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HomeMy WebLinkAboutCC 1975-01-23 Marked Agenda9:_b0 A.M. 1. 3. CITY COMMISSTON MEETING CITY HALL - DINNER R KEY JANUARY 11, 1975 Pledge of Allegiance Reading of the Minutes ZONING BOARD l.'1'EM 01744491.0 o�"'z Li. &fro) APPROXIMATELY 3805 N. W. 7T11 STREET * Resolution granting permission, as provided in Ordinance No: 6871 Article XTTI, Section 4, to permit coffee shop addition to existing shopping plaza on Tract "A" CENTRAL SHOPPING PLAZA (68-79) , located at approximately 3805 N. W. 7th Street, zoned C-IA (Planned Shopping Center) District. ** Zoning Board meeting December 16 - Item #8 Zoning Board by 7/0 vote recommended permission ONE OBJECTION Planning Department recommended "Approval" Applicant - Ilaydav Inc. APPEAL OF ZONING BOARD'S DECISION APPROXIMATELY 1800 MICA1OPY AVENUE 4. a. * Resolution granting a Variance from Ordinance No. 6871. " ,`.l.�; �- Article IV, Section 11(1), to permit replatting of ` �`Lot 5 Tentative Plat E870-B, "MICANOPY WOOD S" . 'L'` �! ` Located at approximately 1800 Micanopy Avenue. 'with y -1width of 49.93' (60' required) ; zoned R-1 (One Emily). �i , is ir..- /' ** Zoning Board meeting May 20 - Item f4(a) + Zoning Board by 4/2 vote recommended Denial of Variance tee �a,„ SIXTEEN OBJECTIONS Planning Department recommended "Deferral" Jzt '24/4, 7-,/`O. Applicant - Housing Engineers of Florida Citr Commission on November 7th deferred to permit "%'""-- 74,P applicant to confer with objectors and Planning Dept. to effect compromise. b. * Resolution officially vacating and closing 1`licanopy Avenue from its westerly terminus to a distance of 49,97' east in conjunction with Tentative P1at'1870-B, "MICANOPY WOODS", located at approximately 1800 •Iicanopy Avenue; zoned R-1 (one Family). LEGEND FOR AGENDA USV: ** Zoning Board meeting May 20 - Item `4(b) Zoning Board by 4/2 vote recommended Denial SIXTEEN OBJECTIONS Planning Department recommended "Deferral" Applicant A Housing Engineers of Florida City Commission on November 7th deferred to permit applicant to confer with objectors and Plnnning Dept. to effect compromise„DOCU ENT ,INDEX ITEM NO.. A single asterisk (*) preceding an item indicates the actual title of a resolution and/or ordinance. I► A double asterisk (**) preceding an item indicates either the subject matter of the item or summary explanation, and is not to be construed as being the title of a resolution and/or ordinance. 1 ea,40 r. "cepa, :ITY COMMISSION MEETING JANUARY 21, 1975 PAGE 2 APPEAL OF ZONING BOARD'S DECISION 5. 1698 S. W. Hill STREET * Resolution granting a "Conditional 1(se'+ as provided in )rdinance No, 6871, Article :tI, `Spobion 1 (5)(b), to permit construction of dri.vefin' teller facility on Lots 1, 2 and 3, . B1.6 ).T ' S11ENANDOAit (8-90) , located at 1698 S./147, 8€h Street, in conjunction with Southeast National Bent( of Coral Way, located at 1699 S. '. 22nd Street, zoned C-4 (General Commercial) District. ** Zoning Board meeting December 16 - Item =`9 Zoning Board by 6/0 vote (one member abstained) denied "Conditional Use" NO OBJECTIONS Planning Department recommended "Denial" Applicant - Southeast Properties, Inc. 9:30 A.M. 6. N.N. CORNER N.W. 42nd CURT AND N.I.T. 14111 STREET - Lots 1 - 6, Block 1, LeJEUNE GARDEN ESTATES 7r ** City Commission on June 13, 1974 denied Petition for Rezoning on the above property. Ms. Janice Revitz, attorney for the owners of the property, is appearing before the City Commission to request waiver of the 18-month time limit for refiling the petition. 7. 1901 BRICKELL AVENUE * Resolution granting permission to dredge the area in Biscayne Bay adjacent to Lots 53 through 62, flock "B", FLAGLER PMARY BRICKELL (5-44) , at 1901 Brickell .Avenue, in conjunction with proposed marina, vs per plan can file: zoned R-5A (lligh Density Multiple) , sLbject to the foll.w- ing conditions: (1) there shall be no gas or diesel pumps on the docks (2) there shall be no commercial use of the marina, (3) there shall be no accessory ese store at the marina site, (4) the City of Miami shallbe given the fill obtained by dredging the bay bottom .i d said fill shall be placed in a convenient location for easy pickup, (5) the roof of the existing, multi-stor•: building owned by the applicant and built upon the property above described will be left clear to permit possible landing of helicopters on the roof area, (6) the applicant shall permit the City of Miami to place an antenna on the building constructed on the above described property, (7) the "set back" shall comply with the Planning Depart- ment's requirements for "set backs", (8) the applicant shall not permit living aboard vessels and shall provide a clause in each ard every contract or lease wit!, the users of its dock facilities that there will 'ae no "live aboards" permitted at said dock facilities aed that there will be no house boats permitted to dock at thin facility at any time, and (9) there shall he complete coml'l i ance with Chapter 24 of the Code of Metropolitan Dade County and Chapter 403 of the Florida Statutes; and authurizing and directing the City Manager and City Clerk to enter int:o an agreement with the applicant to permit the dt(:i1ging of Biscayne Bay in accordance with the provision:: and conditions of this resolution. rear r.. errrrrm!_ _. r. r.. -r - - - ..wwrrr r ** City Commission on January 9t1. deferred this iteri CONHISSION MEETING JANUARY 23, 1975 PAGE 3 1.000_A.M. UNFINISHED BUSINESS - SECOND READING 8. * Ordinance amending Paragraph No, 1. Section 16-20 of the Code of the City of Mir a ,:entitled "General Contract Procedure for/ >t,40en it '(~ear' xceeding Fifteen hundred Dollars", by establishing a new ceiling of forty five hundred dollars for general contract procedures; eliminating the necessity of three-oompetit t' s; providing an effective date. J3r r f3yy ** Passed on first reading City Commission meeting December 17, 1974 Introduced by - Commissioner Gibson Seconded by - Commissioner Gordon Ayes - Commissioners Gibson, Gordon, Plummer. Reboso and Mayor Ferre Noes - none 9. * Ordinance amending Section 16-21 of the Code of the City of Miami entitled "Method of Securing Competitive Bidding on Contracts for More Than One Thousand Dollars; Exceptions", by requiring advertisements for a ceiling bid for contracts for more than forty-five hundred dollars; eiiminating the necessity of three competitive bids; providing an effective date. ** Passed on first reading City Commission meeting December 17, 1974 Introduced by - Commissioner Gibson Seconded by - Commissioner Gordon Ayes - Commissioners Gibson, Gordon, Plummer, Reboso and Mayor Ferre Noes - none 10. * Ordinance amending Section 16-25 of the Code of the City of Miami, entitled "Open Market Purchases", by establishing a new ceiling of forty-five hundred dollars on open market purchases; e e ,Lvmpel- --i,ids; providing an effective date. ** Passed on first reading City Commission meeting December 17, 1974 Introduced by - Commissioner Gibson Seconded by - Commissioner Gordon Ayes - Commissioners Gibson, Gordon, Plummer, Reboso and Mayor Fevre Noes - none 041) ()per. 11, PI 12. • * CITY COMMISSION MEETING JANUARY 23, 1975 PAGE 4 UNFT.NISlii i) i;i SINESS - SECOND Rr.A11Iuc Ordinance ,mending Ordinance rio. 6871, the Cu:-prehensive Zoning Ordinance for the City of MiarT'i, by adding a new Paragraph (136-B) t.o Article XXV reducing the zoned street taidtli of Co;coocliee Street from 501 to 301 ; repealing, n11 ordinances, Code sections or part;; thereof in conflict insofar as they are in conflict; an-1 con- tain=ng n severability provision. Patzsed on first reading City Commission meeting December 17, 1974 Inzrnduced by - Conmtiqr;ioner Plummer Seconded by - Commissioner Gordon Ayes - Commissioners Gibson, Cordon, Plummer, Reboso and Mayor Ferre Noes - none Ordinance amending Ordinance No. 8305, making appropria- tions of Federal Revenue Sharing Funds for "Call -in Service" for the fiscal year ending September 30, 1975; appropriating the sum of $35,000.00 to be used for the treatment, replacement and removal of blighted coconut palms; repealing all ordinances, Code sections. or parts thereof in conflict, insofar as they are in con- flict; providing a severability clause. ** Passed on first rending City Commission meeting; December 17, 1974 Introduced by - Commissioner Gibson Seconded by - Commissioner Plummer Ayes - Commissioners Gibson, Gordon, Plummier, Reboso and Mayor Ferre Noes - none 1.0:15 A.M. PERSONAL APPEARANCE AND DISCUSSION ITEMS 4124141 13. Mr. Sol W. Meyerson, representing the Miami Fashion District Association, to discuss the enlargement of . r the Miami Fashion District. LC.d" T 4 14. Fir. Henry Civens, Chairman, Minority Business Opportunities Committee of the Federal F>:ecuti•:e Board. 15. Mr. William Gage n rtd Mr. Richard Pearson to discuss more adequate police protection in their husine.s area. _ ,11 U ,A. PPI ocLAMAT.IoNS.s,. _P . MAt1oNS :AND ,..:.SPECIAL .,,ITEM 20, Ptoclamation of "Fight Litter Month" to be received by Mr. Edward J. Gertits, Chairman, and Mrs, Simeon Spear, Co -Chairman. b. Proclamation of the ttieek of January 26 to 311 1975 as "Jose Marti leek" to be received by Mr, turipides Meta of the Latin American Citizens Council. c, Proclamation declaring week beginning Wednesday, January 22, 1975, as '+Ringling Brothers and Barnum & Bailey Circus Week", to be received by Mr. Gene LaNeir. d. Proclamation declaring February, 1975, as "Parade of American Music Month", to be received by Mrs. Harold Rash, President of Miami Music Club. e. Proclamation declaring Wednesday, January 22, 1975, "Ukrainian Independence Day", to be received by Mr. Walter Chomiak. 11:00 A.M. * Veit 16. '�' I .LAU" 17 . •, ' 7 4/ ;" CITY Cn EliSSTON tf X,T1i J,\`ir:1RY 21, 1975 ' A.C;F: :i;, led bid:: to hp received by t)1, City on tfte ..:1Ic' of 5225,0MA l)r:.:e };`,ul, ;•;lroI ow.:o Revenue PEES( NAI.., A` D..n L:;.(:(F.i IO 7'i `f5 (CONI T.N(»'i)1 Mr. Alwyn F. Matthews, Legislative Consultant, to discuss the City's federal liaison productivicy in relationship to the present total cost of the program. 18. Discussion of the acquisition of real property and procedures for relocation for the "African Square" Project. 19. ;•Ir. Angel Lorie, Managing General Partner of the Miami Toros Soccer Club, to discuss renegotiation of the agreement for use of the Grange Bowl Stadium. 11:30 A.M. PROCLAMATIONS. PRESE'rrt'rt0NS AND SPECIAL ITEMS 20. a. Proclamation of "Fight Litter Month" to be received by Mr. Edward J. Gerrits, Chairman, and Mrs. Simeon Spear, Co -Chairman. b. Proclamation of the week of January 26 to 31, 1975. as "Jose Marti Week" to be received by Mr. Eur.ipidos Riera of the Latin American Citizens Council. r 1 it:00 A.M. .7 _T 11:30 A.M. 16. r CITY C0Nfl1SSIoN HET'.T1N ; JANUARY 23, 1975 PAGE 5 RECEtV'I: ; .,Ar.r:u III) ** Sealed bidf; to he received by the City (;o.r:r.is:'io-. on the sole of ` 225,000 nr:iu e 1:01J1 Varc'11Uu::t' Re.ventie Boods. PERSONAi, APPEAI:ANCE AND DISCUSSION ITEMS (CONTINUED) 17. Mr. Alwyn F. it:;Cthews, Legislative Consultant, to discuss the City's federal liaison productivity in relationship to the present total cost of the program. 18. Discussion of the acquisition of real property and procedures for relocation for the "African Square" Project. 19. 20. a. Mr. Angel Lurie, Managing General Partner of the Miami Toros Soccer Club, to discuss renegotiation of the agreement for use of the Orange Bowl Stadium. PROCLAMATIONS, PRESENTATIONS AND SPECIAL ITEMS Proclamation of "Fight Litter Month" to be received by Mr. Edward J. Gerrits, Chairman, and Mrs. Simeon Spear, Co -Chairman. b. Proclamation of the week of January 26 to 31, 1975 as "Jose Marti Week" to be received by Mr. Euripides Riera of the Latin American Citizens Council. 2:00 P.M. r CITY COMMISSIfN MEETING JANIIARY 23, 1975 PACT. ( ADJOURN FOR LUNCII 21. PUBLIC HEARING ** Public hearing to receive and consider recommendations for CLAUa,II'i'nN ISLAND, n 44-acre island located in Biscayne Bay, as n ]Development of Regional Impact, and the issuance of a Development Order. a. * * - Resolution granting the issuance of a Development Order, approving With modifications the deveL:pmcnt proposed by Edward N. Claughton, Jr. and Prates Properties, Inc., for UNPLATTEI) Claughton Island, located in Biscayne Bay at the foot of S. E. 8th Street, after conducting a public hearing as revired by Chapter 380.06, Florida Statutes and City of 'Miami Ordinance No. 8290, and considering the report and recommendation of the South Florida Regional Planning Council, subject to certain conditions. ** Planning Advisory Board meeting December 18 - Item Planning Advisory Board by 6/0 vote recommended issuance of Development Order. Planning Department recommended "Denial" Applicant - Prates Properties Inc. b. ** Resolution approving the "Development Concept "Inn" after consideration as set out in Resolution 1'.\1; 5 -74, and as presented by Edward N. Claughton, Jr. :r d crates Properties, Inc. for UNI'I.ATtED Claughton Island. located in Biscayne Bay at the foot of 5. E. 8th Street, in accordance with Ordinance No. 6871, Article XX1.-1, SPD-1 (Central Island District), subject to certain conditions. ** Planning Advisory Board meeting December 18 - Item =2 Planning Advisory Board by 6/0 vote recommended .approval Planning Department reconunended "Denial" Applicant - Prates Properties Inc. 4:30 P.M. 22. DISCUSSION OF RAPID 'TRANSIT CORRIDOR AN]) RovrES C2'JY Cc ar 1:11 S J oN JANI'ARV ?3, 1975 'WTI l : 1 NEW WSINES5 - RE,Gl,UIf1,ISl(-,RJli'i•NCES * Ordinance amending certain subsections of they tlinini City Employees' Retirement System (Ordinance No. 7210. December 6, 1!)19, a:. ,amended); as nppeirinF' in codifi- cation form ,i: a part of Chapter 2 of the Code of the City of cli,v:'i, Florida, 1957, as amended, more particularly, repealing sub -sections 11 and 12 of Section 2-91 of said Chapter 2, entitled "Reexra. ination of Beneficiaries Retired on Account of bisabili .v'', and substituting therefor new sub -sections ll , 12, ,2--1 and 12-2 of Section 2-91 entitled "Limitation of Disability Benefits ,and Reexamination of Beneficiaries Retired on Account of Disability", thereby riving the Retirement Board of the Miami City Employees' Retirement System the authority to limit pension benefits of members receiving disability. retirement benefits when said members perform services which are substantially equivalent to duties that can be assigned within the classification from which the member was retired; pro- viding Further for the reduction of pension benefits of a member receiving accidental disability retirement when the member is engaged in performing services which are substantially equivalent to the duties that can be assigned within the classification from which the employee was retired when the member's salary from said occupation when added to the sum the member is receiving on account of accidental disability exceeds 100 per cent of the salary for the classification from which the employee was retired; providing further for the receipt by the Retirement Board of inforna :ion concerni-!g salary and type of employment of members re.ceivi;ac accidental disability retirement benefits; providine further for physical examination of members receiving disability retirement allowance; providing further for the procedure to he followed in the event a member re- ceiving an accidental disability retirement is able to perform service within his classification in accordance with the requirements of the Civil Service Rules and Regulations of the City of tii.vni; providing further far the right of payback of contributions to the Miami City Employees' Retirement System in the event an employee is returned to duty after receiving an accidental disability retirement; providing further for physical examination of a member receiving an accidental dis- ability retirement allowance at the place of residence of a member or at a place mutually agreed upon by the member and the Retirement Board; providing further for the procedure to he taken in the event a member receiving an accidental disability retirement allowance refuses to submit to a physical examination; providing further for the termination of an accidental disability retirement allowance when a member who is receiving said allowance is no longer incapacitated but refuses to accept employ- ment offered to him; providing further For the assign- ment of any member to any other job classification when said member is unable to perform within his or her classification providing the employee consents to such assignment; :and, further providing that the employee's (continued on following posed crrr' COMMISSION ell rt EI:: JANUARY 23, 1975 PAGE 8 NEW BUSINESS - RESoEUTIoNS/ORDI ANCES a. (continuer) t__)!, preceding; pnge) ** snlary in the new jot, classification shall 'le no less than 100 pet tent of the employee's job c1.a.;s from which he w:a:2, t r.in a rred; repealing al.1 ordinances, c .•de sections or part:; thvroof in conflict insofar a: they at in Co'.' flict; containing :t :;c,verability provision; decL zinc this ordinance to he on emergency treasure, di.spensinr with the requirement of reading the same on two separate days by a vote or: not less than four -fifths of the members ot. the Commission. The proposed ordinance gives the Retirement Board of the System the right to limit disability benefits to those members who have received nu accidental disability retire- ment and who are performing services which are substantially equivalent to those :services that can be assigned within the classification from which the member retired. It further provides for subsequent physical examination of members who have received an accidental disability retirement. Pro- visions are included for the right of pay back of contribu- tions in the event a member who was on disability is returned to duty. An employee mnv be re -,assigned to another job classification if the employee consents, providing the salary in the new job c1;isr; is no less than than that of the employee's original joh class. b. * (Ordinance amer:dinp certain subsections of the Miami City Employees' Retirement System (Ordinance No. 2210, December 6, 1939, as amended) and the Mimi City General Employees' Retirement flan (Ordinance No. 5674, May 2, 1956, as amended) as appearing in codification form as a part of Chapter 2 of the Code of the City of Miami Florida, 1957, as amended, rrore particularly rer••aling subsection (10) of Section 2-91, and substituting therefor a new subsection (10) of Section 2-91 and repealing subsection (9) of Section 2-109, and substituting there- for a new subsection (9) of Section 2-109, terminating the provision allowing for return of contributions to members who have received an accidental disability retirement and providing for return of contributions to members except in the case of death or retirement, with exceptions; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in ccr- flict; containing a severability provision; declaring this ordinance to be an emergency measure; di::pensing with the requirement of reading same on two separate days by a vote of not less than four -fifth; ( W/';) of the members of the Conmti ssi on . ** Under the ordinances now in effect a member who receives an accidental disability retirement is entitled to :t return of his or her contributions, in addition to his monthly benefit. The purpose of this ordinance is to eliminate the return of contributions in the case of an accidental disability retirement. CITY COCIl•115sION NILE] Ica; .1ANUARY 13 , 1975 PACE ) , NEW tSt1SINT; S - RESOLUTIONS/ORDINANCES * Ordinance ar,endint; certain subsections of the lliami City F'rnpl or; ee ' Retirement System (Ordinance No, 1230. December 6, 1919, as amended) ; as appearing in codifi- cation f nn as n port of Chapter ? oC the Code of the City of Miami. Florida, 1957, as :mended, more particu- larly r;nf-ndin+, Section 91 of said Chapter 2 by •epealing subsections 6(a) and (hl of said Section 91 , a.. -emended and rnbstituting therefor new subsections h(n), (b) add (c) of ecti.n» 91 of. ;aid Chapter 2 providing for accidental or: service -incurred disability retirement allowance; providing for the procedure to be followed by the Retirement tirement Board of the Miami City Employees' Retirement System when considering can application for accidental or service -incurred disability retirement; providing For the definition of total and permanent disability; providing further for the Retirement Hoard to receive alt available information when considering an application for accidentalor service -incurred disability retirement; repealing all ordinances, Code sections, or parts thereof in conflict, insofar as they are in conflict; containing a severability provision; declaring this ordinance to he an emergency measure; dispensing with the requirement of reading the same on two separate days by a vote of not less than 4/5 of the members of the Commission. ** This provides the procedure to be followed in the event of an application for accidental disability retirement. It also provides a definition of total and permanent disability for the further performance of duties. In addition, the Board is given the right to receive any and all information which it deems necessary in order to arrive at a decision. It also requires that the Board must concur with the physician employed by the Board when granting a retirement. d. * Ordinance amending certain subsections of the Miami City Employees' Retirement System (Ordinance No. 2230. December 6, 1939, as amended) and the Miami City General Employees' Retirement Plan (Ordinance No. 5624, May 2, 1956, as amended), as appearing in codification form as f: part of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, more particularly amt ding subsection 7 of Section 2-91 by adding an additional section (c) thereto and amending subsection 6 of Section 2-109 by adding an additional section (c) thereto, providing tor a benefit equal to forty (40) percent of a member's monthly retirement allowance to the spouse of a member who has died after receiving an accidental di o-;ability retirement; repealin i all ordi- nances, ('ode sections or parts thereof in conflict; containing rt severability provision; declaring t:his ordinance to be :in emergency measure; dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths (4/5) of the members of the Commission. ** This proposed ordinance provides that the spouse of any member who dies after receiving an accidental disability retirement shall receive monthly 407, of the member's monthly retirement allowance during the lifetime of said spouse. • fr.- /re go * .1ITY C0t•1T1I.S: 1 t)ii H1ETINt; JANUARY 23, 1ct75 i'At': 10 NEW BUSINESS - RC Soi,UrioNS/f R0INA•CES e, THIS PROPOSED to 011D CtiA!'t: HAS BEEN DUEIED. f. * Ordinance unending certain subsections of the ' City Employees' Retirement System (Ordinance ?:t1 . :10. December 6, 1039), ns amended): as appearing in codifica- tion form ns ,i part of Chapter 2 of the Code of the ('it% of Miami, Florida, 1957, as amended, n'ore particularly amending Section 96 of said Chapter 2 by repealing subsections 3(n), (b) and (c) of said Section Sit as amended, and substituting therefor new subsections 3(a) , (b) nn1 (c) of Section 96 of said Chapter 2. providing for the nppointa.ient of a Successor -Trustee to administer the Miami City Employees' Retirement System Trust; providing further for the composition of the Successor -Trustee; providing further the qualifica- tions for the Trustees; providing further the tenure of the City Commissioner serving on the Board of Trustees; providing further the tenure of the remaining members of the Board of Trustees other than the City Commissioner; providing further the method of appointment of Successor - Trustees; repeating all ordinances, Code sections or parts thereof in conflict, insofar as they are in con- flict; containing a severability provision: declaring this ordinance to be an emergency measure; dispensing with the requirement of reading the same on two separate days by n vote of not less than four -fifths of the members of the Commission. g• ** The subject matter of this proposed ordinance reflects the change in the compositior of the Board of Trustees of the Retirement System. * Ordinance amending certain subsections of the Miami City Employees' Retirement System (Ordinance ::o. 2230. December 6, 1939, as amended); a: appearing in codifict- tion form as a part of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, more particularly amending Section 6 of Section 96 of said Chapter 2 b adding an additional Section (h) thereto, providing f.,r the posting of a fidelity bond by any person or fir - providing services for the Miami City Employees' !'ecire- ment System Trost when the services being performed would subject said 'Crust to financial loss; repe7li all ordinances, Cnde :sections or parts thereof in conflict insofar :ts they are in conflict: coot main:, a severnbiiity druvision; declaring ti;i. ,+ri11; .tnce to the an emergency tnew;tire; dispensing with t':,e r.'c;.:irc,:nent of reading the ::rune on two sep.rate d,r:s i•y a vote .,i not less than four -fifths of the members al the Commission, ** Thts proposed ordinance gives the Board of Trustees of the Retirement System the right to require a fidelity bond if it believes the trust is subject to financial loss due to the services being performed by any person or firm, CITY COMM SS1OId MEETING JANUARY 23, 1975 PACE 11 NEW BUSINESS - r?t:Soi,iJ t W:` S,/OiLltl.ivrlydt;1:S Ordivaace amending certain sub -section:; of the Miami City Employees' Retirement System (()rdi_nancc No. 2230, December 6, 1939, as amended); as appe; rl.*ty; in codi t i ca- t:ion form os a part of Chapter 2 of the Code of the. City of Miami, Florida, 197, as amended, more particularly, repealing Section 2-9)0 entitled Administration, and ::;tth- :;titrtt:ins; therefor n net: Section 2-90 entitied ,\r' tinistra- tion, thereby establishing the Retirement Board o the Miami City 1'.n'ployeesc Retirement System and providing for the composition thereof; providing further for the meetin,.;s of said Board :und the procedure for election of members; providing further for qualifications for member- ship on said Board and the procedure for filling Vacancies, if any; providing further Hint members of the Board shall serve without compensation and shall take an oath of office; providing further for rules and regulations by which the board is to be governed; providing further for the selection of a Vice -Chairman and Secretary for the Board; providing further that the Board shall keep in- formation and data; providing further that the Board shall keep its minutes open for public inspection; providing further for the submission of annual reports to the City Commission of the City of Miami; providing further for the designation of an actuary for the Board; providing further for the selection of n physician to assist the Board in the performance of its duties and providing, for the procedure to be followed by said physician when re- quested to assist the Board; providing further for an actuarial valuation by the actuary; repealing all ordinances, Code sections or parts thereof: in conflict, insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requirements of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. The proposed ordinance establishes the composition of the Retirement hoard of the Retirement System and provides for the election of said members. The members will be: two firefighters, two police officers, four members selected by the City Manager to represent the City administration, and one City Commissioner appointed by the Comission by a minimum 4/5 vote. Further provisions will require the Board to keep its matters open for public inspection and also to submit annual reports to the City Commission before July 1 of each year. In addition, the ordinance provides for the designation of an actuary and physician by the board. It establishes a new physical examination procedure whereby the physician employed by the Board will be the only doctor who will have direct communication with said Board. lie, however, is empowered to seek assistance from other physicians from a list that has been approved by the Board. An actuarial valuation periodically is also provided for in the ordinance. CITY CCWISS I ON t•1EETT14; JANUARY 23, 1975 i'A(;1; 1.2 NEW hUSii^7i '; - hf::;I!1.(:i f iv.::;l(Ii;Ulii;1'.('";; Ordinance r,,;.'i!` it!;'. cart;tin l) ut ions of 11•t' it nt i (its' General V'rp i r'. t r r,' Rct i rt"rest t Min ;in ((1rd i !l:!nc e May 2, 195h, a,:le;Idrtl1; ;1s :Ippearin.; iu r di f ieC)( 1a?! form as a p:4rt of Ch:!ptt!r 2 of the Code of the City of 11iatni, F for i do , 1957, tmended, tr.+re part i ctt l ar1Y amending Section 109 of ,,:1d Chapter 2 by r.'pu lit;: subsections. j(a) and (b) of fpid Section 1I)0, a'.: and subst_ i tut i I! ; therefor new solecret icint; 50), (l•\ . rtti (c) of Section 109 of s:.ii c' ( loyter :'. pro''idi n,; for .icy: i- dental or f:; rvice-incnrrcd disability retirement ;tlloc•:- once; proviihi for the procedure edure to he fo11o;.ed by the Retirement fn.;r.d of the .'i :rtti. City General ft r,loyeest Retirement i'ian when cons.itlerin ; on application for . cci- dentai. or service -incurred disability retirement; providing for the definition of total and permanent dis- ability; providing further for the Retirement hoard to receive all available information when considering an application fur accidental or service -incurred disability retirement; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in con- flict; containing o severahil.ity provision; declaring this ordinance to he an emergency measure; dispensing with the requirement of reading the 5.inte on two separate days by a vote of not Less than four -fifths of the members of the Commission. The proposed ordinance provides the procedure to be followed in the event of an application for accidental disability retirement by a ment'ier of the Retirement Plan. The ordinance also provides a definition of total and permanent disability for the further performance of duties. In addition, the hoard is given tiie right to receive any and all information which it deems necessary in order to arrive at a decision. A significant change from current practice is reflected in the provision that requires that the Retirement hoard must concur with tltc physician uhci is employed by said board When granting a retirement. CITY C(*Ufl_SSL N ;fEEt 1N; JANPARY 23, 1975 PACE 13 NEW 3USINESS - RESOLIrTIONS/ORDINANCES Ordinance amending certain subsections of the Miami City Employees' Uetirement Plan (Ordinance No. 5624, May 2, 1956, as amended) as appearing in codification form as a part of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, more particularly, repealing Section 2-108, entitled "Administration", and substitutir - therefor a new Section.2-1.08, entitled "Administration". t'ereby establishing the Retirement Board of the Miami Cit.-- Employees' ?tetirement Plan and providing for the composition thereof; providing further for the minutes of said Board and the procedure for elections and appointment of members; providing further for the procedure for filling vacancies, if any; providing further that members 3f the Board shall serve without compensation and shall to{e an oath of office; providing further for the selection of a Chairman, Vice -Chairman and Secretary for the Board; providing further that the Board shall keep information and data; providing further that the Board shall keep its minutes open for public inspection; providing further for the submission of annual reports to the City Commission of the City of Miami; providing further for the designation of an actuary for the Board; providing further for the City Attorney to be the legal advisor for the Board; providing further for the selection of a physician to assist the Board in the performance of its duties; and providing for the procedure to be followed by said physician when requested to assist the Board; providing further for an actuarial valuation by the actuary; repeal- ing all ordinances, Code sections or parts thereof in conflict insofar as they are in conflict; containing a severabilfty provision; declaring this ordinance to be an emergency measure; dispensing with the requirements of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** This ordinance establishes the composition of the Retire- ment Board of the Retirement Plan and provides for the election of said members. The members will be: one City Manager, one Director of Finance and two members of the City administration appointed by the City Manager and one City Commissioner appointed by the City Commission by a minimum 4/5 vote. There are further provisions which require the Board to keep its matters open for public inspection and also to submit annual reports to the City Commission before July 1 of each year. In addition, the ordinance provides for the designation of an actuary and physician by the board. It further establishes a new physical examination procedure whereby the physician employed by the board will be the only doctor who will have direct communication with said board. He, however, is empowered to seek assistance from other physicians from a list that has been approved by the board, An actuarial valuation periodically is also provided for In the ordinance. CITY COMMISSToN r EETTNC .IANOAFY 73, 1975 PAGE 14 NEW BUSINESS - RESOLUTIONS/ORDINANCES k, Ordinance amending certni.n subsections of the Miami City General Employees' Retirement Plan (Ordinance No 5624, May 2, 1956, ns amended); as appearing in codification form as a part of Chapter 2 of the Code of the Cit'• o:y Miami, Florida, 1957, as amended, more particularly amending Section 106 of said Chapter 2 by repealing subsections 1(:), 4, 5 and 6 and substituting thf -efor a new subsection 4 of Section 106 of said Chapter thereby / providing for two classes of employees. to -wit: Class A consisting of all general men and women employees, and Class 13 - consisting of nll general employees who as of /1. .3/ j October 1, 1974 were members of the Miami City Employees' 1 Retirement System; providing further that the members of Class 13 shall retain their status of exemption from the provisions of the Social Security Act; providing further that each member who has attained his minimum retirement date shall receive a normal retirement benefit of two (2) per cent of his final average earnings, plus an additional one -tenth (1/10) of one (1) per cent for each year that the member's age and service exceeds seventy-five (75) up to a maximum credit of three (3) per cent per year of service with exceptions; providing further for the transfer of all assets and liabilities from the Retirement System to the Retirement. Plan for those members of the Miami City Employees' Retirement System becoming members of the Miami City General Employees' Retirement Plan; providing further for. an ,actuarial valuation to be made as of December 31, 1c74, to determine the assets and liabilities of those members of the Miami Ci ty Employees' Retirement System transferring to the Miami City General Employees' Retirement elan; providing further that there shall be an eight (8) per rent contribution by all employees belonging to the Miami City General Employees Retirement Plan; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requirement of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. ** This ordinance combines all the current classes of employees in the Retirement Plan into one new class. It further transfers all general empio."ees who are currently in the Retirement System to the Retirement Plan. These latter employees are separated into a distinct class due to the fact that they are not required to pay Social Security benefits. There are, thus, only two classes of employees under the flan: the only distinction being Social Security payments. The ordinance further provides the benefit that a member re- ceives when said member achieves his minimum retirement date. The normal retirement benefit is two per cent of the member's final average earnings, plus an additional one -tenth of one percent for each year that the member's age and service exceeds 75, up to a maximum of three per cent per year. The ordinance further provides for certain exceptions to the ;shove benefit, A further provision is an increase in the rate of contribution by the general employees from the current seven and one-half per cent to eight per cent. In order to implement the transfer of those general employees in the system to the plan, the ordinance provides for the transfer of all those members' assets and 1 iabi 1.. ties from said system to said plan, MITI' Go;'1m ss1()N 1-TEETING JANU!ARY 23, 1975 PAGE 1.5 NEW BUSINESS - RESOLUTIONS/ORDINANCES 1. * Ordinance amending certain subsections of the Miami City General Employees' Retirement Plan (Ordinance No. 3624, May 2, 1956, a.; amended); as appearing in codification form as a part'of Chapter 2 of the Code of the Cit•- of Miami, Florida, 1957, as amended, more particularly amending Section 109 of said Chapter 2 by creatiez subsection (3) utilizing existing provisions of Section 109 and lettering said provisions respect'7ely (a), (b) and (c); and by adding n new paragraph (d) to subsection (3) of Section 109 of said Chapter 2; thereby providing the minimum benefits to which a member who was employed by the City of MI.ami on October 1, 1974, would be entitled; providing further that any member employed by the City of Miami prior to October 1, 1974, shall have the option of having his retirement benefits computed in accordance with the provision of Section 2-106 of the Code of the City of Miami; or in the alternative, if such member qualifies, he may have his benefits computed in accordance with the provisions of Section 2-109(3)(b) or at a rate of 2-1/2 per cent per year, whichever benefit is greater; repealing nll ordinances, Code sections or parts thereof in conflict, insofar as they are in con- flict; containing a severability provision; declaring this ordinance to he art emergency measure; dispensing with the requirement of reading the s,nne on two separate days by a vote of not less than 4/5 o the members of the Commission. ** '!'his ordinance gives those employees who are employees of the Retirement Plan prior to October 1, 1974. or those employees who are being transferred from the system to the plan, the option of having their benefits computed in one of two ways. The first alternative would be to have their benefits computed in accordance with the provisions of Section 2-106, which are outlined in Ordinance K. The other alternative is to have a member's benefits, if he qualifies, computed in accordance with the provisions of Section 2-109(3)(b)(Longevity Benefits), or at a rate of two and one-half per cent per year, whichever benefit is greater. CITY COMMTSSION 1•1EETINC JANUARY 23, 1975 PAGE. 16 NEW BUSINESS = RESOLUTIONS/ORDINANCES m, * Ordinance amending certain subsections of the Miami Ci cv General Employees' Retirement Plan (Ordinance No. 5624, May 2, 1956, as amended); as appearing in codification form as a part of Chapter 2 of the Code of the City of Miami, Florida. 1957, as amended, more particularly, repealing suhsactions 10 and 11 of Section 2-109 if said Chapter 2 entitled "Reexamination of Beneficiaries Re- tired on Acconnt of Disability', and substituting therefor new subsections 10. 11 and 12 of Section 2-109, entitled "Limitation of Disability Benefits and Reexamination of Beneficiaries Retired on Account of Disability" thereby giving the Retirement Board of the Miami City General Employees' Retirement Plan the authority to limit pension benefits of members receiving accidental disability retire- ment benefits when a member's annual earnings from employ- ment exceed an amount which when added to his disability retirement allowance would result in a combined income of one hundred per centum (1007) of the maximum, current salary for the classification from which he was retired; providing further than any member receiving an accidental disability retirement allowance shall furnish copies of his federal income tax for the immediate preceding year and other information as required by the Retirement Board; providing further for a withholding of disability retire- ment allowance payments when a beneficiary's income exceeds the maximum permissible amount; providing further for no restriction on earnings when a member who receives an accidental disability allowance reaches his minimum normal see -vice retirement age; providing further for physical examination of members receiving a disability retirement allowance; providing further for the procedure to be followed in the event a member is ;able to perform service acceptable to the City; providing further for the right of pay back of contributions to the Miami City General Employees' Retirement Plan in the event an employee is returned to duty after receiving an accidental disability retirement; providing further for the physical examination b} the physician employed by the City at least once every five years for those members receiving an accidental disability retirement allowance; providing further for the termination of an accidental disability retirement allowance when a member prior to his mandatory retirement age who is receiving said allowance, is no longer incapacitated or refuses to accept employment offered to him; repealing all ordinances, Code sections or parts thereof in conflict, insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requ;rne nt of reading the same on two separate days vy a vote of not less than 4/5 of the members of the Commission. **The proposed ordinance gives the Retirement Board of the Plan the right to limit disability benefits to those members who have an accidental retirement and whose annual earnings from employment exceed an amount which when added to their disability retirement allowance would result in a combined income of 100 per cent of the maximum current salary for the classification from which the employee was retired. It requires that each member receiving an accidental disability retirement allowance furnish copies of his income tax statement for the preceding year. It also pro- vides for subsequent physical examinations of members who have received an accidental disability retirement. It also provides for the right of pay back of contributions in the event a member who was on disability is returned to duty. In addition, a physical examination at least once every five years is required for those members receiving an accidental disability retirement, CITY COMMISSION MEETING JANUARY 23, 1975 PAGE 17 NEW .BUSINESS. _RESOLUTIONS/ORDINANCES * Ordinance amending certain subsections of the Miami City General Employees' Retirement Plan (Ordinance No, 5624. May 2, 1956, ns amended); as appearing it codification form as a part of Chapter 2 of the Code of the City of Miami. Florida, 1957, as amended, more particularly amending Section 111 of said Chapter 2 by repealing subsections 3(a). (b) and (c) of said Section 111, as amende&&, and substituting therefor new subsections 3(a), (b) arl (c) of Section 111 of said Chapter 2, providing for the appointment of a successor -trustee to administer the Miami City General Employees' Retirement Plan Trust; providing further for the composition of the successor -trustee; providing further the qualifications for the trustees; providing further the tenure of the City Commissioner serving on the Board of Trustees; providing further the tenure of the remaining members of the Board of Trustees other than the City Commission; providing further the method of appointment of successor -trustees; repealing all ordinances, Code sections, or parts thereof in conflict insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure; dispensing with the requirement of reading the same on two separate days by a vote of not less than 4/5 of the members of the Commission. **This ordinance reflects the change in the composition of the Board of Trustees of the Retirement Plan. The Board of Trustees will. now be limited to and comprised of all members of the Retirement Board. CITY COMMI S S I ON ME ET I NG JANUARY 23, 1.975 PAGE 18 NEW BUSINESS - RESnLUTIoNs/ORDINANCES 246 * Resolution accepting the completed work performed by AD-A-LITE ELECTRIC; INC. at a total cost of 44.907 and authorizing n final payment of S6,723.27 for the construction of KENNEDY PARK = COMFORT STATION - 1974. -.': 25. 26. Ad-A-Lite Electric, Inc. has completed the const'-uction of a comfort station and a storage facility. con isting of approximately 700 sq. ft. at Kennedy Park. lrc.ted on South Bayshore Drive opposite from Kirk Street. The construction was completed for $44,907, which was within the contract amount, and it was completed on time. It is now in order for the Commission to accept the com- pleted work and authorize final payment, after all con- ditions are met. City Manager recommends. * Emergency ordinance amending Ordinance No. 8316 (the Appropriation Ordinance for the 1974-75 Budget) by appropriating S4,550.00 from the Marine Stadium Fund Balance for the purpose of paying Southern Boat Shows. Inc. for the purchase of two (2) floating docks to be used at the Marine Stadium; repealing all ordinances, Code sections or parts thereof in conflict; and pro- viding an effective date. ** The City Commission by the adoption of Resolution No. 74-1390 authorized the City Manager to make an emergency purchase of two floating docks for use at the Marine Stadium at a total cost of $4.550.00. It is now necessary to effect a transfer of funds to cover this purchase. City Manager r.econtntends. Resolution providing for the sale of 55,000,000 Police Headquarters and Crime Prevention Facilities Bonds. $5,,000,000 Sanitary Sewer Bonds, 53,000,000 Storm Sewer Improvement Bonds, and $3.000,000 Street and Highway Improvement Bonds of the City of Miami. Florida; setting forth the method of payment of interest; setting forth the form of notice for bids for said bonds; directing publication of notice of sale of said bonds; providing for the bids to be opened on February 27, 1975; setting forth the method of bidding; and setting forth the form of the bids, 7 2 • �`� 28. 7y CITY CoN1tISSION MCEETING JANUARY 23s 1975 PAGE l9 NEW BUSINESS RESOLUT IO JS/ORDINANCES Appointment of five members ane two alternate members to the Environmental !'reservation Review Board. Resolution appointing William Langer ns a member of the Committee to Assist Ix -Offenders. 29. ** Resolution waiving the rental fee for Bayfront Park Auditorium for the 13th Annual Bowling Tournament of the Americas on July 13, 1975 and July 15, 1975, subject to advance payment of an estimated amount for personnel, lights, insurance and other direct costs borne by the City. 30. Resolution authorizing the Director of Finance to write off uncollectible City of Miami personal property taxes from 1967 through 1971. 31. /5----9;e/ ** The Dade County Tax Collector has supplied a list of the current balances of uncollectible personal property taxes in the City of Miami for the following years and in the following amounts: 1967 $168,097.85 1968 166,523.90 1969 199, 202.17 1970 183, 296.44 1971 191,223.59 * Resolution authorizing the Director of Finance to pay to JOSEI'11 .1AN.1I.., without the admission of liability, the sum of $5,000.00 in full and complete settlement of his claim against the City of Miami for alleged personal injuries sustained by him, upon the execution of a release releasing the City of Miami from all claims and demands. *;': City Attorney recommends. CITY COPM`•fISSION MEETING ..JANUARY 23, 1975 PAGE 20 AWARD OF BIDS 32. ** Resolution accepting the bid of PITMAN PHolO , INC. received December 30, 1974 for fa rnishing PHOTOGRAPHIC FILM, PAPER, CHEMICALS, BATTERIES, ETC. for the period February 1, 1975 through January_ 31, 1976, as required, at an approximate annual cost of $12,000.00. ** These photographic supplies are used by all dep,-tments throughout the City and are included in their regular 1974-75 fiscal year budget. Invitations were mailed to 16 potential suppliers and two bids were received. The bid of Pitman Photo, Inc. was the LOWEST BID RECEIVED. City Manager recommends. 33. * Resolution awarding $225,000 ORANGE HOWL WAREHOUSE REVENUE BONDS, SERIES 1974, of the City of Miami, Florida; containing a covenant prohibiting excessive arbitrage; authorizing various officers of the City_ of Miami to execute an Arbitrage Certificate. City Manager recommends. 34, * Resolution accepting the hid of THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES received on September 20, 1974 providing GROUP INSURANCE COVERAGE for City emplcyees for a period of one year, commencing February 1, 1975 and renewable annually; authorizing and directing the City Manager of the City of Miami to enter into agreement with TIIE EQUITABLE LIFE ASSURANCE SOCIETY OF 'rIII: UNITED STATES. City Manager recommends. 35. CITY ATT(aRNEY REPORTS 36. CITY MANAGER REPORTS 37. RESOLUTIONS CONFIRMING PRIOR ACTION OF TILE CITY COMMISSION TAKEN BY MOTION AT THE MEETING Of JANUARY 9, 1975.