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HomeMy WebLinkAboutCC 1979-07-20 MinutesCITY OF MIAMI SPECIAL M MISSION MINUTES OF MEETING HELD ON July 20, 1979 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK Index 1 Minutes of Special Meeting City Commission of Miami, Florida JULY 20, 1979 DISCUSSION OF 4ROPOSID CHARTER MIN:KITTS TO BE PLACID ON THE BAIT AT SPECIAL MUNICIPAL ELECTION TO BE HELD SEPTIIMBER 18 , 1979. ORDINANCE REsou TlONN! o, PAGE NO. R-79-502 R-79-503 1-37 * * * * * * *'*: * * OtJ THE 20th DAY OF JULY, 1979, THE CITY OOM.1ISSION OF MIN4I, FiORIDiA',M'i<7T AT ITS REGULAR MEETING PLACE IN SAID CITY IN SPECIAL SESSION TO .00NSIDDt. BUSINESS OF PUBLIC IMPORT. THE MEETING WAS CALLED TO ORDER AT 2:25 P.M. BY MAYOR WITH THE FOLLOWING MEMBERS OF THE COMT'IISSION PRESENT: COMMISSIONER ROSE GORDON VICE - MAYOR J. L. PLUMER, JR. COMMISSIONER (REV.) THEODORE GIBSON MAYOR MALJRICE A. FERPE COP MISSIONER AR<ANDO LA CASA ALSO PRESENT: JOSEPH R. GRASSIE, CITY MANAGER R. L. FOSM DEN, ASSISTANT CITY MANAGER GEORGE F. K! OX, CITY A."'IVRt1EY RALPH G. ONCIE, CITY CLERK MATT? HIRAI, ASSISTANT CITY CLERK ABSENT AN INVOCATION WAS DELIVERED BY REVEREND THEODORE R. GIBSON, WHO LID THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG. 1. DISCUSSION OF PROPOSED C}Ws.2k rt At :TJ T 1Tv TO SE PLACED 0n T HE BAM.l r AT SPIMI1 L !'1Jt1ICIPAL ELECT_'ION TO ThE Sf 'TC 1C, 1979 Mayor Ferre: Good afternoon ladies and gentle en. The purpose for the callina of this meeting, is to consider two amendments which are before you to be placed on the September 18th ballot. The reason why the meeting was called is in keeping with the pacers granted to the Mayor under the Charter, and the reason why today, is today and not Monday, is because under the charter amendment rule we are guided by, which is Metropolitan Dade County Rule, any amendments must be placed on the ballots before 60 days. Tomorrow is the 60th day before September 18th and, therefore, today is the last day something like this can be placed on the ballot. It seems to me, that there has been a great deal of discussion on the question of the see -through and set back provisoes on privately owned waterfront property and the question of the proper and effective way of controlling We do leases of presently o0ror211c such leases as does to the 27e oraprivate litanrDade County have presently aboutI'm sure there and, I guess every every government in the country and I ' will be others. There has been same criticism,I think with justification,that we have not been explicit in outlining the area that would safeguard the public. I'd like to explain both of these amendments. You've had them for the last half hour or hour which, of course, is not sufficient time, I recognize. But, let me go over the process of explaining this for a moment and then I will open it up for discussion. What in effect we are doing is simplifying amendment number 1. The item that is on the Charter amendment for November the 6th. There was a comment, I think it was in the editorial for today, I guess it was the Herald, or the News, I forget which, which wrongly stated that this should be placed on the ballot. Well the fact is that it is on the ballot, it was placed in June on the ballot for November the 6th. 'hat this does is to clarify the language in a way that is not oppressive and it gives the Commission the proper role in discussing these matters in the future. It. So what it does is in our constitutional charter it states the intent and then does not preclude the Commission, in the future, from voting on these matters. The second amendment is a Charter ordinanee,a change of the Charter, excuse me, so that four conditions are absolutely essential for any lease provisions. One, is that there will be public access to the water and public use of all publicly -owned property. Second, it assures or at least helps, the City of Miami Commission establish whether or not it is a proper business deal for the City because it requires two independent appraisals on each lease. Thirdly, it makes it comply with the master plan.. Obviously, the master plan that is in effect at the tire that this matter is discussed. And, lastly, it requires a co etitive bid or canpetitive negotiation process in accordance with the procedures established by the Florida Professional Competitive Negotiations Act. Now, the last paragraph says that no new leases or old leases can be excepted, they will be invalid unless they have those four provisions incorporated and there is a way for you to bypass and avoid those four provisions, and that is by going to the majority of the voters of the City of Miami. Now, the drafting of these two documents has been going on for a few days and I have discussed, this with about five or six different attor- neys. The document itself has been approved by the originator of both these amendments, Mr. Dan Paul, and he is in complete agreement with both of these documents. I think that these matters are self explanatory. It is my opinion that we should permit the people of Miami to express their opinion here, unlike other petition items that have been submitted and discussed. I think these have proper relief and escape clauses in a reasonable way so that it is not something that would completely devastate the proper proceedings of the City of Miami. Now, there are those who feel that some- thing like this should not be on the Charter. I disagree with those people because I think that when you are dealing with the waterfront, and since the City of Miami does own 25% of the waterfront, I think it is healthy to outline specifically the limitations of how leases can be made on the waterfront.'lith regards to private ownership of land on the waterfront I think that the provisions we are discussing are not onerous,they are reasonable and can be lived with. For example, Mr. Jim Reid,who is walking in,has been stressing the alternative of a walk -way rather than a 50-foot setback walk -way being 25 feet. This change would not pre- clude that, because if indeed, in the opinion of the Commission, that walk -ray were better for the public than a 50% set -back there is no reason why the Commission under this, could not do that without any problem. And so I think that it is both a flexible document, a reasonable document, it answers the objections and the problems of most people. I realize that that there is some emotionalism that has been generated by this process. I hope that we can overcame that and get on with the business of the public. I would like to say two additional legal things which....I have asked the City Attorney to prepare a memorandum as to how, why this meeting had to be held today. And also an explanation as to whether or not this matter can be, once it's adopted by the Commission, fission, if it should be adopted, as to whether or not it can be amended. It is my understanding, Mr. Knox, that, and I have talked to Joyce Dieffenderfer, and I think she concurs that even though we adopt it today the item can be amended as long as the final draft is not printed. And the matter before the electorate will not be printed for 15 days, that is 2 weeks. So in effect we will have two full weeks if this Commission should at any time want to change the amendments as proposed if they are adopted. Obviously, if they are not adopted then them is nothing to change. Would you, on the record give us the legal answer on that? Mr. Knox: Yes sir, I have distributed a memorandum which sets out essentially what the Metropolitan Dade County Charter provision requires with respect to placing matters on the ballot concerning the amendment of municipal charters and that provision requires that 60 days elapse from the date of the adoption of the proposed charter change by the governing body of the municipality, and the date of the election. •And the calculations are such that this would be the last day that those 60 days would be able to elapse. CAUL 2 0 1979 As to the second question, there is also a requirement in that section of the Metropolitan Dade County Charter, which requires that members of the public mast be given copies of the language that is to appear on the ballot not less than 30 days before the election. This would allow any changes in the language to have been made, but the matter becomes solidified if you will, at such time as the public is advised of the precise language that's to be on the ballot. So that the language may be changed up to the 30th day before the election. Mrs. Gordon: Mr. Mayor, I find it very sad that your secretary who called me at 10:00 o'clock this morning, advising me of a special meeting at 2 o'clock, didn't know anything at all about what you intended to bring up here this afternoon Mayor Ferre: It was not my secretary that called you Mrs.' Gordon it was; be, that's Mrs.'Gordon: I spoke to Marie Petit whatever her title may point we should't dispute, Marie Petit called me...... Mayor Ferre: She's my assistant, and she doesn't type and she didn't know anything about this. I asked Marie to call the members of the Commission for the purposes of a meting. She was not involved in the drafting of this document. Mrs. Gordon: I asked Marie Petit to contact and ask you specifically what you wanted to bring up so that I could be knowledgeable about the matter that you are laying before me. I walked in here from the luncheon which took place after the dedication of the Ball Point property, at exactly 2 o'clock as you called this meeting to be held at 2 o'clock. I feel that it is a show of bad faith on your part not to have made sure that every one of us who are sitting here was given the opportunity, at least, to read this and compare it with other proposals that have been before this Commission. I cannot find any reason, whatsoever, that the five day rule should not be invoked, so I asked Mr. Knox and he said that there is a loophole in that five day rule and the loophole is that you call a special meeting. Well, if you are going to take that approach, and you think that's a reasonable approach, then in any instance where you wish to spring some- thing on us without notice you could logically adjourn a regular meeting and reconvene as a special meeting and pull off any little stunts you want to pull. Now, I think that this is an attempt to circumvent sane of the provisions which are very important to proctect the waterfront of the City of Miami, and I believe, Mr. Ferre, that you are well aware of that and that is why you didn't choose to give me a copy at 10 o'clock this morning. Mayor Ferre: The two items before you were typed in their final form at 1:45. They have been changed at least 15 tunes today. Now, I apologize for giving this .....I'm sorry at 12:45 I I think I delivered them in your office et 1 o'clock. We were finished at 12:45......... Mrs. Gordon: The stamp on mine Mr. Ferre, is 1:35 P.M. and you didn't tell me to come here at 1:30 so I could have a half hour to became acquainted with these provisions.... Mayor Ferre: I would, on your legal question defer that to the City Attorney. Mr. Knox: Section 2-9 on the Code of Ordinances which sets out the procedure and requirements concerning meetings of the Commission and sub -section 9 of that same section it reads as follows: Nothing in this section shall prohibit the Mayor from calling special meetings at any time he may deem proper for the consideration of any business of public import and without complying with the other provisions of this section. The Mayor has the power has the power to call a Mrs, Gordon: We didn't doubt your word to me before Mr. Knox, I didn't doubt that you were reciting a legal opinion that came from the Charter or the Code. That isn't the point that I awn stressing. I'm stressing that 3 JUL 2 0 1979 the Mayor has taken an approach that, in my opinion, lacks,... is not rational for us to be expected to blindly rubber stamp anything that he lays before us. Maybe some of the people here rubber stamp the Mayor but I don't. Mayor Ferre: Again, I want to point out that if it weren't for the fact that the September 18th election is 61 days away, we could have waited until Monday. Secondly, and more importantly, I want to point out that you have 15 days to change this. I will, if you have any changes on t+bnday, or thereafter subsequently, I commit myself to call a special Commission meeting for any purposes dealing with these two amendments any amendments that you want to add to the amendments. Mrs. Gordon: Mr. Ferre, the month of August traditionally has been a ironth where people leave town and I's sure that many of us sitting up here will not be in town during this month of August. There is a City Commission meeting that is scheduled for November the 6th, I wonder why there might be a fear of having it placed on the same ballot that you are running for Mayor, or some other persons are running for Commissioner. I expect that you have sane concerns about this appearing on the ballot at that time. taayor Ferre: I think this is a matter that has drawn sufficient interest and attention that it should be place before the electorate on the next opportunity. The next opportunity that we have is September 18. There is nothing wrong with that. I have, you know, the same person that you have been talking to on these things, who happens to be the man who has the interest in this, Dan Paul, completely agrees with that,and he's the one who has been, through different channels, been throughout the community, expounding on the subject. I have no problems with that. I don't think that this in any way eliminates for example, your petition. I think that your petition is a much more drastic petition which I expect for you to continue on. I think this will be on the...this will be a matter to be voted upon on November the 7th. We are not eliminating your petition, Mrs. Gordon, I think that you will continue to get your signatures and that you will have a much more drastic thing on the November 6th ballot. This in no way guts that. (Commissioner LaCasa entered meeting 2:35 P.M.) Mrs. Gordon: I call your attention to another error. The error is in the numbering of these amendments. If you will notice me. Pauls' amendment, the copy that he called in. Apparently, he's out of town and is numbered number 2. You have it numbered number 1 Mrs. Gordon: I think that perhaps you need to correct that because Mr. Pauls' amendment number 2 is the proper number for what you have titled number 1. Mayor Ferre: Well, the only reason I disagree with that is that I go back to the origins of all this and this is the order that they were presented in. What happened was that one of the ordinances, I mean one of the matters never got on and therefore, number 2 became number 1. But that's all mechanical in nature and that's something that will be addressed. I have no objection to reversing the order if this is accepted and passed. Mrs.. Gordon: In either case, whehter it is accepted or not, I would respectfully request that the numbers be reversed. Mayor Ferre: I. have no problems or objections with that. Do you George? Mrs.tGordon: O.K. Mayor Ferre: I have no problems with that. I would suggest that we go on these amendments one by one and discuss, if you will, and again I want to reiteriate that beyond today any other changes that you wish to make I'd be very happy to if not on the Monday meeting, to bring it up for special consideration provided, of course, that it be done before the next 15 days. Beyond 15 days, obviously, this will be on the ballot should it pass today, on September 18th. "JU L 2 0 1979 Mrs. Gordon: I find this rather amusing to one extent, Mr. Mayor, and that is that you know the expression about if the people shout loudly enough the politicians listen. It pleases me, at least, that you are at least listening to the extent that you are willing to put even a watered down, not effective version of what should be a protective ordinance amendment Mayor Ferre: Mrs. Gordon Mrs. Gordon: Let me finish on the ballot. At least you have accomplished that much of a flip flop. Mayor Ferre: Mrs. Cordon You will have ample opportunity between now and November 6th to say all of these things, and the people of this City, "should you make yourself available for running for public office in either your own seat or for mayor, will have ample opportunity to express their -opinion on all of these things. I don't think that this is the proper form or the time to get into any of that and I'm sure we will have ample opportunity in the future. Now, with regards to the watered down version, I think that what we have here is a responsible version, and I think that it should be moved on and again, I want to stress that it can be amended wihtin the next 15 days. Reverend Gibson: Nr. Mayor, may I ask a question? Before we vote, I just came back from a dedication and groundbreaking luncheon where a number of us present witnessed a landmark in this community such as we have not had since the boom days. I would hope before we proceed further that about 1, 2, 3. at least 4 people here who worked like trojans to bring that business about at noon, that celebration we had, that we would I'm sure that this will be done but I would like for than to be given an opportunity. I think most people know that Theodore Gibson is opposed, in principle, I just am terribly disturbed and troubled about what you do with this waterfront. I think I've said this before and I'm gonna say it again on the record, I would have felt far better, far more comfortable if a survey was made to determine the number of pieces involved and what it would do, and what is the norm. That wasn't done. I have some real problems as an administrator of an institution where people are always crying out. Running and institution by crisis and I would hope before we vote those people would be given an opportunity to react Mayor Ferre: Oh, of course Reverend Gibson: because I have sure everybody understands. Mayor Ferre: Father, let me reiterate hearing on these items on Monday and I packed. This Commission will have the public hearing on Monday to amend this Reverend Gibson: Well.....:. some real problems. that you know, we have a public expect that this place will be opportunity and the end of that item Mayor Ferre: Furthermore, excuse me, we will also have the opportunity' to withdraw it if the majority wishes to withdraw it. Reverend Gibson: Well, I just want to make sure that everybody understands today, unless I get some far more intelligent information than I have, I am unalterably opposed. I just think....look, I know what you are trying to do, but listen when I'm talking about even that other amendment, that one, that petition business, I'm opposed to it. I remember when Mel Reese was the City Manager, and Reese gave us an opportunity to go to New York, you, Rose and I, we were there representing the City we were on the bond market. Remember haw they reviewed the bond situation as pertained to Miami. I came back very impressed with the consciousness that you cannot afford to play games with that money market. All you have to do is to watch what happened to the County. Merrill Lynch decided that they were not going with the County's bonds. Now, I just warn all of us and I want to end with this, I heard one of the famous football players of the Dolphins saying in the News this manning that he'd been here 10 years and the climate of the City of Miami and the County of Dade flier JUL 2 1979 was such that he didn't find it possible or convenient to rear his children so he wants to go to Minnesota. I want to elaborate on that. he may have• another hone to go to but this is my home, I was born and bred here and I will fight to the end, see to it that nobody abuse, destroy nor take advantage of this community. I feel that we should not, we should not do some of these things because, you know, now, I want to hear those people because I may be wrong and I am always open to be educated and to be taught and if they can educate me that Theodore Gibson is wrong, I promise you right on the spot, I will change my mind. But I am so terribly morriea, terrioiy afraid, and I want to put this in the record, any initiative petition of any kind even that one for the County with Mr. Wilson, I want to put every- body on notice and on guard, I'm going to use every inch of strength I have to go out here and tell the people don't be a fool that it is not in their best interest. I want to make sure everybody understands so nobody says later on but Father you weren't with us. You know no o k Mayor Ferre: Just as an aside, I want to say for the record, that I told Merritt Stierheim yesterday that he could count on me to do anything publicly or any way that I could to ...to fight against that proposed change in the :Tillage for Metropolitan Dade County. So T agree with your. statement. Now, Father with regards to the amendments before you, previous to today, without the end of the sentence that begins with the word unless, I would have agreed with you. But I want to reiteriate on the record...... Mrs. Gordon: Which one are you talking about Mr. Ferre? Mayor Ferre: Amendment -the top amendment which deals with private property, which is herein identified as amendment number 1 which I will agree to change to number 2. I am on the 1, 2, 3, 4, 5, 6, 7, 8, 9, 10th line in the second paragraph. On the loth line, you will look at the word unless, and it says, " unless through design site plan review,direct public access, public walkways and plaza dedications, or other canparable benefits to create a better urban environment and public advantages which after a public hearing,thereon,would justify, modifying or deviating from such setbacks.." Now, what that in effect does, and I' going to say it very openly, I do not want something as drastic as this and as difficult to define, to be chiseled in stone. I do not want it. I will not vote for anything that is that drastic. This sentence gives the City of Miami Commission the opportunity to decide through design, site plan review, direct public access, public walkways, plaza dedications and other benefits that we will have to decide whether or not it is justified in modifying or deviating from such setbacks. Furthemrore, I want to say, that this exempts all docks, and all marine structures, single family residences and industrial use along the Miami River and the Port of Miami, which is another one of the major objections previously discussed. So therefore, what I am saying once again, is that this is a reasoned and reasonable way to approach a very complicated and a very difficult problem. This will not satisfy everybody but in my opinion this will satisfy the great majority of those people who had concern on this matter. In the second amendment on the next page, it specifically says that there are four requirements that defines how a City of Miami Commission can, in the future, make a lease with anybody, and these are the four conditions. It mast be acoessable to the public. We have to do that. We can't take public property and not make it acoessable to the public. At what fee? It doesn't state fee. Gordon: Nell, then there could be a fee. Mayor Ferre: That is something that the Commission must deliberate on. This is a constitutional amendment of the oonsititution of the City, the Charter, we are changing the Charter. We cannot specify everything, that is what people are elected to do. Mrs. Gordon: You take this out of context though, if you read the entire thing you might recognize the fact that you couldproceed exactly. the ,i Mayor Ferre: Mrs. Gordon, when you interrupted re, I interrupted you. Mrs. Gordon: I'm sorry, I apologize for interrupting you, "' I won't interrupt you. Mayor Ferre: I'll recognize you as soon as I finish with these four items. One is, under terms and conditions which prevent'public access to the water or public use of such praberty. B.--a fair return to the City of Miami. I don't have any problems with that at all, with any of the leases that we have....I think they all return a fair return to the City of Miami. But here, we are being a little bit extra cautious and we say based on 2 independent appraisals. Well, that's what we've been doing with most of these properties anyway. The third thing is for use hot authorized under the Master Plan. That is a reasonable thing. That does not do any injustice, for example, Watson Island is clearly identified •in the Master Plan, Ball Point is identified in the Master Plan, the Convention Conference Center is identified in the Master Plan, the property along Dinner Key is identified in the Master Plan. So there's no pproblem with that and it just puts it in as a statement of philosophy. And lastly, without competitive bids I mean I'm sorry, you must have competitive kids or competitive negotiations. Now, with the exception of 1 of the 22 leases or, let me correct that, with the exception of one of the leases that I have deliberated on along with all of you, we have had competitive bid or conpetitive negotiations. And, I might point out, and then I'll recognize ycu Mrs Gordon, that talking about changes and flip flops and all that, it seems to me kind of strange that even though you voted for all, without any exceptions, the leases that are presently under attack including Monty Trainer, and on and on and on that.... and then you, on Watson Island changed your opinion, and I recognize that you are entitled to recognize your mistake and say you were wrong. But then, I'm surprised that you want to deny that to other members of this Commission. Mrs. Gordon: O.K. Mr. Mayor, with regard to the points that you made, I'll try to answer then the way I see them one by one. The amendment now called number 1 which deals with the leasing of the public land to private individuals, nothing at all in these four points that you are bring out, will prevent this Commission from proceeding in exactly the same manner that has been the pattern but at an accelerated rate, lately , which has tremendous amount of concern to me and to many other people. Over the years there was never this deep desire to let's give it away, all of it away as fast as we can get rid of it and the public be damned. You see, I may not be around for another 25 or 30 years, but God willing my children and my grandchildren will, and I would hope that we..this Commission will not be looked back upon as the Commission that gave away the heritage of our kids. But that is exactly what this wording in this amendment permits you to continue doing, you see. And, that is why I feel that the haste that you are demonstrating to me today has me again concerned because you wish to put it cn the same election with the change of the tax structure. Because I can assure you that I will be out campaigning against that amendment for the reasons being that that amendment could very well close all services and become a very dangerous thing to this community, even to the City of Miami who depends upon Metropolitan Dane County for many of the services that we receive, including the support that is given to our own Police Department. Sothe therefore, while we are out campaigning against the tax amendment at same time, you want to tell me you are going to be out there campaigning for an amendment to proctect the waterfront, I doubt that, but assuming you have good faith in that direction lets at least put an amendment on the ballot which traely proctects the people fran the kind of continuous leasing we have been doing. Now I will accept amendment to this Mayor Ferre: Mrs. Gordon: No, that is not the point, the point is the....you wish .. this....ny_opunion, O.K., you might not have this in your mind, but it in strikes me that you wish this to go dawn at. the same time the tax amendment goes dawn. O.K., Now the Ball Point you specified.......... JUL 2 0 1979 Mayor Ferre: I don't ....that's not so..... Mrs. Gordon: within the Master Plan. Now, the Master Plan called for Ball Point to be a park. It's not a park. I went to a groundbreaking today. It's a good size development. I can't think in anyway you can call it a park. O.k. All right. You mentioned some other areas, I might remind you that in the Master Plan this exhibition hall would not be here. Therefore, you know there is no qualms on this Commission about deviating from a Master Plan there's absolutely you don't lose any sleep at all. Maybe sane, maybe a wink, but not much. Mayor Ferre: You seen to be arguingagainst your main agrurnent. Mrs. Gordon: I'm not arguing, I: am just saying your points of stressing this conforms with the Master Plan is not true..... Mayor Ferre: It's one of these proposed before. Mrs. Gordon: Oh Maurice, you said let you speak, I let you speak, speak O.K. You didn't even apologize to me, I did to you O,K. Alright, getting back to the actual points in this proposed amendment la, finder terms and conditions which prevent public access to the water or public use of property; is very nebulous because if, number b comes into play; which does not result in a fair return to the City based on 2 independent appraisals; which means you don't have to have any problems at all about leasing out the property. And c, Mayor Ferre: Rose, if you look down the bottom it says Mrs. Gordon: I'm reading, let me finish........... ,.....all four must be done all four. Mrs. Gordon: Maurice, Maurice, we agreed, one at a time, O.K. Ntmber c, ".......for use not authorized under the then approved Master Plan of the City of Miami, well, you know that doesn't mean anything at all. You might just as well strike it out because it has no meaning whatsoever in this context, in this amendment. O.K., "d, without competitive bid or competitive negotiations in accordance with procedure so and so, well we are mandated by law. We are a public body, we have to go this route, you don't even have to put that in, we have to go that route. "Any such lease or management agreement or proposed extension or modification of an existing such lease or management agreement which does not comply with each of the above requirements. Well, the above requirements do not have any meaning so this does not either. Shall not be valid unless it has first been approved by a majority of the voters of the City of Miami. This whole thing is totally not worth the paper you wrote it on. The second, amendment number 2. Well, you are not ready for number I'll pass on that until you are ready for it. Mayor Ferre: Alright, I think Mr. Chapman has to get back Z. Plummer: Mr. Mayor, I have been very quiet, let me just make a few comments and because I want to tell you how I feel very truthfully. I guess really, in effect, I have a third opinion. Mr. Mayor, the way I see this here today, is only really in fact, voting on one issue. That issue is do we want to put this on the 18th ballot or not. And, that's the key gut issue here today. Now, let me tell you how I look at that. I look at that very simple. I saw an article and I havent, I guess fortunately, haven't been able to read the paper much recently. But the article that I did read said the thing that has concerned me about these amendments, and that is bonding people, The financial world has said Metro, baby, we ain't gonna loan you a dime until that Harry Wilson has proven or gone down the drain. Mr. Mayor, we have in this community, as I last recall, between, either in progress, in the ground, or on the boards a half a billion dollars of construction in this community, in this City, let me limit that. And, I have to believe that the financial community 1 who said to Metro no more, until you get it settled is looking at these amendments with the City of Miami with the same light. And, I want to tell you, I want it on the 18th ballot, let's submit it to the people, let them speak. Then the financial community will know where this City is and we can go forth or we can sit, drop back, regroup and go forward again. I am with this today to put it on the 18th. I will reserve the right between now and the deadline, I think, of approximately August the 5th of making any changes that I think , I feel should be there. Nothing short of withdrawal if I feel that way. But l think that the issue that we are voting on is not this amendment that is etched in stone,but do we want it on the 18th or not. That is what I think, the way I understand it, that is what I am voting on. If this is the wording on, I have no problem, we were asked the other day, in another draft, and I've seen more drafts of this thing floating around than I ever thought was possible. We were asked by Mr. Paul the other day to put that draft, which he himself has changed six or seven times, since he asked us to put it on the ballot that day and we are reserving the same right to ourselves. There is nothing etched in stone here today except the right to let the people make a decision so the financial world will know where this community stands. the sooner we get those answers and get this matter resolved, I think the more we can proceed towards the future. When we are looking at a project like Ball Point Par... Ball Point project, that man stands here and tells you that he is suffering on a 200 million dollar project, and that's increased over night, I thought it was about 120 but anyhow, at to inflation a month that can make or break that project. That applies to other major projects that are going forth in this community. And, I tell you, to me if we want that downtown to develop the way we think it should we have got to proceed and pu this matter to rest. Not us, the public who will have the right to vote,, who make the decisions as to what they want. Mr. Mayor, I reiteriate, the bottom line as far as I'm concerned, is are we going to put it on the 18th ballot or not, and I'll tell you as far as I'm concerned, I'm ready to' vote right now. Mayor Ferre: O.K. but I think we have same people that do want to speak and first lets hear from the administration. Mr. Grassier Mr. Mayor and members of the City Commission, the City Commission at your last discussion of this item asked that the drafts,as then prepared, be submitted to a number of your advisory boards and I would like for Jim` Reid to report to you on that process. Mr. Jim Reid: With your permission Mr. Mayor, I would just like to read the substance of the `comments made with respect to a Charter amendment versus dealing with the issue of the zoning ordinance because each board has a comment on that issue. Mr. Plummer: Excuse' me Mr. Reid, Mr. Mayor, am I mistaken of Monday is a public hearing on this matter? Mayor Ferre: That is correct. Mr.Plummer: Then I think all of this is really immaterial at this time. We are still going to have a public hearing, we still have all this input to go through. When the public will be here on a regular agenda, we can change, we can delete, we can add, we can do anything we want. Mr. Reid, I don't mean to put you dawn, I know you have done a lot of homework and your biting at the bit Mr. Reid: I'm not really biting at the bit for myself but I don't want to testify, excuse me. Mayor Ferre: Mr. Reid, excuse me. Mr. Knox, on the record again, after the public hearing on Monday, after all the testimony, if this Commission wants to amend what we passed today, can that be done legally? 1 Mr. Knox: Yes sir. Mr. Plummer: O.k. Mr Knox: The matter does not became one which must be placed on the ballot until it is infect, placed on the ballot, and that is ,the procedure initiated by the Elections Division. Mayor Ferre: But, nevertheless, if we don't vote on it today, then. on. Monday we could not put it on the ballot on the 18th. Is that correct? Mr. Knox: You must today, adopt a resolution which begins the clock to turning. Mayor Ferre: O.K., So Mr. Reid then we will hear your report on'Nbnday. Is there anybody else who wishes to speak at this time. Mr. Chapman. Mr. Chapman: Mr. Mayor and members of the Commission, I'd like to speak. to you on behalf of the New World Center Action Committee because I think we are directly affected by this amendment number 1 or 2 which pertains to the private property of it. Now, I have no major interest in the lease. .business but I'd like to talk about the private property part of it. As this lease is written, it would provide for the 50 foot setback, which our committee basically approves in principle, it would also provide for the see through which our committee and this community does not understand and has not had the benefit of any significant public disucssion on it. And, it would provide no provision whereby many projects in this community that have gone through all of the Planning and Zoning hearings and have gotten all of their approvals could go forward, and they,under this provision as written, as I understand it, would have to come back to the City Commission and in effect, get another approval for their project. So, this can have a moratorium effect and my committee considered this at great length last Nbnday. We talked about it quite a while and we adopted a position paper which said that we are opposed to the moratorium concept very strongly. We had every member of that committee present. Over 50 people voted for it. Mr. Paul did not vote. He said he liked sane parts of it and not others. But we are opposed to the moratoriums concept. Now, this Commission can find same wording and I have sae to suggest, that will eliminate from consideration of this resolution that the people of Miami are going to debate, and consist and discuss between now and September 18th or November 6th. If you can find sane wording to exempt the on -going projects, then our committee would support the basic idea. We do feel that there is no need for a Charter amendment as opposed to the ordinance, but if that is the wisdom of this committee, we are not going to fight that. But we are strongly opposed to this affecting projects like the Ball Point, like the City of Niami Convention Center, like Claughton Island, for example, that have been through all the process and are ready to break ground. And, if you will find a way to exempt those, as I said we have sane language to suggest,then we would feel comfortable with it. Mts. Gordon: Mt. Chapman Mr. LaCasa: Mr. Chapman Mrs. Gordon: ...do you find any urgency in placing this on the September 18th ballot, when we are going, all of us, be out there campaigning to knock down that tax amendment. Do you find that this might, in fact, muddy the waters? Because if we are in sincerety you know this Commission is really sincere in the attempt to protect the waterfront they are not going to be able to say to people, hey look, this is good and this and this is bad, because there is only one thing on the peoples mind right know, and I can assure you of that, they are only concerned with the tax amendment. And let me tell you we are going to have to fight pretty hard in our meetings around this entire community to make sure that goes dawn in defeat. I would humbly ask this Commission to stop playing politics and lets get on with the job of protecting the City's interest in this tax referendum. Mayor Ferre: Father Gibson. �UL2015; Reverend Gibson: Sir, I warned us, I was the single voice, the record will reflect, I have heard it it was played back to me, o.k. I was the single voice that said one of the reasons I was opposed to this kind of thing was, that no study was made to tell how many pieces, that we did not say to the people who were already in the pot, we will exclude you, but any and we will take no more plans beginning an effective date. I don't know how lawyers deal with that but it seems to me that if we had said all of the plans we had, we will deal with those, we will not take any other plans, they would't have had no problem out of me. My one day in law school says that you can't do that to a man. Knowing that, I would be unalterably opposed and bitterly opposed. Now, if you want to exclude those people who have already put their name in the pot and have their plans point, you will get my support because it is unfair. That was my contention. .So, you and I are on the same wave leneth If you find Mr. Knox, and the rest of us, a way to exclude those people, the Convention Center, the Ball Point property, if you exclude them, I will say O.K., alright. Mayor Ferre: Father, on the record so that this is very clear Mt. Knox, should amendments 1 and 2 be adopted today, I will not use any parlimentary tactics to preclude any motions on Monday or for the next 15 days, and I will accept any amendments or exceptions that any member of the Commission wants to make, either on Nbnday or any time that any member of the Commission wants to call a Commission meeting, as long as it is legal, and I understand that is for the next 15 days. And I include the administration on that Mr. Grassie. If in the next 15 days Mr. Reid, or Mr. Kenzie, or anybody in the staff have any problems I would be happy to consider those amendments that are at a specially called meeting. Mr. LaCasa: Mr. Chapman, last Wednesday night we had the opportunity to listen to the disucssion of the Planning Board of the City of Miami and I believe that the message that the Planning Board of the City of Miami sent to this Commission was very loud and clear as far as, not only the question of the amendment itself, but also as far as the moratorium. I, for one, am totally and completely opposed to any the slightest possiblity of a moratorium effect in whatever action be taken by this Commission. And if there were to be such action taken by the voters of the City of Miami, I, for one, would campaign as much as I can, against that sort of a possiblity. This amendment, this proposition that we are discussing here today, in your view, lacks guarantees that it will not have any retroactive effect, so to speak. Mr. Chapman: I can't accept that. I admit that I have not studied it very long, but I have read it three tines since I got a copy of it, and it says that unless these people have their building permits, they have to come back to the City of Miami Commission. And we are talking about putting something in the Charter, and if they came back it says, the City may exchange the see through business for a walkway or access or other things, but it doesn't say they have to. These are people that have in good faith, have gone through the process and have got their plans and there is no provision for there except another trip to the City Commission. Mayor Ferre: Mr. Chairman, if it is the will of this Commission, I want to reiteriate again, that if there is 3 people on this Commission that want to exempt any one of these projects, I will obviously,accept it as an amendment to this change. Mr. Chapman: Well, reflecting the views of our committee again, let me restate, our principle concern is moratorium. If you out the moratorium. if you put the moratorium.....put a provision in there that will exempt the projects that are in the pipeline, then our committee will feel comfortable with that. The second provision that.,which we have concern is the concept of see through and your Planning Advisory Anard voted 7-0 last Wednesday night, and Mr. LaCasa was there,that they didn't want any, didn't understand see through, didn't believe in it, didn't think it made sense. They voted 7-0 in that regard. But our committee has said that the concept is see through is a new concept, it has not been fully discussed in Florida and it needs a lot of discussion and we would support a full discussion of the principle so that we can all understand what we are talking about. But we don't think that this community is ready to ev=, It. '1 JUL 2 0 1979 to vote on legislation about see through, at this time. So,I would really favor Commissioner Gordon's view that this thing needs alot more time as far as the time in which we voted. But our basic position is that we want to take every step possible to be sure that those projects that have received approval to not get blocked, do not have come back to this Commission or any future Commission about their projects, so that they can go on. And, the second thing is more discussion about see through and the third thing is that we support the setback. Mrs. Gordon: I would be in favor of us taking a position for the Novenbe 6th ballot and saying there be no moratorium on any projects that are currently on the books. And,I think that if we pass that in a resolution that we will protect all of the financial interest that are currently working. Mr. Chapman: As long as that is specifically stated, Mrs. Gordon: Yes, I would so move that and that be an amendment to the Charter amendment that we have already agreed to place on the November 6th ballot. Mayor Ferre: The chairwill not recognizethat notion at this time but will recognize it as soon as everyone is permitted the opportunity to speak. Mr.' Fine. Mlr. Fine: For the record, my name is Martin Fine, 2401 Douglas Road. I have a very strong feeling that this Commission is being stampeded into trying to pass same Charter amendments, that for sure, one of them does not have to be at all, whether it is in my opinion, September 18th or November 6th. I am violently opposed to questioning the integrity of this Commission or any future Commission,which says that it does not have the ability to properly administer a basic zoning law. And while I have a great deal of respect for Mr. Paul and his ability and his commitment to this community, I think he is misleading this Commission by telling you that he does not trust it or future Commissions, or perhaps that is how he feels, about being able to follow zoning law. I can see the possiblity of having the lease provision providing that it is carefully thought out, so that there is a binding, irrevocable commitment. But I am very much concerned with any zoning, whether it be see through, which is the New World Center Committee says we haven't really been able to study or to understand, being a part of the Charter. And, while I know that we are, unfortunately, involved in more things than appear on the four covers..four corners of this instuzment I would very strongly ask that you not consider placing either in September or November and that no one circulate a petition in that regard. But, I would also like to specifically ask that whatever action you take today, if you take any at all, have included the following language, "that nothing herein contained shall in any manner affect or apply to the City of Miami/University of Miami James L. Knight International Center and Hotel facility, including all improvement thereon." I would like to share with you, as I'm sure all of you know, and Mr. Grassie and Mr. Grimm can verify, that you all have spent a great deal of money and a great deal of time on the convention center and I think that in order for it to go through there is going to have to be continuous modification. They are going to be back here on Monday, and there are enough legal problems confronting that project now without adding others to it. I would like to just share one last comment, because the hour is getting late, that is I am concerned, let me preface my remark by saying I respect the right of petition. I think it is an important in our society and in our system, but once people advance certain ideas they no longer control those ideas or the effect they can have on our community. I do agree that this September 18th election with the County is a very important one and one we are all going to need all our resources for that. But, I really believe that to say that we can't trust this or future City Commissions to properly zone and give access to waterfront, and do a lot of other things is absolutely incorrect. I have lived within the City limits of the City of Miami for 32 years and I just have enough respect for the Commission; 1919 and respect for the citizens to change the CommissionersWho don't want to do it that way to go back and get it done. But I would respectfully request that if you are going to pass anything today, tnat you amend your motion to include the City of Tliami Convention Center,because otherwise, I think you have a problem. Let me just give you this example. I believe that it mould be impossible now, for any title insurance company to insure a title to any property located in the City of Mimi on the waterfront. The mere fact that this hangs over us as a cloud would have to be set forth in its opinion and in its title policy, and I think that will have a devastating effect on projects like Ball Point, like Claughton Island, like a lot of others that are in the mill and I just think it is an inaprropriate thing to do. Mr. LaCasa: Mr. Fine, in relation to the question of the the affect or any type of retroactive affect, I would like to submit this wording to be added to this proposed amendment, and I would like your reaction on this. "The provisions of this amendment will became effective upon approval by the majority of the voters of the City of Miami and will' have.no retroactive effect on any project that is in the process otbeing developed under already existing permits issued by the City of. Miami." Mr. Fine: I don't think that would be broad enough because you see, for example, while I have no direct relationship with Ball Point, it is my understanding that that project does not yet have a permit and may not have a permit by September 18th or November 6th. And one of the things that I think we lose sight of is that we are not talking about 50 unit apartment building like we used to think about in Coconut Grove or South Bayshore Drive. We are talking about monumental projects and you can't get plans and get permits within 60, or 90 or 100 days and I really genuinely believe that the President of Metropolitan Life Insurance Company who came here today to participate in the Ball Point ceremony said, that they are very careful where they lend their money and they lend it in ccmtrunities that are receptive and I think this kind of legislation is potentially oppressive. I think if you are concerned about the waterfront and want guidelines in the Charter, I think there is a way to do that provided it is done carefully and with a great deal of.thought. I have a feeling that a lot of this is being done in a rather nasty ugiiner wltn six or sv different authors at different times, no one knows who the petition is, what the petition says, and I must tell you I am very confused about where the various projects would stand at this point but I wouldn't want to be in the middle of trying to build one right now, because I think you would have an impossible time. Mrs. Gordon: Marty, may I clarify to you, please Mr. Mayor, there is no petition out on the set backs, the see through ordinance, none. The only petition that is being circulated is the one that is right here and you may read it. Mr. Fine: I will,'I also don't want to interrupt the meeting, but I hope it does exclude the Knight Center or Mrs. Gordon: This has nothing to do with the set backs or the zoning..:,. Mr. Fine: No, it has to do with the lease and I'm saying that unless that petition specifically excludes the Knight Center, then I submit to you that by your putting that petition on the street and putting yourself behind, you are going to doom the failure of the Knight Center. In words of one sylable, I don't care what any public relations person says, or anyone else, if that petition hits the street and is passed on the ballot,. you just wave goodby to the Knight Center as it goes floating down the Miami River. That is my opinion. • . Mr. LaCasa: And this, Mr. Fine, is precisely my concern. I for one, don't believe in this. I do believe in the right of the people to express themselves, and I do believe in the right of this Commission to consult the people, if necessary. My concern is, precisely, what you point out. If this Commission does not take any action now, and we let this thing go and we are faced with a petition drive, and what that petition implies is something that can really destroy the economy of the City of Miami, then the damage that is going to be done is tremendous. What we are seeing now, is Metro government being threatened, by quite frankly, irresponsible It. stt20 197� s• actions, to a certain extent. I do believe in the right of the citizens to question their taxes, still we are facing a tremendous crises on account of this, we know what happened with the bonds of Metro at this point, as Commissioner Plummer explained. I read today in the paper, that Metro Manager Steirheim has stopped construction of Metro buildings. This contributes to recession, affects working people. The impact that an irresponsible, emotional petition could have in the economy of the City of Miami could be tremendous. Therefore, I, who I repeat, do not believe that the City of Miami Charter requires this type of amendment at this point, I am very concerned that we face a petition drive that could put on the ballot, something that would really threaten the economy of this City and the development of the waterfront and threaten the potential at investmentsthe ntshof people such as, Ted Gould, the Chairman on today and I had the opportunity to listen to a very interesting remark from the chairman of one of the largest institutions ..financial institutions in this country, where he says that the capital goes the easy way and doesn't go up hill, and I feel that responsible local governments looking for the welfare of its citizens should not make those hills. Consequently, my feeling, quite frankly is, that we need to put something in the ballot, that is responsible, that will give assurances to those institutions, that they are not going to be faced with an irresponsible petition that might pass and that might destroy the economy of the City. Mr. Fine: I agree. Mr. Mayor Mrs. Gordon: May I..... Mayor Ferre: Marty,- excuse me, I want to say Mrs. Gordon: offer the.... Mayor Ferre: precisely because I concur that the odds are that there might be enough signatures on this petition that is now being circulated, this is a totally irresponsible petition. It will undoubtly, in my opinion, kill the City of Miami, and University of Miami -James L. Knight Convention and Conference Center. It is because of my concern with this irresponsible petition that this responsible amendment was drafted, and with that I have the concurrence of the original drafter of this petition, Mt. Dan Paul, who also agrees, and will so state here Monday night. Nov, the point I'm simply trying to make is that, as Plummer put it, time is of the essence because this is something that we shoulci....the people of this community should vote upon quickly and that is why the September 18th date is a much preferable date than November 16th. 40 Mr. Fine: Mr. Mayor Mrs. Gordon: Mr. Mayor, may I make....I'm sorry Marty but the correction has to be made for the public record because a lot of mis-statements and a lot of rabble rousing has just been coming out of my left hand side of this table, and I can hardly sit still and listen to this garbage, frankly. O.K. This petition drive.... Reverend Gibson: I hope that....Rose Mrs. Gordon: with the exclusion....no I'm excluding you Father.... Reverend Gibson: Rose, wait a minute, wait a minute, letsget this straight, I hope you are not putting me in that garbage. Are you? Mrs. You are totally excluded Father Gibson. Reverend' Gibson:. Alright, I just want for the record, Mr. Fine, you heard it, I am excluded`fran the garbage. O.K. Mrs. Gordon: The Lord is with you, and so therefore, you can do O.K. I want to sirrply say to you Marty.... 1 J U L 2 0 1919 Mr. Plummer: You are not insinuating; that the Lord is not with me Mrs. Gordon: Oh come on J. L. He is with you sometimes ... Mr. LaCasa: And I would like to ask.... Mrs. Gordon: Let me finish LaCasa, you know we are all being very polite to each other today. Here is what we need to do. This responsible Commission, if it wants to be a responsible Commission, can take and amend the original petition and exclude the Knight Center and put it on the ballot on November the 6th the way the people want it to be. They don't want us, this Commission to lease out the public land by a public hearing and a lot of people who have a good in to City Commissioners, for whatever reasons, get what they want. They want to have the right to speak and say, do they or do they not want this property leased out for more than three years and if they do get it leased out for more than three years, they want the guidelines and the standards set up for their approval so that after that adoption of guidelines and standards, then this, any Commission that is sitting here can do what they feel is best in the interest of the people. But this amendment, this petition, simply says, and I will read it into the record dtso o t athtthere ee will be no more of this kind of you know, trying to color truth is, the undersigned duly qualified electors of the City of Miami, Florida, petition the Miami City Commission to place before the electors of this City at the regular City primary election on November the 6th; 1979, the following proposed amendments to the Miami City Charter in accordance with Section 5.03 of the Home Rule Charter of Metropolitan Dade County, Florida. That is the lead in. Now, effective immediately, upon its adoption by a majority of the electors voting on this proposed amendment, the Charteris Chaer of the eor tCe City Miami shallof he be amended as follows: Anything City of Miami notwithstanding, until such time as the City has proposed standards governing such leasing and contracting which have been approved by the voters of the City of Miami, the City shall not lease to or contract with private persons for the use or management for a period in excess of three years of any of the City's property along Biscayne Bay, Government Cut, the Miami River, or Rickenbacker Causeway, or on Watson Island, or Virginia Key, without first submitting such lease or contract to the voters of the City for approval or rejection. And any such existing lease or contract shall not be modified or extended by the City without first submitting' such modification or extension to the voters of the City of Miami for approval or rejection. Now, if this Commission was in good faith, they would adopt this and exclude the Conference and everything would be protected for the people who truly deserve to have what they presently own, public land. Reverend Gibson: Rose, I, I understand what you are saying, but you know, I hope, I hope for my last time, that we will not be willing to risk the future of this City. I not only dont' want.to put it on you heard what the chairman of the committee said, now, I find it hard to understand. I feel.... I tell you, I'm willing to take my gamble with the public. I'm willing to say to the public, precisely, this is where we stand, and to do other than... and I want to make this comment that I have not made before. I do not understand how Mr. Dan Paul did not offer himself for public office and can run the City;and I offered myself for public office and I can't run the City. Now, the people approved me. I went through the test, and when he canes dawn here and dances around here, all of us apparently get afraid and I want to serve notice right now, I'm sick and tired, I'm sick and tired when a guy coming down here yo-yoing me. Mayor Ferre: Park of the language of what you read here says, until such time as the City has proposed standards governing such leasing, and what this amendment that I have offered today does, is offer such standards governing such leasing for the public to vote on. We, if you are sincere, then you will deal with it and amendment any way you want, and if the Commission Roes with you on a majority, we will vote upon it. Ibw, the fact that I reiteriate, that this petition being circulated is a totally irresponsible petition. Mr. Thomas Dixon: Mr. Mayor, could I oamnent? I think Mayor Ferre: Of course you may. Mr. Dixon: I think perhaps there is a solution the disagreement. Mr. LaCasa is concerned that there will be a petition drive presented that maybe do damage and harm citizens of the City of Miami. And that is a danger that is coming down the road. Another danger is, and the County is experiencing this right now, that a petition or a referendum issue will be drafted today, or in the next 15 days, that will not satisfactorily answer the problems that are presented. Sometimes, it behooves you to move quickly and other times perhaps, it is not necessary to trove so fast. Would it be dangerous to the City to review the proposed amendment to the Charter, place them on the November ballot, satisfy the concerns of Mrs. Gordon, satisfy the concerns of Mr. Plummer, ana satisfy the concerns of Mr. LaCasa in the sense that people will then be able to cane forward with the sufficient time to discuss and present to you their arguments for a good Charter amendment, not something that is hastily done today or modified in the next two weeks. But, if we really are sincere, lets put it on the ballot on the 6th of November. You have plenty of time betwen now and the 60 day cut off to hold public hearings and lets do it right so that you are not going to be presented with the terrible petition that may emerge. Thank you. Mayor Ferre: Father Gibson. Reverend Gibson: In the meantime, let me ask, I would be inclined to listen to what you are saying, but in the meantime, what are you going to do with this? Now, it seems to me if they don't want us to go for Monday, now, if they don't want us to go now, why don't they withdraw this and let us have a reasonable, sensible amount of time to came up with a sensible amendment, which is responsible and responsive. This is not. Now, tell me, the same people who advocate what you are talking about, tell me about this. Mr. Dixon: Well there.... Reverend Gibson: Will they withdraw this? Mr. Dixon: Well, it is not my petition and I did not present it. But, all I can tell you is this, the reason that it exists is because people are afraid that their government is not being responsive and clearly, this petition has been presented, indicates in this meeting today, that the Comrission is being responsive. Reverend Gibson: You know what, let me tell you. I want to say to the public something that I would be shot at sunrise, if I ever disclosed where I got it from and what I'm talking about. The same people who are irresponsible on this thing, will be before us asking us to do something that is not unheard of, within a few days. Mrs. Gordon: What? What are you talking about Father? Reverend Gibson: I told you I'm not going to tell you because shot at sunrise. Mrs. Gordon: I don't knaa what you are talking about. Reverend Gibson: Yes, the same people are going to ask us to do some negotiating that is contrary to the philosophy, and principle,and ethics that they are advocating here. It is very interesting. I thought I'd`. better put that on the record. Mrs. Gordon: I don't know what he is talking about, JUL 201979 Reverend Gibson: I promise everybody this, when it canes up may cane up'Nbnday, I am going to say I told you so. O.K. Mayor Ferre: Alright, Commissioner Plummer. Mr: Plummer: Mr. Mayor, I have not heard any testimony before this Commission that has changed the bottom line. We are still to the point, are we going to put it on the ballot or not. Now, I think, Tan, and Alvah► and Marty, ....and Marty, on the record, I'm in favor of this amendment which will protect the Convention Center, I asked a question which Should give you the answer of what I'm thinking. Mr. City Attorney, t again, by voting favorably on this motion today, does it preclude our complete withdrawal from this on the Reverend Gibson: On Monday. Mr. Plummer: Not Monday Father, whatever the deadline is that is the deadline. Mayor Ferre: Mr. Plummer: completely on_ Mayor Ferre: Mr. Plummer: The deadline date that day? Or amending it. Or amending it? Mr. Knox: The answer to your question sir, is no. The only thing that you must act upon today. you u are going to place the question on the September 18th ballot, is that you have to direct that the language be drafted within that period of time. Mr. Plummer: Fine,so what I am saying is, I am not in stone, norisths ordinance in stone. This is just a vehicle that if we are ready, prepared, and the majority of this Commission develotms sam ethinc that th v�an,t it. present to the voters, we can do it. If we don't act today, we changing, do deleting, Now, I just....you know, there is nothing preclude altering, or completely withdrawing this, but if we don't act today, then we can't do anything on the 18th. I just....really, I've heard no testimony today to the contrary. Mayor Ferre: In suppor t of what Commissioner Plummer is saying, I would draw your attention to the 2 resolutions before us and I would like woo r Mr. Marty Fine to be given a copy, and Mr. Chapman and anybody wants one. It simply says a resoultion instructing the attorney to draft a proposed amendment. And it doesn't even go into the language. I have language here which I am sticking by. But if we adopt the resolution sans drated language. The only thing that resolution as dratewe are not tied to any we are tied to, is that we, at this Wtime,chooill have oseo ato have what alternative. If we do not vote on this today e. Mr. LaCasa: Mr. Mayor, I would like to make a motion. Mayor Ferre: I recog.....No, I told Mrs. Gordon that I would recognize her first. Mrs. Gordon: I want: to make a statement. I just want to say that, you know, this is a rortor oriented community, it s true and`perhaps everybody here 'JUL 2 0 1971 is interested to whatever extent they are interested in the preservation of the waterfront. But this thing that is being thrown at me now, is being seen by me for the very first time. I don't know what it says, so I can't comment on it. But I would refer you to what could happen to a community and I point to you, very vividly, Miami Beach, namely Collins Avenue a beautiful ooncrete jungle. Surely they have tried to close the barn door after the horse got out there, but there is no way that they can ever open up any of their view to their waterfront. The people are excluded from it. What was once miles and miles of public beaches, what is it now? Very little. Just at the end of the street perhaps if your lucky you can get in there and you can get on a public piece of ground. That is what you are heading for here, you are excluding the people from the waterfront. You are offering them a bone and you are telling them to think it is a steak. And you are _also clouding the very important issue of the tax referendum which is before us on September the 18th. I appeal to you to forget your personal reason for wishing to do what you are doing, and think of the people who you represent and keep this aside and work on these things effectively. Put this. leasing amendment on Noverr er 6th, add the exclusion of the government center and be responsible because that is your duty to be responsible and not to act in any political way. Mayor Ferre: Alright Mrs. Gordon,I recognize you for the purposes of making your motion.... Mrs. Gordon: I'm not making any motion Mr. Mayor. Alright. Mr. Rosichan did you want to say something? Mr. Richard Rosichan: For the record, my name is Richard Rosichan, I reside at 141 N.E. 45th Street, in Miami. Father Gibson mentioned something earlier about gcvernment by crisis and I feel very strongly that government by hasty and ill considered decision are the worst kind of government by crisis. And I don't think it makes a great deal of difference whether the matter in question is something that is capable of subsequent alteration or not. The Commissioners at the present time are faced with a plethora of tasks which they have just seen for the first time. The text that was brought before the Planning Advisory Board, this past week, was delivered to the members of the board only 24 hours before their meeting and the departments own recv,ntendations to the members of that board were delivered to the members of that board, and I am not exagerating, 30 seconds before the meeting was called to order. Now, I do not feel that the people on this Commission or on this board, or that any persons anywhere, including myself, have the ability to make any kind of considered decision on anything without having an opportunity for ample study of the material in advance. And that of course, includes this material here. And this is why I think that it would be a mistake to go on with this so hastily. I think that there could have been a possibility, it didn't happen, but there could have been a possibility; that by the premature presentation of hastily and even sloppily prepared material during this past week that we could have seriously jeopordized, what I think, is the best downtown development that this City has ever had the opportunity of having since the 1920's, if including even that. And that is basically all I have to say. Mayor Ferre: Mr. Rosichan, let me answer you by saying this to you, you are part of this petition drive as I understand it. Is that correct? Mr. Rosichan: waterfront petition... Mayor Ferre: No, No, I'm talking about the lease petition. of this aren't you? Aren't you a participant in this? I'have done same work on it, yes. Mayor Ferre: Alright, well, let me tell you that it is a matter of opinion. In my opinion, this type of irresponsible amendment would truely place this City in a crisis. So now, you express your opinion and I want to express mine. This could create a crisis. I think Commissioner Plummer is eminently correct in that the way to handle this is to go ahead and - outline responsibly, the standards governing such leasing now and get this 18 It. 'JUL 2 0 14n over with in the next 60 days. I submit to you sir, that the Constitution of the united States, which is a little bit more important docizent....I mean the Declaration of Independence, which is a little bit more important document, was drafted and passed in less than 15 days. I don't think that there is any problem that with this City Commission, staff and public, in the next 15 days Doming up with responsible answers and giving the people of this community 60 days in which to decide whether they agree or disagree with the standards that we have placed. Mr. Rosichan: Mr. Mayor, for the point out that the Declaration of and there was something like 1 to made to it. sake of historical accuracy, I should Independence was considered for weeks 2 hundred accessions and amendments Mayor Ferre: I'm talking about the drafting, drafting of the document. This has been considered since early June. It has been discussed in the public press, continually, every week for the last six weeks. This is not the first time this item is being publicly discussed. Mr. Rosichan: We are faced now with a revised draft on the lease amendment and as much as you choose to bring this up, which nobody has seen until. about an hour and fifteen minutes ago. Mayor Ferre: You will have 15 days In which to look, recommend changes. Alright Mr.... an I ask you a question Mr. Mayor Mayor Ferre: Mrs. Gordon: Would anything in these 2 amendments preclude the continuance of the Watson Island deal? Mayor Ferre: I think that the Watson Island, being a piece of public property would cane under what is here identified as amendment number 2, which is the second sheet before you. For the Watson Island project to proceed, it must be clearly accessible to the public. we rust have two independent appraisals that it is a fair deal, and fair return to the City. It mist be within the Master Plan and it must have been conpetitvely negotiated. Mrs. Gordon: The answer then is no, nothing would preclude the continuance of Watson Island. Mayor Ferre: The only way you can stop Watson Island, in my opinion, is ine one of two ways. A reversal of the Commission's previous stand which the last time we voted..+`.which had been 5-0 up until the last time when you changed your vote, then it was 4-1, or a specific referendum on that project. Mrs. Gordon: Would you be willing to put that specific referendum on the • ballot? Mayor Ferre: Mrs. Gordon, I have expressed my opinion in the past and am consistent with that position. Mrs. Gordon: And what is the decision? Mayor Ferre: The position is no, I will not vote for that. Mrs. Gordon: The answer is no, you would not. Then, let me ask you, would anything in this proposed amendment relating to the leasing of public land that you have delineated here today, prevent the leasing of Dinner Key to private enterprise, or to the developers who have previously negotiated with you? Mayor Ferre: The same answer in every instance.... Mrs. Gordon: Is no. Nothing would preclude Dinner Key being leased out to private enterprise. It. 1.9 IUL 2 0 1g79 Mayor Ferre: I did not say that. Mrs. Gordon: Well, would it or wouldn't it. Mayor Ferre: Mrs. Gordon, I will answer it this way. Before a lease on Dinner Key is made, it must be abundantly assured that public access to the would be guaranteed, that. it will be water and public use of the property a fair return to the City based on 2 independent appraisals, that it is within the exisiting Master...or the then approved t rester Plan, annd that it will be under either competitive bid or cope Mrs. Gordon: Nothing about the Master Plan pertains to whether or nott it should or should not be leased to private enterpristhing at is important is that, what you said, is that nothing yourputting ballot is going to change the status quo. Also.... Mayor Ferre: That is what you said, not what I said. Mrs. Gordon: Well, that is the fact. Because that is exactly what these`. amendments read. They are irresponsibly drawn, they have no meaning.... Mayor Ferre: You tell that to Dan Paul. Mrs. Gordon: I'm tellin it to you. You are the man who delivered it to. me. I have not dealt with Dan Paul on this amendment as delivered to me today. O.K. And the third Mayor Ferre: Mrs. Gordon: the 'Underwood Mr. Dan Paul was the drafter. What would be the situation on the Monty Trainer grope proper What is your opinion on that? Mayor Ferre: I don't know the answer to that Mrs. Gordon that that.... Mrs. Gordon: O.K. nothing would preclude that Mayor Ferre: That is your opinion, but your opinion and mine seem to be different, more and more, every time. It wasn't so different up until about 2 or 3 months ago. But in the last 3 months it seems to be different. Now, W. Kenzie. Mr. Roy Kenzie: My name is Roy Kenzie, I am the Executive Director of the Downtown Development Authority. I think Commissioner Plummer put it fairly straight forward to you earlierthat the question before you is really , that when you whether or not you want to put this thing on a ballot and mind or get to Monday and later on that you have a chance to change your withdraw it. Withdraw seems attention� and feel obligated to bring to your be not a bad move. But however, I world like to bring to your Development Authority attention the position of the board of the Downtown which is opposed to a Charter amendmentnaprroo, process ie n tetorms e' dives, f set backs and feel side yards, particulary as h a zoning ordinance and can best be achieved more effectively, throug r it ceundanmines appeal process. By placing a zoning matter in the Chaxte ►t and this the basic face and existing processes within the City government position has been supported by all of the boards and public bodies that you have asked to review this question since the last City Commission. amendment number 2, as you renumbered them, dealing Secondly, as written, ide yards would se as presently written with waterfront set back and rooects underway who e seeking financing would rose a mortorium aon projects which do not yet have building permits, as there is no guarantee that the Commission would not change its mind on variances or earlier agreements. Mayor Ferre: Mr. Kenzie, you are reading a statement, and I would submit to you sir, that since amendments nt ssible for the r 1 and 2 as presenDowntoted today, r were to presented at 1 o'clock that it is � n have deliberated on these proposals. It. 1 1 MM MM M WI. 2 0 1979 Mr. Kenzie: Mr Mayor, the Development Authority in its meeting Friday, unalterably stated that it was opposed to any action of the City Commission which would place a moritorium on any development which is under- way or which has gone through the regular process of the City.... Mayor Ferre: That is not before us at this time, yet. Mr. Kenzie: O.K. And the third issue is not of the board of the Development Authority and not as, and from my position as Executive Director, but just a statement as a citizen, and that is that if the Commission votes to put the matter of set back or side yards on the ballot in an effort in part to halt a petition drive, there is no guarantee that a Dan Paul, or somebody else, couldn't tomorrow mount another drive to _create another petition which could be as detrimental or more detrimental than what we have in front of us now. Mrs. Gordon: Oh Roy, the petition is not being circulated on set backs.. Mr. Kenzie: No, Mrs. Gordon: I want you to understand that because. Mr, Kenzie: I know, I kn Mrs. Gordon: Idon't want anybody to leave this chamber thinking there a petition out there circulating on set backs, there is not.... Mr. Kenzie: No,.I }mow that, all I'm saying is.... Mrs. "Gordon: 0. Mr. Kenzie: that if the Commission takes an action, which it moves in hopes of trying to forestall a petition drive, there is no guarantee that tomorrow somebody else couldn't go out and have another petition drive. Mayor Ferre: That is always true, Boy. I might point out to you that you should....that we should all pay attention to Marty Fine's statement. And Alvah, I disagree with only one thing that you said today, as a matter of fact, and I'm glad Marty Fine is here, you said that you have no particular interest in the lease portion. I submit to you, that with the lease portion, as presented in this petition dirve, and as Marty has said, the Convention Conference Center is dead, so you do have an interest in this. O.K. Alright, anyting else Roy? le Mrs. Gordon: Again, understand.... to give you more information Mr. ChaPrnan, that this Commission could be responsible and adopt the wording ofthe petition and exclude the conference center if, in fact, the intent was, to actually protect the waterfront.... Mayor Ferre: Change your petition. Mrs. Gordon: But there isn't any, there isn't any protection of the waterfront in the amendments that the Mayor is offering. Mayor Ferre: Mrs. Gordon, since you are the Chairperson of that petition drive, if you are sincere, then you would offer to change your petition now. Mrs. Gordon: Mr. Mayor, when you put this....or you decide that you will put this on the ballot on November the 6th with the amendment that the d conference center will be deleted, that will take place. You show g faith and do that and this petition drive could cane to a halt.... Mayor Ferre: I see, alright. And, today. If youdo this today. Mrs. Gordon, I wouldn't want to deprive you of going out an Mrs. Gordon: Mayor Ferre: proving.. It. It11.2 0 197Q • Mrs. Gordon: You don't have to deprive me, I would enjoy having same leisure, believe me. I would enjoy that very much. Mayor Ferret Go ahead. Mr. Robert Traugott: Mr. Mayor, Came remarks, my name is Bob Traugott for remarks to what Father Gibson said. `ssioners, I'd like to address my the record. I'd like to address my. I.... Mayor Ferre: I'm sorry, I can't here you Bob. Mr. Traugott: I would like to address my remarks to what Father Gibson made reference to. I too, am opposed to government by referendum. Govern- ment by referendum can be very dangerous. It can exert the will of a 'majority to penalize a minority. It can also affect the will of a minority over a majority. One of the things that this government was set up as.... it was set up as a representative,republican form of government. It is.... this•is a republic, it is not a basic democracy. I point this out because I have seen petition drives used as weapons, used as clubs, against this Commission. I have heard people say, well if you don't do this we will get a recall petition, we will get a this and that and the other thing. And I agree with Father Gibson that this is a type of blackmail. However, there does exist within our system the ability for a small minority, vocal....laywers who represent clients who they won't bring out of the closet, and other people who will not subject themselves to the public scrutiny to run for public office, public office holders who use as these whips to effect their will uncon....unconscionably upon the people, are the types....this exists within our system and therefore, I see no alternative but for this Commission to exercise its best judgment, to pre....protect itself against such, what I would call larceny. NOw, I know the man who has financed these petition drives. I know wherein the` money canes from. And I know of his interest Mayor Ferre: Mr. Traugott: Mayor Ferre: You are talking about this.... I'm talking.precisely about that.... about the Rose Gordon, Marilyn Reid petition. Mr. Traugott: I'm talking precisely about that, yes. And I want to say something else in defense of this Commission, I don't know of any hurried action on the part of this Commission to give away any property City. I have been negotiating with this City for 2 years to negotiate a contract. I have subjected our people to at least 15 public hearings. If there is any criticism that I have against this Commission is that they do not exact and they do not affect contracts properly and efficiently, not that they do them quickly and with dispatch. Mr. Plummer: I call the question. Mayor Ferre: What question, there is no motion. Mr. LaCasa: Mayor Ferre: Mrs. Gordon: Mayor Fevre:. Mrs. Gordon: Mayor Ferrel. Mrs. Gordon: Mayor Ferre: Mrs. Gordon: Mayor Ferre: 1 make a What is the motion please..... There is a need for some correction..... There is a motion on the floor IOtion. There is a need for sere correction to the statement I will recognize you in the.... that you heard.... I will recognize you in a moment.... Ms..Rae Small,would state for the records will recognize you in a moment.... It. 'JUL 20111° Mrs.Gordon: Your contribution, financial contribution to the petition drives.... Mayor Ferre: Mrs. Gordon, you are out of order, I will recognize you after we have a motion, and if there is a second, under discussion you can make any. clarification you want. There is a motion before us. Mrs. Gordon: It wasn't to the motion Mr. Mayor, that I was making a clarification, but to Mr. Traugott'e statement of fact which was inaccurate„ . Mayor Ferre: Mrs. Gordon: Mayor Ferre: said I move, No mam, that is not so..... It is not. After Mr. Traugott stopped talking Mr....Cissioner LaCasa and I recognized him. He is recognized for his notion. Mr. LaCasa: Mr. Mayor, members of the Commission, I move the resolution instructing the City Attorney to draft a proposed amendment to. Section 3, (4) of the Charter of the City of Miami, by providing for certain limitations upon all lots or tracts of land fronting upon Biscayne Bay or upon that section of the Miami River from its mouth to the northwest 5th Street bridge in order to preserve the City's natural scenic beauty, guarantee open spaces for light and to protect the waterfront by imposing minimum front and side set back requirements subject to certain exceptions. Mayor Ferre: Is there a second to that motion? Mr. Plummer: I second the notion, but Marty on which of these amendmentsJ is your addition to be added to? *2r.D9arty Fine:, . I think it is required on both.... Mr. - Plummer: Mayor Ferre: ou accept that in your motion? `I trove. Wait, wait, what is it you are accepting? D]othin in here says what date you are putting this on. Mrs. Gordon: g ballot, Mr. LaCasa. Mr. LaCasa: September 18th. Why isn't that in Mayor Ferre Mr, Plummer:, It says an amendment paper: a....Mr. Clarkme. Clark` Maurice, it is a seperate sheet of Mayor Ferrer Mr. Clark, is Mr. Clark still here? I'm sorry, I should address it to you, Mr. Knox. "Mr. Knox, why doesn't the date September 13th appear on this resolution, I'm glad you pointed that out Mrs. Gordon. Mr. Knox: Well, we can use.... remember that the prior action of the City Commission was by motion so that if, if the date....it was inadvertently omitted but at the same time, this same resolution would operate.... Mayor Ferre: But would you so amend this so that it would so indicate that this is for inclusion on the September 18th special election being held by Metropolitan Dade County, at no expense to the tax payers City of Miami because of this action. Mr. Knox: Yes sir, and we will do that for both documents. Mayor Ferrer Alright sir. Now, you wanted to add.... Mr. Plummer: The amembnent on the Convention Center. Mayor Ferre:, You cent to include it in this resolution? Mr. Plummer: On both. It. JUL 2 0 1979 Mr.<Lacasa: Mr. Chairman.... Mr.Chapman:If you are going to adopt a resolution,I would like much to have it include the moratorium provisions, the, elimination of the moratorium impact of the resolution as presently worded, and I have some suggested language here that would, in effect, exempt ongoing projects... Mayor Ferre: Go ahead and read the language that you would propose Mr. Mr. Plummer: Wait a minute, Alvah, nothing would be, nothing would be under a'moritorium at all, until this is either accepted or rejected by the voters. Mayor Ferre: Alvan, I would recommend that this is something that could be, if this thing passes today, properly discussed on Monday and I'm sure there will be many, many, many motions to exempt project specifically and generally but I'd be happy to.... Mr. Chapman: I would feel very comfortable, more comfortable, lets put it this way, with the intent expressed today, that this action does not affect... that this is resolution does not affect projects under consideration affecting set backs, see throughs, shall not apply to lands or projects on which the City Commission has previously approved a development order pursuant to September....Chapter 380 of Florida Statutes or planned area development pursuant to Article 31 City of Miami Zoning Ordinance on which zoning resolutions have been adopted after review of site plans or other development plans or concepts. In other words, this provides that projects now in the works would not be affected by this resolution. Mayor Ferre: Alvah, let me suggest to you, and Marty can comment on it, that that last portion of that sentence you read completely obliterates this item and I'll tell you why. Because every piece of property in Miami has previously passed through zoning or it wouldn't be zoned. Mr. Chapman: On which zoning resolutions have been adopted after review of site plans or other development plans or concepts? This provides for th projects that have gotten their zoning and variance and clearances and approvals to be exempt from this document that you are talking. Mayor Ferre: You see, for example, lets take an example Ted Eollo's property up in or any other property in the water that is properly zoned I' would guess, would then be exempt. That means everything. Mr. Fine: Let me give you a specific example of what Mr. Chapman is referring to. I was at the meeting of a week ago Monday when everyone seemed to be, all five of you, in accord, with the fact that that definition fit Claughton Island. That is all had been approved and view corridors had been provided and that it should be accepted... Mayor Ferre: Well, not all of us, I remember.... Mr. Fine: Excuse me, a good number of you I though it was all. Mayor Ferre: No, I specifically said that I didn't want to make any exceptions specfically in writing and not subject to change, but that is. Mr. Fine: You know, your City Attorney can draft the appropriate language the intent of the New World Center Action Committee is to say, that when the City went out and solicited some one like Mr. Gould to come to Miami and a xcited him and his lenders, and his development team to build this project. And he came here and received all his approval and he is within a very short time of starting, that nothing herein contained shall affect that kind of project. Mr. Chapman: We don't want him to care back for any further approval whether this passes or fails. That is the intent of what we are saying right now ... Mayor Ferre: It. 'J U 12 o 1011 Mr. Chapman: ...this and the action of the New World Center Action Committee which we urge you consider. Mayor Ferre: I submit to you that is something that we can discuss at length Monday evening. Mr. Plummer: Yeah, but you see, let me tell you where you are wrong Alvah. You are not aware that this Commission passed, at a previous meeting, an ordinance that in effect put the moratorium. That is what happened here before. That is when Mr. LaCasa changed his vote and made it in effect. on the ordinance. Mayor Ferre: No, No. Mr. Plummer: Oh yes. Mayor•Ferre: Well lets see if we can get the record straight on this. AsI recall he... his was a motion to put it on the ballot for November t 7th. Mr. Plumper: You are right, I stand corrected.... Mayor Ferre: . . which this would... so there is no aspect of r ritorium. All we are doing today, lady and gentlemen, is saying that we are going to put something on the September 18th ballot and we are not defining that.... Mr. Plummer:; No, No, Mr. Mayor, please. It doesn't say, that because I'm reserving the right to do a 180 if I don't think that what is being presented, o.k. Mayor Ferre: Of course, with the proviso that any member' of this Commission can make any motion and change his vote.... Mr.Plunmer: Mayor Ferre: Now, there is....Now, by and we can withdraw this, within a reasonable time. I want to say' on the record that 45 days before September 18th, you will not be able to do that. Up until then, you will be able to do that. Reverend' Gibson: Mayor Ferre: look up. 45 days. Before September 18th. That is correct. And if you will. Reverend Gibson: What, what would be 45 days. Mr. Chapman: Mr. Mayor, you are going to be in session only one more time and that is the 23rd so.... Mr. Plummer: and 24th and any other time the Mayor or any member of this Commission asks. That has been a standard rule, Alvah, since he has been Mayor. The Mayor has always said to me and other members of this Commission that any time we want a Commission meeting he will call it without question. He's always said that. Mr. Chapman: What I'm standing here asking you to do, if you adopt a referendum question for the ballot of September 18th or whatever date you adopt it on, we want you to exclude the ongoing projects that have previously gotten their proposals. And that wipes out the moratorium aspects of it and allows it to take effect for new projects that are caning on stream at a later date.... Mayor Ferre: And my answer Alvan, of course, this is only one vote out of five, is that on Monday after the public hearing, I will recognize any motion` by members of this Commission to do precisely that. And if there is 3 votes on this board to do that, it is done. It. W. Chapman: But if you hear it...if you do it today, then the hearing starts out with it in as opposed to having it out and I would feel a lot better with it in rather than out. Mt. LaCasa: Mr. Chapman, as the maker of the resolution, I can assure you that on Monday, I will introduce such a resolution and under no circumstances, I am going to vote for anything that does not include those provisions. Reverend Gibson: Let me, let me make sure Mr. LaCasa, unless you do it now, you are not going to have my vote. I don't want it anyway, but I would go with a rea...only, but I don't want it period. I think it is not good business, not good judgment but if you don't exclude it now, I've said that before, any and all projects that are presently under.... in the hopper should be excluded. That is only fair. Those people put those projects in the hopper with the feeling that they could depend upon and trust what we had said. Mr. Plummer: Mr. Knox, Mr.Knox, I think you see the consensus. What is the wording that we need that there is no moritoritan until the voters have had the choice to speak. Mr. Knox: .All we would have to do in that event is to indicate language that the proposed Charter changes shall have prospective application. Mr. LaCasa: Excuse me.... Mayor Ferre: I agree with that I have no Mir. Chapman: I...I...Mister, I'm not an attorney but I want to tell you that these projects that are in the works after September 18th are going to have to get some additional building permits and my consideration is that the Bali Point project, for example, should be approved and should not be affected by a referendum that requires a 25% see through. Mayor Ferre: Then I would recommend to you, Mr. Chapman, that they way to do that is what Marty Fine has been recommending specifically excluded by name and then there is absolutely no question about it. See, and I think that is the way we should proceed, if that is the will of the majority of this Commission. Mr. Chapman: Well this language has been given to us by three competent attorneys who understand the legal provisions of the City of Miami and they tell us, they told our committee last Monday, that this language will expempt the projects that are in the pipeline now, includinE :.all Pc2nt, Claughton Island and others. And that is what we would like to see included and that is what we are asking you to do today rather than wait unitl Monday. We are certain to be here to talk about it Monday. Mayor Ferre: Alvah, what I'm afraid of is that it will also, besides excluding those projects, gut the whole intent of what we are trying to achieve. Now, I know you are against it and I don't.... I understand that and I accept that. Mr. Chapman: I'm not against the set backs Maurice, make alot of sense.... Mayor Ferre: Mr. Chapman: See through that. Mayor Ferre: All right. I understand the misgivings, but I think unless we are careful as to how we word this, and I would respectfully submit since the City Attorney has said over and over again, that on Monday after the public hearing this thing can be changed, amended, aroppea, that tnere no problem. Mrs. Gordon: I just want to comment on Mr. Knox's amendment to cover the point you are making and if you read it, you can read it two ways. It appears to me to be a very nebulous way, and I'm not an attorney George 26 It. 'JUL 2 0 1979 but the way you are prescribing that that be handled I think was because you have not had enough time to think about it. I think if you truly wanted to exclude all current projects you would have to adopt the language that Mr. Chapman has read to you and I can't find any reason why you wouldn't. Mr. Plummer: Let me ask a question. Maybe I'm just too dumb to understand. Mr. City Attorney, basically what you are asking us to vote on here today is to ask you to prepare a draft for consideration by this Commission on Monday. Mr. Knox: That is all sir. Mr. Plummer: We are not specifically stating what is going to be in the draft. Mr. Knox: That is correct sir. Mr. Plummer: Now, Marty, Alvah, we are not saying what is going to be in that draft, but we have got to say start to propose a draft. You understand what I.'m saying Father? Reverend Gibson: Yes, but let me ask this. What these people are saying is they want an assurance. Look man, you know cane Monday another group of people here raising hell and all that, and those men are concerned about their commitments. And I believe that we ought to say right now, O.K. put in that excluding them and you can have the privilege of changing that word. I'd rather put that there and let you have to change that other word later on. Mr. Plummer: Father, aren't we, what we are really saying is that Alvah: and Marty, and whoever else wants to interject something into the draft.." into the draft which will be passed, I assume, when, Monday? Mr. Knox: Anytime up to 45 days prior to the.... Mr. Plummer: If you want that wording in the draft, I'm sure Mr. Knox is going to listen to you. Reverend Gibson: O.R. listen, why don't you make this notion to say what they said and then if, you want tochange on Monday you take the gallDle of changing. ``That's all I'm saying. Unidentified Speaker: Why not do it that wa Reverend Gibson: That is. all I'm asking. Mayor Ferrel Because you may be gutting the doing, and I think.... Reverend Gibson: Well Mr. Mayor... Mayor Ferre: Father, I think that that should be openly discussed at a public hearing. And then after that, if it is the will of this Commission, that is the time to do it. Mr. Chapman: If this excludes projects on which you have sae concern adopt this langugage and then reinstate those projects. Lets do it on a way that keeps our projects downtown and revitilization of the World Center going. The very action that yottake today, Mr. Mayor, the action that you take today and the reporting of it, that you adopted it without providing same inclusion could have same of the same effects of the resolution hitting the street. Mr. Plummer: But Alvah, basically we are not adopting.... Mayor Ferre: Mr. Mayor Ferre: No, it wouldn't, it wouldn't for this oertain....this.basic.; reason, if you will read this thing, which obviously Mrs. Gordon has not It. done, it says subject to certain exceptions. It doesn't specify, Marty, the exoeptions vecause that is not where we are. We will be there Monday it says it clearly, with certain exceptions. On Monday you will define what the exceptions are. Mr. Gold: Mr. Mayor, for the record, my name is Alan Gold, attorney at 1401 Brickell Avenue. I had the opportunity to appear before you on Ball Point and we have considerable concern about the Claughton Island projects and others as well. Our concern is that the only official action which you are taking today, as far as we can see, is approval of this resolution. We don't see that your specific language is included by reference into this resolution. And Mr. Knox, if I'm incorrect on that, please advise. We don't see your language amended to this resolution. Mr. Plummer: It is not. Mr. Gold: Yes sir, therefore we would ask that the resolution, which is a matter of intent as to the instruction of the draft to the City Attorney, include a statement of principle by this Commission to exclude those projects which many of you have suggested should be excluded. If that language is there in principle when this official resolution, which is your first act in this regard, is adopted today, then on Monday we can address the specifics of that language. But without such language to exclude in principle we are greatly concerned that they are by reference therefore included. Mayor Ferre: Mr. Gold, just for the record so I understand, you represent Claughton Island and you represent Mr. Gould, right. Your firm does. I reiterate, I understand what you are trying to do. I reiterate to you that' with the language that is written here, and it says subject to certain exceptions, that you are amply covered. Mrs. Gordon: Mr. Mayor may I ask a question please for information for the statement that Mr. Plummer made, said that you, thet1ayor, will call a Commission meeting at any time subject to the request of a single Commissioner, is that oorrect? Mayor Ferre: That is correct. Mr. Plummer: I have a feeling I going to be here quite often. Mr. Gold: Mr. Mayor, I just want to make one last comment if you will forgive me. We have been here now 21 hours on this matter and part of our concern in asking you to include the exemptions today either by virtue of the language that Mr. Chapman suggested or by specifically excluding projects as follows: 1) you have a very long difficult, tough agenda on Monday and we are afraid that since this matter is not scheduled to be heard until 5 O'clock or so that we may be here till past midnight. And when that happens peoples tempers are frayed and they say things and do things they don't want to do. And that this will get scuttled. I'd like to give you another scenerio of what may happen, and I have no official connection with Ball Point other than as a concerned citizen and as a member of the New World Center Action Committee. There is a retinue, a large retinue of very important developers, owners, peoples...people architects and more importantly, Metropolitan Life Insurance Company in this town today. My guess is they are going to have the good judgment to stay in the town over the weekend. They are going to pick up 2 newspapers tomorrow and see what the City did and will not have the benefit of all this conversation and your good faith. And that man who Mr. LaCasa said he heard say that river...that water doesn't flow up hill, is going to find out that his money is going to have to go uphill and I submit to you that you are going to sink that project if we don't do something to show that that project will not be covered. Reverend Gibson: It would appear to me that if it is correct to change the language...it would appear to me that if it is correct to change the language on Monday to exclude, it is correctto use the language that you specify today and make any other correction on Monday. Man, beware of the Athenians bearing wreaths. I don't distrust anybody up here, but I just want to make sure those boys who lend that money out of New York don't go with no mistaken'' thoughts. It. JUL 2 0 1979 Mr. LaCasa: Marty, as the maker of the resolution and in order to help' the situation, I am willing to include in my resolution now, this wording that will satisfy this concern. So.... Mayor Frerre: Are you taking about exempting the Convention Center? Mr. Fine: That was the first one, I understood you.. Oh yeah, but you see....oh Mr. LaCasa: Well we cannot accept.... Mayor Ferre: Then we are going to get Claughton Island,Watson Island, Theodore Harlow, you know, lets exempt everybody. If you are going to get into one exemption, which is the Convention Conference Center, that I understand because that is the one that is affected by the lease provision... Mr. LaCasa: Yes, but we have a problem here and that is that the Ball Point project might suffer from the same lack of credibility because if we exempt the Convention Center and we do not exempt the Ball Point, what we are telling actually.... people who as you put it, did not have the opportunity of listening to this conversation is that we are making a specific exemption of the Convention Center which will even worsen the concerns of those who are not the Convention Center, namely Ball Point. Mayor Ferre: Precisely why then ....then I revert to my original recommendation is, that we leave this all for the public hearing on Monday. This resolution as drafted, right here, doesn't preclude any of that from happening. Why do it today? Mr. LaCasa: Excuse me. There is no way, no way that I will vote for anything that could jeopordize, not only the Convention Center, or Bali Point, or Claughton Island, or any project as minor as it might be where there is already an ongoing type of situation because as I said before, first of all, this is not precisely the type of thing which I believe. So, I feel that when we say subject to certain exemptions that includes provisions against any kind of moratorium effect. I am willing to include now, the problem is one of what is practical to do now. I do not want to include the Convention Center and leave out Ball Point or Claughton Island or anyone else. Reverend Gibson: Well then, let's use that language and then we would be in good shape on Monday. If you want to particularize, particularize, but .... Mrs. Gordon: Mr. Mayor, Mr. Ferre, it points up the fact that you are ill prepared to act on these amendments at this time. All of the conversations and private conversations that are going on indicate that you are all in a hurry to do something but you are really not sure what you need to do. I suggest that this whole matter be tabled. A table doesn't need a second. Mayor Ferre: That is correct and there is no discussion on it. So, there is a motion to table. Mr. Knox: You do have a motion on the floor relating to this resolution. Mayor Ferre: There is a notion on the floor which she has now made a motion to table that motion. So then, we have to vote on the motion to table which would then, as I understand it, is tabled until somebody on the prevailing side offers it for reconsideration. Is that correct? Mr. Knox: Anybody can offer to remove it from the table but it has done by a motion and a vote to remove it from the table. Mayor Ferre: But, does it have to be done by somebody who voted prevailing side? 'JUL 2 0 19)9 Mr. Knox: No sir. yor Ferre: All right, there is a motion to table, call the roll. WHEREUPON the above motion to table, moved by Commissioner Gordon failed to pass on account of the following vote: AYES Mrs. Gordon NOES: Cammissioner Plummer Commissioner LaCasa Commissioner Gibson Mayor Ferre ABSENT: None Mayor Ferre: All right, now on the main motion, you have it before you. As am....with all the.... Mr. Plummer: Under discussion, try this one on for size. If our motion today stated the following, a resolution instructing the City Attorney. to draft a proposed amendment to Section 3(4) of the Charter of the City of Miami. He tells me that gives him the leeway to prepare the draft. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Does that also need to do what you need? Mayor Ferre: Are you sure George? I` would hate for Joyce`Dieffenderfer and the...anybody to challenge the legality of that. Mr. Knox: No, we are not doing any....the only what Mr. Plummer had indicated earlier and what the only thing that we need in order to get the ballot is an authorization to begin the work of is all. The language of the amendment will, of and presented to the Director of Elections. thing, again to reiteriate, you, Mr. Mayor, have indicated matter on the September 18th drafting the amendment. That course, be presented to you Reverend Gibson: Let me...Let me play this one to you too Mayor. If we...= if what they are saying is correct, then that means on Monday we would then have to get the language which says this, this, this exemption. Based on what he just got through reading it doesn't say anything about any exemption. Isn't that right? (BACKGROUND COMENT OFF THE PUBLIC RECORD Mr. Chapman: May I speak Mr. Mayor? Reverend Gibson: Yes sir. Mr. Chapman: What you have been doing all afternoon has been discussing some amendments which are fairly....an amendment to the Charter, two of them which are fairly specific. And I am sure copies of those are in the hands of the press and it should be. When your action gets reported you either adopted this or didn't adopt it for September 18th, subject to sane amendment that can come along. We are asking you to include in your decision to adopt resolutions for the September 18th ballot, or November 6th, or whenever you adopt it, and we don't really care too much about when it is adopted, include language that will exempt projects that are ongoing in this community that are important to the concept of the New World Center for which approval has already been granted. And that is a matter of principle and we want....we urge you to do it and we think that if you don't do it at this time that it will be widely misconstrued that you did not want to do it later. It subject It is certainly subject to the public hearings that are going to be held Abnday night or whenever and can be modified or taken out then. But we would like to see your intent include an expression that these ongoing projects not be a part of the resolution and that is the intent of this Commission and when an ordinance or amendment is drafted that that would be included in the initial draft. It might or might not survive but we want to see it in there now and we urge you to do so. rJUt ? 0 19T9 Mayor Ferre: What is the will of the maker and the seconder of the motion at this point because I think we have to get on the boat with it and get on it. Mr. Plummer: My personal opinion is since we are just doing a bottom line we have the flexibility to change, I see nothing wrong with including that wording. I might not Nbnday night agree with it or I might what him to. revise it. Mayor Ferre: Mr. Knox, is there any problem with that legally? Mr. Knox: No sir. Mayor Ferre: All right, there is a notion that has now been further amended. Is there a second to the further amended motion? Mr. Plummer: Well, I would assume Mr. Mayor, that we are back to the original resolution and we will add the wording of Mr. Chapman which doesn't necessarily then have to specifically speak....his motion, his amendment would cover the Convention Center. Mr. Chapman: No, I think it is urgent to have that Convention Center accepted as you did originally in a separate motion because your bond council is going to require it in that motion in my opinion. Mr. Plummer: All right. So then we go with the original motion with 2 amendments. I have no problem with that and as the seconder of the notion if I can get the maker of the motion to concur I'm in accord. Mr. LaCasa: I concur. Mayor Ferre: Tell me what your notion is again. Mr. Plummer: Number one, we accept, no it is his motion, you want to tell him or you want me to, that we accept this as drafted with the amendment as it relates specifically to the Convention Center and in generally that wording of Mr. Chapman that it, be the second amendment. Mayor Ferre: Will you Mr. Plummier: Yes sure. Mayor Ferre: Mr.,Plummier: Wait a minute, oh no, I see what you want to do., you are going to have to separate them. Yeah. Make it two ;separate motions.. Mayor Ferre: If you separate those' any problem. Reverend Gibson: Well, let ne ask this,why don't we separate them an then there ought to be three of us who "ought to feel strongly to protect the other people and then if you .'... Mr. Plummer: There is. Reverend Gibson: ....Don't vote with us we will understand.`` you. Don't worry about that, I'll take care of that. Sure. Mr. Plummier: Father, you do what you are good .at because I' what I am good at. Mayor Ferre: The chair.... Don't do it to yourself J.L. Mrs. Gordon: Mayor Ferre: The chair since you are doing` the asks the maker and the seconder of the motion, talking Planter tell us exactly, what the notion is Mr. Plumrex A11 right, what we It. are saying.. let"me see if I understand what... we are going here, to make the motion with the amendment of Mr... of the Convention Center first. O.K. Then,we are going to try to plug in Mr. Chapnan's second. O.K.- Now, you...you want to 'change? You don't.... .LaCasa: I don't want to change. Lets go this way. amendments. Mr. Plummr: Out of courtesy to the Mayor so we can get off a dead center. Mayor Ferre: We are passing a resolution as read except... Mr. Plummer: He wants to vote against Chapman, he wants to vote for the Convention Center Mayor Ferre: You are now dividing your Mr. LaCasa: O.K. I divide.. I concur with the Mayor'Terre: The first notion is this one with the exception that Convention Conference Center is, specifically exempt. Mr. LaCasa: And then we'ell make Mayor Ferre: s that your motion now? Mr. LaCasa: O.K. there is a motion, with the exception of the Convention Center only. The first... Mayor Ferre: Is there a second to that notion?: Mr. Plutner: ,' Yes. Mr. Chapman: I want to be able to say that the language we had was the,... I'm sorry, the International Center....Convention Center and hotel facility including all improvement thereon. Mayor Ferre: All right. Is that acceptable to the maker and seconder of the motion. All right, further discussion. ":Call the roll. Mrs. Gordon: What are you voting on? What is the notion that you' on right note? Mayor Ferre: Mrs. A resolution instructing the City Attorney to draft... No, the Clerk. Mr. Ongie: The original resolution as it was presented specifically excepting the Convention Center, the hotel complex and all inprovenents thereon. Mrs. Gordon: O.K. You are not voting on the amendment first and then the notion as amended. Is that correct? Mr. Ongie: The resolution as amended. Mrs. Gordon: Mayor Ferre: Are you just assuming it's.... It is this resolution amended to exc Mrs. Gordon: You are not voting on a separate amendment? 0.] want to understand what you are doing. ust Mr. Plummer: Maurice, that would be better. They....the...my. suggestion, I see what she is saying. She makes a good point. Havethis, O.K. that is the notion and the second.... Mayor Ferre: I accept that.... Mr.Plu►mier: Then, !rake the wording.... J U l 2 0 1979 Mayor Ferret O.K. One by one. Mr. Plummer: ...of Mr. thapman's first.... Mayor Ferre: No, no. The Convention Center first an then Mr. Chapian's. Mr. Plummer: O.k. Mayor Ferrer. Or either way, I don't care. A11 right. ; . In other words► lets start all over again. You are saying that you are moving this resolution as is. Is that correct? Mr. Plummer: That's the first of ....yes. Mayor Ferre: With the intention of moving further. O. Is there a second? Mr. Plummer: Mayor Ferre: Mr. LaCasa: secondthat. Did you make the motion that way I made the motion that way. Mayor Ferre: O.K. Further disucssion. Mr. Plummer: No, no. Now I make an amendment. I offer an amendment.,` That amendment as contained, stating, nothing herein contained shall in any manner affect or apply to the City of Miami, University of Miami James L. Knight International Center and Hotel Facilities including all improvements thereon. I offer that as an amendment. Mr. LaCasa: I accept that amendment. Mayor Ferre: All right. Further discussion on that as amended. Mrs. Gordon: The motion.. Mr. Plummer: No,, Mrs. Gordon: no. Voting on the arrendr ent first. Your only voting on an' amendment right now. Mayor Ferre: On the amendment.. Mrs. Gordon: Just the amendment. Mayor Ferrer Call' the roll on the amendment. :.WHEREUPON the above proposed amendment was upon'and passed by the following vote: AYES: Comrissioner LaCasa Reverend Gibson Commissioner Gordon Commissioner Plummer Mayor Ferre None ON THE ROLL CALL OF ABOVE AMENEMENT Mrs. Gordon: On the'amendment only NOES: yes. Mayor Ferre: I want to clarify that this provision is that right Mr. Knox? voted includes the Septette 18th we didn't vote on that yet. Mrs. Gordon: No, Mayor Ferre: I... Mrs. Gordon: We only voted on the amendment. Mayor Ferre: Beg your pardon I am not going to vote on you are the maker of thenotion, would you clarify? this Mr, '3Ut 2 0 1$7f Mr. LaCasa: I want to have this clarified George, that this is to be placed on the ballot for September 18th, 1979. Mrs. Gordon: Now you are voting....excuse me. Mr. Mayor, Mr. Clerk will you please tell this Commission that they have voted on and; what they intend to vote on next. Mr. Ongie: They voted on the basic resolution with the. Mayor Ferre: No, no. She's right. They voted on the aunt as read by That's right. Mr. Ongie a Excuse me., Mayor Ferre: Mrs. Gordon: And that passed, unanimously? Mayor ,Ferre: I Mrs. on? Gordon: I vote for that so the answer is ye .. Mr, Plummer. k. Now, what is the next motion that is going to be voted Mr. LaCasa: The next motion is a resolution instructing the City Attorne to draft a proposed amendment to Section.... Yes, that is.... Mayor Ferre: Yes it is. Mr. Plummer: Mayor Ferre: Mr. LaCasa.: Mr. Plummer: This is the second amendment.... No, we haven't voted on the first one Plummer. No, No, No. Mayor Ferre: regarding the Mr. Plummer: We did vote on the first amendment. Plummer all we voted on was the amen cttient that you piacea Knight Convention Conference Center. And that passed 5-0. Right, O.K. Mayor Ferre: Now, you want to make your second motion that exempts everybody? Mr. Plummer: Nome, yes. And that.... Mayor Ferre: Well then make your notion. Mr. Plummer: So that you can vote....no, as an amendment. Mayor Ferre: I understand, make your motion. Mr. plumper: All right. A further amendment, I move ordinance under consideration affecting set backs, see throughs, etc. shall not apply to lands or projects on which the City Commission has previously approved prior to November 6, 1979. A development order pursuant to Chapter 380 of Florida Statutes or a planned area development pursuant to Article 11-1, City of Miami Comprehensive Zoning Ordinance; or on which zoning resolutions have been adopted after review of site plans or other development plans or concepts. I offer that in the form of an amendment. Mr. LaCasa: I accept that. Mrs. Gordon: No, your seconding his amendment. Mayor Ferre: Let me, if I may, speak against that because I would respect- fully request that you strike out that last portion of the semi -colon on which says on which zoning resolutions have been adopted after a review of`. site plans or other development plan or concept,because that in effect completely demolishes what we arEtrying to do here. It. 34 JUL 2 0 197 Mr. Chapman: It does not. Mayor Ferre: Well, according, according to two attorneys that I talked today, it does. This was what was passed by the Chamber of Commerce and I think up to that point I think that there might be some argument for it. But I think when you get into such a broad scope as or on whichh, zoning resolutions have been adopted after a rev.... Mrs. Gordon: Well Maurice, that simply means that you are not going to reverse and adopted zoning. There is nothing complicated about it. It is very simple. Reverend Gibson: That's right, that's right. Mayor Ferre: No, it's not according to what you are doing. What you are doing is you are exempting anybody who has zoning presently. And since everybody has zoning, in effect you make this null and void. Reverend Gibson: Well, why don't you say those! persons. Mrs. Gordon: Well, otherwise you would have to have a zoning roll back on each item that has previously been approved. I'm certain you do not intend to do that. Reverend Gibson: Come on man, do what You are going to do. Mayor Ferre: I would respectfully submit that that portion of it deferred, either until Monday , if you don't want it deferred until Nbnday you'll take that last sentence out. Reverend' Gibson Reverend Gibson: The motion to part, to adopt that. Mr. Plummer: See where, where... his point is well taken except if you go back up in the middle, it says prior to November 6, 1979 and that will cover it. Mayor Ferre: The property along Brickell Avenue was zoned prior to November 6 and therefore it is exempt. So what in effect you do by passing that is gut the whole thing. Mr. LaCasa: It won't be November 6th Unidentified speaker makes statement outside of the public recor Mayor Ferre: But it doesn't speak to that zoned and therefore there is hiatus in the is called, an ambiguity in the law. Unidentified Speaker: I would suggest you now and Monday Mr. Knox would have time to recommendation .... Mayor Ferre: I would 'respectfully recommend the opposite. That we shouldn't pass legislation which we have serious doubts about. And therefore, that we instruct Mr. Knox to prepare a proper....I understand what you are. trying to do, but I think we ought to have the confidence in our City Attorney to interpret it in legal form that he can recommend. Now I would like to officially ask Mr. Knox whether he thinks there is ambiguity in the statement. It. property in which is properly. law, I mean... is that what it might pass it in that form, between look at it and cane back with any 'JUL 2 0 1979 Mr. Knox: Mr. Mayor I really wouldn't have an opinion until Monday. (BACKG.xUND COMMENT OFF THE PUBLIC RDOORD) Mayor Ferre. Well, there you are. Because our City Attorney has said that he will not have an opinion until; Monday, this is a complicated matter, I would respectfully submit that that item not be voted upon at this time. Reverend Gibson: Mr. Mayor, I want to say for the record, that we are doing indirectly what we can't do directly. I urge this Commission, if we err, then George, you tell us on Monday and we will change. I rather go I rather hold the hog than to not, to hold a foot. Mayor Ferre: Further discussion. Mr. LaCasa: There is something to amend here, it should be prior to September 18th not November 6th,,"1979.` September 18th Mayor Ferre: Mr. LaCasa: Mayor Ferre: Is there further discussion? Mr. Mayor, your question is that the last.... Sentence is ambiguous. Mr. LaCasa: Sentence is ambiguous in the sense that it could be construed° as anyone having, a zoning resolution that could go back 3 or 4 years ago... Mayor Ferre: Precisely, precisely. Mr. LaCasa: O.K. and the concern here expressed is the ongoing projects. Mayor Ferre: Right. Mr. LaCasa: O.K. That means that if we limit this, some resolutions to a certain period of time, it will only include those ongoing projects. Mayor Ferre: But that is not where the ambiguity is. The ambiguity is not in the definition of the time constraints but in the wording itself which specifically states that those projects which are previously zoned would be exempt. Now.... Na. Fine: You can clear that up if you say, for which site plan approval has been approved within the last 12 months.... Mayor Ferre: Now, that is different Marty. Naq that is different. That is a very specific statement. That certainly clears it up much better. Would you accept that? Mr. LaCasa: Yes, I will Mayor Ferre: All right. Would you,on the microphone,so that the record, so that the Clerk will pick it up. Marty, would you please repeat that. Mr. Fine: Mr. Mayor, I think if Mr. Chapman and I can have one second to read it I think what it would be is, the first part of it, or on which. zoning resolutions have been adopted after review of 1:Je plans or other development plans or concepts, within 12 months prior to September 18th, 1970. And that way I think you will be protected. Mr. LaCasa: That was my thinking when I said that. Certain limit of time. Yes, that was exactly my thinking. Mrs. Gordon: May I see it please Marty, I like to read things I'm voting �. Mayor Ferre: Mr. Plummer, Mr. Plummer. Will you accept the amendment that Marty just read into the record and Armando made? It has now' been amended and accepted by the maker and seconder of the motion .GIs there further discussion? Read, I mean call the roll. It. 36 'JUL 2 0 1i78 6 Mr. Ongie: This is on the second amendment. Roll Call: WHE3PON the above proposed amendment was voted upon and passed by the following vote: Vice -Mayor J. L. Plummer, Jr. Commissioner LaCasa Commissioner Gibson *Commissioner Gordon Mayor Ferre ABSENT: None ON THE ROLL CALL OF ABOVE AMENDMENT Mrs. Gordon: I was trying to find the change to the written text so I know exactly what I'm voting on. What was the change to the written text, Marty? Mr. Fine: Mrs. Gordon right at the end, the very last word ther Mrs. Gordon: After concepts? Mr. Fine: Yes. Comma, for which...which approvals has been approved by the City Commission or appropriate planning board within 12 months prior to September 18th, 1979. *Mrs. Gordon: I'll vote yes. Mayor Ferre: Now, the original notion, a resolution instructing the City Attorney to draft a proposed amendment to Sections 3(4) of the Charter of the City of Miami by providing for certain limitations upon all lots or tracts of land fronting upon Biscayne Bay; upon that section of the Miami River from its mouth to N.W. 5th Street bridge, in order to preserve the City's natural scenic beauty and to guarantee open spaces for life; and to protect the waterfront by imposing minimum front and side set back requirements subject to certain exceptions, as amended by the two previous amendments. There is a notion.... Mr. LaCasa: Just a minute. To be placed on the ballot on September 18th, 1979. Mayor Ferre: To be placed upon the ballot at a special municipal election to be held September 18th, 1979, which is the date of a Dade County election being held at no expense to the City of Miami.. Mr. LaCasa: That is correct. I call the question. Mayor Ferre: A11 right now, there is a call for the question. Call the roll. The following resolution was introduced by Commissioner LaCasa, who moved its adoption: RESOLUTION 79-502 A i7ESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT A PROPOSED AMENDMENT TO SECTION 3(4) OF THE CEO OF THE CITY OF MIAMI TO BE PLACE ON THE BALLOT OF THE SEP EMBER 18th, 1979 EC.'TION (Here follows the body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Cammmissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner LaCasa Commissioner Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Ferre NOES: Commissioner Gordon COMMENTS OI' THE ROLL CALL OF ABOVE RESOLUTION Mrs. Gordon: I will vote no, because this is the wrong amendment being placed. on the ballot at the wrong time ang especially for the wrong motives. Mayor Ferre: The private property of the City of Miami is a heritage which is absolutely unique. It is essential that the people of Miami have JUL 201979 the opportunity in its basic document, the Charter, its constitution to protect it. I find it absolutely irresponsible for people to be politicking and changing their minds back and forth on something which at one time they expoused and now they don't, and I think this is something we should put on the ballot, as quickly as possible, which is September 18th. It is appropriate in the way it is drafted and I vote yes. Now, we have another one, a resolution instructing the .... Mrs. Gordon: Mr. Mayor may the record clearly reflect my objection is your, timing, the interference with the election that has been set up by the County to accomodate the referendum on the tax cut back and that this clearly interferes with that, and for that reason_ I can not go along with your motives in placing it on the ballot on September 18th. And no other reason is of such major importance as that reason. Mayor Ferre: Nor I with your motives Mrs. Gordon. And now, we are on the second resolution which is a resolution instructing the City Attorney to draft a proposed Charter amendment amending Section 3f of the Charter. Now, I would imagine you want to go through the same process again? Or don't you. Now, in the case of the leases, please, I think the only one that isn't affected in the public lease is the Convention Conference Center so lets not go out and gut the whole thing. It is the only that is affected. Obviously Mr. Gould is not doesn't have...that is not public land. So,' lets limit it just to Convention Conference Center. Mr. LaCasa O.K. then what we could do is exempt the Convention Center. Mayor'Ferre: With the exception.... Mr. LaCasa With the exception of the James L. Knight Convention Cen Mrs. Gordon: You are making an amendment. the way you did before. Mr. LaCasa: No, not an amendment. I am going to offer a complete resolution which will include that provision, O.k. I offer a notion, a resolution instructing the City Attorney to draft a proposed Charter amendment amending Section 3(f) of the Charter of the City of Miami by prohibiting the leasing for commercial use of or;making of management contract for any City waterfront property which would prevent access to the water or;which would prevent public use of such waterfront property or which would not result in a fair return to the City based on 2 independent appraisals;or which would permit use of such property not authorized under the then exisiting Master Plan of the City of Miami unless such lease or contract be subject competitive bid or competitive negotiations. Said Charter amendment also prohibiting extension or modification of any existing such lease ormanagement agreement which does not comply with each of the above requirements unless such proposed extension or modification has first been approved by a majority of the voters of the City of Miami to be placed upon the ballot at a special municipal election to be held September 18th, 1979 which is the date of a Dade County election being held at no expense to the City of Miami. Mr. Plummer: I second the notion. I now offer an amendment to the notion. The amendment being nothing herein contained shall in any manner affect or apply to the City of Miami/University of Miami James L. Knight International Center and hotel facility including all improvements thereon. Mayor Ferre: Is there a second to the amendment? Reverend Gibson: Second. Mayor Ferre: All right, with regards to the amendment discussion. none, call the roll in regards to the amendment. 'JUL 2 p 1979 r • MESS t)PON the proposed aanendment was voted upon and passed by the following vote: Vice -Mayor J. L. Plummer, Jr. Commissioner LaCasa Commissioner Gibson Commissioner Gordon Mayor Ferre : None Mayor Ferre: With regards to the main resolution as amended. Call the roll. The following resolution was introduced by Commissioner- who roved its adoption: RESOLUTION 79-503 A RESCEUITION INSTRUCTING THE CITY ATTORNEY TO DRAFT A PROPOSED AMENDMENT TO SECTION 3 (f) of the CHARTER OF THE CITY OF MUM (Here follows the body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was, passed and adopted by the following vote: Commissioner LaCasa Commissioner Gibson Vice -Mayor J. L. Plummer, Jr. *Mayor Ferre Commissioner Gordon OommE TS ON THE ROLL CALL OF ABOVE RESOLUTION *Mrs. Gordon: Again I vote no, because this is the wron the wrong date, and for the wrong motives. *Mayor Ferre: For the opposite reasons as explained by Mrs. Gordon,. vote yes. Mayor Ferre: Thank you. Ladies and gentlemen, we will see you on Mr. day.; Mrs. Gordon: Are you calling a meeting between now and Monday, Mr. Ferre? I want to go out of town tomorrow. There being no further business to came before the City Commission, Special Meeting of the City Commission was adjourned at 4:55 P.M. Maurice A. Ferre MAYOR ATTEST: RALPH G. C GIE City Clerk JUL 2 0 taia CITY OF MIAMI DOCUMENT MEETING DATE: INDE ire• uy Q•'� July 20, 1979 ITEM NO DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL ACTION I -CODENO. -• f 1 2 INSTRUCTING THE CITY ATTORNEY TO DRAFT A PRO- POSED AMENDMENT TO SECTION 3(4) OF THE CHARTER OF THE CITY OF MIAMI BY PROVIDING FOR CERTAIN LIMITATIONS UPON ALL LOTS OR TRACTS OF LAND FRONTING UPON BISCAYNE BAY INSTRUCTING THE CITY ATTORNEY :>TO'DRAFT A PROPOSED CHARTER AMENDMENT AMENDING SECTION 3(f) OF THE CHARTER OF THE CITY OF MIAMI R-79-502 R-79-503 79-502 79-503