning. We are not winning anything. Mayor Ferre: We lose anyway you slice it. The problem is where do we lose the least. Now, you know, I don't care. - Do what you want, but I just think that the administration has been recommending... Mr. Plummer: Excuse me, I'm sorry. Have they complied with the CO yet? Mr. Rodriguez: That's Miami Center I. Mr. Plummer: I understand that's Miami Center I. Have they complied? Mr. Rodriguez: No. t Mr. Pereira: No, they have... as a matter of fact they have sent us a letter. After our last Commission meeting I informed them of the actions of the board giving them until June 13th. We received a letter subsequent to that where i they are instructing us they were taking us to court on the issue and right now we will be in litigation. Mr. Plummer: They just stand there and thumb their nose at this City. Now, you know, you cannot put their insurance companies on notice of an unsafe structure when you withdraw the temporary CO if you don't ever do it. Now, what's going to happen is someone is going to get hurt in that building on a temporary Co with life giving things involved. The ventilation of fire and somebody is going to get hurt and this City is going to get its butt sued and rightfully so, because we are liable for not holding their feet to the fire. Ok. Now, you know, I'm telling you this man is standing there thumbing his nose. He has got his temporary CO. He has got no money, but he is telling this City what he is going to do and what he is not going to do and every time he comes back }-ire... Mayor Ferre: Is that the issue? Mr. Plummer: I don't know. Is he a part owner of the Dolphins? Mayor Ferre: Well, see we just lost the Dolphin case this afternoon. Mr. Plummer: Which one nowt Mayor Ferret We lost again. Ms. Dougherty: This is the one on the contract. The agreement... Mayor Ferret The contract is now in place and Shevin beat use Mr. Plummer: So, appeal it. Ms. Dougherty: This was the Supreme Court. Mayor Ferret What? Ms. Dougherty: This was the Supreme Court. Mr. Dawkins: U. S. Supreme Court? Ms. Dougherty: The State of Florida. Mr. Plummer: Appeal it. Ms. Dougherty: There is no place to appeal it. Mr. Dawkins: Take it to the U. S. Supreme Court.twee us wherever he wants to go. Mr. Plummer: That's right. Mayor Ferre: But you see the point is that that's all very nice but lose. Mr. Dawkins: So, we lose again. Mayor Ferret But I don't like losing. Mr. Plummer: But Maurice•, let me ask a question. Madam City Attorney, that man h.ad a specified date to comply on a temporary CO. Am I correct Mr. Manager? Mr. Pereira: You are correct, sir. Mr. Plummer: May the 9th was that date. Mr. Pereira: Right sir. Mr. Plummer: He did not comply. Is that correct? Mr. Pereira: That is correct, sir. Mr. Plummer: Madam City Attorney, that CO was to be lifted on that date if he did not comply. God forbid if there is a major incident in that building. I'm talking something of a fire or structural or something of that nature. Do you feel that this City would be liable for a lawsuit predicated on the fact that we did not enforce the CO? Ms. Dougherty: Mr. Commissioner, I feel sure that the City would be sued. I'm not sure that the City would be liable, but more importantly it would really depend on whether or not the damages were a result of something that was lacking in the temporary CO and they are not supposed to give a temporary CO when there is any life safety issues involved. Mr. Plummer: Isn't one of the things lacking... where is the Building Department. Isn't one of the things lacking the fire ventilation system? Am I right or wrong? gl 79 May 23, 1985 ML 0 Mr. 0enuardi: Only in a portion of the building iri th@ podium area. Mr. Plummer: Is that portion occupied? Mrt. Genuardi: No. Mr. Dawkins: Ok. Let me ask a question. Mr. Gould... Mr. Plummer: Would you pull out the book marked ordinances relating to Ted Gould. I mean, because he obviously, has his own. He is telling this City... Mr. Dawkins: Let me ask a question of anybody. Mr. Gould has no money is being sued by everybody and is counter suing, but Mr. Gould is trying to sell design II or whatever it is. It that correct or wrong? Mr. Rodriguez: Yes, he is. Mr. Dawkins: So, now if we snatch the CO back then he is in no position to bargain to sell anything. Is this right or wrong Ms. Dougherty: This is real dangerous talk J. L., you don't want this kind of stuff on the record. Mr. Pereira: Yes, Commissioner, I think you better listen to the City Attorney here. Mr. Dawkins: All right, well... Ok, well I will say this. I am tied of Mr. Gould's just like me his arrogance and mine matches his and Mr. Gould comes in here like J. L. said and tell us what he is or is not going to do. Mr. Manager, I _ make a motion that the Co be snatched. Ms. Dougherty: Commissioner Dawkins, respectfully; it's really within the discretion of the building official under the South Florida Building Code. Mr. Plummer: Yes, but wait a minute. When this Commission doesn't like the discretion exerted by the building official and we don't think that it's proper, then we have the right to exert ours. We don't? Then we need to get a new building instructor. Mr. Dawkins: That's ok. All right, let me... Ok. Hold it. Hold it J. L. Hold it. In the event that the CO is not pulled by the proper people who suppose to pull it, who work for the Manager, then I will be making a recommendation that the Manager no longer work for us. Is that correct? Mr. Plummer: Is that within our purview? Ms. Dougherty: Yes, sir. Mr. Dawkins: Is that proper Madam City Attorney? Ms. Dougherty: Yes, sir. Mr. Plummer: Does that include the building official who is making the decisions? Mr. Dawkins: That's up to the Manager. Ok. See, because I'm... I mean, I'm just fed up with this guy coming up here saying what he is going to do. What he is not going to do and if we don't do this he is going to do that. Yes, sir s Mr. Manager. Mr* Pereira: Commissioner, at the last meetihtj.r (COMMENTS OFF THE PUBLIC RECORD) Mr. Dawkins: Go ahead Mr. Manager. Mr. Pereira: At the last Commission we made a recommendation, a joint recommendation of the building official and myself to extend it for sixty days and you said until June 13th and the correspondence that went out. And I have told, even though Commissioner Plummer does not believe me, I can assure you that if the appropriate items that need to be corrected are not corrected by the 13th under your direction that CO will be lifted and I will personally, if I have to go there and pad lock the building I will do it. Mr. Dawkins: No, don't do that he is larger than you are. Send one of our policeman. Ok. Mr. Pereira: I don't care. I have no problems taking him on. Mr. Dawkins: Ok. All kidding aside. That's good enough for me. Mayor Ferre: All right, now that we got that one behind us what's the next move? = Mr. Rodriguez: The issue before you today is the substantial deviation finding in relation to Miami Center II as it relates to the extension to June 30th. Mr. Plummer: What do we benefit by extending it? Mr. Rodriguez: As I mentioned before there is no damage and no specific benefit to the City except the hope of the I-95 funding that we are still working out with the department of transportation. That's it. Mr. Dawkins: And what about the money that Mr. Gould was going to give us for the People Mover and everything else and the park. Mr. Rodriguez: Sir, all of that is in the same place it was before and that is part of the subject of the possible litigation that we are going to go through. — Mr. Dawkins: No, that's part of my problem with him. Mr. Plummer: Yes, but the problem is if we don't approve the development order on two, then he has got really nothing to sell but a vacant piece of land. Mayor Ferre: That's all he has anyway. Mr. Plummer: No, he has got a vacant piece of land with a development order that's been granted. Mayor Ferre: Everybody knows the development order there isn't worth tiddledy winks. Mr. Rodriguez: I have to say also by the way that in a meeting we had for the Dupont Task Force Mr. Gould... Mayor Ferre: It has to be done all over again. Mr. Rodriguez: Mr. Gould mentioned in the meeting of the r Dupont Task Force that he doesn't intend to request a further extension of the Miami Center II Development Order. gl 81 May 23, 1985 A, Mr. Dawkins: Mr. Gould also said he was going to give me Money for a park and give me the People Mover. So, in my Opinion Mr. Gould's word isn't worth nothing. Ok. In my opinion. Mayor Ferre: Look, this is something that I am going to be as I have in the past be guided by the administration and the Law Department. What do you recommend? Lucia and Sergio. Mr. Rodriguez: I think we mentioned before, we recommended to say that there was no substantial deviation because we don't feel that we are losing anything by going to June 30th. If you want to take a policy decision strong than that... Mayor Ferre: Look, don't give me a ten minute explanation. I just want a thirty second thing I what you recommend. Do you recommend that we continue. Yes or no? Mr. Rodriguez: We recommend that "yes" you extend it to June 30th. Mayor Ferre: What is your recommendation? Ms. Dougherty: I feel uncomfortable walking into a policy kind of a situation, but in my mind if you give him more... Mayor Ferre: Is that there are legal ramifications involved in this. Ms. Dougherty: No. Mayor Ferre: There are no legal ramifications one way or the other? So, you have no recommendations. The administration does recommend it. Mr. Rodriguez: Yes, sir. Mayor Ferre: What's the will of this Commission? Mr. Plummer: My motion will be to deny. Mayor Ferre: There is a motion on the floor to deny, is there a second? Mr. Dawkins: If we don't work on it at all it's denied. Mr. Plummer: That's true. I with draw my motion_. No, action means no extension. Ok. Thank you, sir. Mayor Ferre: All right, an —thing else to come up on this public hearing Item #11. This is a public hearing at 3:30. It is now 3:51. We have been on this now for about twelve - minutes. Anybody else wish to express an opinion? I will so that the record is clear ask if there are any motions on Item 11? The second time and lastly. Mr. Plummer: Wait a minute, question of the legal department. If this matter dies today any nee•• development order has to be dealt with in the same way with the City by this owner on a new development or any subsecuent owners is that correct? Ms. Dougherty: Any subsequent owner would have to start all over again. Mr. Plummer: Ok. So, we have then the same right to do a better job than we have done this time, because obviously we are not gaining a thing. gl 82 May 23, 1985 N Me. bbughertyt flight. Mr. Plummer: Ok. Then I feel secure that if a hew owner does take over that we can negotiate a better thing for the City. Ok. I'm sorry Mr. Mayor, go ahead... Mayor Ferre: Sergio, so I understand this very clearly. If we extend the benefits that we have is that... Mr. Rodriguez: The benefits that we have at this point as to the ramp negotiations and the street improvement that will have to be resolved may be through legal actions. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: He is not going to file development order because... well, the new owner is not going to be determined for a year or two, because it will be litigated in court for that long. Mr. Rodriguez: There are certain benefits at this point that we will have if he were to comply with the development order in reality, because we are extended to June 30th, there is not much that he will be able to comply unless he takes a rabbit out of a hat with a magic number to solve all the problems. What this will do is if this dies today he will have... the development order will be alive until June first. June 1st the development order from Miami Center II dies and all the agreements in that development order including the relationship to the ramp... Mayor Ferre: So, it's in our best interest to keep those agreements alive. Is that it? Mr. Rodriguez: Right. Mayor Ferre: Ok. Well, I will tell you, I think just so that we do have a record on this. I will therefore, passed the gavel to the senior member, I guess it's you Miller. Yes. Mr. Pereira: Mr. Mayor, the City Attorney and I were just conversing here and I think that she makes a point that I will ask her if she could please advise the Commission, because it's of interest at least to the administration. Mayor Ferre: Go ahead. Ms. Dougherty: The problem with Miami Center II is that it locks in... Mr. Dawkins: Wait a minute, just one minute. Commissioner Plummer. Someone ask Commission Plummer to come hear this so we won't have to do it again please. Ms. Dougherty: Commissioner Plummer, I'm sure is aware that Miami Center II obligates the owner to do certain improvements for Miami Center I which were never done. The problem with Miami Center II going down is that the new owner, the new person who comes into this is nc�`_ going to have any responsibility, power, rights or any' -.;ling else to do anything in connection with Miami Center I. Mr. Dawkins: But also the present owner was obligated to do certain things he has not done. So, what: makes us thinks = that he is going to do anything else that r.e is obligated to do. gI 83 May 23, 1985 Ms. Dougherty; I'm not saying he will, but here is the point. If somebody purchases that land and wants to use that development order that is now being extended they are going to have to comply with that development order which obligates them to do things which is connected with Miami Center one. Mr. Plummer: The new owner will comply just like the old one did. Mr. Dawkins: Point of information. If the new owner purchases it he has to get whatever he wants done okayed by the Commission and the Zoning Department. Is that right? Mr. Plummer: Exactly. Ms Dougherty: That's precisely right. However, the new owner sure isn't going to have to do anything for somebody else's property which is Miami Center I. Mr. Plummer: We understand that. Ms. Dougherty: Ok. Mayor Ferre: Well, just so that the record is clear. I think the administration... I'm going to pass the gavel over to the Vice -Mayor and I will make a motion with the administration. This issue has nothing and I repeat, nothing to do with Ted Gould. Ted Gould is out of it. It has to do with several important issues that are best served by maintaining the gun up to Ted Gould's head or the property's head, whoever owns the property. It isn't that we are doing Ted Gould any favor. He could care less one way or the other. He is not going ahead with Miami Center II. He is not moving ahead on any of this. He needs to bail out. He needs to get his legal situation ane the ownership cleared up. We are not serving Ted Gould's best interest, because his best interest are not involved in this. We serve the City's best interest by keeping the gun on that property and you can only do that if we keep this matter alive and the only way we can do it is by voting for it. So, forget Ted Gould. I could care less about Ted Gould. Mr. Plummer: It has nothing to do with Ted Gould. Mayor Ferre: Ted Gould has violated. He has made promises that he has not kept and that's not the issue. The issue is how is the City of Miami best served. The administration is correct. Lucia Dougherty's statement is correct. And I therefore, move in support of their position. Mr. Carollo: Well, what is your motion Mr. Mayor. Can you spell it out. Mayor Ferre: To grant the extension until the 30th day of June. Mr. Carollo: Ok. There is a motion that we grant an extension to the 30th day of June 1985, is there a second? Mr. Perez: Second. Mr. Carollo: There is a second. Any discussion? Commissioner Plummer. Mr. Plummer: I have had all my discussion. Thank you. Mr. Carollo: Commissioner Dawkins. Hearing no further discussion, can you call the roll Madam Clerk., . = 91 84 May 23, 1985 77-7 ram, ON MOLL CALL: Mr. Carollo: I think that the City Attorney has given her =_ best legal advice, but at the same time I think that we have to do what we.feel is best according to our principles. _ Therefore, I have to vote with two of my colleagues on the subject and I will be voting "no" with Commissioner Plummer and Commissioner Dawkins. i THEREUPON THE FOREGOING MOTION introduced by Mayor Ferre and seconded by Commissioner Perez failed by the following vote: AYES: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo ABSENT: None. ------------------------------------------------------------ 35. INCREASE FUNDING AND AMEND RESOLUTION BY CHANGING NAME OF MIAMI-DARE TOURIST AUTHORITY, INC. (MDTA) TO "MIAMI- DADE TRADE & TOURISM COMMISSION, INC." (MDTTC). ------------------------------------------------------------ Mr. Dawkins; Oh, Mr. Mayor, pardon me. The gentleman from _ Easteri. Airlines asked me if we could hear 30 and 31 because he has to get back to Eastern Lines. 30 and 31, Mr. Mayor would you call it please. Mayor Ferre: Ok. Take up Item 30. Mr. Carollo: Move it. Mr. Dawkins: Second. Mayor Ferre: It's been moved and seconded, further discussion? Anybody wishes to discuss this item? The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-553 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND, IN A FORM ACCEPTABLE _ TO THE CITY ATTORNEY, THE CONTRACT DATED APRIL 25, 1984 BETWEEN THE MIAMI-DADE TOURIST AUTHORITY, INC. (MDTA) WHEREBY i THE CONTRACT AMOUNT IS INCREASED FROM $75,000 TO $78,500 AND THE NAME BY WHICH THE CONTRACTOR SHALL BE RECOGNIZED IS t CHANGED FROM MDTA TO THE MIAMI-DADE TRADE AND TOURISM COMMISSION, INC. (MDTTC) ; , FURTHER AUTHORIZING THE CITY MANAGER TO CONVEY TO MDTTC $3,500 FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND IN ORDER TO RESOLVE ALL 1 AUDIT PROBLEMS RELATED TO THE 1983-84 CONTRACT YEAR OF MDTA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) +jl 85 May 23, 1985 AN Upon being seconded by Commissioner bawkihs# the teablution was passed and adopted by the following Vote— AYEs: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre 36. AUTHORIZE AGREEMENT WITH MIAMI-DADE TRADE AND TOURISM COMMISSION TO ASSIST CITY OF MIAMI TO IDENTIFY PROSPECTIVE BLACK CONVENTIONS AND TO PROMOTE THE CITY AS A POTENTIAL CONVENTION SITE. Mr. Plummer: Move 31. Mr. Dawkins: Second. Mayor Ferre: Hold on. Mr. Manager, this 30 has your recommendation? Mr. Pereira: Yes, sir. Mayor Ferre: 31. Mr. Dawkins: Second. Mayor Ferre: Moved and seconded, further discussion? Mr. Manager this has your recommendation? Mr. Pereira: Yes, I understand that Mr. Gibbons wants to add something on Item 31. Is that correct Mr. Gibbons? Mr. Charles Wright: I'm Charles Wright. I'm Chairman of the Commission and we did have one change that we would like to make. We would like to delete the fifty per cent match provision for the balance of the contract which ends July 31st. The main interest of this board has been tourism and what we would like to do is... the reason why we would like to delete it is because it would allow us to negotiate a simultaneous contract with the City and County which has probably been part of our problem. It's tae fact that we haven't been able to get the two together and this would allow us to do that. Mr. Pereira: Mr. Mayor and members of the Commission, my staff met with Mr. Wright I believe and Mr. Givings last night and they concurred with that recommendation. Mr. Plummer: As amended, I move it. Mr. Dawkins: Second. Mr. Carollo: There is a motion and there is a second, is there any further discussion? Hearing none, can you call the roll Madam Clerk. Mayor Ferre: Call the roll. CjI 8 May 23, 1985 kv TN The following resolution was introduced by Coffiffiissioner $lUMMOr, who moved its adoption: RESOLUTION NO. 85-554 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE SUBMISSION OF AN ACCEPTABLE SCOPE OF WORK WITH MIAMI-DADE TRADE AND TOURISM COMMISSION, INC. (MDTTC) IN AN AMOUNT NOT TO EXCEED $71,500 FOR THE PURPOSE OF ASSISTING THE CITY OF MIAMI IN IDENTIFYING PROSPECTIVE BLACK CONVENTIONS AND PROMOTING THE CITY OF MIAMI AS A POTENTIAL CONVENTION SITE AND ESTABLISHING AGREEMENTS WITH THE SOUTH FLORIDA HOTEL A?vD MOTEL ASSOCIATION TO DEVELOP AN EMPLOYMENT REFERRAL PR0GRA�'; AND A MANAGERIAL PLACEMENT PROGRA.,11 DESIGNED TO INCREASE THE EMPLOYMENT OF BLACKS IN THE HOTEL INDUSTRY, WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND; SAID AUTHORIZATION BEING CONDITIONED UPON THE ALLOCATION OF $75,000 FOR SAID MDTTC FROM METROPOLITAN DADE COUNTY. (Here follows body of omitted here and on file of the City Clerk.) resolution, in the Office Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 37.A FIRST READING ORDINANCE: Proposed Charter Amendment No. 1- Strong Mayor Form of Government. Mayor Ferre: We are on Item #22. This is discussion concerning the form of City government. The last time Commissioner Perez, you had requested that rho r'it- Attorney review the issue and to visit on this question. As I understand... Mr. Perez: As you know, Mr. Mayor, we had the opportunity to meet with the City Attorney during the last three or four weeks and ae have proposed some changes that we have submitted to the City Attorney. First, I would like to ratify that I have supported the concept of the executive mayor plan for a long time. What I don't agree is in some of the measures that we tried adopt, by that reason I tried... I am promoting a proper balance in the first _ ordinance that we tried to discuss and tried to move and to propose five changes that we submitted to the City Attorney gl 87 May 23, 1985 V T last week. First, that the Commission is supposed to appoint all boards and committees, not in this case the Mayor. Also, that each member of the Commission individually may enter into consultation. It doesn't have to be the Commission only. That the Mayor in the case of ceremonial duties be substituted by a Vice -Mayor and also have the Deputy Mayor for the administrative duties. That the Mayor shall prepare the agenda, but the Commissioners shall be able to include any item in the agenda and that the Mayor shall not make changes to the budget without the Commission's approval or ratification. That's the changes that we propose to the City... Mayor Ferre: All right, Lucia, do you have a copy of this and have you made an ordinance based... Ms. Dougherty: Yes, sir Mr. Mayor. I have just passed out a ordinance incorporating all of Commissioner Perez's comments. Mayor Ferre: I would like to... you mentioned six things. I want to go over them again. I don't know what the members... what do you want to do on it? Do you want to vote on it or not? Mr. Carollo: Which one? The strong mayor... Mayor Ferre: As I sense this Commissioner Carollo, Commissioner Perez has come a compromised position and he has six amendments which as I see them sounds reasonable. May I see that. But I want to make sure we all understand what it is that we are voting on. The six compromises are, one, that the Mayor not have the right... the executive mayor to appoint all boards and committees, that that be done by the Commission. In other words, the Mayor would only appoint the administrative positions, but not the committees. So, the Mavor would not appoint the Zoning board. The Mayor would not appoint the Civil Service Board, Planning Board and... Mr. Carollo: But the Mayor would be able to appoint the administrative positions, director... Mayor Ferre: All the administrative... Mr. Plummer: With the exception of the Clerk. Mayor Ferre: No, the Clerk is appointed by the Commission. Mr. Plummer: That's correct. Mayor Ferre: Yes. But the Mayor would then appoint the City Manager or administrative or whatever the title would be and there is a new title. What's the new title? City what? Ms. Dougherty: The same three people. Mayor Ferre: Would you tell me what it is please? Ms. Dougherty: Yes, director of administration, director of finance and budget and director of development. Mayor Ferre: So, we have dropped... Ms. Dougherty: And City Attorney. Mayor Ferre: As I told you, I wanted to drop director of development. As I told you on the phone when we talked about it on several occasions I want to drop director of development. gl 88 May 23, 1985 Ms. Dougherty: 1 assumed that you wanted to do that if Commissioner Perez wanted to do that and he was not of in that opinion. Mayor Ferre: I don't know what Commissioner Perez wants to do. I know what I want to do and 1 asked you to drop director of development. Ms. Dougherty: It could be done easily. Mayor Ferre: Now, as far as the issue on the appointment of boards I accept this modification that the executive mayor only appoint those administrative positions including the City Attorney and not the boards. The Commission appoint the boards. The second issue is not only... I mean, I'm only speaking for myself. You all speak for yourselves. Not only may the Commission enter into consultations kith boards and employees of the City provided that as the Charter now provides the Commission cannot give an order to the the administrative... I have no problems with that. Thirdly, the Deputy Mayor is to be appointed by the Mayor and the creation of a position of Vice -Mayor be appointed by the Commission for the purposes of ceremonial duties only. That's fine. I got no problems with that. The Deputy Mayor would, of course, be appointed by the executive mayor for administrative functions in the absence of the Mayor, obviously. The fourth condition is that the Mayor shall prepare the agenda, but the Commissioners shall be able to include any items on the agenda. Well, that happens today anyway. So, I have no problems with that. And fifthly that the Mayor shall not make any changes to the budget without the Commission's approval or ratification. Well, that's law anyway. In other words the Mayor ...once the budget is approved the Manage~ cannot change the budget items anyway without the legislative branches approval. So, I accept all of these five modifications as presented. Mr. Plummer: Let me ask for the record. Madam City Attorney how is the president of council selected. Ms. Dougherty: By the Commission. Also, the Vice -Mayor is selected by the Commission frow among its members in both instances. Mr. Dawkins: Would the City Attorney and the Clerk be appointed by the Commission? Ms. Dougherty: No, just the City Clerk. Mayor Ferre: The City Attorney in strong mayor positions is traditionally appoint by the head of administration. Mr. Plummer: Well, excuse me. Commissioner Dawkins, the City Attorney being appointed by the strong mayor would be subject to approval by the Commission. Mayor Ferre: Of course. Mr. Plummer: If the Commission didn't approve it then that appointment does not stand. Mr. Dawkins: Oh, ok. That's good enough. Ok. That's fine. Mr. Perez: Ms. City Attorney, the Commissioner position would be part-time? Mayor Ferre: That doesn't change. The only thing that changes on the Commission... two things change. There would gl 89 May 23, 1985 Ll be one more opening in November if this were to pass this Summer. So, there would be three seats open on the Commissioner rather than two. Mr. Carollo: Now, how will the... Mayor Ferre: And that seat would be a two year seat, Mr. Plummer: Correct. Mayor Ferre: Because it would then become a four year seat in 1987. Ok. Mr. Carollo: How will the president of the commission be picked then under this new change? Mayor Ferre: It would be voted upon by the Commission in the same way it's done in Hialeah. Mr. Plummer: The same as the Vice -Mayor. Mayor Ferre: The same as it's done in Hialeah. Mr. Dawkins: Would there be a difference in pay for the president? Mr. Plummer: That's to be set by the Commission. Mayor Ferre: That's the Commission that decides that. The same as Hialeah. Is there anything else anybody wants to discuss on this? Mr. Carollo: In as far as everything else it will stay the same, just those minor changes. Mayor Ferre: Well, as far as the Commission is concerned they are minor. Mr. Carollo: Again, as far as the Mayor the deletions that we will be making is that he will not be appointing the boards, that will be done by the Commission as a whole. The Mayor still will be able to choose the department directors. Correct? What additional changes do we have of any significant... Mr. Plummer: Well, with one exception, Joe. The Mayor has requested that the director of Community Development be dropped from the Mayor's responsibility and put back into the Commission or as it is. Mayor Ferre: No, no. Not into the Commission. Mr. Plummer: Well, if it's not under your authority, who's authority would it be under? Mayor Ferre?. Obviously, the City Manager. Mr. Dawkins: There is no City Manager. Ms. Dougherty: It is. These two department... Mr. Dawkins: Well, now either we have a City Manager or we don't have a City Manager. Ms. Dougherty: The Mayor does not appoint the director. Mayor Ferre: In Atlanta, in Washington and in most American cities where there is an executive mayor the Mayor appoints ld 90 May 23, 1985 Now, for example Marian Barry... the guy who runs Washington D.C. is not Marian Barry. It's the man that Marian Barry appoints with the consent of the Commission. Now, Marian Barry also appoints with the consent of the Commission the financial officer and Marian Barry in Washington appoints the chief legal office of the city. Now, everybody else is appointed by their respective people. So, that it would be the director of administration who would appoint the head of the Planning Department, the head of the Parks Department, the Police Chief, the Fire Chief, including the head of Development. So, rather than the Mayor appointing that person the Manager would or what's he called now. I have a... Mr. Dawkins: Chief executive officer. Mayor Ferre: Chief executive officer. Mr. Plummer: Subject to the Commission approval? Mayor Ferre: No. The only people that the Commission approve... see you don't approve that person now. Sergio Pereira appointed Frank Castaneda or Howard Gary did. We didn't approve that. So, we are not going to change. Mr. Dawkins: So, if we are using the same system what's the need of the strong mayor? That's all I'm trying to say. I mean... Mayor Ferre: What is does is it gives the executively elected Mayor the responsibility of administering the City. The same as in Washington D.C. or Atlanta, Georgia. Mr. Dawkins: You don't have to go that far. The same as it is in Fort Lauderdale. Mayor Ferre: No, Fort Lauderdale does not have that system. Fort Lauderdale has a system like us right now. Mr. Dawkins: No, no, no. I Mayor Ferre: The Mayor is not an executive of the city. 1 i Mr. Carollo: Now, the term will be for how long? i Mayor Ferre: Four year term. Mr. Carollo: It will be a four year term. Mayor Ferre: It would be just like it is in Atlanta. Mr. Perez: This way the Mayor can interfere with the chief administrator decision. Mayor Ferre: Of course, there is no question that the ultimate responsibility is to who runs Washington D.C. from an administrative point of view is Marian Barry. I don't even know the name of the chief executive of... he is a fine professional, but you know that the buck stops with Marian Barry. The same thing is true of Andy Young in Atlanta has a chief administrative officer that runs Atlanta on a day to day basis. Mr. Dawkins: What about the Mayor of Hialeah? Mayor Ferre: The Mayor of Hialeah does not have that system, because the Mayor of Hialeah... Mr. Dawkins: It's strong mayor though.... 41 91 May 23, 1985 4 Mayor Ferre: In the case of Hialeah the Mayor appoints all the department heads himself. He himself the strong mayor. He appoints the Police Chief, the Fire Chief, the other i chief and the other chiefs. Now, that is not the system that is being proposed here. This system is the system that ;. functions in Atlanta, Philadelphia, Washington D.C., Boston and most other American cities. Ok. Any other. Are you ready to vote on this. Mr. Carollo: I don't think Mr. Mayor. The problem is there has been. so much has been diluted from the original ' intention. Mayor Ferre: Well, that was in there from the beginning. Mr. Carollo: At the same time... well, that part was, but a } lot else has been diluted. The extra Commissioner will have # a term of two years and then after he runs again it will be a four year term. Mr. Plummer: There will be three running every two years. Mr. Carollo: Well, what we might...just one additional change that I'm looking at making. Instead of that Commissioner running in two years since we are getting into a new system and at the same time it's a system that is not going to be as refined, I think, as originally it was written. What I would prefer to see is that the strong a mayor will first have a term of two years instead of the _ Commissioners rotating and then from then on it will be four year ter,=,t. Mayor Ferre: Oh, then you are eventually making it four years. Mr. Carollo: Yes, it will be a two year term if it passes j beginning this term, November, and then from then on it will ' be a four year term. j Mayor Ferre: In other words, what you are doing is you are iflipping the Commission and let the Commissioner be elected for four years now and then the Mayor would be elected for two years and then would have to run for re-election and i would run for four years then. 1 1 Mr. Carollo: Yes, then the Mayor would be running for re- election when... Mayor Ferre: If the Mayor runs for re-election. Mr. Carollo: Well, the term of the Mayor would be up for election again the same time that Commission seat 2 and what's your number Plummer? 3? Mr. Plummer: Yes. Mr. Carollo: Will be up. _ Mayor Ferre: I got no problems with that. That's acceptable for whoever runs for Mayor. That's fine. Ok. We need to finalize this today if we are going to have an election this Summer. Did you catch the change there Lucia? Ms. Dougherty: I'm doing it right now. Mr. Plummer: When will the election be Mayor? Mayor Ferre: The elecLi.on would be August. It would have to be sixty days after second reading. We need to have a second reading in ten days. The tenth day after it is gl 92 May 23, 1985 V i advertised. Assuming they will accept the advertising tomorrow for Monday. Mr. Plummer: Well, what's the rush. l mean, whether it"a August loth or August 13th? a Mayor Ferre: Because it has to be.., we have to give enough time for people to qualify for these positions. Mr. Plummer: No, what I'm saying Maurice, you are talking about if we have first reading today and the second reading on the 13th that just means that we put it off until August 13th or approximately August 13th rather August 10th. So, why have a special meeting is what I'm saying? Mayor Ferre: Our next meeting is June 13th. If we pass it on June 13th it would then... the first time you could have an election is in mid August. Is that correct? Mr. Plummer: August 13th. Mayor Ferre: August 12th, because July has 31 days. Mr. Carollo: So, that gives us approximately a month before the filing deadline. Mayor Ferre: Well, the reason why J. L., is if we are all _ going to be here and I'm not sure anybody is going to be _ here and I'm not sure that anybody is going to be here, but if we are all. here in ten days, that will give if this thing were to pass which is not very sure, it would give people that much more time to make up their minds. It will give them a couple of weeks extra. If we were to pass this on second reading. Ten days from the 23rd, all right, which would be sometime in June 4th or 5th or 6th, that extra eight days is that much more time that people have to decide whether or not they run. Mr. Plummer: We will have the second reading on the 13th. MW Mayor Ferre: We will have second reading on the 13th. Look in your calendar to see if you are going to be here in ten days, would you please? Let's see if we're going to pass this first, then we'll decide when the second hearing is. As amended, are you ready to give us the amendments on first reading, Lucia, or do you want us to come back to it? The only change that I see is that the Mayor would run for a two year period, then after that it would be a four year period. Mrs. Dougherty: And the deletion of the department director of development. If you would pass the resolution directing the City Attorney to draft the legislation first, if you can do that right now, I'll have this completed in a moment. Mayor Ferre: Then we'll go on to something else until you are ready. Is that correct? Mr. Carollo: Can we go into the area of partisan elections? Mayor Ferre: Go right ahead. Mr. Carollo: Mr. Mayor, as you are aware of both the Republic Party Chairman and the Democratic Party Chairman are in favor of partisan elections for the City of Miami, like they are for other positions. I believe you have a copy of the letter that the Chairman of the Democratic Party of Dade County, Richard Pettigrew has sent. Maybe you might want to read it for the record, Mr. Mayor. s1 93 Max 23, 1985 k Mayor Fette: Why don't you go ahead and do its Mt, Carollo: "Dear Mayor Ferre and Commissioners, according to a news account yesterday, a matter will come before the Commission today pertaining to amend the Charter of the City of Miami to provide for election of party nominees for the positions of Mayor and members of the Commission. The Democratic Party has long supported such a nomination process and would urge the Commission to place this issue separately on the ballot in a Special Election along with any other related questions. It would further urge that such a nomination process become effective in the City of Miami immediately, after voter approval is certified. There will be plenty of time to implement this new process before the next election. Such a decision by the voters of the City of Miami will greatly strengthen the two party system in this community and would better indicate to the voters the philosophical and political commitment of the various candidates. The complexity of the issues facing the City of Miami and the diversity of the voter make-up is such that party affiliation is highly relevant. This is unlike the environment in which non- partisan elections are appropriate, namely where community make-up is homogeneous and the issues and simple and tend basically to revolve around issues of administrative efficiency. Non -partisan elections are no longer appropriate in the City of Miami. Respectfully submitted, Richard A. Pettigrew It was sent today, May 23, 1985. THIS ITEM WAS MOMENTARILY DEFERRED. 38 EMERGENCY ORDINANCE: AMEND SEC. 53-161(3) - CHANGE PREVIOUSLY ESTABLISHED SCHEDULE OF FEES FOR USE OF CONVENTION CENTER PARKING GARAGE (NO.4) FOR USE/OCCUPANCY/SERVICES FURNISHED RE MIAMI CENTER AND PARKING GARAGE. Mayor Ferre: Joe let me interrupt you, because it looks like Roger Carlton's wife has gone into labor and he's going to be a father very quickly and he's getting nervous and wants to get out of here right away, but he doesn't want to be negligent and he has item 29. So let Roger go and help his wife have the baby. Mr. Carollo: Is that going to be a new democrat or republican, Roger? Mayor Ferre: This is on first reading and it creates a schedule of fees for the use of the Convention Center Parking Garage. Is there anybody here who wishes to discuss this item or object to it? If not, is there a motion? Mr. Carollo: So move. Mayor Ferre: Is there a second? Mr. Perez: Second. sl 94 May 23, 1985 4 4 Mayor Ferre: Mead the ordinance oh item 29# to Roger cat: . go. Go have your baby. Mrs. Dougherty: Mr. Mayor, let the record reflect that this is an emergency ordinance. Mayor Ferre: Come on, Erny. t Mr. Erny Fannatto: Mr. Mayor, I think the rates in the parking garage is very important to the economy of the City of Miami and to the businessmen. I'd like to know what these rates are before you vote on them. 1'd like to express an opinion one way or another. } Mayor Ferre: It would add $24,000 in revenue for the remainder of the year, and $180,000 for '85 and '86. Do you want to give it to us in specifics? Mr. Roger Carlton: Mr. Mayor, there are two rate increases envisioned to go into effect on June 1st. The first one is that the early bird daily rate would go from $3 to $4. The garage is at capacity and we think that this rate increase is in order. The second one is a rate going from $55 to $60 for the monthly effective June 1st and then to $67.50 on October lst. Mayor Ferre: Are we ready to vote? _ Mr. Fannatto: I just want to be on record, Mayor, of approving these rates. I think it's about time we got down to business and did something about these high rates downtown. People can't come downtown even to eat for an hour. They clip them for $4 and $5 in some of those places. I think we need more garages like this here. i Mr. Carlton: I believe he was in favor. Mayor Ferre: Are we ready to vote? Call the roll. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING SECTION 53-161(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH j CREATED A SCHEDULE OF FEES FOR THE USE j OF THE CONVENTION CENTER PARKING GARAGE — (MUNICIPAL GARAGE NO. 4) BY CHANGING THE RATE SCHEDULE FOR THE USE AND OCCUPANCY OF AND THE SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION WITH THE MIAMI CENTER AND PARKING GARAGE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre _ NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT: None. i sl 95 May 23, 1985 Whereupon the Commission on motion of comissioner Carollo and seconded by Commissioner Perez, adopted Said ordinance by the following vote - AYES Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT: None. SAID ORDINANCE FAILED TO PASS DUE TO 3/5, INSTEAD OF 4/5 VOTE. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer: Sorry, it takes four fifths. It's an emergency ordinance; it fails. Mayor Ferre: You have to as it as a regular and then come back at the next meeting. The next meeting will be, if we have a special meeting, it might be next week. Mr. Plummer: Mr. Mayor, for the record, let me indicate why I voted no. I indicated to Mr. Carlton and to Dr. Young I think it's foolish to go at it in two steps. If you're going to have a rate justification and it's justified, then do it all at once and get it over with. I don't like the two step process. You do it in one step, I'll vote for it. Mr. Carlton: J.L., could we do this? Could we go to the $60 now and then we'll bring the budget back for a budget hearing for October 1st? Mr. Plummer: No, I told you that before. Go to the rate schedule that you wanted to propose at one time. You cannot justify, Roger, four or five months down the road going up another schedule and have the people say, "We just went up three months ago or four months ago." Mr. Odio: Mr. Mayor, we're way under the other garages. One step will be.... Mr. Plummer: Go to the $67.50, I'll vote for that. I told you that. Mayor Ferre: Plummer moves, Dawkins seconds; read the ordinance as amended on an emergency basis. Mr. Dawkins: Under discussion, Dr. Young told me, now I need to get it from Roger, I was assured that if you go up on the rates, that the parking garage will remain full, that people will not go somewhere else. Is that a true statement? Mr. Carlton: Yes,: sir, Commissioner, even at this rate of $67.50 that you're voting on now, it is a lower rate.... Mr. Dawkins: How much lower? Mr. Carlton: It's the same as the next door garage and significantly lower than the other ones that are within a block, as much as $20 to $30 a month lower. sl W. May 23, 1985 j Mr6 hawk ns: No, no, here we go again, I know damn well you Atudied this and know exactly what it is. I know you know exactly how much difference there is, Mr. Carlton. Mt. Carlton: Yes, sir. lMr. Dawkins: Please give me that. f Mr. Carlton: The Apcoa Garage at Howard Johnsons, which is next door, is $67.50 today; it's already that rate. The One ! Biscayne Tower Garage, comparable facility, is $73.50 today. The Dupont Plaza Garage is $75.00 today. The Apcoa Garage, which is catty -corner from the Howard Johnsons is $78.75 today. The Roberts Garage, which is in the west side of this, $78.75. The Southeast Bank Garage in the new building, $94.50 today. 1 can make a categorical statement in response to your question that this is significantly less than comparable garages within a reasonable distance. Mr. Dawkins: The only thing that I have to add is, if you find that your new rates are driving people out of your jgarage, come back but don't expect me to vote for a parking { meter to change or nothing to make up your difference. Mr. Carlton: I agree. l Mr. Dawkins: No, no, no, I'm making a statement. I don't want no discussion; I'm merely making a statement. Mayor Ferre: Are you ready to vote? Mr. Plummer: Call the roll. Mayor Ferre: As amended, are we ready to vote? Call the roll. AN ORDINANCE ENTITLED- i AN EMERGENCY ORDINANCE AMENDING SECTION 53-161(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH CREATED A SCHEDULE OF FEES FOR THE USE i OF THE CONVENTION CENTER PARKING GARAGE BY CHANGING THE RATE SCHEDULE FOR THE USE AND OCCUPANCY OF AND THE SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION WITH THE MIAMI CENTER PARKING GARAGE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by s Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote- sl 97 May 23, 1985 AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES : None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9994. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. r ---------------------------------------------------------- 39 CONTINUED DISCUSSION REGARDING PROPOSED CHANGE IN FORM OFF GOVERNMENT. PROPOSED CHARTER AMENDMENT TO BE SUBMITTED TO THE ELECTORATE RE PARTISAN ELECTIONS FOR THE OFFICE OF MAYOR. (See label #53) ------------------------------------------------------------ 3 Mr. Carollo: We're back to partisan elections. Mr. Plummer: We're back to elephants and donkeys. - Mr. Carollo: I read what the democratic party chairman had to say and just briefly read the bottom line of the resolution that was passed by the Republican Executive ' Committee of Dade County and endorsed by Jeb Bush, the party chairman of the Republican Party. It says: +++ "Therefore, let it be resolved the executive committee of the republican party calls for a structural change in county and city government, such change is consisting of a strong executive type of mayor and calls for district partisan elections." They are calling for partisan elections also. In fact, I started seriously thinking about this when Jeb Bush sent me a copy of this resolution and wrote me a hand-written note suggesting it to me that we would bring this issue up. What ' I would like to propose at this time are the following resolutions. That we put a separate amendment in the ballot dealing with the question of partisan election. The first motion I'm going to make will apply for the whole Commission. If that does not pass, then I will limit myself to just the position of mayor and then go from there. Mayor Ferre: It would be in a resolution form. If it passes, then Lucia would have to incorporate it into this.... Mr. Carollo: No, it's going to be a separate amendment. Mayor Ferre: J.L., we have a time problem. If we pass this.... Mr. Plummer: She brings it back the night before we leave. Mayor Ferre: Would it get on the same ballot? Mr. Plummer: Why not? Mayor Ferre: We're not going to have two elections. Mr. Plummer: It's a separate question. sl 98 May 23, 1985 Mayor Ferre: But the timing of it for it to be legal, you have to have a public hearing. If you amend this ordinance, which you could do if this thing passes in a resolution, then I think legally you are in a better stronger vehicle for it to stand. You know this is going to be challenged in court. Mr. Plummer: I forgot about the public hearing. Mayor Ferre: You have to have a public hearing. This is a public hearing. It's a germane issue. Isn't it, Lucia? So, technically the ordinance that you have, if it's the will of the majority, this could be incorporated into this ordinance. Mr. Plummer: Does that make a substantial change in this ordinance as proposed? Mayor Ferre: This is first reading. Mr. Plummer: Oh, it's first reading. We can do anything we want. So what you're saying, Joe, is to get it incorporated in the same election in August, it's going to have to be incorporated in this ordinance, rather than a separate. Mr. Carollo: I understand what you're saying. He's technically right. I have no problems in doing it that way. I would have preferred doing it the other way, but.... Mayor Ferre: It will be still separate questions. Mr. Carollo: I know, but you have to incorporate it.... Mayor Ferre: With this ordinance. Mr. Carollo: ....with this ordinance. Is that basically correct, Lucia? Mrs. Dougherty: You're saying to have two different ordinances that come up simultaneously. Mayor Ferre: No, ma'am. It would be one ordinance, two questions. Mrs. Dougherty: You're going to subject the ordinance to challenge. That's the whole problem with the districting and the.... Mayor Ferre: Lucia, please forgive me, I think you're confusing something. Let me see if we can get it straight. This is a continuation of a public hearing. Commissioner Perez had some changes. Mrs. Dougherty: You don't have to have a public hearing on first reading. Mayor Ferre: Let me finish. You and he have discussed these changes. He has now come back with his changes and read them into the record. You are now changing. Now comes subject on the same, issue. The other subject is brought by Commissioner Carollo. This is a public hearing. Is that correct? Mrs. Dougherty: No. This is first reading. You don't have to have a public hearing. It's like you initiated it for the first time. Mayor Ferre: I will remind you that there was a public hearing at the last Commission meeting. sl 99 May 23, 1985 Mr94 Dougherty: Yes. Mayor Ferre: I will remind you that was continued, Mrs. Dougherty: That was a continuation of the public hearing for the second reading of that ordinance. This is a new ordinance. Mayor Ferre: Precisely, since we are dealing with the second hearing of the ordinance, and now it is being amended substantially, which makes it a first hearing, it is nevertheless, under the law, technically, a public hearing. Is that correct? If it isn't, say it isn't. Mrs. Dougherty: I don't think it is. It's a new ordinance. Mayor Ferre: Of course it's a new ordinance, but it's a continuation of a public hearing. If you have a public hearing and you continue it, then when you meet again it is still a continuation of a public hearing. Mrs. Dougherty: For the second ordinance. Mayor Ferre: Precisely. Mrs. Dougherty: For the second reading of the first ordinance. Mayor Ferre: Precisely, that's what I said. Now, we are going to amend it, and it's going to be a first reading, but it is at a public hearing that this is done. Mrs. Dougherty: Fine. Mayor Ferre: Is that correct? So this is technically a public hearing. It is a continuation of a public hearing. Now, the question now comes on this public hearing, we now have a new amendment, which has been brought up by Carollo. If it passes, it will be on first reading. We have to have a second reading. Mr. Plummer: Will the second reading be a public hearing. Mrs. Dougherty: My first problem is this is a separate issue. A second subject in one ordinance. You're making this whole ordinance be subject to challenge because you have two questions in the same ordinance. The one subject ordinance rule.... Mr. Carollo: Lucia, let me make things a little simpler. What does the City Charter say about practicing law without a license. Mrs. Dougherty: It doesn't mention it. Mr. Plummer: It says you automatically ascent to City Attorney. Mayor Ferre: Well,, ell, I think the whole issue is getting so complicated, we're almost not there. I'm about to just fold it. As I understand it.... Mr. Carollo: I don't think it's complicated at all, Maurice. I think you are both saying basically the same thing. We just have to go about it in technical, legal ways to place it on the ballot. Mayor Ferre: That's what I'm trying to do, but as I understand it now, what you're saying is, this is not a sl 100 May 23, 1985 00hstitutional issue. There is no law anywhere iti the State of Florida that says we have to do this separately, Wolfe going to have separate ballots. Mr. Plummer: There is. (' Mayor Ferre: 'There is none. i Mr. Plummer: The one issue law by the Supreme Court. Mayor Ferre: No, sir, that deals with constitutional matters, as we have discussed. Mrs. Dougherty: Mr. Mayor, you have a Charter requirement of a one subject rule. Mayor Ferre: I would point out to you that some of the changes that you're making with the five member Commission are also separate from the issue of the Mayor, so you are in effect, dealing with more than one issue in this. All I'm saying is, I accept the premise that this will be separate votes, if it passes this Commission. It has to be a separate ordinance, O.K. Mrs. Dougherty: If you want to make them concurrent, since you're not going to pass it on second reading until June 13th anyway, if you wanted to have a meeting tomorrow for the partisan elections, we can prepare the ordinance tonight and they could come up on the same ballot and be read on second reading on June 13th. Mayor Ferre: That I would accept. It will have to come up before we break tonight, if that is the will of the majority. Carollo, what other issues do you have, Mr. Carollo? Mr. Plummer: Did you understand what she said? Mayor Ferre: Yes. Mr. Plummer: No, Joe, did you understand? Mr. Carollo: Can you go over it again, Lucia, one more time. Mrs. Dougherty: We're going to prepare a separate ordinance making partisan elections, so you can pass them both separate ballot questions, separate ordinances on second reading. d Mr. Carollo: Today. Mrs. Dougherty: Yes, today, and on second reading on the 13th. Mr. Carollo: That's what I thought originally we could do. What's so complicated about that? Mrs. Dougherty: I'm sorry to be complicated. Mr. Carollo: Back ,to the original question of now partisan elections, I think the concept that we should follow, in my opinion... there is, of course, two ways we can go about it. It's to do it like they do in Chicago, as they do in Los Angeles that you have your primary, you have the party elections. You have the candidates for the Democratic Party running and the candidates for the Republican Party running, and the high man or woman, for that matter, wins, a priority of the votes will win. It's not 50% plus one, the same way that the mayor of Washington, Chicago won the Democratic sl 101 May 23, 1985 primary. Then the winner of each primary, Democrat and Republican, would face each other in the general election. Now, those that are registered independent that might want to run as an independent candidate, would then have to go and get 15% of the signatures of registered voters in the City of Miami to' be able to be placed in the ballot as an independent candidate. Either that or they would have to switch to one of the major parties. Are my colleagues following me? So, what I'm going to do, the first motion that I'm going to make is going to be for the full Commission and the Mayor to become partisan races, based upon the process that I described here that Chicago type of partisan elections. Mayor Ferre: Commissioner, let me, as I stated before to the newspapers, I really have some mixed feelings on this. I have to tell you that I think partisan races are better than non -partisan races in any government. The problem that I have with it in Miami is that the membership of the Republican Party within the City of Miami is so overwhelmingly Cuban that what will happen in Miami, I think, is that it will therefore become a Cuban/non-Cuban process. Mr. Carollo: Mr. Mayor, any which way you cut it, you're going to be seeing that situation in the City of Miami. Mayor Ferre: I know that, but this institutionalizes it in partisan races. Mr. Carollo: No.... Mayor Ferre: Let me finish, because I do have a thought that I want -unless if you want to finish your statement, I'd be happy to.... Mr. Carollo: Go ahead, Mr. Mayor, I'll take notes and I'll try to reply to some of your concerns. Mayor Ferre: The main issue that concerns me is whether or not we should take this one step at a time. See, the reason why we always keep... why this thing has been to bat and it falls out again and again and again, is that we're trying to do too many things at one time. It seems to me that maybe what we ought to do is to put this one issue before the people, just as one simple issue of an executive mayor and then come back in November and I would vote for this on a ballot basis, so that two years from now in the next election, if the people support it, it would be a partisan election. Now, it seems to me that we should take this one step at a time. Maybe what we ought to do is go for the strong Mayor and see if that passes, then go for the partisan and see if that passes, and then go for the districts and see if that passes. I don't mind voting for partisan elections. I do think we ought to take it one step at a time. Mr. Carollo: Mr. Mayor, I can certainly appreciate and respect your feelings on that, but as I previously stated, in a City that's 62% Hispanic, where today approximately 51% of the registered voters are Hispanic, a majority of those, Cubans, any which way you go about it, whether partisan or non-partisans, the end result is going to be what you described. You know, that's the democratic process in this country that every major city has followed. That's what some call majority rule. If it's good enough for some to campaign for it in South Africa, why ain't it good enough for Miami? I think it is. So, I can understand your concern that maybe we're taking on too much at one time. Maybe in districts, you're correct; but since the partisan sl 102 May 23, 1985 La election is something that I think should go hand in hand with the executive Mayor, strong Mayor type of government, I don't necessarily think we're off on that. Maybe, I mean, I'll be willing to compromise, and if a majority of my colleagues do not want to have partisan elections at the Commission level and only at the Mayor's level, then I'll be willing to go along with that, and then revisit the issue of districts and partisan elections that the Commission level i at another time. Mayor Ferre: In that particular area, there is no way for us to be half pregnant. I think if we're going to go to partisan elections, we need to go to partisan elections for everything. I don't think we should be part partisan and part non -partisan. That seems to me... I don't know of any city in the world that has that, not that inventing a new wheel wouldn't be necessarily all bad, but why go into this? Either we're partisan or we're not. I think we need to decide that. Either the Commission would go to partisan elections or non -partisan. Mr. Carollo: Let me start by making the first motion. If this doesn't pass, then I'll make the second motion. Mayor Ferre: I will accept the motion to test the waters to see what the will of this Commission is. The first motion is that the elections for the election of Mayor and Commission in November of 1965, if accepted by the people of Miami in a separate Charter vote, be partisan elections. As I understood your motion originally was that for somebody to run as an independent, he would have to get 15%.... Mr. Carollo: Of the signatures of the registered voters of Miami. Mayor Ferre: Of year that means that you need to get 18,000 signatures. Mr. Carollo: He could do either. Mr. Plummer: Ask T. Willard Fair. He can give you the exact number. Mayor Ferre: We have a motion on the floor. Let's see what the will of this.... Is there a second to the motion? Mr. Carollo: Let me read it officially, Mr. Mayor. A resolution instructing the City Attorney to draft an amendment to the City Charter to be known as "Charter Amendment No. 2" providing the holding of partisan elections for the office Commissioners and Mayor effective November 1985 and it would have a process where top vote getter in each party's primary will automatically face to top vote getter of the other party in the general election a week later, as we have established now. An independent candidate would have to go out and get 15% of the signatures of the registered voters of the City of Miami in order to get in the ballot. Mayor Ferre: That would of course provide for a run-off in the general election, should there be an independent, a republican, and a democrat and nobody can get 50% plus one. Mr. Carollo: Mr. Mayor, I think that would certainly be appropriate to include in there. Mayor Ferre: Now we have to also set the date. That's something that we'll do in the ordinance, so let me see if we get a second to that motion. Is there a second? Is there a second? Lastly, is there a second to that motion? sl 103 May 23, 1985 Mr, Carollo: There is apparently no second, so.... Mayor Ferre: Let me make a statement into the record. if we pass in July, I'm sorry, in August a strong Mayor, it would be my intention to, if there is three votes, to put this matter along with districts on in the November election. Mr. Carollo: I would go along with that, Mr. Mayor. Mayor Ferre: I say that clearly; I'm just speaking for one person. Mr. Plummer: You're saying that if the strong Mayor passes, then, oh, I see, O.K., but that would be for the November ballot? Mr. Carollo: Yes, effective '87 is what he's saying. Mr. Plummer: It would apply on the '87. Mr. Carollo: My next motion would be the same as the previous one with the exception that it would only include partisan elections for the office of Mayor and not for the Commission. Mr. Dawkins: Since we're going to... I'll second it for point of discussion. Mayor Ferre: Go right ahead. Mr. Dawkins: Since we're going to vote for a change, if there's a strong Mayor, we may as well vote for the change now and that with the Mayor, the Mayor let it be... I'm agreeing with you. Mr. Carollo: So it's the same as the previous motion, the only thing is that this new motion will be limited to the office of Mayor. There is a motion and there is a second. Is there further discussion? Mayor Ferre: You can't call the question, because you are the maker of the motion. Mr. Carollo: I'm not, I'm just asking if there is any further discussion. You're the Chair. Mayor Ferre: The motion has been made that this be in November limited to the office to the Mayor. Mr. Plummer: That's the strong Mayor if the strong Mayor passes. Mayor Ferre: If the strong Mayor passes, obviously. Mr. Carollo: No, this is a separate question altogether. Mr. Plummer: You're saying it would apply to the Mayor if the strong Mayor fails? Mayor Ferre: No, if it passes. Mr. Plummer: No, wait a minute. Which way are you doing? Mayor Ferre: Oh, you're applying it one way or the other. Mr. Carollo: Yes, if I don't have support for that, let's hear it under discussion. s1 104 May 23, 1985 Mr. Plummer: No, no, Joe, I'll vote with the motion if the strong Mayor passes, I'll vote with the motion. If the strong Mayor fails, I vote against the motion. j Mr. Carollo: O.K. , it seems that is the only way I'm going to get three votes for that one that way, so, I'll go along with your suggestion. Mayor Ferre: It seems to me that if this passes, then we need to revisit the issue of doing it for the whole I Commission because I think what is even worse is to have a split Commission where you have the Mayor's election on a partisan basis and not the Commission. Of course, I would be out... well, maybe let me not say that. Mr. Plummer: As we've always said, Mr. Mayor, we'll be glad to kiss your elephant if you'll kiss our.... Mayor Ferre: Well, you've never gotten me to do that in twelve years, Plummer, and you're not about to get me to do that today. Mr. Plummer: I'm not speaking to you, to the issue. Mayor Ferre: I'm just telling you I'm speaking to you. All right, are we ready to vote? We have effectively killed the strong Mayor position. Ready to vote on this new issue? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-555 A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN AMENDMENT TO THE CITY CHARTER TO BE KNOWN AS "CHARTER AMENDMENT NO. 2", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE HOLDING OF PARTISAN ELECTIONS FOR THE OFFICE OF MAYOR IF THE PROPOSED EXECUTIVE MAYOR CHARTER AMENDMENT KNOWN AS CHARTER AMENDMENT NO. I , SCHEDULED FOR REFERENDUM ON AUGUST 13, 1985 BECOMES EFFECTIVE SAID PARTISAN ELECTIONS TO COMMENCE NOVEMBER 5, 19985; SETTING FORTH PROCEDURES FOR NOMINATION OF CANDIDATES; PROVIDING FOR FIRST AND SECOND PRIMARY NOMINATION ELECTIONS; AND PROVIDING FOR THE NAMES OF QUALIFIED INDEPENDENT CANDIDATES TO BE PLACED ON THE BALLOT AT THE REGULAR ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: NOES: ABSENT: 61 Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mavor Maurice A. Ferre 105 May 23, 1985 Mayor Ferre: On the issue of the revisiting, now that it's the will of the majority to have this in the Mayor's race, I think it must be uniform for every... otherwise, it's a travesty, so I would pass the gavel on to my colleague. Now, since I was on the prevailing side, make the motion that the item that was previously voted down on making the Commission race as partisan, be revisited. Mr. Carollo: There is a motion. Is there a second? 1s there a second? Is there a second? It's gone. Mayor Ferre: O.K. Mr. Plummer: Now we're back to the strong Mayor. Mr. Carollo: I would respectfully like to ask the Chair if we could hold off at least a few minutes on the question of the executive Mayor. Mayor Ferre: O.K., I will be voting against that. Mr. Carollo: So that a couple of areas that I'm not quite certain about and I'm still kicking around the idea of the two years or four years. Maybe you were right originally. Mayor Ferre: It's not going to make any difference to me, so you do what you want. I will be voting against. Mr. Carollo: If I could respectfully ask of the Chair if we could that hold that off for a little later in the session. Mayor Ferre: Fine, that's very good. Mr. Plummer: Every T.V. camera is looking at their deadline. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 4:57 P.M., RECONVENING AT 5:00 P.M., WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONERS CAROLLO AND DAWKINS. TAPE 13 40 PROPOSED POLICE SUB -STATIONS - APPROVE SITE FOR NORTH DISTRICT - EXAMINE OTHER POSSIBLE SITES IN LITTLE HAVANA AREA Mayor Ferre: We're now in session. The next item to come before us is item 23, which is the proposed police substations. Go ahead, Chief. Mr. Pereira: Mr. Mayor, as you know at the last Commission meeting this issue came up and the administration said we would have a report for today's meeting. We have gone through an extensive community participation involvement, specifically on the south district substation. I've asked Chief Dickson to make the presentation to you, Chief. Mr. Clarence Dickson: Thank you, Mr. Manager. This presentation is the result of the last Commission meeting we had on the 14th of February and the Police Department was asked to go back and come forth with the following information. The modification of staffing and services utilizing existing personnel only, substation multi -year plan, the substation national survey, and the Little Havana sl 106 May 23, 1985 additional sites. We have done these things and I'll go Over them briefly with you. As directed by the City Commission, the Police Department solicited additional south station locations to the Little Havana Substation Committee. An important meeting with the committee on May 2, 1985 produced five additional locations, which were added to the two original committee selected sites. A site analysis and a fact sheet for each of the south sites, as well as for the north station sites, are attached to the packages that you should have in front of you. The consensus of the Little Havana substation committee was that the station be built along S.W. 8th Street. Based on that input and the site analysis information provided by the Planning Department, it would appear that sites number 2 and 3 conform to the established criteria. The Police Department can operate a substation from either of these two locations. The citizens committee preference for the north station sites is located at 1060 N.W. 62nd Street, and may be obtained through a i dollar per year lease agreement with Dade County. This long term arrangement is currently being reviewed by the Law Department and the Division of Property and Lease Management. When the substation program is approved by the j City Commission, the consultant selection procedures will be resumed. It is anticipated that authorization to negotiate professional services agreements with the consulting teams recommended by the consultant selection committee will be sought at the June 27th City Commission Meeting, with ratification of the agreement scheduled for July llth. i _ ------------------------------------------------------------ " NOTE FOR THE RECORD: Commissioners Dawkins and Carollo entered the meeting at 5:03 P.M. ------------------------------------------------------------ Mr. Dickson: One of the things that we were asked to do was to take a loot, at the multi -year cost plan and stretch it out over a sever, to ten year period. That is accomplished over a seven year period from 1985 to 1992, with the total cost of the original_ $6.6 million spread over a seven year period. I would like, just briefly, take about five minutes to go over the site selections to give you an idea of where they are and how they look basically. Jose, site number 1 is 1.3 acres, 56,800 square feet. It's at West Flagler Street and 25th Avenue. Mr. Pereira: This is in the south district right? Mr. Dickson: Yes, south district, this is the Highway Patrol Building at this time. It'll be there for about another year and a half, after that we don't know whether they are going to sell, move or stay. Site number 2, Jose, is at the Tamiami Gun Shop location, S.W. 8th Street and 29th Court. This is 1.7 acres 74,300 square feet. There are two vacant lots, two businesses and seven dwelling units that will have to be also obtained by the City. I have some additional information if you have any questions, go right ahead. Mr. Plummer: Chief, excuse me, the Police Department, we understand is at Government use, but it is still primarily a commercial operation. It's surely not a residential operation. It bothers me that you are extending back in with these two sites, I think maybe the other, that you are =� extending back in to a residential area. I don't know if any other Commissioner has a problem with that, but I guarantee you the neighbors would have a problem, where you 7 are going from a totally residential, in both of these sites, a totally residential area back into a totally commercial area back into a residential area. I got to tell you I have serious problems with that. 61 107 May 23, 1985 0 0 Mr. bicksont Let me remind the Commission that these sites are not recommended by the Police Department. These are bites that were recommended by the citizens' committees that we were asked to put together and to solicit their input. These are the sites that were selected by the citizens who live predominantly in these areas or in that location at least. These are not sites that the Police Department is recommending. Mayor Ferre: What are the sites that the Police Department recommends? Mr. Dickson: Well, we, the Police Department, had to more or less do as we were asked to do, and that was to allow the priorities of sites to be done by participation from the community. So therefore, it's our position until we are asked what is our priorities.... Mr. Plummer: Was any consideration given to buying the front half of two, the front half of three and the parcel in between? So you are only totally only into the 8th Street side and you do not interrupt the residential side. Do you follow what I'm saying? Mr. Dickson: Yes, I understand. Mr. Plummer: That way you would enter into the station and exit both on the 8th Street side, rather than onto the residential area. Mr. Dickson: I can't answer that question, Commissioner, but maybe someone here can. Mr. Plummer: That would not hold true in the major intersections where there is already commercial. For example, 28th Avenue. You could enter on 8th Street and exit on 27th and you're not interrupting the residential area. Mr. Dickson: I'm told that to do it that way would not allow sufficient land availability. Mr. Plummer: In this site, you'd be getting more land. Mr. Dickson: Well, the people who handle, let them talk to you. Ms. Juanita Shearer: Commissioner Plummer, in the case of sites 3 and 2, there happens to be a street in between, so utilizing that theory in that situation might not work out too well. One of the reasons why we looked at these two sites and the other ones, and not sites in the downtown Little Havana business district, is most of those pieces of property are too small and we also did not want to begin the process, along with the community groups, by taking property from viable businesses. Mr. Plummer: Juanita, my only problem is the disturbance of a residential, totally, purely residential area. Either one of these sites, as proposed, would do that. I would be opposed to such a site. Imagine if you live back on 7th :j Street.... Ms. Shearer: I understand what you are saying, Commissioner Plummer. I believe we.... Mayor Ferre: I just wanted to say that both sites 2 and 3 are extremely small pieces of property. I think that is a major mistake that we're making. Site 2 has 13,650 square sl w May 23, 1985 0 & feet and site 3 is acceptable because that has 27,000 square feet. Ms. Shearer.: Mr. Mayor, the break -down that you are looking at is only a partial of that which is the whole site. Site 2, the specific section that you are addressing on site 2 is specifically that taken up by, I believe, the Tamiami Gun Shop itself. If we.... Mayor Ferre: I can only go by what I read. Ms. Shearer: I understand. Mayor Ferre: I make judgments on the information provided. The information provided for site 2 says that the total land area is 13,650. Are you telling me that the total land area is not 13,000? ! INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC i RECORD. f Mr. Perez: Do you have the answer to the question that I made you yesterday about if the City has contacted the { property owner of all these properties? Mr. Dickson: Commissioner Perez, I think there were only two places actually contacted to see if the property was actually for sale or could be bought. The other places were not contacted. I think that was sort of the strategy that we didn't want to.... Mr. Perez: But all this.... Mr. Dickson: I can't say that those places were contacted by anyone from the Police Department. Mr. Perez: Yes, but who recommends these sites? The 1 citizens? And what is the form of recommendation from the department with the citizens' suggestions. Do you have any formal recommendation? Mr. Dickson: Sites 2 and 3 are recommended as priority by the citizens' group. Mr. Plummer: Chief, you go to site 8, the Liberty City site, that does exactly what I proposed. All of that site enters from the 62nd Street side. It does not violate the integrity of the residential area. I think that is what you must have in the south stations, the same thing. Ms. Shearer: Commissioner Plummer, I believe that we could if you could consider this. Confine our access and egress on to the site if we chose the ones that we're looking at in Little Havana, to the business district side. Mr. Plummer: Juanita, when you've been around for 15 years, you find out how walls suddenly become to have a hole in them and they suddenly start using that as an entrance and exit. Mr. Pereira: Let me ask a question of staff, if I may. West of site 3, is that a clear lot, because I can't determine that from the picture. Mr. Plummer: Which one, 3 or 2? Mr. Pereira: Three, west of it on the business district side, is that an empty lot there? �. 109 May 23, 1985 a a INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Pereira; That's an old picture. UNIDENTIFIED SPEAKER: There is an new building west of site 3. Mr. Pereira: Is that the bank? O.K. Mr. Plummer: Site 2 is Site 3 is Sorrento's? Sorrento's? Ms. Shearer: Site 2 is the Tamiami Gun Shop site and the surrounding properties; and site 3 is the Sorrento's site. Mr. Plummer: The ideal site is lost, the old Pantry Pride at 19th on the Trail. That would have been an ideal site. Mr. Dickson: Where is that? 3 Mr. Plummer: The Pantry Pride that is now Sedano's at 19th 9 and the Trail, because that runs from street to street. Mayor Ferre: Isn't that too close by, J.L. Mr. Plummer: Maurice, I'm thinking of one that does not i bust into the residential. Mayor Ferre: We're not here to decide this, are we? Mr. Plummer: I don't know. He's here on a report and an update, I guess. These are the sites that they've looked at. I Mr. Pereira: In order to move forward, Mr. Mayor, with the selection of architects, the acquisition, so on, and so forth, we need approval of two things: approval of the plan, the operational plan, which you've asked to be modified and i we have phased into seven years, as well as to the sites, so that we can move ahead with the selection of consultants, design, and get on our way. The sites that you're looking at in the area of Little Havana, at the direction of the board, it is my understanding, because I got this as I became your Manager, we were instructed to go back and review all of these sites that we presented to you today and get the input from the neighborhood groups that were involved in the selection process. What you have in front of you today is the consensus of that neighborhood group that had input into this process. Mr. Dawkins: Mr. Mayor, my biggest problem with this is that we have the site for the Liberty City and I constantly ask the Manager and even you and the rest of the Commissioners have asked that this be expedited; and yet i each time they come before us, it's nothing definite about what they're going to do with neither one of the substations. As long as we have been on this, they should have come to us today with two sites, one in Little Havana and one in Liberty City. Since there is only one site in Liberty City, I don't know what they problem is in Liberty City. The county has made the land available for a dollar a year for 30 year: . Instead of coining here today, as I expected they would, with architects and everything for both stations, they have still not negotiated for the Liberty City site and still don't know what to do about the Little Havana site. So, Mr. Manager, I need, first thing is, when this is over, I'm going to make a motion, sir, that in the next two weeks at the next meeting, I make a motion that at the next Commission meeting you bring back to this Commission an architect and whatever is needed for the sl 110 May 23, 1985 a a Liberty City station and that at the next meeting you bring back one or two sites that the citizens and the Police Department have agreed on so that this Commission can get about the business of providing these police stations. See, if you continue to come back here with this kind of undecisiveness and nothing that we could sink our teeth into, we don't have anything, sir. So I move that you bring back for this Commission at the next Commission meeting your ' architect and whatever you are going to do with the Liberty City station and that you bring no more than two stations and an architect ready for us to go to work on the Little Havana station. Mr. Dickson: May I respond, please? Mr. Dawkins: Yes, sir, please. 1 Mr. Dickson: We have precisely what you asked for, Commissioner Dawkins, if we are given a chance to present what we have, we have presented, but a lot of work has gone into this. If we go back again, we're going to come back with precisely what we have now with the exception of the additional architects which the Police Department really have nothing to do with, but what you are asking for now we j have here if we are given a chance to give it to you. Mr. Dawkins: Give me two stations. No, what I'm saying, hold it chief.... Mr. Dickson: Stations 2 and 3, sir. Mr. Dawkins: Chief, what I'm saying to you is, name me two sites right now in Little Havana that Commissioner Perez, Commissioner Plummer, the Mayor, Carollo and I can say, "Well, we'll take one of these two." Give me the two that you think we can go with. Mr. Dickson: Sites 2 anu 3. One is the one we're looking at now with the modifications that Commissioner Plummer was talking about. The other one is site S.W. 8th Street, between 30th and 31st Avenue, 1.8 acres, and that is site number 3. Mr. Dawkins: Site 2, how many households will we displace, as Commissioner Plummer says? Mr. Perez: In the Little Havana area, I think it would behoove the Chief to try to find some sites inside the limits of the Little Havana. Sites 2 and 3 are out of the limits of the Little Havana area. Mr. Dawkins: O.K., I'll amend my motion. Mr. Perez: It would be better to have something between 8th Avenue and 27th Avenue. Mr. Dawkins: I amend my motion to include what Commissioner Perez just said. Mr. Pereira: Commissioner Dawkins, if I may, we have prepared at this point to make a recommendation. In the additional information that was submitted to you, we are prepared to make a recommendation on the north station site, which is 1060 N.W. 62 Street. If you approve that site today, we'll move ahead immediately in the selection of architects and we have the county already working on the transferring of that property on a one year lease on a long- term lease. Mr. Dawkins: Will that be ready in two weeks, sir? sl 111 May 23, 1985 4 0 I Mr. Pereira: Juanita, can we get the Selection of the architects in two weeks? Mayor Ferre: I need to ask on the record, because I will be g asking for a full fledged investigation, I understand that there has been an architect that has been already drawing some designs and I am going to ask that the State Attorney investigate that to find out exactly how and... I understand that an architect has already been drawing. i Ms. Shearer: We have not had any architects working for us or with us in any program, Mr. Mayor. Mayor Ferre: I want to make sure that no commitments have been made. Ms. Shearer: We have made no commitments. Mayor Ferre: People have been out drawing and making designs on the premise that somebody is going to get that job. Ms. Shearer: Not to my knowledge, sir, we have no involvement in that. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC { RECORD. Mayor Ferre: In any site, I don't care which site. I just want to make sure this goes through a full professional process and that somebody doesn't assume that something is that isn't. Mr. Plummer: Mr. Manager, under the normal process, how long does it take to select an architect? Ms. Shearer: Commissioner Plummer, at the Commission meeting of the 13th, we can come back to you with seeking authorization to negotiate with the selection committee's top three choices of architects. So, in other words, following the City's process in fast tracking it, we can return and have you choose one of the top three people so we can proceed, but that's based on knowing that the building program is not going to change substantially from that which 1 is being proposed and that we advertise. Mr. Plummer: Excuse me, at this point, it might be getting the cart in front of the horse. I have seen no proposal before this Commission as to the size of the structure in any way, shape or form. We see the size of the property. But of course, what the size of the structure is going to greatly determine the cost of the price of the structure. Ms. Shearer: That's true, sir. Mr. Plummer: This Commission has to make that decision as to how big that building is going to be. Ms. Shearer: That's true, sir, however, when I am speaking of the building program, I'm referring to the manner in which it is intended to function, which will be related to how the operation is funded. If we have an understanding of what kind of activities are anticipated to take place in the building, and they are substantially within the scope of that which was advertised for the project, the final size of the building is not necessarily a constraint. Mr. Plummer: All right, what do you want to do, Miller? 61 112 May 23, 1985 6 a s Mr. Dawkins: I'm just as concerned as the Mayor, and I really don't see how. I don't know. I make the motion that in two weeks you bring back the RFP to put out ready for us to approve and put out for the architect and that you also bring back two sites within the Little Havana area, as requested by Commissioner Demetrio Perez. Ms. Shearer: Commissioner Dawkins, if I may, sir, we have already, in anticipation of starting this project sometime ago, we have advertised the project already. He have proposals from architects. We have not examined in any way because at the February 14th meeting, I believe, or subsequent to that, we were advised to put the consultant selection process on hold until the program and the way in which the building was to function, was determined. Mr. Dawkins: Mr. Manager, what do you want to do on this from me for the next meeting, sir? Mr. Pereira: What I would like to have is, obviously, if we have agreement on the substation on the north district, to approve that site and move along with the selection of architects and come back to you at the next Commission meeting with a recommendation of a firm to proceed and design and negotiate the design of that site. Obviously, I hear some concerns with the site on the Little Havana area. Commissioner Perez wants it to be moved into the geographical limits of Little Havana. Commissioner Plummer has a very valid concern in terms of the egress and ingress of the site, so obviously, we're going to have to go back and see if in fact we can find one and a site within the Little Havana districts, and number two, if there is a solution with sites 2 and 3, which seem to be the preference of the citizens' committee that review this selection of site process. Mr. Dawkins: I go along with the Manager's suggestion, Mr. Mayor. Mr. Plummer: Let me ask this question. Is it within the power of the City to condemn property for this purpose? Mr. Pereira: Yes, a public purpose. Mr. Plummer: In other words, I was just asking Commissioner Perez if Flagler Street were to be acceptable, I think an ideal site to be considered, and I'm sure you probably have to condemn, is that site at 22nd Avenue and Flagler that is basically an island on to itself from 22nd Avenue to Beacon and from Flagler to S.W. 1st Street, and then you're not really interrupting anyone, and you have access from all three ways on that property, because there are only three ways, and there are no residents to be displaced. Whether or not you could negotiate to buy it without condemnation, I don't know. But I think it would be an ideal site, because it doesn't interrupt any of the residential areas. You were talking about one of the sites that you talked about was three blocks away at the Florida Highway Patrol. That does back up to residents and it's only three blocks difference between the two. I just offer that as being to me ideal. You don't displace any residents and you're not adjacent to any residential areas. I think it would be ideal for this. Mr. Perez: Yes, but they Highway Patrol they don't know at this time if they would be able.... Mr. Plummer: It's a year and a half off. Mayor Ferre: Are we ready to vote on the motion asking basically that this all come back with an RFP in two weeks. sl 113 May 23, 1985 4 a r Mr. Peteira: No, no, no. Mt., Plummer: Not an RFP. Mr. Plummer: The selection committee will come back with three architects recommended and there will be two sites chosen within the Little Havana district between 8th Avenue and 27th Avenue. Mr. Pereira: Exactly, that's my understanding of... I don't want to paraphrase Commissioner Dawkins, but that is exactly what he said. Approve site at the north district, come back with a recommendation for an architect, go through a selection process in the next two weeks and then examine other sites in Little Havana, come back then with a recommendation of a site, and then go through a process of the selection of an architect for that site. Mayor Ferre: O.K. Mr. Plummer: I second the motion. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-556 A MOTION OF THE CITY COMMISSION THAT Ir CONNECTION WITH THE PROPOSED POLICE SUBSTATIONS, THE CITY ADMINISTRATION IS INSTRUCTED AS FOLLOWS: 1. TO APPROVE THEE SITE FOR THE NORTH DISTRICT, AND TO COME BACK WITH RECOMMENDATIONS FOR AN ARCHITECT; 2. TO GO THROUGH THE SELECTION PROCESS DURING THE NEXT TWO WEEKS; 3. TO EXAMINE OTHER POSSIBLE SITES IN THE LITTLE HAVANA AREA; 4. TO COME BACK WITH A RECOMMENDATION FOR A SITE; 5. TO GO THROUGH A SELECTION PROCESS FOR AN ARCHITECT FOR THAT SITE. Upon being seconded by Commissioner Plummer, was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mr. Pereira: Mr. Mayor, am I correct to assume that the Commissioners are in accord with the operational plan that has been proposed by the Chief which is the phasing.... Mr. Plummer: No, sir. Mr. Pereira: Can we discuss it? Mr. Plummer: No, sir, we'll talk about that 1n two weeks, Mr. Pereira; O.K. 61 114 May 23, 1985 a s.rrcr..--------------------------- ----------------------- -- 41 CONTINUE CONSIDERATION OF AGENDA ITEMS NOS. 12, 13, AND 14 re VARIOUS ISSUES IN CONNSCTION WITH PROPERTIES LOCATED AT (a0 3151-3199 S.W. 27 AVE., (b0 2660 LINCOLN AVENUE, AND 2699 TI GERTA I L AVEWUF To K9"1 NG PRESENTLY a SCHEDULED FOR JUNK 13, 1985 ------------------------------------------------------------- Mr. Kenneth Myers: Mayor, I am going to respectfully ask for a continuance of the item relating to Tigertail and 27th Avenue. Mr. Plummer: What's the number? Mr. Myers: I'm looking now to try to find out. I think it is item 12, 13, and 14. Mayor Ferre: Is there anybody here on items 12, 13, 14 on the 5:00 o'clock? Mr. Plummer: One man. Mayor Ferre: Do you have any objections with this being continued? Does anybody here have any objections to items 12, 13, and 14... Yes, sir? UNIDENTIFIED SPEAKER: I'd just like to know the reasons why. Mr. Myers: Mayor, members of the Commission, we submitted i some technical changes in the plans to the Planning ' Department in order to conform the plans to exactly what we presented at the first reading with the facade and everything that you saw in the model and the entire presentation. The Planning Department has simply not had the opportunity because frankly, it came a little late. It came in to late to review them and confirm my representations to them that the revisions we made were simply and only for the purpose of conforming those plans identically to what we presented to you at first reading. j They want to make that confirmation, and out of courtesy to them, I think it only proper that we ask for the continuance until June 13th or whatever earlier day Commissioner Dawkins, if you're going to hear the strong Mayor item, on a special hearing date, I wouldn't mind that. Mr. Dawkins: Mr. Mayor, I was going to ask that this be continued. He just beat me to the draw. I want this to be continued for 60 or 90 days for the same reasons that he just said. The plans have been changed. I want them to meet with the neighbors. The neighbors are concerned about the height. The neighbors are concerned about the density. I want us to meet with the citizens, and I move that this be continued or deferred for 60 or 90 days, whichever comes first. Mayor Ferre: I can go along with the deferral to the next meeting, but I certainly will not be voting for.... Mr. Dawkins: You see, but this isn't for your information. I'm the one who needs additional information. Mayor Ferre: vote my way. Mr. Dawkins: I realize that, but you vote your way; I'll No problem. sl 115 May 23, 1985 0 Mr. Plummer: Between the two of you, may I try to offer a compromise. The compromise is that we accomplish what Commissioner Dawkins wants and that the date be set after that's been accomplished. Sen. Myers: Commissioner Plummer, my problem is that if it is continued beyond June 13th, the project is lost. Mr. Plummer: If you can have the public hearing between now and two weeks, and accomplish the public hearings that Commissioner. Dawkins is demanding that be held, then you can schedule it back in two weeks. Sen. Myers: Commissioner Plummer, that doesn't work. Let me respectfully suggest why. I think you must continue as a matter of law to a date certain. Since it is a zoning matter, we have to have it continued to a date certain. I am asking that it be continued to June 13th or June 6th if you are going to have the strong mayor hearings on that date. Let me represent to Commissioner Dawkins, I don't quite understand where you are coming from at the moment, Commissioner, but let me please try to allay your fears that the same project that you voted affirmatively on on the first reading as well aE the entire members of the Commission voted affirmatively on, is the identical project that we have submitted in the plans. We represented to you at the time the facade that you saw in the model. and we had to file revised plans to include that facade as we presented it to you, so all the plans do now is to perforr,-, identically to what we presented to you all on first reading. I only ask that we give the Planning Department the courtesy of that continuance until that time and they were only asking for a continuance until June 13th themselves. Mr. Dawkins: They are not requesting the 60 day deferral - I am. And the reason I am requesting it is I need additional information. The information I need, sir, is the covenant that you are going to give to remain within the Sector five. You don't have that. You say you may remain in Sector five - you may go to Sector six. You want Sector five, but you will not build up to Sector six. I need the covenant that you are going to give with that, sir - that is Number one. You see, I sat here sir, and right now, Claughton Island has not delivered. Why? Because nobody sat down and figured out what you were going to do on Claughton Island. The same thing holds true for this apartment building across the street. Is says right here - the covenant read that it would be 100 feet of grassy area leading to the parking lot. It didn't say nothing about two air condition units being placed on Tigertail blowing in the streets, so I now, I need a 60 day continuance or deferral - I don't care what it is, so that I can get with you - I can get with the citizens who vote for me and we can get together sir and we know that what you come up here and say - that when I pick it up again two years from today, it will say just what it is saying. And until I can sit down with the neighbors and with you, I don't have it. Now, if I don't have the three votes for the continuance for the 60 days, I don't have no problem with that, but that is my request, that is all. Mayor Ferre: All right, there is a motion on the floor that this matter be continued for how many days? Mr. Dawkins: 60 days, sir. Mayor Ferre: 60 days, and is there a second? id 116 May 23, 1985 Sbh. Myers: My request was until June 13th. Mr, Carollo: Miller, I would be willing to vote on the extension of 30 days and compromise on that, but I just don't see the purpose of 60 days. I think it is going to be too long a hardship. Mr. Dawkins: Okay, Commissioner Carollo, since that seems to be the only way to get it, I will do this in 30 days. If I don't have the information that I request, then I respectfully ask that it be extended another 30 days. Mayor Ferre: All right, we have a request ... Mr. Plummer: Well, wait a minute! Let me get my option in. Mr. Carollo: 30 days! Mr. Plummer: Wait a minute - we are having a bidding process. I will tell you what I will vote for. I will vote for a deferral until the 13th. If Commissioner Dawkins doesn't have his answers by then, then we will reconsider again at that time. Mr. Dawkins: That is fine. That is fair enough. Mayor Ferre: That I will vote with. Mr. Dawkins: That is fair enough. Mayor Ferre: That I got. Mr. Dawkins: But if I don't have ... now, what we are saying is ... Mr. Carollo: There is 20 plus days anyway. Mr. Plummer: That will behoove Senator Myers to get his little thing moving and get you answers. Mayor Ferre: Right. That is okay. Yes, sir? Mr. Jim McMaster: Excuse me. My name is Jim McMaster. I live at 2940 S. W. 30th Court and I question about a variance, that they have to go back to the Zoning Board, or I am not really sure exactly what it is. Is that part of the reason for going back? Mr. Plummer: No. Mr. Dawkins: No. Mr. McMaster: So this can be passed by the Commission and then it goes back to the Zoning Board for the variance? Mr. Plummer: Oh, we could pass it today! Mr. McMaster: Is it common practice to pass something and then go back for the variance? Mr. Plummer: No, it is not an additional variance, as I understand it. What it is, it is a change in the facade, and there are some technical points in there that the Department wants to review and Commissioner Dawkins wants to review. Mr. McMaster: There is no problem with the rear setback of the building? Mr. Plummer: My understanding is no. id 117 May 23, 1985 Mt. McMaster: Mr. Myers, is there? Sen. Myers: I think you are referring to sometime entirely S different. That is not the concern, at the moment of the Commission. Because of the P.U.D., there is a technical 1 variance that we have to obtain, which has been applied for and which the Planning Department is recommending, which is i going through, if the Commission approves the P.U.D. It has nothing whatsoever to do with what we are requesting today. i Mr. McMaster: So you will be going back to the Zoning Board to get a variance if this passes at some point? Sen. Myers: On a small piece of the project. It has nothing to do with this. Mr. Dawkins: I am going to request 30 days. If I lose, I lose. I mean, I am not going to sit up here and compromise Mayor Ferre: Miller ... Mr. Dawkins: Hold it, wait, Mr. Mayorl I am not going to compromise my position. Mayor Ferre: Yes, sir. Mr. Dawkins: I feel that I need 30 days. If my fellow Commissioners don't feel that I need 30 days, then I lose the vote. Mayor Ferre: I understand. There is a motion on the floor. It has been duly seconded. Is there further discussion on this item? Sen. Myers: To continue? There is a motion to continue for 000 Mayor Ferre: To continue this matter for 30 days. That means it won't be 30 days - it will be the next - the meeting after the 13th. Mr. Plummer: Well, that meeting is probably going to be changed, according to the Mayor. Mayor Ferre: Yes, that is correct. Sen. Myers: Well, that kills the project, then. Then I have lost the property! Mayor Ferre: Sir? You have lost the property. Mr. McMaster: Excuse me. If I understand correctly, he has an option to buy it. Mayor Ferre: Is that what it is? does the option run out? Sen. Myers: June 23rd. Mayor Ferre: June 23rd? You have an option? When Sen. Myers: The June 13th meeting would be absolutely the last time that we could be heard. Mr. Dawkins: He is going to lose the property and I am worried about my voters I may lose if I don't try to satisfy the voters, so you know, we both have got a problem! 1d 118 May 23, 1985 Sth, Myers: The only thing you don't understand ... Mr. Dawkins: No, no, nol You don't understand) You see, you understand only what you want to understand. I mean, I ' don't have any problems with that. See, as a lawyer, you get paid to understand what you want to understand. See? So, I don't have any problems. I am just telling you what I I need. Mayor Ferre: Do you want to vote on your motion now? ' Mr. Dawkins: Yes, if I lose it, I lose itl 1 Sen. Myers: Again I represent that the only item that is being requested by the Planning Department, which I am concurring in, was an opportunity for them to look at these very insubstantial changes that does not change the project in any way, shape or form from what was presented to you at first hearing, which you voted on unanimously for. i I Mr. Dawkins: Okay, let us show that this is nothing! Here is what I have - "Second reading for change of zoning at x approximately 2660 Lincoln. This request only be allowed to go from 65 to 66, okay? I am trying to ask if they tried to meet the prior hearing to work out the height and with the citizens, okay? I need the covenant running with the land restrictions, dealing with height and density, to agree upon the quantities and also the amenities included in the covenant and have covenant ready so I can see it - the drawings and the model showing at the public hearing to become part of the City's permanent record. That is all I am askingl Mayor Ferre: Okay, are we ready to vote on the motion? Sen. Myers: We are simply asking for a continuance. Mayor Ferre: The motion is that we continue for 30 days. j All right, further discussion? Call the roll. MOTION DEFEATED. On motion by Commissioner Dawkins, seconded by Commissioner Carollo i for 30 day continuance of this item, motion defeated by the following vote: AYES: Commissioner Miller J. Dawkins NOES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre ABSENT: None ON ROLL CALL: Mr. Carollo: I vote no. I feel confident that things will be resolved to the liking of Commissioner Dawkins for the benefit of the people before 30 days. Mr. Perez: I share Commissioner Dawkins' concern. I have any doubt, but I also share the concern of the other part. I would like to move to have it continued for the 13th of June at the proper time, but anyhow ... Mayor Ferre: No, sir, you can't do that now. You have to vote. Mr. Perez: Yes, I know, but now that is what I want to explain my position, but I vote no. rp ld 119 May 23, 1985 Myor Ferre: Now, Commissioner Perez, I will accept your MOt on that Item 12, 13 and 14 be continued to the meeting of the 13th of June. Mr. Carollo: There is a motion? I'll second. Mayor Ferre: There is a motion and a second. Further discussion? Mr. Plummer: Well, before we have the roll call, Mr. Myers, I want to tell you, sir. Commissioner Dawkins has expressed some very real concerns, and I think it behooves you, sir, if you got to stay up all night, to accommodate his concerns and answer his questions, because I want to tell you, it is common courtesy around this Commission, as you well know, that wt� n 7pr ask a Commissioner to vote when he doesn't feel that he is prepare„ I personally feel that if you get moving, you can answer a11, of those concerns between now and the 13th. The ball is in your court. Mayor Ferre: Okay. There is a motion and a second on Items 12, 13 and 14. Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. 85-557 A MOTION CONTINUING CONSIDERATION OF AGENDA ITEMS NOS. 12, 13 AND 14 IN CONNECTION WITH ZONING ATLAS AMENDMENT OF PROPERTY LOCATED AT APPROXIMATELY 3151-3199 S.W. 27TH AVENUE, 2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE; A REQUEST FOR A WAIVER OF TIME LIMITATIONS BETWEEN REZONING OF SAID PROPERTY AND A PROPOSED ZONING ATLAS AMENDMENT FROM RG- 2/6 TO PD-MU, APPROVAL OF VARIANCE, ETC., TO THE MEETING PRESENTLY SCHEDULED FOR JUNE 13, 1985. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller. J. Dawkins ABSENT: None. ------------------------------------------------------------ 42. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE, SUBJECT TO ELECTION, OF $7,000,000 G. O. BONDS FOR COSTS INCURRED IN BAYFRONT PARK REDEVELOPMENT PROJECT. Mayor Ferre: We are now on Item 38, which is a public hearing on the library. It is a 2:00 P.M. item. We have a public hearing at 5:00 P.M. As far as I am concerned we are on Item 38, unless a member of the Commission wishes to change the order of things. You all right? All right, we are on Item 38, which is the 5:00 P.M. public hearing. Mr. Plummer: Mr. Mayor, before the Honorable Marty Fine gets up, I would like to make two comments. The first one ld 120 May 23, 1985 is, Marty Fine and David Weaver have done more work in two weeks than a lot of other people have done in seven years &fld it is that kind of spirit and enthusiasm that I think is heeded to bring this project to its total completion. The second that I wish to make is you will notice that the,.e is on the agenda an Item 39, which is a bond. I askee. that that be put on there, Mr. Mayor. I would ask my fellow Commissioners today, even though on the second reading, I might vote against it, trat at least that it be approved today so that we will have the first reading behind us, and if we find it necessary to go to the bonding route in a referendum, at least we will have that available to us, so those are the two comments that I wanted to make, Mr. Mayor. i Mr. Carollo: I think they are very appropriate that you make, Commission. If you would make the motion, I would be t glad to second it. Mr. Plummer: Well, my motion, Mr. Mayor, would be that Item 38 and 38 be approved on first reading. We can insert a figure high and reduce it at the meeting, if in fact, we do put it on a ballot for the completion of the park. I think what we have been told is that it is $5,000,000 that is going to be needed. Marty, is that within the ... Mr. Fine: John. Mr. Plummer: John? Mr. Plummer: 39 and 40, I am sorry. A Mr. Fine: We are shy - by my calculations, $4,775,000 - $5,000,000. 1 i Mr. Plummer: All right, well, I would offer resolution 39 in the amount of $5,000,000. Mayor Ferre: To do what? Put it on what ballot? Mr. Plummer: Mr. Mayor, that is to be decided on the second reading. All right, but I just want to have first reading in place. r Mayor Ferre: You are taking 39 out of order. Mr. Plummer: Oh, I am sorry - I will wait, if ... Mayor Ferre: No, that is fine. That is all right, do you want to take 39 now, pass that and go to 38, is that it? Mr. Plummer: I would pass 39 as a stop gap measure, a safety valve, in the amount of $5,000,000. Mayor Ferre: All right. Mr. Plummer: Madam City Attorney, we can reduce that at a later time, if we need to - is that correct? We just can't increase it? Mrs. Dougherty: Right. Mr. Plummer: Okay. ld 121 May 23, 1985 Ll Mi. Carollo: l second that motion. Mayor Ferre: There is a motion and a sed0hd. Purther discussion? Mrs. Dougherty: Mr. Mayor, Mayor Ferre: Yes, Ma'am? Mrs. Dougherty: Do we have a date? Mr. Plummer: Well, for whatever reasons, let's make it the same date in August or in November. It is immaterial to me. Item 40? Mayor Ferre: Put it in November. Mr. Plummer: Make it November is fine with me. I just want to have something in hand that we can say that ... okay, now what is that, November 5th, I think it is? Unidentified Speaker: November 5th. Mr. Plummer: November 5. Mayor Ferre: Put it in November. Okay. Mr. Carollo: Well, I think it might be safe if we put it in the Special Election. Mr. Plummer: It is immaterial to me, Joe. Mr. Carollo: Well, I will second it for the Special Election. Mr. Plummer: That is fine with me. Mayor Ferre: You mean for the August election? Mr. Carollo: August election, yes. Mr. Plummer: It is immaterial. Mr. Dawkins: Did we get confused? Mr. Carollo: No, it is not. It is all going to pass. Mayor 'erre: All right - the August election, so it is. Mr. l'lut.,mer: Fine. My only question to the members of the Commission ... Mayor Ferre: Tt has been moved and seconded. Mr. Plummer: ... sira^e ... the only question I have, Mr. Mayor, is - I don't want to get caught in a trap that we can only reduce the amount. Would we be smarter to set it at $7,000,000 and reduce it to $5,000,000 later? ... with that full understanding on first reading. I ask my colleagues. Mayor Ferre: I think that is much better too. Mr. Carollo: Yes, I think so, J. L., because you can always go down, but you can't go up again. Mr. Plummer: You can alwG.,s ... all right, you want to make it $7,000,000? ld 122 May 23, 1985 N fair+ Carollo: That will be £ihe. i Mr. Plummer: That is fine. Mr. Carollo: I will second it. Mr. Plummer: Make it $7,000,000. t Mayor Ferre: All right, the maker and the seconder of the motion, in passing this, we will put it on the ballot, if we j have a ballot, in August; if not, in November. i Mr. Carollo: That is correct. If we have a ballot in August, it. will be in August, it will be in August. If not, it will be in November. Mr. Plummer: Fine. Mayor Ferre: That is $7,000,000 for the purposes of finishing the park at Bayfront Park. 1 a Mr. Plummer: Correct. Mayor Ferre: Are we ready to vote? Read the ordinance. AN ORDINANCE ENTITLED- AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR $7,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF DESIGNING, CONSTRUCTING, DEVELOPING, EXTENDING, ENLARGING AND IMPROVING THE BAYFRONT PARK OF THE AMERICAS IN THE CITY OF MIAMI, INCLUDING FACILITIES PROPERLY APPURTENANT THERETO, AND THE IMPROVEMENT OF LAND FOR SUCH PURPOSES AND THE ACQUISITION OF EQUIPMENT THEREFOR, ALL SUCH ACTIVITY CONSTITUTING THE BAYFRONT PARK REDEVELOPMENT PROJECT; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ON ROLL CALL: Mr. Plummer: Fully understanding that Marty Fine is single- handedly going to raise it all and this bond issue will not be necessary, I vote "yes" (LAUGHTER!) The City Attorney read the ordinance into the public record and announced that copies were availat)le to the members of the City Commission and to the public. 1d 123 May 23, 1985 0 0 Mftmb""------------------------------------------------------- . FIRST READING ORDINANCE: PROVIDE FOR HOLDING OF SPECIAL MIAMI ELECTION ON AUGUST 13, 1985 RE ISSUANCE OF $7, 000, 000 G. 0. BOIWDS FOR BAYFROST PARR REDEVELOPMENT PROJECT. ----------------------------------------------------------- Mayor Ferre: Now we are on Item 38. Ms. Hirai: No, it is 39 and 40. Mr. Plummer: No, we need to move Item 40, Mr, Mayor. 40 is setting the date. Mayor Ferre: Item 40 sets the date. on first reading it would be ... Mr. Plummer: August 13th. Mayor Ferre: ... August 13th. Is that Tuesday, August 13th? Mr. Dawkins: Don't you recess in August? Mr. Plummer: It is an election, not a meeting. Mayor Ferre: All right, are we ready to vote? Is there a motion? Mr. Plummer: I offered. Mayor Ferree Plummer moves. Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON AUGUST 13, 1985, WITH RESPECT TO THE ISSUANCE OF $7,000,000 FOR THE BAYFRONT PARK REDEVELOPMENT PROJECT BONDS. Was introduced by Commissioner Plummer and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ld 124 May 23, 1985 t96"i------ .----.------------------------------r-------- �alwi�i 44. PRIVATE PARTICIPATION IN FUNDING BAYFRONT PARK REDEVELOPMENT PROJECT. •------------------------------------------------------------ Mayor Ferre: Now we are on the public hearing, Item 38. Yes, sir, Mr. Fine. Mr. Martin Fine: Mr. Mayor and members of the Commission, for the record, my name is Martin Fine, 2401 Douglas Road. I would like to reiterate firstly that I am here as a private citizen and a long time Miamian, not as a representative of Greater Mia.mi Chamber of Commerce. My remarks are meant to reflect my person opinions and my commitments, and not that of the Chamber. Firstly, may I thank Mr. Plummer for his first remarks, but not for his second. I am proud to be associated with David Weaver and lots of other very fine people like Ronnie Fine and Skip Sheppard and Roger man and Mr. Kahn and many folks who have already contributed to this erstwhile effort. I want to personally, if I may, thank those of you on the Commission, who had contributed, and those of you who have agreed to - and as I understand it, David, whose idea it was, I must tell you - he is � very original thinker; all of you have either contributed cr agreed to, and I think, that is really outstanding and very unique. My guess is, it may be a first in the history of the City. I would like to just share a few things with you if I may. Firstly, I think there is some good news to report and that is that 45 people had contributed almost $38,000. Really, it has been a very exciting an exhilarating period, because it has created a lot of enthusiasm, but Ronnie Fine is here - in addition to that amount, to tell you what the hotel o.4ners across the street, in that general area, have already pledged and what he expects to raise, and Alan Greer and Joe Fleming and others of the Bayfront Park Committee are here to share some thoughts with you about what they think that committee can do, and you all know there is a major foundation in this community that is very, very interested in this project and it has some real commitments to this community and has expressed a great deal of interest in going forward once we know the library is going to come down. May I just share two other concepts with you. I don't think it is necessary for me to go on and speak forever, but I do want to share two things with you that are very unique in my opinion, to this community and I particular would direct this to J. L., although really to the entire Commission. In terms of what the private sector has done, I want to remind you, if I may - there are two other major projects which were completely funded. Pardon me - one completely will be funded, and one partially funded by the private sector, which are unique. Phase I of the people mover, in my opinion, would not have been completed if there hadn't been a pledge of 18 cents a square foot from the private sector, which it voluntarily placed on itself and assured then UMTA secretary Arthur Teale that it would raise $20,000,000 of bond proceeds. That money was raised, and that was money was used as part of Phase I. Phase II, Omni down to Brickell, the same thing is taking place - the folks on Brickell and at Omni have agreed to do that. I personally participated in that process, went to Washington with Commissioner Oesterle and Mr. Wolfe of Southeast and assured Mr. Lehnman's committee that that pledge is in place, so I think there is a very specific situation where they agreed to do that at will. The other one is in connection with your proposed project to the Exhibition Hall. The private sector, the property owners, not only volunteered to pay the money, but helped get the legislation to tax ld 125 May 23, 1985 0 0 themselves for this 3$ hotel tax, which will make somewhere 6f1 the Miami side, between $30,000,000 and $40,000,000 available. There is a certain point beyond which the private sector really cannot do any more and I am saying to you ... giving you that information not because we are not going to go out and try to raise all the money we can, but I would be less than honest if I didn't share with you that David and I have received some phone calls and some letters from some private sector folks who traditionally had given who said "We have done these other things, but we don't feel we ought to pay private funds to build this public park". I do want to share with you again - I haven't read the record, but I have just received a copy of last week ' s, and I want to reiterate that it is my understanding that what all of us i as a group here are saying, is that we are committing to go out and work over the next six or nine months and try to raise this kind of money and we are doing it every day, day in and day out. 1 do think, in all fairness that it is important that you make a statement today in whatever manner, Lucia and the Manager and you all can draft, but I hope it would embody something as follows: That you would agree to demolish the library building based upon the good faith representations and efforts made to you by the private sector to raise $2,000,000; and further based on the fact that no ad valorem taxes would be used by the City in building the park. I understand that you have that concern, and I understand why you have that concern. Number two, that you, the Commission, would ask the Manager to negotiate and early vacancy date in the library with Metro, and hopefully that would take place - the vacancy date, as 1 understand it, if possible, sometime in July or August of this year. Number three, that you would direct the Manager i to advertise for bids to demolish the library building and to accept the lowest bid and demolish it and to identify funds to pay for the demolition and it is our understanding that UDAG grants are available for ti,et or part of the UDAG proceeds are available for that and tnat lastly, you would consider directing the City Manager to work with his staff to begin coordination with Senator Pepper's staff and the Corps of Engineers on the promenade portion of Bayfront Park Redevelopment Project. What I am really conveying to you is I think you need a firm, clear unequivocal commitment on your part to rip that library down so we can raise the kind of money we need and you can be assured of what you are trying to do. Mr. Plummer, from a very personal point of view, and I haven't discussed this with anyone else - I like your motion today. I could tell you as a property owner, I am going to vote for those bonds and still try to do the private financing. I think tnat those bonds ought to be a safety valve for us. You m«y need them. I don't know how other folks feel about it, but I think that park is so essential for us, that we ought to do it. I would like to just close my brief comments by suggesting to you two things before I read a little something, particularly to Mr. Carollo, since I know he lived in Chicago a while, but we will get it in a minute. I think you ought to give some folks here an opportunity to share your thoughts with you, especially Ronnie, and the members of the committee, because I think they have good news. Mr. Carollo, may I just share this with the Commission, and particularly with you, if I may, because you were kind enough to say last time that you lived in Chicago and know about the planning of that community and how great a city it is, and as you know, architecturally Chicago was one of the great pace setters for this country in terms of urban development. One of the early planners of a Chicago was a man by the name of Daniel Burnam. He said "Make no little plans - they haven't the ability to move men's minds", and I think that is what you are doing here today. You are saying you are not really ripping a building down. You are really building a great ld 126 May 23, 1985 0 0 patk, and I think that plan for the park and for Bayside is as great as any plan we have ever had in Miami and I commend you for the comparison to Chicago. And as you were mentioning that, something in my mind sort of kept on telling me that i had read a poem by Carl Sandburg entitled "The Windy City", in which he talks about ripping things down and how you build a city sometimes by ripping it down, and I won't take the time to read the entire poem, because I am really not into poetry that heavy, but I did find it, and I think it is interesting. Carl Sandburg urged, in the poem entitled "The Windy City" quote: "Put the City up. Tear the City down. Put it up again. Let us find the City." That is what I think you are doing. That is what I think this community is doing and I commend you for it, and I want to thank you for the opportunity of permitting many of its private citizens to try and go out and raise the money that it takes to do this job. Thank you very much. Mayor Ferre: Very good. I know there are other public speakers. Mr. Fine do we begin with you? Mr. Ronald Fine: Thank you, Mr. Mayor. I just wanted to report to you today that under the leadership of Marty Fine and David Weaver, the 13 downtown hotels had its first luncheon yesterday, at which time it committed to raise funds for the redevelopment of the library and at that first luncheon yesterday, we received ... Mr. Plummer: The redevelopment of the parka Mr. Fine: I am sorry - for the redevelopment of the Bayfront Parkl Mr. Car.ollo: We thought we had a convert there! Mr. Fine: And in keeping of that commitment for the redevelopment of the Bayfront Park, we raised commitments for $35,000 yesterday, and we look to raising a lot more for the next couple of weeks. Thank you. Mr. Alan Greer: Mr. Mayor and members of the Commission, Alan Greer, 224 Ridgewood Road. I don't want to make a long harangue up here because I know you have heard everything almost that there is to hear about that park and I want to remind you of just one thing as a member of the Bayfront Park Committee. What you are doing and what we are doing is looking to the future of Miami for the next hundred years j and that a hundred years from now, this City will still be here when we are just names on a plaque maybe someplace and people who will really need open spaces at that time, given the way our world population is going, will bless all of us for having created such a wonderful open space that benefits the entire City and the County and that is really what you are doing - you are going down a road that will go for decades and centuries. Mayor Ferre: Thank you. Next. Unidentified Speaker: Jean Hills could not make it, and I am here to speak for her and other members of the committee who have not spoken: I would like to thank you all for your consideration. Commissioner Plummer said that we had seven lean years, I believe, and now we can have seven fine years and I would hope that you would adopt the four points that Martin Fine has referred to so that we can proceed to that. We thank you very much for your consideration. Mayor Ferre: Are there any other speakers? Yes, sir. Id 127 May 23, 1985 mf. William Ader: If I may, for a moment, Mr. Mayor. I arrived late, and I just arrived here in time for the vote. I just wanted to add that I certainly am gratified and commend the Chamber and its spokesman► Mr. Fine, for committing to $2,000,000. (T A P E 1 5) I just wanted to say that I personally will add another $750, increasing my donation to $1,000. Thanks, Marty. I wanted to say this to Commissioner Plummer. I. certainly understand your position as a property owner in Miami. I have seen the taxes go on the particular piece that I spoke about - my address is 1800 North Bayshore Drive - go from approximately $20,000 in a handful of years to almost $100,000 a year and that is what I meant when I said I was hanging on by my heels, as far as that particular piece of property is concerned. Fortunately, I have had other income, but I had the feeling_, as I missed a great deal, walking in late, but my fear is that this motion to put the improvement on the ballot is going to go the same way as the ballot that we had on renovating the Orange Bowl and I don't know - I may have missed something pertinent, but certainly if there is anything I can do to support this project, I certainly will. Thank you, Gentlemen. Mayor Ferre: All right, thank, you, are there any other public speakers? All right, Mr. Fine, you had four points which you can reiterate and see if any members of the Commission want to ... Mr. Martin Fine: I am not sure, Lucia - I just received these today - how you want to handle this. I really believe what we are asking you to do, in whatever manner you feel comfortable doing it, is to specifically say that the library is to come down. Mr. Plummer: Marty, let me ... Mr. Fine: Excuse me. Mr. Plummer: ... I think Commissioner Carollo made a very emphatic statement at the last meeting, and I want to back that statement up. 1 think that is that when all of the commitments and the money are in the bank to complete, this Commission makes a statement that that building will come down. The man says that a hundred years from today people will bless us for providing this great open space. If that park doesn't get completed, the people will curse us. Now, as far as I am concerned, if you want to say (I don't agree with it) but, if you want to say that I am holding that as a lever, than so be it. My main motive is to make sure that all cF the funds are in place. I have compromised my position, all right? I am willing to go to a bond issue. I didn't want tax dollars involved, but if that is what it is going to take to get it completed, then I say that is the only way, then we have to do '.t. My statement, and Commissioner Carollo can speak foi himself - I think I understood his statement, and the one I am on, that when all of the commitments, the monies are then collected to complete, I for one, will give you my absolute guarantee the building comes down. Now, whether that is through the bond issue, through the Knight-Ridder grant, the private sector, or however, but somehow or another, I have got to hold a lever to get the money for the completed project. That is my feeling. I am speaking for one. Mayor Ferre: Okay. Is that a motion? Mr. Carollo: I tend to agree with Commissioner Plummer. I think he has read my thoughts I expressed at the previous meeting fairly well. The only thing I have a very bad taste about is going out and taxing the people more. I would hope lei 128 May 23, 1985 we would not have to do that. That was one of the indications that was given to us five years ago when we got into this that we would not have to go out and levy any more taxes. j Mr. Martin Fine: Can I respond, Mr. Mayor, to both of these, if I may? Mayor Ferre: Yes. Mr. Fine: I understand what you have just said, Mr. Carollo and Mr. Plummer about the bond issue. I would just like to just say that it appears to me, and again, I am only speaking for myself. I think we are in a sort of Catch 22. We have one or two major foundations in addition to the one i mentioned, who I think we can talk to, but they need absolute assurances coming down. Mr. Plummer: So do we. Mr. Fine: I understand. Now, in this morning's New York Times, there was a very extensive article, and Mr. Plummer, and several other people in this town were quoted, all about Bayfront Park. I think it augers well for us to say now that we are agreeing to go ahead and do well. Our park is now in the national limelight) Now, I also want to say this i to you. I can give you one easy source of money that I _ think you ought to identify it - you have identified it and you ought to pass a motion on today. See, I think it is all well and good to look for sources, but there are some that are very clear. Mayor Ferre: What is it that we have identified? Mr. Fine: For example I think that the money - you ought to consider making a motion today, in my opinion, that the money you received from the county, for the land which was bought with bonds, for parks, obviously ... the F.E.C. property, that that money not go into the General Fund, but be part of and included in the Bayfront Park Development Plan as per the Noguchi design. I think you can do that today. I don't think you need to tax anybody for it. I know you don't! You don't have anything else to do. I think it is absolutely appropriate that you do it. All you are doing is taking money from about 6th or 7th Street and the Boulevard, moving it to about 3rd or 4th Street. I think it is appropriate to do that. Mr. Plummer: How much money are we talking about? Mr. Fine: Well, I am not going to say, but I have an idea what it is. _ Mr. Pereira: I don't remember, off hand. I don't remember the numbers. Mr. Plummer: Well, I will tell you, I've got no problem with that. Mr. Carollo: Mr. Manager, first of all, how much money are we talking about, and secondly, what do you recommend? Mr. Pereira: Commissioner, I cannot recall the numbers. It is a substantial figure, but I ... Mr. Plummer: Well, excuse me. I said I had no problem. Let me back track. We talked, Marty, this morning, okay? We are going to have to come up with $1, 600, 000 to pay the Id 129 May 23, 1985 e attorneys of the opposition of the condemnation. !,tow, � Think that is maybe where the Manager was going to get the $1,600,000 to pay the funds. Mr. Carollo: It is $1,300,0001 Mayor Ferre: No, no - $1,600,000. It is $1,300,000 plus $350, 000 for expenses, so it is $1, 650, 000. i Mr. Plummer: So, I have to back up on that, because we made a commitment this morning to settle that suit out of court. Our potential liability is $2, 500,000, and you as a lawyer appreciate being paid, and at this particular point, the i Manager might have to have those funds for paying that ... a Mr. Fine: Well, let's suppose you make your motion to say, if you wanted to, that any funds available over and above that required to pay attorney's fee on that site .' j Mr. Plummer: You mean surplus? have no problem with 1 that. a Mr. Fine: ... any surplus would be used for that. I don't know if there will be a surplus 1 f Mr. Dawkins: Well, I've got a problem with itl Mayor Ferre: Go ahead. _ Mr. Dawkins: Coming back to what I keep telling you over ' - and over! Nobody cares about the inner-city parks! Now if there is a surplus in money that was passed by a bond issue for Parks For People, there is no better place than the inner-city to put itl jMr. Fine: Well, I want to respond to that again on a very personal basis. Miller, I am really getting a little tired r of being told that I don't have any interests in inner-city i ;parks. The fact of the matter is ... let me just finish p:i�ase ... I was on t}Le committee that helped pass that bond issLQ along with Bill Colson and a lot of other folks and one of the conditions (and I can get you a copy of the - records, because I have it) is that we said that a very substantial part of that money was to be used for inner-city parks and ii:deed it was, so honestly, I am perfectly happy to be told I am wrong when I am wrong, but I think there are times when it just isn't appropriate to say that no one { cares. I thi.-)k a lot of people in this community care! I also feel that Bayfront Park itself is a park for the total community and I received your letter, and you know, we talked and I have a commitment to you and others to go back and raise money for inner-city parks, but I ... Mr. Dawkins: See, I don't have to raise it - I've already got it, Marty. I've already got this money! I don't have to raise it. It is already there. Now, how much are. we —_ talking about? Now, you said you had the figure. Now, what kind of money are we talking about? Mr. Fine: I don't know. I just know it is a lot of money. I mean, I have a figure in mind that it has got to be, you know, $1,000,000 or $2,000,000 or $3,000,000. I don't know what it is going to bel But, I know we are not talking hundreds or $200,0001 Mr. Dawkins: But we also ... like J. L. said, we committed $1,600,000 this morning. M:.. Fine: Well, I think you ought to pass a motion saying any surplus over that would be used for the development of ld 130 May 23, 1985 $ayfront Park from 1st Street or Chopin Plaza to the Bayside Project. Mayor Ferre: I will tell you what, Marty. I will do this 1 will consider that at the end of eighteen months, if the committee has not reached its goal, than any surplus, if it is left over, will go to your fund. Mr. Fine: It is not my fund. Mr. Dawkins: The hell it is not - you are in the City of Miamil It is ours, isn't it.? We are talking about our future. Mr. Fine: Right. Ours, yes. Mr. Dawkins: All right, you are talking about ... Mr. Fine: Now, I am not sure I understand your motion. Will you say it once more? Mr. Dawkins: No, what I am saying is that, you are saying, take the excess and put it in Bayfront Park, okay? Mr. Fine: I am saying ... the excess, I am saying. Mr. Dawkins: Okay, now, what we are saying is that, to me it appears that the committee feels that it isn't going to raise enough money to wipe out the library, so therefore, we must take the excess left over, so that the committee will have to collect less. Mr. Fine: No, that wasn't it at all. Mr. Plummer and Mr. Carollo made it very clear, as the rest of you did last time, that there may be like a $4,000,000 shortfall, and I am saying the difference between what this committee may raise and what may be short, if any, ought to come first from the excess of the condemnation on F.E.C., or the acquisition by the County of that land for the port bridge. Then I have a second source to suggest to you. Well let's ... do you want to do the first one first and see how that works? Mayor Ferre: All right. Go ahead. Do it. Do you want to make it in the form of a motion? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Why don't you put it all on top of the' table, Marty and then let ... Mr. Fine: Well, fine, I ' d be happy to. Mayor Ferre: Go right ahead. Mr. Fine: I want to make one other suggestion to you, which I have had some experience in and some of you had that were on the Commission at the time. You all received approximately $10,000,000 in Community Development funds. You know how you allocate those funds better than I, and you know the pressures in the neighborhoods. By the same token, about forty some -odd percent, or maybe fifty percent of the total real estate tax for the City of Miami is paid for by the property owners in downtown Miami and the only time, to the best of my knowledge, in eleven years that you have had C.B. funds where some of that money was used for downtown, was to help acquire land for the community college - the New Wolfson campus. I would recommend that you ask the Manager, who is an expert in Community Development funds among other things, to meet with your staff in the Community Development ld 131 May 23, 1985 Department and ask them for a multi -million dollar contribution. I am not talking about a couple hundred thousand dollars. I mean a multi -million dollar contribution - $2,000,000 or $3,000,000 from Community Development funds to go to the funds necessary to do Bayfront Park and the the rationale for that is as follows: As Bayfront Park is developed and as Bayside is developed and as taxes are generated - as taxes are generated there, they will, help every neighborhood in my opinion, more than some of the money that has been used out there and a lot of it perhaps not used as well as it could have been used. When you have f i n i shed that one, I have a third one if you want to do it. Mayor Ferre: Go right ahead. Mr. Fine: All right. I think if you evaluate - I am not talking about the lease payments on Bayside now, because I know you have other uses and deficits that you need to cover from Knight Center and other things for that. But, Mr. Manager, and Finance Director, I think, if you were to find the proposal of the Rouse Company, you would come up with a figure, and I don't have it - that the amount of sales tax that will be generated from Bayside ... now there is a procedure under Florida Law and there is a procedure under Chapter 103 of Internal Revenue Act, which deals with financing for public institutions, where you can project that amount of sales tax and bond it over a period of five years if you have a specific project. That meets the requirement of the entire Commission of not adding ad valorem tax, or you wouldn't even, in my opinion, need any other tax. You wouldn't need any other funds at all, from ad valorem or the general obligation bond tax. In other words, 1 ... Sergio, I apologize; I should have that number, but I don't. David Weaver isn't here and he may have it, but that number is astronomicall The amount of sales tax to be generated at Bayside is astronomical. Forget the real estate taxesl ... and you can bond that - that is, in my op_.nion you can. City of Orlando has done it. The City of Jacksonville has done it. There are several cities in the State that have done it. It is not ad valorem tax. Now, what could be more equitable than having a project that is going to generate dollars from sales tax, use some of that tax to help make it possible for that money to be generated. Now, I could stay here all day and give you five or six other things ... Mayor Ferre: But I think you gave us enough. Mr. Fine: ... but those three are enough. Believe, you could build a lot of parks in the inner-city with some of that taxi Mayor Ferre: Thank you, Mr. Fine. Let me see if I can ... Try to keep in mind that I think there are very diverse feelings here, if we can move this in a positive way, hopefully to get all of us on the consensus. I would like to pass the gavel to the Vice -Mayor and I would like to make the following motion - let's do the same thing, J. L. , you want to do, but flip it and do it on the positive it. Just hear me through. I move that this Commission go on record on demolishing the library, provided however, the following conditions are met: that the demolition not occur until this City Commission, after deliberation, is in agreement in its majority that there are sufficient funds to finish the project and that in order of preference, that the Manager be instructed at different times to give the following priorities in coming up with a shortfall in constructing the park the needed funds (1) The private monies to be raised, chaired by Mr. Fine and Weaver, up to $2,000,000. Id 132 May 23, 1985 Ot 4 endin ��) she bond issue to be voted upon ire August. (3) Dep g #3fi what the issue shows ses tAugust, reductions of the Commissicn to make nthe that the Manager can submit o (t,) A plan that dark less expense future l sables ODtax from sales at would utilize projected moni(_s against those $ayside for the purposes of borrowing the future sales taxes that would esg Yia et avneat (debt he usageY Tampa and other imaginative cite after eighteen month wi 11 not Of the eus d other surplusesare topay, and those funds that Whatever funds necessary, the legal expenses on the take. into remain would be put a special fund accumulating interest and after eighteen months, should it be necessary eighteen months from today, the Commission would release those funds for the usage o£ the park, and lastly (6) by earmarking be}ctions '��nd the August by election Commisa ione ofduCommuni�y the usage as approve Development funds for the purposes of completing the par in that pecking order and I think that covers everybody's concerns as I have heard them, incorporates all your suggestions a and puts it on a positive vein. Does anybody have any problems with that? Any problems with that? Well, I so move. Mr. Plummer: I second. Mr. Carollo: I'm sharing the meeting. There is a motion. Is there a second? Mr. Plummer: I second. a motion and a second. Any further Mr. Carollo: There is discussion. Any further discussion? Hearing none, can we call the roll Madam Clerk? 0 following motion was introduced by Mayor Parr6t who adoptions MOTION NO. 85-558 A MOTION STIPULATING THAT, IN CONNECTION WITH THE NECESSARY FUNDING FOR THE BAYFRONT PARK REDEVELOPMENT PROJECT, THE CITY COMMISSION WISHES TO GO ON RECORD TO DEMOLISH THE EXISTING LIBRARY BUILDING PRO1'IDED, HOWEVER, THE FOLLOWING CONDITIONS ARE MET: 1. THAT DEMOLITION DOES NOT TAKE PLACE UNTIL THIS CITY COMi.^SISSION, AFTER PROPER DELI BERriTION, IS INI AGREEMENT, IN ITS MAJORITY, THAT THI"PJ ARE SUFFICIENT FUNDS TO FINISH THE BA)'FRONT PARK REDEVELOPMENT PROJECT; 2. THAT THE CITY MiANAGER, IN ORDER OF PREFERENCE, BE INSTRUCTED TO FOLLOW UP, AT DIFFERENT TIMES, ON TIME FOLLOWING PRIORITIES IN ORDER TO COME UP WITH THE NECESSARY FUNDS TO COVER ANY SHORTFALL DURING REDEVELOPMENT OF THE PARK; a) THE MONIES TO BE RhISED FROM PRIVATE SECTOR SOURCES UP TO $2,000,000; b) THE BOND ISSUE PRESENTLY SCHEDULED TO BE VOTED UPON AT THE AUGUST 13, 1985 SPECIAL ELECTION - SHOULD IT PASS; c) REDUCTION OF EXPENSES THAT THE CITY MANAGER CAN SUBMIT TO THE COMMISSION TO MAKE THE COST FOR THE PARK LESS THAN $21,000,000; d) A PLAN THAT WILL UTILIZE PROJECTED FUTURE SALES TAX FROM SALES AT BAYSIDE FOR PURPOSES OF BORROWING MONIES AGAINST THOSE FUTURE SALES TAX THAT WOULD LIQUIDATE THE DEBT, THE SAME WAY CITIES SUCH AS TAMPA HAVE DONE; e) THE USAGE, AFTER 18 MONTHS, OF WHATEVER SURPLUSES ARE AVAILABLE FROM FUNDS WHICH WERE NOT USED ON THE TAKING OF THE F.E.C. PROPERTY, OTHER THAN TO PAY - IF NECESSARY - FOR LEGAL EXPENSES INCURED BY THE CITY IN SAID TAKING; THEN, SAID REMAINING FUNDS WOULD BE PUT INTO A SPECIAL FUND ACCUMULATING INTEREST AND AFTER 18 MONTHS - SHOULD IT BE NECESSARY - THE CITY COMMISSION WOULD RELEASE THESE FUNDS FOR USAGE IN CONNECTION WITH THE PARK. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: NOES: ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre None . None. ld 134 May 23, 1985 r Mr. Dawkins: Before you leave, Mr. Fine, I must tell you that it is not ... it is only half the fault of the private sector and that half, they are not vocal enough about the inner-city parks. I have to blame the City Commission and the Administration for the City parks being in the shambles that they are in, because if we, the Commissioners, and the Administration had cared for the parks in the way that we should have, there would not be that surplus that you are alluding to that exists, so the mere fact that there is a surplus lets us know that the Administration has not been caring for the parks, Mr. Fine, so I want you to understand that it is not the private sector's fault. j Mr. Fine: Mr. Mayor, may I make a statement? It will just take a minute. Mayor Ferre: Yes, sir. Of course. Mr. Fine: Mr. Mayor and members of the Commission, again, speaking personally, I would not feel comfortable leaving without saying something that goes like this - I am really proud of what you have done today. I am particularly proud of what happened at the last meeting, and I just want to take a minute and tell you about it. That meeting lasted four hours and twenty minutes. It was, in my opinion, one of the brightest hours in the history of the Commission, as far as I was concerned, in terms, in recent years, of the civility with which it was conducted. There was not an angry word. There was not an accusation. There was not any bitterness. What there was was courtesy and democracy in action at its very best, and from a personal point of view, (I shared this with some of my friends) I left that meeting exhausted and exhilarated. I was exhausted because of how long it took. I was exhilarated because the democratic process worked, and there are two other places in the world that I know of where it wouldn't have worked, one is downtown Havana and the other is downtown Moscow and I appreciate the opportunity to come back and continue this process. Thank you very much. Mr. Carollo: Marty, thank you very much, and I think that all my colleagues will agree that you have always been a champion to this community and a gentlemen. Mr. Plummer: Let me ask a question - Marty, is this donation tax deductible? Mr. Fine: Yes, because it is made to the New World Center Foundation, Inc., which is a 501-C3 tax exempt organization. Mr. Plummer: That is what I needed to know also. Mr. Fine: Except, J. L., there is a limit of $100,000, so if you go beyond that, you have a problem. Mr. Plummer: Son of a gunlll Mayor Ferre: All right, thank you very much for your presence here. id 135 May 23, 1985 �� z.------------------------------------------------------- 45.A DISCUSSION OF BLACKS' FAIR SHARE OF LOCAL BUSINESS PURSUANT TO MINORITY PROCUREMENT ORDINANCE, RTC. 45.B APPROVE NEGOTIATION WITH MOST QUALIFIED FIRM FOR MODIFICATIONS/EXPANSION OF FIRE GARAGE AND FIRE STATION $3. Mayor Ferre: We are now on Item 32. Mr. Manager, we are on Item 32, which is selection of a firm to do the fire station. The committee who has been selected - the committee came up with specific recommendations. The item is before us. While we are waiting for the Administration to rather its ... I would like to congratulate Janet Cooper, if I may. May I congratulate you publicly? Janet Cooper now married. She recently married and we want to congratulate her. Mr. Pereira: Mr. Mayor, we went through the selection process for the selection of consultants for Fire Station Number 3. The firm that was selected, Number one, is 100% minority owned. Two out of the three subcontractors are also 100% minority owned and was submitted for your ... authorize us to undertake negotiations with this firm and proceed. Mayor Ferre: All right, does anybody wish to speak on this issue? Yes, sir, Mr. Frazier. Mr. Ron Frazier: Mr. Mayor and Commissioners, my name is Ron Frazier and my address is 5800 N. W. 7th Avenue. I am not here to complain about the selection process, but more so to put on record so significant points as it relates to your procurement regulations. I think there are three points that I would like to bring to this Commission, and I think you need to understand how it effects the selection process and professional consultants. You have two ordinances - one is a procurement ordinance, which is this big, thick document and it also illustrates how you select professional consultants. You also have a minority procurement ordinance and I have read through this document and the two are not inter -related at all. That minority procurement ordinance that you have that sets aside 50% of the business opportunities for minorities, Blacks and Latins is not integrated within this document at all, and I think when you have selection committees that are selecting professionals, they have no idea of how one plays against the other. Number two, the point deals with the selection procedure, and I would like this to be put on record - everytime there is a selection for a particular project or development, the process changes and I thought that you had some type of consistency, but evidently not. At one point, you selected consultants by total point. Another time, you select them by who has the most first place votes. Then, another time, you add up votes and come with a total and this is very inconsistent and I think the design professionals that take the time to put together proposals for these jobs need to understand and know exactly how they are going to be evaluated prior to submitting anything. I think in the Unified Development Ordinance you tell a potential developer up front how lie is going to be evaluated and what the criteria will be that he will be evaluated on. This does not happen in the selection of professional consultants. The third is the waiting criteria. Professional consultants aren't told at all what the waiting criteria is until you ask for the review papers. You don't know whether experience carries the major weight, minority participation, or what, and I think that in putting out ld 136 May 23, 1985 requests for proposals, that you need to let the design professionals know exactly what the waiting criteria would be when they are putting their proposals in before hand, rather than finding out later. The fourth item, this procurement ordinance has been intact for, I assume, two years and as I understand, 25% of the City's business is supposed to go to Black professionals - Black businesses. I would like to know for the record what is the status report on that, and whether or not Black businesses are in fact, getting that share, now that I know the two ordinances are not inter -related at all and I'd like to know what the score card is as it relates to the procurement of goods; as it relates to professional services; and as it relates to construction, because I am concerned about the implementation. I spend a lot of time and effort trying to get it passed, and I would like to see what the results are, so I think these are the four items that this Commission needs to understand before you deal with any other selection processes, because I think there are too many variables going on and consultants are not getting a fair shake in terms of the evaluation criteria and the way people are voting. I think the range between high and low scores is a little too far for consistency and just to reiterate those four items, I thin}; you need to consider that minority procurement ordinance and your big ordinance are not inter- related at all - not at alll And I think you need to have one process that everybody knows that is the way it is going to be and there is no confusion. That is about it. ' Mr. Plummer: Mr. Manager, I think that is a fair request that at the next meeting you come back with a score card and let us know what has happened. Mr. Pereira: Furthermore Commissioner, if I may, and Ron, you know that I am very familiar with this, as I took on i that effort in my former position. I had even prior - one of the first things I asked of staff when I came on board is to take a look at our procurement ordinance also, as well as the professional selection process and see the inter- relationship, because I think that in fact, there would be some unified process whereby we could ... ` evaluation of professional selections - consultants such as engineers and architects occur, we are diligently working on that. I have a very thick document report that I am about f to read this weekend on it, and we are working on it, but I welcome your comments and definitely we will bring the score back next time and your comments are certainly well taken. Mr. Frazier: Okay, but I don't want the Commission to forget about that little status report. I am very concerned of the amount of business that Black folks have done with the City of Miami, since the ordinance has been put in place. Mr. Pereira: You will get that report next meeting. Mayor Ferre: We will have that by the next meeting, you say? Mr. Pereira: Yes. That is just fingertip information, 1 hope. Mr. Plummer: Do we have the opportunity to have any kind of a plan or anything on the Station 3? Mr. Pereira: I don't follow your question. Mr. Plummer: expansion is. Well, I haven't seen a plan as to what tho ld 137 May 23, 1985 4 Chief McCullough: Station 3 is to be refurbished► Mr. Plummer: Well, according to this here, "modify &nd expand the fire garage in Fire Station 3"6 Chief McCullough: Right. Mr. Plummer: What I am saying to you, Kenny, is I have not seen any plans. Chief McCullough: No, there are no plans developed. We were hiring the architects to develop plans. Our preliminary discussion is, and our budget was set to modify Station 3 to upgrade it with cubicles, to refurbish the kitchen ... Mr. Plummer: I understand that. Chief McCullough: To develop spare apparatus rooms between Fire Station 3 and the garage, to double -deck that area of new construction and in the old garage, to house the rescue headquarters ... Mr. Plummer: Let's come at it backwards. My concern, as it is with all projects, you supposedly have from the bond issue, $2,570,000. How much of that is dedicated to construction? Now, when I say construction, I am talking about bricks, mortar, architects, land clearing, all of that. Chief McCullough: $2,500,000 is the total project. Mr. Plummer: So you are leaving then ... no, no, nol Chief McCullough: That includes furniture and fixtures. Mr. Plummer: That includes everything? Chief McCullough: That is correct. Mr. Plummer: All right, then this Commission still will hold onto itself as such time as the architect comes back. You see, I've got a problem with the architect running off and doing what he wants to do and then he comes back here and if we don't accept it, then it is money over the damt Now, I think somewhere along the line this Commission needs to give some input as to what is going to be done, so that we, the Commission will have assurances, Number one, that there will be no overrun, and Number two, that this Commission agrees with what is being proposed. Mr. Plummer:(Cont'd) And at this time, I don't know if any of my colleagues have, but I have not seen any plans, no drawings, no concept of any kind other than wording that says modify and expand Fire Garage and Fire Station 3. Chiewf McCullough: This is what we are hiring the architect for because we don't have the ability in house to develop that type of a program. Mr. Pereira: I think that what you are asking for if I may interject here is that once those plans are completed or at least under a conceptual... the schematics and before we go out for bidding the station for construction that we bring those plans to you for approval. Am I correct in... that's I think where you are going at. You don't want us... gl 138 May 23, 1985 4 40 Mr. Plutnmer: Sergio, look, I have been here fifteen years and so many times have I seen, for example, let me give you the Police Department. Ok. We built a brand new building down there, a beautiful building and in reality we built more than we could afford because we didn't have the money left over to buy furniture. We didn't have money to buy the generator. We didn't have money to buy this that and the other thing and what we did was we just over spent what we could afford. Now, what I want to make sure is that what we build is what we can afford and it comes in with under the numbers... You know, Kenny, not necessarily you, don't take this personally, but you know we have to buy a big tank down there for this. We have to buy a _generator for that. We have to buy this. We have to that. I'm saying that I want assurances that whatever the monies are allocated for furniture and fixtures, radios, antennas. The whole nine yards. Rugs, that it will be definitely incorporated that when you send that architect out, you say I have got "X" number of dollars for construction, includinq architectural supervision, engineering, lot clearing, the whole thing because I guarantee you that if you don't give him those instruction, his marching orders from the beginning, you are going to have cost over runs and cost over. runs. Mayor Ferre: Well, I think the truth of all of this is some where in the middle. And I think we have to take it one step at a time and I think Chief, you are eminently correct, you don't have the in staff qualifications to do this. On the other hand Plummer is correct and I think we need to work this hand in hand. So, some where along the line we need to come to a consensus and you need to come back here with a definition. Mr. Pereira: You know, there are certain steps that you... you know, that you take design to and there are... Mayor Ferre: It's a chicken/egg situation Sergio and the question is which comes first and I agree with your state... with the administration's that we need to get an architect and help... and get him on board to define what the process is and that will then define the cost and the direction. Mr. McCullough: That's his first order of business is to development the cost. Mr. Pereira: Is develop the cost and come back to you before even go out for any kind of construction. Mayor Ferre: Are we ready to vote now on Item 32? Mr. Plummer: Mr. Mayor, I'm ready to vote, but let just put one other thing on the record. You know, had we gone along with the Police Chief on his substation proposal, I don't think there is anybody... As my colleague said Commissioner Dawkins, all he was trying to do was to kill it. Now, had we accepted that Carte Blanche from the very beginning there was more there than we could ever, ever afford. I want to make sure that doesn't happen here. Ok. That's all I'm saying. Mayor Ferre: Are we ready to vote now? Mr. Plummer: I will move it. Mayor Ferre: Item 32 has been moved by Plummer, is there a second? Mr. Perez: Second. Mayor Ferre: It is seconded by Pereze gl 139 May 23, 1985 04 Mt. Plummer: Excuse fie, Mr. Mayor, I want to ask,,, Mgt. City Manager, this firm that you are recommending for Reilly and Associates. Mr. Pereira: Yes, sir. Mr. Plummer: You have nothing in here as to any projects that they have ever done. I would like to know what is their largest project. Mayor Ferre: Is there a representative for Hyman here? All right, wby don't you set forward. Mr. Plummer: Where is your offices located? Mayor Ferre: Give us your name, address and answer the questions of: the Commissioner please. Mr. Hyman Borelli: Yes. My name is Hyman Borelli. I'm the President of Borelli and Associates. One of the projects Mr. Plummer that I was partially responsible for under another firm name was the City of Miami Police Headquarters and the parking garage. j r Mr. Plummer: No, I'm talking about your firm, sir. How long have you been in business? Mayor Ferre: See, what he is saying is that his firm before - used to be called Pancoast and Borelli. See. Mr. Borelli: Pancoast Borelli etc. Mr. Plummer: But that doesn't cut any mustard with me. You are now... They are not associated with you anymore right? i Mr. Borelli: No, sir. Mr. Plummer: And if you have got a loss they are not going to make it up. Mr. Borelli: No, sir. Mr. Plummer: Ok. How long--- this company that's being recommended ---how long have they been in business. What's the longest project you have ever done. Ok. Where is your offices located? Mr. Borelli: Well, we have... as Borelli and Associates I have been in business since 1977. The most recent project that is under construction is the City of Miami Beach Police Headquarters. That's a 13.7 million dollars project. Mr. Plummer: And you are the sole architect on that? Mr. Borelli: Well, I'm in joint venture with another firm, an engineering firm, two engineering firms actually. Mr. Plummer: Ok. Mr. Borelli: Besides that I'm presently working on a project at the Airport for the Dade County Aviation Department. That's approximately a twenty million dollar y project in the two stage process. Previous to that I have done work for the School Board, the Computer Center for the Dade County School Board. Dade County HUD. Mr. Plummer: Where are your offices located sir? Mr. Borelli: My offices are in South Miami. 91 140 May 23, 1985 MY. Plummer: Why? Mr. Borelli: Well, quite honestly I had my office in the City of Miami for ten years, in Coconut Grove as a matter of fact and as prices rose in Coconut Grove I couldn't afford to keep my office there. i ' Mr. Plummer: If everybody took that opinion that you did Coconut Gro.,e would be vacant wouldn't it? Mr. Borelli: Well, may be there is people who earn more money than I do. ' Mr. Plummer: Twenty million dollar projects. Mayor Ferre: Ok. Any other questions on Item 32? Well, may be after you get this job you might be able to afford to come back to the City of Miami. Mr. Borelli: I would love to. It's a great area. Mayor Ferre: All right, are we ready to vote? Plummer are you still moving? Mr. Plummer: Yes, sir. Mayor Ferre: Is there a second? Perez seconds, further IV discussion? Call the roll on 32? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-559 _ A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTANT FIRMS TO PROVIDE PROFESSIONAL SERVICES FOR THE MODIFICATION AND EXPANSION OF THE FIRE GARAGE AND FIRE STATION #3; AUTHORIZING THE CITY MANAGER TO UNDERTAKE NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS, TO ARRIVE AT A CONTRACT WHICH IS _ FAIR, COMPETITIVE AND REASONABLE, AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE COMMISSION FOR RATIFICATION AND APPROVAL BY THE COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: Now, Mr. Manager, I would like to... I think the City Commission should adopt a policy in the same way that we did it with bonds. That once a architect in Miami gl 141 May 23, 1985 i 4 gets a major... especially, in the minority groups, gets a Major project if possible... I don't think it has to be rigged, but if possible I think it's important for the next Committee and the next project to move on to another architectural firm. I'm not... I have nothing against = $orelli. I have got nothing against Willie Bermello I got nothing against Ron Frazier or anybody else, but once they get a project and there is somebody else out there that bids, provided they are qualified and they put in a good bid that ought to give them a little extra. Not rieid If the quality... Mr. Pereira: It's a rotation policy that... Mayor Ferret Yes, and because the quality is so overwhelming that it has to be, it has to be. Mr. Plummer: Well, Mr. Mayor, I got to disagree with you on that. I'm sorry. I still like the competitive bidding process where you get the most qualified for the least - priced and... Mayor Ferret You can't do that in professional stuff J. L. Mr. Plummer: Yes, you can. With minority procurement you can do it. Ok. Mayor Ferret In professionals? ' Mr. Plummer: Why not. Mayor Ferret I'm talking about architectural services. Mr. Plummer: Why not. Mayor Ferret There is no way to competitively bid architectural services and it isn't fair for these minority... you can't go out there and say... you know what's going to happen if you do that? Only big firms are going to take architectural contracts, because nobody that has a relatively small office can afford and they will crank out and you will get just... what you get is stuff out of drawers, you know, and you will get standardized cheap architecture right to the point, no design and you are going to end up paying for the couple of thousands dollars here and there you are going to save, you are going to spend... you are going to end up with horrible buildings that are —` worth millions of dollars and you will have save five ten _ thousand dollars here and there. It isn't worth it J. L., not in architecture and not in law. I think that's no way to hire a lawyer. If you go out and say ok, we are going to put out professionally... we are going to bid for the cheapest law, you know what's going to happen. Sure you will get cheap lawyers. You will get lawyers that don't have any clients and have no other choice but to bid and sure we can get... instead of Frates or somebody that we are paying a hundred fifty dollars or two hundred an hour that we did for the FEC property, you will get somebody to do it for fifty dollars an hour, but that's about what it will be worth too. It will be worth one third of the... You can't do professional services like that. Mr. Plummer: I said quality a reasonable cost. I didn't say go out and advertise for the cheapest one around. When you negotiate, that's what a negotiation process is for. Mayor Ferret And that's what the Manager is supposed to do. Now, Mr. Manager, you see that gentleman that just stood up, now you go squeeze Mr. Borelli hard. gl 142 May 23, 1985 4 0 Mr. Pereira: I will get into his pocket. Mayor Ferre: Ok, anyway I'm just saying that I would like for you to formulate and come back to this Commission with a resolution that on professional services whether it be lawyers or architects or what have you, everything being equal that we try to rotate things so that everybody gets a fair crack at it. That we don't have just one firm that we always go to. Ok. ------------------------------------------------------------ 46. SECOND READING ORDINANCE: Amend 9500/Art. 20/Sec. 2031 Drive -In Establishments', etc. provide special exceptions with approval by City Commission; etc. Mayor Ferre: Now, we are on Item 16. Go ahead. Mr. Whipple: Item 16 is the infamous drive-in amendment. Mr. Plummer: Is there anybody against it? Is there anybody that wants to speak against it? Mr. Mayor, I move Item 16 on second reading. i Mr. Perez: Second. - Mayor Ferre: All right, sixteen has been moved and - seconded, is there any further discussion on it. Read the ordinance. Ok. Call the roll. f AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 2031.2 OF SECTION 2031 ENTITLED "DRIVE-IN ESTABLISHMENTS; CAR WASHES," TO REQUIRE A SPECIAL EXCEPTION WITH APPROVAL BY THE CITY COMMISSION IF CAR WASHES, TELLER WINDOWS OF DRIVE-IN BANKS, TICKET SELLING SPACES x OF DRIVE-IN THEATERS, OR OTHER DRIVE-IN FACILITIES (INCLUDING BUT NOT LIMITED TO FOOD AND BEVERAGE SALES, AND LAUNDRY AND DRY CLEANING PICK-UP STATIONS) DO NOT PROVIDE THE MINIMUM NUMBER OF RESERVOIR SPACES; FURTHER, AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGES 3 AND 4, IN ZONING DISTRICTS O-I AND CR- 1 TO REQUIRE SPECIAL EXCEPTION, WITH APPROVAL BY THE CITY COMMISSION, OF ALL DRIVE-IN FACILITIES THAT DO NOT PROVIDE THE MINIMUM NUMBER OF RESERVOIR SPACES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of April 18, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre r gl 143 May 23, 1985 I 4 Nona t None,. ABSENT: Commissioner Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9995. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------ 47. SECOND RENDING ORDINANCE: 9500 Atlas change from RS-2/2 to RO-175 Area. generally bounded by 1-95, Metro right- of-way, SW 17 RD., SW 2nd Ave, a line parallel to approx. 210' NE of SW 17 Rd. & Sias. 2nd Ct. ------------------------------------------------------------ Mayor Ferre: We are now on Item #18. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: All right, it's been moved and seconded, is there further discussion? Is there anybody here who wishes to speak on this ordinance? Item 18. Anybody here in the public wishes to speak for Item 18? It's been moved and seconded, read the ordinance. All right, Mr. Rodriguez. Mr. Rodriguez: Yes, I just want to add a statement for the record. s Mayor Ferre: Go ahead. Mr. Rodriguez: As you know the Planning Department recommend the approval of this item, but we would like to add that we have received information in relation to fire flow tests that have been completed in the area, that any new development that comes through the area and we are not talking now as conversions to assisting housing that will occur in the area will require improvements to be paid by the developers at the time of building permits. _i Mr. Plummer: Who else would pay it? Mr. Rodriguez: I have been told in the past that if we don't have a statement like this it is assumed that the City will provide those services normally in a small development, because there is no process... nothing in the process that would require us... would allow us to require that from new developers. Mayor Ferre: Are we ready to vote? Call the roll on 18. gl 144 May 23, 1985 4 MINANCE ENTITLED- AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE AREA GENERALLY BOUNDED BY THE I- 95 EXPRESSWAY, METRORAIL RIGHT-OF-WAY, SOUTHWEST 17TH ROAD, SOUTHWEST 2ND AVENUE, A LINE PARALLEL TO AND APPROXIMATELY 210 FEET NORTHEAST OF SOUTHEAST 17TH ROAD AND SOUTHWEST 2ND COURT (110P,E PART]CULARLY DESCRIBED HEREIN), FROM PS-2/4 NE -FAMILY DETACHED RESIDENTIAL TO RO-1/5 RESIDENTIAL - OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of May 9, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. 1 Vice -Mayor Joe Carollo ! Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9996. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------ 48. SECOND READING ORDINANCE: 9500 Atlas change from RS-2/2 to RO-3 5 - property located approximately at 1600 SW 2nd Avenue. ------------------------------------------------------------ Mayor Ferre: Take up 19. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: Moved by Plummer, seconded by Perez, is there anybody who wishes• to speak on Item 19? Seeing none, read the ordinance. Call the roll. 91 145 May 23, 1985 E 0 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 1600 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS2/2 ONE -FAMILY DETACHED RESIDENTIAL TO RO-3/5 RESIDENTIAL -OFFICE.,, MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO, 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of May 9, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 1 ABSENT: Commissioner Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9997. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------ 49. SECOND READING ORDINANCE: 9500 Atlas change from RG-2/5 to RO-3 5 area generally bounded by SW 2 Cr, SW 15 Rd., SW 1 Ave & a line parallel to & approx. 115-150 FT. SW of SW 15 Rd. t Mayor Ferre: Take up 20. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: Moved by Plummer, seconded by Perez. Anybody here wishes to speak on this. Further discussion? All right, ready the ordinance on 20. Call the roll. 9l 146 May 23, 1985 k2 0 AN OAMNANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE AREA GENERALLY BOUNDED BY SOUTHWEST 2ND COURT, SOUTHWEST 15TH ROAD, SOUTHWEST 1ST AVENUE AND A LINE PARALLEL TO AND APPROXIMATELY 115-150 FEET SOUTHWEST OF SOUTHWEST 15TH ROAD (MORE PARTICULARLY DESCRIBED HEREIN), FROM RG 2/5 GENERAL RESIDENTIAL TO ROMAKING- 3/5 RESIDENTIAL -OFFICE; MAKING FINDINGS; AND BY M 0"\I NG ALL THE tkECE6SAft�' CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION INN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of May 9, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- • AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9998. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------ 50. SECOND READING ORDINANCE: 9500 Atlas change from RG-2/5 to RO-1 5- area generally bounded by SW 2 ave. Sid 17 Rd., SW 1 Ave & a line parallel to & approx. 390 ft NE of SW 17 Rd. ------------------------------------------------------------ Mayor Ferre: Take up 21. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: Moved by Plummer, seconded by Perez. Is there further discussion? Does anybody wish to speak on Item 21? If not, read the ordinance. Call the roll. gl 147 May 23, 1985 k2 AN MINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE AREA GENERALLY BOUNDED BY SOUTHWEST 2ND AVENUE, SOUTHWEST 17TH ROAD, SOUTHWEST 1ST AVENUE AND A LINE PARALLEL TO AND APPROXIMATELY 390 FEET NORTHEAST OF SOUTHWEST 17TH ROAD, MIAMI, FLORIDA (MORE PARTICULARL)DESCRIBED HEREIN) FROM RG-2 /5 GENERAL RF,SI DENTIAL TO RO-1/5 RESIDENTIAL -OFFICE; MAKING FINDINGS; AND BY MiAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of May 9, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final. reading by title and passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9999. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------ 51. ALLOCATE $40,000 IN SUPPORT OF "NEW CENTER FOUNDATION" TO PARTIALLY FINANCE PHASE II OF THE "PERFORATING ARTS FACILITIES STUDY FOR GREATER MIAMI". ------------------------------------------------------------- Mayor Ferre: We are now on Item #34. Mr. Alan Greer: Mr. Mayor. Mayor Ferre: Go right ahead. Mr. Greer: Alan Greer, 224 Ridgewood Road. We are here on the allocation of forty thousand dollars previously approved in June of 1984 for a phase II study of the performing arts - facilities in Downtown Miami. Mr. Plummer: I move that Item 34 be approved. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion, call the roll. g1 148 May 23, 1985 4 The following resolution was introduced by Coffifa §sifter P. 1ur mar o who moved i t s. adoption: RESOLUTION NO. 85-560 A RESOLUTION ALLOCATING $40,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE NEW WORLD CENTER FOUNDATION TO BE USED IN CONJU,'NCTION WITH $40,000 FROM METROPOLITAN DADE COUNTY, $40,000 FROM PRIVATE SECTOR, AND $30,000 IN IN -KIND SERVICES OF THE STAFFS OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE COUNCIL OF ARTS AND SCIENCES TO PARTIALLY FINANCE PHASE II OF THE PERFORMING ARTS FACILITIES STUDY FOR GREATER MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo i NOTE FOR THE RECORD: Agenda item No. 26 re request for unding for Allapattah Commercial Industrial Association WAS WITHDRAWN. ------------------------------------------------------------ 52. REFER TO CITY MANAGER REQUEST RECEIVED FROM H.A.C.A.D. FOR USE OF GUSMAN HALL ON JUNE 16, 1985 AND WAIVER OF THE USE FEE. - CITY MANAGER TO REVIEW AND RECOMMEND TO THE COMMISSION. Mayor Ferre: Let's hear from H.A.C.A.D. if it's not a long controversial item. If it is it will be at the next scheduled agenda. Yes, sir. Mr. Ringo Cayard: Ringo Cayard, 1 Northwest 62 in Miami. H.A.C.A.D is celebrating its tenth anniversary as I think most of the Commissioners knows and we would be requesting the use of Gusman Hall and see if the City could provide a waiver of fee for that. Mayor Ferre: All right, Ringo, under our rules and regulations as you know and under the agreement with Gusman and with the Off -Street Parking Authority that has to be paid for and that goes through the Manager. So, what we will do is... H.A,.C.A.D. Mr. Manager, wishes to have a waiver of the Gusman Hall for June 16, 1985. So, would you deal with that issue and report back to us at our next Commission meeting I guess. Mr. Pereira: Yes, sir. We have already asked the representatives to meet with our staff persons and we will be back with a recommendation on the 13th. Mayor Ferre: Is that all right with you? Mi 149 May 23, 1985 1 Mr. Cayard: Ok. Because on the 13th that's the next Commission and that affair is on the 16th which is three days after. The reason why we picked the 16th is because... Mr. Plummer: Don't put the bad boy on us. Why are you now just coming here? Mr. Cayard: I know, no that's what I wanted to explain. Most of the artist are coming from Haiti and Canada. They are passing by Miami. So, we would be saving about two three thousand dollars by having it at that time. Otherwise, we would just postpone it for a month, but since they are going to Canada... So, that's the reason why we want to do it. Mayor Ferre: Thank you. Mr. Cayard: Thank you. ------------------------------------------------------------ 53. CONTINUED DISCUSSION re PROPOSED CHANGE IN FORM OF GOVERNMENT. (See label No. 67). ------------------------------------------------------------ Mayor Ferre: Now, we are now... I think there are no members of the public on any... So, we will just go back to the regular agenda. Are you ready with yours? Mr. Carollo: I'm ready with the Strong Mayor question. Mayor Ferre: Let's go. Mr. Carollo: Mr. Mayor, I will be... Well, I'm ready to make the motion for the Strong Mayor proposal with the amendments that were previously made before. Mayor Ferre: All right, is the ordinance properly written? Mr. Carollo: The other change will be that it will be two years for the Mayor's first term and then after that it will be four year terms. Mayor Ferre: That's fine. Are we ready to go? Make your motion. Mr. Carollo: I so move Mr. Mayor. Mayor Ferre: You so move what? Mr. Carollo: I so move the ordinance that has been before us with the changes that we discussed previously. Mayor Ferre: Now, wait a minute. Lucia said it had to be two ordinances. Now, is this... Mr. Maxwell: They.are still working on that Mr. Mayor, in the back. Mayor Ferre: Now, is this as they... she is still working on it? Mr. Maxwell: Yes, sir. Mayor Ferre: Well, Joe, you better wait until ito,a finished. s It .J gl 150 May 23, 1985 :,7r,' IL Mr, Carollot Lucia. Whore is she at? Mayor Ferre: Where is Lucia? Mr. Maxwell: They are in the COW room. Mr. Pereira: They are working on it right now. Mr. Carollo: Ok. Well, we will hold off then. 54. SECOND R.EpADING ORDINANCE: AMEND 9500, Art. 21 (Nonconformitie Sec. 2120 (Nonconformity lots); etc. viking provisions for exceptions, etc. Mayor Ferre: Have we done 15? SPEAKER UN)'ti:OWN: No. Mayor Ferre: So, we are on 15. The Planning Department, second reading ordinance to prevent reorientation of nonconforming lots through repeating... through the replatting process. Amendments will prevent refacing of substandard lots. Are we ready to vote on that? Anybody have any problem with 15. This is on second reading. Plummer you moved it last time are you ready to go again? Mr. Plummer: Yes, sir. Move it. Mr. Perez: Second. Mayor Ferre: Plummer moves, Perez seconds, further discussion on 15? Read the ordinance. Wait a minute. Anybody want to speak on this? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTIONS 2102.2.1.1 AND 2102.2.1.2 OF SECTION 2102 ENTITLED "NONCONFORMING LOTS," TO PROVIDE THAT NONCONFORMING LOTS UTILIZING THE "EIGHTY PERCENT" EXCEPTION AND RULE FOR LOT DIVISION MUST MAINTAIN THE SAME COMMON FRONTAGE AND ORIENTATION AS THE PREVIOUS LOTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of April 18, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo May 23, 1985 TH9 ORDINANCE WAS DESIGNATED ORDINANCE NO. 10,000. The City Attorney read the ordinance into the public record and announced that copies were available to the %embers of the City Commission and to the public. .------------------ ------------------------- --------------- 55. CONTINUE CONSIDERATION OF PROPOSED IS'T READING ORD.-AMD 9500 ART.15 SPI: SPECIAL INTEREST DISTRICTS, SEC. 1520 SPI-2: COCO➢IJT GROVE CENTRAL COi ERCIAL DISTRICT; ETC. - ALLOW TEMPORARY CIVIC ANI? POI,ITICA.L CA-MPAIGN SIGNS; ETC. MAKING PROVISIONS VOR EXEMPTIONS; .FTC. Mayor Ferre: We are now on 17 which is Amendment "K" and this deals with signs. Mainly, political signs. Carollo have you read 17 and you are all set on that? Ms. Dougherty: Mr. Mayor, we are passing out a new Item 17 which incorporates the Planning Board's recommendation. Mayor Ferre: Tell me again. Ms. Dougherty: We are passing out a new Item 17 which incorporates the Planning Board's recommendations. Mayor Ferre: Well, would you then tell us what the main features are of this so that we don't have to go through it and then redo it... Mr. Plummer: How much difference is it? Mr. Whipple: Either the Law Department or I can comment. There is not too much difference than what was previously before the City Commission with the exception of the size limitations. Mayor Ferre: Size limitations. Mr. Whipple: Size limitations. Mr. Carollo: What's the size limitation Whipple? Mr. Whipple: The size limitation is four square feet per face, two faces per site for a total signage of eight square feet and... Mayor Ferre: Four square feet. Mr. Whipple: Eight square feet. Two four foot faces. Mr. Carollo: A total of eight square feet which would be two times two on each side. Mr. Whipple: Back to back for instance. Mr. Carollo: Yes, two by two back to back maximum. So, you cannot have four by eight just one side? Mr. Whipple: No. Mr. Carollo: That's fine. Two by two. This is about a foot . Mayor Ferre: Two by two is like that calendar. Mr. Carollo: Yes, I just want to get an idea here and make sure that... 19 152 May 23, 1985 `�1�. 1�lutnrner: That big. 1�1f. Carollo: It's an awkward size but... it`s �t��t �i�� that. Half of that. That might be too big. MY. Whipple: About twenty-six inches here. Ms. Joanne Holshouser: Coulc. I ask a question about that? Mayor Ferre: Well, wait a minute, before you do that. Whipple, is that the only change? Mr. Whipple: No, there are some other information. There is a some cleaning up the verbage, the height is limited to four feet in height. Mayor Ferre: You are talking about substantial changes. Four feet... Mr. Carollo: Well, when you say four feet in height if they are not nailed into a wall right. If they are just in the ground, the maximum is four feet in height. Mr. Whipple: Yes, sir. If they are a free standing sign as step forth in the ordinance it will be limited to four feet in h eight. Mayor Ferre: Ok. What else? Mr. Whipple: It provides... well, there is no changes. There is other provisions such as sign removal after three days. Mayor Ferre: Mr. Whipple, I have asked you a question. I would appreciate if you would not wonder beyond it. The question is... you all way end up going off on tangent. Would you listen. The question tdr. Whipple is what we received in our packet, would you just tell us what the substantial changes are. Now, one of them is that the signs are now no more than four square feet two sides, a maximum of eight per lot. The other one is that no sign can be taller than four feet if it's free standing. Are there any other changes? Mr. Whipple: The third item and last item to the best of my knowledge Mr. Mayor, has to do with sign removal, declaring that signs that are not removed in a timely manner to be a public nuisance and be subject to removal by the candidate, property owner or person involved in whatever is being advocated by the sign. Mayor Ferre: And who pays for that removal? Mr. Whipple: That is up to the individual candidate or what have you. Otherwise, the... Mayor Ferre: So, the County will say I'm not going to pay for it, let the taxpayers. Mr. Carollo: Well, you got some State laws on that already that the candidates have to pay. Correct? Or either State or County. Mayor Ferre: Are there laws that covers us on that? Mr. Whipple: I believe they have a wording that's not quite as strongly as we have worded in here and then failing that the City would be forced to remove or could remove the signs theoretically with any recourse. gl 153 May 23, 1985 A AW Mr. Plummer: And put a lien on the property Mr. Whipple: The Law Department would have to answer thst. Ms. Dougherty: (COMMENT INAUDIBLE). Mr. Plummer: You know, really we are kidding ourselves. Qk. You go out there today and there are already at least five thousand illegal signs that are already out on the streets today. Mr. Carollo: Some guy named J. L., too, has got all kinds of them out there illegal. Mr. Plummer: Yes, you know, I wish the hell he would take that big J. L. and Correa out the... you know, huge J. L. and Correa is small. It's ridiculous. You can't enforce it. Mayor Ferre: ; thought Plummer was the magic name. You mean the magic name is J. L. Mr. Plummer: Ask John, don't ask me. We are doing all of this and who in the hell is going to enforce it. Mr. Perez: I would like to continue for the next Commission meeting. Mayor Ferre: Commissioner Perez moves that this item be continued until the next... Mr. Plummer: Until November 6th. Mayor Ferre: Until the next meeting. All right, the next meeting is on the 13th of June. So, is there a second? Mr. Plummer: Any time a Commissioner ask for one meeting definitely. Yes, I second it. Mayor Ferre: Further discussion? Call the roll to continue this. Ms. Joanne Holshouser: Could I please ask if something could be included? Mayor Ferre: Oh, I'm sorry. Go ahead, Joanne. Ms. Holshouser: Is it possible that this or something else could apply to the signs that are profilerating again in the Grove on the sidewalks. Everybody has got a sign and they are sticking them out on the street again. The cafe on Grand Avenue has their nice tables and their landscaping and everything else and yesterday and today they have got an aisle. They have got the legal aisle, not as wide as this but it's there, but right in the middle of the isle, just before you get to their section is a great big sign board and it's happening all over the Downtown Grove, people run out from the businesses sit the signs up. Mayor Ferre: Go ahead. Mr. Carollo: It's almost as bad as the news rack, huh, every. Ms. Holshouser: Sure is. I read your verbatims on th4t just today with you. Mayor Ferre: We have got laws that cover that. It gl 154 May 23, 1985 AW Mr, Whipple: There is two sections that might be involved it it's in the right of way Public Works Department would... has provisions in the City Code regarding illegal signs and otherwise, signs aren't permitting zoning wise. If there is Some extra signs coming up off the public right of away. Mr. Plummer: Who is enforcing it? Mr. Whipple: The Zoning Division. Mr. Plummer: Obviously, nobody is enforcing it. Ms. Holshouser: That's what I mean and a lot of them are coming out at night and a lot of the peddlers are coming out at night. There are no policemen and the few that are there on weekends have their hands full as you all know. We really need help on this. If somebody could get back to me. Thank you. 56. INSTRUCT CITY ATTORNEY TO DROP THE CRUZvs FERRE CASE AS CONSTITUTED- INSTRUCT ATTORNEY TO COME BACK WITH NEW ORDINANCE INCORPORATING RECOMMENDATIONS FROM SPECIAL COUNSEL. Mayor Ferre: The next Item is 25. We get to the porn It thing. Lucia. Mr. Plummer: Where is that? Mr. Pereira: 25. Ms. Dougherty: Mr. Mayor, in your package you will find a legal opinion written by the City's special counsel who incidentally also, represented the State of Utah in a similar kind of lawsuit and it is now pending in their appellant courts in the state. They have opined that we should not seek certorari in the Supreme Court in our ordinance... for our ordinance, but instead if we want to implement such a ordinance we should again sort over and correct the due process problems with the ordinance and also, liberalize it by making a window in which certain times indecency would be allowed. Mayor Ferre: All right, I think Lucia, having said that it's my opinion that we have paid an exceptionally fine constitutional lawyer that you have recommended and that has had experience in this field and has also represent Salt Lake City and... Ms. Dougherty: The State of Utah. Mayor Ferre: The State of Utah, I'm sorry. And I think the recommendation of that firm is, if you will forgive the pun strip the matter down to its bare essence which is the first amendment of the constitution freedom of speech issue and I think we ought to follow his recommendation to the letter and that is that it specifically be only that issue. That we get away from the Manager being the judge and the advocate and the Prosecutor and all that and that we also, allow these so-called indecent films at an hour beyond 11 O'clock so that we can parallel the specific case as much as possible in the hopes of making it constitutional. And I just for the heck of it. I will so move, that you be instructed, one, to drop the case as constituted and come back with an ordinance for this Commission as outlined in that constitutional letter. Joe, I have moved it. gl 155 May 23, 1985 Mr, Plummer: Mr. Mayor] since it will be brought back to this Commission for us to approve or disapprove, 1 will second the motion. Mr. Carollo: Ok. There is a motion and there is a second, under discussion. Mr. Dawkins: Under discussion. What did we pay this gentleman? What was the total cost for him to go through this? Ms. Dougherty: Two thousand five hundred dollars. Mr. Dawkins: No, further questions Mr. Vice -Mayor. Mr. Carollo: Ok. No, further discussion, can you call the roll Madam Clerk. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 85-561 A MOTION INSTRUCTING THE CITY ATTORNEY TO DROP THE CRUZ vs. FERRE CASE AS PRESENTLY CONSTITUTED; FURTHER DIRECTING THE CITY ATTORNEY TU COME HACK WITH A NEW ORDINANCE FOR THE COMMISSION'S CONSIDERATION WHICH WOULD FOLLOW THE RECOMMENDATIONS MADE BY SPECIAL COUNSEL (HU BB, STRAUS, DEAN & WILDER), AS MORE FULLY DESCRIBED IN THEIR LETTER ADDRESSED TO THE CITY ATTORNEY, DATED APRIL 30, 1985, AND DISCUSSED BEFORE THE CITY COM-IISSION ON THIS DATE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 57. EMERGENCY ORDINANCE: ESTABLISH 2 NEW SPECIAL REVENUE FUNDS: a RENTAL REHABILITATION PROGRAM - 1984"; AND (b) RENTAL REHABILITATION PROGRAM! -1985" - FUNDED FROM FEDERAL GRANT MONIES. Mayor Ferre: We now are on Item #28. Mr. Pereira: 28, you have to do. Mayor Ferre: 28, Mr. Manager. Mr. Pereira: Yes, Mr. Mayor, this is an emergency ordinance in order that we can proceed and process the rehab loans for multi -family rental housing, that we cannot disperse those monies until we approve the emergency ordinance. It was an over sight on the part of the staff... 91 156 May 23, 1985 4 'A A Mr. Plumtert So, move Item 28. Mayor Perre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion, read the ordinance. Is there anybody here who wish to speak on Item 28? if not, without further discussion, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING TWO NEW SPECIAL REVENUE FUNDS ENTITLED: "RENTAL REHABILITATION PROGRAM - 1984" AND "RENTAL REHABILITATION PROGRAM - 1985", APPROPRIATING FUNDS FOR THE OPERATION OF SAME I.N THE AMOUNTS OF $696,800 AND $690,000 RESPECTIVELY, CONSISTI14G OF FEDERAL GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) FOR THE ACCEPTANCE OF THE GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Perez, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Perez, adopted said ordinance by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10001. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. gl 159 May 23, 1985 z A /*44 �. &WARD BID: P.N.M. CORPORATION ($750,038) - Bayfront Park Redevelopment - Phase I. ------------------------------------------------------------ Mr. Pereira: Item 33 is the awarding of the bids and I have to read.... I have the figures here. Mr. Plummer: What are these bids exactly for? It doesn't say here. It just says park redevelopment. Mr. Pereira: It includes clearing and dropping of plants materials, root pruning, relocation of existing trees. Temporary irrigation system and other. John you want to elaborate on that? Mr. Plummer: How close to the library? Mr. Gilchrist: This includes only the portion of the park north of the Flagler pomenade. North of the Library and it dugs in addition to that include putting an irrigation system in what used to be the Bayfront band shell and we would place trees there in a temporary nursery that would later go back into position after the construction. Mayor Ferre: All right, is there a motion? Mr. Plummer: No, not until we get our numbers filled in. Mr. Pereira: I will give you the numbers. The accepted bid of P.N.M. maybe I can read the whole thing and that will be easier. (AT THIS POINT PEREIRA READS AWARDING RESOLUTION INTO THE RECORD). Mr. Plummer: Wait, go back. what was that last amount? Mr. Pereira: 105,005. Mr. Plummer: And that's to cover the cost of the project expense? Mr. Pereira: Right. Mr. Plummer: What are project expenses? Mr. George Campbell: Project expenses include some of the design cost, the preparation of the specifications, surveys, printing the plans. Mr. Plummer: Continue. Mr. Pereira: (PEREIRA CONTINUES THE READING OF THE AWARDING RESOLUTION). Mr. Plummer: Fifteen. Mr. Pereira: Fifteen, 15,000. (READING CONTINUES). Mr. Plummer: What's the indirect cost? Mr. George Campbell: Those are costs which are incurred by various other departments such as the Law Department, the City Clerk's Office, Finance. Mr. Plummer: Why then the fifteen thousand? Mr. Campbell: That's to cover the cost for advertising for bids, the postage to notify the various potential bidders, the testing that might be necessary. 1 gl 158 May 23, 1985 Mr. Plummer: That's too, much money. Mr. Gilchrist: I think Commissioner, what I would suggest. These are Public Works cost. What I would suggest is that after all those costs are accumulated they be submitted to us and approved for just those costs. The actual expenditures. Mr. Plummer: With an assurance that I will get such a background I will vote with it. I will move Item 33. Mayor Ferre: All right, there is a motion on 33. Mr. Dawkins: Second, under discussion. Mayor Ferri: Yes, sir go ahead. Mr. Dawkins Is P.N.M. the same outfit that MO MOOra park? Mr. Campbell: No, sir. Mr. Dawkins: Who has Moore Park? Ms. Juanita Shearer: Aaiem Construction. Mr. Dawkins: Who? Ms. Shearer: Aaiem. A-a-i-e-m. Mr. Dawkins: Is P.N.M. the same group that had Hadley's Park. Ms. Shearer: P.N.M. Construction did a small section phase I of Charles Hadley Park and we didn't have any problems with that section, sir. Mr. Dawkins: This company is very unresponsive. Hadley Park still looks like you have never been in it. Now, why do you keep using the firms who do not perform at top notch performances? Ms. Shearer: Commissioner Dawkins, if I may sir, while there are still problems at Charles Hadley Park P.N.M. Construction was not involved in the portion of the project for which there are difficulties. Mr. Dawkins: Ok. What part of the project were they involved in? Ms. Shearer: To the best of my recollection sir, they did work on the tennis courts at the cost of a hundred twenty- five thousand dollars. There was a resurfacing and fencing project and we were satisfied with their work as you may recall. Mr. Dawkins: Have you been out to look at the tennis courts in the last three weeks? Ms. Shearer: No, sir I haven't. But that may be a maintenance issue. Mr. Dawkins: I suggest you do. Ok. All I'm saying is Mr. Manager, some of these firms have a history of poor performance such as the one at Moore Park. Such as the one at Hadley Park in yet when they perform poorly we still continue to reward them. See, even if he is a low bid and he is not responsive, low bid and not responsive is not low bid sir. IV gl 159 May 23, 1985 a Nro Pereira: May I ask for some direction on the board on this because this is something that I tried when I was at the County. I believe in a debarment policy to be very honest with you. I was never able to convince the appropriate individuals at the... when I was with the County, but if the Commission so desires I am prepared to work with the City Attorney and come up with a process where firms that do business with the City that do not perform up to the standards that we have set be debarred for a period of time. By debarment that mean they will not be allowed to submit, you know, bids for City projects and I really need some guidance from you on that. Mr. Dawkins: You don't need no guidance. I make a motion that you be allowed to proceed along those lines. Mr. Plummer: Well, but you got to set it in the form of regulations and I second the motion. Mr. Pereira: Yes, we will have to come back to you and show you what we are trying to do, but I need your approval before I move on that. Thank you. Mr. Plummer: Question on 33. How many RFPs were sent out? Mr. Campbell: We mailed two hundred ninety-two advertisements to respective bidders. Mr. Plummer: How many were received? Mr. Campbell: Twenty contractors picked up plans and specifications and out of the twenty four contractors submitted bids to whom were minority contractors both Hispanics no Blacks. We had two Blacks pick up the plans, but no Black contractors responded. Mr. Plummer: You are telling me that in this town with all of the hungry people that only four people bid a three quarter of a million dollar project? Mr. Campbell: That's correct. Mr. Plummer: That's hard to believe. Mr. Pereira: I would like the administration to immediately write all of the sixteen bidders who did not bid after they picked up a packet and ask them if they would be so kind as to advise us why they chose not to bid. Mr. Pereira: We will so do. Mr. Plummer: It's inconceivable that with unemployment and all of the problems that we have in this town that on a three quarters of a million dollar project we sent out two hundred nineteen... Mr. Pereira: Two hundred ninety-two. Mr. Plummer: Almost three hundred requests for people to bid, only twenty of them... Mayor Ferre: All right, are we ready to vote on that with all these things on 33? Mr. Plummer: Yes. Was this the lowest bid? Mr. Campbell: Yes, sir. Mr. Plummer: Thank you. 19 w gl 160 May 23, 1985 A A Mayor Ferret Plummer moves. Mt. Dawkins: Second. Mayor Ferre: Dawkins seconded, further discussion or, 33? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-562 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $750,03B.00, BASE I31D OF THE PROPOSAL, FOR BAYFRONT PARK REDEVELOPMENT PHASE I WITH MONIES THEREFOR ALLOCATED FROM THE "BAYFRONT PARK. REDEVELOPMENT" ACCOUNT IN THE AMOUNT OF $750,038.00 COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $105,005.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $15,000.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $4,357.00 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ 59. INSTRUCT CITY ADMINISTRATION NOT TO REMOVE OLD, COCONUT PALM TREES IN RAYFRONT PARK DURING REDEVELOPMENT PROJECT WITHOUT SPECIAL PERMISSION FROM THE CITY COMMISSION. ------------------------------------------------------------ Mayor Ferre: Now, let me ask you .something John. The other day there was a little dinner party at the Bankers Club in the evening and you know, while people that were there were talking about that this is the only place in Florida where these very tall palm trees didn't die. There is some palm trees that are about the tallest that existed in Florida and they are still alive and they look green. Now, I hope to God, with all due respects to Mr. Noguchi, I hope to God he is not touching any of those tall palm trees. You know they can't be moved. Mr. Gilchrist: another issue. Sir, we are... and that's been before you on It gl 161 May 23, 1985 M&YOr Ferre: Fell me again. Mr. Gilchrist: We are moving the royal palms that are in... Mayor Ferre: I'm not worried about royal palms. Royal palms you can move. Mr. Gilchrist: Ok. Mayor Ferre: The Coconut palm trees that are sixty and seventy and eighty feet high, that are the highest coconut palm trees in Florida, that still are alive. I hope they are not to be touched. Mr. Gilchrist: Sir, you can issue that as a requirement to it. Mayor Ferre: I will so move. Mr. Dawkins: Second. Mayor Ferre: Call the roll. Mr. Gilchrist: Yes, sir. Mayor, the bid is such that we can exclude or change anything in it in terms of the moving of trees. So, if you give us that instruction it's a unit price. Mayor Ferre: My motion is that none of the old palm trees that are over ---what? Twenty feet high? ---be removed without a special vote of this Commission. I'm talking about the coconut palm trees, not the royal palms. Royal palms can be moved. If they die you get another one, but those coconut palms cannotbe moved. If you move them they kill them and once you move them they are dead. ON ROLL CALL: Mr. Plummer: What item is this? Mayor Ferre: This is that none of the coconut palm trees, the big palm trees can be moved. You know, the only place left in Florida J. L... Mr. Plummer: I don't have any problems with it. Wait a minute, excuse me. At the present time we are talking with moving some trees around the torch. Does that involve that? Mr. Gilchrist: No, there are a row of royal palms along Biscayne Boulevard which are going to be moved. Mr. Plummer: But he is talking about coconut, not royal palm. Mayor Ferre: I'm not worried about... royal palm trees you can replace. If they die you get another one probably bigger. Mr. Plummer: Ok. All right, I have no problem with it, go ahead. I vote "yes". Mayor Ferre: Coconut palm trees that are absolutely unique. They are the only ones left in Miami. Mr. Gilchrist: We would have to come back to the Commission for that, but the only concern I have is where the pepper fountain is there may be an issue there. Mayor Ferre: You come back. IV gl 162 May 23, 1985 4 Mr. auchrist: That's right. Thank you: The following resolution was introduced by Commissioner Porte# who moved its adoption: RESOLUTION NO. 85-563 A RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION THAT DURING THE CONSTRUCTION OF THE BAYFRONT PARK REDEVELOPMENT PROJECT NO TRANSPLANT OF ADULT COCONUT PALM TREES 20' OR OVER IN HEIGHT TAKE PLACE UNLESS SUCH PROPOSED TRANSPLANT ACTIVITY BE PRESENTED FOR REVIEW AND SPECIAL CONSIDERATION BY THE CITY COMMISSION. Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mr. Plummer: Mr. Gilchrist, before you run off sir. Commissioner Carollo asked you a question at the last meeting that we didn't get an answer to and I have been asked this by a number of people as well as others. I want you to come back at the next Commission meeting and tell this Commission meeting in the Noguchi Plan where is the War Memorial going and where are all of the rest of these memorials are going and where they are going to be placed. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Gilchrist: Yes, sir. We can do that. Mr. Plummer: All right, sir. Mr. Gilchrist: We are prepared to do that Commissioner. 60. CONTINUE CONSIDERATION OF PENDING APPOINTMENT OF A KEMBER TO THE CITY OF MIAMI ZONING BOARD - REQUEST APPROPRIATE CITY DEPARTMENT TO ADVERTISE. Mayor Ferre: All right, now we are on Item #35. Carollo, it's your appointment to the Zoning Board. Are you prepared. Mr. Carollo: Well, I don't know any of the applicants here. Mayor Ferre: Renaldo Cruz. Mr. Carollo: Are any applicants here? Mayor Ferre: Applicant for nomination. Mr. Carollo: Cruz I think is not really all that interested. I think he is too busy running Mr. Masvidal's Campaign. At least that's what the pictures show. gl 163 May 23, 1985 0 tCOMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Go ahead. Mr. Carollo: Who is Karen Llorente? Is she here? She lives near me, but I don't know who she is. Randall Wayne Simpson, Peter Williams, Jr. I don't know him. Mayor Ferre: William Stuart Sorg, he goes either way. Right? He goes either to the Planning or to Zoning. Is that right? Ray Cantill.o. That isn't you? Pablo Gomez, but that's for Planning. All right, Commissioner this is the second time we have advertised and this is your game. Mr. Carollo: Mr. Mayor, now we really don't have much of a selection here. I think we are going to have to advertise one more time. Mayor Ferre: The third time. Mr. Carollo: Look at the selection here. We only got two more people than before. I think we are going to have to advertise one more time Mr. Mayor. We just don't have much of a selection at all. Mayor Ferre: Go ahead. Mr. Perez-Lugones: One question Mr. Mayor. Mr. Carollo,... Mr. Carollo: You are not recommending that... Mayor Ferre: It's your recommendation. Mr. Carollo: You are not recommending... Mr. Perez-Lugones: One question are we to throw out those names and seek new ones or do you want to preserve those names. Mr. Plummer: Well, Obviously, if none of those are acceptable what are you going to keep them for? Mr. Perez-Lugones: No, because it is an issue every time we have to go advertising on this. So, do you want to throw away all those names? Mr. Carollo: Well, you can keep those names. Mr. Perez-Lugones: Ok. Fine. Mr. Carollo: Just get some new ones. Mayor Ferre: All right, there is a motion that the Zoning Board names be kept as they are and that we readvertise to see if there is anybody else. And would you please get somebody to apply that would be acceptable to... Is there a second? gl 164 May 23, 1985 e N The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 65-564 A MOTION CONTINUING CONSIDERATION OF PENDING APPOINTMENT OF A MEMBER OF THE CITY OF MIAMI ZONING BOARD; FURTHER DIRECTING THE APPROPRIATE DEPARTMENT TO RE -ADVERTISE FOR SAID VACANCY. Upon being seconded by Commissioner. Plummer, the motion Was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ---------------------------------------------------- -------- 61. CONTINUE CONSIDERATION OF PENDING APPOINTMENT OF A MEMBER TO THE CITY OF MIAMI PLANNING ADVISORY BOARD - DIRECT APPROPRIATE CITY DEPARTMENT TO READVERTISE. ------------------------------------------------------------ Mr. Carollo: We got a new vacancy in the Planning Board there, don't we? Mayor Ferre: Why is that? Mr. Carollo: It says in $9 new vacancy. Mr. Plummer: That's yours. Mayor Ferre: No, it isn't. It's Perez's. Mr. Perez-Lugones: No, that is Commissioner Perez. Mayor Ferre: All right, now we are on Item 36 which happens to be... Mr. Carollo: Wait Commissioner Perez might want to make a nomination. He has got one there on the Planning. Mayor Ferre: No, no, we have already voted on yours and you got yours... Now, we are on Planning which is Item 36. Go ahead Demetrio, it's your appointment. Mr. Perez: Yes, I want to readvertise also. Mayor Ferre: You want to readvertise? Mr. Perez: Yes. Mayor Ferre: All right, there is a motion that we readvertise for the third time. All right, do you want the names thrown out or just left... Mr. Perez: No, to keep the same names. Mayor Ferre: Leave them and then readvertise. Ok, Including William Sorg which William Stuart Sorg will go ti gl 165 May 23, 1985 either way. it's been moved and seconded, call the roll on 36. The following motion was introduced by Commissioner Per a t, who moved i t s adoption: MOTION NO. 85-565 A MOTION CONTINUING CONSIDERATION OF PENDING APPOINTMENT OF A MEMBER OF THE CITY OF MIAMI PLANNING ADVISORY BOARD; FURTHER DIRECTING THE APPROPRIATE DEPARTMENT TO RE -ADVERTISE FOR SAID VACANCY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopl.ed by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. -------------------------------------------------------- 62. APPOINT TWO MEMBERS TO FILL UNEXPIRED TERMS ON THE CIVIL SERVICE BOARD. (Note: Appointment were: Mrs. Ella Hadley and Rosario Kennedy). ------------------------------------------------------------ Mayor Ferre: All right, on Item 37 we have two appointments and it is my understanding that Mrs. Charles Hadley would like to follow the fine tradition established by Muriel Humphrey. Hubert Humphrey's wife and that is to finish the unexpired term of her husband and I would like to recommend that we do that. The term is over in January. Mr. Plummer: Mr. Mayor, I would also for the second vacancy I would like to renominate Rosario Kennedy. Mayor Ferre: She is available now right? Mr. Carollo: I so second. Mayor Ferre: On both of those. Mr. Plummer: Yes. Mayor Ferre: Anybody got any problems. All right, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-566 A RESOLUTION APPOINTING TWO INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI, FLORIDA, TWO SERVE UNEXPIRED TERMS THEREON. (Here folk-ws body of resolution, omitted here and on file in the Office of the City Clerk.) 166 May 23, 1985 A Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following Vote— AYES-. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre HOES.. None. A13SENT: None. ..---------------------------------------------------------- 63. !APPOINT THREE INDIVIDUALS TO SERVE ON CERTIFICATION COMMITTEE TO REVIEW CONSULTANT QUALIFICATIONS TO PROVIDE DESIGN SERVICES FOR THE "BRICKELL PROMENADE" PROJECT. (Note: Appointments were - Jack Luft, David Rbinard, and Juanita Shearer). Mr. Plummer: Let me read this one into the record, Mr. Mayor. (AT THIS POINT COMMISSIONER PLUMMER READS RESOLUTION APPOINTING MEMBERS TO CERTIFICATION COMMITTEE INTO THE RECORD). I so move Mr. Mayor. Mayor Ferre: So, move what. Mr. Plummer: They have added one from the outside sector. Mayor Ferre: All right, is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion as amended? Call the roll. ` The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-567 A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 85-417, ADOPTED APRIL 11, 1985 BY APPOINTING THREE INDIVIDUALS TO SERVE UPON A CERTIFICATION COMMITTEE TO _ REVIEW CONSULTANT QUALIFICATIONS TO PROVIDE DESIGN SERVICES FOR THE BRICKELL PROMENADE PROJECT. Note for the Record: The following individuals were appointed _ to serve on the certification committee in connection with said project: a)Jack Luft, Registered Planner; b)David Rhinard, Traffic Engineer; and c)Juanita Shearer Registered Landscape Architect.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. - Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo 91 167 May 23, 1985 IN A Mayor Maurice A. Ferre Notat None. ABSENT: None. .& ----------------------------------------------------------- 64. CITY MANAGER INFORMS THE COMMISSION OF SETTLEMENT OF THE GATES CASE. - MAYOR CONGRATULATES STAFF ON ACCOMPLISHMENT. Mr. Pereira: I have a couple of items that I would like to inform the board please. Mayor Ferre: Go right ahead. Mr. Pereira: It pleases me to tell you that the Circuit Court Judge today at 4:30 signed the final judgment order in the Gates Case. As you know, this case is nearly ten years old and for the last two years the administration has been involved in intense negotiations to resolve the case. All four employee unions, the Board of Trustees for the Plan and for the System that participated in developing this agreement. A copy of the agreement was sent to every City employee who is a member of the Plan and System and every retiree each was given the opportunity to opt out, by opting out they would not be part of the final settlement Only three persons decided to opt out. The next step in the process will be for the City Commission to approve an ordinance changing the pension system to comply with the final settlement. The final settlement is the same that was presented to you several months ago. This is I need not tell you is a very important occasion to the City . It ends a long difficult, complex, time consuming litigation and additionally to the Gates Case has been an ordered exception of great concern to the bonding rating agencies. Everyone involved in resolving this problem deserves our sincere congratulation and certainly Dean Meilke and... Mayor Ferre: Are you telling us that the vote was favorable? Mr. Pereira: Yes. The vote was favorable and the Judge did in fact sign this afternoon the final order agreed as having being resolved. Mayor Ferre: The Gates Case is over. Congratulations. Mr. Plummer: No, it's just starting now. Now, we got to fund it. Mayor Ferre: What was the vote? Mr. Pereira: Only three persons opted out. And Randy Rosencrantz really worked very diligentl; on this and did most of the negotiations, is available and need that -' recognition together with Dean Meilke. Mayor Ferre: I would like to also make special note of the fact that we have had many, many people laboring on settling this thing, but Randy, I don't know of anybody that's worked harder over more years and that has gotten more common sense and that was able to negotiate this in a very practical pragmatic basis and I think I would really like to on the record commend you for one of the most outstanding jobs I have every seen anybody do in this City. gl 168 May 23, 1985 0 t41- iiYniif�!-.ir--------------r-------------------------------rrrrrr.i.ram' 65. CITY MANAGER INFORMS THE COMMISSION OF IMPROVEMENT OF CITY'S POSITION ON H.U.D.'S PRIORITY FUNDING LIST. Mr. Pereira: Another piece of good news is that as you know H.U.D. rates cities according to all kinds of data. The housing condition so on and so forth in order to... and that gives us points when we apply for H.U.D. grants. The City for years have been 0247 and it is with pleasure that I inform to you that this afternoon with the help of Cramer and Lucas our lobbyists in Washington and the Office of Senator Paul Hawkins, the City of Miami now is $171 which puts us in a much better posture when we go to H.U.D. and apply for... Mayor Ferre: Now, we were 171 and what? Mr. Pereira: We were 247 before. Now we are 171. Mayor Ferre: 247 what? Mr. Pereira: In the list of priority for cities when we apply for UDAGs and those type of grants. So, everybody worked very diligently and we have moved up the ladder. ------------------------------------------------------------ 66. REPORT IN CONNECTION WITH THE CITY'S CABLE FRANCHISE (license fees, access issue; etc). ADMINISTRATION REQUESTED TO SUBMIT FULL REPORT AT THE NEXT CITY COMMISSION MEETING. Mr. Pereira: There is one more item Mr. Mayor, that has to deal with Cable and I will ask because of the complexity... Sue you want to come forward please. We have been in conversations with the County as it relates to the five per cent and two per cent that is charged to the license fee that is charged by the City and the County. As you know the City charges a three per cent and allows the cities to charge two per cent ... and we have worked, we think the Commission is ready, the County Commission is ready to adopt the recommendation and I have asked them that before they did that, to give us the opportunity to present it to you, because we feel we have reached some accord here. Sue, do you want to go through it, because of the complexity of it. Ms. Sue Smoller: Yes, what the County is doing is amending its Cable T.V. ordinance. Now, the County can, by its ordinance, collect 3% of any franchise fee that one of its cities in Dade County is collecting. What they are going to do is change that to 2% in the cities, and 38 in the the Unincorporated areas. They are proposing to treat the City of Miami differently, and that is what we have worked out. Instead of taking 2% which they would be entitled to, under the new Cable Act, they are going to credit - they propose to credit the City of Miami 1%, because the City of Miami does regulation, and no longer do any sort of regulation whatsoever. They would like 1% to be used for educational access. The County is currently funding the School Board inter -connection, so that the educational programs go out County wide. No fees or funds have been paid to the County from the Miami franchise to date. Now, the 5% license fee and the 3% contribution that is in the Miami Cable Ordinance ld 169 May 23, 1985 'gist is designated for access, due to our successful efforts ifs the Cable Act are grandfathered, so the City has both the 5% franchise fee, license fee, and the 3%, but the new legislation, the Federal Cable Act, says that has to be used for access, that 3%. Now, one of the potential possibilities is to fund the County access, educational access project out of that 3%, instead of 1%, leaving the City 5% license fee intact. One of the things we are talking with the County about is how doing this not only satisfies that need, but meets the access needs in the City of Miami ordinances, okay? Mr. Plummer: It has got 5% locked in. Ms. Smoller: The 5% is no longer locked in. There is some threatened litigation and some actual litigation over the usage of that, but in the new Cable Act - no, it is not locked in. It is no longer restricted - the 3% is. Mr. Plummer: How much does the County give of their own franchise fees to this educational account? Ms. Smoller: Last year they funded it $800,000 in their Cable task, project. Mr. Plummer: Is that out of their money funded? Ms. Smoller: That is out of the money that is being collected off of the County wide license fees, but the City of Miami Cablevision had not to this point paid anything to the County - the other companies have. What we are trying to do is something that is cooperative. Mr. Plummer: Go to court. Mr. Pereira: One percent. Mr. Plummer: Go to court. Mr. Pereira: Let's go to a one percent, you know. That is a good deal for us. Mr. Plummer: Not unless I am going to have some say-so over the access. Mr. Pereira: What do you mean? Mr. Plummer: Well, they are going to use that one percent, as I understand it, for education, is that correct? Ms. Smoller: That is true. We would like to ... we are in the process of working out a whole master plan - the City, the County, how the Miami Cable Access Corporation would work into it, and will be reporting back to you very shortly on that. Mr. Plummer: How much of that 3% are presently using for local originating of our own franchise? Ms. Smoller: None. None of the money from the 3% has been used. It is in the special revenue fund. Mr. Plummer: How much money is there? Ms. Smoller: I will tell you in just one instant $1,650,000 with $600,000 in arrears. a id 170 May 23, 1985 r 1 Mr. Plummer: Personally, I don't see why we have to give the County anything. What are they giving us? They are not doing any regulating. Ms. Smoller: No*, and this wouldn't regulation. They are conceding that. Mr. Plummer: That is what their fee is justified on, and they are not doing any regulating. Ms. Smoller: Yes, they are conceding regulations. Mr. Plummer: They are what? Ms. Smoller: They are conceding the regulations, that is why they are ... Mr. Plummer: They have never done. We do our own. Ms. Smoller: That is correct, but there can be ... Mr. Pereira: But we have never contributyerd to them, on that issue. Mr. Plummer: As far as I am concerned, lets test them in court. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Well, may I make a suggestion, because we are going nowhere, that you give us a full report to the next Commission meeting prior to that meeting and we will make a decision at that time. Ms. Smoller: Yes, that is what we would like. Okay, good, that is great. Yes, that is good. Mr. Pereira: That is it. -------------------------------------------------------- 67.A FIRST READING ORDINANCE: PROPOSED CHARTER AMENDMENT NO. 1 — STRONG MAYOR FORM OF GOVERNMENT (Continued Discussion). 67.B FIRST READING ORDINANCE: PROPOSED CHARTER AMENDMENT NO. 2 — PROVIDE FOR THE HOLDING OF PARTISAN ELECTIONS FOR THE OFFICE OF MAYOR IF PROPOSED AMENDMENT NO. 1 BECOMES EFFECTIVE. ------------------------------------------------------------ Mayor Ferre: We are on Agenda Item 22. Mrs. Dougherty: Mr. Mayor, while we are waiting for the copies to be made on the partisan ordinance, I would like - to, for the record, reflect the changes we have made according to your directions today. Number one, in the ordinance that was passed out today, we have changed three things. We have added the election date to be August 13, 1985. We have taken out every reference of Director of Development in Pages 1, 2, 3, 4, 5, 9 ... _ Mayor Ferre: What was the first thing, that you did? I am sorry ... Mrs. Dougherty: We included the date of August 13th for the election. Mayor Ferre: Yes. ld 171 May 23, 1985 1 01 AN ORDINANCE ENTITLED- AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 1", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON AUGUST 13, 1985, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE CREATION OF AN EXECUTIVE MAYOR FORM OF GOVERNMENT FOR THE CITY OF MIA.MI AND DEFINING QUALIFICATIONS, FUNCTIONS AND COMPENSATION OF THE MAYOR, COMMISSION, CHAIRMAN OF THE CORMISSION, DIRECTOR OF ADMJNISTRATION, AND DIRECTOR OF FINANCE & BUDGET AND CITY ATTORNEY, PROVIDING FOR THE TERMIS OF THE OFFICE AND ELECTION DATI,S FOR FIVE COMMISSIONERS AND THE MAYOR, DEFINING THE CLASSIFIED AND UNCLASSIFIED CIVIL SERVICE; SETTING TERMS AND CONDITIONS OF OFFICE FOR THE CITY ATTORNEY AND CITY CLERK; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SUCH CHARTER AMENDMENT TO TAKE EFFECT UPON PASSAGE BY THE ELECTORATE; CONTAINING A REPEALER AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ON ROLL CALL: Mr. Dawkins: I am voting "yes" because I feel that the citizens of Miami have a right to vote it or "no". Mayor Ferre: I vote "yes" and second reading will be on the 13th, is that correct, Lucia? Mrs. Dougherty: Yes, sir. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: It is the 13th of June, and hopefully then, we will move along and have this on the ballot. Do we need to have an ordinance to have an election - on first reading? Mrs. Dougherty: Yes, sir. You will pass that at the next meeting. It will be a resolution. Mayor Ferre: You don't need to do that? It is a resolution. Are there any other legal impediments to preclude us from moving ahead properly? Mrs. Dougherty: No. id 173 May 23, 1985 0 Mayor Ferree This is it. Now, the only thing we are Waiting for is this partisan thing. i Mrs. Dougherty: I am just passing it out to you flow. Mayor Ferre: This is it. Mr. Carollo: We ought to change it a little bit here. Mayor Ferre: All right, we will take a few minutes to read this and then we will come back. So, let's read this carefully and make sure we are doing the right thing. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 7:43 P.M. RECONVENING AT 7:44 P.M. WLTH ALL MEMBERS OF THE - COMMISSION FOUND TO BE PRESENT. Mr. Carollo: ... since we have to do it this way, it is the State law correct, Lucia? We have got to do it in reverse? Mrs. Dougherty: We have to have the primary be ... primary election ... - Mayor Ferre: Must have 51%? Mrs. Dougherty: Yes. In the General Election, the person who has the most votes wins. Mr. Plummer: Then you are talking about possibly three elections? Mrs. Dougherty: Possibly, yes, sir. Mayor Ferre: I don't like that. Mr. Carollo: Well, J. L., you are looking at the possibility of three elections ... Mayor Ferre: That is wrong - four elections! Mr. Carollo: No, not four elections. Mrs. Dougherty: Three. Mr. Carollo: Any which way. This is the Democratic process is what Larry does when he got elected, and ... Mayor Ferre: If you are talking about Joe, the General Election, somebody could run as a..... Mr. Carollo: The General Election, Mr. Mayor, for someone to run as an Independent, they have to get 15% of the signatures. There is always that possibility that someone would accomplish that; therefore, we could have another run up there. Mayor Ferre: Another run Mr. Carollo: At the same time, it will be a ... Mayor Ferre: I will tell you, I would go along with that, provided however, Lucia, that whoever wins must have no less than 45% of the votes. What he is talking about, okay, is a plurality General Election. Mr. Carollo: Yes. Mayor Ferre: So that if there are three people - okay? ... he or she who gets the most is the winner. Now, all I am ld 174 May 23, 1985 I saying is, that is how Chile got Allende, okay? Allende ended up winning with 32% or 30% of the vote, and all l Afn saying is, that is fine. provided however, whoever wins gust have at least 45% of the vote. Mr. Plummer: And if they don't? Mayor Ferre: Then you have to have a runoff with the top two runners, and whoever wins that one wins. Mr. Carollo: The only thing is, J. L., that under the rarest, rarest extreme circumstances, would that happen. Mr. Plummer: I don't disagree with that. Mr. Carollo: I don't forsee that happening, frankly. Mrs. Dougherty: Is that in the second reading? Mr. Plummer: But you would have definitely a minimum Mr. Plummer: A minimum of two elections Mrs. Dougherty: They could put it in on first and take it out. Mr. Carollo: The only question is that if no one receives the majority, in their party's primary, then they would have to run until they dol Its the same process as before, we are just Mayor Ferre: So, how are we going to leave it? Mr. Carollo: Well, as is written here, with the exception if by any change there is an Independent candidate, and we have three candidates running in the general. Mayor Ferre: Or morel Mr. Carollo: And nobody receives at least 45% of the votes, then you would have a runoff between the two top vote getters. Mrs. Dougherty: Mr. Mayor, I will put that in in first reading. We may have to take it out after I research the law in second reading. Mayor Ferre: For the purposes of clarification then, Commissioner Carollo, would you pass that as a motion? Mr. Carollo: Excuse me? Mayor Ferre: On first reading, you pass that as a motion specifically. Mr. Plummer: An amendment to the ordinance. Mayor Ferre: It has to be passed so we have a record on it. Okay, go ahead. Mr. Carollo: Mr. Mayor, the amendment to the ordinance is that in a General Election if we have more than two candidates, in other words the Republican and Democratic nominee, you have Independent candidates running and no one receives at least 45% of the votes, then you would go to a runoff between the two top vote getters. Mayor Ferre: That is fine. Is there a second? ld 175 May 23, 1985 1 = plummers If you want it, i will second it. � right now, call the ussion? All rig t4ayor Ferre: Further disc toll on the amendment. ON MOTION, ON MOTION RECORD: AT THIS POINT AND SECONDED BY �pTg FOR THE CAROLLO DULY MADE BY COMMISSIONER COMMISSION UNANIMOUSLY COMMISSIONER PLUM.MER, THE CITY NTS APPROVED ALL O F THE HEREINABOVE DISCUSSEDCORPORATED WHICH WERE REVIEWED BY CITY ATTORNEY AND HEREINBELOW FIRST READING ORDINANCE' Mayor Ferre: Now we are on the main ordinance. — Mr. Carollo: How did he vote? e on the 's go. Come one on now we the mainr Mayor Ferre: Let ordinance? Is ordinance. Are we ready to 90 there a motion. Mr. Dawkins: So moved. 1 right, Dawkins moved. Is there a second? _ Mayor Ferre: Al 9 1 `_Z AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH THE PROPOSED CHARTER AMENDMENT KNOWN AS "CHARTER AMENDMENT NO. 2", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION ON AUGUST 131 1985, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE HOLDING OF PARTISAN ELECTIONS FOR THE OFFICE OF MAYOR IF THE PROPOSED EXECUTIVE MLAYOR CHARTER AMENDMENT KNOWN AS CHARTER AMENDMENT NO, I, SCHEDULED FOR REFERENDUM ON AUGUST 13, 1985 BECOMES EFFECTIVE, SAID PARTISAN ELECTIONS TO COMIIENCE NOVEMBER 5, 1985; SETTING FORTH PROCEDURES FOR NOMINATION OF CANDIDATES; PROVIDING FOR A FIRST AND SECOND PRIMi7ARY NOMIINATION ELECTIONS; PROVIDING FOR THE NAMES OF QUALIFIED INDEPENDE14T CANDIDATES TO BE PLACED ON THE BALLOT AT THE REGULAR ELECTION REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SUCH CHARTER AMENDMENT TO TAPE EFFECT UPON PASSAGE BY THE ELECTORATE, AND CONTAINING A SEVERAIIILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None. ON ROLL CALL: Mr. Perez: This time that I vote"yes" in the first reading, I would like to have for the second reading the proper course of all the elections that we will have in this procedure and also the possibility to apply this election for the 1987, but anyhow, I vote "yes" on first reading. Mayor Ferre: I vote "no" for reasons stated. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: I now move for reconsideration on the issue of making both the Commission and the Mayor's election partisan this November, and I so move. Mr. Carollo: The Mayor made a motion. Is there a second? Going once. Going twice. It is gone. Mayor Ferre: Okay! Just want to leave that on the record. Is there a motion that we adjourn? Mr. Plummer: Mayor Ferre: adjourned. Always in order! Seconded, and passed unanimously. We stand It 1d 177 May 23, 1985 61, Mrs. Dougherty: ..6 to draft the Charter Amendment Number 1, the Executive Mayor - the Mayor Charter Amendment, the first resolution that we were supposed to pass. Mayor Ferre: What about it? Mrs. Dougherty: To pass a motion to direct the Gity Attorney to draft it. That is just a technicality - Mayor Ferre: All right, there is a motion moved ov dbeyd lumted met and seconded by Carollo that the y to draft a resolution ... Mrs. Dougherty: The Executive Mayor Charter Amendment. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-569 A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN AMENDMENT TO THE CITY CHARTER TO BE KNOWN AS CHARTER AMENDMENT NO. 1 PROVIDING FOI? THE CREATION OF AN EXECUTIVE MAYOR FORM OF GOVERNME14T FOR THE CITY OF MIAMI; DEFINING QUALIFICATIONS, FUNCTIONS AND COMPENSATION OF THE MAYOR, COMMISSION, CHAIRMAN OF THE COM,,,,ISSION, DIRECTOR OF ADMINISTRATION, DIRECTOR OF FINANCE AND BUDGET, DIRECTOR OF DEVELOPMENT AND CITY ATTORNEY; PROVIDING FOR THE TERMS OF OFFICE AND ELECTION DATES FOR FIVE COMMISSIONERS AND THE MAYOR, DEFINING THE CLASSIFIED AND UNCLASSIFIED CIVIL SERVICE; AND SETTING TERMS AND CONDITIONS OF OFFICE FOR THE CITY ATTORNEY AND CITY CLERK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) oner Carollo, Uponwasngoddby ad pted by the l following vote - resolution passed a AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. D etrio Perez, Jr. Vice -Mayor em Mayor Maurice A. Ferre the Id 178 May 23, 19bt, 1 eo"N I T, C-3F T AAMl EVAL ITEM NO DR0tMCIT IDNTIFICATION COACTI I0P�AND CODE ACTION CODE NO. CONDENM TE'PRORIST ACT PERPETRATED BY 1.RENTF. 95-525 FARABUNDO MARTI AGAINST MAYORS AND LOCAL GOVERNMENT OFFICIALS IN SAN SALVADOR. AUTHORIZE /APPROVE SETTLEMENT: LAW FIRM 85-526 OF SHUTTS AND BOWEN, ($700,000); LAW FIRM OF SCHISTER AND SACHS, GAYLORD, MUIR, MOORE, BRIGHAM, ($600,000); AND FLORIDA EAST COAST RAILWAY COMPANY, ($282,000). AUTHORIZE CITY MANAGER TO EXECUTE A GRANT 85-529 AGREEMENT WITH UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REDEVE- LOPMENT OF BAYFRONT PARK ($6,012,854.). ATUHORIZE EXPENDITURE ($8,000) TO REPAIR 85-530 PAVING IN THE MARINE STADIUM BOAT PIT AREA LOCATED INSIDE PROPERTY LEASED TO MARINE STADIUM ENTERPRISES, INC., ETC.... SUPPORT PASSAGE OF PROPOSED STATE SENATE 85-532 BILL 92 CONCERNING THE REQUIREMENT FOR A DEPOSIT ON BEVERAGE CONTAINERS/BOTTLES TO ASSIST CITY IN MAINTAINING CLEANER ENVIRONMENT. EXPRESS SUPPORT OF PRESIDENT REAGAN'S DECI- 85-533 SION TO BEGIN RADIO MARTI'S TRANSMISSION TO GIVE CUBAN PEOPLE AN UNDERSTANDING OF WHAT IN HAPPENING IN THE WORLD FREE OF TOTALITARIAN COMMUNIST RULE. AMEND RESOLUTION NO. 84-632 WHICH ALLOCATE 85-534 $75,000 TO THE III INTER AMERICAN CONGRESS OF MUNICIPALITIES AND CHANGE THE DATE THAT WHICH EVENT WILL BE HELD (APRIL 17-20, 1985). SUPPORT THE EFFORTS OF CITY ADMINISTRATION 1 85-537 INITIATED BY COMMISSIONER MILLER J. DAWKINS TO SEEK THE ESTABLISHMENT OF FEDERALLY - SPONSORED "CARIBBEAN TRADE INSTITUTE/ INTER- NATIONAL TRADE CENTER" IN CITY OF MIAMI. FIT T. ,�v�. *{ k� ,� eS�au F r 3)N%'L - h1 Dr-NTIF'ICATION REQUEST AMENDMENTS TO THE NEW "BILLBOARD ORDINANCE" (9993) WHICH FOLLOW INTENTIONS/ - CONSIDERATIONS: (A) NUMBER OF NEW SUCH SIGN STRUCTURES SHALL BE LIMITED TO 10; (B) SHALL BE TO PERMIT REVOCATION IF LANDS- CAPING PLANS ARE NOT FOLLOWED OR SITE IS NOT PROPERLY MAINTAINED; (C) DESIGNATION OF AREA FOR NEW SIGN STRUCTURE ERECTION FROM EXPRESSWAY RIGHTS -OF -WAY SHALL BE REDUCED TO 200 FEET; (D) NO NEW SUCH SIGN - STRUCTURE SHALL BE LOCATED EAST OF INTER- STATE HIGHWAY I-95. APPROVE THE INSTALLATION OF DRIVE-IN FACILI- TIES AT FLORIDA NATIONAL BANK (2500 S.W. 37TH AVENUE, MIAMI, FLORIDA.). ACCEPT PLAT: PAPANICOLAOU TRACT N.W. 14 ST AND N.W. 12 AVENUE. ESTABLISH JULY 25, 1985 AS DATE FOR PUBLIC HEARING FOR BRICKELL SQUARE PROJECT, PHASES II AND III. ESTABLISH JULY 25, 1985 AS THE DATE FOR PUBLIC HEARING FOR THE 1111 BRICKELL PROJECT, LOCATED AT 1111 BRICKELL AVENUE, ETC.... CLOSE/VACATE/ABANDON/DISCONTINUE USE OF PORTION OF MIAMARINA PARKWAY DRIVE AT BAY - FRONT PARK (SOUTH OF PORT BOULEVARD AND EAST OF BISCAYNE BOULEVARD) ALL AS A CONDI- TION OF APPROVAL TENTATIVE PLAT #1167- B "BAYFRONT PARK". EXPRESS THE INTENT OF CITY COMMISSION THAT MIAMARINA PARKWAY DRIVE AT BAYFRONT PARK (SOUTH OF PORT BOULEVARD AND EAST OF BIS- CAYNE BOULEVARD) REMAIN AVAILABLE AS ACCESS TO MIAMARINA UNTIL CONSTRUCTION AT BAYSIDE REQUIRES CLOSURE OF ENTIRE SITE. AFFIRM THE DECISION OF ZONING BOARD TO DENY SPECIAL EXCEPTION PERMIT FOR THE ESTABLISH- MENT OF COMMUNITY -BASED RESIDENCIAL FACILI- TY AT 1350 S.W. 23 ST. t L 85-540 85-546 85-551 85-552 w-;�$1ON DD:L0C- 1 Mr-Nmri ATioN AUTHORIZE CITY MANAGER/CITY ATTORNEY TO AMEND CONTRACT WITH MIAMI-DADE TOURIST AUTHORITY, INC. (MDTA) INCREASING THE CON- TRACT TO $78,500 AND CHANGING THE NAME FROM MIAMI-DADE TRADE AND TOURISM COMMISSION, INC. (MDTTC). AUTHORIZE CITY MANAGER/CITY ATTORNEY TO EXECUTE AN AGREEMENT WITH MIAMI-DADE TRADE AND TOURISM COMMISSION ($17,500) TO ASSIST CITY OF MIAMI TO IDENTIFY PROSPECTIVE BLACK CONVENTIONS AND TO PROMOTE THE CITY AS A POTENTIAL CONVENTION SITE. INSTRUCT CITY ATTORNEY TO DRAFT AN AMEND- MENT TO CITY CHARTER KNOWN AS "CHARTER AMENDMENT NO 2" TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION. APPROVE FIRMS TO PROVIDE SERVICES FOR MODI- FICATION/EXPANSION OF THE FIRE GARAGE AND FIRE STATION #3, ETC...... ALLOCATE $40,000 IN SUPPORT OF THE NEW WORLD CENTER FOUNDATION IN CONJUCTION WITH METROPOLITAN DADE COUNTY ($40,000), PRIVATE SECTOR ($40,000), AND IN -KIND SERVICES ($30,000) OF STAFFS OF DOWNTOWN DEVELOPMENT AUTHORITY/COUNCIL OF ARTS/SCIENCES TO PAR- TIALLY FINANCE PHASE II OF THE PERFORMING ARTS FACILITIES STUDY FOR GREATER MIAMI. ACCEPT BID: P.N.M. CORPORATION "BAYFRONT PARK REDEVELOPMENT PHASE I ($750,038.). DECLARE NO TRANSPLANT ADULT PALM TREE 20' OR OVER DURING THE CONSTRUCTION OF BAYFRONT PARK REDEVELOPMENT PROJECT UNLESS THE PRO- POSED ACTIVITY BE PRESENTED FOR REVIEW AND SPECIAL CONSIDERATION BY CITY COMMISSION. APPOINT: MRS. ELLA HADLEY, AND ROSARIO A. KENNEDY AS MAMBERS OF THE CIVIL SERVICE BOARD OF CITY OF MIAMI (UNEXPIRED TERM THEREON). INSTRUCT CITY ATTORNEY TO DRAFT AN AMEND- MENT TO CITY CHARTER TO BE KNOWN AS CHARTER AMENDMENT NO. 1 FOR THE CREATION OF AN EXECUTIVE MAYOR FORM OF GOVERNMENT FOR THE CITY OF MIAMI; ETC.... LliK J LVAI nor Wn_ 85-553 85-559 85-560 85-566 85-559