Loading...
HomeMy WebLinkAboutCC 1982-06-24 Minutes3��w r; t ,,� � t d J � YTTM to ,tc �u l� n'� i`ti 5!"�w2tk pa jT (t�W Ata »`41, ps MW p Sfi'a A j;dt.} r 7t t t FzF' 1, Y, ND, INV CITY W I flli, ,&DA m-P & Z - 35; 24, 7, 982 &,1$"IECT 1 SECOND READING ORDINANCE: CHANGE ZONING CLAFSIFICAT ON 181-189 SE 14 LANE .IND 180-189 SE 14 TERRACI FROM R-5 TO R-CB. 2 BRIEF DISCUSSION AN:) DEFERRAL: MIAMI HERALD (RESOLUTIONS 112-460 AND 82-461). 3 SECOND READINi: ORDINANCE: CHANGE ZONING OF nREA BOUI)E NW 8TH THRU Io AVENUES AND NW 17 ST. AND WEtiT DUNBA SCHOOL SITE F%OM R-4 AND C-1 TO GU. 4 VACATION AND ;LOSUFE OF NW 19 AVENUE BETWEEN NW 17 ST. AND APPRO:. NW 20 S1. AND NW 17 & 18 STS. BET. NW 9 & 10 AVES. TEI�TATIN E PLAT #1103 "RIGHLAND PARK DRIVE SECTION ONE" 5 SECOND READING ORDINANC':: CHANGE ZONING CLASSIFICA71OA 6202-6398 BISCAYNE BOUL VARD FROM R-C TO C-l. — 6 SECOND READING ORDINANC:: APPLY SPD-3 BISCAYNE BOULEVARD NORT.I SPECIAL OVERLAY D?;LRICT — TO PROPERTY LOCATED 6202-6398 BISCAYNE BOUIiJARD. 7 FIRST READING ORDINANCI: APPLICATION OF HE] TAGE CONSERVATION INTERIM ZONING DISTRICT TO PR(+IERTY LOCATED AT 3033 GRAND /VENUE 8 FIRST READING ORDINANCE: AMEND ORDINANCE 6,) 1 ART. XXV BASE BUILDING '.,INES RELOCATE BASE i UILDII ; LINE S. SIDE SW 1 ST. F ,,T. SW 1 AVE. & SW I CT. E': :. — 9 FIRST READING ORDINANCI : CHANGE ZONING CLAS`:IFICA7 ION 271 NW 29 ST. FROM R-4 TO C-5. 10 GRANT ONE YEAR EXTENSI(N OF VARIANCE: GROVE PARK CORPORATION-3586 PALME'TO AVENUE. 11 APPROVE CONSTRUCTION A''D OPERATION OF GOVERNMENT USE OF DOWNTOWN GOVERNMENT CENTER PARKING FACILITY- 250-298 NW 2 ST. 12 APPROVE AMENDMENT FOR tPPROVAL OF CONSTRICTION AND OPERATION OF A CENTRAI. UTILITY PLANT AND PACKING GARAGE-298 NW 2 AVE. 13 BRIEF DISCUSSION AND it :FERRAL: NEI' COMPRI:HENSIVE ZONING ORDINACP:. 14 RESCIND RESOLUTION 81-483 WHICH G1:ANTED ALLEY CLOSURE; WEST OF VIRGINIA ST, BET, OAK AVE & GRAND AVE, PLAT 1098-A PODSAID, 15 DISCUSSION ITEM: SELECTION COMKIT-EE FOR CITY ATTORNE) INSTRUCT PREPARATION OF CERTIFICAT9S OF APTRECIK'ON, 16 DISCUSSION ITEM; ESTALLISH JULY 2 - 6 PM, MCIAl MEETING ON PROPOSED PIA.RTER CHANG ;S. w PAGE # 1 PAGE N06 eutrtoly ,►, CLUTIO � ORD. 9153 1-3 DISCUSSION 3 ORD. 9�54 4-5 R -82- 570 5-6 ORD. '1455 6-7 ORD. )456 7-8 FIRST READING 1 8-9 FIRS' READING FIRS' READING R-82 -571 R-82-572 R-82- 573 DISCIJSSIOIA R-82 -574 DISCISSIO1 DISCUSSION 1 19- 1 20 1 21 21 '4 18 19 20 21 22 — . 23 24 25 26 27" 28 29 30 31 ii 14 35 &IDA REGULAR-P & 2:6/: 4/82 ScT PAGE # 2 r �ounioN° o, �A.E NO, DISCUSSION ITEM: ESTABLISH JULY 2 AS DATE OF SELECTION OF NEW CITY ATTORNEY, DISCUSSION 24-25 REVIEW CONDITIONAL USE GRANTED BY : )NING BOARD - DRIVE IN TELLER FACILITY AT 2800 SI•*8 ST. CAPITAL BANK. R-82-575 25-26 MOTION CONTINUING AGENDA ITEMS 23, 24 AND 25. M-82-576 26-28 DISCUSSION ITEM: SOLID WASTE DEPAR MENT. DISCUSSION 28-29 CONGRATULATING GUSTAVO GODOY UPON EING NAMED EXECUTIVE NEW MANAGER FOR THE SPAT SH INTERNATIONAL NETWORK. R-82-577 9 — EXTEND WELCOM. TO SPANISH INTERNA7 ONAL NETWORK FOR ITS DECISION '0 RELOCATE ITS NEWS EADQUARTERS T( MIAMI. R-82-578 i0 SALUTE TO AMF,:ICA FESTIVAL, GRANT UNDING, CLOSURE OF STREETS -POLICE ASSISTANCE.etc. M-82-579 ".0-32 APPROVE IN PRINCIPLE: T'ACE REQUES' FOR FUNDS "BIG ORANGE FESTIVAL" SUBJECT TO ADMIN ;TRATIVE REVIEW. M-82-580 :,2-34 GRANT REQUEST FOR REDUCED RENT: F' )RIDA STATE: — COYMISSION ON RISPANIC AFFAIR/LIT' H HAVANA COMMUNITY. M-82-581 34-35 CENTER. CONTINUED DIF;,USSION/St LID WASTE APARTMENT. DISCUSSION 35 GRANT REQUEST: HISPANIC HERITAGE ESTIVAL WECK FOR FUNDING HISPANIC SONG FESTIVA (OTI'FEST.VAL) M-82-582 36-37 DEFER CONSIDIRATION OF FIRST REA1, NG ORDINANCE: A.C. INVESTMENTS. CHANGE OF ZONIT AT 3200 N.MIAM. AVENUE. CITY COMMISSIOV TO INSPEC M-82-583 38-40 CONTINUED DISCUSSION: HERITAGE CONSERVATION )ISTR CT -3033 GRAND AVENUE (SEE LABEL 7). DISCUSSION 40-41 DEFER ACTION ON APPEAL FOR PIPERI;AME AND CA'.dVAS CARPORT AND DIRECT PLANNING AND 1.3GAL DEPARTMENTS TO DRAFT A NEW ORDINANCE PERMITT]JG SAME. M-82-584 41-46 DISCUSSION ITEM: EIGHT FOOT SOLII WALLS-REQ JESTING PLANNING DEPT. STUDY .,AW FOR POS ISLE CHANG.S. DISCUSSION 46-47 REVIEW CONDITIONAL USK: DRIVE Ih TELLER FACILITY. 1200 .ARICKELL AVENUE (PAN AMERI(tN BANK). R-82-585 47-4E CONTINUED DISCUSSION: CONDITION/ . USE REVIE4- 2800SW 8 ST, DISCUSSION 49 GRANT APPLICATION BY METRO; VACt°E AND CLOSE TWO PUBLIC ALLEYS, BLOCK BOUNDED BY iW W & 21 STS. AND NW 12 AND 13 AVENUES, R-82-586 50 GRANT APPLICATION BY METRO; VAC. TE AND CLOSE SW 32 RD, BETWEEN SW 1 AVE, AND METRORAIL (VIZCAXA STATION) R-82R587 5� • • +�1 i ND 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 „ 53 54 '1m CIlY"W".'j'-j1551Off 1ANf1, 6RIDA ACCEPT PLAT: CHULAVISTA CENTER. ACCEPT PLAT: DOSE MAitTI PARK SUB. ACCEPT PLAT: IRIS SUB. AUTHORIZE LEASE AGREEMENT: H.ERNST.�DT BROADCASTING CORPORATION"14KAT" VIRGINIA KEY PROPERTY E) 3RGENCY ORDINANCE: CHANGE NAME IF FIRE DEPARTMENT TO: "FIRE, RESCUE AND INSPECTION SERVICE DEPARTMENT". FIRST AND SECOND READI,IG ORDINANC.: NEW TRUST AND AGENCY FUND: "MIAMI CA 3LE COMMUNI :ATIONS AGENCY". APPOINT CERTAIN INDIVIDUALS TO: BIARD OF DIRECTORS OF THE MIAMI CABLE ACCESS CORPORATIOd. SET FORTH INTENT TO Ah,)PT ORDINAT::ES MAKING IT UNLAWFUL TO MAKE USE (F CABLE T J . TO BRONDCAST OBSCENE MATERIAL. CALLING AND PROVIDING FOR: SPECIA, MUNICIPAL ELECTION SEPTEMBER 7, 1982. CABLE T.V. OBE ENE MATERIAL. AMENDMENT TO AGREEMENT: MIAMI CAI ITAL DEVELOPMENT INC EXECUTE PROFESSIONAL SERVICES AG?EEMENT: MIAMI CAPITAL DEVELOPMENT INC. TO FACI ITATE BUSINESS DEVELOPMENT IN THE CITY OF MIAMI AUTHORIZE INDIVIDUAL CONTRACTURAI. AGREEMENTS WITH 9 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGALIZATIONS. SETTING FORTH CHARTER AMENDMENT lit TO PROVIDE YEW AND COMPREHENSIVE PROCUREMENT PROCEDURES FOR THE CITY OF MIAMI.(SPECIAL ELECTION SCHEDULED FOR SEPT. 7, 1982). RESOLUTION CALLING SPECIAL MUNICIPAL ELLCTION: SEPTEMBER 7, 1982. CHARTER AMENDMENT: C3TY COMPREHENSIVE PROCUREMENTE PROCEDURE APPROPRIATE $25,300. FOR SUMMER CONCERTS IN BLACK AND LATIN COMMUNITIES CITY OF MIAMI RECREATION — DEPARTMENT. DISCUSSION ITEM: URGE METRO COMMISSION TO FOLLOW THE REDOMMENDA7IONS OF THE T.D.C. AP"EALS COMMITTEE. AUTHORIZE INCREASE AND EQUALIZAT ON OF CONTRIBUTIONS TO GROUP BENEFITS SELF INSURANCE FUND FOR ACTIVE AND RETIRED CITY El:PLOYEE.. EXECUTE CONVRACT; MAI TIN LUTHER :ING ECONOMIC DEVELOPMENT CORPORATION ACQUISIT.ON OF LINCOLN SQUARE OFFICE SITE. PETITION F,C.C, FOR. INCREASED PF =NTACE ON CA,LE T.V LICENSE$ ETC, PAGE li 3 r ni sou�r101 PACE NO R-82-58t R=82-58' R-82-59 M-82-59 ORD. 94 7 ORD. 9458 R-82-592 R- 82-59 + I R• 82-594 R--82-595 R--82-596 R -82-5 9 7 CRD. 9459 R-82-548 R-82-599 DISCUSSION I-82-600 I-$2-601 DISCUSSION 51-52 52 53 53-55 56-62 62-64 64-66 66-68 68-69 69-7( 70-71 71-7- 72-7.: 74 74- 75 76 7E -79 74 —80 8(-81 MINUTES OF VtCV u MEETING F TH? CITY COMMISSION (F MIAMI, F ORID. On the 24-:h day of June, 1982 the City Commi.:sion of Miar 1, Florida, met a-_ its regular meeting place in the Ci y Hall, 350( pan American Drive, Miami, rlorida in siecial session. The meeting was called to orde at 8:42 A.M., by Mayor Maurice Ferre with the following members of the C-mmission found to be present commissioner Demetrio Perez, Jr. Commissioner Miller 1. Dawkins Mayor Maurice A. Ferre ALSO PRESENT VERE: Howard V. Gary, Cit! Manager George F. Knox, Cit: Attorney Matty Hirai, Acting City Clerk An invocation was delivered b} Mayor Ferre, who then led t ose present in a pledge of allegiance to the flag. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir Mr. Gary: 3ased on tht. legal intecpreta--.ion given by the City Attorney.... Mayor Ferre: Yes, sir. Mr. Gary: ....any item beginning at 9:OU on down, I woull sug est that we take up with the caveat that if arybody wants to .ome later to discuss it, they can. Mayor Ferre: All right, sir. Think you. We've done that ab(it twenty times, and that's what I was look ng for, Mr. City Attorney f- )m you, since you know that we have a record of doing this, you know, once . month. But I needed for you to say that on t1te record. That we can do i this way. Mr. Robert Clark; Yotj can do it, subject to that condition. Mayor Ferre: All right, sir. Thit's fine. Let's get going. We're on item number 1, ordinance on seconi reading, application by In eramerican Brickell Associates to change the zoning of approximately 181 189 S.E. 24th Lane. This was gassed on first reading, moved by Plumme and seconded by Dawkins. Is there anybody here who wishes to speak on tha issue as an opponent or as a proponent, All right, sir, you are the pros: -neat. Let's hear what yc a have to say. Mr. Robert It. Traur g: Mr. Mayo) , for :he record, my name i; Robert H. Trauirig, I iim a proponent repres+ nting the applicant, Interar :rican, The property which is reflected on y(ur screen in yellow is the f jbject propert you will note that it is at the vud of two streets, 14th Teraace and 14th Lane; really constitutes just a ery opal.! potion of that tttal block, he What we are asking is that the ;-uing for tentire block b, consistent, Everything -lse is the block is zoned R-CB, This vary am -all )arcel ir. zoned it-5, The Pl$nniug Aepartm'nt has rec)=euded approval The zoning sl 01 0 11 Mr. Traurig (CON' T) : .... Eoard has recor_ttmended ai croval. And we a ;k tha L You join theta in approving this of dinance change. Mayor Fertet Is there any reason..: Any opponent:? Or aryb ody elsa wish to address this issue? With the caveat, Counselo , that if at 9:o0 oleio-,k anybody comes that wished to speak on this, that •e will reopen ttis up for discussion. Other than that, I thinl. that we are ready to vott on it. This matter has been voted on first read.:..ng on Ma 27th. ---- ----_ _----------_•---- --�-- -- -_- NOTE FOR THE RECORD: Commissioner Carol to enterer the meeting at i:47 A 14. �YIr -------------------- ------------ .L---------�_­---------.. ------ Mayor.Ferret Is there a motion on item L? Mr. Carollo: So move. Mayor Ferre: It's been moved by Carollo. Mr. Dawkins: Second. Mayor Ferre: Second by Dawkins. Further discussion on item I? Rcad th, ordinance. All right, further di!;cussiot-.? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AM1-NDED, THE COMPREHENSIVE ZONING ORDINANCE FOR ['HE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFI(iTION OF LOTS 19 THRU 23, BLOCK 1, POLNTVIEW AMENDED (2-93), BEING APPROXIMATELY 181-189 SOUTHEAST 14TH IJIE IN APPROX- IMATELY 180-190 SOUTHEAST 14TH TERRACE, FROM R-5 ("HIGH DENSITY MULTIPLE) TO R-CB (RESID14TIAL OF"ICE), AND BY MAKING THE NECESSARY CHANGES IN CHE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLi 3, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, ODE SECTIONS, O( PARTS THEREOF 1N CONFLICT, AND CONT,;NING A iEVERA- BiLITY CLAUSE. Passed on it; first reading by title at the meeting )f 27th c-f May, 1�12, it was take, up fir its second and final reading by title and adoption. On motion o ' CommAssioner Carollo, seconded by C mmission!r Dawkirs, the of 'inane. was thereup)n givin its second and final reading by title and pas:,ed and adopted by -he following vote: AYES: Commissioner Demetrio Perez, .r. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9453 The Ci y Attorney read the ordinance into tie public record and imnounced that copies were avail.ible to thy• memt •rs of the City Commissiot and to thv public. Mr. Traurig: Mr. Mayor, may I comment on the ac.ion you took? I just would like you to know that on first reading, Jiiet Cooper was disturbed that she was not present when it was heard If you remember she wanted it to be heard at 5:00 o'clock and It was ),card earlier. I have to go to the County Commission Meeting right now. 4- ehf comes and wants to be heard on this, could we set it back further in tie agenda? I will return here as .goon as I can complete down there, sl 02 1 U N 2 ! 1912 Mayot Ferre: I have no problems letting you ha-,e another say on it, on the other hand, Counselor, I would have to have the satne courtesy with her that I've had with you, and let her speak on the record, if bile witches at MO o'clock. Mr. Traurig: Of course, Thank you, 2 A$RIEF DISCUSSION AVD DEFERRAL: MIAMI Htp,%LD .. .(RESOLLTIO14S 82-460 AND 02-461) Mr.Darrey Davis: Mr. Mayor, wouli you permit me to request a deferral? Mayor Ferre: Yes, sir, Mr. Davis, your name and address for the record, si Mr. Davis: Darrey A. Davis, Steel, Hector, 6 Davis, Southeast Bank Buildin;, Kiami, Florida. I am referring to item 26, which is designated as a discussion on the Miami Herald resolutions. That is prematurely put on the agenda. And we are in discuEsions and consultations witl Planning, Public Works, and the Department of Transportation on the connector betweer Bicentennial Park and the Public Walkwa?. Mayor Ferre: Thank you, Mr. Dav s. As a matter of fact, I don't think we have to vote on this because ill it is listed as is a discussion item. Mr. Davis: We are asking for a eferral. Mayor Ferre: So, Mr. Manager, i ' you'll just say that we're gong to defe7 this item. Mr. Gary: We'll withdraw it. Mayor Ferre: O.K.? Mr. Davis: We'd like to ask thit it be deterred to the next Zoning meetin;. Mayor Ferre: It will, sir, thank you. Mr. Davis: What would that datf: be? July 29th, thank you very much. j V N u. 3 SECOND RtADIIIG ORDVANC1 : ( A14GC ZONING of AnrA BoVNDED t'1fw, M TVPW lb AVtRUES API) N.*.'. 17 ST. AND VEST DUttBA!' SCLOot, SITE FROM 9=4 AND C=l TO G11, Mayor Ferret We're now on item number 2, which is an ordinance, second reading, by Jackson Memorial Hospital to change zoning from R=4 and C-1 to GU.. This was moved previously by Plummer, seconded by Dawkins. This is a companion item to number 3. Are there any opponents to this here? Is there any discussion? Are the representatives present' Mr. Richard Whipple: Some of them are, Mr. Mayoi, yes. Mayor Ferret All right, are there any opponents or anybody who wishes to discuss iten number 2 on second reading? If not, is there• a motion? Mr. Carollo: So move. Mayor Ferre: Moved by Commissioner Carollo. Is there a �.econd? Mr. Dawkins: Second. Mayor Ferre: Seconded by Commis: Loner Fawki.ns. Further discussion? Reid the ordinanc Gall the roll. Mr. Perez: Ar. Mayor, could I aFk him a question? Mayer Ferre Hold on, yes. Mr. Perez: Why was there such a delay in bringi;.g this item for a second reading? I think that it was aPiroved on first reading en November, 1981. Mayor Ferre The question is why, if it was approved on first reading on November 19th, did you take such a long time? Mr. Whipple: The deferral was that there was a law suit going on with respect to the acquisition of the last Piece of property. That has since been resolved. The occupant of that property did pass away. The attorney-, and I believe the Law Department was involved, all has been satisfied in accordance. Mayor Ferre: Let me refresh your memory. You uty rememrer that Senator Lee Weisenborn represented an elderly lady, who was very ill and she wanted to die in the property she had been born and lived in all her life. Senator Weisenborn pleaded with us not to press this isFue. The lady, as I under- stand, has wince died; and the Jackson Memorial Hospital has since concluded the purchas of property, and the matter is concluded. Is that correct? Mr. Whipple Yes, sir. Mayor Ferre I don't think that it's ?.eld back the construction plans in any way thi . I recall. All right, we're on a vote now. Call the roll. sI 94 - - _ J �' 9� A14 OPJ)INANCE MTI `t.W- All ORDINANCE AMENDIN�; ORDINANCE NO, 6871, THE CWTREHENSIVt ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGIN+40 THE ZONING CLASSIFICATION OF THE AREA GENERAU*BOUNDED BY APPROXIMATELY N. W. 1OTH AVENUE, N.W. 17V STREET, N. V. 9TH AVENM, N. W. 18TH STREET, N. V. 8TH AVENUE AND THE WEST DUNBAR SCHOOL SITE (75-87), BEING TENTATIVE PLAT #1103 - "HIGHLAND PARK DRIVE SECTION ONE", FROM R •4 (MEDIUM, DENSITY MULTIPLr ) AND C-1 (LOCAL COIF tCIAL) to GU (GO ERN'11IMNUAL USE) , AS PER ATTACHE) MAP, AND BY MAKING ALL _ THE NECESSARY CHANGE; IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRI:'TION IN ARTICLE III, SECTION 2, THEREOF; .�Y REPEALING ALL ORDINANCE:, CODE SECTIONS, OR PATS THEREOF IN CONFLICT; K;D CONTAINING A SEVERAB LITY CLAUSE. Passed on its first reading ,y title at the meeting of November 19tr::, 1982, it was taken up fer its second an! final reading by title and adoption. On motion of Co.�.issioner Carollo seconded by Commissioner Dawkins, the ordinance was thereupon given its second an final reading by title and passed and adopted by the following vote: AYES: CoW:...issi3aer Demetrio P rez, Jr. Co—r,issioner 'filler J. awkins Vi, e Ma) or Joe Carollo Mfa• or M.-trice A. Ferre %OES : Nor e . ABSENT: Cor .issioner J.L. Plum-- :r, Jr. SAID ORDIvQLNCE WAS DESIGNATED ORD VYCE NO. 9454 The City Attorney read the o dinance into the public record ;nd announced that copies were avails>le to the members of the City Commiss.on and to the public. 4 — VACATION LT. b C:,oSE OF 11W 19 AVENVM BETWEEN MIS' 17 STP:E7 VND APPROX. NW 23 SM. ZT 6 1%- ' 1 b 13 STS . BE%'EE`: KV 9 S 10 Ali S . TE%"rATIVE PLAT #1103 "HIGH N'D PARR DRIVE SECTION ONE" Mayor Ferre: Iter 3 is a resolution, which is a related item. It there a motion ou that? Mr. Carollo: Move. '.ayor Ferre: Moved by Carollo. :s there a se-zond? Mr. Perez: Seconc. Mayor Ferre: Secoad by Perez, if there anyt-dy here who wishes *o address the Commission on item 3? Call the r<11, C s� 0 %4UN2419ftuft C r The fol owing resolution was introduced by Commissioner caroll.o, who moved it. adoption: RE:3LUTIOb No. 82-570 A RESOLUTION CLOSING, VICATING, ABANDONING AND DISCONTINUING THE PUBLIC USE 01: (a) N.W. LOTH AVENUE BETWEEN THE SOUTi RIGHT-OF-WAY LINE OF N.W. 17TH STREET TO A POINT 4808' NORTH OF SAID RIGHT OF -WAY LINE; (b) N.W. 17-TH STREET BETWEEN THE WEST RIGHT=OF-WAY LINE cF N.W. 9TH AVENUE AND THE EAST RIGHT-OF-WAY LINE OF N.W. LOTH AVENUE; (c) N.W. 18TH STREET BETWEEN THE WLST RIGHT-OF-WAY LINE OF N.W. 9TH AVENUE AND THE EAST RIGHT -OF WAY LINE OF N.W. LOTH AVENUE, ALL THE ABOVE AS A CONDITION FOR APPROVAL OF TENTATIVE PLAT #1103 - "HIGHLAND PARK DRIVE SECTION ONE" (Here follows body of resolution, omitted herein and on file in the Office of the C:ty Clerk). Upon being seconded by Commissioner Perez, the resolution w,s 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. 5 - SECOND RLADING ORDINANCE: CP.AIME ZONING CLASSIFICATION 6202-6398 BISCAYNE BOULEVARD FROM R-C TO C-1. Mayor Ferre: We're now on item number 4 which is an ordinance on second reading. This is a Planning Department application for change of zoning. The item was passed on first reading on May 27th. It was moved by Carollo and seconded by Plummer. Is there a motion? Mr. Dawkins: So move. Mr. Carollo: Second. Mayor Ferre: It was moved by Dawkins, second by Carollo. Is there any further discussion on item 4? Is there anybody here who wishes to speak on item 4: All right, read the ordinance. Further discussion on item number 4? Call the roll. .96 AN ORDINANCE ENIITLtaD- AN ORDINANCE AMENDING ORDINANCZ NO, 68711 AS AMENDED, THE COMPAtHENSIVE ZONING - ORDINANCE FOR THE CITY OF MIAM1v EY CHANGING THE ZONING CLASSIFICATION OF LOTS 11 THROUGH 15, NOIRTHGA''E BLOCK 9 RESUB (9-157) AND THE EAST 40' OF LOT 1.1, AND ALL OF LOTS 12 THROUGH 15, BLOCK 10, NORTHGATE (8-88), BEING APPROXIMATELY 6202-6398 BISCAYNE BOULEVARD, FROM R-C (RESIDENTIAL OFFICE) TO 1�-1 (LOCAL, COM- MERCIAL), AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRIC2 MAP MADE A PART OF SAID ORDINANCE NO.. 68-1, BY REFE- RENCE AND DESCRIPTION IN ARTICLE III, SECTION 21 THEREOF, BY REVEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE, Passed on its first reading by titl. at the meeting of May 27th, 1982, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner carollo, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, J:. Commissioner Miller J. Dawkinf Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9455 The City Attorney read the ordinance into the public rE ord and announced that copies were available to the members of the (ity Commission and to the public. 6 - SECOND RrADIIiG O::D IWICE: APPLY SPD-3 BISCAYNE BOULEV, RD TIORTH SPECIAL OVERLAY DISTRICT TO PROPERTY LOCATED 6202-6398 BISCAYNE BOULEVARD. - Mayor Ferre: We're on item number 5, an ordinance on secon! reading. Mr. Carol'o: Move. Mr. Dawki s: There must be a correction here on this. It ;ays seconded by Commis loner Dawkins and on the next line it says Dawkins absent. Mr. Whipple: We will duly note that correction. Mr. Dawki s; Beg your pardon? ;Mr. Gary We'll make that correction. Mr. Dawktts; O.K.. thank you. Mayor Fa' re: It'a been moved b,f Carolloi6 there a aetont Mr. Dawkins; second. al ,, J U N 2 4 1984 ra Mayor erte: Dawkins seconds. Farther discussion' Anybody watt to address item 57 All tight, read the ordinance. call the toll.. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPR HENSIVE 20NING ORDINANCE POR THE CITY OF MIAMI, EY APPLYING ARTICLE XXI-5, THE SPD-3 BLS- 3 CAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT TO PROP=;D C-1 LOTS 11 THROUGH z 15, NORTHGATE BLOCK 9 R: SUB ( 9-157 ) A'QD THE EAST 40' OF LOT 11, LOTS 12 THROUGH t 16, BLOCK 10, NORTHGATE (8-88), BEING z APPROXIMATELY 6202-6398 BISCAYNE BOULE- VARD; AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE, Passed on its first reading by titte at the meeting of May .17, 1962, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Dawkins, the or: lnance was thereupon given its second and final reading by title and 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, J-. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9456 The City Attorney read the ordinance into the public record and announced that copies were available to the memiers of the City Commission and to the public. 7 - FIRST READING ORDINANCE: APPLICATION OF HERITAGE CONSERVATION INTERIM ZONING DISTRICT TO PROPEL TY LOCATED AT 3033 GRAND AVENUE. Mayor Ferre: Seven, any problem witf 77 This is an application of Heritage Conservation Interim Zoning District on first reading only. Mr. Carollo: So move. Mayor Ferre; All right, it's been moved by Carollo. ►s there a sec(nd7 Mr. Perez; Second, Mayor Ferre; Second by Perot. This was recommended by the Planning Departmou and the Planning Advisory Board roc ommouded it unanimousl ,, Further liscussion on hats 77 A-U right$ would you read the ordiaan =e please c ; item 7. Call the roll on item gumbo r 7. f� 9 01 XJ1 :1 ? AN ORDINANCE ENTITLED - AN )RDINANCE AMENDING ORDINANCE NO. 6571, AS AMENDED, THE COMPREHENSIVE ZONING. ORDINANCE FOR THE CITY OF MIAMI BY APPLYING THE HERITAGE CONSERVATION INTERIM ZON'NG DISTRICT, ORDINANCE NO, 6873, TO THE PROPERT' LOCATED AT 3033 GRAND AVENUE (FORMER I CHING SORE) AND A: DESCRIBED ON THE ATTACHED MAP, AND BY REFERENCE THEREOF MADE A PART HEREOF; AND iY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF SAID ORDINANCE NO, 93:7, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2; REPEALING ALL ORDINANCES, CODE SECTIONS OR PAitTS THEREOF IN CONFLICT; AND CONTAIN'NG A SEVERkBILITY CLAUSE. Was introduced by Commissione- Carollo, Ind seconded by Commissioner Perez and passed on its first read ng by titl, by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Manor Maurice A. Ferre NOES: Co imissioner Miller J. l iwkins ABSENT: Co imissioner J.L. Plummt r, Jr. Th.! City Attorney read the ordinanto into the public: record and announced that copies were available to the icmbers of the City Commission and to the public. NOTE FOR RECORD: ALTHOUGH A VOTE WAS TAKLN ON THIS iFEM, THE CITY COMMISSION EXPRESSED ITS INTENT TO REVISIT THIS ISSUE AS SOON AS COMMISSIONER J.L. PLUMMER APRIVES IN ORDER THAT HE MAY ALSO :)ISCUSS AND V(TE ON SAME. (SEE LABEL NO. 29) 8 - FIRST READING ORDINANCE: AMEND ORDINANCI 6871 ART. XXV BASE BUILDING LINES RELOCATE BASE BUILDING L:NL S. SIDE S.W. 1 ST. BET. SW 1 AVE. & SW I CT. ETC. Mayor Ferre: We're on item number 8 now, oc first reading. Is there any kind of a controversy on that? — Mr. Whipple: No, sir. This is just alignn t of rights -of -way for the Rapid Transit and People Mover Systems. Mayor Ferr�!: Do you know of any opponents u this issue? Mr. Whippl!: No, I don't. Mayor Feri e : All right, then, would someoi c move 8? Mr. Dawkii s; Move. Mayor Fer a; Dawkins moves item number 8. Mr, Perez Second, Mayor Ferre; It is now 9:00 o'clock, so n.#x I don't think that there 1s any quota on about legal propriety. It's -een moved by Dawkins, St•conov-i by Pere;. Further discussion? deed the c dinance on item nua;ber 8. Fur tier discussion? Call the roll on item 8, 0 AN Olt: INAVCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE rO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING SECTION 1, "BASE BUILDING LINES ESTABLISHED," OF ARTICLE XXVt "BASE BUILDING LINES," OF SAID ORDINANCE; MORE PARTICULARLY BY DELETING SUBSECTION (4) OF SAID SECTION 1, AND INSERTING IN LIEU THEREOF A NEt9 SUBSECTION (4), AND ADDINI3 NEW SUBSECTIONS (4-A), (4-B), AND (4-C). AS HEREINAFTER SET FORTH: (4) IS - STREET, SOUTHEAST AND SOUTHWEST, BISCAYNI: BOULEVARD TO SOUTHWEST 1ST AVENUE . 37.51; (4-A) 1ST STREET, SOUTHWEST, NORT4 SIDE, SOUTHWEST 1ST AVENUE TO SOUTHVIESP 1ST COURT . 37.5'; (4-B) 1ST STREET, SOUTHWEST, SOUTH SIDE, SOUTHWEST 1ST AVENUE TO SOUTHWEST 1ST COURT . . . . 29.51; (4-C) 1ST STREET, SOUTHWEST, SOUTHWEST 1ST COURT TO SOUTHWEST NORTH RIVER DRIVE 37.51; FURTHER ADDING A NE11 PARAGRAPH (74-B), TO SAID SECTION 1, TO READ­iS FOLLOWS: (74-B) 1S" COURT, SOUTHWEST, EAST SIDE, FROM SOUTH' - WEST 1ST STREET TO SOUTHWEST 2ND STREE'.' . 22.5'; AND BY MAKING THE NECES-- S1%RY CHANGES IN THE ZONING DISTRICT MAT' MADE A PART OF SAID ORDINANCE NO. 687:. B1 REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING P. SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins, and seconded oy Commissioner Perez and passed on its first reading by title 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. The City Attorney read the ordinance itito the public record and announced that copies were available to the membtrs of the City Commission and to the public. 10 14INMES OF R GULAR MEET]? G OF TH1: CITY COMMISSION OF MIAMI , FLORtbA On the 24th day of June, 1987, the City Commission of Miami, Florida, me at its regular meeting place it, the City Hall, 1500 Pnft American Drive, Miammi., Florida in regular session. The meeting was called to order at 9:0(l A.M., by Mayor Mauric. Ferte with the following members of the Commission found to be present - Commissioner Demetrio Perez, ir► Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayo-- Maurice A. Terre ALSO PRESENT WERE: Howard J. Gary, City Managc— r George F. Knox, City Attorrov Matty Hirai, Acting City Clerk Mayor Ferre: We are on item number 9, which is an ordinance on first reading. The Planning Department recommends; and the Advisory Board approved it unanimously. I think this is a noncontroversial issue also, isn't it? Mr. Whipple: That's correct, Mr. Mayor. Mr. Caro]io: So move. JUN 2 419elm a Mayor Forte: Are there any speakers to this iF L]0? Moved by Cat-,i11o. Is, there a second? Mt. Perez: Second. Mayor Ferre: Second by Perez. Further discussion on item 9? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 8, 9, 10, 16 AND 17; NORTHERN BOULEVARD TRACT (2-29), BEING APPROXIMATELY 271 NORTHWEST 29TH STREET, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO C-5 (LIBERAL COMMERCIAL DISTRICT), AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE Ill, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSL. Was introduced by Commissioner Carollo, and seconded by Commissic.:er Pere;-. and passed on its first reading by title 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. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Comni:sion and to the public. t0. GRINT ONE YEAR EXTENSION OF VARIANCE: GROVE PART: CORPORATION 3586 PALMETTO AVENUE. M:-yor Ferre: We're now on item 11, which is :an application by Grove P;irk Corporation for a one-year extension of 'he variance at 3586 Pa'metto Avenue. Is the applicant here? Would you step forward, please? Yoir name and address, for the record. M-. Harris Millman: My name is Harris Millman, my address is 2732 t W. 1 '3rd Street. D ryor Ferre: Why have you not started your building? N Millman: For obvious reasons: the economy, and also the `inanei.ng. 1Is very difficult and very expensive right now. It doesn't: make it , (1110n ically fusible.... Miyur Ferre: if we give you a one-year extension, in your opinion, are you goitt;; to be able to start construction? 1:, El Mr. Millman: We hope to. Right now we've been talking with the batiks and it $ppeats that they feel the interest fates are going to come d(wn. Mayor Ferret hoes the bepattmen have any objettiotts? Mr. Whipple No, sit, Mayor Fette Do you recommend 1 ? Do you recommend it? Mr. Whipple Yes. Mayor Ferre We're on item numb r 11, an extension of Grove Fari_ Cotrporationts variance, his is a one-year extension? This is a one-year extension' (That's a question. Mr. Whipple Yes, it's your cho ce, but up to cne year, yes, sit,. M-iyor Ferre Up to one year. I that what you are recommending Mr. Whipple Yes, sir, we have io problem with granting a year. Mayor Ferre Does somebody want to make a motion? Mr. Perez: I move. Mr. Carollc So move. Mayor Ferre: Perez moves, Carol]) seconds. Further discussion? Cal] the roll on ite a 11. The fc_lowing resolution war introduced by Commissioner Perez, who moved i s adoption: RESOLUTION NO. 82-571 A RESOLUTION GRANTING A ONE YEAR EXTEN ION OF VARIANCE A', LISTED IN ORDINANCE 10. 6871, ARTICLE V, SECTION 3(2) (.0 , TO PERMIT CONSTRUctION OF A SINGLE FAMILY RESIDENCE O'l LOT 1; BLOCK "B"; COCONUT GROVE PARK 2ND AND (1-62); B:ING 3586 PALMETTO AVINiIE, AS PER SITE PLANS ON FILE, W.TH A PROPOSED STREET SIDE YARD OF 5.08' (15" REQUIRID); Z ►NED R-1 (SINGLE FAMII Y DWELLING) . Oere follows body of iesolun on, omitted herein and c► file in the Office cf the City Clerk). Upon bring seconded by Commissioner Carollo, the resolution, was passed and ►dopted by the following vote: AYES: C )mmissioner Demetrio l erez, Jr. Commissioner Miller J. Dawkins %ice Mayor Joe Carollo Mayor Maurine A. Ferre NOES: None, ABSENT; Commissioner J.L. Plu mier, Jr. sl 11. APPROVE CONSTRUCTIO11 AND OpERATIO11 OF GOCE.kNHENT USf OF DOM4TOt1N GOM11titNT CENTER PARKING VACILITY=250-298 NW 2 St, Mayor Ferre: is there any controversy on item 14? Mr. Gary! No, sir. Mr. Carollo: So move. Mayor Fei.— The Department recommends, and the Advisory Board recommended. It's been moved by Commissioner Carollo. Is there a second? Mr. Dawkins: Second. Mayor Ferre: Commissioner Dawkins seconds. Further discussion on item 14? Mr. Perez-Lugones or Dick, why don't you explain briefly what this is. Mr. Whipple: Well, very briefly, this is part o! the Downtown Government Center Development. This is the City's Off -Street Parking Garage to be constructed immediately south of the new Administration Building between 2nd and 3rd Avenue, North West. Mr. 2ary: That's our garage. Mayor Ferre: What? Mr. Gary: That's our garage. Mr. Whipple: It's our garage, under construction. Mayor Ferre: Yes, O.K. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 8:.-572 A RESOLUTION GRANTING PERMISSION TO CON- STRUCT AND OPERATE A GOVERNMENTAL USE - DOWNTOWN GOVERNMENT CENTER PARKING FACILITY ON LOTS 4-17 LESS EXPRESSWAY RIGHT-OF-WAY= BLOCK 108 N, A. L. KNOWL- TON'S MAP OF MIAMI (B-41)v BEING APPROXI- MATELY 250-298 NORTHWEST 2ND STREET, PER ORDINANCE NO. 6871# ARTICLE XXI-2 GOVERN- MENTAL USE DISTRICT, SECTION 3(1) (a), ZONED GU (GOVERNMENTAL USE), AS PER PLANS ON FILET FINDING THAT THE ESTABLISHtlENT OF THIS USE IS (a) COMPATIBLE WITH FUTURE DEVELOPMENT; (b) IN CONFORMITY WITH PLAN- NING FOR THE AREA: (C) READILY ACCESSI- BLEi (d) BENEFICIAL TO THE ADJACENT AREAL (e) IN SCALE WITH FUTURE DEVELOPMENT; (f) ILLUSTRATIVE OF SUPERIOR URBAN DESIGN AND (g) IS ESSENTIAL TO THE WELFARE OF THE CITIZENS OF MIAMI SUBJECT TO LANDSCAPING PLAN APPROVAL BY THE PLANNING DEPARTMENT: AND SUBJECT TO THE CONDITION THAT THE CITY'S PARKING REQUIREMENTS ARE MET, (Here follows body of resolution, owl,,-ted herein and on file in the Office of the City Cle k). e 1 14 JUN 410,E Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote! AYES'. Commissioner bemetrio Perez, it, Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J.L. Plummer, Jr. 12. APPROVE AMENDMENT FOR APPROVAL 0 7 CONSTRUCTION AND OPERATION OF A CENTRAL UTILITY PLA14T AND PU.RKING GARAGE-298 NW 2 AVE. Mayor Ferre: Is 15 controversial? Mr. Gary: No, it's not controversial. Mayor Ferre: The Department recommends the Advisory Board approved unanimously. This is an application by Metro. Mr. Carollo: Move. Mayor Ferre: This is the utility... th.s is their garage. Mr. Whipple: Yes, sir, and the utility service enter, which is immediate y south of th. City's garage. Mayor Ferre: All right, moved by Carol o. Is tiere a second? Mr. Dawkins: Second. Mayor Ferre: Second by Dawkins. Item L5, any discussion on it? Does anybody here wish to speak on item 15? Call the roll, please. Mr. Perez: Mr. Mayor, could I know.... Mayor Ferre: Yes, hold on. Mr. Perez: Could I know if the parking woule be for the public in genera] or only frr the County employees? Mayor Ferre: The question is, Mr. Whipple, would the parking be for the public in general or only for County employees? Mr. Whipple; I believe it's going to le for the public, Mr. Mayor, but I du not have the information at hand cn that. Mr. Gary: It's for both. Mr. Whipple: It is for both. Mayor Ferre; It is fot both. Call the roll on item 15. Nip 15 J U N 2 4 192 The following resolution was introtaced by Commissionet Carotlo, who tioved its adoption: P,tSOLUTI( '; No. 8.'.-571 A RESOLUTION GRANTING IERMISSION TO CON•- STRUCT AND OPERATE A CENTRAL UTILITY I)LhNT AND PARKING GARACN' (CENTRAL SUPPORT FACILITY AND PARXING GARAGE) PER WWI- NANCE N0. 6871, AS AMENDED, ARTICLE XXI-2 GU -GOVERNMENTAL USE CISTRICT, SECTION 3(1-2) ON ALL OF LOTS : AND 2, A PORTION OF LOTS 3, 4, 5, 6, 15, 16, 17, 18, 19 AND ALL OF LOT 20; BLOCK 113N; MIAMI (B-41), BEING APPROXIMATELY 2-98 NORTH- WEST 2ND AVENUE, PER PLANS ON FILE TO INCLUDE CONGENERATION FACILITY AND RETAIL USE; A MAXIMUM HEIGHT OF 120' AND A TOTAL FLOOR AREA OF 87,000; ZONED GU (GOVERN- MENTAL USE), FINDING THAT THE ESTABLISH- MENT OF THIS USE IS (a) COMPATIBLE WITH FUTURE DEVELOPMENT; (b) IN CONFORMITY WITH PLANNING FOR THE AREA; (c) READILY ACCESSIBLE; (d) BENEFICIAL TO THE ADJA- CENT AREA; (e) IN SCALE WITH FUTURE DE- VELOPMENT; (f) ILLUSTRATIVE OF SUPERIOR URBAN DESIGN AND (g) IS ESSENTIAL TO THE WELFARE OF THE CITIZENS OF DADE COUNTY; SUBJECT TO LANDSCAPING, SITE AND DEVELOP- MENT PLAN APPROVAL BY THE PLANNING DE- PARTMENT. (Here follows body of resolution, omitted herein and on file in the Office of the :ity 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 Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABS:NT: Commissioner J.L. Plummer, Jr. NOTE FOR THE RECORD: Commissioner Plurrmer entered the meeting at 9:08 A.M. --------------------------------------------------------------------------- Mayor Ferrf: All right, Mr. Plummer. Mr. Plummer: Good morning, sir. Mayor Ferre: How are you this morning? Let me, first of all, tell you what we've done, and then, secondly,.,. Mr. Plummer: Excuse me, let me get my agenda, Maurice. _ Mayor Ferre: I have to catch an airplane for Philladelphia for the Democri,tir Party Convention at 1:20, I apologize for not being here in the afternoon and this evening. Let me explain that I was planning to miss the initial portion of the convention, but I was called yesterday, end these Is both a Hispanic and a Black caucus, Which I think I should be present et. Ther+-fore. I hope you'll forgive toe for having to leave A little bit early. I've been to chair the Hispanic caucus, so I havf to be there, I spologize. I have to leave here around 1200, Now, secondly, We're WAS to take up pocket Items As soon as we get a full Cmiaoioa here. I think we bove a few of thfise, ° ±. tia 0 Mayor Terre ;COW T): J.t., in the meantime, here's what we+ve done. We've done If 2) 3f 4y 5. We have not done 6 and 7. 'We've done 3j 9. Mr. Plutmnet- 'You've done 9? Mayor Fetre We've dcne 9. We have not done 10, 120 or 13. We did 11, 14, and 15. We d1 d 90 didn't we? Mr. Gary: Yes, sir. Mayor Ferrel Now, we stipulated, number one, that if anybody was here at 9:00 o'clock and wanted to be heard, we would hear them...any discussion. Secondly, we also stipulated that if you wanted to bring any of these items up, that we :ould do so. Do you want to bring anything up? Mr. Plummer: At this time, no, sit, let me go over it. Mayor Ferre: Again, we have done 1, 20 3, 4, 5, 80 9, 11, 14, and 15. Mr. Plummer: All right, Mr. Mayor, let me ask this question. You wi11 then be leaving here about noon? Mayor Ferre: About 12:30. Mr. Plummer: About 12:30. Mayor Ferre: 12:00, 12:30. Mr. Plummer: All right, obviously with this stack of stLff we're not going to be finished by 12:30. Mayor Ferre: Maybe, it all depends on how much you and I talk. Mr. Plummer: Well, Mr. Mayor, as I said, obviously we are not going t3 be finished by 12:30. Are there any items here that have been aiked for for deferral? Mayor Ferre: Item 27 by Mr. Darrey Davis. Mr. Perez-Lugones: 26, sir. Mayor Ferre: 26 is the only one that there has been a dE-ferral on. Mr. Gary: Mr. Mayor, we are requesting a withdrawal of item 16, Park West. Mayor Ferre: O.K., there is a request for withdrawal of item 16 by the Administration. They have also marked out as key issues that. the Administration would like to have us vote on: (if you will mark these down, please) 10, 26, 27, 28, 30. Mr. Plummer: On this list, Mr. Mayor. Mayor Ferre: Let me finish, 31, 32, 33, 34, 35, 36. In other words :;0-36, inclusive. Mr. Whipple: Except that 26 is already handler Mayor Ferre: Sir? Mr. Whipple: Except that 26 is already handled, Mr. Plummer: 26 has been withdrawn. Mayor Ferre; 26 has been withdrawn, Mr. Gary: And one other, Mr, Mayor, item 29, we Fsk that it be withdrawn, Mayor Ferre All right. 17 JUN 2 Mr. Gary: 'ihatis on the housing sites. Mayor Verre- There is a request now that item 29 be Withdrawn. Mr. Dawkins: What item here deaf; with !his bi}• blue book? Mr. Plummer' All right, ghat about 28? Mayor Ferre Item 28, Mr. Gary: "hat's on the list of the thii.gs that we'd like to have accomplished today. Mayor Ferre And I might say, just for the record, that I'm ready to l ite on that. Mr. Plummer All right, Maurice, my onl, question has to be, as indica !d on page 5. Mayor Ferre: Page 5. Mr. Plummer Items 23 and thereafter ar, sche(lultd for 5:00 P.M. I question whether or not any items prior to 23 can be handled prior to 5:00 o'clock. Mayor Ferre: Mr. Perez-Lugones, speak uj. Mr. Perez-Lugones: Yes, at the beginnin}, of page 6, there ic-, a notatioi that: 'the following non -Planning and Z(,ning items may be considered b- the City Commission as time permits," which doesn't really put them on a schedule of 5 o'clock. Mayor Ferre: All right, Mr. Clark. Mr. Robert Clark: That interpretation i correct, your Honor. Mayor Ferre: All right, Mr. Clark, I ha e a question for you, sir. ON the record I want to know if on a formal City of Miami Commission meeting that is scheduled at 9:00 A.M., and them is subsequently another hour, Like 5:00 P.M., whether or not we're bound to wait until 5:00 P.M. to hear th�?se items or can we take them, since there i! a notice in the agenda, that we might take them before, can we take them before 5:00 P.M.? Mr. Clark: The same principle applies, our Honor. If the public has teen notified and informed that 5:00 P.M. is the time which the City Commissi)n will consider it, then any action you take world be an-1 should take place at '):OU P.M. Mayor Ferre: Mr. Clark. Mr. Clark: Same general rule, your Honor. Mayor Ferre: I'll ask you the question tgain. Yr. Perez-Lugones says lrat there is a note. Could you tell us what the note is again, Mr. Perez-LL;ones? Mr. Perez-Lugones: It is at the beginniig of pa}�! 6, Mr. Mayor. Mr. Clark: This represents, your Honor, a requirement by State law. T}at's why you see those items on appearing on 23 through.... Mayo Ferre: O.K., are you telling me that I we have to wait until 5;OU? Mr, lai k: Yes, sir. Mayo F< rre: 0. K. Mr. ar, Mr. Mayor. Mayon Ferre; Yes, sir. 41 1� Mt. city: Just a Oeint of clarifitation, heft.- 23, 24, 25, and 26 have been deferred (acre those that are related to 5 WO P.M. only): 231 24, 25, Mr. Davkits: They have been deferred? Mr. Garry: No, those are the items that have to )e heard at 5:00. Mr. Dawkins: I ttorve that we .... Mr. Gary: All other items can be heard before 5:00. Mayor Ferre: What you're saying is that items 23, 240 and 25 are to be heard at 5:00. Mr. Gary: Yes, sir. Mayor Ferre: And you're saying anything after that we can hear. Mr. Gary: Yes, sir. Mayor Ferre: Is that right, Mr. City Attorney? Mr. Clark: "es, sir. Mayor Ferre: So, in other words, we can take 27 forward. Mr. Gary: W can, right. Mayor Ferre: O.K. Mr. Dawkins: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Dawkinf: I move deferral of 25. I have not had time to study it I'm not familiar enough with it. I'm not prepared to vote cn it. Mayor Ferrc: Technically, there is a...I think we should then defer items 23, 24, anc 25. Mr. Gary: Because you —nobody.... Mayor Ferre: What? I'm ready to vote on it, Howard. I have no problems on item 23, and I have already expressed my opinion that I will suppoit the Administration on this, O.K., publicly, so...but I think technically, we won't be able to do it. Mr. Gary: Because you won't have time. Mayor Ferre Until 5:00. Can we continue Lentil we get a full Commission here, and then we can take up pocket items? Mr. Clark: Your Honor, just for the record, will you indicate that the time is now 9;15, since you had indicated earlier that vour special meetiaf, was only k,etween 8;00 and 9;00. Mayor Ferre; ,All right, l've already asked It anybody wanted to speak on any of the, items we had voted on before 9;00 o'clock, on the record, sl 14 - RESCIND RESOLUTION 81=483 WHICH GP.AN'I rl) ALLEY CLOSURE! WEST OF VIRGINIA ST. B "r OAR AVL 5 GRVND AVI.. PLAT 1098-A PODSAID Mayor Ferre! We are now on item 17, whici is to rescind Resolution No, 81-483, which granted the alley closure west of Virginia Strect between Oak and Grand Avenue as a condition of teitative p.at. Now, ;; this a recommendation of the Administration? Mr. Perez-Lugones: Yes, sir. Mayor Ferre: Are there any objectors to )ur resciiding this :,)tion: hr 'd you explain why you are recommending that we resciid? Mr. Perez-Lugones: This case went to court, and tie court re cinded, h;. icall , the plat that was approved. Mayor Ferre: O.K., so does somebody want to make i motion on that? Mr. Plummer: So move. Court order, we have no claice. Mayor Ferre: Plummer moves 17. Perez seconds itc,a 17. Call the roll. -he following resolution was introdiced by Cc.maissioner hummer, who m-ved its adoption: RESOLUTIOP NO. 82-' 74 A RESOLUTION RESCINDING RESOLUTION NO. t1-483, ADOP'ED MAY 28, 1981, GRANTING THE CLO.ING, VAC,TING, ABANDtNING AND DISCONTINUING THE PUBLIC RIGHT OF W,Y (PUBLIC AILEY) WEST OF VIRGINIA STREET BETWEEI OAK AVENUE AND GRANT AVENUE AS A CONDITION OF TENTA'IVE PLAT NO. 1098-A "PODSAID SUB" (Here fo:lows body of resolution, omitt d herein an,.1 on file in the Office of the C ty Clerk . Upon being seconded by Commissioner Perez, t e resolution was passed and adopted by the following vote. AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins -Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. JUN 24 1982 hI 15 - )ISCU;;SION ITEM: SEI.ECTWN COMM11 rEE FOR CITY ATTu 011JY, LNSTR1tC'T PREPARATION OF CEIRTIFIc., I'ES OF APPRECtATI IN, Mayor Ferre: Now, wetre going to take up the ?ocket items, and I'd ike !:O Just begin by publicly, George Knox, apologiz ng to you for what I think was number one, probably a hasty over -reaction on my part. And se(ondll, what I think the headlines, the story, as usual, i�t the Miami News kas accurate and a good story, but the headline was a litti_e bit inflammatory in nature. And I . just wanted to publicly apologize to y( t) even though 14 o think t1 at you and I and all of us are political, but 1 !on't think the ctnnot<tion was quite what it meant to be. And for those in he selection committee, I might point out, that I atn certainly not goir ; to retract my_st atem(at and my feelings that there were politics involved in that whole process. but I must say out of fairness, that I don't say 0 it in a cajorativf way. I don't think that the word politics is a nasty word. I think it's the oay human beings function, and I think it'is not )nly reasonable but unterst;.ndable that Cuban members, Cuban Bar Presidents woul 1 be ; nxiout• to make sire that there would be a Cuban representation; and th.►t Black Bar President: would want to make sure that there is a black repre•;entation, and so on. I think that is understandable, and the fact that the-e arc personalities aid people involved, that's just part of the process. Nti!vertl:eless, in spite if all of that, may I say that I think that Mr. Knox, yiu an(, your committee, Dean Mentschikoff, Dean Lewis, and tht, three Bar I'resid(nts of the bade 1,ar, of the Black Bar, and the Cuban -American Bar, sl-!nt a great deal of title, effort. Your deliberations were, I think. at a very high level. I just wanted to thank you ;nd through you, your committee, for the very =ommendable job Vat you did. Mr. Knox; Thank you, sir, and I'll let the imber! know. Mr. 1:arollo: Mr. Mayor, I'd like to request if w ! cou1.1 POSE <bly take some certificates of al preciation for a job well one t ) the member; of hat committee, and at the next meeting provide i to ttem from the Comm.ssion. Mayor Ferre: Fin(, all right. Mr. Carollo: At the same time, if it's appropriate at this time, M.-. Mayor, I'd like to make a request that since the cotin,ittee's job is done, _he final recommendation has been given to us for some time now. If we could take up the matter of selecting a new City Attorney i­w. Mayor Ferre: Well, I think Plummer wanted to speak to that. Let's see if we can get Plummer back here. While Plummer .omes back in the roon-, let me say that we do... 16 - DISCUS:10N ITEM: ESTABLISH JULY 2, 6 PM SPECIAL MEF ING (N PROPOSI 1) CIIARTER CHANGES. Mayor Ferre: Miller, you have a Charter Change Committee tha you have appointed. And .Ioe, you were gong to appoint one and have nest yet. Mr. Carollo; Ye:, Mr. Mayor, I ill get back to you on that ''.rat of next week. Mayor Ferro; We have a problem, My Charttet�.Coimnittee i 3 now cone uded and 1 have a report )ere from not Da rey Davis. .fro;a Stuart Simot. JU424W& Mt. +,:r,ro l,to : When do we have to snake a decision, so that,,,,? Mayor l:ertet That's what I wanted to tal about. 1 have a report which I will hand out to you, Stuart Simon promised to have it here by 9:30, Now let me tell you what the problem is. Obviously wu cannot deal with it today because of th,� five day rule. Plummer, these. are Chatter changes that I'm talking about. Mr. Plummer: Mr. Mayor. Mayor Ferre: Let me finish. Mr. Plummer: To the other subject. Mayor Ferret Well, yes, but you know, we were wasting for you and I started on something else, so let me finish what I'm saying now. Mr. Plummer: All eight. Mayor Ferre: On the question of the Chaster changes, the problem is that the City Attorne has advised me that under state law, we must come to a conclusion in the discu:4sion by July the 9th. If we do not come to a conclusion by July the 9th, tec►inical.Ly we will not be able to put anything on the Charter in November. N•w that sounds kind of far-frtched to me, and it's the fir -it tiniv I've ever heard that, because usually it's 45 days before. Perhaps, George, you can elab.rate :and explain why. Mr. Knox: There is a recent Florida Supreme Court decision involved in the Home Rule Powers Apt. Cities have been Mandated irrespective of their Charter Prov sions and codes of ordinances to foliow procedures which are set out in Home Rule Powers Act.. There is a prc--edure for a referendum questions ani it's brand new, I mean thi•-; is virtsally the fi--st time that we've operat d under those procedures. Mayor Ferre: That really creates a time -constraint, because think it would be sad to lc e an opportunity to address some veIy important issues and havo the electors a of Miami make these decisions during this yeas. As you know, we would ha,,! to wait until 1984 to chan4e anything else. IK that correct? Oh, no! Th; is fcr a petition drive. Mr. Knox: I ght. Mayor Ferre: I'm sorry. Well, we could do it in '83. But think that gets everything ;,I confused with City elections and what have yoi. The only tiring — that we can Jo is, Miller, for you and .oe and those of you rho have your committees, to ask that they accelerate a little bit, and perhaps ha-e a meeting. Wield J,ily 9th be acceptable, George? Or would we have to do it before July 9th? Mr. Knox: No, July 9th would be all rir;ht. It's before the end of the day on July 9th. Mayor Ferret That's the last day we cast do it, right? Mr. Dawkins: Well, Mr. Mayor, my commi.tee has reported bac� to me. I have _ no problems with one way or the other b.:cause we have said, and I will be reporting back to you, that this is too grave an issue in our estimation to be hurried into. If it means that we miss the 9th, then we miss the 9th in,the hopes that we'll serve the City better than rushing into something. That's my committee's opinion. Mayor Ferre: I don't know what the majority of this Commission will vote, Miller, but I thfnk these items are so important and we have• discussed thl%., and we have until November to discuss them, that 1 think that it's import:,l,t if we can get three votes on this Commission to put these items for a voty on the November election, which is five months from now. The problem is tisut we need to deliberate so that we don't have the five day prc,blem, today being the 24th, would call this meeting at any time after next Tutsday, please tf=ll me what day would be best for any of you. on bl � JUN 24 199G Mt, Plummets Mt, Kayot, Mr. Carollos Mt, 4ayot, Mayot Ferret Yes, sit, Mr. Catollo! On the Meek of the 6th...the 5th, of coutse, is a holiday,.. the 6th, 7th, 8th, or 9th, any day, I thi-tk would be convenient. Mayor Ferre: Any Jay from the 6th to the 9th, Does anybody h;%ve any preferences? Mr. Plummer: Mr. Mayor, I have a problem. I ,ill be out of tcwn reptesentit you on the 21th, tLie 30th, the 1st, and return on the 2nd Keyor Fttrre: Well, can we do it after the hot day? Mt. Plummer: Excuse me, -ir. My calendar is !locked out from the 3rd to tle 19th for vacation. 1 11 be out of the cou:try. _J Mavor Ferre-. Well J.L.0 the problem is.... Mt Plummer. What I'm saying to you, Mr. Maye .... Mayor Ferre: I'm not the the author of the pr blem. This is something that' come out... Mr. Plummer: I understand. Let me tell you tie only day that I can meet, Mr. Mayor. is on the 2nd. Mayor Ferre: I'll meet any day you want. I 11 be here for :ny meeting anytime. Can you be here on the 2nd,.Joe? Mr. Carollo: I wasn't planning to, but I wil be, ii that's t e case. Mayor Ferret O.K. Mr. Plummer- May I ask, Mr. Mayor, since I wi 1 be .riving ba that day from Daytona, if you could make it an eveninft ieetint to give time to get home? Mayor Ferre Sure, we can do it anytime. Mr. Dawkins If you'll buy dinner, we can me after 6:00. Mr. Plummer I'm not buying dinner. I'm ret•!senting the May r, and he's not even bu-•in.g dinner. Mayor Ferre Listen, I feel badly about thi!.. I wi:l buy din er. Mr. Plummer The first time in twelve years i:'s made the off r. He hasn't paid yet, bit he at least made an offer! Mayor Ferre: It's all because I'm embarassed about this. And �t's not reall my fault. I'm sorry that July 9th happens to be the deadline. But if it is all right then, do you want to make it an eveiing meeting? Mr. Plummer: Yes, sir, if you would. Mayor Ferre: Is 6:30 acceptable? Mr. Plummer: 6:00 o'clock would be fine. Mayor Ferre: 6:00 o'clock, all right. I wit then.... Mr. Gary: You're going to be off on the 29ti too? Mr. I'l ununer: Yes, the 29th of July, I leave trt the 29th. : yor Ferre; i will therefore earl a Species Cpmmissf9a :aeeti g at 6.00 Q c IrA on the eecont day of July for the purpoees of conaldering Char ar chnges to be put on the bAllQt in the Novembar elec c.i on, l will befe -e that time g ,e = you a copy or the report. I will do that thti, w- ming. I Ware to make pure that it's understand that report of the com�ittee beaded by Pj,1 Paul Ogg$ au JUN 24 4 ;I Mayor I:ette (CON'T): ..,.necessarily mean that I support it 100 L That's their report. I will give you a memorandum representing my pos'tion at that time. O,K,, unless I hear otherwise, them it's July 2nd ct 6:00 P,M. 17 = DISCUSSION ITEM: ESTABLISH JUL', 2 AS DATE OF SEL;.CTION Ot `4FW CITY ATTORNEY. Mayor-Ferre: All right, now, Mr. Plummer while you were out of the room, Joe Carollo was about to make a statement, and I said, since the item is not a scheduled item, which is the deliberations of the Knox committee of the recommendations for the selection of the City Attorney. I wanted you to be present for the statement. So now Mr. Carollo, the chair will recognize you again to make that stateme►t. Mr. Carollo: Thank you, Mr. Mayor. Mr. Mayor, I think that we havE had the committee's final recommendations anti the names and backgrounds of the four finalists for the job of City Attor-iey. I think that now is the time to pick our new City Attorney. The more that we wait to do this, tie more detrimental it would be for the City. I would, for one, like to start the process today and hopefully finish it today, of selecting a new City Attorney, based upon the recommendations that the-ommittee that we appointed has given to US. Mr. Dawkins: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Dawkins: I too feel that this is timely and on time. But I do not... I mean this is just my personal opinion ... do not feel that this is going to be a one, tuo, or one,three shot deal. You have already stated that you will only be here until 12:00 o'clock. Mayor Ferre: Yes. Mr. Dawkins: We do have a heavy agenda ahead of us that we should cry to get out. We do have so items which the manager has said that he would like for us to cover before you leave. So, in all respect to Mr. Carolla, I 'ust do not believe that this date permits us the luxury of going into the selection of the.... Mayor Ferre: All right, Mr. Plummer, do you want to make.... Mr. Plummer: Mr. M:;yor, I have read tht report of the committee. it was. not a scheduled item, and I did e.ot think that it was comming up today. For example, I have only had the opportunity at this date to meet with one of the four finalists. I have an appointment tomorrow morning, tentatively, with another one of the finalists. I received a call yesterday afternoon fro►a another of the finalists asking for an <<ppointment. I would like to have the opportunity to sit and to speak with all of the finalists prior to making a vote. Mayor Ferre: All right, Mr. Perez? Mr. Perez: Mr. Mayor, I would like to suggest that we deliberate on. thi•; i::::ue in the next special Commission me Ming on the 2nd of July. Mayor Ferre: The consensus is that we aake the selection on the 2rd da> of July. Does anybody have a problem with that? Mr. Carollo: If that is the will of the Commission, no, Mr. Mayor 24 Mayor Petre: All right, then we will take that as the -first isiue that we will discuss on the ?nd day of July. Mr: Plummer: Mr, Mayor; I would like to add my wcrd to yours aid otbot- members of the Commission in thanking Mr. Knox fot heading up w th obviously is a very difficult committee, I think to wind it down to four and it looks like this Commission is going to take a selection of one (f the four, I think is a job that was very, very difficult to come about, bit it was done. We placed our confidence in George and he has delivered► Althoigh, 1 would like to say) Mr. Knoxr that in the future, l would like to stroigly recommend that you remember that there is a difference in the coppertone 'attertes. Kayor Terre: You don't have a pair of batteries to give to him do you? Unidentified Sveaker: He dtd. Kayor Ferre: He did, O.K. Now, we're still c i the pocket itett Sc, does anybody have any pccket items at this point? t have a few. Al right, .-ounsi!lor. 18 - REVIFU CONDITIONAL USE GRANTED BY ZOr ING BOARD -DRIVE I TELLER FACI] ITY AT 2800 SW 3 ST.-CAPITAL BAl•K. Mr. Robert H. Traurig: Mr. Mayor, item 13 wa passed when you aere running through them. because Mr. Plummer wasn't here �nd the City Manager said he had a comment. If you arc going to take all tese ether items, may I ask that be defeired until a time certain a littl bit later so I can run to the County Commi: ;ion rind atti nd to something•, the a and get back here? It was merely a con• i tion i1... . Mayor Ferre: Just wait a moment now, Bob. know you hale to be at the County Comm! lion. Plummer, do you have any roblems witi 13? We were waiting on y u for that. Mr. Plummeri 2800, I have not seen the plat is what I have t( see, and I'?.1 tell you ver quickly. Mayor Ferre: It's the drive-in teller facility :t 2800 S.W. 8,h Sticet. Remember Cal tal Bank? Mr. Plummer: This is a new one. This is not ont we have hand ed btfore. Mayor Ferre Well, you are the one who is always asking quest-ons on these things. Mr. Plummer Yes, all I'm interested in, Mr. Ma* -or, always is this.... Mayor Ferre Would you show the plat to Mr. Plummer? Mr. Plummer I need to show how the stackin; takes place Wh:re a!e the tellers? A )roximately how many cars? How many can you lack ip he e? How many wi lows? Mr. Mayor, I have no problem. Mayor Ferre All right. Are there any obje,tors to item 13? Does anybody wish to spe.k to item 13.' Mr. Dawkins; Move it. Mayor Ferre; It's a matter recommended by tie Department and with unanimous vcto by the Zoning board, Moved 1: Dawkins. ]i there a econd? Mr. Plummer I second. 25 x Mayor Ferre: Second by Plummer. Further discussion on it,m 13? Call the roll, The following resolution was introdu -ed b} Commissionc t Dawkitis, who moved itt- adoption RESOLUTION NO, 8:-575 A IESOLV ION TO RATIFY CONDITIONAL USK AS LISTED IN OR) INANC NO, 6871, ARTICLE XII, SECTI.ON 1(33) ( E) , TO PERMIT A DRIVE-IN TELLER FACILITY ON LOTS 1, i AND 3 IESS THE N 10' OF BLOCK 3, CITRUS PARK (6-145), BEING 2800 SOUTHWEST 8TH STREET, AS PER PLANS ON FILE, IN CO'JUNCTCON WITH A PROPOSED CAPITAL BANK BUILDIN(: ON AB VE SITE; SUBJECT TO A ONE YE,IR REVIEW BY THE "ITY CO`uIISSION FROM THE DATE OF THE ISSUANCE OF THE CERTIFICITE OF OCCUPANCY; ZONED C-4 (GENERAL COMIERCIAL). (Here follows body of resolutioi, omitted herein and on file in the office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 19 - MOTION (;0N'TINUIN7G AGENDA ITEMS 23, 24 nd 25. Mr. Gary: Mr. Major. Mayor Ferre: Yes, sir. Mr. Gary: On iten number 25, which is scheduled for 5:00 o'clock, if u're not going.to hear that item, we'd like to know that definite, because; have a consultant coming down from Tallahassee on a flight later today end we can ask him not to show.... Mayor Ferre: Mr. Manager, the City Attorney has ruled that technicall we cannot hear item 23, 24, 25 until 5:00 P.M. will not be here. I those of you that are here..,, Mr. Dawkins: Mx. Mayor, I have already requeste. that this item be de !rred, but I did not get a second from the Commission. Mr. Gary: We need a vote to make sure, Mav,,r Ferre: All right. I would like to ask th t items 23, 24 and 25 be dvierred. Will somebody make such a motion? Mr. Perez: I se(ond, Mayor Ferre: All right, Dawkins moves; Pere; seconds, lurther discu! 4on? Call the roll. s 26 p JUN 2419V The foi owing motion was introduced by Coftissioner Dawkins, who moved its Adoption MOTION 82=576 A MOTIOt CONTIRUING CONSIbWTION OF AGEMA ITFMS 23, 240 AND 25 IN TODAY'S AGENDA AS FOLLOWS: A) AG 2 . "ORDINANCE SECOND READING - Pi ANNING CONTINUED TO SPECIAL DEPARTMENT APPLICATION AMEND ORDINANCE CITY COMMISSION MEETING 6871, BY ADDING "SPD-6 COCONUT GROVE SCHEDULED FOR JULY 2ND� RAPID TRANSIT DISTRICT AnER "SPD=5" AT 6:00 Y.M. TO ARTICLE III; AND BY ADDING A NEW ARTICLE XXI=6 COCONUT GROVE RAPID TRANSIT DISTRICT (SPD-6) PROVIDING FOR INTENT, USE REGULATIONS, LIMI- TATION ON USES, FLOOR AREA RATIO, YARDS, HEIGHT, MINIMUM FLOOR AREA, USABLE OPEN SPACE, PARKING, LAND- SCAPING, AND SITE AND DEVELOPMENT PLAN APPROVAL. b) AG 24. ORDINANCE - FIRST READING - PLANNING CONTINUED TO A FUTURE DEPARTMENT APPLICATION AMEND ORDINANCE DATE YET TO BE SET. 6871, ARTICLE IV, SECTION 17(4) TO ELIMINATE THE PERMISSIVE USE OF - BARBED WIRE FENCING IN RESIDENTIAL NEIGHBORHOODS. c) AG 25 ORDINANCE - FIRST READING - PLANNING CONTINUED TO A FUTURE DEPARTMENT APPLICATION ZONING ORDI- DATE YET TO BE SET. NANCE OF THE CITY OF MIAMI, FLORIDA, A NEW COMPREHENSIVE ZONING ORDINANCE APPLICABLE TO ALL LAND WITHIN THE CITY OF MIAMI, INCLUDING (a) ZONING TEXT; (b) OFFICIAL ZONING ATLAS; AND (c) OFFICIAL SCHEDULE OF DISTRICT REGULATIONS AND ALSO INCLUDING A — SAVING CLAUSE AND SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE 180 DAYS AFTER THE ORDINANCE HAS BEEN FILED WITH THE SECRETARY OF STATE, AND REPEALING EXISTING COMPREHENSIVE ZONING ORDINANCE 6871 AS OF THAT DATE." Upon being Eeconded by Commissioner Perez, the motion was passed and adopted by the fallowing vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commist.ior.#�-r Miller J. Dawkins Vice Mayor Joe Carollo Mayor haurice Ferre NOES: None. ABSENT: None. Mr. Plummer: That's deferred to another day. Mayor Ferre: I have no objections, Mr. Manager, if we put item 23 on the July 2nd meeting. I know it's important to you. If that's what you all want to do, that's fine with me. I don't know if you have any objections to it. Mr. Dawkins; No, none whatsoever, Mr. Mayor. Mayor Ferre: Do you? INAUDIBLE BACKGROUND COMMk=S NOT WM4ED 9 NTO THE PUBLIC "CORD. Mayor P rr.e: Now, 1 don't know about 24 rind 2.5. Thosr. ar ...i:: 25 .t conti-wrsial thing? Mr. Dawkins: No, I just haven't had time co stud, it. That's a pretty thick book. Mayor Ferre: l think 24'and 25, unless they are emergency items, "r. Manager. 24 and 25, we ought to wait unt.I the next regular meeting. Mr. Gary: Yes. Mayor Ferre: Unless you have a real prob em with it. 20 - DISCUSSION ITEM: SOLID WASTE DEP1,RTHENT. Mayor Ferre: All right, we're back on pocket items. Mr. Dawkins: Mr. Mayor, I have a pocket item. Mayor Ferre: Yes, sir. Ar. D:+wkins: My pocket item deals with the Sanitation Department. ,tayor Ferre: Yes, sir. 4r. Dawkins: In my opinion, there appea s to be a lot of effort t, prevent -he Sanitation Department from becoming one of the better, if not the best, ;anitation Departments in the country. :very effort is made to see that ,he Police Department, the Fire Departme�it remain tops, and ue get praises is these being the better departments in the country. But yet, every time I loot. up, there is something going on ii the Sanitation Department to prevent, in my opinion, the Sanitation D,?partment from functioning as it should. Now I am told the Sanitation Department is going to do something in the Sanitation Department that has never been done in any other department. Clerks, custodians, and others are being promoted to supervio-,ory positions. I do not recall where any clerks, custodians, or anyone else in the Police Department or the Fire Department has been promoted to a supervisor in those departments. Again, in my opinion, this is an effort either to discredit the union or bust the union. This is my personal opinion. By showing union members that the Administration could care less about working cooperatively with the union to have a smooth operation. This is one department where most, if not all the employees, reside in the City of Miami. Yet, I constantly see efforts to lay people off, curtail benefits, and in general keep the department in a state of turmo;l. Mr. Manager, I wn sure you mist support the position taken by your admii,istrators. If you g'.ve a person the autl,o rity to run a department, you must also give that perso,t the flexibility to -in the department as they see fit. I have observed that most of the pro!tems in the Sanitation Department c.,me from negotiation aroce:.ses fo a c-ntract. Mr. Manager, when you nego iate, the City usually codes out wit a fair vehicle to work from. When others in your Department charges wit the duties of negotiating contracts, ever since I've been here, it's beef one: hastle after the other, But I'm going to tell you now p•iblicly, tha- at your next evaluation I will look heavily for evaluating you on tie way the people whom you have in the positions have performer. What. I'm saying to you, Mr. Manager, if a person is not an asset to you, a,,fl you keep him on as a liability, then I shall do my best to punit:h you Tha0 you. Mr, Carollo; Miller, I normally would )e a little outspokei in tiis sl-uatloit, but under the circumstances, I don't wait anybody to accuse rate of tryin). to get rid of the Sanitation Director alsc. So, I'll just livt with my totiments to a �� Ll n Mayor Vette: Well said. 1 = CONGRATULATING GUSTAVO GODOY UPON BEING NAMED EXECUTIVE 14EW HANAGER FOR THE SPANIS INTERNATION, t 11ETWO1ut. Mayor Ferre: Any other pocket items? I have three. One is ":alum to America" and Mr. Solomon Yuken, the Manager of the Colomb,,is Hotel, and Virginia Godoy, of Metropolitan Dade County, are Moth her.. Atd before you make your presentation to Mrs. Godoy, may I take this opportunity through you, to officially commend your husband for being elevEted, as he was recently to being News Director for Spanisi, International Network, which is an organization, as I understand it, has 160 television outlets in this country and reaches close to 20 million people, sc I tl.ink this is a major achievement for all of us in Miami. We are very proud of your husband. We just wanted to make that statement through you to him. As a matter of fact, I really think we should pass a reso.ution. I think we ought to pass two resolutions, if one of you would make that offer. One is commending Gustavo Godoy, for being made News Manager o` Spanish International Network. Would someone make that motion? Mr. Carollo: So move, Mr. Mayor. Mayor Ferre: All right, it's been moved by Carollo. Mr. Perez: I second. Mayor Ferre: Second by Perez. Further discussion? Call the roll. The following resolution was introdiced by Commissioner Carollo, who moved its adoption: RI SOLUTION NO. 82-577 A RESOLUTION CONGRATUL.rING GUSTAVO GODOY UPON 3EING NAMED EXECUTIVE NEWS MINAGER IOR THE SPANISH INTER- NATIONAL NETWORK. (Here follows body of resolution, omitted herei.i ane on file in the Office if the city Clerk). Upon being seconded by Comm ssioner Perez, the resolutior was passed and adopted by the follow ng vote: AYES: Commissioner J. L. Plunmer, J-. Commissioner Demetrio Jerez, fr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: V.-ne. ABS13NT; 4 -mmiss ioner Miller J. Dawkin a i r" 22 - EXTE111) WELCOMI; TO SPANISH INTERNAIIONAL INETkORK FOR ITS DECISION TO REJ OCATr ITS Ntlis f.EADQUA iTERS TO MIA'41 Mayor Ferre: The second motion that I'd like to make is commending Spanish International Network for deciding to move their news headquartfrs from Washington, D.C. to Miami, Florida. I think this is one of the moFt important breakthroughs in the communication business for this communit, that has happened. I am amazed that it hisn't received any more publici�y than it has. I know that the News and tie Herald covered it, but certa aly not at the 1,.!vel of the importance of what has happened. To put it in ,noth er way, this is as if ABC were to decide to move, and don't laugh about it because Spanish International Network ha3 a market of 20 million people Mr. Carollo: They certainly do. Mayor Ferre: And internationally, it ):as a market of 50 million, peopl Mr. Carollo: So move. Mayor Ferre: So there is a motion by Carollo, second by Plummer. Flit t,.-i- discussion? Call the roll on that. The following resolution was introd,ced by Commissioner Carc:lo, who moved it adoption: R£SOLUT10ti NO. 82-578 A �ZESOLUTION EXTENDING A WARM WELCOME TO THE SPANISH IN 'ERNATIONAL NETWORK FOR RELO,:ATING I.TS NEWS HEADQUART-RS FF iM WASHINGTON, D.C. TO MIAMI, FLORIDA. (h!re follows body of resolution, omitted hereir and or file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: APES: Cc,=issioner .1. L. Plummer, Jr. Cc-,missioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Mo or Maurice A. Ferre NOES: None. ABSENT: Ccmmissioner Miller J. Dawkins 7 i - S �LIJTE TO AffFRICA FESTIVAL, G�'ANT F1/N1)ING, CLOSUI'.E OF -;T".EET' —POLICE ASSISTANCE- ETC. Mayor Ferro. Mr. Yuken, you and Virginia have a presentation to Oie Ciiy Commi sis i on . Mr. Solomon Yuken: My name is Solomon Yuken, Executive p rector of t1li Colc,a,bus 110 el and Chairman of the Executive Committee for the "Salutc- to the Amer cas" Festival, "Salute to the ,Americas" is a project wade POuSIbIP h,Y the joint efforts of the 'tourist: Development Council., ;4 30 Il�id A =t®@* Mr. golomon (Cont'd) ... downtown hotel group, thv Downtown Miami husinessmen's Association, the Dade County Department of Tourism, and the City of Miami Office of Visitora and information. It is composed of a aeries of festivals to be held through the calendar year, celebrating Independence Day, or a special national holiday of the Forth American, Latin American and Caribbean countries. The first festival will be in the United States, Independence Day and the Venezuelan Independence Day Celebrations will be held July 2nd through July 4th and the second, the Jamaican Independence Day duly 23rd through July 25th. We feel that it is in the best interest of our State and local governments to show our neighboring countries that were grate- ful for the friendship they have shown towards Dade County during the past decades by.becoming an integral part of our community, by frequently visit- ing our cities and by making us the largest exporters in both tonnage and dollars in the United States. This joint effort will show to the govern- ments and people of the Latin American and Caribbean countries that they will always welcome as American brothers and sisters by our community and that Dade County is coming of age as an international %:,,.ty through its resi dents, culture and commerce. We respectfully request from the City Commis- sion for the first two festivals which are the United States and Venezeula on July 2nd, 3rd and 4th and the Jamaican festival which will be Tuly 23rd, 24th and 25th, the following: $10,000 seed money-, showmobiles of the Rec- reation Department, the closing of the streets f!om Biscayne Boulevard to 3rd Avenue on Friday, on Flagler and on Friday f-cm 9:00 A.M. until 9:00 P.11. and the whole Flagler Street after 6:00 P.M. on Iiiday► Saturday and Sunday That is for the two festivals and we also need ti-t Police presence for traffic purposes and s-:curity purposes during fe: .ival hours. Those are the items. Mr. Plummer: Question. Who is going to pay for he Police? Mayor Ferre: Well, he's asking you for it. Whai in e`fect he is saying, a. I understand, as you see, they have a committee 1 !re sponsored by the Downtown Business ASsociation. They've gotten from the Cc inty -s commitment of $10,0 per celebration. Right? Mr. Yukon: Per festival, right. Mayor Ferre: Now, obviously we cannot match that, I mean we can't even comf close to that and I think they've got what, 8 or 9 this year? Mr. Yukon: We have 8 this year. Mayor Ferre: So that's $80,000 and so what they're asking us to eo is to pitch in and help them a little bit. I met with them, J. L., and I told them that we just cannot match the County, we're talking about a smaller amount, I think trey were. asking for how much? _ Mr. Yukon: $10,0c0. Mayor Ferre: For the Thole thing. You're going to pay for the police, they understand that trey're paying for the police. Mr. Yukon: We need some police for traffic and we're going to pay for 5 policemen within the festival area. Mayor Ferre; The administration has been working on that, helping them, so that there is not an overburden on the police, you know, so that if what they really need is 4 policemen they don't have to have 15. Mr. Gary: 10 police, they're going to pay for 5 and we're going to give 5. Mayor Ferre; Okay, so is there a motion? Ki . r unriner; So move. Mr. Pere:; 1 second. Mayor Per re; Moved by Plummer, seconded by Forest. the retest tha $10,000 be granted to them for the festival.... The ever-expanding fetstiva l ends. Further discussion? call the roll, - - n r ThF- followinq motion was iritrodu� ed by Commissi, ier Plumm, r whr, m- red it: adoption: MOTIoN NO. 82-579 A M JTION GRANTING A REQUEST MADE BY REPRESI NTATI V ES OF SAI 11' TO )& ERICA FESTIVAL FOR CITI FUNDS IN THE 701OUNT OF ',10, 0( •.) IN :ASH, THE USE OF THE CITY RECREATION DEI'ARTMENT' S SHOWh )B THE CLOSING OF FLAGLER STREET DURING THE FESTIVAL FRoM BI1 ,A 1T TO 3RD AVENUE AS FOLLOWS: a) FRIDAY, JULY 2ND BETWEEN 9:00 A.M. AND J:00 P.M.; b) SATURDAY, JULY 3RD BETWEEN 12:00 NOON AND 9:00 P.N.; c) SUNDAY JULY 4TH BETWEEN 12:00 NOUN AND �,:00 P.M.; AS WELL AS COOPERATION OF THE CITY OF MIAMI POLICE DI'PART1 EN': IN CONNECTION WITH TRAFFIC AND POTE14TIAL SECURITY PROBLEM , SUBJECT TO APPROVAL OF THE PLANS BY THE POLICE DEPAR714ENT AN. BY THE CITY MANAGER. Upon bei ty seconded by Ccmmissio, ier Perez, the IT Iti:.r. was passt adopted by tL,2 following vote - AYES: Commissioner Miller J. Dawki:is Commis:;ioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor eta trice A. Ferr.e NOES: Non•>. %BSENT: V i c�!-Mayo! Joe Carol lc Mayor Fer e: Now, while we're talkir l about festival:, the ne:.t item is PACT Mr. Yukon flow a`.,out the clog ing of the streets? Mayor 1'ei e: The clos ng of . Iie .streets was included in the ri tion. Mr. Dawki :s: On]-,, to • he extt tit that you get- the sale, thing al plit-d to :ou t at applies t; e,eryb dy e.se, yoi must Fubmit your plan 'o the police and hey have to o pi ve i'.... Mr. Yukon le already have done that. Thank you very much. _ 24 - A'PI'.OV?' IN "^I11CIP1 PACs 11EQUEST FOR F1.R11':' "3IG 0 '1`NCE FFSI I S 'UJECT 10 A1D?:Ir1IS , I'.AT1VE REVIM.. Mr. Steve Parsons: My name is Steve Parsons, I'm the executive director and founder of the PACE Organization, co -producer of the Big Orangc Festival. We're making our annual appearance once again before the City cf Miami C:)m- mission to request support similar to last year's support of $15,OCO in sup- port of. o ,r Big Orar— Festival. This will be the 5th Annual Fig Orange Festival, over the three years, in fact, we have eceived support from the City to the exto.,° of $25, 000. The Festival was a four mor th festi.,11. this year, it started in February and ended ir. May, it had well over 15( events, it had two sell -out concerts with B. F. King, two sell-outs wits. Gato Barbieri .1nd Miami Sound Machine, a concert with John Lee Hooker, John F:immor, at Gusmar, and a performance with the Tommy Dorsey Orchestra..... Mayor Ferre; Steve, we know you have great orchestras and great. present,tion but the nut of the issue is this: You're here asking for $25,600, You :ame to :ee me yesterday and I told you to show up today. Why can't you go througi the proce are like everybody Mr. F'arso We've been receiving, last year we were bounced tut of thv• proc:t bec,use o the line item appropriation that we receivers in the two previous yeas hef re that we were asked to just go to the.,,. May .r I•'e► ,y: Ye::, but you to] i the that that created a problem for you a t i P WI al, st, t h,ltS w1 11 1 wo ,t you O explain to the 'otgtlliSSl an, i r Mr. PatS )ns: Okay, much of our eltpenses, especially this year, w-.� have A specially created portion of the festival which is a marketing -0fnpoh(.t1t which is to turn the festival now after five years into a tourist genetot- ing evet,t tathet than a tourism sati!,fying event. Because of the inter- national and national marketing that we need to do, we need front ehd fLlds that-att supposed to be coming in the: early part of the summer rather than late as received in the past. Mayor Ve:•re: Okay, Steve, what is your yearly budget? Mr. Parsons: The yearly budget of the organization is about 1.2 trillion dollars. Mayor Ferre: 1.2 million dollars, it is without any question one of the most successful nuzic series in the country, is that correct? Mr. Parsons: I elieve so. Mayor Ferre: An; you make your presentations before. the Cuban corimunit}, the Black commun ty, senior citizens, children in school, explain that so that we can get hat on the record. Mr. Parsons: We 1, we just came back from New Orltans and in New Grlean; there is a plagt by Louie Armstrong that says there is no Black, Latin, :reen, Jewish, t itian, there's no kind of music, there's only two kinds of rusic, good musi and bad music; and we work with all the communities, a3 + matter of fact the organization is a multi -ethnic agency and our program- ming philosophy s as such. Mayor Ferre: Ok y, so the question, Mr. Manager, is ... Mr. Manager, the problem is becau a of the time constraint on PACE they need to kind of know whether we're go ng to be there or not and I hate to by-pass the established committee and I', sure Mendez will be all upset with me and all that but the problem is that hey really have a time constraint. Do you have any obj:c- tions to that? Mr. Gary: Mr. Mayor, I have no objections and we think PACE has a good pro- gram. What I wcild re_ommend though, however, is that if you approve it today that staff be instructed to send a letter to the Festival Ae�;.sc Committee expla-5 ing t.) them the position of the City Commission. Mayor Ferre: YE , anc I think it. would only he in principle and ,.bject to negotiations wit you for any requirements that you would have. want to make sure that a en trough I know we are, but I want to make sure that ou document that we re getting mere than our fair share. I know tha. the ajor- ity of these cot erts.... How many concerts do you have a year? Mr. Parsons: We do 1,370 concerts a year. Mayor Ferre: YE., I know that the majority of there concerts are in t1: City of Miami, but I !ant to make sure that that is properly documentei and %hat you're satisfied that the Black community and the Cuban community and tite senior citizens ind tle children are getting their fair share of -these presen- tations. Mr. Gary: Yes, 'r. Mayor. Mayor Ferre: Al rigtt, Plummer moves, is there a sec.:)nd? Dawki is seconds. Further discussi)n? Call the roll. The fol.lowiig motion was introduced by Commissio: tr Plummer who mooed its adoption: MOTION NO. 82-580 A MOTION OF IWE CIT f COMM13SION APPROVING It PRINCIPLE A RW .: - ST FOR FUNDS It THE AMaUNT OF $25,000 MADE BY ''PACE", SPOZ;SORS THE "BIG ORF NGE FESTIVAL"; FURTHER REQUESTING OF THE C9 TY ADt, [N- ISTRATION TC WRITE A LETTER TO THE FESTkYAL, ADVISORY CCWTTI EXPLAINING 7 HE POSITION OF THE COWSSI&P ON THIS PARTICULAR ISSUE DUE T( TIME CONSTRAINTS; THE ABOVE BEING SUM= TO THE CITY MANAGE1 NEGOTIATING WITH SAID ORGANIZA7I0N AND INURING F THAT E'IERY MP IS PROPERLY DOCUMENTED, being mc9ne ed ))y C..)VV4psi per Daw>�zns, the mot gA was passe and F 33 - .�uN 0d1000 adopted by the following vote -- AYES: Commissioner Hiller 1. I wkini Commissioner Demetrio Pei z, Ja. Commissioner J. L. Plume r, Ji. Vice -Mayor Joe Carol o Mayor Maurice A. I'ez -e NOES: Nonc. ABSENT: 40nze. Mr. Parsc-is: Thank you. 25 - G:ZANT REQUEST FOP. REEKED nEIIT : FLORIDA STAI : COIVI::GI01' oil EISPAOIC ASFArS-LITTLE 11AVAtIA C0KT UlITY C17Y"'12.. Mayor Fer.re: Now we have another pocket item, and I think th::t is the last one that L have and then we can get on. Dr. Jose ;bar: I'm Dr. Jose L'bar, I'm the executive director of the Florin. Sti to Cor nis:iion on Hispanic Affairs. Mayor Feire: Dr. Ebar, I don't think we heazd you, would you speak into ti microphone? Dr. Ebar: I am Dr. Jose Ebar, executive director of the Florida State, Com- mission on Hispanic Affairs. I reside at 17300 S. W 109th Avenue. The rc „n wiry I come before you is because we are currently to ants of the City of Ma ni at 900 S. tti'. 1st Street and we find ourselves in the unique position of be., th�a only tenant in that building, in the Little Hava.a Community Center cut rently Flaying rent. That is one item, the sccond itt-n is that., of course, bel:ause of budgetary cutbacks we have been forced to gut staff and since wE ar,� a research institution, w-� would appreciate a waiver of the rent. Ma or Furre: All right, Mr. danager, I knew this was going to come uF and cane up quicker than I though_. Remember we discusse3 this 73st time with Deia Spillman and I told you that what was going to t.ppen, this was going cone back and plague you, now here it is. Here is t1 : Chairr,in ar,d here is the committee and they're saying everybody else is p&•ing but. them and why shiuld they pay and sc on and so I think what is sauc . for the goose is sal fcr the gander. Sir? M:. Gary : is he payii q no%g7 Mayor Ferru: He's the only ene paying. Mr. Gan,: Ile' s not the only one. Mayor Ferre: What he is saying is that they can't a -ford and we're furcin, th.=m to fray and either you make everybody else pay o let them off the hool be-:ause they have fiscal constraints. Now, you're getting yoar money from th . Stat -., aren't you. Ili Ebat : es, sir. Kr/ ,r I'irr re ldow, my quest ii,n to you is if you've g. t money from the Stat• wir; !;h(Puld y„rt Iiut thl. burdei. on the taxpayers of th, City of Miami? Dr. !:!>,r : It is a fait, ques, ion, Sir, we're statew de, we hive been base in Miami for the past four yi:ars. We have another o fice in Tampa. I an not trying to butden '.he Cit-f of Miami undu3y, however, the bulk of the Hi Fame population whico is served is down here. So I would suggest that insofar as 1 am prima--il.y a servant of the Hispanic lopulation whose resi- dence is down here th,t it should also return some o its moneys to a in this sense. Mayor Ff-rre: Well, l wa,itt y"u to know that this CQTr..,jission bap a very yoo recoz ._1 „f" returning a ,Tray to the Hispanic ccmmunity so believs me you get your fa � r ~hare. f +i :: got no pro):�letns with this CXC:(. t, Ar, mar, if you, C §@tting ifibhey froffl the State and it's State fi.tided eind why ate you insist- ing on putting the burd6h oh the peop._e of Miami$ ilia tai:payers a ^e going to have to pay for this. be. Ebar: Sir, the situation, the wav I understand it, has been is fol- lows i For the past three years we ha,,e hot rc ceiveci an increase It alldea- ti6h from the State. At the same time, we hay a c-oh+ i nued to deliv -r the service.... Mayor Ferret Mow much is involved, D:-. Ebar? Dr. Ebar: $4,000. Mayor Ferret Well, I'll do whatever the major ity o:' -.he Commissic i wants to do. Can we split it in half? Dr. that: We can work out any arrangement yo want. but let's briig it down. Mayor Ferret All right, there is a motion by Dawkins, seconded b} Carollo that this matter be split right down the mild e. Further discussi)n? Call the roll. The following motion was introduced by Ct mmiss caner Dawkins o io moved its adoption MOT10N NO. 8. -581 A MOTION ACCEPTING A REQUE!'T MADE B� THE "FLORIDA STATE 7OM- MISSI�)N ON HISPANIC AFFAIR:" FOR A }EDUCTION OF THE RENT THEY PRESE14TLY PAY AT THE LITTU: HAVANA ('OMMUN-.TY CENTER AND RE- DUCING SAID RENT BY HALF, TEND SETTI'.G THE NEW RENT AT $:,000. Upon being seconded by Commissioner Caro lo, the motion was issed and ado-ted by the following vote - AYES: Commissioner Miller . Daw..ins Commissioner Demetrio Perez, Jr. Vice -Mayor Joe C rollo M.iyor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Pl, mner, Jr. Mayer Ferrer I would zommend you to the Metripolitan Dade County Commis- sion, perhaps they micht think they have an o',ligation too. . Ebar: Thank vou, sir. 26 - CONTINU: D DISCUSSIOO: SOLID WASTE DEPARTiff. "T. Mr. Dawkins: I ust r-poke with the media, ani they raised a question that I would like to clear ncw. I have no problems it all with my Managt-r in my statement concerning the Sanitation Department, but as the chief administrator, it is the Manager's responsibility for those +ho work under him aid when I think that they ire nct functioning in the bect interest of the City of Miami I think as an elicted official it is my duty :o inform the Manager and I'm only informing tie Manager of how I feel abou. the 'anitation Department Head. Thank you M ail 27 GRA:1,7 REQUEST: VISPANN I:CRITAG I",-STIVAL WEEK F01'. Rnil)'IT 111SPA111C SOi'G FES1 IVAL (OTI F'E 51IV:1L) . Mayor Ferre: Yes, sir, Mr. Adams, you have a pocket item. Mr. Larry Adams: Mr, Mayor, it is my understanding t.-it Mr. George Volsky had Placed an item to the Clerk for.... Mayor Ferre: What item is that? Mr. Adams: This is the "OTI Festival" that is to be. Mayor Ferre: What festival? Mr. Adarts: "OTI", the International Television..... Mayor Fcrr(: Oh yes, that's Spanish International Network. Mr. Car.ollc: Mr. Mayor, I'd be more than happy to ac­.nowledge. I'd 1,e more than happy, as a member of the Commission, to acknowlEiapr him -o bring this up, I thinit it is an important matter that we should take up )w. Mayor Ferre: All right, go ahead and take it, Mr. Adams. Mr. Adams: Thank you very much, Mr. Mayor and Commissioners. I'm with the Florida Power ar.d Light but I'm also..... Mayor Ferre: We need your narre and address, Mr. Adams Mr. Adams: Larry Adams, 730 5aldano Avenue, Coral Galles. I 3rn hc_-e, thoi:vi,, _ as the Chairman of Hispanic Heritage Festival week. Last. year Merc, Miranc:a of the Miami Herald was the chairperson and we have been the sponsoring orr:an- ization of an international Hispanic song festival that culminates in a tw( hour live televised program from Miami. This will be the fourth year that this festival and the TV portion of it will be from Greater Miami. OTI is an organizationof international television stations. You have heard earlier the magnitude of their thrust throughout mainly the Hispanic, portLg31, Spain, Central and South America and unbelievably, the 5,000,000 Hispanics in America who observed this particular show last year. The objc:tive is to bring together the winners of competitions that are conducts-3 throuchout the Hispanic world dealing t4ith recognition in direct competition :pf song writers, those who produce the lyrics and the singers. This produces a two lour Extravaganza concentrated on the artistic and cultural aspects of the Hispanic creative song community. What does it do for Miami? Well, ter: minute! of this partic- ular presentation is dedicated solely for our opportunity to Promote the bus- iness and the to,irism and the economic aspects of the Greater Miami Area. I have no idea, there is no one here from Channel 23 and Television industry, how much this is worth. This is a $40,000 shortfall this yeas because the Council of Arts and Sciences could not fund it. They have funded it for the last three years, The Council of Arts and Sciences yesterday through the great help of Commissioner J. L. Plummer who served on their appeals committee granted $37,500 to complete the Hispanic Heritage package. We do not have the funds, we have been the sponsoring vehicle for..... Mayor Ferre: Wt-11, hc,w much is involved? Mr. Adams, $40,000. Now, what we're asking, the $15,000 of the City of Mi.uni i:c i.o )ijo in w th $15,000 from Dade County and $10,000 from the City of Miwid beach. If tie other two don't come through.... Mr. Carollo: I- I ma, ask a question before I make a motion +.o move, for the record, how nany I eople will you reach? Mr. Adams: 194,000,000, Mr. Carollo: 1 4,000,000 people, ten minutes of time, I move Mr. Adams: 194 300,0-)0 was the ratings last year. Mayor F'e re : s wor d wide. L - • Mr, datolio: World +aide 104,000,000. Mr. Adamst Yet, 5,000,000 in the U.s,A. Mayor Ferret Is this held in Miami? Mr. Adams: It is held in Mia-ni and t.as been, :his will be the 4th zonsetUtiVe year. Mayor. Ferret All right, Marty, I'll tell you t'm vctiig with you, I'm going to go with you but let me tell you I world like +:) rend a message to Mr, Blaya and to the other responsible parties in the "( rI" that Miami has been pretty good to these guys and I know that they hold fiese things in Miami Beach because they can't find space over here, but we've got a lot of empty hotels now, we've got the Holiday Inn having troubles rn Bricke]1 Avenue and they've got a lot of big rooms there and we've got rooms all over the place. The only way that i want to vote for it is on the condition that they hold this in Miami because before now*they hal excuses, I under--tand the excusers, they couldn't find... They had to hold is at the Fountainb'eu Hotel because there was nobody big enough t) hold them. Well, we've go' hotels ever here now big enough to hold them. Mr. Adams: I'm very pleased to report to you Mr. Mayor, that it will be at the new Knight Center in Miami this -ear. Mayor Ferrer Oh, Okay. Mr. Plummer: Where? Mayor Ferrer It i3 called the City of Miami..... Mr. Adams: The Downtown James L. Knight City of Miami Convention Center. Mr. Plummer: No, that's still not right. Mr. Adams: Help me. Mr. Plummer: It is the City of Miami James '. Knight Convention Center. Mr. Adams: I'll buy that. Mayor Ferrer Okay. Carollo moves and Dawkins secc:ds for these moneys to be given from the City of Miami to "OTI" with t e stip.lation that it be held in the City of Miami. Mr. Adams: Absolutely. Mayor Ferrer Further discussion? Call the oll. The following motion wa3 introduced by -ommissioner Carollo who moved its adoption: M07ION NO. 12-582 A MOTION OF THE CITY COMMISSION GRANTING A REQUEST MADE LY THE CHAIRPERSON OF THE HISPANIC HERITA,E FESTIVAL WEEK WHO ARE THE SPONSORS OF THE INTERNATIONAL HISPANIC SONG FESTIVAL (THE "OTI FESTIVAL"), FOR FUNDS IN THE AMomr OF $15,000 AS THIS CITY'S SHARE OF CONTRIBUTION, SAID FESTIVAL TO BE HELD AT THE CITY OF MIAMr/UNIVERSITY C,F MIAMI/DAMES L. KNIGHT INTERNATIONAL CONVEN- TION CENTER. Upun being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Cotcunissioner Miller J. Dawkins Cotgmissionei Demetri) Perez, Jr. Commissioner J. L. Ilummer, Jr, Vice -Mayor Joe arollc Mayor Maurice A. rfwvF N(ES: None, ABSENT; None, Mr. Adams: Thank you for your unique support, gentle!en. Mr. Plummer: You know, Mr. Mayor, I've got to tell y, u, as an Anc.lo.... Mayor Ferret Is that what you are, Plummer? Mr. Plummer: I have been called worse and better. I last week the ratings of television stations in this community and in south Florida, and this guy also, Channel 23 would have walked away, far exceedin- every Tt' station be- cause of their carrying three world championship soccer games a day: every- where I went in all of the communities I was watching Channel 23. Mayo: Ferret You'd better start paying attention to 'hannel 23. Mr. llummer: I hear you, sir. But it was unbelievable the excitement that that was creating in this community in i_he past week as I went through. Mr. Adams: More Anglos should watch Channel 23. Mayor Ferret I'm sure that is going to start happenir:g. All right, thank you, sir. 2C - DEFER CONSIDERATIO11 OF FIRST. READ11% ORDI-ANCE. A.C. it?VESTME1IT',.C1,A11GE OF ZONING AT 3200 11. 111A21I AVENUE. CITI' C01111IFSION TO INSPECT. Mayor Ferret All right, we're now back to the Regular Agenda, we're on Item #6. This is A. C. Investments, Inc. The Department recommended a denial, the Zoning Board recommended approval 7 to 0. All right, will the Department give us an explanation as to why they recommended a denial. Is the applicant here? Are the opponents here":Are there any opponents, prol.,nients, who is opposed? Is anybody against Item 6? This is at 3200 North Miari Avenue, they want to change it from R-2 to C-5. All right, the administrat,on. Vx. Richard Whipple: Mr. Mayor, this is a request of change of zoning from R to C-4 which starts an encroachment into the resicential area. We believe the lot, that this enc:oachment would be detrimental to the residential area anc on that basis recorimended denial. There are other alternative ways that this site could be used, it could be used for Conditic gal Use Parking which would not be as objectionable as perhaps a C-4 or C-5 se and would be more corpatible with the neighborhood and on that basis we' a recomm..ending denial of this change of zoning. Mayor Ferret All right:, will the proponent explain wh . Mr. Sherman Crawford: Good morning, Mr. Mayor, Commissioners, my name is Sher -man Crawford, my o:fices are at 2801 Ponce de Leon This matter has been before this Commission several months ago when we convinced this com- mission to move an alley that was located in the back ;-hird of this property to the western edge. the diagram that you're looking .it is not accurate in that where parcels #9 end 28, 28 being the yellow portion x'ed out, the alley that is indicated sepa~ating lots 1 through 8 and lots 9 and 28 has been moved and is now on th,° western edge of lots 9 and 28. Now, we requested that move for the purpise of having a contiguous piece of property in which we could conduct busin.!ss and we spent extensive time going out into the com- munity to discuss this matter with the residents and received their enthus- iastic endorsement. i believe most of you Commissioners would remember 0W nLdiib er of pr,opunent s that, in fact, came to this treeting and spoke out ill i .,von (if i I . when we appeared before the Zoning Board with this matter to .aj,,r,gv tilt! I-orhaps i should clarify myself real briefly why we even need tl,i. rcn,ing cliartge. we started this process because. ., Mayor h'erre . but you asked for a closure.... Mr, Crawford: 't'a c:los, the alley and relocate the all-ty. Mayor Ferret That's right.. Mr. Dawkins: And at that t,i.aw I asked you di l you plait to dev, lol, the rent. of it and the answer w4s no. 1 � JUN 2 41982 Mayor Ferret No, and boy, I'll tell you you don' have thy Vott. Mi. Dawkins: 'That's fight, you just wait: M : Crawford: Commissioner Dawkins, may f explai , pleast7 M . DAwkins: No need to explain, M Crawford: At that time we explained that we c:esired to pa•k vehicles on t:,at property which is exactly what we wish to do. M— Dawkins: At that time you swindled the, at that time you swindled me into going along with you and I'm not going along with you again because if you wire wrong that time with me and you misjudged you! intentions then you will m.sjudge them again. I distinctly asked you before I voted fo- the closure o that alley if you intended to develop that property and the answer was no: M:. Crawford, Mr. Commissioner, our intentions all along as brought before the people in the Planning Department, we have been working fo- two years of this project to attempt to park vehicles in a secure environment. At t.e recommendation of the planning Department and the officials of th,s City wt! requested and obtained the alley closure. We were told at that time or were led to believe at that time that we could erect a security fence of sufficient height to secure vehicles in this business. Now, you yourself h.ve been on the property, I know other members of this Commisnion have bees oi: the property. What we had requested then aid what we request now is the right to construct and enclose a parking facility. In front of you, as part of this application, you will find the plans. We have, at the direction of Vie Zoning Board which recommended approval of this by a vote of 7 to nothing, oe have promulgated and submitted to the City's zoning attorney a restrictive c 3venant to limit the development of this. Ali we want to do ;s put an en- c ,osed parking garage in there so we :an have' security. Now, ' migt.'t poin•: c rt to the members of this Commission that when we brought this matt�.r before tree Zoning Board it was in exactly the same circumstances of a two-s-:ep f-ocess, once coming forth with the ai.ley moving and now coming forth for %he z ning change that we have here. Noy that board approved it 7 to nc hing. I might point out that one of the proponents who was present,'ie wat unable tc be here, was Mr. Jose Mendez who has workec very closely wi:h tht owner of the property and the man that has -equestec this and enthusiastically e,adorsed this as part of the Wynwood :,ark Devc.lopment. Corporation of which is executive director. Now, his endorsement was based on his contact in ,e community and the feelings of the individuals affected in -_hat area. We a e not trying to turn this into a commercial area, we have been told by the C ty Attorney as well as becoming more knowle,geable about the law involved t"-,at this is the only way we can put an enclo-ed garage. M . Dawkins: Mr. Mayor, I move that we follow the recommendation o the P anning Department and deny this application. Mayor Ferre: All right, there• is a motion on the flocs row. Is there a st cond to the motion of denial? Is there a sc cond? h,!11 I would : ike to h..ve this item deferred so I can personally gc out the-e and look ai this and I would like somebody from the Department to go ou. there with lie. I w,nt to tell you right now that my vote is no but obvi:usly there i•s no second here and I'm not going to press it any more but I want to pu': it —I t':e record so that you don't have any doubt wlere I st.nd. I think you p ayed a subtrefuge on this Commission, I thick what y.)u did i3 wrong, w en I go out there I'll let you know, you ca:: go out --here with me. M . Crawford: I would like that opportunity, Mr. Mayor. Mayor Ferre: And you convince me as to the righteousn-ass of t1is whole t ing, is there a motion for deferral? M Knox: Mr. Mayor, this is a motion for a continuation of this item? M Ill urruicer : For more information. M yur Ferre: I need to go out there first to loop at it and I need more in f, ,rmatiort so I would like to vontinue this item to l the next zoning ,meeting ia.rcl MX. Whipple, would you make an appointment for me to go wi":h somebody in t uepdrtment and to let the proponents know when I'm goiklg to he out here i can actually go out thertt ,and look att this? And let an other me^u"ers u the commission that went to. (*ay , call tie roll. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 82-583 A MOTION DEFERRING CONSIDERATION OF PROPOSED FIRST READING ORDINANCE (AN APPLICATION $Y A.C. INIVTSTMENTS INC. FOR CHANGE OF ZONING AT 1200 NORTH MIAMI AVENUE) AND CONTINUING SAID ITEM TO A FUTURE MEETING IN ORDER THAT MEMBERS OF THE CITY CO!-ZjISSION MAY JOIN THE PLANNING DEPARTMENT IN INSPECTING SAID PREMISES IN AN EFFORT TO BETTER BE ABLE TO EVALUATE SAID REQUEST. Upon being seconded by Commissioner Plummer, the motion was passed and adopted l,y tne, following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, 7r. Commissioner J. L. Plummer, tr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Nune. ABSENT: None. 29 - C011TINULD DISCUSSION: ELRITAGL COUS'ERVATI011 DISTRICT, 3033 GP.ANr AVLIIUE (SEE LAB -AL 7) . Mayor Ferre: We're now on Item 7. Mr. Plumi-er. No, we didn't 7 didn't we? X.i or Ferre : No, we l.eld up for you, Plummer. Does anybody have any ; r•ob- lems on 'tem. 7? M�. Plummer: Mr. Mayor, I want to ask a question on 7. We had another thing, M•. Pere:-, about the alley closure that you said was a court order. M . Gary: We did that. M . Plummer: Yes, I know we aid it, but doesn't that affect this part ::ular p.ece of property? What I'm .saying is I think the thing needs to be ri.!iewed a-; it now relates to that court order situation. M­. Aurelio Perez-Lugones: Mr. Plummer, my understanding is that the Ching p-ople were the ones who took the proponent of the plat to court and t!ey won. V . Plummer: Oh, they were the winners of the court action? F . Perez-Lugones: That's correct. t Gary: ....access to the alley. V Plummer: Oh, I see. Okay. And this then is their request to be onsidered a part of? r .loyk i. Mea,crs: That's right. t•� _ . IA utlune:t : This is a voluntary on their part? t. Mayez:.. I'liat's right. F Plummer-: I move with pleasure. Mr. Carollo, I rove Item 7, 1•� ~. Carollo: Mr, Plwnme,r moves Item 7, is there a so cond? n AN ORDINAWt JtNttTttb AN ORDINANCE AMENDING ORDINANCE NO, 6871, AS AMENbED, THE COMPMHENs1VE 2014ING ORDINANCE FOR THE CITY OF MIAMI BY APPtYtNG THE HEktTAGE CONSERVATION ITER2M ZONING b18TRICT, ORDINANCE NO, G871, TO T11E PROPERTY LOCATED AT 3033 GRANb AtT1 NUE (FORMER I CHING STOW AND AS bESCRIBED ON THE ATTACHED MAP, AND BY REFERENCE THEREOF tt= A PART HEREOF',, AND BY MNXING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, I= A PART OF SAID ORDINANCE NO, 9117, BY REFERENC. AND bESCRIPTION IN ARTICLE 11I, SECTION 2; REPEALING ALL OR)INANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CON- TAINING A SEVERA$ILtTY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Perez and pass:d•on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer. Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: gone. The City Attorney read the ordinance intc the public record an3 announced that cc;)ies were available to the members of the city commission an3 to the pub ic. Mayor -,,rre: Did you read the ordinance? M, . Kn •i: Ye,, sir, the ordinance was read be fore. Mc -or -irre: Oh, it was read before, I vote yes. we read the ordinance bt core. ,nd we held up.... Oh, I got you. Okay. 3i? - DEFER ACTION 011 APPEAL FOR PIPE7FRAIIE AND CANVAS CA^P03T KID DIRECT PLAIIIII14G AND LEGAL DEPARTIMITS TO DRAFT A IIEW ORDINANCE PE^1+iITTI1IG £AI1B. Mayor Ferre: The next one is Item 10. This is Argelio and Delia Cortada and Lidia -utierrez. The Planning Department recommended i denial, the Zoning Board !enied it 6 to 1, there were three objectors. Are there any objectors preset. Mr. PI ,comer: Yes. Mayor ��rre: A lot of objectors, Okay. Good .uck. Mr. Ari-.ndo Bucelo; My name is Armando Bucelc I reside at 506 S. W. 68th Avenue. Mr. Plintuner: Have you got any photos of this this g? AT THI:', POINT PHOTOGRAPHS WERE DISTRIBUTED TO THE CITY COMMISSION Mr. Bucelo: Basically what we are seeking is a variance from OrdinancE 6871 which states that you treed a minimum of 20 feet frontage for the erection of ,c i'il-v frame -type- canvas carport which is what we wou] i like to place here. Now, Jwlore you, Vice -Mayor Carollo has in front of hi i pictures showing, ii4 1a•1, the type of carport that we initially constru7ted there and were turc:ed to remove, Basically I don't see any eticroachnsnt, any hinderance or any sort with the neighbors, as a matter of fact, on the east side of that pi-operty there is a 7 foot fence which block�ps�, any View of that c rpart because I believe the objections writ no value Whatsoever, is thus that we requeit the Commission to allow us to place the carport at the residence located -it 6527-5529 N.W, 3rd Street which in a duplex, one On the past eidr_ a>>d mother one on the weft aid e. Regarding the €ront age faotage, we wQ�tic1 not meet the 20 feet requirement but we would be Weil within 19-12 feet f!om the sidewalk, tin the east aide we're well withir4 the 7 feet 5 inch 4 ,rt uirement, the west aide is opplroximately 2 fact _i1 �1 ,4; Mr. plumm-2r: Mr. Mayor, you hit it right on the head, the comment of the Mayor is "The same old problem". Mr. Mayor, 'in for; let me just speak. Personally I am involved in a similar situation. When I moved recently I had a carport at my old house which I wanted .o move to my new house. I found out "No can do", "too can do" because I don't meet the se*back problem. Mayor Ferte: Do you wart a variance? Ilr. Plummer: Do you think I'm going for a variance? You're crazy. Then et me tell you what happened. I got in my czar with that in mind and I started driving around. Now, whether these things in this community are existing legally or not, there are literally thousands of these carports in this community which I guarantee you do no. meet the Code. Some are very small little incidental things that are a pie2e of canvas and a pipe, and I think they are very dangerous because they don't meet the South Florida Building Code, obviously, to some very elaborate made out of aluminum and done in a very nice way. Then I look around this community further and I find that in'our Zoning Code, and this was brought out within a half a block of my house, will allow people to put a swimming pool in the front yard right almost to the property line, if not to the property line, legally. Ii and around the Orange Bowl I drove through that area as I go to work, wil2 allow people to park in the front yard, the 20 foot setback legally. But y!t, we say to them yes, you can park your cars there legally but no, you cin't put up anything to protect your car from the sun. Mr. Mayor, I have m, personal biases because I don;.t iiKe to gev into a hot automobile. I don't like my car being exposed to the elements But let me say to you trat this community has got to make a decision and that decision has go'. t) be if it's not good for the community and :_t's not good for the overall then I think we need to hire a couple hundred inspectors to go out and try and enforce the rule. I think that we've got to do something because what is existing today is a hodge-podge, not enforceable as from what I can see, an.1 a law that's not enforceable is not a law. 1 think, Mr.. Mayor, we need to look at this overall situation. I knew that U ese peolle are n;a. happy with that and that's, of course, but all I'm say ng to ytu is there is a problem in this community, whatever it i:s it need to be straightened out and a decision has to be made one way or .another. I am only one speak- ing that knows the problem from a personal standpoint. Mayor Ferrf: All right, any other comments from members of the Commission? Mr. Carollo: Yes, Mr. 4ayor, there certainly is on th s matter. In fact, it brings to mind of sc-ne months back this is a topic :hat I touched briefly wi-h the City Manager that I was looking to bring it c) to the Commission in the form of an ordirance so that these type of cart )rts could become le(:al according to our law and not need the feet that :hey need either way - 20 in front and 5 on the sides. The truth of the mat•er is that there is no a single street in the City of Miami that you can walk by that you don't ha-e scores of these types of carports, every single street iT Miami. In fa t, recently I went to one street where an individu 1 was putting up a fe,ice with no apparent permit anywhere and the carpor, that he was placing within just a feet of the sidewalk was a full concret, pillar with a tar ro-if over it carport, and our inspectors certainly dic-:'t seem to care. Now this is a structure, mind you, that in another year they could just put br-cks around it and pnt a door and a window and they've got another room, no'hing near like what these people want to put out with just a very simple fr,me carport that can be taken down immediately. I feel embarrassed that these people were singled out out of thousands of people in the City of Miami and that they even have to be here today in order to ask for a variant I for one am more than willing to give them a variance today and go further but I would like an ordinance drafted by the City Attorney's office so that carports of this nature like they have here and the aluminum type which is tby usher: type that cal be removed easily, can become legal up to the prop- erty line. Thesis, min, you, are only temporary structures. I think that when you have a .law th t is not enforceable, a law that is bad for the com- munity then that law should be removed and unless the majority of the mem- bers of the Commission feel differently about it than I do, I For one am willing to make a motit,n to approve this variance and the minute the City Attorney has an ordinance drafted with the conditions that I listed, 1'll bring it up and I'll mike the motion that that ordinance be placed into effect in the. City of iiami, I'll make the motion on the variance they're requesting. Mayor Ferre: Is there a second? Mr. Plummer: Mr. !$ayo , I'm sorry, I Want tp second jt becaust I can't 42 JUR 0 a I because he has included this one, okay? I think that if we'te goi.tg to do it and do it ptoperly we should hold this ,ne in abeyance, just :told it in abeyance u itil this (natter has been ret- i ewed 1-icause I see an )thee problem here that's not being said. Okay? And I think that we're took- ing at: a spite wall that is involved in this hing o ui, you know, t;iat chahgi�s matters .ompletely. Mayor Ferree You can see that there. All ric ht, look, I havr to c)ncur with Commissione• Carollo that I thin) that U is is appropriate. Cz the other hand, I cc•�cur with Plummer that this is hot the way to do it. You can't just singi shot something that right new is wrong, what we have to do is change the law so that people who want o put up carports can put up carports. Mr. Ci.rolloe Ma. I ask this of the Law Department, can they tring _his back to the Commission on time so that we can approve the ord44nance in time hefore.our August recess? In other word I do-t't want tc have to come lack after the August recess so that the we c z approve it. Mr. Terry Percy: The ordinance you're sugges ing, :)mmissioncr, wcild have to go before the Planning Advisory Board and hat is- probably a mir:imum of 30 to 45 day process. So what you could do i effe-tively not purge this particular violation until legislation is in lace o remedy it and grand- father this and other properties. Mr. Ci-rollot How soon can you get this befor the Ilanning Board, Ar. Perez? Mr. Perez-Lugones: I would say, Commissioner. that July 21 will be the date for the Planning Advisory Board Meeting. Mr. Carollo: Is that the next time Vey meet, Mr. Perez-Lugone:: It is not the next time t.ey me t, but we need -ime t. draft it and these has to be a workshop with he P1 nning Advisory 3oard and then it is fcrmally presented to the Plan ing A visory Board. Mr. Carollo: So the earliest that you could eally put this into effect would be the July 21st Meeting. Mr. Perez-Lugones: Vat is correct, sir. Mr. Carollo: Well, I guess we can't do it before A:gust then. Mr. Plummer: Jo(, let me go one step further I d- feel that it is more than just the Lai: Depe,rtment drawing up an oriinance. I think we have got to have the input. of the Planning and Zoning )epartnent becau:;e (1) I, fo►- one, want to make sure that those rules and regulations that would apply are first and foremost a safety standard that we're not going to see a freak storm as we had the other day with the 70 mile an hour -ind and it becomes a projectile going down the street. ;econd of all. I wou16 want to have some assurances from the Department that in the manner is would be placed would not be conducive, as Joe said, t) put more brick; around it and suddenly on a weekend it becomes another -oom. Mr. Carollo; We:l, I think the only way we could accomplish :hat :s by applying this to only temporary structures arl define what we mean by the temporary structures, the frame type.... Mr. Plummer: But it has to be defined. Mr. Carollo; Yes, the aluminum type. Mr, Plummer; Yes, it has to be defined. Mr. Carollo: Which axe the only two kinds reilly, that we see in lie com- munity that are temporary structures. Mayor Ferre; W am, we're going to mayle hea. this if it gets to t point whcre we're going to vote on it, I don't thine were going to Vote on this particular issue the vay this is going. All right, now as 1 ,mderitand wh+lt is happening hev is that we approve in -);incipie the i•d,.a wi;h proper constraints ant safeguards for safety reasons the idea of people be i ntl able to put cart ports . We have to 90 t� coucjh a legal procedu rp doing this iroperiy, The pc-rticuiar case before us. 1 think this item W ii be coati: ,ed until we get to a cl4riiiaati4n, I happ; i to thin]: sign-! with PlWnmt•: that there is a spite wall there and t thil that doesn't hsl N 4 19 C V. Plummer t},at there is a spite wall there and I thi-ik -.hat dosn't help Your client's case very much. Mr. Bucelc: But I don't think that should be a maiot factor in the.... Mayor Ferre: If I were your next door neighbor it wc.tld be a hell of =i m.jor factor for me if you put up wood picket fence, you know, �,id I'm sire you wouldn't be very happy if you were the neighbor then. Mt. Bucelc: Then again, if we're going to look at it that wa, we're q.;ag tc make it into a family matter, I mean.... Mayor Ferre: Precisely what I'm trying to avoid. Mi. Plummer: Well, if you want to look at it any otho•r way, cour;selor, then we'll vote on your issue and deny it right now because if not, accordi:,o to tte book, you are to be denied because your client presently today is not allowed tc-do what he wants. Mi . Bucelc: I'ni aware of that, Commissioner. Mi. Pl.ummvr: Okay, so we're here to 2onsider other c..rcumstances relating tc this application. So it is perti,-tent to the matter. Mayor Ferre: Well, I think where we are, as I sense the Commission's ioel- it.gs, or that we want to move along on the broad issue and we want to :eave it abeyance the specific issue, unless you want to push it. Mz . Bucelc: tla, if that is going to be the case, now may we r�_-quest srrt of temporary carport in %he meantime? Mr. Plummer: No, sir. Mr. Bucelo: Bused on what you have said, and I agiec with you..... Mr. Pl.umme:: 'They've already talon it down. Mayor Ferro: You've already taken down the carport: Mr. Bucelo: Yes, we did. Mayor Ferre: Counselor, my advise to you is, you knc „ you're going t• win eventually so just leave it that way because I think f you press it aid• further you're going to get yourself in trouble here. Mr. Bucelo: Okay. How long will this process take, -ust for personal knowledge? Mr. Plummer: ASP. Mayor Ferre: As soon as possible means what, six moi .hs? Mr. Manager' Mr. Perez-Lugones: Mr. Mayor, taking the case to July to the Planning Advisory Board it will be First Reading in September ind Second keadin; in I)ctober and effective 30 days afterwards. Mayor Ferre: Before the end of the year. Okay? 14r. Bucelo: May I ask one final thing, Commissioner Plummer? I agree with you 1004 the law is against us, now why would spite ke involved in this mat- ter at all...... I agree with you 100% if the vote were to be taken right tlfww 1 woul,3 loSU but why would that type of situation affect the matter? I'm just a,;kir:ct, it is .art inquiry on my part, sir. 'I, . P111=101 : because oite of the conditions when I look at a given applica- „n is (1) :unincr, (2) if I }personally lived next door and (3) what the Ils., iur i ty of the i)ec,plc would like to see. Su it is, in my thinking, one tituria hcca use I always imagine myself living next door if I was voting �n this application. Itr, Bucelc : The majority of the people meaning the neighborhoc,d, six? t, lunwner; Yes, sir, surely, they're the ones that are vitally offE ted, ttat-'s why we have a thing that says ",.,sib puties within 37 feet p ,• ,tified" and also stick ar44nd for About twQ,panytvp and Y94411 find ,othsr' it ing beCa4po I'm going W FAk : AA' Mr. tucelo: Thank you, Mayor t'erre., okay, let's explain to the neighbors wher, we are, tai.es and gentlemen, here is where Vie are in this particula2 case We are not doing to .•ule on this issue today because the concensus :)f the Comru.ssion that people ought to be allowed to properly, with Properly e;gineering an safety: precautions to put up carports. So what we are gcing tv do is we are going to co through the procedure of changing the law so that people can p1+. carte ports all over the City of Miami because they're doing it anyway and :t is something that t think we may as well face the issue but it has got to be done properly. There will be public hearings on it, we'll go throuc-1 a pub= lic process with the board, eventually it will come befcre the Commission, After we have done that, we'll bring this case bac{ and they will have to comply with the general law of the City of Miami. Mr. Plummer: Possibly. UNIDENTIFIED SPEAKER: (INAUDIBLE, SPEAKING FPOM THE AUDIENCE). Mayor Ferre: Yes, you may say something. Ms. Maria Leon: My name is Maria Leon, my address is 3(2 N.W. 55th :c-urt. If this project that ycu are talking about is for, has to be r-quire3 the measures or they can put them next to the fence of the reighbc- or what all? You have to require the 5 feet from the side and the 25: Mr. Plummer: Well, that will be discussed in the ordinance. Ms. Leon: Oh, you don't know nothing about that yet? Mr. Plummer: They're wing to draft an ordinance. Mr. Dawkins: Well, if-toth parties, in my opinion, abided by %he 5 foot rule we'd have no prolile-m--b-ecause a ence- wou-M--be--5-fDot -from the caipor' . Now, if the people who put the fence up did not abide by the 5 foot rule then you're going to have them both against each other so somewhere along the lilies both parties are going to have to observe the 5 fc)t rule or w-'re sinning our wheels. Ms. Leon: Because you know, I was thinking about ;ome F-eople, maybe they don't want to have a carport and they're going to )e against the oth:z neighbors.... Mr. Dawkins: Well, that's why we're doing it with an ordinance, so J;at those against it will have no redress. Ms. Leon: Okay, thank you. Mr. Plummer: Mr. Mayor, can I bring up a subj•.�ct right now? Mayor Ferre: No, let's vote on Item 10. Mr. Plummer: Oh, to defer? t 3 Mr. Percy; To continue. Mr. Plummer: To continue, I move that Item 10 be :ontirued. The preceding motion to continue Item 10 was ntroduced by Commissioner Plujamer, seconded by Commissioner Dawkins and pass-d and adopted by the following vote- AYLSI: Commissioner Miller J, Dawkins Cow,i&sioner Demetrio Perez, Jr, Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A, Ferre NOES: None, ABSENT; None. Mayc r Terre; Now, Plum per, Make your Motion or. the D Partment and a.:l the cAb- r s uff. JON 24 +�� Mt. Plummer: I make a motion that we refer to the Plt•rining De;,artrient rld the Legal Department to create an ordinance for a prolosed cha,ge allow ig temporary carport structures in the City, of Miami. Mr. Perez: I second. Mayor Ferre: All right, there is a motion b; Plummer, secondet by Pere further discussion? Call the roll. The following motion was introduced by (ommissior2r Plummer who mo-ed its adoption: MOTION NO. fi2-584 s A MOTION DEFERRING COMMISSION ACTION IN CONT-ECTION WITH APPEAL BY ARGELIO AND DELIA CORTADA AND LTD)A GUTIERREZ OF ZONING BOARD'S DENIAL, OF VARIANCE TO PERMIT TWO PIPE FRAME AND CANVAS CARPORTS; FURTHER REFERRING THIS MATTER TO THE ULANNING AND LEGAL DEPARTMENTS WITH THE REQtEST THAT T`HE APPROPRIATE ORDINANCE BE DRAFTED WHICH WOU11 PERMIT THE ERECTION OF TEMPORARY CARPORT STRUCTURES WI':HIN THE CITY OF NIIAMI, A14D TO BRING SAID ORDINANCE BACK TO `HE CITY COM- MISSION AT THE EARLIEST POSSIBLE TIME FOR F NAL CONSIDER- ATION AND APPROVAL. Upon neinq seconded by Commissioner Pei�z, the m tion wa° passed a•d adopted by the following vote - AYES: Commissioner Millei J. Dawki s Commissioner Demetri) Perez, r. Commissioner J. L. Plummer, r. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre N01,S: P: e. ABSENT: tone. 31 - DISCUSS' OII ITEM- G FOOT SOLID WALL S-Z:( :'"STING ?LAtTII:IG DEPARTID.flT TO STUDY PRESENT LAV FOR POE :ILL?: CF,AIIGL._ Mr. Plummer: Mr. Mayor, I would like to propose at tiis time that another matter be referred to the Planning Department. In my particular neighhorhooi .we had one._Andividual who I didn't think complied wit i the la,a but I found out did. This individual saw fit to put up an 8 foot wall, solid wood wall, around his property. Mayor Ferre: Wait un•il you see what I'm going to pt*_ up, an•l it's in your neighborhood too. Mr. Plummer: And I want to tell you, Mr. Mayor, I personally did not like it and my neighbors took advantage of neighborly love to let ne know that they didn't like it. I think we need to reconsider the heigh_ of a le,7al w i 1 1 of 8 feet. M ,y0r Ft-rs C: J. L. , I'll tell you, you don't have m) vote on that. I think t ,at anybo iy who want; to put up a wall in the City if Miami should be entitled t , put ul) a wall at airy time, I mean if people want a live within walls that's t eeir problem, N , Plummer: Mr. Mayer, that's fine, but it is the + foot that I've g,t a lroblem with. A wall or a fence I've got no problem .rith Mayor Ferre: We live in a community that is now 60% .uban that come f.om a tradition where peopl like to put walls arrjund,,,,. Mr. Plummer; Fine, Vien anything above, let's eay a 4 foot #,All has t • be r a variance, l,et me t 'il you what the Vr1 lem to 46 1 ar as I'm conce "44 2 ' r, d_ PJ a If YOU live next doof to an 8 foot wall, in Most cares your availtbilit of breeze and ventillation in your home is going to be greatly imlaired if someone next door to you has put up a stumbling 11tock, not eves a lobVered wall but solid wood and I think that is wr­ng. Mr. Catollot What is the law now, J. L.? Mr, Plummer- The law now is you can put up a solid wall 8 foot high. Mr, Carollos 'That's what I understood, so they're not in any violation of the law. Mr. Plummer: 1 agree, that's why I said I wo�ild like to make a motion to send it to the Department to restudy whether or not they want to reduce it to 4 or if they put a ventillated wall they coulC take and go up an extra height or after 4 feet be done with a variance, I just think that there should be some provisions that we retain control over a wall that high. Mr. Mayor, I would merely make a motion that we send to the Depart- ment that they review the ordinance for possible change and repor' back to thi: Commission. Mayor Ferre: All right, there is a motion on the floor. Is there a second? UNIDENTIFIED SPEAKER: (INAUDIBLE, SPEAKING FROM AUDIENCE) Mr. Plununer: Ma'am, do you live in my neighborhood? UNIDENTIFIED SPEAKER: (INAUDIBLE). Mayor Ferre: You've got to run for public office to do what you Just did. All right, does anybody want to second that? UNIDENTIFIED SPE.-MaR: From the floor, is that..... Mayor Ferre: Does anybody want to second that? 32. REVIEW COI DITWIAL USE: DRIVE III TELLER FACILITY. 1:'00 B^ICI'CLL AVE$TUE (1'AII AN.'avRICAN DAll") . Mayor Ferre: Let's see if we can move along in half an hour and yet rid of all of these housekeeping things. Item 12, review of... Plummer, we waited for you on that. Mr. Plummer: Yes, sir, are the proponents here? Mr. Mayor, I would like to ask of the proponents, could you look over here, sir? Are there any opponents to this? Come over here for just a minute, if you would, and I want to put on the record that the applicant called me and I said that I had no problem but let me tell you, I would suggest that instead of these windows being this way which I think are going to cause you a traffic problem, that you try every way in the world to put them this way and I think you will eliminate any bottle- neck. Mr. Whipple: Commissioner Plummer, for the record, that suggestion came to our mind also in reviewing the item before it went tc the Zoning Board, we did, I did visit the site and look at the constructio.i and the actual physical barriers and based upon the fact that I felt it couldn't be done because of the physical barriers that's why we went ahead with the plan as it was. T:ow, if Mr, Rice feels that there can be some changes made above and beyond what i felt there could be, that's fine with us. r Mr, John Rice: For the record, I'm John Rice, President of U. S. Development Corporation, 1200 Brickell Avenue, the owners of the property. Mr. Commis- sioner, we had our architects and our contracting consultants I must say probably make 20 studies of this and this was the nest compromise we could come up with. We did consider the proposal that you just suggested, the first thing is we neec the traffic to enter on the South Miami Avenue side and exit on Bric►.ell 1.venue, Mr, 1'lunrner: 1 Ice tf rAt. t , )lice: You access a teller station from the left side, we would hav, t- locate that seller station outside under the weather, exposod to the k ather and actLally have a structure that would be :,ot in com;,lia~:ce w�.-.h c.r setback regt:irement and beyond that. we are havin., this tra•fic CIO t;.der a part of our structure that is supported by c�lurxis and we had t ti -ve the cars azoviii those columns in a way that the- could oe . through • thout tearing their bodies up and this is really tle best compromise w could come ul, with and we did meet with Mr. Whipple at the :,ite so t'�t l,- could confirti those conditions. M•. Plummer: Mr. Mayor, I move the item subject to . one year review. Mayor Ferre: There is a motion on Item 12 with a condition, 1; there a second? Is there a second to the resolution on 12? Seconded ,iy Commis- s oner Perez, further discussion with the stipulation that the -e b,! a onp year review. CE11 the roll. M1 . Rice: Excu! ., me, '4r. Mayor, may I ask a question? Mayor Ferre: Ycs, sir. M:. Rice: I'd ike to understand what that meant because it his a very ser- ic!us impact on .his structure. M,-:yor Ferre: T:ie one year review means that in one year if it isn't wo w- ing and it comes back here you're going to have to change it at if this C(,mmission in t'.ie majc city wants you to change it. M . Plummer: 'f fiat's standard, Mr. Rice, on all of t.h, ;t? t,.,nk tellers ol, C( ndit:omal Use . M:. Rice: I just want, to be sure it doesn't impact n• my closing a lo;. next mc;nth. M,-. Plummer: it shou5 dn't at all, it is a standard procedure of this (- �nis- si.on. M iyor Ferre: What it means is if you have a traffi - jam and 1 he Froble .s t rat P.lufruner is worri(d about or that Whipple is worried about actuall,. c)mes to fruition and if this Commission reviews it and the Dfpartment recommends that you change it you're going to have c•o change : t. Mc. Rice: I see, all right. 1.4 . Whipple: That is from the Certificate of Occup.ay.y. P1, . Plurrnner: It is ove year from the Certificate v, Occupanc•. , a, we . sways The following resolution was introduced by Commissioner 'Mummer, % ro moved its adopt ' .)n: RESOLUTION NO. 82-585 A RESOLUTIO7 TO RATIFY CONDITIONAL, USE AS LISTED IN ORDINANC' u. 6871, ARTICLE XI-2, SECTION 1(9)(e) TO PERMIT A DRIVE-IN TELLER FACILITY ON THE SOUTHERLY PORTION OF LOT 6, 100 SOUTH bR]CFX-.LL'S ADDITIOU AMENDED (B-113), BEING 1200 BRICKELL AVE'•'JE, A:: N-14 111JUd.. ON PI I E, AS AN ACCESSORY TO THE PAN AMERICAN BA I( Iil"(711 AT THE, SAKr LOCATION; SUBJECT TO A ONE YEAR REVIEW BY 'Pitt., CA TY COMMISSION FROM THE DATE OF THE ISSUANCE Or THE CER' I- I'lCATL•: UP U 'CUPANCY; ZONED R-CB (RESIDENTIAL OFFICE) . (Here follows body of resolution, omitted) here and an file in the Office of the City Clerk.) Upon being seconled by Commissioner Perez the resolution, was gassed and adopted bl the following vote - AYES: Noti► , Commissioner Miller J. Dawkins Commissioner pemetrio Perez, Jr. Con,miSsioner J, b, )Droner, Jr. Vipe=Mayor Joe Caroiio mayor M44 A. Ferre ►UNwro' 82 33 COtt'TLWEI) 111SCUSS1011'. WtlDITIOVAL USt P. V St;, 2300 SW u EWT. Mayor Ferre: 'We're now on Number 18. Mr, Carollo: How about Number 13? Mayor Ferree 13 we already did, do you have any problem with that? Mr. Carollo: Well, the only problem that I .yaw on 13 was the same thing th we had on .12 whereas the area where it's at, Mr. Mayor, on 8th Street and 2 h Avenue, I don't know if you all have been by there lately but just the way stands now,'any hour of the day you have quite a bit of cars always waiting there at 27th and 8th Street so I really don't know how much more of .n effe it is going to have on that area. Mayor Ferre: Do you want to make a motion then on Itcm 13 that the srime co. dition that we just voted on on Item 12 be inserted aid that there be a one- year review? Mr. Carollo: I make a motion to include the same concitions. Mr. Plummer: Second. Mayor Ferre: Plummer seconds, we're revisit,.ng Item 31 adding this ecnditi,n. Is that legal now, Mr. City Attorney? Mr. Percy: Yes, sir. I thin: the record should reflt :t that this motion is a motion amending the previous resolution approving tlis item. Mr. Carollo: That is correct. Mayor Ferre: Further discussion? All right, call the roll on Item 1 . The preceding motion introduced by Commissioner Carollo and secoided by Commissioner Plummer was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SEE EARLIER RESOLUTION NO. 82-575. 34 - GR.411T APPLICATION BY ITTgO: VACA'll•: A1;D CLOSE WO PUT,'LIC A.LItys, BLOCK BOUilDED 3Y 1411 20 & "I STS. PM N1% 12 ANI) 13 AVENUES. Mayor Ferre: We're now on Item 18 which Metro's application for offici.,il vacation and closure of the two public, alleys locatud at 20th and 21st !;treet and 12th and 13th Avenues. This is part of the Santa Clara Station, tht. Department recommends approval and the Plat and Street Committee recommends it and the Zoning Board passed it unanimously. There are two opponents, are there any opponents present? All right, is there a motion? Mr. Perez: I move it. Mayor Feriae: Is there a second? Mr. Carollo: Second. Mayorrerre: Seconded by Commissioner Carollo, fur --her discussion? Ca 1 the oll. The following resolution was introduced by Commissioner Perez, whc )ved its adoption: RI'SOLUTI i 1N NO. 82-586 A RESOLUTION CLOSING, VACATING, A13ANDONIN1 *1 A14D D1SC(;N''TINU 1 Ia; THE PUBLIC USE OF THE ALLEYS LOCATED IN THL BLOCK Lit UNDED 1:Y NORTHWEST 20TH AND 21ST STREETS AND NORTMIEST 12TH A':D 13-11 AVE14UES FOR A COMBINED DISTANCE OF + 155'; IN CONJUNCTION WITH TENTATIVE PLAT NO. 1154 "SANTA CLARA STATION." (Here follows body of resolution, omitted tere and o:-i fil, in the Office of the City Clerk.) Upon be ny seconded by Commissioner Carollo thy- resolutic i was pissed and a(.,'opted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferry NOES: None. ABSENT: Commissioner J. L. Plummer, .Jr. 35, GRA11T APPLICATION BY HETRO: VACAT; AND +;LOSE SW 32. RD, UTVI"1 P1 EW 1 AVE. AM ItETROItAIL (VIZCAYA ST'A7 [ON). Mayor Ferre: The same thing for Viscaya Station. Are there any opponent:, here? Anybody want to be heard on this? Alright, is there a motion? Mr. Carollo: Move. Mayor Ferret Carollo moves, Perez seconds, further discussion, call the roll. The following resolution was introdu.ed by Comnissioner Carollo, who moved its adoption* RESOLUTION NO. 82-587 A RESOLUTION CLOSING, VACATING, ABAND014ING AND DISCONTINUING THE PUBLIC USE OF SOUTHWEST 32ND ROAD FOR A DISTANCE OF + 155.` BETWEEN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 1ST AVENUE AND THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF THE METRORAIL RAPID TRANSIT SYSTEM; IN CONJUNCTION WITH TENTATIVE PLAT NO. 11,5 "VIZCAYA STATION". (He-e follows body of resolution1, omi�.ted here and on file in +.he Office of the City Clerk . Upon bei.ig seconded by Commissioner -Ierez, the resolution was passed and adapted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice -Mayo) Joe Carollo Mayoi Mauwice A. Ferre NOES: None. ABSENT: Comm.: ssioiier J. L. Plummer, Jr. 36. ACCEPT PLAT: CKULAVISTA CENTER. Mayor Ferret Yes, we now have the plat. Is there a motion on Item 20? Mr. Carollo: Move, Mayor Ferret It's been recommended by the Plat Committee. Moved by Caro lo, is there a second? Mr. Perez: second. Mayor Ferret Seconded by Perez, further discussion, call the roll. a 3� I. JUN 24 19$2 The following tesoluti.on was introduced by , xmnissioiier C irol:lo, w}l. moved its adoption: RESOLUTION NO. 82. 588 A RESOLUTION ACCEPTING THE PLAT ENTITLTD "CHULA VISA CENTER", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING TIE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING TIE CITY MAi'AGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDIN. FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF D%DE CCUNTY, FLORIDA. (Here follows body of resolution, omitte] here and ; file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez the resolution, was "lsse, ,ind adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Pere.,., Jr. Commissioner J. L. Plummr-, Jr. Vice -Mayor Joe Carol.], Mayor Maurice A. Fer,.: NOES: None. ABSENT : None. Mayor Feire: Take up 21, the Plat Committee recon lends. Is there further discu sicn on this? Mr. C roilo: No, move. Mayor Feire: Alright, Carollo moves, Perez seconc.;, furthi r discussion, call the r, ll. he folll�wing resolution was introduced by C(=issiontr Carollo, who moved it: adol tion: RESOLUTION NO. 82-_89 A RESOLUTION ACCEPTING THE PLAT ENTITLEr "JOSE MLRTI PARY", A RESUBDIVISION IN THE CITY OF MIAMI, FLOFIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTE")RIZING IND DIRECT THE CIT`.' MANAGER AND CITY CLERK TO EXECUTE 71E PLAT I.ND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE 'UBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omittei here ar.', on fi1� in the Office of the City Clerk.) Ripon being seconded by Commissioner Perez the resolut. i -an was I,., ,s,. d and olopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Percy .1r. 0miunissioner J. L. Plumme , Jr. Vice -Mayor Joe Carol) Mayor Maurice A. Feri ;<x NOES: Nurse, ABSE14 ': Non+ . 91 J U N ,2 ���� s 3G ACCEPT PLAT: L411S SU3. Mayor Ferre: 22. Mr. Carollo: move. Mayor Verret Moved by Carollo, is there a secon_? Mr. Dawkins: Second. Mayor Ferret Seconded by Dawkins, the Plat Committee recommenis, firthe discussion, call the roll. The folle wing resolution was introduced by commissioner Caroll:, w:. moved its adortion: RESOLUTION NO. 82-590 A RE30LUTION ACCEPTING THE PLAT ENTITLED "IRIS SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI; ANF', ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUA WITH THE LAND POSTPONINi; THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPI-OVEMENTS tiNTIL REQUIRED 1SY TIIE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND 7 HE CI11' CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATIC N OF :,AID PLAT IN THI: PUBLIC I-ECORDS OF DADE COUNTY, FLORIDA. (Hera follows body of resolution, omit .ed here and o;; file in the O-'fice of the City Cler}.) Upon beinq seconded by Commissioner I awkinr, the resolution, was passed and adopted I)y the following vote - AYES: Commissioner Miler a. Dawkins Coffunissioner Demet rio P-arez, Jr. (: :)mmissioner J. I. PI urnmer, Jr. Vice -Mayor Jc.e Ci rollo Mayor Mauric(• A. Ferre NOES: None. ABSENT: None. 39 - AUTEORI2E LEAS"" AG.1=!: NT: =1_"11rTAr! P►aOt,DCASTIiiG CORPOPj%T_IOIi W.K.A.T. VI".GI171A I'%ZY PROPERTY. M.,yur Ferro: Now, we are on Item 427. Ttiis discussion of the )roposal received for he us,2 of Virginia Key Property Mr. Carollo: Mr. Mayor? Mayor Ferret Yes, sir. Mr. Carollo; if I nay ask just a quick 91e5tiAn before we get int) tha on the 5 O'Clock items 23 thru 26, How Many of those did we defer bofo, e? gl 3 Mayor. Ferre: We de'erred Iteas 23, .'A and 25 avd 26. Nr. C'arollo: We de erred all of thom� l~'ayor Ferre.: We ha �e. Mr. Carollo: Ok, s-, we don't have anything for ` O'clocC the r? Mayor Ferre: If we get through what we are going to do in a m ,ment, we tail be finished in a ha f hour. Mr, Carollo: That'.. what I'm hoping we do. Than}- you. Mayor Ter:e: Alrig't, now with Mr. Ronnie Bookc, Mr. Bocke? Mr. Ron Bt,oke: Mr. Mayor, the bids have been subrr, tted and th t we ere t :e only appl,cant. so, I assume that where we are is for the Com,issio to determine whether or not they want: to accept that and then to ::ove f, rward if accepted, with negotiating a lease with the City for the Ie se fo the property on Virginia Key. Mayor Ferre: Alright, thank you, sir. Mr. Manaticz, does the Imini tratit.rt recomne►id that we proc:eed this way? What's the Adr.inistratioi. , rec:, -nmend.ttion? Mr. Grim►n: I'm afraid I missed the first Dart, lna, I presume hat the: procedure is for the City to sit down and negotiate... 'Iayor Ferre: Yes, yes, what... he says he was the-:?nly bidder and tr met the t,id requi.retnez.ts and he recommends that he start r:. gotiat ions. '-Ir. Grimm: Yes, .. . ."ayor Ferret I turn around and ask the Administra• ion, do you recoml end t1.is? r. ''rir;m: Yes, ana step further, Mr. Mayor. W, would like to le them o out rt:.w to do sor e explorations of the site see hey can det, rmine what type of structures they have to build whirr we are negotiating and t)it's understc c? i that they. are Mayor Ferre: This I Bets the minimum requirements; , nd the amou is we )ut ar l all the other stuff' Mr. Grin:ur: Yes. I'l e re was a typolraphica' error n their prol osal , ; an example, they put ar: annual rental of four dollars they left eff the squa.,.- foot, but they have verbally informed me that they will correct that tnd that will be on the lease. Their sketches indicat(i eleven ac:es anc we are restricting thei:i to something less than three. They are s ne te,'inical differences, but we have agreed that we can work a:l of these cit. F:rd tht lease that we will present back to you will be legilly acceptalle as ravine conformed with the F'FP or it won't come back to yoi. Mayor Ferre: Ok, arri the price is fair, Vince? !tr. Grimm: That's the minimum price that the City estal:lished end t' it wa .he price that was established by our appraiser. Mayor Ferre: Ok, I see. By the appraiser: tor. Grimm: That's right. 5o that's one million d Itars a yva: in re :t. !tayor Teri,.: I -low mi A)? Mr. Gri fall: Weil 1 , yt 1a tale t hi-ee. ac:.r ens and t hat ' , : er a "1111t;it , 1 t iiot .a►l i square ' oet. at iuui Sal l aj,tj a t qu:tr c # otit t hat's e .i �sv tc' a ha i t` it M. i lion dollar a year in re tit. Mayor erre : hild tl tit tte,r .. . M1 . 13c. key; xty-tv , thiml,"tlid 4-1 yvar. Mr. Gr nun: Weil..l , t i, it ' :. wiwi v we., itavo to... . t11 54 ` JUN 241ion Mt. pluirdnett books like Mt, Cooke just needs to go back... Mayor Fette: That's why I was asking all these cuestions. 03ACKGAOUNb COMMENTS OFF THE PUBLIC RECORD) Rt. Booke: Actually the bid is by Hetnstadt Broadcasting. Mr. Margolis on Monday morning was informed by the FCC that there are some restriction problems that he has and the bid was pulled Monday morning and resubmitte3 without them on it, Unless he can get some further authorization by the FCC he will tot be a participant at this point in the building of the structure ant we would obviously then have to come back to the City for approval to .dd him to the tower at a later date- should he be able to secure the approval Mayor Ferre: Alright, is there a motion on ]tent 27? It's be,.n moved by Carollo","seconded by Dawkins, that the Administration be instr.cted to sit down and neg tiate for a proper lease and return to the CommiE ion for ftrthez discussion a i approval, including the desigr of the tower. Mr. Grimm: ]-'s for a guide tower. Mayor Ferre: Includinc the design of the touor, I don't want ,o end up with a... you know, with a 1-ig problem of some horrible thing that we are going to perpetrate on the people of Miami. !sir. Plummer: And also, Mr. Mayor, I want the safeguards built into that in r•egotiations --hat in no way can that tower be used to infringe upon our cable franchi ,e. Mayor Ferre; Yes, sir, that was part of the... Mr. Booke: I )solutely, that was part of... I think that was i eluded in the iTp . Jx. Grimm: I:'s in the RFP. mayor Ferre: Further discussion? 1'r. Plummer: Well, your four hundred thoisar l dollar a year a er war, also :ncluded. Mayor Ferre: Further discussion? Alright, all r-he roll. The following motion was introduced by C mmi:sioner Carol , who moved its adc )tion: MOTION NO. F '-59, A POTION AUTHORIZING AND DIRECTING 'L'HE CITY ADMINISTRATION TO PROCEED TO NEGOTIATE A LEASE AGREEMENT WITH "HERNSTADT BROADCASTING CORP. - W.K.A.T. RADIO STATION" PURSUANT TO BID RECEIVED FROM THEM IN CONNECTION WITH PROPOSED LEASING OF APPROXIMATELY THPJE (3) ACRES OF LAND IN VIRGINIA KEY, PROVIDED SAID USE OF THE I•AND WILL N07 INFRINGE OR INTERFERE WITH THE CABLE TELEVISION LICENSE RECENTL GRAJTED BY THE CITY; FURTHER REQUESTING THE CITY MANAGER TO BRING SAID PROPOSED LEASE AGREEMENT BACK TO TiiE CITY COMMISSION FOR FINAL CON•;IDERATION AND APPROVAL. Upon beiig seconded by Commissioner Dawkins, the motion wis passed tnd adopted h, the following vote- 1YES: Commissioner hiller J, Dawkins Commissioner Demetrio Perez, Jr. Commissioner J, L. Plummer, Jr. ViceMayor Joe C.trollo Mayor Maurice A. Ferr, 1 4.8; None, 0 1 u5ENT; None. 55 M 24V 4(0.) - EMERGENCY ORDLIANCC: CEANGL: 11A!111OF FIT'.?- T0. ' FIRE, RE5CU':. LII) INSI'CCT10il SERVICE'S Mavor Ferre: 28. I think we have put off, riglit: Mr. Dawkins: Did ,.e put off 28? Mayor Ferre: Did •e put (.:•ff 28? Then I'm ready t , vote ant it. Mr. Dawkins: Move it. t Mayor Ferre: Alright, Mr, Manager, you want. to e> -A ai.n this Fire Department and Fire Re-.s-:}e and all this? Ir. Gri.ry: Ye:,, si) . layer Ferre: You are goii:g to be cor.rnlidating? Mr. Gary: Ye! sir . Mayor Ferre: And I read the memorandum and the Clle!" has been to my office and showed me the chart. I: want to make sure that the building officer is a... that tilt. buildinn officer is (Doing to be a pi )fcssional engineer or an architect- Mr- Gar,.; : Ye5�, sir. Mayor Ferre: And that thu respon:.ibilitic's of tilt 1,,lildit:-r t:f! ice,- will le in-iccordaii�e wil h the _state lay.. III . Gar} : Yf, , F:r. t+ayc:,:c 1 ,1r17e: Now, inybutiv have airy questions? Mr. Car:ollo: Yes, ine qucst.ion. What's going to cappen t.�:; Mr. Salman? Mr. Gary: Th : L' s t , be d(^ided at a later date. Ma -or Fey ze : Any - t ht:r questions? Mr. Carollo: In ol`rer words, adios, right? Mayor Ferre: Any ether questions? Alriiiht, wht the will of this Commissio! Mr. Plummer: 1 mo•,e it. Mr. Dawkins: Second. Mayor Ferre: Alright, Plummer moves it, Dawkins seconds, is there any further discussion on Item 28, which is the consolidation of the Fire Rescue Inspection Services and the discontinuing of the Department )f Buildiag and Zoning Inspection Department. Mr. Wilt. W:clkington: Wall Walkinqton, president of the Bu.lding Trade. You knf�w, wr• ,,re talking pretty fast about an organiz ition tha :'s been with us f(•c I,jr t y !,Umc• t+dd years. You can appreciate my tanding in representation of I,Ii.oi lo, 1 inq that we 1i•ive had something workii g for us is number one, wc! J c ul t lit (�ijghout. the nat ion is one of the best , odes and building reprc-suntatiVes of construction and knowing that % e have got the best, we just don't want to see something slip by real quick. We don't hear much discussion on it pro or con. It. come up to us re.1 quick like last Friday that this was going to go through real quick and nen we found out on the radio it was on the agenda. And to know that it'- being switched from a deparc.ment that's functioned for, Lord knows, I g•.ess going back I)ettr•r 3 than forty years aid it's going into another head .. under another heat]. Wc- i don't mind progre.s, but in this day and time whet: we are nuut one ir, t!',i.!. t State with what we have, we wouldn't want to see t take a stem l ckwards J UN 56 by going into another department; We know what h.ts been established and )w It operates. We feel Very confident in what the operation is. We just. a t't want to see i go another way. Mayor Ferre : bet the see if I can answer yo , perhaps other meinbvts of th Cotttiitission might want to elaborate. I want to first of all, say to you tl it this Coittimission and everyone on this Commis: ion has a track record as to ! )w We have dealt with organized labor within Ue City of Miami and 1 think it's a good track record and I personally want tc. say to P y y you publicly as I hav, on other occasions that other than Claude Pepper, I will no bow my head to anybody as to my voting record with organized labor and the unions. I think that I have, for the nine years that I have been here, been one of the best friends that the labor movement has had in any government anywhere in Florida, ok? And I think that this whole Commissi has been that way on labor issues. Now, so, I'm not about to do anything that's going to affect the labor movement or the working men of this community. A:iything that ii done thkt doesn't work properly can be undone and I want to tell you that I wouldn't hesitate one second if I figured at any time tha_ the unions or the working people of this community were it. anyway being impaired or that the construction industry was being impaired. Now, the second thing I want to tell you i,. this. The function of a building permit, th•i function of an inspection, whether it be electrical or plumbing or mechanic:al of any kind, it has to continue and it will continue and it is regulated by State law. All we are talking about here is how the organization and haw the structure of the organization functions. Now, what the Manager has c.3me ut with after a long history of deliberation and discussion is to put into law what in effect already exists. In other words, for the last six months or so the Fire Department has had the effective control of that department and they have been running it. And Chief Teems who is here with Chief Brice has been running that department. Now, I want to make one more stat•�ment. We are all influenced not only by what, but who. sometimes I wonder if that's the right way to do things, but we are influenced by who. We hive Chief Hickman who is sitting in the back of the room. We have Chief Brice who is sitting here and over the years these two men and their predecessors, because we have got to give t'•eir predecessors some credit too and some of those that are there now hav, established the City of Miami Fire Departmen: is n my opinion not only the !xnber one Fire Department in the nation, but is think and I say this with all Sue respects to my friends in the Police Depa:tmen+. and in other departments, �_ is the single best run department of any go;ernm-:ntal agen -.y anywhere in Sc -itheast Florida. There is nobody that can cl Am that the Fire Department of the City of Miami is not the k)est run department of any governmental agency anywhere in Southeast Florida. That in-lude:• Metro, Broward County, Monroe, you name it. This is the number one department in this part of the world. They have a record of excellence, _hey }now what -_by are doing. What they do they do effectively well. There has never- been a - scandal. There has never been any implication of wrong doing. nhere is tug hanky panky that goes on and you know, the trouble with hanky pat,ky is tha(- something like that lives to plague you, you know, because .is long as... Some- people say "Wall, as long as they are friends". Well, what happens if it isn't friendly? What happens when it creates a division? 'There is only one way we can rut. things and that's on a straight and above board. And I think that... I feel very comfortable, I feel very comfortable knowing that someon, in the Fire Department that has the reputation for honesty and i-.tegrity and for effectiveness and efficiency is over looking the whole proce3s. Now, I':t not in anyway implying, nor do I mean to imply, nor should it be misunderstold that I feel that the past was in anyway dishonest or uneffe.tive I am sayi:►g that I an sure that the Fire Department will run a clean op.ration. And sini:e there... I don't think it's any secret. In the past ten years, 'ifteen year., that there isn't, there isn't five years that go by when there i,cn't some grand jury investigation or somebody probing into what's going of in the building departments of this community, including the City 7f Mitmi's, When Paul Andrews was here, that man was like a,.. he was so nervous I couldn't,, . he would come in and he would say "oh, I got terrible news for you. Ve are being investigated and we have got this and that and yoi know, t}ere is about four or five people". I said Paul, do you have the facts? "Well, I think that some people are taking money on the side". "Well, Paul, we hav(- got to stop that immediately, you know". And it took... sisc months !ater we were still in the middle of the investigation. You.., Chief Hickman was the Chief then, lie remembers that we had two 'or three fire fighters who's lives were t?reatened and we never quite got to the bottom �f that because we cleaned it up a little bit and there is always this thin l going of , think th.tt it's in the best interest of everybody to know tiat there is a t ight lid on this thing, Now, 1 think that the- present system unde7 Direct >r gl 57 ,JUN 24 19132 ralman has been credible. I think he has done a g ,3d job. I don't think that tome of the people that have been Linder hini have 6 %e such an affective job and I think that there have been a lot of problems that have gene on and m afraid we haven`t been able to put quite a prier handle on it. t feel I must say that since Mr. Teems has been in there 1 feel a lot more comfot'tabJv that a lot of things have been tightened up and 1 '.-t.el good about that. And all we are effectively doing here is we are effectively puttin') into law w-iat already is being done anyway. Art? Mr. Art Fernandez: Mr. Mayor, my name is Art Fernand=�z. I belong to the loci,' s-2gment of the building trades also. The State Federation $wilding Trade. I concur with you a hundred percent. What it was I believe it was a lack of communication on... as far as communicating wit;: Mr. 14alkinuton here. I concur with you a thousand percent and I just want. to say that it is Going to upgrade the division. Also, I'm in contact wit..'.; Lary Teems and also Luis Jimenez. Luis Jimenez explained to me what -,-e process was taker. and believe me I'm well pleased with the enforcement. Also, don't forget don't cut yourself short. He is doing a fine jol� also. 'thank you. Mayor Ferrf': Art, ;,ew Jimenez is also, Luis Jimel:t 7„ rll: iht? Mr. Fe1,TlaIIde Z: Ri.glIt. Ms. 'Il:u.';` Burtman: Mr. Mayr, my name:, is Trudy Be '!mall. I'm the Government Affairs liason for the Builders Association of South Florida, 15225 Northwest 77th Avenue. I'm real pleased to hear the cooperat icy:i of the city Manager along with the Fire Department and the representat-,ve-s of the Trade Unions. The concern that my builders wanted to express here was that the building - official would be reporting at this point to the F'_re Chief. Their concern would 1,e that because the administration of the Bu ]ding and Zoning Departmer, would le taken over by the Fire Chief their expert -see wc:uld probably be in life safety and fire prevention rather than constr ction. Especially, the brick and mortar aspects of it in addition to the •,conomics and the business aspect of construction. So, we are hoping very, v.ry Ruch that, that effort would he coordinated so that we don't have someone who i:; supervising a funct that tl j2y are not. expert, in. Mayor Ferree- l.et me answer that. In the first pl.:ce there are: State laws that are very strict about who call approve and who can do what. Now, ill the secvncl place tht� people that, will be inspecting th, electrical, plumbing and other requirements and approving_ permits will be people that alto technically proficient and qualified tc do so. In the third pace just because it's never been done before in the City of Miami doesn't mean that it won't function. It has beer, done in other communities and I think his will be a major break through because this is one of the first major cities in America that is consolidating these functions. Now, true, the Fire Department's main function is to save life and limb, but they also have other proficiencies as they have shown. For example, this Fire Department was the innovator of the medical service on an emergency basis, which has nothing t- do with fire. It's a related item, but people wl,o have heart attacks hats got nothing to do with the fire. And God forbid if something should happen to you right now and you were to drop right there, I want to guarantee ou, I want to guarantee you that within two to thrc-e minutes maximum you w- uld be.., yc7u would have oxygen, you would have an electrocardiogram machirn- put to you, you would have paramedics and you would be in an ambulance c, your way to mercy hospital and that's something that we were innovators. And I want to tell you that I expect and I want to say to the Chief and to Mr. Teems that i will expect that we are going to have that same kind of qualit' performance. and innovation and this is going to be ... when you go to the Chief.; Conventior: next time, you are going to be able to brag about this and I hope that you ar.- going to have a letter from the Builders Association of Sou':.h Florida saying that. they are proud of the improvements that you have pit in and the smoothness of the operation under your control and that indeed you are not just &-a ling with fire and fire problems, because as she has pointed out plumbing has nothing to do with fires. And I understand and V:l going to put into the record the letter from Paul Brenza the Executive Director of the Builders Association of South Florida on this item and I want to repeat once again that if' there is ae,y problems I want you to come right here to this Commisspn and we will. hold a public hearing and if we have got to reverea and unravel this, as I told Art Fernandez and Mr. Walkington, we will do it. gl JUN 2 41909 Ms. Bertmant Thank you, very much, Mr. tayor. Mayor Ferret Ok . (BAc'KGROUND COMMENT OFF THE PUBLIC RECOW ) Mayer Ferret Yes, Ma'am, Dr. Theedee Dr. Theede, SouthweE: 7th Street. Thera is something abort this ordinance that disturbs me. Iresently it is my ut,derstanding (COMMENT INAUDIBIt)... and if we incorporate the Building Department in with Fire Department, my question to you is do these leople become exempt also or do we still require these people to live within the City cf Miami7 Mayor Ferret Mr. Manager? Mr. Manager, oe have a question for you. Mr. ;ary: Would you ask that question aoiin? Dr. Theede: My question was my understaniing is that people who are in the Fire Fighting Department are exempt for tie rule if the City of Miami that the} must be residents of the City of Miami. Presently the people that work in the Building and Zoning Department em)loyees Lust live within the City: of Miami. If we consolidate these two de>artment; the people that are net acti,re fire fighters will they be requires to li`•: within the City :�f Miami or will they have the exemption of the Fi*e Depar_ment also and be allowed to live in Broward County or wherever els� they would like to and L-e our taxpayers monies to spend else where? Mr. Jary: Mr. Mayor and Commissioners, i. respon a to that giestici residency requirement that exist presently is goveried by ccr Civil Ser✓ice files and in addition to the Fire Department personnel and he Police D>partr ,nt personnel other employees have the opportcnity of going before the 'ivil Service Board and requesting a waiver of their rr idency requ remer. s. S), that particular provision exist right now Dr. "heede: Now, you are talking that everybody hat works for any department in t).e City of Miami can ask for a waiver of resi 'ency requirements Mr. Gary: That's correct. Dr. T):eede: So, then that this residency requireient simply a farce and Should be eli ninated? Mr. Gary: Well, I won't answer the last cuestion, but I can cell y u right now that the residency requirement is not as stringent to insure th t all persons we employ is living in the City cf Miami. Dr. Theede: I didn't understand you, sir Mr. Gary: I only answered the last quest. on in terms of it being a farce but I can respond to you that the current residency requirements fo the City of Miami are not stringent enough to insure that all employees of th. City of Miami resides in the City of Miami. Dr. Theede: Mr. Manager and members of tie Commission, the City of Miami have many talented people. It's my tax mcney and the tax money of every person here that pays these employees. It's beyond my conception ttlat someone should live in Broward County and commute and take my tax money and spend it in some other community and I think... Mayor Ferret For once you and I agree an( I want to tell you something t)cat, that's something that Commissioner Carollc has bean talking akout ar.i I would like to ask Cc immis,,Joner carollo in the vc ry near future to come... he ha:, been working c-r: this for while. I think we neee to come back with a re.csonable and humatc appi oach to the problem, because I don't think that somebciy wh has owned a home itt Browai d County for twenty yeai i all of the sudde !i we, . but on the other hand I think if someone has a Cit., automobile and lives n Broward county and is taking the City vehi.le off to Broward County, I iu:t don't think that's right, Mr, Carolio: Well, not only that Mr, mayort but teat person .s cos*ing t e City of Miami probably top dollars a day Est on tie gas that the C - t y pa 9 J u N 2 19Orl 9r for h-m to drive back and fotth home. find... Dr. T1 eede : Sir, I'm talking abri.tt new eml 1-+yeeS :,cZ.I'tci ::orgy I'm totalitarian enough to expectt these people t,: gives up their pki-es to li Mayor Ferro: Dr. '1'l:eede, that's all finer ai I th nk tlh,:et's :;:;m�_�thing we cat. address, but we are now on Item 28. Dr. Tl eede: I know, but it goes back to this ordi• arse. In other words I know that the City• of Miami has willinRIv set as de anyone that wants , o work in the Fire Department where they live. This is has not been sometling that they have enforced. With the rest of the Cite they have crone along with enforcing it to some degree and I think somewhere n this ordinance, you know, we should address this issue. Mr. Carollo: Ma'am, I think the problem i�- that I .an ur,ders:and how so. eone that nay be makes fifteen, twenty, twenty-five tho sanci dcllar a year m ght have a probler finding adequate housing in the Cit_ of Xiami. Let's fac it our occupancy rate is extremely low, less than one percent. H,,. evel, I an't understand fo the life of me how someone that mig'.t make six.,, seventy thousa;id c3oil rs a year or more, beside that gets t car: and Q.v can't fi d adequate hods ng in the City of Miami. The probler that we are having i that tiie vast majority of the department heads, assistant department hea s that a••> have that the people that are makin,.: polio for the City of Miam don't live in the City of h'iami. In arse do artment recently wi,F-ri I requ, sted where the top administrator, of the department. livid, all twenty-three o them 1 _ved ciutsi.de the Cite of Miami and its fact s. x of t_lu m lived in Br, ward County. I just don't think that these peol It can : ive us tht> !,ame effort , care the same about the City and underst-anti the City as muc li ; f they don t live here with us. Is that the same: thing where y: u ao and Ott• eiai;t he .rs in the job in the City as to living in that city t,. enty-`(^ur 1� urs a dad There is quite a difference. Dr. Tl,eede: But sir, the main empioymelit t r:at we. . you know, every cit.- (COMJ,Et:T Z1;F,';l;lbLE)... and we should be hir,r1g fro;• within the City regard of t, f nag_. range. Xnd with this ordinancc , that v e are going to abande this ana is why I think that you shoul,t take , special look at this ordir.a-,ce l,: t arc you hastily passed it .I'm not obje Ming to the idea of the two de °.s E :.t:s being merged. I think thi::, is a bt tter utilization of y)ur mant.cwtr. ar,' I t.i;ink that dollar wise it's joing to save us money, but m; _ thing is that you are opening the door for every C.ty employee to live oatside the City of Miami and I... My tax bill in the City of Miami this past yeir was five tiv.-,us:and five hundred dollars on wu property and that's a lot o money and I want that money spent track in the City of Miami, not some hl�rr. Mayor Ferre: Ok. Further discussion can It on, 28, 1 ead thy.. ordirtanc, . C a l : lit, roll . AN t)Y-'Pl "'Al:('+ F►" r1 T1.E'. AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR CHANGING THE NAME OF THE "FIRE DEPARTMENT" TO -THE "FIRE, RESCUE AND INSPECTION SERVICES E DEPARTMENT" AND DISCONTINUING THE DEPARTMENT OF BUILDING AND ZONING INSPECTION DEPARTMENT AND TRANSFERRING ALL PERSONNEL, RECORDS AND EQUIP- MENT PREVIOUSLY BUDGETED TO SAID BUILDING AND ZONING INSPECTION DEPARTMENT TO THE FIRE,RESCUE AND INSPECTION SERVICES DEPARTMENT AND FURTHER PROVIDING THAT, EXCEPT FOR THE DIVISION OF TRADE STANDARDS (WHICH FUNCTIONS HAVE BEEN ASSUMED BY METROPOLITAN DADE COUNTY) ALL FUNCTIONS HERETO- FORE PERFORMED BY THE BUILDING AND ZONING IN�PEC- TION DEPARTMENT SHALL BE MANAGED AND SUPERVISED BY THE DIRECTOR OF THE FIRE, RESCUE AND INSPEC- TION SERVICES DEPARTMENT AND BE ADMINISTERED AS A DIVISION WITHIN THE FIRE, RESCUE AND INSPECTIONS k DEPARTMENT BEARING THE DESIGNATION "DIVISION OF BUILDING AND ZONING INSPECTION"; FU�tTHER PROVIDING THAT WITHIN SAID DIVISION QF BUILDING AND ZONING INSPECTIONa THAT THERE BE A SECTION KNOWN AS THE "OFFICE OF BUILDING OFFICIAL" WITH THE SUPERVISOR OF SAID SECTION BEING DESIGNATED AS THE "BUILDING Y 60 JUN 9 OFFICIAL'1WHO UPON RECOHMNOATION OF THE DIRECTOR OF THE FIRE, RESCUE AND INSPECTION SERVICES DE& PARTNT, SMALL BE APPOINTED BY THE CITY MANAGER AND WHO SHALL BE RESPONSIB.E FOR THE PERFbRMhNCE OF DUTIES RE%UIRED TO BE PERFORMED BY THE "BUIL'DINO OFFICIAL" IN THE ENFORCEMENT Or THE SOUTH FLORIDA BUILDING CODE WHICH CODE HAS BEEN ADOPTED AS THE BUILDING CODE OF THE CITY OF MIAMI BY ORDINANCE NO, 6145; FURTHER PROVIDING FOR THE REPEAL OF ORDINANCE NO, 8985, ADOPTED SEPTEMBER 27, 1910o WHICH HAD ESTABLISHED AN ANNUAL BUILDING INSPEC- TION PROGRAM BY THE FIRE DEPAkTMMNT WITH A SCHEDULE OF FEES FOR SAID 1NSPECTIONS; MORE PARTICULARLY . AMENDING THE CITY CODE BY REPEALING SECTIONS 2-69. 2-7Q, 2-71, 242 AND 2-73 OF SAID CODE AND BY AMENDING AND RE -NUMBERING CODE SECTIONS 2-74 AND 2-75 TO CODE SECTIONS 2-88 AND 2-87, RLSPECTI"VLL'Y, AND BY RE -NUMBERING SECTION 2-76 OF SAID CODE TO CODE SECTION 2-86; FURTHER AMENDING CODE SECTIONS .2-81, 2-82, 2-83 AND 2-84 AND BY ADDING A NEW SECTION 2-85; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkilis, 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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Vice -Mayor Joe Carollo. Whereupon the Commission on motion of Cornissir.er Plummer and seconded by Commissioner Dawkins, adopted saie ordit..nce by the following vote - AYES: Commissioner Miller Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Pl uitrite , Jr. Mayor Maurice A. Ferre NOES: Vice -Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9457, The City Attorney read the ordinance into the riblic record and announced that copies were available -to -the members if the City Commission and to the public. ON ROLL CALL: Mr. Perez: I want to point out something. I think that this is (COMMENT INAUDIBLE)... I would like to recognize today the people (COMMENT INAUDIBLE).. in my office support of the Director of the Department, Mr. Gerardo Salman, who is a well known person and (INAUDIBLE)... person, a professional leader and a person who have shown a strong leadership in his position in the City of Miami Zoning Department. I would like to recoggize Mr. Gerardo Salman. I know that this subject has been very controversial in the department. I would like to ask the City Manager and Chief Brice to make sure that all minorities will be represented (INAUDIBLE)... that no discrimination be tolerated within the department and that minorities be assured to have a place (INAUDIBLE)... in this department. With this condition I vote "yes". Mr. Carollo: I think that the intentions of Chief Brice and Mr. Teems axe honorable. I don't question their intentions like people ha'✓e had in the past. I however, have not been sold on all the positive effects that this move is going to have. At the same time some statements that have been made here, I think, might be interpreted differently,,and I think it should be pointed out that in io waye shape or fora has there been any type of allegatioi s that the present dir-etor, Mr. Balman has done anything wr'onq, On the contrar, everything that 1 ha'1e ever heard about him from peep le in V)o business of building construotio,, has been that he to an honore.bJe and professional individual and 7 thilk that he ought to be.., JUN AA++ 2 4 gl s C 117 L Mr. uarollo (CON'T): ..for they efforts hat. h, 1ias ruadc to do h_is vej, bes:, for the reasons that I have stated, 1 Vott_ no oa Lh s proposal. Mayor Terre: I've already made my statem-ent into they rec.rd, and let just further state that I am in no way, and have not mean- in any way, to imply wrongdoing on the part. of either. the Director or an body in that Depart:meut, And that is why I very carefully went to the extreme of a Inc all the way back to Paul Andrews and I used that as the a<ample, rathe that any curvent example. 1, think the point I was tr:ing, to mike is that wo hay.- trad i.tional.ly been plagued in the government, in this par',icular depar- ment of government. with potential accusations of wrongdoing be:ause it's th, one sensitive area where government on a daily basis is approving somethin; that is happening within the City of. Miami, must give a permit and approval of the procedure in tiie process. I feel that. the integrity hat the Fire Department has ,shown throughout. the year is exemplary. 'I rat is nit to imply that anybody within the existing; dt•partment. lacks 3 itegrity, but rather that l think that '-tie citizens of Miami. 4 ill feel i little bit strcu:s er and sr.f er with this c°on.sulfdatic:u, ati,3 �.jn � fiat 1. vote ycs. y 'i :D .CO 'D Rt iD NG 'ORD1 JX41Cc 'j.-i" AND FL7ND. £7A..1 CA?ILL CO`liig � CATIONS AGENCY' Mayor t'e, re: ILew _i1 establishes a new rust a,� ! agt'nc} tuner entitle(-', "Miami C:ahl.e Communications." Plummer, Fir. Plum-%er... ke, I, 7 assume I orc dist ussloii-, with Plurmner the last time t -it lie t:.is over<', !li 1,:s problr. . My. t-;;;r ,. !,,is is not Liie one that Mr, 1luiruin.r hail pr011 ­111: with. T1 is the admin;:trative staff that.... lfay�rri. Fc..c r�ii, ti,K. �.nybod have any t�rc?,J(- -., with it,,rn 31? All r flit, is t,l,erc _. �ot.ion? Mr. Dawki:+s: Movc it. Mayor Furi f_ : Moved by 1)awkins. Is them a sec.md on its m 31'. Mr. Gary. I9r. Mayor, this is required o -(-',inan(­ ..... Mayor Fe rv:: I realize that. 1'ui ,just isking or a sec( nd, Mr. Manaiv. Corrimiss.ioner 1'erez seconds. The Manager recomn.• nds. hu ther d'scuss:i Read the ordinance. All right, we are i:.)w read., to vote Ca i I the ri AN ORDIN.MiCE ENTITl ED- Ai: ORDINANCE 1.STABLISHING A Ni,,,' TRUS'i AND AGEN,:Y FUND ENTITLED "MIAMI CABLE COMMUNICA'11ONS AGEN.Y," AND APPROPRIATING FUNDS FOR T)!E OPERATION OF SAME IN THE AMOUNT OF $100,000; COI.TAINING A REPEAL:R PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READII,G SAME ON TWO SEPARAT'.. DAYS B` A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBER', t.fl' THE COMMISSION. W1!. iiit Y001b Vd by Commissioner Dawi ins and seconded by Crimmissictier F'vt C',., tor .idolit ion pur!.uant to Section 4, Paragrapit (f) of the City Chart ar dispeitsint; with (lie requirement of reading same on two feparate days by a votes cat not le:cs than four -fifths of i he memours of tie Commission; $1 62 edraissiotiet J. L. Plumdt, Jt. * Cdtwissioner Demetrio Pete2, it, Cominj on6t Millet J. Dawkins Meyot Maurice A4 Ferre NtiEs. Vice Mayor Joe Catolle ABSENT: None. Whereupon the Commission, on motion to Commissioner Dawkins at,i seconded by Commissioner Perez, adopted sa.d ordinance by the Eollooing Vote: AYES: Commissioner J. L. Plummer, Jr. t Commissioner Detnetrio Perez, Jr. - Commissioner Miller J. Dawkins Mayor Maurice A. Perre NOES'.'.* Vice Mayor Joe Carollo ABSENT: None. 1 SAID ORDINANCE WASJDESIGNATED ORDINANCE NO. 9458 The City Attorney read the ordinance Into the public -7ecord ani announced that copies were available to the members of the City Com mission and to the public. ON ROLL CALL: * Mr. Plummer: I want to make sure that it i!: understood thst the control +is still within the staff. Mr. Gary: They still have to report to tht City Manager. Mayor Ferre: See, we are confusing 31 and Q , gentlemen. Mr. Plummer: It's backwards. That's the problem Mr. Gary: Nc, it's not. Mr. Plummer: Yes, it is. You're putting ul money without even existing. Mr Gary: Nc, this committee... this is not a.... Mayor Ferre: Two separate committees. Mr. Gary: If I may. Mayor Ferret Go ahead. Mr Gary: They are two separate things. 3: is the Municipal Access Corporation, 4hich deals with public access; 31 is the administrative staff under the Manager's direction, pursuant to ordinance, to regulate and monitor the activities of the cable company to insure that they put in the right types of cable, buy the right services. .now ; Mayor Ferre: That's right. Mr. Plummer: 1 stand corrected. I vote yes AFTER ROLL CA L: Mr, Plummer; Excuse me, that was 317 Mayor Ferre: Yes. Mrs. Hirai; 'es, air, Mr. Plummer: It is not titles! emergency. Mrs, Hirai; :t is a first and secoud teaslir.g, eo we have t cal] the,.-. Mr, Plummer; Om sprry, it to not, Mayor. Ferre: It does on the title:"by reading thi same: on two separate days by a vote of not less than four -fifths" and that s hew the ordinance w: read as. Mr. Plummer: O.K., well, .just. for the record, on the agenda, it is different. Mrs. Hirai: On the agenda, it does not state either way; but in the doc,rment it does. Mayor Ferre: All right, call the roll, please. Mrs. H_t.rai: It's been called, Mr. Mayor. Mayor Ferre: You've done the second one too? Mrs. Hirai: Yes, sir. 42 - APPOINT CEU'AI" 111DIVIDUALS T'O: BOARD OF DIRT:'( IFORS it? T11 '.M!IAAII CABLE ACCESS CORPOFAT'IOii. Mayor Ferre: Now, on item 32, there has been a question brought out, at,d I think it is an appropriate question, that even though in this initial Board of Directors of Miami_ Cable, we're trying to get Barry College, and Biscayne,and Dade, and evervbody else. Mr. Manager and Mi. Clark Merrill, there. is 1IoL o,rt single Latin in that group! I realize that here we have a corrmur,itY that is over 60 Spanish-speaking, and we are appointing a board, which is what Commissioner Perez was talking about where there is not one Spanish --,speaking person on it! Now, what kind of representation is that? Mr. Pluuuner: Mr. Mayor, as I remember, it was your recommEndation that we did not name the individuals, we name positions that.... Mayor Ferre: I realize that, .I.L.. But the point is.... Mr. Plurruner: Wfiat I'm saying is, Mr. Mayor, we don't know yet who those people will be. Mayor Ferre: Yes! Mr. Plummer: It was said: "them or their designee." Mayor Ferre: Yes, it is right here. Mr. Plummer: Oh, I'm sorry. Mayor Ferre: You have to read that on 32, see? Mr. Plummer: I'm sorry. Mayor Ferre: See? Barry University, Dan Paul and John McCoy; Biscayne College, Ms —le anne Bellamy; Dade County Public Schools, Dr. Leonard Britton; Florida International., Dr. Robert Winter; Florida Memorial, Dr. Barbara Ricks; Dr. Turonce Kelley; I'aul Dec. The point I'm tryin?; to make to you is, you know, 1 know these are very distinguished scholars and what have you representing all the:.e colleges and universities, but I think there should be one Spanish- speaking voice. Mr. Dawkins: But at that:. time.... 11 U Mayor Vertet There it a woman and there is a black and all that, Mr. Dawkins! gut at that time you said! "let the colleges appoint whom they want." Mayor Ferret Sure, Mr, Dawkinst And that's what they did. Mayor Ferret I agree with that, but I think that somewhere alo:ig the line..., Mr. Dawkins: I agree with you. Mayor Ferret ....my criticism frankly is r) Clark Merrill for not having sensitized them, and I assume you didn't, that you know, hey! fellows, send us one token Cuban, or one token Latin, pleasel Here we have a city that is mostly Latin and you don't put one single Latin on this thing) I don't think we're trying to get a quota here or anything, but for goodness sakes! Mr. Dawkins: Well, I have my one. Mayor Ferret We needed some sensitivity. Mr. Gary: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Gary: 'There is still an opportunity to appoint minorities. All this does is set up a corps of architects in cooperation so that we can get the process started. Mayor Ferret How many appointments will the City of Miami Commissicn have? Mr. Gary: As many as you see fit. Mayor Ferret I see, O.K., well, that solves my problem. Thant you, sir, I'm ready to vote on it. You are telling me, on the record, now, that we are able to add. Now, Mr. Merrill, I don't know whether the rest o the Commission is going to concur with me, but I want to tell you right now I don't want a quota, but I want representation of what this commun.ty is made up. So you come back with sufficient numbers on this board so that this community's ethnic and sexual make-up, male and female, (are the only two that I recognize these days) are represented, all right? Mr. Plummer: Boy, is that a change of heart! Mayor Ferret No, I've always been consist2ntl Not me! You're coniising me with somebody else, Plummer. 4r. Gary: Mr. Mayor. Mayor Ferret O.K. X . Gary: We accept that philosophy, and that is the philosophy of the A ministration, and I also make note that with regard to Barry University - w. have to make a choice between Dan Paul and Jahn McCoy. Mayor Ferret That's their probleml I'm tot going to get involved in c.00sing for the Board of Governors. M�. Gary: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD (MIKE TROUBLE) Mayor Ferret You tell Barry University to give us, you know Biscayne College. a,d Florida Memorial didn't have any problem FivinB us a name. That's ttleair l' ublem. I'm not going to get into that selection stuff. All right, is t vrc a motion on item 32? t�*t , Plummer: So move, x. r iyor Ferre; Plummer troves, Is there a secot14? Is there a second to 3 tem 327 'cond by Peres, with the stipulations as stated, Further d scussion7 Usll lie roll., .I �� C V The following resolution was {.t;trud, ccd Corr,.naissioner Plummer, who tuovrd .its adoption: EtESOLLITIO, NO. h -.59:' A RESOLUTION APPOI.NIING CERTAIN INDIVIDUALS TO SERVE ON THE INITIAL BOARD OF DIRECTORS OF TillE MIA`11 CABLE ACCESS CORPORATION FOR A TER31 OF OFFICE "10 BE DETERMINED AT THE TLME THE ARTICLES OF INCORPORATION AND BY --LAWS ARE ADOPTED BY THE C17Y COl!MISSION. 'Her e follows body of re3so.lution, oaii—cat hereln and On file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passel and adopted by the f.nilowing vote: AYES: C.otinissioner J. L. Plummer, Jr. t,01;1111i5510iler De:nett:io Perez, Jr. Cctumiissioner Miller .I. Dawkins ilavor Maurice A. Ferre NOES: it c Mayor Joe CarcJ110 ABSENT: Nonc. 43 - ST1 FORTI, I117LITT TO ADOPT OI,DINAIIC:=." NAKE"G I7' UNLAWFUL 1" 7.. L'S: OF CABLE T.V. TO BR.f:DCAST OBSCENS 111%11RI.AL Mayor Ferre: Now we have a question on pornography and public opinion polli,ag. llr. City Attorney, and Mr. Bob Clark. Mr. fitrox: We have prepared the resolutions relating to the ballot questions on pornography and also a resolution call{:,g for the election. I would ask you, however, if you would please permit us and add to your agenda on 0e end to prepare a resolution regarding the question of public opinion polling becau-;e: we just completed our research. That was a question that we ha to get into in depth and we are not yet prepared the formal resolutiot. Mayor 'F rre: 1 just want to streneously state that I'm sorry for my good frien=. Howard Kleinberg in the Miami News and all that, but I stand on where I. stand, that is, that I was shocked when 1 was in New York and I turnet on a non-paying television (I did not pay to see any porno picture) to wa ch the news, and I was switching this thing around and here were all these nude people sitting around, playing around, and frankly, I was offended by it. No because ... I mean I don't care if you watch porno films. That's your ;problem if you want to do that. But I don't want my grandchild, or my children just inadvertently flicking on something, watching the proceedinEs in Miami. Now, if you want to go and buy a cassette, or if you want to go to a movie, I think that you are a citizen of the United States and the constitution gurantees you that in the first: amendment, and you can go and watch anything you want. And that's O.K. with me. But 1 think that using; public access, in the public well-being, that is in the streets of the City of Miami, to have cables laid down that are carrying on those cables pornographic materials is offensive to me personally. I'm not going to get involved in this campaign, but I do think that the people of Miami should express themselves as to whether, in their majority, they want it or don't want it along their streets in the City of Miami. I just think that we ought to put this on the ballot. sl Mayor Pette (CON'T) ....Now, to the Hetald s criticism and clitorials, I think there is a big difference Why can't tie decide this het,? 11tn ready to vote on this fight now, I'm ready to note against pottiograp,ty right tior;, todayl But unfottunately, the Supreme Court ,f the 'United States has ruled and has a very complicated set legal proceedings as to how you define what's tight and wrong in the moral standards of a -otnmunity. So al] I'm saying is If let the people of Miami define the standards according to Supreme Court regulations. Now, I understand that even th.it is questionable, because that has not been finally determined. 1 can't speak for the Supreme Court, t can only speak as one vote on the City of Miami Commission and 1*11 speak when I vote in November or whenever it is that we are going to vote on this issue. I'd .like to move this matter, if I may; or one of you could move it. I don't care. Mr. Carollo: So move. Mr. Perez: Could I request from the Manager' office a report about the :--gulations which outline everything that we have in the City of Miami with rbfetenc to adult theatres? Mayor l:erre: Adult theatres. Mr. Knox: You can make that request through the Law Department and we'1� get it to you. Mayor Ferre: O.K., is there a motion, and let's make sure that we don't save a mistake on it: "A resolution setting forth the intent of the City Commission to adopt ordinances tha+ would make it unlawful for any person or corpora -ion using or making use of the cable communications system to briadcast, exhibit, display, or sh1w within the City of Miami any material that is obscene or indecent and further defining the ems "obscene material" and "indecent material." Is there a motion? Mr. Perez: CommisEloner Carollo moved. Mayor Ferre: Carollo moved, is there a seco d? F rez secondf. Furthe2 discussion? ;all the roll. The following resolution was introduced by Ce Lmissioner Carollo, who moved its adoption: RESOLUTION NO. 82-513 A RESOLUIION SETTING FORTH THE INT-:NT OF THE CITY COMMISSION TO ADOPT ORDINANCES THAP WOULD MAKE IT UNLAWFUL FOR ANY PERSON OR CORPORATION U3ING OR MAKING UFE OF THE CABLE COMMUNICATIONS S:STEM TO BROADCASI , EXHIBIT, DISPLAY, OR SH IW WIT SIN THE CITY OF ?1IAMI ANY MATERIAL THAT IS OBSCE%E OR INDECENT AND FURTHER DEFINING THE TERMS 'OBSCENE MATERIAL' AND "INDECENT MATERIAL". (Here fo: lows body of resolution, )mitte herein anc on tale n the Office of the City 'Ierk) Upon being seconded by Cotamissioner Perez, th • resolutiot was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre bra NOES; Non , ABSENT: None •, JUN 2 4aft r OIL ROLL CALL: Plummer: I vote veb Li the Mayor will tell me what hotel fie stayed at. Mayor Ferre: I vote yes and Lo uvike Commissioner Plummer happy, it is the Carlyle Hotel. It is on Madison Avenue and 72nd Street. Anytime you want '' to go there, let me know and I'II make reservations for you. Mr. Plummer: Oh, no, Mr. M;iy(?r, 1. .just wanted ttti know which one it war, so I wouldn't go. Mayor Ferre: You can go. Howard Nlei.nberg, Jr.". =�1 4C�i_T.?dt; ;t,IJI I'?�".'1j)i,it; ?'��3I: SPECIAL ii1.^1lCIPAL ELFCTI0111- `i c'\fO,E T.V. O:IS(:'rNE `LATE IAL. Mayor Ferre: A resolution calling and providing for a Special Municipal Election to be held on the 7th day of September, 1982 for the purpose: of submitting to the qualified electors of the City of Miami for their ajproval or disapproval the implementation by the City Commission of Resolutioi, No... Oh, all right, whatever that one was... adopted on June 24, 1982, by adopting of an ordinance that would make it unlawful for any person or corporation using or making use of the cable communications system to broaicast, exhibit, display, or show within the City of Miami any material that is obscene or indecent and which ordinances would define the terms "obscene material." and "indecent materiak." Now that's what I'm Looking forward to reading. All right, anybody want to move that one' Mr. .)awkins: What is the difference between the one we just moved and th,s one? Mr. Knox, what is :.he difference between the one w(! just moved and this one? Mayer Ferre: This approves the election. Mr. -nox: The first one expresses your intentions, and the people's, to adopt the ordinance. The second one is calling for the election. Air. Dawkins: So move. Mayo; Ferre: All right, Dawkins moves. Is there a second? Mr. 'erez: Second. Mayor Ferre: Perez seconds. Further discussion? This calls for an election. Call. the roll. The following resolution was introduced by Commissioner Dawkins, who Loved its adoption: RESOLUTION NO. 82-594 A RESOLUTION CALLING AND PROVIDING FOR A aPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF SEPTEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE IMPLEMENTATION BY THE CITY COMMISSION OF RESOLUTION NO. 82-593 ADOPTED JUNE 24, 1982, BY ADOPTION OF ORDINANCES THAT WOULD MAKE 11' UNLAWFUL FOR ANY PERSON OR CORPORATION USING OR MAKING USE OF THE CABLE COMMUNICATIONS SYSTEM TO BROADCAST, EXHIBIT, DISPLAY, OR SHOW WITHIN THE CITY OF MIA,MI ANY MATERIAL THAT IS OBSCENE OR INDECENT AND WHICH ORDINANCES WOULD DEFINE THE TERMS "OBSCENE MATERIAL" AND "INDECENT MATERIAL". a r] (Mere follows body of resolutit.t, omitted herein an. on file in the Office of the C4ty Clerk): Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following Vote. AYES: Commissioner J, L. Plummer, it. Commissioner Demetrio Perez, it. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NO:S: None: AL ENT: N( ne. Ma -or Ferre: Now, Mr. Knox, I would like to instruct you, sir, that you, or someone in the City Attorney's office, once you have the ordinance of de-'inition to go personally to each member of the Commission so they can gc over it. I want to warn you ahead of time that you are probably going to be shocker. by some of the language in it. But, unfortunately, there is no other way around it. You have to legally, veri carefully, describe what an obscene act is, and I am afraid that we a~e stuck with that with the Supreme court. I mean some of the things that you are going to read are not goin;,. to be pleasant reading, at least for some.... Uridentified I think that we ought to appoirt Plummer as the expert ft )m the Commnission. . Mr. Dawkins: So move. Mr. Plummer: I must remind you that we were dealing with book stores before the subject ordinance was prepared it was so obscene, Rose Gordon would not even read it! The ordinance was more obscene than anything in the book stores! 45 - AMENDMENT TO AGREEMENT: HIA111 CAI ITAL DEVELOPMENT INC. Mayor Ferre: We're now on 33, which ratifies and approves the actions o the City Manager in executing an amendment. Mr. Plummer: Move it. Mayor Ferre; Is there a second? Mr. Dawkins; Second. Mayor Ferre; Moved by Plummer, and second by Dawkins. We are on Ltem 3,. Call the roll. fi l 69 J U N 2 4 19 C 11 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-595 A RESOLUTION RATIT'1'ING, APPROVING AND CONFIRMING THE. ACTION OF THE CITY MANAGER IN EXECUTING AN AMENDMENT TO AN AGREEMENT ENTERED UNTO AUGUST 10, 1981, BETWEEN THE CITY OF MIAMI AND MIAMI CAPITAL DEVELOPMENT, INC., WHEREBY THROUGH EXECUTION OF SAID AMENDMENT MIAMI CAPITAL DEVELOPMENT, INC. IS AUTHORIZED TO CHANGE THE RATIO OF THE CAPITALIZATION/ ADMINISTRATIVE COSTS FROM $100,000/$250,000 TO $50,000/ $300,000, FURTHERMORE, AUTHORIZING THE CARRY-OVER AMOUNT OF $11.775.12 FROM 6TH YEAR COMMUNITY DEVELOPMENT FUNDS 10 THE PRESENT YEAR OF OPERATION, THEREBY MAKING THE CAPII*ALI7.ATIO14/ADMINISTRATIVE COST RATIO $50,000/ $311.775.12. (Her_ follows body of resolution, omitted herein 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: Co.mm�Issfoner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Conun:ssioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferr.e NOES: None ABSENT: Bone 46 - EXECUTE PROFESSIONAL SERVICES 4GZEEITI?T: MIAMI CAPITAL DEVF.LOI".T,"IT IRC. TO FACILITATE BUSINESS DEVELOPMENT IN THE (:I TY OF MIAMI. Mayor Ferre: We're now on item 34. Plummer moves 34. Second by Perez. Furthcr discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its :1doption: RESOLUTION NO. 82-596 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH MIAMI CAPITAL DEVELOPMENT, INC., FOR THE PURPOSE OF CONTINUING A FINANCIAL ASSISTANCE PROGRAM TO FACILITATE BUSINESS DEVELOPMENT IN THE CITY OF MIAMI WITH FUNDS ALLOCATED THEREFOR IN THE AMOUNT O1 ;219,866 FROM THE EIGHT YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AND $91,134 CONTRIBUTED TO THE CITY TOWAIW THIS PROJECT BY METROPOLITAN DADE COUNTY. Were follows body of resolution, omitted herein and on file in the Office of the City Clerk). sl 70 ,JUN 24 Igo 0 0 Upon being seconded by C6=issioner Perers the resolution Wag passed and adopted by the following vote AYES : Cotutaissioner J. L. Plummer, Jr Commissioner Demettio Perez, J- commissioner Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Joe Carollo 47 - AUTHORIZE INDIVIDUAL C011T^.ACTLRZAL AGREEMENTS WITF: IIINE (9) NEIG11BORROOD 'ECONOMIC DEVELOPMENT ORGANIZATIONS. Mayor Ferre: We're now on item 35. Mr. Plummer: Move it. ' Mr. Gary: Mr. Mayor. Mayor Ferre: Yes. Mr. Gary: There is one modification to that. I sent you a memo. Thu modification is to add Martin Luther King Community Based Organizatio,l which has now complied. Mayor Ferre: Fine. I'm sure nobody has a problem with that. All right, Plummer moves. Dawkins seconds item 35, as amended. Further discussion? Call the roll. Thc. following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-597 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NINE (9) NEIGH- BORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO, FOR THE AMOUNTS SPECIFIED FOR EACH, TO CONTINUE IMPLEMENTING A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS ALLOCATED THEREFOR FROM THE EIGHTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (Here follows body of resolution, omitted herein 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: A`E5: Commissioner J. L. Plummer, Jr. Commissioner Vemetrio Perez, Jr. Commissioner Miller J. Dawkins Mayor Maurice A. Ferre NOES; Nore. ABSENI: Vice Mayor Joe Carollo s l 71 J U`'3 n 1Q * 1V a SETTING iFMTY PbOV08 i1 CT_AP.T?'P A!"FVtOEPT #1 TO PROV1bP t+O Vr%tt An COIVP.rt r,!IS1V S PROCilt;%]'`I"ITT PI'.CCrDtT"_ S 77-0 ? TIT CITY OV Vi&l 48, - (SPECIAL tLtCTION SCPMULED :"OP_ SEPTI2'Er?t 7 � 1982). Mr. Plummer: Move 36. Mayor Ferre: Plummer moves 36 Mr, Knox: Excuse me. Mr. Mayor, members of the Commission, even though the agenda does not reflect that we did advertise in the newsbauer for Public Hearing today in connection with the second reading of the ordinance and we can adopt it on second reading at this time prior to calling for the election. Mayor Ferre: You mean we can now, you say? Mr. Knox: Yes, sir. Mayor Ferre: All right, Plummer moves itCm 36. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds item 36. Is there any other discussion on itern 36? If not, please (-all the roll. Mr. Knox: Let me read the ordinance. This is second reading of the ordinance which contains the proposed Charter amendment. Mayor Ferre: All right, further discussion? Call the roll on 36. AN ('RDINA:;CE LNI'lTLE11- Ah ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS CHARTER AMENDMENT NO. 1, AMEN➢ING SECTIONS 3, 52, AND 53 OF THE CITY CHARTER TO PROVIDE A COMPREHENSIVE PROCUREMENT PROCEDURE; PROVIDING FOR THE POWER TO ACQUIRE AND DISPOSE OF ALL REAL AND PERSONAL PROPERTY AND SERVICES; DEFINING AND AUTHORIZING UNIFIED DEVELOPMENT PROJECTS; FURTHER PROVIDING FOR PROCUREMENT METHODS TO BE IMPLEMENTED BY ORDINANCE FOR THE ACQUISITION AND DISPOSITION OF PERSONAL PROPERTY, REAL PROPERTY INCLUDING WATERFRONT PROPERTY, PUBLIC WORKS AND IMPROVEMENTS AND UNIFIED DEVELOPMENT PROJECTS; THE RENAMING AND REDEFINING OF DUTIES OF THE PURCHASING AGENT; FURTHER PROVIDING FOR AFFIRMATIVE ACTION, NON-DISCRIMINATION AND MINORITY PARTICIPATION IN TRANSACTIONS WITH THE CITY; REPEALING ALL CHARTER SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of June 17, 1982, It was taken up for its second and final reading by title and adoption. - On motion of. Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: $1 72 JUN 2 419oil 94 AYES: Commissioner J. L. Plummer, .Tl•. Cbm tssioner Demetrio Perez, .1r: C6ftbissionet Miller J. Dawkit!. Mayor Maurice A. Potte NOES: None. AB51NT: Vice Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9459 The City Attorney read the ordinance into t12 public record and announced that copies were available to the membErs of the City Commission and to the public. 49 - IESOLUTIOIJ CALLII�G SPECIAL 1 UNIC1PA1_ ELEC IO11: SEP1 CMBtR 7, 19i;'. CHARTLR AAMND11EVT- CITY COIIPREKE141olVE PR, CUTtE1EI11- PROCEDURE. Mr. Knox: Now, Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Knox: We need to adopt a resolution that calls for th! Special Election. Mr. Plummer: So move. Mayor Ferre: Plummer moves the Special Election Resolution, i:; there a f.Cond? Mr. Plummer: All of these resolutions that are cr,lling fo- an election are understood that this Special Election i�, a part of the September.... Mayor Ferre: Of course. Mr. Plummer: ....or November.... Mayor Ferre: September specifically. Mr. Plummer: What I'm saying is that these are no separate. Mayor Ferre: Yes, yes, sure. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC PECORD. Mayor Ferre: All right, Plummer moves. Do vou wa•t to second that on t v election? Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds calling for the elec:i.on in September. September, isn't that it? Further discussion? Call the roll 40 i 73 JUN4 1% AL u ri The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-598 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF SEPTEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL A MEASURE KNOWN AS ORDINANCE NO, 9459, PASSED AND ADOPTED BY THE CITY COMMISSION ON JUNE 24, 1982 PROPOSING A CHARTER AMENDMENT ENACTING A COMPREHENSIVE CITY PROCUREMENT PROCEDURE PROVIDING FOR THE POWER TO ACQUIRE AND DISPOSE OF ALI, REAL AND PERSONAL PROPERTY AND SERVICES; DEFINING AND AUTHORIZING UNIFIED DEVELOPMENT PROJECTS; FURTHER PROVIDING FOR PROCUREMENT METHODS TO BE IMPLEMENTED BY ORDINANCE FOR THE ACQUISITION AND DISPOSITION OF PERSONAL PROPERTY, REAL PROPERTY INCLUDING WATERFRONT PROPERTY, PUBLIC WORKS AND IMPROVEMENTS AND UNIFIED DEVELOPMENT PROJECTS; THE RENAMING AND REDEFINING OF DUTIES OF THE PURCHASING AGENT; FURTHER PROVIDING FOR AFFIRMATIVE ACTION, NON-DISCRIMINATION AND MINORITY PARTICIPATION IN TRANSACTIONS WITH THE CITY. (Isere follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner. Miller J. Dawkins "favor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Joe Carollo 50 - APPROPRIATE: $25, 300 FOR SU11MEER CO110ERTS 114 BLACI: A2.D LATI17 C0121U IITIES CITY OF MIAMI RECREATION DEPARTMENT. Mr. Gary: Mr. Mayor, can we do the pocket item for the Summer concerts in the black and Latin communities? Mr. Dawkins: So move. Mr. Plummer: Second. Mayor Ferre: All right, it's been moved and seconded. Moved by Dawkins Second by Plummer. Further discussion? This is $25,000.... Mr. Gary: $25,300 which will provide entertainment on the week -ends in black and Latin parks to provide recreation and leisure opportunities for 'hose people.... !Iayot Ferl. : Is that: part (if the Parks Department, or part of the,..? MT. Ga ry : Rvcrvat i on Department. s 74 JINN 2 4 19� W Mayor tetre: Recreation Department? Mt, Gary: Yes, sir, Mayor Ferre: O.X. Further discussion? Cr111 the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO, 82-599 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCI,TE THE SUM OF $25,300 FROM SPECIAL PROGRAMS AND ACCOUNTS QUALITY OF LIFE FUND: CITY—WIDE EVENTS: FOR SPONSORSHIP OF A SERIES OF OUTDOOR CULTURAL PROGRAMS TO BE HELI! THROUGHOUT THE SUMMER IN CITY OF MIAMI PARKS: FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING CONTRACTS AND AGREEMENTS FOR SPONSORSHIP OF SAID CULTURAL PROGRAMS. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES, Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Joe C:arollo Yvr 75 N J U N 2 4 19 V \2\ 5i 1)I9Ct1G810i: ITVI: URGE 1•T.TR0 COILISSIOO T`_` FOtt ow T11 RtCOW-111DATIOi S OF T:•sE T.D.C. APPEALS CO?"'.ITT ZE. _ Mr. Plummer: Mr: Mayor, let me announce to you that yesterday we were auc- cessful in getting a $25,000 grant out of the Appeals Committee of the T,D,C, ' for the O.A.S. Concerts. I would urge that each Commissioner write to their Metro Commissioners urging them to follow the recommendations of the Appeal Committee, Mayor Ferret Okay, if you'll send me a copy I'd be happy to do that. 52 - AU?U?. 1i0'IZi;" I11CR ,SE A1D EnUALIZAT.I0i1 OF C'Ji?='113UTIOIIE TO GROUP DEIIEFITS SZLF I!1£Ai10E FU!1D FOR ACTIVE A11D RLTI^iD CITY EUITLOYLES. Mayor Ferret Are there any other items before we get to 307 George, do you have anything else? Mr. Knox: No, sir. Mayor Ferret Howard, do you have anything else oher than 30? Mr. Gary: A vote for 30. Mayor Ferret Okay, we're on 30 then. Go ahead, Mr. Manager. Mr. Gary: I'd like Mr. Randy Rosencrantz, Assistant City Manager to discuss this item. Mayor Ferret Mr. Rosencrantz. Mr. Randy Rosencrantz: Mr. Mayor, at the la t meeting of the City Commission it was suggested that the administration mee- with the unions on this partic- ular item. I'd like to advise you that we did meet with the unions, we ex- plained to them in great detail the formatio►t of the total Self -Insurance Fund and we explained to them in great detail the numbers associated with the employees' health portion of that particular fund. We also explained to them where the revenue was derived from for each of those funds and how that money was spent over the last several years. We answered any questions that they had at that particular time and attempted to explore with them any ques- tions that they had in their minds. In addition to our discussion there, we made the offer to the various unions to appoint a member to a task force that would look at various alternative ways of providing health insurance coverage. We did this in the hopes that we could all sit down together and to explore that particular topic. But we also emphasized at that time that the fund was now spending more money each month than it was receiving and that it was necessary that we come forward with the rate increase so that we would have sufficient revenue in the fund to maintain the integrity of that particular fund. Is there any other information that I can provide? Mayor Ferret I think you have provided the information. Mr. Bob Alexander: Bob Alexander, Miami Association of Fire Fighters, Loca-. 587. Mr. Mayor, Commissioners, we don't feel that the City has negotiated with us, we met as per your last instructions on the 14th of June and the City simply re -stipulated their position. There weren't any negotiations at all. I'd like to pass out our two latest proposals in case you didn't have them. Mr. Rosencrantz: May I have a copy of that? Mr. Alexander: our proposal, in answer to the City's proposal Of April Bth, oui proposal of April 13th, we'd like to simply just resubmit this to the Commission this date to go back to the table and negotiate this, Mr at- torneys advised us that if this goes through that were looking at at least an unfair labor practice and there are also violations of trUst by the 76 JUN 24 trustees, We don't agree with the City's position to thake this rett6activ6, we don't agree with their figures, we don't agree with their late of increase and 1 think it would be , well, 1 can't speak for the retirees but 1 think it would be a real hardship on retirees to go back and let retroactive, it could amount to maybe $150 � $200 a retiree. Kiyor Verre: All right, go ahead. M.. B. K. Rawls: Gentlemen, E. K. Rawls, itetired Employees Association, if this thing goes through like you are proposing, a retiree making $400 a month, aid he gets it all backed up to March the 7th, how is he going to come out il. the paycheck he receives, his next paycheck, of paying all the back dues to March the 7th7 He won't even be able to live. 1 think the City should have told us about it. The last meeting we had, all he done vas read out the figures that he had and why the 'City had to increase it. Mr. Rosencrantzs I think that on the issue that was raised there that the matter of'raising the rates had been on the Commissioners' agenda several times over the time period since I've been within the City. Mr. Bill Smith: Mr. Mayor and members of the Commission, Bill Smith, Sani- tation Employees Association. We are now at the tabl•z and we are not having been given the opportunity to negotiate the premiums jr the increases and according to the rules of R.E.R.C. it will be illegal to raise our premiums without giving us that right to negotiate this and to do so would be an un- fair labor practice. Mr. Gary: In response to that, it is the opinion of my labor expert as well as my labor counsel, that we are not in violation of any labor contract, it is not an unfair labor practice... Mayor Ferre: That's already on the record, you've already sail that last time. What else have ,you got to say? Mr. Walter Rodak: My lame is Walter Rodak, I'm Presilent of the Miami Fraternal Order of Police. My problem with the whole insurance package is I'm not sure that a rate increase is justified. Another p-oblem I have is that they told me that 18 months ago that th(, insurance rate had to be increased. We sat at the bargaining table, they had the informatio:z, I have to look at it as prob- ably bad faith bargaining on the City's side. Had I 'mown about these increases coming up, because we did negotiate insurance, had I mown this increase was coming up it might have changed my posture somewhat a•d in lieu of a higher percentage raise I would have been willing to accept 'ess to put more whole dcllars in the individual's pocket by having the City pick up s bigger portion of the insurance rate. Mi. Dawkins: Let me understand you clearly. Are you saying that at the time tLat you were negotiating this contract, at no time did this c,3me up? Is that what we're saying? Mr. Rodak; The rate increase, yes, sir, at no time did it cone up. Mr. Dawkins: Thank you. Mr. Plummer: All right, let's get on with it one way or the ether. Mr. Rosencrantz: Mr. Mayor, we have a hand-out which we'd like to give to the Commissioners which was prepared by the labor commissioners which would indicate that each of three unions did request certain actions concerning the employee health insurance during negotiations and particularly the A.F.S.C.M.E. group requested the City pay 100% of current life and health insurance for employees. That was not agreed to. I think if you just look at each of the unions there you will see that they made requests for the City to make greater payments to the health insurance fund and ta)c• City did not agree to do that. Mr. Smith; Mr, Mayor, we're not included in there because we're at the tal)le now. Mi Gary: The key issue here is that, you know, we could sit down and talk ai )ut benefits, we're not talking about benefits now we're talking clout tip cost of paying for the benefits that have already been negotiated and tl „e benefits have been negotiated, the costs have exceeded what is now b, irig collected and we ore recoAunendng that the rates be }nczBased for ti„ City as well as the emploYees to cover th= cost cf those kenefits, tit. Smiths Mr, Mayor, PEEK has ruled that to raise any prettiums without beiiq negotiated is an unfair labor practice and what you're doing now is you're raising the premium of the employees without giving them a right to h0q6tiato that premium increase and we're at the table now and we haven't been given that right. Mayor Ferret Mr. Manager► you've already answered that. Mr. Gary: I've answered that, it is a difference of opinion and obviously has to be adjudicated if they see fits Mayor Ferre: Well, what is the will of this Commission on this hot -easy issue that has been plaguing us? What do you all want to do? My only con- cern, you know, like Gibson..... Mr. Plummer: Well, Mr, Mayor, I too concur. Mr. Rosencrantz, I think that to retirees have brought out a legitimate concern and I'm sure that in some way you could make this where it would be paid - the retroactive portion - back over 4 payments rather than one lump sum. Mr. Gary: We can do that. - Mr. Plummer: I'm sure. I mean, you know, you're going to take a man's pay- check, the way it is sounding to me he's going to have to pay you. Mr. Gary: We'll agree to that. Mr. Rawls: Thank you, Mr. Plummer. Mayor Ferre: What else have you got? What is the will of this Commission? Mr. Plummer: Mr. Mayor, you know, it's not an easy subject and I'm sure the matter is..... Mr. Dawkins: I second Plummer's motion. Mr. Plummer: You do what? Mr. Dawkins: I second Plummer's motion. Mr. Plummer: My motion was to expell Miller Dawkins from the Commission. Mr. Dawkins: Second. Mr. Plummer: You can't second that, that's a conflict. Hey, you know, the thing is going to be litigated, let's move on with the thing. We've got to move on. I move that it be approved subject to the amendment of the retirees and let the chips fall where they may. Mr. Dawkins: And go to court, I second. Mr. Plummer: Okay, you know, I'm not an insurance executive. Mayor Ferre: Okay, there is a motion and a second. Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-600 A RESOLUTION AUTHORIZING THE INCREASE AND EQUALIZATION OF CONTRIBUTIONS TO THE GROUP BENEFITS SELF-INSURANCE FUND FOR BOTH ACTIVE AND RETIRED EMPLOYEES OF THE CITY OF MIAMI IN THE CITY'S HEALTH CARE PLAN. (Here follows body_ of resolution, omitted here and on file in the office of the City Clerk.) Upon being seconded by Cowassioner Dawkins the resolution was Passed and adopted by the following tio,.e= AitRSe Coinmissionet Aillet T. Dawkins Commissioner bnhetrio Perez, Commissioner t. L. Plummer, J r. N0M Mayor Mauri :e A. Terre AtgtNT: vice -Mayor Joe Carollo. ON ROLL CALL: Mr, Plummer! The fiddler has got to k- paid, yes. Mr. Dawkins: On our way to court, yes Mayor Ferret Well, without getting into a Iona speech about this whole: thing I'm going to Vote no and I think most of you know what some of my reasons are.... Mr. Plummer: Yes, I know what it is, oh, yes, do I know. Mayor Ferre: All right, this matter ,s now concluded. 53 - EXECUTE CO'1TRACT: 11A TI11 1 UTITTI 1,T11t. EC0110 ;IC DT VELoP1VIT CORPORATI011 ACQUISITI011 01 LlNCOL14 SQUARE OFFICE SITE. Mayor Ferre: we also have the matter with Bernie Dye) and Mrs. Range which we need to take care of...... Now ex use me, Mr. Citx Attorney, there was a question on the site there. Mr. Knox: The Lincoln Square site as uisition? Mayor Ferre: Where do we stand on th.t? Mr. Knox: We would appreciate it if ,)u would authorise us to complete the agreement and authorize the Manager t( execute the agr:ement with the Martin Luther King hevelopment Corporation f, r a loan in the unount of $400,000 for the purpose of acquiring the Lincoln :3uare site to bEiefit the Edison Center Community. Mayor Ferre: Is that as we had discu!sed and approves before - Mr. Knox: Yes, sir. Mr. Dawkins: We already voted on tha . Mayor Ferre: Thet was a motion of in -ant. Mr. Gary: It was a motion of intent 11us we had to wc.rk and ro:gotiate and develop the contract. Mayor ferret Anc what is it we're do rg now? Mr. Knox: Now wE have prepared the a(reement and now ie want tuthori ty to go on and execute it to carry out your intent. 79 s ^he following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-601 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF MIAMI AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION (M=DC) IN THE AMOUNT OF $460,000 TO PERMIT THE ACQUISITION OF THE UNCOLN SQUARE OFFICE SITE, LOCATED AT 62ND STREET AND NORTHWEST 7TH AVENUE, TO BENEFIT THE EDISON CENTER COMMUNITY; SUBJECT TO SATISFACTION OF APPLICABLE LOCAL, STATE, AND FEDERAL GUIDELINES. (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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. 54 - PETITION F.C.C. FOR I.1CR ASED PERCENTAGE ON CABLE T.V. LICEIISES, ETC. Mayor Ferre: Do you have something else, Howard? Mr. Gary: Yes, Mr. Mayor. We have one very, very important item - two impor- tant items. First of all, we need to have the City Commission's approval. I may not need formal approval, but you need to be aware of it to let Arnold and Porter petition the F.C.C. so that we can get 5% on the cable as opposed to the WX limit which they have. Mayor Ferre: Oh, I think you need that formal. All right, Milizi Dawkins, you want to move —that is very important. Mr. Gary: We are trying to petition the F.C.C. so that we can get the maximum amount from our cable license as opposed to the minimum amount which they are trying to pay us. (INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: Yes, well, we will have one in a moment. Would someone get J. L. Plummer? Tell him that this is an important thing. You know, they can't com- plain. We were out of here before noon, so... Mr. Dawkins: Yes, if none of us were philosophizing, we could get out. Mayor Ferro: Let's philosophize today. Mr. Dnt,kins: Until they come back. Mayor Ferre: We had a... Mr. Dawkins: But, the baseball team is here, Mr. Mayor. Mayor Ferre; I am ready to take theta up as soon as we vote on this. We have a motorcade which is enroute and they will be here in east a noment. pro 5 s - BRI::F bISCUS9I014 ITBtIt M,. PAYBACK Or t"SLIRA11CL' P E.ITt;•S I�? 5L TLI S1 AW Vol ALL CITY PLoYCLS, Mr. Gar%t Mr. Mayor* while we are waitng, I think that it may be important for you to knows with regard to the retroactivity with regard to the insurance premiums, we are going to do all employees similar to what we have done for the retirees, so it won't make one big lump sum out of their checks, 56 -BRIEF DISCUSSION! 'BIFURCATED SYSTEM DUPOAIT PLAZA-' (SEE A%SO LABrL 58). Air. Gary: Mr. Mayor, the other itet, while we were waiting was the discu-sion wf the bifurcated system as to wher we go from here. '!ayor Ferro: Fe have a memorandum rom Reic. I have talked to bcth the. ,. 11r. Gary: Exactly. :savor Ferre:.... Governor and the da before yesterday I talked to Ti-d Pap].:s, ;ind I thinl. we ought to move on tha,, right away - instruct you to pursue it ,nd conclude it. "r. Gary: Okay, we had in mind tha� staff, ►long with you and the Mayor •' :+ade County go up to see the Govern r personally to finalize this. 57 - AUT>`ORIZE AGREEITNT: AIL ►LD A:1D POR, LR F^R PREPARATION' OF A CAB .E LICEI4SE FEE WAIVE1• PETITIOF TO F.C.C. 11ayor Ferre: All right, Miller and Demetrio, here is the resolution we hive. THEREUPON, the Mayor reads Resolution Number 82-602. ow, this _.s se we can up to 5%. .r. Dawkins: Move, it. Move it. liayor Ferre: Moved by Miller Dawki i. SecoFd by Demetrio Perez. t'r. Gary: Do you want me to explai it? ttayor Ferre: Further discussion? Mr. Gary: Let ne explain. The cur ent F.C.C. •ules say tha! 3%...you ca-. 1 0 y get 3 fron the cable license s a fee. t'i . Plummi•r; I thought It was auto itically 5%. Mr. Gary: No, it is not. You have zo petition the F.C.C. to go up to 5% Mayor Ferre; C sil the roll. 11 Id Q4 The following resolution was introduced by Commissioner Dawkins, who moved its adoptiotit RESOLUTION NO. 82-602 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL AGREEMENT WITH THE LAW FIRM OF ARNOLD & PORTER FOR THE PURPOSE OF PREPARING A CABLE LICENSE FEE WAIVER PETITION TO THE FEDERAL COMMUNICATION COMMISSION AND OTHER LEGAL SERVICES THAT MAY BE REQUIRED IN CONJUNCTION WITH THE CITY'S CABLE LICENSE ORDINANCE AND ALLOCATING FROM THE MIAMI CABLE COMMUNICATIONS AGENCY TRUST AND AGENCY FUND A SUM OF $40,000 FOR SAID SERVICES. (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 Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo 58 - ACCEPT STATUS REPORT: DUPONT PLP.Zk BIFURCATION PLAN. Mayor Ferre: All right, the other issue that we have... Mr. Plummer: The baseball team just arrived. Mayor Ferre: That is the next one, but wait a moment. We have got this other important issue. The Governor and Pappas - Paul Pappas - the D.O.T. guy and all of these people, the County, and Merrit Stierheim and all have concluded on the finacing for the bifurcated system, okay? You received a memorandum in the last couple of days, telling you what the proposal is. I would like to strongly recommend; I assume the Manager strongly recommends that we pur- sue the recommended solution by Jim Reid. Mr. Gary: Yes, we do. Mayor Ferre: And I want to commend Jim Reid, for his imagination and for his persistance on this, and you Mr. Manager, I think it is a healthy solution. The State is coming up with a lot of the money. We are going to have to fork up three and one-half million bucks, but I have got news for you buddy - I think we are coming out pretty easy, compared to what we would have had to pay if we hadn't done this. And we are not going to have to go to tax incre- ment financing, okay? So, I would like to, one of you move that the Manager's recomnu:ndation be accepted and that we instruct them to continue to balance,' and ask the County to do it. Mr. Plummer; I move. Mayor Terre: Plummer moves, Demetrio Perez seconds. Further discussion. All right, call the roil. Id ----------------- Thit following taotift was ititt6duced by Coftmigsibfiet Plummet, who moved i-:0 Adoption: MOTION NO, 82-603 A MOTION OF THE CITY COMMISSION ACCEPTING THE ADMINISTkATIOWS STATUS WORT IN CONNECTION VITH PROPOSED FUNDING FOR THE DU- PONT PLAZA DIFUCATION PLAN; MTHtlt INSTRUCTING THE CITY MANA- GER TO PROCEED ALONG THE LINES OT' THEIR PROPOSED OVERALLFUNDING STRATEGY, AS MORE FULLY OUTLINED IN MEMORANDUM FROM HOWAkD GARY TO THE CITY COMMISSION DATED DUNE 220 1982. U,on.'being seconded by Commissioner Perez, the motion was passed and ad pied by the following vote: AYES., Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Pluumert Jr. Mayor Maurice A. Ferre NOES! None ABSENT Vice -Mayor Joe Carollo Mr. F. -,imer: I move we all adjourn to the front yard where the baseball team 1 3 just arrived, Mayor )!rre: Is there anything else that you all want, that is what I want to do. Mr. Plt­nmer: See you July 2nd at 6:0( P.M. ADJOUI•NMENT: There being no further vusiness to come before the City Commission, on motioi duly made and seconded, the meeting was adjourned at 11:55 A.H.- ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Acting City Clerk Id MAURICE A. FERRE Mayor � U'>ti �Ovi i 00- cc JUN 2 419 CITY p lk ml DOCUMENT ITEM NO DOCUMENT IDENTIFICATION 1 VACATION AND CLOSURE OF NW 19 AVE. BET, NW 17 STAND APPROX. NW 20 ST. AND NW 17 & 18 STS. BET. NW 9 & 10 AVES. TENTATIVE PLAT #1103 "HIGHLAND PARK DRIVE SECTION ONE" 2 GRANT ONE YEAR EXTENSION OF VARIANCE: GROVE PARK CORPORATION-3586 PALMETTO AVENUE. 3 APPROVE CONSTRUCTION AND OPERATION OF GOVERNMENT USE OF D014NTOWN GOBERNMENT CENTER PARKING FACILITY -250298 NW 2 ST. 4 APPROVE AMENDMENT FOR APPROVAL OF CONSTRUCTION AND OPERATION OF A CENTRAL UTILITY PLANT AND PARKING GARAGE-298 NW 2 AVE. 5 RESCIND RESOLUTION 81-483 WHICH GRANTED ALLEY CLOSURE: WEST OF VIRGINIA ST. BET. OAK AVE. AND GRAND AVE. PLAT 1098-A PODSAID. 6 REVIEW CONDITIONAL USE GRANTED BY ZONING BOARD IN DRIVE IN TELLER FACILITY AT 2800 SW 8 ST. CAPITAL BANK. , 7 CONGRATULATING GUSTAVO GODOY UPON BEING NAMED EXECUTIVE NEW MANAGER FOR THE SPANISH INTERNATIONAL NETWORK. " I 8 EXTEND WELCOME TO SPANISH INTERNATIONAL NETWORK FOR ITS DECISION TO RELOCATE ITS NEWS HEADQUARTERS TO MIAMI. . 9 REVIEW CONDITIONAL USE: DRIVE IN TELLER FACILITY AT 1200 BRICKELL AVE.(PAN AMERICAN BANK), • 10 GRANT APPLICATION BY METRO;VACATE AND CLOSE TWO PUBLIC ALLEYS. BLOCK BOUNDED BY NW 20 and 21 STS. AND NW 12 AND 13 AVES. 11 GRANT APPLICATION BY METRO; VACATE AND CLOSE SW 32 RD, BET. SW 1 AVE AND METRORAIL (VIZCAYA STATION), 12 ACCEPT PLAT; CHULAVISTA CENTER, 13 ACCEPT PLAT; JOSE MARTI PARK SUB. 14 ACCEPT PLAT; IRIS SUB, 15 AUTHORIZE LEASE AGREEMENT; HERNSTADT BROADCASTING CORPORATION (WKAT) VIRGINIA KEY PROPERTY 16 APPOINT CERTAIN INDIVIDUALS TO; BOARD OF DIRECTORS OF THE MIAMI CABLE ACCESS CORPORATION, R-82-570 R-82-571 R-82-572 R-82-573 R-82-574 R-82-575 R-82-577 R-82-578 R-82-585 R-82-586 R-82-587 R-82-588 R-82-589 R-82-590 N -82-591. R-82-592 82-570 82-571 82-572 82-573 82-574 82-575 82-577 82-578 82-585 82-586 82-587 82-588 82-589 82-590 82-591 82-592 . r 19 20 21 22 23 24 25 26 CU i W t TINDEX SET FORTH INTENT TO ADOPT ORDINANCES MAKING IT UNLA14FUL TO MAKE USE OF CABLE T.V. TO BROADCAST OBSCENE MATERIAL. CALLING AND PROVIDING FOR: SPECIAL MUNICIPAL ELECTI( SEPTEMBER 7/82. CABLE T.V. OBSCENE MATERIAL AMENDMENT TO AGREEMENT: MIAMI CAPITAL DEVELOPMENT,I1 EXECUTE PROFESSIONAL SERVICES AGREEMENT: MIAMI CAPITAL DEVELOPMENT,INC. TO FACILITATE BUSINESS DEVELOPMENT IN THE CITY OF MIAMI. AUTHORIZE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NINE NEIGHBORHOODS ECONOMIC DEVELOPMENT ORGANIZATIONS. RESOLUTION CALLING SPECIAL MUNICIPAL ELECTION: SEPTEMBER 7/82. CHARTER AMENDMENT:CITY COMPREHENSIVE PROCUREMENT PROCEDURE. APPROPRIATE $25,300. FOR SUMMER CONCERTS IN BLACK COMMUNITY AND LATIN COMMUNITY CITY OF MIAMI RECREATION DEPARTMENT. AUTHORIZE INCREASE AND EQUALIZATION OF CONTRIBUTIONS TO GROUP BENEFITS SELF INSURANCE FUND FOR ACTIVE AND RETIRED CITY EMPLOYEES. EXECUTE CONTRACT: MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION ACQUISITION OF LINCOLN SQUARE OFFICE SITE. AUTHORIZE AGREEMENT: ARNOLD AND PORTER FOR PREPARATION OF A CABLE LICENSE FEE WAIVER PETITION TO F.C.C. R-82-593 R-82-594 R-82-595 R-82-596 R-82-59 7 R-82-598 R-82-599 R-82-600 R-82-601 R-82-602 82--59 3 82-594 82-595 82-596 82-597 82-598 82-599 82-600 82-601 82-602 . w It�i�X PAGE # , tJO� REGULAR-P & 2: 6/24/82 =CT KTt�iN tSOLt TI0EN1d+ P1 I NC 55 BRIEF DISCUSSIO1, ITEM,, PAYBACK OF INSUTANCI: PREMIUMS TO BE THE SAME FOR ALL CITY EMPLOYEES. DISCUSSION 81 56 BRIEF DISCUSSION: BIFURCATED SYSTEM DV'ONT PLAZA: {SEE ALSO LABEL 58). DISMISSION 81 57 AUTHORIZE AGREEMENT: ARNOLD AND PORTER FOR PREPARATION OF A CABLE LICENSE FEE WAIVER PETITION T F.C.C. R-82-602 81_- 58 ACCEPT STATUS REPORT. DUPONT PLAZA BIT-URCATION PLAN. M-82-603 82. rM*