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HomeMy WebLinkAboutM-79-0467(Excerpt from the Minutes of the City Commission Meeting of 6-26-79). 3. DISCUSSION OF PROPOSED CHARTER AMENDMENTS. Mr. Lacasa: Mr. Mayor, I would like to bring up something for reconsideration. Mayor Ferre: All right, I'll recognize Commissioner Lacasa. Mr. Lacasa: I want to bring up for reconsideration the question, yesterday before us concerning putting on the baLlot for November the setbacks on the waterfront properties of the City of Miami. Mayor Ferre: All right, and I guess under our rules you voted with the majority so you are entitled to bring that up. What's your position then? Mr. Lacasa: My position is this. Yesterday, we discussed this at length. My position was that I would go for an ordinance; regulating the setbacks onthe waterfront in order to preserve the waterfront for the people of the City. I have done some research today.... Mrs. Gordon: Are you talking about the Mayor Ferre: Amendment No. 1. Mr. Lacasa: Amendment No. 1. private property or amendment? .Mrs. Gordon Well, it was named. No. 1, it is now named 2, the numbers have, changed, but the point that is important is that we know what you are talking about.,. You are talking about the regulations and the criteria for development of private -pro- perty which included a setback of not less than 50' from the waterfront. Mr. Lacasa: Correct. Mrs. Gordon: Okay. Mr. Lacasa: The question here is that I do feel that we do have a responsibility to preserve the waterfront properties in a way that the people are assured of the enjoyment of the bay. The question from the legal standpoint of view is whether an ordinance or to put it on the ballot would be better. Yesterday, I was consider- ing the question from the legal standpoint of view as strongest if we put it as an ordinance. After due research, attitude,isnd anafter attitudeing of goingdtoocourtloners this, on the issue and seeing that I'd rather see it on the ballot. Mrs. Gordon: Fine, very good, I'm glad you see the light. You also are going to take the same position on the leasing to private developers of the public's land?' Is that one also going to be one you are going to go along with? To go on the ballot? Mr. Lacasa: On that second issue, Commissioner Gordon, we voted yesterday to refer the question to the Waterfroflt Board, the one that we have appointed, so I would like to wait until that Board comes back to us with their recommendations. Mrs. Gordon: That one only? But this one you don't need any recommendation. Mr. Lacasa: We don't have any one to make any recommendation to us on this one. So I'd rather go with this one now and wait until we have a recommendation from the Waterfront Mrs. Gordon: Mayor Ferre:. Well, he is making a vote and anybody can second it.` motion for reconsideration on that particular Mrs. Gordon: How did that vote go? I'll have to ask the Clerks to refresh us on that yesterday. Mayor Ferre: You made the motion, Mrs. Gordon,. Mrs. Gordon: I don't have that here. Mayor Ferre: I have it here. You made the motion, I seconded it, it was put to a voteit was defeated three to two. The motion read as follows and if you want I'll just read it into the record: "In -order to preserve the City's natural scenic beauty, to guarantee open spaces for light, air, and significant visual access, and to protect the ecology of the waterfront on Biscayne Bay and the Miami River, anything in this Charter or the ordinances of the City of Miami to the contrary notwithstanding neither the City nor any of its agencies shall issue building permits for or permit any surface parking or r enclosedtsto ructure (except structures not in excess of 500 sq. ks and structures at the Port of Miami) located on Biscayne Bay, Government Cut, or the Miami River from its mouth to the South Miami Avenue Bridge: 1. Which is not set back at least 50 feet from the bulkhead line or sea- wall, whichever is greater, except that where the depth of the lot is less than 150 feet the setback shall be 25% of the lot depth. The City after public hearing may grant an exception to this setback require- ment if the landowner or the City dedicates a permanent public right- of-way along the waterfront not less than 25 feet average depth and at no point less than 20 feet in width and provides acceptable landscaping and maintenance for such right-of-way; or Which at ground level obstructs the public's view of Biscayne Bay, Government Cut or the Miami River by occupying more than 75% of the water frontage of each lot or tract on which the structure is to be built. The frontage shall be computed by a straight line calculation measured from the major public right-of-way. The City in its zoning code may grant floor areas ratio and height bonuses for observing such property oc- cupancy limits." Mayor Ferre: Are you making that motion? Mr. Lacasa: I'm`.making that motion. Mayor Ferre: All right, there is a motion on the floor. Out of order. Well, we have to vote first on the reconsideration and then on the Mr. Plummer: Mr. Lacasa: motion. Mayor Ferre: All right, there is a motion for reconsideration on the previous motion that.:was-defeated. Is there a second'for reconsideration?...I''ll.second_� the motion for reconsideration, Mr. Plummer: Mrs. Gordon: Let the Clerks find out where we are so we know what we are doing. Mayor Ferre: Well, I know what I'm doing. Mr. Ongie: Mr. Mayor,, the one that You read was -I have the exact text of that but that....the one that failed, would have actually put it on the ballot,is that correct? Mayor Ferre: That's correct. Mr. Ongie: ' Okay, and then the same one that you read actually passed later in a direction to the City Attorney to draft the proper ordinance.. Mayor Ferre: Sir that is not up for;. reconsideration because that Mr. Ongie: Well, ..but the other one failed so... Mrs. Gordon:. You've got to straingthen.that up 80 he knows one passed. whatyou are re- considering. Mayor Ferre: Mr. Ongie: Mayor Ferre: point.... Mrs. Sir? Theone that you are talking about Yes,' there were two motions with failed. regards „to that particular Gordon: There is no reconsideration then, he is saying, Mr. Ongie: Mrs Gordon: Mr. Ongie: t failed. there". is no reconsideration. ust bring it up Mayor Ferre: Oh, I see, Mr. Ongie: Yes. Mrs. Gordon: Y Mayor Ferre: again. There is none. because o he then is at liberty to move that as a es, -so therefore you just proceed. So we don't need' to reconsider anything. Mrs. Gordon: Yes, that's why I asked the Clerk correctly, so we know what we are doing and not Mr. Lacasa: So' then, is the motion in.order?: • failed motion.. to give us the information shooting from the hip. Mr. Plummer: Well, it is not a motion of reconsideration, you are just making another motion. Mrs. Gordon: If you make" it in, a motion, then you would have toshave a".reso lution drafted to make it effective because"the motion in.itself`won't mean anything." Mayor Ferre: In effect what you are doing then is you are inoving this to be placed on the ballot for: November:6th, is that correct?," Mr. Lacasa :."Correct.. Is there.a second to that motion?" Mayor Ferre: Mrs. Gordon: I thought you wantedto second it Mr. „Mayor.. Mayor:Ferre:- , ` `go ahead.. Mrs. Gordon:...you can second it, 1 enjoy that. Mayor Ferre: Mrs. Gordon: it. Mayor Ferre: Mr. Plummer: Mayor Ferre:. Mr. Plummer: Mayor Ferre: I second' the Mr. Plummer: Rev. Gibson:. Those things don't, make any difference, Rose., That's all right,.Mr. Plummer has the, gavel and you can second I've got the gavel right here-, and I'm going to hold on to it too: The question is does he who have gavel weild the power. There is a motion on the floor. Is there a second? If this one dies from lack of a second I'll tell you.. Is there a second?...All right motion. Motion made. Motion understood. The motion is... • I'll second the motion. Ca11 the roll. Plummer, Mr. Plummer: The motion is to place on the ballot that which was presented yesterday which failed,the motion now is to put it on the ballot, in reference, Father, to the setbacks. The following motion . introduced ._ -tCommissioner Lacasa, adoption: MOTION NO. 79-418 A MOTION INSTRUCTING AND DIRECTING THE CITY ATTORNEY TO DRAFT THE PROPER ORDINANCE WHICH WOULD BE REQUIRED TO PRESENT PROPOSED CHARTER AMENDMENT NO. 1, HEREINBELOW QUOTED, AND REQUESTING THE ADMINISTRATION THAT SUCH MATTER BE PLACED ON THE AGENDA FOR THE JULY 11TH CITY COMMISSION MEETING, PROPOSED CHARTER AMENDMENT NO. 1: "IN ORDER TO PRESERVE THE CITY'S NATURAL SCENIC BEAUTY, TO GUARANTEE OPEN SPACES FOR LIGHT, AIR, AND SIGNIFICANT VISUAL ACCESS, AND TO PROTECT THE ECOLOGY OF THE WATERFRONT AND BISCAYNE BAY AND THE MIAMI RIVER, ANYTHING IN THIS CHARTER OR THE ORDINANCES OF THE CITY OF MIAMI TO THE CONTRARY NOTWITHSTANDING NEITHER THE CITY NOR ANY OF ITS AGENCIES SHALL ISSUE BUILDING PERMITS FOR OR PERMIT ANY SURFACE PARKING OR ENCLOSED STRUCTURE (EXCEPT STRUCTURES NOT IN EXCESS OF 500 SQUARE FEET EACH RELATED TO DOCKS AND STRUCTURES AT THE PORT OF MIAMI) LOCATED ON BISCAYNE BAY, GOVERNMENT CUT, OR THE MIAMI RIVER FROM ITS MOUTH TO THE SOUTH MIAMI AVENUE BRIDGE: 1 WHICH IS NOT SET BACK AT LEAST 50 FEET FROM THE BULKHEAD LINE OR SEAWALL WHICHEVER IS GREATER EXCEPT THAT WHERE THE DEPTH OF THE LOT IS LESS THAN 150 FEET THE SETBACK SHALL BE 25% OF THE LOT DEPTH. THE CITY AFTER PUBLIC HEARING MAY GRANT AN EXCEPTION TO THIS SETBACK REQUIREMENT IF THE LANDOWNER OR THE CITY DEDICATEDS A PERMANENT PUBLIC RIGHT-OF-WAY ALONG THE WATERFRONT NOT LESS THAN 25 FEET AVERAGE DEPTH AND AT NO POINT LESS THAN 20 FEET IN WIDTH AND PROVIDES ACCEPTABLE LANDSCAPING AND MAINTENANCE FOR SUCH RIGHT-OF- WAY; OR 2. WHICH AT GROUND LEVEL OBSTRUCTS THE PUBLIC'S VIEW OF BISCAYNE BAY, GOVERNMENT CUT OR THE MIAMI RIVER BY OCCUPYING MORE THAN 75% OF THE WATER FRONTAGE OF EACH LOT OR TRACT ON WHICH THE STRUCTURE IS TO BE BUILT. THE FRONTAGE SHALL BE COMPUTED BY A STRAIGHT LINE CALCULATION MEASURED FROM THE MAJOR PUBLIC RIGHT-OF-WAY. THE CITY IN ITS ZONING CODE MAY GRANT FLOOR AREAS RATIO AND HEIGHT BONUSES FOR OBSERVING SUCH PROPERTY OCCUPANCY LIMITS". Upon being seconded by Comissioner (Mayor) Ferre, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Mayor Maurice A. Ferre Commissioner Rose Gordon NOES: Commissioner (Rev.) Theodore.R. Vice Mayor J. L. Plummer, Jr.*` ABSENT: None. ON ROLL CALL: *Mr. Plummer: I will try to be as brief as possible. My vote has not changed from yesterday. First and foremost, I want it to be understood that I do stand committed to putting a question relating to setbacks on the ballot. I'm all in favor of that. I think Charter changes are something that need a lot of consi- deration. I think this one needs consideration as others and I just feel that the proper way of doing it is to consider it then draw the proposal, then offer it to the voters. I am committed to putting it on the ballot but I want to do it in what I consider to be the proper form. Because of that, I have to vote against the motion. Gibson Mrs. Gordon: I would suggest, Mr. Ferre, that the title for what we have just done not be referred to as "Amendment No. 1 and 2" any longer because they have been reversed, so that the one you just passed is no longer No. 1...I suggest you just deal with the private property setbacks on the waterfront and title it that way. Mayor Ferre: All right. Mr. Plummer: May I also, Mr. Mayor, maybe for my standpoint but I think for the good of the community, I'm speaking against my vote, but I do recall some very serious and very important discussions yesterday relating to the Convention Center that is incorporated in that Amendment as presented. Now, you try to modify it and did modify it and it failed. Now,... Mayor Ferre: No, sir, no,no, no. Let me be very specific. Mr. Plummer: Mayor, I'm just bringing up for your point or view, okay... Mayor Ferre: I don't know where it is; Ihad it in my hand. Mr. Plummer: You will recall a discussion in reference to the motion as,presented. Mayor Ferre: Let me clarify it for you. Mr. Plummer: No, clarify it for the record,' not for me, I understood it. Mayor Ferre: A11 right, the following words were added: "or the City" and that clears the Convention Center. It now reads: "The City after public hearing may grant an exception to this setback requirement if the landowner or the City dedicates a permanent public right-of-way along the waterfront....", and since the City has dedicated that right-of-way then we are legally...that will permit the James L. Knight/City of Miami -University of Miami Convention/Conference Center to proceed as it has been drawn. Mr. Plummer: All right, sir, as, long as that is in there there today and they are sure ,pouring concrete and steel. Mayor Ferre: this item. Mrs. Gordon: I'd like to move you that the second amendment, the one dealing with the leasing of private property also be placed on the ballot and I would like to read that. "That effective immediately upon its adoption by a majority of the electors voting on this proposed amendment the Charter of the City of Miami shall be amended as follows: "Anything in this Charter or the ordinances of the City of Miami to the contrary 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 3 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 t be extension or ethended by voters ofethety Citytofut Miamisforubmitting approval orch rejection."ion or .extension to I so move. Mayor Ferre: All right, now, technically, that motion was previously moved and never found a second, now what you are doing is you are reading it again to give us the opportunity to second it, so I will now ask if there is a second to that motion. Mrs. Gordon: I'm suggesting that the two amendments together present a package of protection for the City, that one without the other does not accomplish the same job. Since Commissioner Lacasa changed his mind, I'm asking him to make the proper consideration in this case which deals with an issue far beyond the one that we dealt with prior. This one affects the future heritage of the City of Miami. It allows the voters of the City of Miami to decide what kind of City they want, whether they want the public's land used by private developers or not. That doesn't say that it couldn't be, it simply says that the people shall decide and not five people up here how the public's land should be used, that's all it is. Mayor Ferre: All right, we have a motion, do we haveon? aLsecond t .onithat tmotion? Is there a second? Is there a second on the is no second- I'll state it again into the record that I am committed that once the Waterfront Board comes back with their recommendations on a very complicated issue that, at that time, is the proper time to discuss this and deliberate and then place that on the ballot on November 6th following their recommendations and after have a5%bshearing. This is a very complicated issue. The setback of 50'-and the 2eethroughprovision isafairlysimple thingto understand. All right, we voted on this, is there any further discussion on The ramifications are relatively simple even though I might point out that it took two days of discussions and..,over this weekwend, with the proposer of this, Dan Paul, to amend this to a point where it wouldn't completely This late a whole series of things including the Convention Conference Center. item dealing with leases, is a very complicated, complex matter. As Father Gibson very well pointed out yesterday, if we create Boards, they should serve their purpose. We created a Board, the Miami Herald -and God knows I don't agree with most Miami Herald editorials- but on Sunday they recommended that we do just that, that we let the Waterfront Board ddee backrate on this and this matter will comemmend. back and That's what they are there for. When they at that point we can deliberate and either put or not put it on the November 6 ballot with their recommendations, and that's something that we will discuss in the future. Mrs. Gordon: Mr. Mayor, Mr. Ferre, I'd like to remind you that we do have a Planning Board and a member of the Planning Board is sitting on the last row and zoning, matters, setback matters, customarily, are matters that come from that Planning. Board. Tape II - 6/26/79 --I Mrs. Gordon: (Cont'd) ... since you and Armando Lacasa choose, and I'm not faulting you, I'm in accord with you at this time, to proceed with anv recom- mendation from a duly constituted board, the Planning Board, it seems rather strange to me that you would want to exclude the public lands from the people's choice and not the private land which normally goes through the Planning Board for a recommendation. Mayor Ferre: I'm not excluding anything, I just choose to follow the Herald's recommendation in this particular case. Now, with regards to whether or not the Planning or the Zoning Board wish to deliberate, I might point out, Mrs. Rockefeller, I think she was naming you in her statement, that if you have any input between now and 45 days before November 6th with regards to what we're putting on the ballot I want to tell you that this may not be the end of it, I'm sure that there may be some other modifications that will come out. Mr. Plummer: Mr. Mayor, once this is finished I -have a motion which I would like to make before this Commission and I don't want you to preclude my motion by your comments, which you're doing. Mayor Ferre: No, you are certainly entitled to that and I would say that all we're doing here is showing, as far as I'm concerned, the intention and the good faith of this Commission of putting this on the ballot. Now how it will be changed is certainly subject to a lot of discussion and I'm sure that be- tween here and mid-September,which is how long we have to change this again, there will be plenty of deliberation. Mr. Plummer: What is the present posture of the motion on the floor? Mayor Ferree There Mr. Plummer: All right, then I would like to make a motion. Mayor Ferre: Do you want to let Grace Rockefeller say something? Mr. Plummer: Well, it might preclude her. comments. Let me try. Mr. Mayor, I would like, even though I was on the other side, I would like to make a motion at this time that both of the matters be subjected to the Planning, the Zoning, the Environmental Boards to the Administration and to the Law Department. All we have heard at this point is glowing terms - to see if, in fact, there are any existing problems that could be existing or #2, that this Commission should be made aware if, in fact, there are any apparent dangers contained in what we might be doing. Now, and all I'm asking then is to review, to look at it, to come back to this board (1),and say there is nothing wrong with it, go with that which is proposed or (2) we say these changes should be considered. I make that in the form of a motion that it go through all of that process. Mr. Lacasa: Second. Mayor Ferre: There is a motion and a second. Under discussion, Grace, go ahead. Mrs. Grace Rockefeller: Mr. Mayor, I'm Grace Rockefeller. I live at 814 N.E. 71 Street. I am a member of the Miami Planning Advisory Board. I was in the Commission Chambers the day that the Waterfront Board was appointed and I think you have a very very intelligent group of people that you have assigned to this Waterfront Board and since this is a waterfront matter I follow your suggestion that i think you should wait for the recommendations of the Water- front Board because this is what they're going to solely concentrate on not the entire planning for the City of Miami. That's all I have to say. Mr. Plummer: And I also, of course, that was brought up yesterday but I would incorporate that in my motion that the Waterfront Board give consideration to both. I just asked a question, Rose, for example that couldn't really be answered. The question is of that which passed today in reference to setbacks Would that in any way affect private marinas? Not a City -owned marina but a private man who has a waterfront whatever and wants to put a marina. Would that affect him? And the answer is, "We're not sure." Mrs. Gordon: Which one are you talking about, J. L.? Mrs. Gordon: The first one, Rose, the one in reference to setbacks. Okay? Would that affect a man - let's say for example, hypothetically, Tibor Hollo who is building the Plaza Venetia who is proposing a marina, a private develop- ment and it has nothing to do with a City lease. Would that provision affect that man? Would it preclude or prohibit in the future that from happening? and the answer was "we're not sure". So I'd like to take the "unsure" or the un- certainty out of it and let's get answers so that we know exactly what we're dealing with. (BACKGROUND COMMENTS OFF THE PUBLIC Mr. Plummer: Armando, "Im`only .bringing that up as one thing that came to my mind...Okay? And when people come back and can't tell me yes or no and they're not certain, that's why I feel my motion is very much in order. Mayor Ferre: Well, let me tell you, Mr. Plummer, that I spent an hour dis- cussing this with Dan Paul on. Sunday and that's why you see that 500 square feet provision in there, see? "...or enclosed structures" and then in parenthesis, "except. structures• not in excess of 500 square feet, each related to docks", that's how that got in there. But see, that does not exclude a marina,as I understand it, but I think your point is well taken, that George Knox d the Law Department has really got to investigate this thoroughly. Mr. Plummer:. I'm saying. that I think _any Charter change, unfortunately, we don't have the Charter Revision Committee in force, I would hope that that would have been the case but if it is not then of those existing boards. and those existing experts in the field "I want them all to look at this matter and report back. Mayor Ferre: I think all we've done here today, basically, is to say that;. something is going to be on the ballot on November the 6th and I'm sure that '. between now and then it will be amended depending on if this thing passes and I'm sure there will be a lot of input by a lot of people. All right, there is a motion on the floor, is there anything else on this motion? Mrs. Gordon. Repeat your motion, please, J.L., please. Mr. Plummer: Rose, my motion simply says that both of these items which are':. up forconsiderationfor the ballot be exposed for consideration and review by the Planning, Board, the Zoning Board, the Environmental Board and the Water Board and both the Administration and the Legal Department. That's all." Mrs. Gordon:` Mayor Ferre: That's fine, nothing wrong with that. There is a motion and a second, "further discusSiOfl, call the roll. followingThe its adoption. MOTION NO. 79-468 A. MOTION TO REFER BOTH PROPOSALS IDENTIFIED AS CHARTER AMEND- MENTS NO. 1 AND CHARTER AMENDMENT NO. 2 TO THE PLANNING ADVISORY BOARD, ZONING BOARD, ENVIRONMENTAL PRESERVATION REVIEW BOARD, CITY ADMINISTRATION, LAW DEPARTMENT AND WATERFRONT BOARD FOR STUDY TO DETERMINE(1) IF ANY PROBLEMS EXIST IN THE PROPOSALS; AND (2) IF` ANY INHERENT DANGERS EXIST Ili THE PROPOSED AMENDMENTS; AND REQUESTING THAT ALL OF THE AFOREMENTIONED BOARDS DELIBERATED AND DEBATE THESE PROPOSED AMENDMENTS AND MAKE RECOMMENDATIONS AS SOON AS POSSIBLE TO THE CITY COMMISSION. Upon being seconded by Commissioner Lacasa, the motion was passed adopted by the following vote: AYES: Commissioner Armando Lacasa. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor J.L. Plummer, Jr. Mayor Maurcie A. Ferre Mrs. Gordon: I want to say that I'm glad that the issue of the Waterfront Board being used for what they were created to make recommendations is a mat- ter that you think is important because I don't think that they have been asked to make their recommendations known to this Commission on any prior items that we have dealt with on the water such as the Coral Reef Yacht Club, so this is good, we're stepping forward and asking these fine people to start doing the job that we appointed them to do. However, I would like to inform this Commission that knowing that there is liable to be a number of different changes taking place on both of the proposed amendments between now and the time that it would be placed on the ballottthat a petition drive will begin and is beginning anyway to insure the fact that it will be on the ballot in November.