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Home My WebLink AboutCC 1994-04-28 Minutesm INDEX MINUTES OF REGULAR MEETING April 28, 1994 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. (A) PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 2-3 SPECIAL ITEMS. 4/28/94 (B) BRIEF CO MENTS ON RAY FAUNTROY REQUEST TO BE HEARD. 2. PERSONAL APPEARANCE: RAY FAUN TOY TO DISCUSSION 3-7 EXPRESS OUTRAGE AT NUMBER OF CELLULAR 4/28/94 ANT]MW IN THE BLACK COMMUNITY (7TH AVENUE) -- REFER TO CITY MANAGER. 3. FIRST READING ORDINANCE: ESTABLISH NEW ORDINANCE 7-8 SPECIAL REVENUE FUND: EMERGENCY FIRST READING SHELTER GRANT (FY'94) -- APPROPRIATE 4/28/94 $368,000 FROM U.S. DEPARTMM OF HOUSING AND URBAN DEVELOPMENT (HUD) 1994 EMER13UNCY SHELTER GRANT. 4. (A) ACCEPT 1994 EMERGENCY SHELTER GRANT R 94-290 8-15 FROM U.S. DEPART ENT OF HOUSING AND M 94-291 URBAN DEVELOPMENT (HUD) ($368,000) -- 4/28/94 EXEC.''(T1'E NECESSARY IMPLF'M'N'►'ING CONTRACT / AGREEMEN7.'S . (B) ALLOCATE 1994 McJU NC.'Y SHELTER HUD GRANT MONIES TO: (a) LIVIA GARCIA, HOMELESS COORDINATOR FOR THE CITY ($100,000), (b) BECKHAM HALL, AMID (c) CHRISTIAN COMMUNITY SERVICES. 5. FIRST READING ORDINANCE: AMID SECTION ORDINANCE 15-16 2-48 TO THE CODE, PROVIDING THAT THE FIRST READING CITY CLERK SHALL BE RESPONSIBLE FOR 4/28/94 ADMINISTERING THE CITY'S ARCHIVES AND RECORDS MANAGEMENT PROGRAM. 6. RATIFY CITY MANAGER'S ESTABLISHMENT OF R 94-292 16-17 SPECIAL CHARGES / TERMS / CONDITIONS 4/28/94 FOR USE OF PORTION OF ORANGE BOWL STADIUM BY INTERAMERICA F.C., INC. -- FOR PRESENTATION OF TWO INTERNATIONAL SOCCER GAMES (MAY 3 & 5, 1994) -- EXECUT'E AGREEMENT. PIS 7. DISCUSSION CONCERNING TOWING DISCUSSION COMPANIES -- DISCUSS POSSIBLE 4/28/94 MONITORING OF TOWING AND DUUM TATION TO BE ASSIGNED TO GSA OR DOSP IN PLACE OF POLICE DEPAR MU -- COMPLAINTS CONCERNING FEES CHARGED BY TMING COMPANIES AMID METHODS FOR PAYMENT PRESENTLY IN EFFECT. 8. RESCH,9)tLF MAY 5TH COMMISSION MEETING R 94-293 TO COMMENCE ENC,E AT 8:00 A.M. 4/28/94 9. DISCUSS POSSIBLE RESCHEDULING OF DISCUSSION MAY 26TH COMMISSION MEETING. (See 4/28/94 label 24) 10. SECOND READING ORDINANCE: AMEND 10544 ORDINANCE (MCNP) FUTURE LAND USE MAP -- CHANGE 11140 LAND USE DESIGNATION AT 401, 411 & 455 4/28/94 S.W. 27 AVENUE FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO OFFICE. (Applicant: Planning, Building & Zoning Department.) 11. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS -- CHANGE DESIGNATION AT 401, 411 11141 & 455 S.W. 27 AVENUE FROM R-4 4/28/94 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO 0 OFFICE. (Applicant: Planning, Building & Zoning Department.) 12. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS -- CHANGE ZONING C0LASSIFICATION 11142 AT (1)(a) 225, 295, 311, 335 & 345 S.W. 4/28/94 27 AVENUE, AND (b) 2660 S.W. 3 STREET FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO 0 OFFICE; (2) 501 S.W. 27 AVENUE FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; AND (3) 2542 S.W. 6 STREET FROM C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMETTi' AND INSTITUTIONAL. (Applicant: Planning, Building & Zoning Department.) 13. FIRST READING ORDINANCE: A4M 10544 ORDINANCE (MCNP) FUTURE LAND USE MAP -- CHANGE FIRST READING LAND USE DESIGNATION AT 2517-21 S.W. 7 4/28/94 STREET.' FROM SINGLE FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES. (Applicant: Planning, Building & Zoning Department.) 17-30 30-31 31-32 33-35 35-36 37-38 38-39 14. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE ZONING CLASSIFICATION AT 2517-21 S.W. 7 STREET FROM C-1 RESTRICTED C RCIAL TO G/I GOVERNMENT AND INSTITL]TIONAL. (Applicant: Planning, Building & Zoning Department.) 15. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION CONCERNING APPEAL OF ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT REDUCTION OF REQUIRED LANDSCAPED AREA IN FRONT YARD AT 3045 LUCAYA STREET. (Applicant/Appellant: Pascuale and Renzo Renzi for Royal Estates, Inc.) (See label 17) 16. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT TO ADD / CLARIFY LANGUAGE / CONDITIONS PERTAINING TO: COMMUNITY BASED RESIDENTIAL FACILITIES, FAMILY CARE HOMES, HALFWAY HOUSES, SINGLE ROOM OCCUPANCY USES, AND THREE-QUARTER WAY HOUSES. (Applicant: Planning, Building & Zoning Department.) (See label 23) 17. (Continued) DENY APPEAL -- AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO PERMIT REDUCTION OF REQUIRED LANDSCAPED AREA IN FRONT YARD AT 3045 LUCAYA STREET. (Applicant/Appellant: Pascuale and Renzo Renzi for Royal Estates, Inc.) (See label 15) 18. CONTINUE CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL SPECIAL EXCEPTION GRANTED BY ZONING BOARD AT 3156-58-60-62-64- 66-68-70-72-74 VIRGINIA STREET, TO ALLOW ADDITIONAL DWELLING UNIT IN R-2 TWO FAMILY RESIDENTIAL ZONE, TO MAY 23RD COMMISSION MEETING. (Applicant: N. & P. Edrisi, T. Barrett, S. De Lemos & I. Buholzer. Appellant: Joyce Nelson for Coconut Grove Civic Club & James McMaster.) ORDINANCE FIRST READING 4/28/94 DISCUSSION 4/28/94 DISCUSSION 4/28/94 R 94-294 4/28/94 DISCUSSION 4/28/94 39-40 40-41 42 42-47 47-48 k1 19 . 20. 21. 22. APPROVE, IN CONCEPT, STUDY: THE FLORIDA AVENUE PROJECT (AUGUST 1993), PREPARED BY DOVER, KOHL AND PARTNERS -- FOR PROPERTIES ABUTTING FLORIDA AVENUE FROM MATILDA STREET TO MCDONALD STREET IN COCONUT GROVE (EXCLUDING KIRK MUNROE PARK). (Applicant: Planning, Building & Zoning Department.) SECOND READING ORDINANCE: AMEND 11000 TEXT, ARTICLES 4 & 25 -- TO PROVIDE DEFINITIONS FOR: E14WYHW OFFICE, LABOR POOL, AMID HIRING HALLS -- TO PERMIT LABOR POOLS OR HIRING HALLS IN C-1 RESTRICTED COMMERCIAL DISTRICTS BY SPECIAL EXCEPTION ONLY, AMID TO PERMIT EWMYMENI' OFFICES AS A PERMITTED PRINCIPAL USE IN C-1. (Applicant: Planning, Building & Zoning Department.) (A) SECOND READING ORDINANCE: AMEND CODE SECTIONS 54-8 AND 54-9, THEREBY PROHIBITING DISPLAY OF GARAGE SALE OR SIMILAR SIGNS ON TREES OR OTHER DISPLAY ON PUBLIC RIGHTS -OF -WAY. (Applicant: Planning, Building & Zoning Department.) (B) INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION TO MEM THE CODE TO FINE VIOLATORS $250 (INSTEAD OF $25) WHO ILLEGALLY POST SIGNS IN PUBLIC RIGHTS - OF -WAY. (C) DISCUSSION CONCERNING ENFORCDou OF LIMIT ON GARAGE SALES (TWO PER YEAR). DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT TO REDUCE NUMBER OF OFFSTREET TRUCK LOADING BERTHS REQUIRED IN R-3 MEDIUM -DENSITY MULTIPLE FAMILY DISTRICT TO MAY 23RD COMMISSION MEETING. (Applicant: Planning, Building & Zoning Department.) R 94-295 4/28/94 ORDINANCE 11143 4/28/94 ORDINANCE 11144 M 94-296 4/28/94 DISCUSSION 4/28/94 48-59 59-60 61-68 68-70 r41 23. (Continued) DISCUSS AND CONTINUE M 94-297 CONSIDERATION OF PROPOSED FIRST READING 4/28/94 ORDINANCE TO AMEND 11000 TEXT TO ADD / CLARIFY LANGUAGE / CONDITIONS PERTAINING TO: COMMUNITY BASED RESIDENTIAL FACILITIES, FAMILY CARE HOMES, HALFWAY HOUSES, SINGLE ROCS! OCCUPANCY USES, AND THREE-QUARTER WAY HOUSES -- SHEILA ANDERSON TO PROVIDE COrM2ISSION WITH HER OBJECTIONS PRIOR TO ITEM BEING CONSIDERED ON FIRST READING. (Applicant: Planning, Building & Zoning Departrrent.) (See label 16) 24. (Continued) RESCHEDULE SECOND REGULAR R 94-298 CITY COMMISSION MEETING IN MAY TO TAKE 4/28/94 PLACE MAY 23, 1994, CUMMING AT 3:00 P.M. (See label 9) 25. RESCHEDULE SECOND REGULAR CITY R 94-299 COMMISSION MEETING IN JULY TO TAKE 4/28/94 PLACE JULY 21, 1994, C 41ENCING AT 9:00 A.M. 26. DIRECT ADMINISTRATION TO DRAFT LETTER M 94-300 TO DADE COUNTY SCHOOL BOARD, SUBJECT TO 4/28/94 APPROVAL BY CITY ATTORNEY, STATING THAT THE CITY COMMISSION MUST BE CONSULTED PRIOR TO ANY ACTIONS BEING TAKEN BY THE BOARD IN CONNECTION WITH POSSIBLE DISPLACEMENT OF CERTAIN RESIDENTS OF THE CORAL GATE CC,IMUNITY FOR PROPOSED ESTABLISHMENT OF NEW SCHOOL IN SAID AREA. 27. DIRECT ADMINISTRATION TO FORWARD TO M 94-301 EACH MEMBER OF CITY COMM4ISSION PROPOSED 4/28/94 FY'95 BUDGET NO LATER THAN JULY 4, 1994. 71-72 73-75 75-77 :e MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of April, 1994, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 3:01 p.m. by Vice Mayor Miller J. Dawkins with the following members of the Commission found to be present: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins ALSO PRESENT: ABSENT: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Mayor Stephen P. Clark Commissioner Victor De Yurre An invocation was delivered by Vice Mayor Dawkins and Commissioner J.L. Plummer then led those present in a pledge of allegiance to the flag. NOTE FOR THE RECORD: At this point, agenda items 1, 4, 5, 8, 9, 0-31, -13 an -14 were withdrawn. Vice Mayor Dawkins: Ladies and gentleman, due to death in the family, the Mayor will not be here. If there are any people here now who are desirous of having their issue heard by a five - member Commission, say so, and we will defer it until the next meeting. If during the meeting someone comes in and feels that they would like to have their issue heard by a five -member Commission, we will defer it until the next meeting. The following items have been withdrawn, that is item 1, 4, 5, 8, 13, 21 and 25, 10, 12, 14 and 20, 22 to 24, 26 to 31, and Planning and Zoning items 13 and 14. Mr. Cesar Odio (City Manager): Mr. Mayor, also item number 9 on the regular agenda. Commissioner Plummer: Eight and nine. Vice Mayor Dawkins: Item number nine on the regular agenda has been withdrawn. 1 April-28, 1994 Mr. Odio: Yes, sir. Vice Mayor Dawkins: Hold on one minute, Mr. Manager. Commissioner Plummer: Eight and nine because it was deceiving. You have it as consent, it's not... Mr.Odio: No. Vice Mayor Dawkins: OK. Nine has been withdrawn. Are there any other deletions? (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Vice Mayor Dawkins: Any additions to the agenda? Hearing none... Commissioner Plummer: I think it would be appropriate, Mr. Vice Mayor, that the memo of the Mayor... he did in fact request that no pocket items come up so that he would have the opportunity to be available for them. So, I don't think... I will not bring up any pocket motions today. Vice Mayor Dawkins: OK. Commissioner Gort: Mr. Vice Mayor, let me ask you a question. My understanding is that there is a group of individuals outside that were requesting last time to get in as pocket item. I don't know if you all heard about it. I heard it for the first time today in the radio myself, I don't know if you would like to hear that at the end of the meeting. Vice Mayor Dawkins: OK. I would hope that those individuals would come before a full Commission. The Mayor asked that he would like to be present on any pocket items. So out of respect to the Mayor, I would hope that... Commissioner Plummer: I think we should definitely do that. Commissioner Gort: OK. I agree with you. Vice Mayor Dawkins: I agree. ------------------------------------------------------------------------------------------------------------------- 1. (A) PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (B) BRIEF COMMENTS ON RAY FAUNTROY REQUEST TO BE HEARD. ------------------------------------------------------------------------------------------------------------------- 1. Presentation: St. John Medical Center Health Clinic -- for its contribution of wellbeing to our citizens -- April 16, 1994 declared "St. John Medical Center Health Clinic Day." 2. Proclamation: Dia de Luis Mario -- as editor of Diario Las Americas, for having been selected as Cuba's National Poet in Exile, as well as numerous contributions to literature and arts. 2 April 28, 1994 W 3. Commendations: Sgt. John Griffin and Officers Rafael Masferrer, Eladio Paez and Julio Morejon -- Most Outstanding Officers for the Month of January 1994. 4. Commendations: Officers Robin Wims and Torrance Gary -- Most Outstanding Officers for the Month of February 1994. Vice Mayor Dawkins: While he is reloading the camera, the Mayor asked that we hear no pocket items because he isn't here. And you also would be at a disadvantage; you do not have a full Commission. But out of courtesy to the citizens who took time to come down here, we will hear one spokesperson state the objectives, and we will schedule this for a public hearing at the next Commission meeting so that you will have a full Commission to hear your complaint. Next Thursday. Who is going to speak while we are waiting for the camera? Commissioner Plummer: Mr. Vice Mayor, may I ask a question? Vice Mayor Dawkins: Yes, sir. Commissioner Plummer: Is the Administration aware of the problem that they are here to voice about? Mr. Cesar Odio (City Manager): Ray Fauntroy and I have talked about it. Commissioner Plummer: OK. As long as you are aware of that. Mr. Odio: I am aware. Vice Mayor Dawkins: See, Mr. Plummer, being aware is nothing because we have been made aware, and it's still going on. OK. Commissioner Plummer: All right. Vice Mayor Dawkins: Like last Thursday, I mean, last meeting when I complained about putting 160 units of housing near $56 million plan, nobody knows about it. OK. Mr. Fauntroy, would you give us time to present this since she's got the camera. Stay right there, sir. 5. Commendation: Ms. Rolande L. Dorancy -- for her dedication / commitment toward well-being of the needy, especially the Haitian community. ------------------------------------------------------------------------------------------------------------------- 2. PERSONAL APPEARANCE: RAY FAUNTROY TO EXPRESS OUTRAGE AT NUMBER OF CELLULAR ANTENNAS IN THE BLACK COMMUNITY (7TH AVENUE) -- REFER TO CITY MANAGER. Mr. Ray Fauntroy: Good afternoon. We are here as concerned citizens on the behalf of an unsuspecting community concerned about the cellular antennas being placed on N.W. 7th Avenue and 56th Street. We are outraged that... Vice Mayor Dawkins: Madam Clerk. Pardon me. Did you get his name and address? I know who he is, but for the record. Mr. Fauntroy: Ray Fauntroy. 3 April 28, 1994 Vice Mayor Dawkins: The address, Mr. Fauntroy. Mr. Fauntroy: 5660 N.W. 7th Avenue. Vice Mayor Dawkins: Thank you. Mr. Fauntroy: We are outraged that the cellular antenna being placed in our community without notice or permission of the community. We are concerned that there is some questions unanswered about these cellular antennas. One, if there haven't been any studies about the effect on the population of these antennas and what those results were. We are being told that they create a magnetic field which gives cancer and leukemia to the people who live and work around them. We feel that if such a construction is placed in the community, that at least the community ought to have some say in whether it goes in there or not. We went to the Florida Commission on the Environment on Saturday, and one of the questions we asked was, "Why not place these antennas out on the bay so that they would not be around the population?" And we were told that they were not placed in the bay because of potential danger, the harm that it would reek upon the fish. We are outraged that this antenna is in the process of being constructed in the heart of Liberty City. And we have property owners, citizens of that community who are here with us today to get some answers. We do not want the antenna on 7th Avenue. Vice Mayor Dawkins: OK. Mr. Fauntroy, what would be a good meeting place where these City Commissioners could demand that the Administration meet with the citizens and tell the citizens what I'm concerned... What I need to know is, how did it start? Who gave permission for it to start. Who gave the zoning regulations, or how it got done? I'm a Commissioner, and I don't know. So if you, the citizens... I know you don't know. But somewhere along the line, somebody has to tell us how this got started, how it got to this point where it looks like it can't be turned around. It didn't just... nobody just didn't go out there, Mr. Fauntroy, with a truck and start to do this. They had to get permits, and what have you, so what we need is for the Administration or somebody to meet with the citizens and ask these questions. And then when you come back here Thursday, you will have some answers. And then this Commission can make some decisions, and you can tell us whether you agree with them or not. It does not make sense - to me, now, I don't know about the rest of the Commission - for us to sit up here and wait until next Thursday, and then tell the Administration, "Go out and find out what is wrong, and how this happened." I think that next Thursday, all the questions that you have in the back of your mind, that should have been answered, or they should tell you why they shouldn't answer them, and then you can tell your Commissioner what you want to do. Now, maybe... if you disagree, say so. I have no problem. Mr. Fauntroy: Well, I can tell you, on our research, we've been working on this for over two months. Vice Mayor Dawkins: I know. Mr. Fauntroy: Yes. And we can tell you how it came about from our perspective. But... Vice Mayor Dawkins: But you did not give them permission. Mr. Fauntroy: Yes, that's what I'm saying to you. What our concern... we'll do exactly as you've asked us to do. But our concern is that there be no antenna on 7th Avenue, bottom line. And, you know, whatever is necessary for us to achieve that. This community wants... Commissioner Gort: Mr. Vice Mayor. 4 April 28, 1994 i Mr. Fauntroy: ...it stopped. If that means hearings, or whatever we have to do, we'd like to go by the book. We'd like to do it legally, and stop this antenna. Vice Mayor Dawkins: Mr. Fauntroy, you have every reason in the world to stop this antenna. OK. We are the only ones who can't stop nothing in our community. OK. You have a building over here, I mean a spot of land, where they wanted to put some houses on, the community doesn't want... the same units they want to put over there by Northwestern High School. This Commission is considering paying five times what the land is worth to keep from putting those houses in that community. But when it comes to us, I mean, come to that neighborhood, anything goes. So all I'm saying to you is, you know, get you some ammunition and come down here so that I can't tell you go to the Administration because I don't know what we are doing. OK. I mean, I know you've researched it. I know you've asked for it because you've been... for three months you've been telling me about this. Mr. Fauntroy: Yes, sir. Vice Mayor Dawkins: And I've been telling you, "Hey, man, I don't know the answers." So let's let the... Now, maybe some other Commissioner... Commissioner Gort: Mr. Vice Mayor. Vice Mayor Dawkins: Yes, go ahead, Mr. Gort. Commissioner Gort: My understanding is that this was given the permit that might in compliance with the ordinance, and if this antenna has as much harm as it does, somehow we need to change the ordinance so that this will not allowed, not only in your neighborhood, but in any of the neighborhoods. What I would like to see back from the staff for the next meeting is, one, how did they go around getting the permit? If it's within the City ordinance, then we have to set the code and the zoning code we have to change it to comply with. Two, I'd like to get the report back on the harmful... on the harms that this type of antenna, or construction, can do within a residential area so that I can take an intelligent decision. And then if we need to change the ordinance, they should come back also with the change of ordinance to do so. If it's proven to be that dangerous. Commissioner Plummer: OK. Mr. Fauntroy: We have information... Commissioner Gort: No. Let me tell you. The reason I'm asking all of this is because if anything happens in here, and they go according to the ordinance, they can always go to court and all that. So we have to document it, and make sure that we have the right reasons to do the things. Vice Mayor Dawkins: J.L. Commissioner Plummer: The only comments that I have is, you know, I understand their plight. I also understand the ordinance. I am concerned about the fact of the illnesses that could be occurring. And I've got to tell you something, not only your particular area, but every area if there is a basis for this kind of a problem... Commissioner Gort: We should have it. Commissioner Plummer: ...I think we need to know it because we need to get on it and do something about it. Because it's ridiculous if in fact... I know what it is. It's the old 900... 800 5 April 28, 1994 megacycle that they are talking about which is the old micro ovens, and the data processors, and all of that. I've never heard of it being from an antenna, but if it is, we need to know it. Vice Mayor Dawkins: OK. Commissioner Plummer: And I would ask the Administration that when you look into that you can get a lot of that information through the Communications Department. Vice Mayor Dawkins: OK. Well, I will let you know - for one vote up here - I wouldn't care about the ordinance, I don't care about nothing other than in every other community what is not wanted, we find out how not to do it. It's only in one community you've got to go by the rules and regulations, and what have you. So whatever is what? Whether the ordinance permits it, whether the ordinance does not permit it, these few residents that you see out here live in the City of Miami. And it's those that don't live in the City of Miami, that don't pay no taxes in the City of Miami, who we've been listening to. So my advice... I mean, where we are, Commissioner, they are putting an antenna on 7th Avenue in the residential neighborhood. First, the neighbors don't want it, so they think it's harmful, so I suggested that they meet with the Administration, and get the answers that they need as to the how it occurred, why it occurred, why we permitted it. And then at the next meeting let the Administration explain to us the conditions of it, and let them explain it, and then we'll act on it because we do not have a full Commission. That's where we are on, Commissioner De Yurre. NOTE FOR THE RECORD: Commissioner De Yurre entered the meeting at 3:24 p.m. Mr. Fauntioy: OK. I have a letter that I'd like to give to the Commission. Should I just give it to them? Vice Mayor Dawkins: No. You want to put it in the records. Mr. Fauntroy: Yes. Vice Mayor Dawkins: OK. Commissioner Plummer: Thank you. Vice Mayor Dawkins: All right. Thank you for coming. Go ahead. Come into the mike, sir. You... Byron Moore: Excuse me, I was of the opinion... Vice Mayor Dawkins: Pull the mike up, sir, please. Give your name and address, sir, please. Mr. Moore: Yes. I'm Byron Moore, and my address is similar to Fauntroy's. I was of the distinct opinion that you suggested that a date be set when the appropriate parties meet with the community to have some sort of decisions by next Wednesday. Are we going to miss this salient point? Vice Mayor Dawkins: No, I said to meet with the community because next Thursday we meet again, OK. 6 April 28, 1994 0 Mr. Moore: Yes. Well, isn't a meeting... I thought that you suggested, sir, that the meeting should take place before next Thursday. Vice Mayor Dawkins: Yes, sir. Yes, sir, before next Thursday. Mr. Moore: Aren't some decisions going to be taken as to when the meeting will... Vice Mayor Dawkins: Oh, yes, sir. Mr. Fauntroy and a group will get with the Manager, and tell the Manager where you want him to come and when. Mr. Moore: I beg your pardon. Thank you. You are so kind. Vice Mayor Dawkins: That's all right, sir. No, sir, if we do not get an understanding, we can get nothing done. Mr. Moore: Beautiful. Thank you, sir. Vice Mayor Dawkins: All right, sir. All right. Mr. Manager, would you have someone meet with him and set up a date, please, sir. OK. And, Mr. De Yurre, the Mayor asked that since he wasn't here that we take up no pocket items. This was a citizen item. OK. All right. ------------------------------------------------------------------------------------------------------------------- 3. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EMERGENCY SHELTER GRANT (FY'94) -- APPROPRIATE $368,000 FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 1994 EMERGENCY SHELTER GRANT. Vice Mayor Dawkins: All right, we are now... Commissioner Plummer: I move item 2. Commissioner Gort: Second. Vice Mayor Dawkins: Read the ordinance, Mr. City Attorney, please. Call the roll, Madam Clerk. AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EMERGENCY SHELTER GRANT (FY'94)", AND APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE AMOUNT OF $368,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) 1994 EMERGENCY SHELTER GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 7 April 28, 1994 W Was introduced by Commissioner Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------------------------------------------- 4. (A) ACCEPT 1994 EMERGENCY SHELTER GRANT FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ($368,000) -- EXECUTE NECESSARY IMPLEMENTING CONTRACT / AGREEMENTS. (B) ALLOCATE 1994 EMERGENCY SHELTER HUD GRANT MONIES TO: (a) LIVIA GARCIA, HOMELESS COORDINATOR FOR THE CITY ($100,000), (b) BECKHAM HALL, AND (c) CHRISTIAN COMMUNITY SERVICES. Commissioner Plummer: I'll move item 3 with discussion. Vice Mayor Dawkins: Is there a second? Commissioner Gort: Second. Commissioner Plummer: Mr. Manager. Vice Mayor Dawkins: Seconded. Under discussion. Mr. Plummer. Commissioner Plummer: Mr. Manager, where is this money going to go? Mr. Cesar Odio (City Manager): Most of the money will go to Beckham Hall to continue the operation that we have... Commissioner Plummer: I thought they were supposed to be raising their own money? Mr. Odio: What? That's after the... Commissioner Plummer: We are talking about Better Way? Mr. Odio: When the County passed the Homeless Tax... Commissioner Plummer: Is this Better Way? Mr. Odio: ...the City... No, no. 8 April 28, 1994 Commissioner Plummer: Then who is it? Mr. Odio: This is Beckham Hall. This is the operation the City and County has together... Commissioner Plummer: OK. Mr. Odio: ...jointly. We have agreed with the Homeless Trust and with the County, and everybody else that we would maintain the level of services we had prior to the tax being passed. Commissioner Plummer: OK. My problem is this - and, you know, I will be coming, most likely, off of DDA (Downtown Development Authority) - but Livia Garcia, and all of the expenses incurred, I think that this money, some of it, should go... Mr. Odio: We have some of these moneys going to Livia Garcia. Commissioner Plummer: Well, but if... Mr. Manager, I would beg of you, sir, that whatever the expenses are of Livia Garcia's operation, for a better term, that it come out of this money which is for the homeless - OK - and I think that's where it should come from. Mr. Odio: I happen to agree with you. Commissioner Plummer: OK. Then under that circumstances, I have no further questions. Vice Mayor Dawkins: Any other discussion? (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) Vice Mayor Dawkins: Mr. Manager, fellows, would you put it on the record, please. Mr. Odio: No, what I'm explaining to them that we have Beckham Hall, and then we have enough money left over to cover Livia Garcia, too. So we can do both. Vice Mayor Dawkins: But I think that I hear you, but you are not hearing Commissioner Plummer. Commissioner Plummer: That's right. I'm saying the other way around. Vice Mayor Dawkins: Commissioner Plummer said you pay her, and what's left over you give to Beckham Hall. Commissioner Plummer: That's correct. Mr. Odio: Fine. That's fine. Vice Mayor Dawkins: That's what he is saying. Mr. Odio: I'll do that. Vice Mayor Dawkins: OK. Is that the understanding, Commissioner Plummer? Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: Is that the understanding of the seconder? 9 April 28, 1994 Commissioner Gort: Yes. Vice Mayor Dawkins: Hearing no... Any further discussion? Call the roll, Madam Clerk, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-290 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE 1994 EMERGENCY SHELTER GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) IN THE AMOUNT OF $368,000, AND UPON APPROVAL OF SAID GRANT BY USHUD, TO EXECUTE THE NECESSARY IMPLEMENTING CONTRACT AND AGREEMENTS; ALLOCATING FUNDS NOT TO EXCEED SAID AMOUNT TO THE HEREIN NAMED AGENCIES IN THE FURTHERANCE OF THEIR PROJECTS OF PROVIDING SERVICES TO THE HOMELESS; AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES FOR SAID PURPOSE SUBJECT TO APPLICABLE CITY CODE PROVISIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark Ms. Maritza Aragon: Excuse me. Commissioners, may I please address you? Vice Mayor Dawkins: Ma'am? Mr. Odio: It's related to item 3, Commissioners. I believe they represent Christian Community Service. Ms. Aragon: Community Service Agency. Mr. Odio: They wanted $116,000 from the prior grant. And with the action we just took, they don't... we cannot fund them from here. We'll have to find another source somewhere. Vice Mayor Dawkins: Why can't you fund them from here? 10 April 28, 1994 M Mr. Odio: Because we don't have enough moneys to... they want $116,000, we are only talking about 368. Vice Mayor Dawkins: All right. How much... You see... Commissioner Plummer: Livia Gz ,-a,ia, the max is 501 believe. Vice Mayor Dawkins: What now? Commissioner Gort: Livia is not that much. Commissioner Plummer: Huh? Mr. Odio: Livia is about 100,000. Commissioner Plummer: Excuse me, Willy. It's not her, it's her and her operation. Commissioner Gort: Her operation. Right, her operation. Commissioner Plummer: OK. She's got the five people down there that are handling... Mr. Odio: Yes. Commissioner Plummer: ...the homeless in the downtown area. We are paying a cellular telephone of a couple of hundred dollars a month... Mr. Odio: No, we have the expenditures. Commissioner Plummer: And all of the expenses incurred. So I'm just saying that that's what these moneys are raised for. And you know, Mr. Manager, I got to tell you something. I never agreed, and I don't think anybody on this Commission agreed, that the level of services that this City maintains for the homeless has to be that way what they are going to be raising, $7 million dollars a year from... Mr. Odio: Yes, you did. Commissioner Plummer: ...that new tax. Mr. Odio: When that agreement came in front of you, and the plan came in front of you, I accepted that. Commissioner Plummer: Only for the year. Mr. Odio: No, no, no. Forever. Commissioner Plummer: Oh, yes. For the year. Mr. Odio: As long as the bed tax is passed for the homeless... Commissioner Plummer: No, sir. Then... Mr. Odio: ...we - all the municipalities - agreed to maintain the same level of.. Commissioner Plummer: That we need to change. 11 April 28, 1994 AW I 0�� Vice Mayor Dawkins: Mr. Plummer, why don't you defer this until the next meeting or sometime when we can have the Manager meet with us, and see what you can do about it. Commissioner Plummer: That will be fine, sir. Move to defer. Commissioner Gort: You need to rescind the vote. Vice Mayor Dawkins: No, we accepted the money. Now, we are moving to figure out how to spend it. Commissioner Plummer: I move to rescind and defer. Vice Mayor Dawkins: Yes, we accepted the money to the top. Commissioner Gort: That's accepted? Commissioner Plummer: That's number 2. We accepted the money. That was number 2. Vice Mayor Dawkins: So what are you going to do now, pass this? Commissioner Plummer: Well, the Manager... you asked that it be defered. So, you've got to rescind it. Vice Mayor Dawkins: No, no, no. I asked that if that's what you wanted. I don't care what you do with it. Commissioner Plummer: I... Listen... Mr. Odio: Could we... Commissioner Plummer: ...I would like to see the moneys go to the Livia Garcia's thing in DDA. I would like to see that these people are funded, and Beckham Hall. Split up the difference between the two of them. Can we do that? Mr. Odio: I cannot give them $116,000, and... Commissioner Plummer: No, I didn't say that. I said, split up the remaining balance. Mr. Odio: We can give them 60. Vice Mayor Dawkins: Call the roll, Madam Clerk. Mr. Odio: We can work that out. Commissioner Plummer: OK. That's fine. Vice Mayor Dawkins: Call the roll, Madam Clerk. I'm not going through this. Come on, we'd be here all night. Commissioner Gort: I'm sorry, what are we calling the roll on? Vice Mayor Dawkins: Give clarification for Commissioner Gort. 12 April 28, 1994 W Ms. Matty Hirai (City Clerk): I understand that the Commission has directed the Manager that, yes, they agreed to accept the moneys, but are going to withhold the disbursement of the funds as these issues that were put on the record. Vice Mayor Dawkins: No, no. The motion is to accept the money, and the Manager is to pay every bit of the money that he has to pay to Ms. Garcia. Is that her name, Commissioner Plummer? Commissioner Plummer: That's first. Vice Mayor Dawkins: And then what's left... Commissioner Plummer: Split it up. Vice Mayor Dawkins: ...be given to Beckham Hall. That is the motion. Commissioner Gort: Instead of... Commissioner Plummer: No, split it with these two, the remaining balance. Vice Mayor Dawkins: Go ahead. Is that the motion? Commissioner Plummer: Split it between this program and Beckham Hall. Ms. Aragon: Christian Community and Beckham. Vice Mayor Dawkins: Wait a minute. Oh, what's left split it between the two. Commissioner Plummer: That's correct, sir. Vice Mayor Dawkins: OK. Now, wait now. Is the motion understood by the Clerk? Ms. Hirai: Yes, sir. Vice. Mayor Dawkins: Is the motion understood by the Commission? Commissioner Gort: Yes. Commissioner Plummer: It is by me, sir. Commissioner Gort: That's on item 3. Ms. Hirai: Yes, sir. Vice Mayor Dawkins: OK. Commissioner Plummer: I've got to clarify, Mr. Vice Mayor, I'm sorry. I'm sorry. I cannot give them more than what they asked for. This would be given them $157,000. Mr. Odio: You will be giving them 60,000. Commissioner Plummer: Sixty thousand? A hundred, max. Give them 100, max. That would be... All right, let's break it down for you. Fifty to Garcia, 100 to this organization, and the remaining balance to Beckham Hall. 13 April 28, 1994 N Mr. Odio: Don't limit me to 50 on Livia. You said 50 on Livia Garcia? Commissioner Plummer: Whatever her program is what I said. Mr. Odio: No, well... OK. Commissioner Plummer: And, well... Excuse me, the balance then goes to Beckham Hall. But she gets 100. Commissioner Gort: OK. Commissioner Plummer: We made that commitment. Vice Mayor Dawkins: Motion understood? Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: Motion understood by the Clerk? Ms. Hirai: Yes, Mr. Vice Mayor. Vice Mayor Dawkins: Call the roll, Madam Clerk. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-291 A MOTION ALLOCATING REMAINING FUNDS FROM THE 1994 EMERGENCY SHELTER GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) TO THE FOLLOWING AGENCIES IN FURTHERANCE OF THEIR PROJECTS WHICH PROVIDE SERVICES TO THE HOMELESS: (1) $100,000 TO THE CITY OF MIAMI HOMELESS PROGRAM, UNDER LIVIA GARCIA (HOMELESS PROJECT OPERATOR); (2 $100,000 TO THE CHRISTIAN COMMUNITY SERVICES AGENCY; AND (3� THE BALANCE OF $168,000 TO BECKHAM HALL. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark Commissioner Plummer: Commissioner Dawkins, may I say that in this particular case of this organization, it is the only organization that I know that takes care for the entire family. It takes care of a man, his wife, and his children. None of the others do. And that's why I've always been very strong for this organization. 14 April 28, 1994 Vice Mayor Dawkins: You must put in the record, Commissioner Plummer, that this is a City of Miami project... Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: ...where the City of Miami put the money for the start-up, the building, and everything. It is our project, and... Commissioner Plummer: That's correct. Vice Mayor Dawkins: ...we should support it. Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: Go ahead, sir. Commissioner Gort: I want you to know I was a member of the Board of Directors at the time it was done for the CCS (Christian Community Service), so I'm very proud that it was done, and they've done a good job. Vice Mayor Dawkins: It is all our baby. OK? Ms. Aragon: Thank you very much. Vice Mayor Dawkins: Thank you. 5. FIRST READING ORDINANCE: ADD SECTION 2-48 TO THE CODE, PROVIDING THAT THE CITY CLERK SHALL BE RESPONSIBLE FOR ADMINISTERING THE CITY'S ARCHIVES AND RECORDS MANAGEMENT PROGRAM. Vice Mayor Dawkins: Item 6. Commissioner Plummer: I move item 6. Commissioner Gort: Move. Vice Mayor Dawkins: Seconded by Commissioner Gort. Read the ordinance, please. Call the roll, Madam Clerk. AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY ADDING SECTION 2-48 TO PROVIDE THAT THE CITY CLERK SHALL BE RESPONSIBLE FOR ADMINISTERING THE CITY'S ARCHIVES AND RECORDS MANAGEMENT PROGRAM, CONSISTENT WITH 257.36 FLORIDA STATUTES; PROVIDING FOR THE CUSTODIANSHIP OF PUBLIC RECORDS AND THE RESPONSIBILITIES OF CITY OFFICIALS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DUTIES OF THE CITY CLERK AND CITY DEPARTMENTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15 April 28, 1994 Was introduced by Commissioner Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------------------------------------------- 6. RATIFY CITY MANAGER'S ESTABLISHMENT OF SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF PORTION OF ORANGE BOWL STADIUM BY INTERAMERICA F.C., INC. -- FOR PRESENTATION OF TWO INTERNATIONAL SOCCER GAMES (MAY 3 & 5, 1994) -- EXECUTE AGREEMENT. Commissioner Plummer: Move item 7. Commissioner Gort: Second. Vice Mayor Dawkins: Any discussion? Commissioner Plummer: Yes. I want to congratulate Max Cruz for bringing back to the Orange Bowl the bacon, and I want to tell him to go out and get more bacon and bring it back, and the hell with JRS (Joe Robbie Stadium). Commissioner Gort: A lot more, yes. Vice Mayor Dawkins: OK. Mr. Cesar Odio (City Manager): That's the Eagles. Commissioner Plummer: No, this is soccer. Mr. Odio: If you need any tickets, let us know, but we have the Eagles coming. Commissioner Plummer: By the way, did you see how much the tickets for the Eagles are - and they're going to be a sellout - eighty -five -fifty. Mr. Odio: They sold sixty-five thousand tickets in three hours in the last concert. Commissioner Plummer: Eighty -five -fifty per ticket. Vice Mayor Dawkins: OK. Hold it. We can discuss that after the meeting. Let's let people get out of here. Call the roll, Madam Clerk. 16 April 28, 1994 Commissioner Plummer: How about the City bucks? Vice Mayor Dawkins: Call the roll on 7. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-292 A RESOLUTION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ESTABLISHMENT OF SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION OF THE ORANGE BOWL STADIUM BY INTERAMERICA F.C., INC. FOR THE PRESENTATION OF TWO INTERNATIONAL SOCCER GAMES ON MAY 3 AND 5, 1994; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INTERAMERICA F.C., INC., FOR SAID USE; SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark ------------------------------------------------------------------------------------------------------------------- 7. DISCUSSION CONCERNING TOWING COMPANIES -- DISCUSS POSSIBLE MONITORING OF TOWING AND IMPLEMENTATION TO BE ASSIGNED TO GSA OR DOSP IN PLACE OF POLICE DEPARTMENT -- COMPLAINTS CONCERNING FEES CHARGED BY TOWING COMPANIES AND METHODS FOR PAYMENT PRESENTLY IN EFFECT. ------------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Eight and nine were withdrawn. Commissioner Plummer: We're up to 32. Vice Mayor Dawkins: All the way to 32 now. commissioner Plummer: This is Commissioner De Yurre's request, on the towing. .ommissioner Gort: Item 32. 17 April 28, 1994 Vice Mayor Dawkins: Thirty-two, Mr.... Yes, sir. All the others were withdrawn. Commissioner Plummer: Are we going to move it out of the Police Department where it doesn't belong? Commissioner De Yurre: My concern about this is that... Commissioner Plummer: I don't think it should be in the Police Department. Commissioner De Yurre: ... I'm not too sure how good a job we're doing as far as supervising and overseeing this towing ordinance. Commissioner Plummer: That's what I've been trying to tell you for years. It ought to be in GSA (General Services Administration). Commissioner De Yurre: Because right now, from what I'm hearing, it just doesn't work. In fact, Alina from my office, she was towed the other day, and she went to pay with a credit card like the ordinance reads. They wouldn't accept her credit card. Commissioner Plummer: We made it in the provision that you could. Mr. Odio: That's what I was going to say. I was reading about this at lunch, that when we have a police towing, which is under our control, yeah, then they will accept that, but this was not. He's saying that it was not a police towing, it was a private towing. Commissioner De Yurre: The problem was, she was on the street. What kind of private towing is that? Mr. Odio: It was not us, the City, taking any action on the car. That's what I'm... Commissioner De Yurre: No, but still, a towing is a towing. If they have to work under our ordinance and under our rules to get a permit to operate, then they have to follow our guidelines, or they don't, they just don't operate in the City of Miami. Commissioner Plummer: That's an interesting question. I asked that of you before. Commissioner De Yurre: It's that simple. Lt. Joseph Longueira: Commissioner. Vice Mayor Dawkins: Go right ahead, Officer. Lt. Longueira: Sir, if we get a complaint, we will go investigate it. We go out to the towing agencies all the time. We tried to contact her and get the name of the towing company so we could go out there, and she wouldn't give it to us. Commissioner De Yurre: Well, let me ask you this. Do you know what people charge, these towing companies charge? Like $2 if the sun is out and they get a sunburn; a dollar fifty if they get three red lights on the way to the place where they have to deliver the car. I mean, like they got all these different charges that I don't think were ever written into the ordinance. Commissioner Plummer: Private companies can charge whatever they want without any qualifications. That's the problem. He's saying, if it's a police tow or one of the agencies that we have under contract, we regulate. 18 April 28, 1994 Lt. Longueira: As far as I know, Commissioners, the maximum that they can tow... You know, if you look... it's under 4279 in the City Code, and I have copies if you want it. Commissioner Plummer: Noncontractual? Lt. Longueira: Right. It talks about towing from private property, they have to be licensed, and it talks about maximum fees. And it says the maximum fee, you know, on certain vehicles, is $55, but that's the maximum. I understand they wanted $50 from her. Commissioner De Yurre: Yeah, because we got $5 back or something like that. Lt. Longueira: Right, but they could charge $20, if they want to. That's the maximum they can charge, is fifty. Commissioner De Yurre: Yes. And they're not charging anything... When was the last time that the department that oversees this operation went out there and reviewed bills, and statements, and things of that nature, to see how they were doing? Lt. Longueira: See, I thought this item was coming up later, and the officer that does all of this... Commissioner De Yurre: Well, it's not. Lt. Longueira: I can... Well, I can beep him and have him here in a few minutes. He does this detail. Commissioner Plummer: Defer it till the next meeting. Commissioner De Yurre: Whoa, hold it, hold it. Lt. Longueira: This was item 32. Commissioner De Yurre: Item 32, what time was it called for? Vice Mayor Dawkins: Any time before 4:30. Commissioner De Yurre: What time was item 32? Vice Mayor Dawkins: Any time before 4:30. Commissioner De Yurre: You guys are on notice. Commissioner Plummer: I'll tell you, Victor, I think the Police Department has enough to say grace over without being involved in worrying about a towing scenario, They need wreckers, use wreckersl I've tried for years around here to get the towing responsibility under GSA, I got to tell you. Commissioner De Yurre: Alina, come up here to the microphone. Explain your situation. Lt. Longueira: Commissioner, if you'd give me a few minutes, I'll get the officer here that does that function. He can... Commissioner De Yurre: He should have been here already, shouldn't he? 19 April 28, 1994 Lt. Longueira: Commissioner, I tried, since it was item 32, not to waste his time, because I thought there were 31 items in front of it. He's a police officer. I wanted him on the street, not sitting here. I was going to beep him in adequate time. I didn't realize you were going to take it sooner. Commissioner De Yurre: Well, there's no more items left. Go ahead, Alina. Explain your situation, as you hop along. Ms. Alina Salum: OK. Let's see the date. On the 15th of April... Vice Mayor Dawkins: Give us your name and address, please. Ms. Salum: My address. Vice Mayor Dawkins: Name and address. We know you, but... Ms. Salum: OK. Alina Salum, and it's 3075 Northwest 4th Terrace. A friend of mine, her car was towed away from Biscayne and 78th Street. Commissioner De Yurre: On the street? Ms. Salum: No. It was private property. Commissioner De Yurre: OK. Ms. Salum: OK. And there was no problem, she knew she was wrong, and her car was towed. When we got there, she didn't have any cash with her, but I knew you could get a credit card and pay with it. So when I went to pay... Commissioner Plummer: Wait, wait, wait. Did you say the car was stolen? Ms. Salum: No, no, no. It was just towed. Commissioner Plummer: I'm sorry. Ms. Salum: And I gave my credit card, and the gentleman there says, "We don't take credit cards. It's either cash, money order, or Traveler's checks," and he refused to take the credit card. Commissioner De Yurre: And is that a general policy? They don't take credit cards, period. Ms. Salum: No. There were about six persons there with the same problem. He would only take cash. So I explained to them, "I know the law. You're supposed to get credit card, and you're supposed to charge $55, not $50. It's fifty for you and five for the City." Commissioner Plummer: Well, let me ask this question of the City Attorney. I think I asked it once before. We have an ordinance stating if they do business in the City of Miami that they can only charge "X" number of dollars; is that correct? Now, does that apply to every wrecker service, whether they're contractual with the Police Department or not? A. Quinn Jones, III, Esq. (City Attorney): Well, my understanding is that it would apply across the board. The problem is, is that you have, you know, you created the towing zones, and you... i Commissioner Plummer: That's contractual. I said "noncontractual." 20 April 28, 1994 Mr. Jones: That's contractual. Now, those companies that don't fall within there, the argument can be made that it would be an infringement on commerce for them to have to comply with the provisions which you've been applying only to contractual parties. So I don't know whether that's ever been tested, but certainly, it might be... I'll look further into it, but it may be a legal problem. Commissioner Plummer: Let's go to court. Let me ask you another question. If a wrecker service who is not a contractual with the Police Department, whether he's in the City of his operation or outside of the City, if he comes into the City to do business, does he have to have an occupational license? Mr. Jones: That's a good question. Vice Mayor Dawkins: Yes. Commissioner Plummer: Well, let me tell you something. All - not all - most of the cars that are being stolen in my neighborhood are being stolen through the middle of the night by wreckers, from what we're told. Night before last, there was a wrecker sitting out in the middle of the street on Onaway Drive at 3:00 o'clock in the morning, with his lights out. Suddenly, a car disappeared. A car was stolen this morning out of Bay Heights on Shore Drive. A wrecker was seen within three minutes prior to the car being stolen. OK? Now, I think that we ought to go to court. Let's get this matter resolved. We've got these renegade wreckers out there, which are pickup trucks with a hook on the back. They're calling themselves "wreckers." They're nothing but thieves, some of them. And let me tell you something. If we're going to have an ordinance, you've got to have some way, some clout to enforce it. Commissioner De Yurre: Well, and do we want to do something about this? Are you talking about taking it away from the Police Department? Commissioner Plummer: I would like, only for the... My point, Victor, is the Police Department has got enough to do with the crime in this community without having to be worried about wreckers. They use them, and it doesn't make a difference whether they're controlling it or not. Turn it over to GSA, who has the ability to do the wrecker service and control it, and it still wouldn't make any difference to the Police Department, but don't tie up the Police Department with this kind of a thing. That's my opinion. Mr. Odio: It says here that "The purpose of this article is to provide a uniform system for the licensure and regulation of business enterprises which are engaged in or which intend to engage in the practice of recovering, towing removing and storing of motor vehicles which are parked on private property without the permission of the owner of the private property." So that was... Commissioner De Yurre: Which means? Vice Mayor Dawkins: Mr. Gort, and then Commissioner... Mr. Odio: So it is... Commissioner De Yurre: Then it applies. Mr. Odio: Yeah. Lt. Longueira: But, sir, the rate, she's saying that they're not charging a proper rate. That rate is the maximum. 21 April 28, 1994 Ms. Salum: No, that's the minimum. Ms. Matty Hirai (City Clerk): Lieutenant, we need your statement on the record, please. Ms. Salum: It is the minimum. You have the other one that is "B" that is sixty-five dollars; sixty for the company and five for the City. Commissioner De Yurre: Well, OK, hold it, hold it. Now, are we getting our five? Do we keep records, as far as getting our $5 on each tow? Do we get our $5 on each tow? How do we know that? Commissioner Plummer: Well, Victor, may I make a suggestion? Lt. Longueira: OK, Commissioner... Vice Mayor Dawkins: Hold it, hold it, you're out of order, you're out of order, you're out of order. Commissioner Gort. Commissioner Gort: Yield for the sake of learning. I'm learning of this. This is the first time I've been... And I have a lot of questions on this. Who regulates the industry? Is it a County regulation? Commissioner Plummer: We do. Commissioner Gort: Does the City get the chance to regulate also? Because, let me tell you, my personal experience has been very negative. The experience with people in downtown where they get their cars towed away or in any neighborhood. It's a very negative experience. First of all, you come out and you've lost your car. You think it's been stolen. Then you go over to these places, and they are treated like... Commissioner Plummer: ... animals. Commissioner Gort: ... like animals. I mean, the people there, they won't listen to you, they're not courteous at all, and I think somehow, something needs to be done with this industry. I don't know if we have the power to do so. Commissioner Plummer: That's what I've been trying to tell you. Commissioner Gort: So I'm open. I'm listening. Commissioner Plummer: Victor, may I make a suggestion. Vice Mayor Dawkins: Commissioner. Commissioner De Yurre: No, I yield to... Vice Mayor Dawkins: Commissioner Plummer. Commissioner Plummer: I would strongly suggest that the Administration write this company, whoever they are, write them a letter. Tell them they got ten days in which to refund the money. If not, let's go to court. Let's have a test case. Commissioner De Yurre: I don't think it's a matter of.. 22 April 28, 1994 Ms. Salum: Actually, I told him, "What you're doing is illegal." And he said he didn't care. even told them, "Well, write that I paid cash," and they said they wouldn't. Commissioner Plummer: Yeah, but when they get a letter from the City Manager telling them they got ten days to get right, and if they don't, we're going to court, and we also copy in all of the towing associations, OK? And let them know that every time this thing occurs in this manner, we're going to go to court, we're going to cost them a lot of money in legal fees. Mr. Odio: Commissioner, we have a towing review board. I'm trying to find out which item is it. Vice Mayor Dawkins: Well, while you're looking, Mr. Manager, let's hear from the lady at the mike, please. Ms. Mariela Gabela: OK. My name is Mariela Gabela, and I live at 1781 Northwest 21st Street. Good afternoon, Commissioners. OK. I have a request for a proposal. OK. I propose, as a taxpayer, a consumer, and a part of the community, and a citizen, that the towing companies should work under the Administration of each NET (Neighborhood Enhancement Team). OK? This way, the companies will respond to the NET and their staff. There will be more communication and help for the consumer. There will also be more information between the Police Department, the towing companies and the consumers. I ask of you, the Commissioners and Vice Mayor, to consider this proposal. This way, the abuse will be ended, or it will be less. Also, each company should compromise to pick up abandoned cars from the City of Miami streets. This way, the City of Miami is going to have more control, and it will be more helpful to the citizens, because as a citizen, I've been involved in the same case that that lady has been involved. They have taken my car... They have stolen my car, and they have taken it to the company, and to take it out, it cost me a lot of money. Then sometimes, they haven't taken my credit card. They're supposed to take the credit card, because I worked in the towing company before, and I know how the law is. I know how it is and I know how it's supposed to be. They usually... They towed my car one time from downtown and all the stuff that was inside the car, they were stolen. They opened the door in order to move the wheels, and when I got to the towing company to pick up my car, the stuff inside the car, they were stolen. So I know how this is, and I worked in a place like that, and I know how they work and what they do. Vice Mayor Dawkins: OK. I would suggest that you take your proposal to the Manager, and between the Manager and the Law Department, that your proposal is put into the proper form, and then they bring it back for action by this Commission. That would be my suggestion. I don't know if the rest of the Commission would feel that way. Mr. Odio: Mr. Vice Mayor, let me read this to you, because we may... Vice Mayor Dawkins: Wait, now, wait. Are we going to take heed to her proposal, or are you going to tell her, no, you don't want to hear it, or what? Commissioner De Yurre: Yeah, send it to the Administration for consideration. Mr. Odio: Well, maybe this will clarify. Maybe this will... Vice Mayor Dawkins: All right. Move to send it to the Administration for consideration. Mr. Odio: You don't need to do that. I'll do it. We'll meet with her. Vice Mayor Dawkins: All right. Take it to the Manager, ma'am. I can't have her coming here wasting her time. 23 April 28, 1994 Mr. Odio: Now, it says here, number one, in order for us to tow a car, we have to notify the Police Department, according to the State laws. There has to be a policeman involved somewhere. Commissioner Plummer: Well, wait, wait a minute. For what? No, that's not a true statement. Ms. Gabela: No, it's not. Commissioner Plummer: No. If a policeman tows a car, yes. Let me tell you something. Off - Street Parking Authority tows cars all day long, and they don't call the Police Department. Lt. Longueira: Sir, if the tow company... Commissioner Plummer: Am I right or am I wrong? Lt. Longueira: Sir... Commissioner Plummer: Am I right or am I wrong? Lt. Longueira: Somebody has to... Commissioner Plummer: Am I right or am I wrong? Lt. Longueira: Are you going to listen? I can say right or wrong all day. Commissioner Plummer: I'm asking for a simple yes or no. Lt. Longueira: Will you allow me to explain? Commissioner Plummer: A simple yes or no an... Lt. Longueira: If someone other than the owner asks them to tow the car... Commissioner Plummer: I can't get a yes or no answer. Lt. Longueira: ... they must call the Police Department, by State law. Mr. Odio: Yeah. Vice Mayor Dawkins: So therefore... Commissioner Plummer: Now that you have had your editorial, would you answer my question, yes or no? Am I right or am I wrong? Mr. Odio: You are partially right. Commissioner Plummer: Can you answer the question, since he can't? Mr. Odio: I'm going to answer. You are partially right, and you are partially wrong. Lt. Longueira: The tow company has to call the Police Department. Commissioner Plummer: When the Off -Street Parking Authority calls, they do not call the Police Department. 24 April 28, 1994 Lt. Longueira: The two company must call, then. If anyone other than the owner... Vice Mayor Dawkins: Before they hook up, or after they hook up? Come one now, come on. See, you all... OK. All right, no problem, no problem. Lt. Longueira: Within fifteen minutes, it's specified. Would you like to read it? Within fifteen minutes, they must call the Police Department. Commissioner Plummer: I'll tell you what, Mr. Vice Mayor, I will accept that, as wrong as I think that he is. But it still doesn't make... My point is simple. Take it out of the Police Department, and let policemen enforce the laws against crime, and not against parked cars! Vice Mayor Dawkins: Well, but stealing an automobile is still... Commissioner Plummer: Let them call the police station if that's what they've got to do. Vice Mayor Dawkins: Is stealing an automobile criminal or not? Commissioner Plummer: No, I didn't say stealing. Mr. Odio: I think it's clear... Vice Mayor Dawkins: Stealing an automobile is a crime. Commissioner Plummer: No, sir, I didn't say that. I said on towing, let the GSA administer, that's it. If they've got to call the police, let them call the police. Let the policemen be policemen. Mr. Odio: It says here, Commissioner, recover or towing, or removal or storage of a vehicle, unless a business enterprise, shall, within thirty minutes of the completion of the removal notify the municipal police department... Commissioner Plummer: Fine. Mr. Odio:... or in an unincorporated area, notify the sheriff. Commissioner Plummer: I'm not arguing. Mr. Odio: OK. Commissioner Plummer: I'm not arguing. Let them notify them. Mr. Odio: That's what he was trying to tell you. Now, we all... Commissioner Plummer: Why are we finding reasons not to let policemen do policework? Mr. Odio: Well, the other thing is, it says here... Commissioner Plummer: Somebody better start listening to the citizens around here. Mr. Odio: ... "On revocation of license or suspension, proceedings may be initiated on the basis of a recommendation from the towing review board... 25 April 28, 1994 Commissioner Plummer: Miller, the only answer you got is occupational licenses. They have to have an occupational license, They can't operate without it. Mr. Odio: ... "a body formed as a result of the City's cooperative effort with members of the towing industry engaged in removing vehicles from public property." You have this in place. So what we should do is turn that complaint over to the towing board and let them act on it. Vice Mayor Dawkins: Commissioner Gort. Commissioner Gort: Mr. Manager, let me tell you what I think we're saying here. And I worked for the Off -Street Parking before, and I was the chairman of the board, and our forces did a great job in taking in individuals... Commissioner Plummer: Exactly. Commissioner Gort: ... and what Mr. Plummer is saying, and he's saying it because he's listening to the citizens out there, we've got problems with crimes. Instead of having the police officers worrying about towing cars away and ticketing cars, let the Off -Street Parking do it, and you can still comply, because they can notify of the... Because I can understand that... Commissioner Plummer: That's even better. Commissioner Gort: ... when you tow a car, you have to notify them, because then somebody will call you in that they stole the car. So you have a report, "No, your car was not stolen, it was towed away." You can still find a way for them to communicate to the police that the car has been towed and where it's been towed. Commissioner Plummer: That's it, I agree. Commissioner Gort: But I think what we're saying is... And if we want to do it, we can find the ways, how to do it. Commissioner Plummer: How about that? Commissioner Gort: We can change the ordinance, we can change the law. But what we're saying is, what I think I hear my Commission saying, is let the police dedicate themselves to do the policework. Get somebody else to do the ticketing and the towing. Commissioner Plummer: And the administration. Commissioner Gort: And the administration of that. Commissioner Plummer: That's what I'm saying. Commissioner De Yurre: Commissioner. Commissioner Gort: We don't... Vice Mayor Dawkins: Yes, sir, Mr. De Yurre. Commissioner De Yurre: Let me say, my concern is that we implement the laws, and we've been at this for a number of years, and it's always been a headache of sorts. Commissioner Plummer: Believe me. 26 April 28, 1994 Commissioner De Yurre: We implement the laws, but then, where is the follow-up? Where is the follow-up to make sure that these laws are being adhered to? And the only way that I see that we get any kind of reaction of supervision is that we get a complaint. We need to have a policy in place wherein we audit them, just walk in there and say, "OK, let me see your invoices for the last six months," and start going through them, and analyzing them, and see if they're doing the job or not. Commissioner Plummer: Mr. Vice Mayor. Commissioner De Yurre: You know, we need to have something in place other than just receiving calls about getting a car towed. Commissioner Plummer: Mr. Vice Mayor, I would ask that this time that the City Attorney give us a legal opinion as to whether or not a towing company that comes into the City limits of the City of Miami has to abide by the ordinance which we have; and second of all, whether they have to have an occupational license to do business. You will recall - and I think that there is a legal basis, Mr. City Attorney, I'm not a lawyer - but I got the $376,000 from the Florida League of Cities. We got it by virtue of insurance companies coming into this City selling insurance policies, and they were required to take out an occupational license. I think the same should have to be. If you issue an occupational license for a company that comes in here and does business in the City, then I think you will have some control. You have the clout, because if you take away their license and they cannot do business in the City, bye-bye. So I would ask, Mr. Vice Mayor, that that be given to this Commission at the earliest convenience, no longer than thirty days. Vice Mayor Dawkins: As a motion for... r Commissioner Plummer: If you wish, yes, sir. Commissioner De Yurre: And I'll just add to it the fact that I want to see some program brought back to us at the next meeting of how we're going to really regulate these companies. Vice Mayor Dawkins: May I caution my two fellow Commissioners. We got one week. We meet again next Thursday. So therefore... Commissioner De Yurre: OK. Well, for the 26th, whatever. Vice Mayor Dawkins: OK. All right. OK, J.L.? ry Commissioner Plummer: That's fine with me, sir. Vice Mayor Dawkins: OK. Commissioner Plummer: I would also ask, just for the purpose of not having to defer it again, I like Willy's idea, and that is consideration be given that the Off -Street Parking Authority be the responsible administrative head of that towing situation. OK? Vice Mayor Dawkins: Well, I would like to add... Commissioner Plummer: I think it's worthwhile. Lt. Longueira: And those fees would go to the Off -Street Parking, not the City? 27 April 28, 1994 Commissioner Plummer: I didn't say that, sir. Commissioner Gort. No, he didn't say that. Commissioner Plummer: I didn't say that at all. You're second-guessing. Vice Mayor Dawkins: OK. What I'd like to add, and then we'll go to the next item, the Police Department, the Law Department, or somebody come back and tell me what we're going to do to identify the legitimate towing companies and the illegitimate, so that when you see a vehicle, like J.L. Plummer said, was parked illegally, you know that it's a scavenger, for the lack of a better word, and you arrest him and get him out of the community. Because they're not only in J.L. Plummer's neighborhood. They're in my neighborhood all the time, and I know they're just waiting to hook up to something and pull it out. But I don't know, legally, Joe, how to do it. OK? Any further discussion? Commissioner De Yurre: Yes. When is this current contract up? Commissioner Plummer: January, I believe. I think it's January. Well, Victor, I hope... Commissioner De Yurre: Of what year? Commissioner Plummer: I hope you're going to include that the Manager send this company a letter. Send this company a letter asking them, giving them ten days to make it right, and if they don't, then let's go to court. Commissioner De Yurre: No, I think that company, we need to send an audit team in there, and see what they're all about. Commissioner Plummer: Only if they're under contract to the City. If they're not, you can't. Lt. Longueira: Commissioner, they didn't exceed the fee. They were under the fee. OK? Commissioner De Yurre: They didn't? Lt. Longueira: Understand you're asking them to give back the money, $50, that they had the right to charge. They could have charged $55. Commissioner Plummer: No. My point, Joe, is that she's saying, as I understand it, she's admitted that her friend was wrong, but they would not take a credit card. Our ordinance says they do. OK? This company obviously did not. Now, if they're contractual, we have the right to audit them. If they're not contractual... That's why I'm asking this question, that if they do business in the City of Miami, do they have to abide by our ordinance, number one; and number two, do they have to have an occupational license? I think they do. Lt. Longueira: They do. They do. Commissioner Plummer: OK? Then any time you stop a wrecker, you, the Police Department, and he doesn't have an occupational license, I think we ought to have a fine of four or five hundred dollars; and the second offense, put his, you know, get the cane out. Lt. Longueira: In those cases, Commissioner, where we find out that we have companies like that, we will. We have a board that brings the company... Vice Mayor Dawkins: You see, but... 28 April 28, 1994 Lt. Longueira: Let me give you an example. We had a board, where somebody had their car broken, stolen, something stolen out of the car. The officer went and checked, found out they didn't have a check done on the driver, the wrecker, which we require; found out the guy had an alias; he had a long record. We brought them in, we made them get rid of that employee, we made them be responsible for the items stolen. Commissioner Plummer: A contractual or noncontractual? Lt. Longueira: I think this was a contractual. Commissioner Plummer: There's no question on contractual. We have full control, because we can pull their licenses for doing business with the City. It's the noncontractual that I think that we're worried about, and this one was a noncontractual; is that correct? Now... Lt. Longueira: Right, but it still says they have to have two methods of payment. We can still go to them. Commissioner Plummer: Hey, I'm saying, what are you going to do... Lt. Longueira: And we will, now that I know which company it is. Commissioner Plummer: Excuse me. Excuse me. Right now - this is hypothetically - if, in fact, this company says, "Sir, drop dead," what cloud do... Lt. Longueira: We can revoke their license. Commissioner Plummer: Not if it's not contractual. Lt. Longueira: Yes, sir, it's right in the ordinance. Commissioner Plummer: Has he got a license? I'll bet you he doesn't. I bet he doesn't have a license. Lt. Longueira: Well, I bet this one does. Vice Mayor Dawkins: You know, we are spinning our wheels, and I'm allowing you to do this, because we've got to wait here till 4:30. Commissioner De Yurre: Well, let's wrap it up. Commissioner Plummer: Why? What's at 4:30? Vice Mayor Dawkins: Now if there was anything else, we would have moved this and gone on to something else, but go ahead. Go ahead. Commissioner De Yurre: Well, that's it. It's going to come back next month. So be it. Mr. Odio: Commissioner, Commissioner, may I suggest you... I was told you could start at 5:00 Planning and Zoning, because... Vice Mayor Dawkins: Beg your pardon? Mr. Odio: I was just told you could start at 5:00 o'clock if you wanted to. 29 April 28, 1994 Vice Mayor Dawkins: I can start at 4:30, and I'll be home thirty minutes earlier than if I started at 5:00. Mr. Odio: OK. Commissioner Plummer: Well, excuse me. According to this, you can do 4:30 [agenda] 1 through 6, but you cannot do seven through 14 till after 5:00. It's right here, sir. Vice Mayor Dawkins: So how many we got for 4:30, how many items? Commissioner Plummer: One through 7. Vice Mayor Dawkins: One to 7, that's seven. Do you think you're going to get through seven in an hour? OK. What are you suggesting, Mr. Manager? Mr. Odio: Sergio is saying that you could start at 5:00. Vice Mayor Dawkins: Well, 4:30. We'll start at 4:30. Commissioner De Yurre: Four forty-five, 4:45. Vice Mayor Dawkins: Oh, Jesus. Give him fifteen minutes. ------------------------------------------------------------------------------------------------------------------- 8. RESCHEDULE MAY 5TH COMMISSION MEETING TO COMMENCE AT 8:00 A.M. Mr. Cesar Odio (City Manager): Mayor Clark, at your suggestion, recommended that we move the next meeting starts at 8:00 o'clock in the morning. Vice Mayor Dawkins: Oh, yes. Ms. Matty Hirai (City Clerk): Excuse me, Mr. Vice Mayor. Vice Mayor Dawkins: Ma'am. Ms. Hirai: May we call the roll on this motion, or is it just a direction to... I think it's a motion, right? Vice Mayor Dawkins: No motion. Ms. Hirai: No motion. All right. Vice Mayor Dawkins: Mr. Plummer and Mr.... Because we pulled about 20 items off the agenda, the Mayor has asked that we make a motion to meet at 8:00 o'clock Thursday instead of 9:00 o'clock. Is there a motion? Commissioner Plummer: That's fine, that's fine. Vice Mayor Dawkins: Moved and seconded. Call the roll, Madam Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: all April 28, 1994 RESOLUTION NO. 94-293 A RESOLUTION RESCHEDULING THE MAY 5, 1994 CITY COMMISSION MEETING TO COMMENCE AT 8:00 A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark ------------------------------------------------------------------------------------------------------------------- 9. DISCUSS POSSIBLE RESCHEDULING OF MAY 26TH COMMISSION MEETING. (See label 24) ------------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Manager... Wait a minute. To my colleagues, can we move up the May meeting from the 26th, a week early? I'd like to take off for the Memorial Weekend, and I'm not going to be here. Vice Mayor Dawkins: What now? Ms. Hirai: I'm sorry, I couldn't hear. Vice Mayor Dawkins: No, we don't need you here. Commissioner Plummer: Can we possibly move up the May meeting from the 26th forward one week? Commissioner De Yurre: (Inaudible) Commissioner Plummer: Can we see if there's an earlier date we could have? Vice Mayor Dawkins: Everybody check their calendar, and when we come back at 4:30, we'll discuss it. Commissioner Plummer: Hey, the 24th, he's suggesting, is a Tuesday. It's fine with me. Vice Mayor Dawkins: The 24th of what? Commissioner De Yurre: Of May. 31 April 28, 1994 Commissioner Plummer: Of May. Check your calendar. Vice Mayor Dawkins: All right, hold it. All right, let's do this. Let's go check our calendars, and anyone desirous... Commissioner Plummer: That's my phone. Vice Mayor Dawkins: You know, you have to listen here or there. Now, where are you going to listen? Commissioner Plummer: It's not supposed to go off. Vice Mayor Dawkins: OK. Well, listen here. OK. All of us come back at 4:30, and any of us desiring a change in the timing of the Commission, let's bring it up. Commissioner Plummer: OK. Vice Mayor Dawkins: OK? Because every time I look, we got my man over there, he calls... So, you know... Commissioner Plummer: He's an international jet -setter here. Vice Mayor Dawkins: We are adjourned until 4:30. [THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:03 P.M. AND RECONVENED AT 4:46 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION PRESENT EXCEPT COMMISSIONER DE YURRE AND MAYOR CLARK.] COMMENTS MADE ON THE RECORD BEFORE THE COMMISSION MEETING OFFICIALLY RECONVENED: Commissioner Plummer: Until they get it straightened out, they're not going to use that dangerous situation. Mr. Sergio Rodriguez: Let me once again talk to the NET (Neighborhood Enhancement Team) office, and together with the Law Department, see if we can close the building for parking. Commissioner Plummer: Sir, it's dangerous. They're parking... You know, before, they were only parking the compact cars in front of the column. Now, they're sticking out almost five feet. The One Biscayne... Mr. Rodriguez: The DDA (Downtown Development Authority) Building, right? Commissioner Plummer: It's at One Biscayne? Mr. Rodriguez: One Biscayne Boulevard. 32 April 28, 1994 r PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of April, 1994, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 4:46 p.m. by Vice Mayor Dawkins with the following members of the Commission found to be present: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins ALSO PRESENT: A. Quinn Jones, III, City Attorney Sergio Rodriguez, Assistant City Manager Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ABSENT: Mayor Stephen P. Clark Commissioner Victor De Yurre ------------------------------------------------------------------------------------------------------------------- 10. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 401, 411 & 455 S.W. 27 AVENUE FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO OFFICE. (Applicant: Planning, Building & Zoning Department.) Vice Mayor Dawkins: Commissioner De Yurre, we're ready to begin. OK. Is Commissioner Gort there... Oh, here he is. I was thinking about this one. OK. Yes. OK. PZ-1. Ms. Lourdes Slazyk: OK. For the record, my name is Lourdes Slazyk, from the Planning, Building and Zoning Department. PZ-1 through 5 are related items. PZ's 1, 2 and 3 are here for second reading from the last meeting. Commissioner Plummer: (Inaudible.) Mr. Sergio Rodriguez: Remember, last time we had a person that objected to having his property to be included? And we... Commissioner Plummer: (Inaudible.) 33 April 28, 1994 Ms. Slazyk: Oh, OK, in 1989 and '90, when we updated the comp. plan and put Zoning Ordinance 11000 into place, these properties were inadvertently omitted in the changes, and they're not consistent right now. The land use designation and the zoning atlas designation don't match. So the City is the applicant for the changes, in order to bring them into conformance. Mr. Rodriguez: Specifically, do you want to know what uses are there now? Commissioner Plummer: (Inaudible.) Mr. Rodriguez: Right. Ms. Slazyk: Yes. Commissioner Plummer: I move item 1. Ms. Matty Hirai (City Clerk): Commissioner, would you kindly turn your mike on, please. Commissioner Plummer: Yes, ma'am. Move item 1. Commissioner Gort: Second. Mr. Rodriguez: PZ-1. Commissioner Plummer: Read it. `lice Mayor Dawkins: It's been moved and seconded. Read the ordinance, Mr. City Attorney. Call the roll, Madam Clerk. AN ORDINANCE - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401, 411 AND 455 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO OFFICE; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 34 April 28, 1994 Passed on its first reading by title at the meeting of March 24, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11140. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner 15e Yurre requested of the Clerk to be shown in agreement with the motion. ------------------------------------------------------------------------------------------------------------------- 11. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 401, 411 & 455 S.W. 27 AVENUE FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO O OFFICE. (Applicant: Planning, Building & Zoning Department.) ------------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Item 2 is a companion. Commissioner Gort: Move it. Vice Mayor Dawkins: Moved and seconded by Commissioner Plummer. Call the roll, Madam Clerk. Call the roll, please. 35 AN ORDINANCE - AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401, 411 AND 455 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE ZONING CLASSIFICATION FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO O OFFICE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION, AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of March 24, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11141. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner De YurFe requested of the Clerk to be shown in agreement with the motion. 36 April 28, 1994 r--rr---r-------r-----r--r--------- •-------r----------------------------------------rr----- 12. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE ZONING CLASSIFICATION AT (1)(a) 225, 295, 311, 335 & 345 S.W. 27 AVENUE, AND (b) 2660 S.W. 3 STREET FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO O OFFICE; (2) 501 S.W. 27 AVENUE FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL; AND (3) 2542 S.W. 6 STREET FROM C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT AND INSTITUTIONAL. (Applicant: Planning, Building & Zoning Department.) ------------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move 3. Vice Mayor Dawkins: Seconded by Commissioner Gort. Read the ordinance. Call the roll, Madam Clerk. AN ORDINANCE - AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF: 225, 295, 311, 335 AND 345 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, AND 2660 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO O OFFICE; 501 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO G/I GOVERNMENT AND' INSTITUTIONAL; AND 2542 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT AND INSTITUTIONAL, ALL MORE PARTICULARLY DESCRIBED HEREIN; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of March 24, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark Commissioner Victor De Yurre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11142. 37 April 28, 1994 N The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner De Yurre requested of the Clerk to be shown in agreement with the motion. ------------------------------------------------------------------------------------------------------------------- 13. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2517-21 S.W. 7 STREET FROM SINGLE FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES. (Applicant: Planning, Building & Zoning Department.) Commissioner Plummer: I'll move 4, with a question. Vice Mayor Dawkins: Seconded by Commissioner Gort, under discussion. Commissioner Plummer: On the first three items, the Planning Advisory Board was nine -zero. This one here is five -zero. Is that because there was not a quorum? Ms. Lourdes Slazyk: There were only five members present, right. Commissioner Plummer: That's a good reason why we're sunsetting them, correct? Thank you, Mr. Vice Mayor. Vice Mayor Dawkins: Call the roll, Madam Clerk - I mean read the ordinance. Call the roll, Madam Clerk. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2517-21 SOUTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 38 April 28, 1994 Was introduced by Commissioner Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark Commissioner Victor De Yurre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll call, Commissioner De Yurre requested of the Clerk to be shown in agreement with the motion. NOTE FOR THE RECORD: Commissioner De Yurre entered the Commission Chamber at 4:51 p.m. ------------------------------------------------------------------------------------------------------------------- 14. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE ZONING CLASSIFICATION AT 2517-21 S.W. 7 STREET FROM C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT AND INSTITUTIONAL. (Applicant: Planning, Building & Zoning Department.) ------------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move item 5. Commissioner Gort: Second. Commissioner Plummer: It's all part and parcel. Vice Mayor Dawkins: Under discussion. No discussion. Commissioner Plummer: No, it's just the same one. Vice Mayor Dawkins: Read the ordinance. Commissioner Plummer: This one was five to zero, also. Vice Mayor Dawkins: Call the roll, Madam Clerk. 39 April 28, 1994 K AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2517-21 SOUTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT AND INSTITUTIONAL; MAKING FINDINGS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gort and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------------------------------------------------------------------------------------- 15. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION CONCERNING APPEAL OF ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT REDUCTION OF REQUIRED LANDSCAPED AREA IN FRONT YARD AT 3045 LUCAYA STREET. (Applicant/Appellant: Pascuale and Renzo Renzi for Royal Estates, Inc.) (See label 17) Vice Mayor Dawkins: PZ-6. Ms. Lourdes Slazyk: PZ-6 is an appeal of a variance that was denied by the Zoning Board for 3045 Lucaya Street. The ordinance requires that the landscaped area in the front yard be sixty percent, and the applicant proposes twenty percent. Since it's an appeal, I guess the appellant is going to present first argument. Vice Mayor Dawkins: Are there any persons in the audience who want to speak for or against this ordinance? Please raise your hand and be sworn in. Madam Clerk, would you swear in all... AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Mayor Dawkins: OK. Go right ahead, sir. Commissioner Plummer: For the record, sir, are you a lawyer? Mr. Richard Brenner: Yes. Richard M. Brenner. 40 April 28, 1994 K Commissioner Plummer: Are you being paid a fee? Mr. Brenner: Excuse me? Commissioner Plummer: Are you being paid a fee? Mr. Brenner: Yes, I am. Commissioner Plummer: Have you registered as a lobbyist? Mr. Brenner: No. Commissioner Plummer: You cannot testify, sir, until you do such. Commissioner De Yurre: It's a thousand dollars you pay. Commissioner Plummer: Yeah, a thousand dollars per appearance. Very reasonable, seeing as how the landscaping is only $44. - - - - - - Commissioner Gort: You can't hear PZ-7 until 5:00 o'clock. Commissioner Plummer: Right. Well, PZ-7 is going to be deferred. Vice Mayor Dawkins: How long will it take? Commissioner Plummer: We can't handle 7. Commissioner Gort: Till 5:00 o'clock. Vice Mayor Dawkins: Till 5:00 o'clock? Commissioner Plummer: Yeah. Vice Mayor Dawkins: We may as well wait till he fills this out, five minutes and then we... (INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD.) Commissioner Plummer: You better not. Mr. Vice Mayor, I would think it would be proper that you might ask the question you asked before. Is there anybody here who would want a deferment, predicated on the fact that there's only four votes? Not that anything is automatic, but you had indicated that we would surely entertain such. 41 April 28, 1994 -- ---------------------------------------------------------------------------------------------------------------- 16. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT TO ADD / CLARIFY LANGUAGE / CONDITIONS PERTAINING TO: COMMUNITY BASED RESIDENTIAL FACILITIES, FAMILY CARE HOMES, HALFWAY HOUSES, SINGLE ROOM OCCUPANCY USES, AND THREE-QUARTER WAY HOUSES. (Applicant: Planning, Building & Zoning Department.) (See label 23) ------------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Is there anyone who feels that they would wish their item to be heard with a full Commission? Come to the mike, please. The item? Ms. Sheila Anderson: Item number 12, Commissioner. Commissioner Plummer: Are you the applicant? No, the City's the applicant. Ms. Anderson: No, the City's the applicant. Mr. Sergio Rodriguez: That item cannot be heard until 5:00 o'clock. Commissioner Plummer: I'm sorry? Mr. Rodriguez: That item cannot be heard until 5:00 o'clock. Commissioner Plummer: We can defer it before 5:00 o'clock. Mr. Rodriguez: But you won't be hearing anybody else on it who would be coming after 5:00. Commissioner Plummer: Is there anybody else here on item 12? Mr. Rodriguez: I don't know. We won't know till 5:00. Vice Mayor Dawkins: OK. Well, it's six minutes, and we'll be with you. Thank you. ------------------------------------------------------------------------------------------------------------------- 17. (Continued) DENY APPEAL -- AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO PERMIT REDUCTION OF REQUIRED LANDSCAPED AREA IN FRONT YARD AT 3045 LUCAYA STREET. (Applicant/Appellant: Pascuale and Renzo Renzi for Royal Estates, Inc.) (See label 15) ------------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: OK. Are you finished, sir? Mr. Richard Brenner: Yes. Vice Mayor Dawkins: Commissioner Plummer, he's legal. Commissioner Plummer: Fine. 42 April 28, 1994 Mr. Brenner: Thank you, I'm Richard Brenner. I'm here on behalf of the appellant. The appellant was unable to... Commissioner Plummer: Your mailing address, sir? Mr. Brenner: 21 Southeast 1st Avenue, Suite 800, Miami, Florida. The applicant, Pascuale Renzi, had an emergency and couldn't attend the Zoning Board hearing to present his position, and it was denied, five to three. We feel that the exception should be granted because the lot is heavily landscaped. The lot is a smaller, it's a narrower lot than most others. It's only about four thousand square feet of space, and to avoid having to park on the swale area, there are two huge trees, the applicant built a brick paved or parking area in front, but there is heavy landscaping around. I've brought pictures with me to show the condition, and you'll note that the parking area is of very high quality, and doesn't detract, but actually improves the neighborhood. I don't know if you want me to pass them around. Commissioner Plummer: Start over there. Mr. Brenner: The first picture shows the front of the house with the huge tree. This next pictures shows, to the right side, with all the heavy landscaping, there are a lot of trees and greenery up against the house and the sideline. The next picture is a similar picture of that side farther back. The next picture shows the front of the house and the left side of the parking area with all the lush greenery. The next picture shows a side view, showing how it looks as you come, approach from the south. The next picture is of the huge tree in front of the house. And the next picture are the cars parked on the brick pavers and the trees and landscaping in front of the house. The next picture is the left side of the house, and the landscaping on the left side. The next picture shows the landscaping to the left of the house. The next picture shows the landscaping and the trees in front of the house. This picture shows the heavy landscaping right to the left of the house. This is the landscaping across the street in front of the house, and I have two pictures looking down the street where people park on the Swale, showing the unsightliness of that, compared to parking on these brick pavers that are not unsightly. We feel the amount of landscaping that was placed, as well as the quality of it, should permit us to continue to have the brick pavers where they are, and to permit the landscaping as it is, as opposed to having to plant additional landscaping, and take out the brick pavers and park on the swale between the two trees. Thank you. Are there any questions anyone has for me? Vice Mayor Dawkins: Were you sworn in, sir? Mr. Howard Weisberg: No, I missed being sworn in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO MR. HOWARD WEISBERG FOR THE PURPOSE OF GIVING TESTIMONY ON ZONING ISSUES. Vice Mayor Dawkins: Pull the mike up, sir. Mr. Weisberg: OK. I'm Howard Weisberg. I'm chairman of the Village Council. Today, I'm speaking here on behalf of the Coconut Grove Park Homeowners' Association. That's the area this house is located in. What was done to this tree, which is a full-size mahogany, which was an absolute asset to the neighborhood where... This project has almost killed this tree. I think it's very important to rip up these bricks as soon as possible to help try and save this tree. He has rootpruned this tree against City advice. The City came by and told him not to do it. It was done anyway. This was a beautiful tree. The house is on an undersized lot, granted, but when you buy a house on an undersized lot, you have to learn to live within its constraints. I mean, there is no landscaping on the front. You can see it's all bricked. You go past the front of the house, it's 43 April 28, 1994 OOA RPM totally bricked. We feel that the character of this neighborhood is the trees. The reason people move to this neighborhood is to be in a Grove atmosphere, with trees and lush landscaping. People don't move to this neighborhood to live in bricked up front yards. The other people in the neighborhood are living within these constraints. Most of the neighborhood, if we want a driveway, we do it legally. And I feel that the staff of the City has completely agreed that this shouldn't be done. The Historic Preservation voted that it shouldn't be done. There's no reason that this tree would not be able to live if he had not root pruned it. They've had to destroy the canopy of this tree because it became unwieldy, and they were afraid it was going to fall over because of the root pruning he'd done. And this, we feel that the mahogany is much more important to the neighborhood than a place for him to park his BMW. Vice Mayor Dawkins: Thank you, sir. Next. Ms. Joyce Nelson: My name is Joyce Nelson. I live at 2535 Inagua Avenue. I'm here speaking as a resident of this neighborhood. Also, I'm the president of the Coconut Grove Civic Club, and I'm on the Village Council. Unfortunately, this has already been done, and what we're asking you to do is to correct the situation. If everyone in the neighborhood is allowed to do what they did, then we wouldn't have any more trees. This is not the neighborhood to be doing that in. I don't understand why they did it, anyway. I mean, it's a beautiful tree. It was... I saw the project as it was being built, and it's a very small lot, and they built, I think, a reasonably nice house on a very, very small lot. I thought my house was small, but this was very small. But I haven't destroyed my trees, and I haven't paved my front yard for my car to park on, and we live with it the way it is. And I'm very sorry that this was done, and I hope you can fix the situation and make him put it back the way it was. Vice Mayor Dawkins: Go right ahead, yes, John. Mr. John Brennan: My name is Brennan, John A. B-R-E-N-N-A-N. That's Irish. 2336 Swanson Avenue. Unfortunately, the gentleman has finished the work. I live on the next street. The house is lot line to lot Iine. I don't know if he's got... Whatever the minimum requirements are, he's got that. There's a fence on either side, unless I'm talking about the wrong place. He's paved the whole front yard. If I pave my whole front yard and everybody else did, we'd have a lot of parking in the neighborhood, but it... And he's done a beautiful job. Whoever laid the brick out, outstanding work, nice craftsman. You ought to put him on your payroll. But paving the front yard of every lot in Coconut Grove is not what everybody else thinks is Coconut Grove. I like the grass. I can't believe that somebody even said there's twenty percent there of landscaping, unless it's all vertical. But anyway, I don't know what you can do with it, what this Commission can do. I would hope the Commission can rectify it. Thank you, gentlemen. Mr. Pascuale Renzi: My name is Pascuale Renzi. I live at 3045 Lucaya. This is our property. Most of the remarks made here tonight are absolutely untrue. To begin with, the tree, the mahogany tree is still there. It's growing nicely. It was only, the root pruning was only ten percent, so we did the same to the canopy, and that's where we stand. As far as landscaping, I wish everybody where I live had the same kind of landscaping I have. Thank you. Vice Mayor Dawkins: OK. Can we hear from the Administration? Mr. Sergio Rodriguez (Assistant City Manager): The Administration recommends denial. Commissioner De Yurre: Based on what? Mr. Rodriguez: That he built this illegally. was building this illegally. The ordinance landscaping - minimum landscaping in the He was given a warning requires only... requires a front. He built twenty letter telling him that he sixty percent maximum percent. There was no 44 April 28, 1994 hardship in this case, he chose to do it. After the warning was given, he continued the work. It's just whether you want to establish a policy that in the future, you're going to condone this, and we can change the ordinance. Commissioner De Yurre: Well, don't get feisty, now, we're talking. OK? Mr. Rodriguez: You asked me for reasons. I'm trying to give them to you. Commissioner De Yurre: I'm asking you for reasons. OK? We need to hear more from your expertise as a paid professional. Did they submit plans that they did not adhere to? Ms. Lourdes Slazyk: The plans came in after the fact at the time they pulled a variance, they requested the variance. Commissioner De Yurre: OK. But this is a new house, right? Mr. Rodriguez: Right. Commissioner De Yurre: OK. Was it built according to the plans as presented? Mr. Slazyk: Not the original plans. The revised set came, you know, so it wasn't. That's the answer, no. Commissioner De Yurre: OK. Was the revised set approved and accepted by the City? Ms. Slazyk: No. The revised set was told it needed a variance, and that's where they proceeded. Commissioner De Yurre: OK. So they went ahead and the original plan that was presented, which was the one that was the official plan was not adhered to. They presented a substitute plan, which was not accepted by the City, and they still went ahead, following the substituted plan... Ms. Slazyk: Yes. Commissioner De Yurre: ... and finished the house according to that substituted plan, which was not the official plan. Ms. Slazyk: Right. That's the set that went for the variance. Commissioner De Yurre: OK. Mr. Brenner: I am told that that's not accurate. Mr. Renzi built the house, and he said he never got a notice letter, and that it's in original plans. Mr. Renzi: When I... The house is built strictly according to plans. The only part that varies is the front, in the front, the subject what we're talking about, the paved area. Now, I talked to the Zoning inspectors about this. They said that instead of pulling the final CO (certificate of occupancy) on the house, just go ahead and present the variance, and go ahead with the work. It wasn't done in the previous plans... Commissioner De Yurre: Who was the inspector? Mr. Renzi: Judith Miller. 45 April 28, 1994 Commissioner De Yurre: Judy Miller said that? OK. Is Judy Miller here? Ms. Christina Abrams: No, I am here. I'm her supervisor, Christina Abrams, NET (Neighborhood Enhancement Team) Administrator for Coconut Grove. Commissioner De Yurre: I know who you are. I'm looking for Judy Miller. Ms. Abrams: Well, if I can, I would like to answer on her behalf. Commissioner De Yurre: OK. Ms. Abrams: When Mr. Renzi was pouring in the second driveway, the Public Works inspector, Bryan Harms, advised him that that was not according to plans, and told him to cease the work. However, several days when we went by, we noticed that the mahogany tree had been trimmed. If I may argue, Mr. Renzi, it was more like fifty percent. And the second driveway was already cut, and he subsequently completed the work. As a result, he does not have a CO. Vice Mayor Dawkins: He does not have a CO? Ms. Abrams: No, he does not have a CO. He has a TCO (temporary certificate of occupancy). Commissioner De Yurre: And he's living in a house while not having a CO. Ms. Abrams: With a TCO. Commissioner De Yurre: With a temporary CO. Commissioner Plummer: And how long has he had the temporary CO? Ms. Abrams: Thirty - about ninety days, I think. I'm not sure. I can't answer exactly. Commissioner Plummer: Well, there's a maximum on temporary COs, correct? Mr. Brenner: It expires in June, I'm told. Commissioner Plummer: Hub? Expires in June? Mr. Brenner: In June, June 18th. Mr. Rodriguez: We don't have that information here. Commissioner Plummer: OK. I move to uphold the Zoning Board. Commissioner Gort: Second. Vice Mayor Dawkins: Any further discussion? Call the roll, Madam Clerk. 46 April 28, 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-294 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 908.10.1, GENERAL AND SUPPLEMENTARY REGULATIONS, DRIVEWAYS AND OFFSTREET PARKING, TO PERMIT A PROPOSED 20% LANDSCAPED AREA IN THE FRONT YARD (60% REQUIRED) FOR THE PROPERTY LOCATED AT 3045 LUCAYA STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-1 SINGLE-FAMILY RESIDENTIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark ------------------------------------------------------------------------------------------------------------------- 18. CONTINUE CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL SPECIAL EXCEPTION GRANTED BY ZONING BOARD AT 3156-58-60-62-64-66- 68-70-72-74 VIRGINIA STREET, TO ALLOW ADDITIONAL DWELLING UNIT IN R-2 TWO FAMILY RESIDENTIAL ZONE, TO MAY 23RD COMMISSION MEETING. (Applicant: N. & P. Edrisi, T. Barrett, S. De Lemos & I. Buholzer. Appellant: Joyce Nelson for Coconut Grove Civic Club & James McMaster.) ------------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Item 7. Mr. Sergio Rodriguez (Assistant City Manager): This is the item that I mentioned before, that we have a letter from the lawyer for the applicant, and a letter from the lawyer for the appellants, and they both request a continuation on this item. They are trying to come to a settlement on this issue. Commissioner Plummer: Is there anyone else here on item 7? Then I move it be deferred. Vice Mayor Dawkins: Is there a second? All those in favor... I mean, call the roll, Madam Clerk. 47 April 28, 1994 THEREUPON, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DE YURRE, ITEM PZ-7 WAS CONTINUED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark ------------------------------------------------------------------------------------------------------------------- 19. APPROVE, IN CONCEPT, STUDY: THE FLORIDA AVENUE PROJECT (AUGUST 1993), PREPARED BY DOVER, KOHL AND PARTNERS -- FOR PROPERTIES ABUTTING FLORIDA AVENUE FROM MATILDA STREET TO MCDONALD STREET IN COCONUT GROVE (EXCLUDING KIRK MUNROE PARK). (Applicant: Planning, Building & Zoning Department.) Vice Mayor Dawkins: Item 8. Mr. Joe McManus: Mr. Vice Mayor and members of the Commission, for the record, Joe McManus, deputy director, Planning, Building and Zoning Department. The Florida Avenue study was sponsored jointly by the neighbors along Florida Avenue in the City of Miami, in which we engaged the consulting firm of Dover, Kohl to conduct a charrette. That charrette was conducted in July of 1993, an all day charrette, on a Saturday, July the 28th. From that charrette, the consultants then proposed a study, presented that study in the form of a report, which is included in your agenda package. We, the Planning Department, had a series of comments on the study itself. Our comments had to do with the proposal to increase the density from equivalent of R-1 density now at eight units per acre all the way up to forty-two units per acre. We had concerns about the inclusion of C-1 commercial zoning uses on the ground floor of units. We had concerns about the proposal to decrease the parking requirements in the area, and we also had concerns about the proposal to use lot line to lot line townhouse zoning. In the ensuing time since this came to the Planning Advisory Board, there have been discussions. The Planning Advisory Board had kind of repeated our concerns, and in their resolution, they said that they would support the Florida Avenue study, provided that the proposed zoning was R-2, that there would be no C-1 restricted commercial uses, that there would be adherence to the parking standards, and the townhouse zoning should be - continue to be explored. And we have had discussions with the neighbors, and I would suggest to the Commission that in order to move this along, that you approve the study in concept, and give us whatever direction you care to give us. But what we would propose to do is to take the study and move along with it, and work along proposals with basically an R-2, perhaps slightly more than an R-2 density, but that we would try and limit any further C-1 commercial uses. We have home occupations right now in R-1, that we would selectively add to that, but there would be no wholesale inclusion of C-1 uses; that we would try and adhere to the existing City's parking standards, because we don't want to increase the parking burden in the area; and that we would again look at lot line to lot line townhouse zoning. That's about where we are with this. Now, we certainly are willing to listen to whatever guidance the Commission has in this. And if you'd care to listen to the 48 April 28, 1994 01 O � neighbors, themselves, I'm sure they'd give you the benefit of what they want. Thank you. Commissioner Plummer: Joe, let me ask you a question. Vice Mayor Dawkins: Commissioner Plummer... Commissioner Plummer: I'm sorry. Vice Mayor Dawkins: Is there anyone in the audience for or against this, who feels that they would have a better chance at this if there was a full Commission? If you would rather have this heard by five Commissioners, we will continue it until the next meeting, but if you're comfortable with the four of us up here, we'll go ahead and hear it now. All right. Go right ahead, sir. Thank you. Go right ahead. Commissioner Plummer: Joe... Vice Mayor Dawkins: Go ahead, Mr. Plummer. Mr. McManus: Let's... I've finished. I've finished my presentation. Commissioner Plummer: All right. There's two items. And I've had a lot of discussion with these people, and my staff have. The two items that they're basically concerned about, I don't know that you're addressing, because... You've got to address them. Number one is the crime problem. The crime problem on that street is absolutely horrible. Cars are broken into, their houses are broken into. The next item is something that I don't know what you can do about, but it's got to be addressed, and that is the problems existing by virtue of the proximity of the school. The traffic down that street is horrible. They even asked at one time, and I asked the City Attorney on their behalf, was it possible that street could be blocked off, because the traffic going up and down that street, basically generated from the daytime by the school, and at nighttime, from the... especially weekend activity. So I question that if you put in duplexes, you're still going to require the same required parking as if it were duplexes. Would that, if it could be united, be a better concept under a PUD (Planned Unit Development)? Mr. McManus: Possibly, yes, but that would, again, require the property owners, themselves, to unite, together themselves and form, essentially, a homeowners' corporation. Commissioner Plummer: OK. Let's look at another thing. Two of the areas there, you can't do anything about. The one that backs up to the post office is now owned by the post office. Assuming the post office is going to want to do something related to the post office... I don't know what, whether it's parking, or whatever it is. The other one is the park where the tennis courts are. Now, when you take and put those things into the concept... Because we know, and I assume that - I don't know if I've ever discussed it with them -- the Federal Government does not have to abide by our zoning regulations. They can go in there tomorrow and they can do anything they want, without us having a say-so. Do you have any idea what is planned for that property that's been acquired by the post office? Mr. McManus: No. Commissioner Plummer: Have you talked to them? Mr. McManus: That's handled out of their Atlanta office... Commissioner Plummer: OK. 49 April 28, 1994 Mr. McManus:... and we haven't had contact with their Atlanta office. Commissioner Plummer: Don't you feel that that would be a consideration to the total overall project? Mr. McManus: Yes, sir. Commissioner Plummer: OK. I would strongly, if, assuming that these people or we, the Commission, follow what you have recommended, that prior to it coming back to this Commission, that you contact the post office and find out what they are going to be doing with that property, if they know, or whether they'll tell us, because I think it would have a direct bearing on the overall picture, because that's what? - one, two, three, four, five, six, seven lots? Mr. McManus: It's five. Mr. David Gell: It's four. There are four lots. Commissioner Plummer: Maybe my... Vice Mayor Dawkins: Name" and address, sir. Mr. Gell: Yes, sir. My name is David Gell, and I live at 3290 Matilda Street. Commissioner Plummer: One, two, three, four, five, six... I count seven lot - lines. Mr. Gell: There are four lots on Florida Avenue that you're discussing, in terms of what the post office has purchased. Commissioner Plummer: All right. Mr. Gell: I've spoken with a Mr. Muscro (phonetic), in Memphis Tennessee, and he said that he has asked for RFPs (Request for Proposals) on the entire parcel that they purchased, and he's waiting for responses. Commissioner Plummer: RFP for what, sir? Mr. Gell: To have architects, designers, planners come and look at that property and see what might be possible. Commissioner Plummer: An RFP is for a specified project. Is it for a... Mr. Gell: Well, I may be using the wrong term, but they're looking for possible uses and changes to the site as they have purchased it. It may be that they would increase - and I would hope not - but it may be that they'd increase the commercial corner parcel that's now a teen club, to use it as a parking lot. You're right, they can do absolutely anything they want with those four lots on Florida Avenue. Commissioner Plummer: I sure hope they didn't buy it and take it off the tax rolls just to have it and not do anything with it. That would be a disaster. Mr. Gell: Well, I assume they think they have a very fine parcel and want to do something with it. Commissioner Plummer: Excuse me. As I see it, Joe, that remaining is ten parcels; am I correct? 50 April 28, 1994 Mr. McManus: Yes, Commissioner. Commissioner Plummer: So what you're looking at, at the max, to go to duplexes, because there's no duplexes there now? Mr. McManus: No. Commissioner Plummer: So you'll be going from ten units to twenty units? Mr. McManus: Possibly more. Commissioner Plummer: Well, the next item, next above classification is R-3. Mr. McManus: Well, I think we'd be talking about a special zoning district tailored for this. I mean, there's so many... Commissioner Plummer: How many acres are involved, without the post office, and without the tennis courts? Mr. McManus: We got about possibly ten lots, John? Commissioner Plummer: There's ten lots, but how many acres? Mr. Odio: One second. Commissioner Plummer: Thank you. Mr. McManus: Probably an acre and a quarter, figuring eight lots per acre. Commissioner Plummer: Now, you said the ideal was eight units per acre, and they were talking about 42. Mr. McManus: They were all the way up to forty... We're probably talking probably doubling it, or probably a little bit more up to sixteen per acre, sixteen to twenty per acre. Commissioner Plummer: OK. Now, then I understand what you're saying is to accept it in principle, continue to allow you to work with it and massage it, and then come back in thirty days, sixty days, ninety days? Because that's one of their complaints, that every time they go to have a meeting, nothing is done, and nobody meets. Mr. McManus: Ninety? Mr. Rodriguez: If I may, the next step would be for us to go and draft the legislation, go to the Planning Advisory Board and go through the process. Commissioner Plummer: Well, they understand that and we understand that. Mr. Rodriguez: Right. Commissioner Plummer: But we, the Commission, have not yet accepted this, even in principle, and I'm assuming it's here to try to get us to accept it first, before you go through the process. Mr. Rodriguez: Right, right. 51 April 28, 1994 Commissioner Plummer: OK? Mr. Rodriguez: If you want... Commissioner Plummer: Now, how long before you would come back to us? Mr. Rodriguez: Do you want to see it again before you accept it in principle; that's the position that you have? Commissioner Plummer: Well, the only problem I have is, if they are willing to agree, you know. The one thing that we looked at, at first, was that we didn't have... we had the C-1 in there, we had units up to, my God, two hundred units in that little area. And that would be the only reason that I would want to see it back here before I took it to the Zoning Board. Mr. Rodriguez: Well, yeah. If I may, you know, this has been going on for a while, for different reasons, you know. If we were to get some direction from you that you basically agree with the principles that we have today, which is going with the density higher than duplex, less than multifamily, to try to adjust to the characteristics of the area, and maybe that way, trying to address the issue of crime. We would draft legislation that would go through the regular process of the Planning Advisory Board, and then when it comes to you, if you don't agree with it, you can change it. You know, that's your... You know, that's what we usually do with you. Commissioner Plummer: As long as you... Vice Mayor Dawkins: Commissioner Plummer. Commissioner Plummer: As long as you... Vice Mayor Dawkins: Commissioner Plummer. Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: Let Commissioner Gort have something to say, please. He's been trying to say something. Commissioner Gort: I'm fine. Vice Mayor Dawkins: OK. Go ahead. Go ahead, Commissioner. Commissioner Plummer: As long as there is no deviation from parking. Mr. Rodriguez: Right. Commissioner Plummer: And if we were to set a maximum up to how many units that could be built on these ten parcels. OK? And my number would be twenty-five. That would be my number. OK? I don't think you can stand more than twenty-five, then as far as I'm concerned, take it, forward it on to the Planning Department, and don't bring it back here. Vice Mayor Dawkins: Wait a minute, Mr. Plummer. Why should we let you do what he's telling you he's not going to vote for? He's telling you he's going to only vote for twenty-five units. So why should we allow you to bring back thirty-five units? Mr. Rodriguez: Because maybe you and the other Commissioners might go beyond that, that's the reason. If we advertise for a lower, then we cannot bring it back. OK? 52 April 28, 1994 Wil Vice Mayor Dawkins: OK. Well, I don't want to do that, so that's two. Commissioner De Yurre: Shouldn't we, Commissioner Dawkins, hear why thirty-five may be a better number or not, or twenty-five? Vice Mayor Dawkins: Well, that's three. That's three. Commissioner De Yurre: I mean, let's hear it. Commissioner Plummer: Victor, if you want my... If you want me to give you my response, I think that the problem is the congestion. There's no question, it is congested today. Now, the problem is, if you go from ten units, which you have there, with a congested area, and you triple the amount, it's just reasonable to me you're going to further congest. Vice Mayor Dawkins: And you'll triple your problem. Commissioner Plummer: Well, I don't know that you'll triple the problem, OK? Because it's not an all -day problem. But I think that going from ten units to twenty-five is what I would consider to be max. I would prefer the twenty. I would prefer it to be R-2. Commissioner De Yurre: Do we have traffic studies or anything along those lines? i Commissioner Plummer: You don't need a traffic study. Just try to get through that street sometime in the day. It's impossible. ECommissioner De Yurre: Well, I go by there every day, so I know what you're talking about. 1 Commissioner Plummer: Yeah. Commissioner De Yurre: But that doesn't keep people from building. Commissioner Plummer: Well, you asked my opinion. That's where I'm at. I mean, if you... Does anybody want to speak on it? Do you want to speak? Vice Mayor Dawkins: OK. Anybody wishing to speak, please raise your hand and be sworn in, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Barbara Ladyga: My name is Barbara Ladyga, and I live at 3160 Florida Avenue. And I think what Mr. McManus started out with is pretty much what I was going to say. But now, after I've heard how this is going, I do have some comments. This is really approval in concept, and you are all going into details about what exactly, you know, how many units and all of that. We know we have problems with this design, but the important part about this project is that every homeowner on the street has agreed to this design, which is a very difficult thing to do in Coconut Grove. And with this - with the help of the City, which has been very helpful on this project, we are hoping to get a prototype established for some type of solutions for problems in the Grove. Now, we know there's going to be lesser units, and things cut back. This was done by an architect, paid for with the help of the neighbors and the City of Miami, to try and come up with a whole new concept. So we're looking for some type of help in getting this through to the Planning Board, who has the wherewithal to figure out the right zoning, the right density, the 53 April 28, 1994 right setbacks, all the problems that you're... We don't know if it's thirty-five units, if it's twenty-five units, if it needs what setbacks. We know that there's a design here that works for people in the Grove, and has been approved by all the people on this street, and that should have some merit for the City. I mean, this is our street, these are our problems, and we have to live with them. So we're just asking you to approve this, whatever way you want to call it, to get it to the Planning Board, where we can further study it and analyze what all we can do to come back to you with something that meets your specific needs or traffic problems, or whatever your situation is. I Commissioner Plummer: Why don't you send it without guidelines to the Zoning Board, and when it comes back here, we can still adjust it. Sure. Ms. Ladyga: I mean, and, you know, there are arguments that we have that I don't want to get into right now regarding traffic. Yes, there's traffic problems now, but if you design this thing properly, it could eliminate traffic, because when you really study it, which the Planning Department will do, we've narrowed the streets so that the traffic can't be going through as quickly. There's a whole bunch of very intricate design details that we can't go into tonight, because you wouldn't have the patience or the... It would drive you nuts. But it's there, and there are some design considerations that the Planning Department will understand and be able to articulate at that time. So that's all we're asking for, is some... Vice Mayor Dawkins: May I ask one question? Ms. Ladyga: Who's that? Vice Mayor Dawkins: If you narrow the streets and you increase the houses, then you are increase... All right. And you go from twenty houses to thirty houses, and you have one and a half car per house. You have narrowed the streets. Where would the parking for the houses go? L See, you don't know the problems, like you said, that have to be studied, but I just want you to know that... Ms. Ladyga: Well, in this design, there is an alley. Vice Mayor Dawkins: Ma'am? Ms. Ladyga: In this design, there is an alley, an alley, a system where you go behind the houses. Vice Mayor Dawkins: And park in the alley? Ms. Ladyga: And park behind the properties, and... Vice Mayor Dawkins: Yeah, but if you... Fine, that's fine if you got twenty houses. If you got thirty houses, you don't have that, you don't have that much land from the lot from the house to the alley to park. Commissioner Plummer: Set it back. Vice Mayor Dawkins: The setback will not... You got to have certain setback, OK, now? So if you got to have an alley and you want to put 'A" number of houses in one square lot. I mean, but, hey, that's your place, you're designing it, but I'm just telling you what to look for when I come up to vote, that's all. Ms. Ladyga: Right. That's a valid point, and that's the type of thing that we would be explaining to you, but it's complicated, and it's... You've got to walk through each step to 54 April 28, 1994 understand the whole process. And that's something that, you know, we're hoping to get to the Planning Department and work this out and get back to you on. Vice Mayor Dawkins: Mr. Gort. Commissioner Gort Mr. Vice Mayor, I think mainly what we're to do here today is to approve the concept and let them go out and work out the details. One of the things that I can see, utilizing that as PUD, if all the property owners are in favor and they can do it, they might even be able to change the street, relocate the street to be right in behind the post office, right in the middle of... divide their property in two. So I don't have any problem in approving this in concept and let them work out the details and come back with some solutions. Vice Mayor Dawkins: Is there a motion? Commissioner Gort: If you're ready, I move to approve the concept. Commissioner Plummer: I'll second the concept, but I think... Vice Mayor Dawkins: Any discussion from the audience on the concept? Commissioner Plummer: I just would like to express, Mr. Vice Mayor, that I think what the Administration was trying to do was try and get a feeling of where the Commissioners are so that they don't go back to the Zoning Board and then bring back something here that you already know is not acceptable to the Commission. So I think, you know, if you want to go back, there's no reason why... Whatever is approved at the Zoning Board we can change here. We can change it with no problem. But what they were trying to do was to get a concept and the feeling of what the Commission would accept. But to go back with it right now is fine with me, there's no problem. Vice Mayor Dawkins: Yes, sir. Mr. Seth Sklarey: My name is Seth Sklarey. I'm at 3251 Florida Avenue. What has been designed here is a concept, and it's a concept as a whole. And what's happened is, and what's happened over the years in the City of Miami is that you take certain ideas, and then you take certain numbers, and you apply them, you know, property by property. Here, what they've done is taken a whole one -block area as a concept, so that when people come there, they feel like they're in Coconut Grove. They don't feel like they're, you know, in any other city elsewhere, except maybe like Key West. And so what we're asking you is to just keep an open mind, let us continue to work with it, and then we can have something I think we can all, you know, enjoy, and I think that will work. We understand the problems with parking, we understand the problems with all of it, and we're just trying to find something that will work for the City and for the people who live there, that's all. Vice Mayor Dawkins: Thank you. Commissioner Plummer: And continue it across McDonald, over to... Mr. Sklarey: To my block. Commissioner Plummer: Of course. Mr. David Gell. Mr. Commissioner, as L. My name is David Gel]. I live at 3290 Matilda Street. A lot of... I've been sort of the diaspora. I'm just outside of this street, but I've been involved with a lot of the meetings, and been watching very carefully, because what happens 55 April 28, 1994 here can impact on the rest of the neighborhood. There are two items that were specifically left out by the Planning Advisory Board, and I want you to know what they were. Specifically, nothing shall happen to the park. And if you look over here at this concept as it's drawn and shown before you, there is the idea of taking the corner of the park, which would be the southwest corner, and incorporating it into one of the private lots that's owned by an individual who lives on Florida Avenue now. Commissioner Plummer: On the southwest... Mr. Gell: I'll point it out to you. Commissioner Plummer: Show me where that is, Joe. Mr. McManus: Commissioner... Commissioner Plummer: Show me where it is on there. Well, that's across the street, isn't it? Mr. Rodriguez: It's part of the area. Commissioner Plummer: Right. Mr. McManus: The consultants have given us an option where, in one of their options, that section of the park is not acquired. Commissioner Plummer: Is what? Mr. McManus: Is not acquired. They were proposing at one point to acquire a fifty -by -a hundred -foot part of... Commissioner Plummer: Well, that's out. Mr. McManus: ... of Coconut Grove Park. And we had an early discussion about that, and they came back with an option that did not take that corner of the park. Commissioner Plummer: OK. Mr. Gell: I think we're all in agreement about that. I just wanted to articulate it. The other issue, of course, is the commercialization of the street. We feel that it would be a matter of minutes before we go down to Oak Avenue, and we want to avoid that. Other than that, the greater neighborhood is all in favor of seeing what this beautifully designed street could be someday. It is not something that's going to happen at once. It is something that, as people decide to relinquish their lots and relinquish their homes to move to other areas, then it could be a possibility that the new owner would incorporate the idea, but there are no locks on that. There are no guidelines to that, but it would be the concept of trying to ask the new owner to be in line with the rest of the street, and that would be a very nice thing to have. Commissioner Plummer, you mentioned about blocking off the street. I assume it would be on McDonald, and... Commissioner Plummer: That's what they had talked about, blocking it off at McDonald so that they... ! Mr. Gell: I think that's a very good idea. Commissioner Plummer: Well, I... You know, the only problem is the school is going to scream and holler. They had come up with a concept that it couldn't be done legally. I asked the Law Department, and it could be done legally. 56 April 28, 1994 1 Mr. Gell: There's very little that's going to change crime in this neighborhood. We have great... Commissioner Plummer: Excuse me, sir, I'm not sure that it was at McDonald. It could have been at Matilda. Was it McDonald? OK, it could have been either way. It was to block off the school traffic, is what it was. Mr. Gell: Most of the traffic comes from McDonald, because Matilda Street is one-way, along where the tennis courts are, so you don't have traffic coming from Oak along Matilda. Mostly, it's from Grand Avenue. Just one last small item, and that is that we will not do anything to change the issue of what happens, in terms of crime, on those streets. It is opportunistic crime, it is crime that's a spillover, and it's simply a matter of going into a higher visibility for police, which I don't think the City wants to do. But there are alternatives, and I think this is a good start for the people who live there. These people are very reasonable. They're not looking for the big buck, you know, five units per acre. They're looking to try to create a very nice place to live, to continue to stay there, and have some peace and quiet in their neighborhood, and I think they all deserve it. Thank you. Vice Mayor Dawkins: Any further discussion? OK. Yes, sir. Mr. John Daw: Good evening. My name is John Daw. I live at 3155 Florida Avenue. I just want to mention one thing. The unfortunate thing about the Grove is that the moment you mention commercialization, it's like waving a red flag to a bull. Now, when we have discussed commercialization on the street, it's not commercialization in the sense that one would have free standing commercial. We are concerned, as Commissioner Plummer pointed out, we're concerned with crime on the street. Now, I don't want to bore the pants off everybody about crime. Everybody has a problem, but, let me just tell you what has happened to me on the street, and my family, and you'll see where I'm coming from. My wife has been mugged outside the house. My son has been assaulted on the property, and he's been robbed at gunpoint in front of the lot, along with two friends. All of our cars have been burglarized, and vandalized several times, and two of them have been shot at by nighttime drive-bys. We've had constant entry into our property from the park. I've dealt with home invasion, and drug dealers attempting to catch an addict on my property, and armed police have pursued criminals across my lot several times. Our house has been robbed frequently, despite a hard wire alarm system and a dog. The last time was when I was out for about twenty minutes around noontime, and a thief, casing my property from the park, broke in against a ringing alarm and a barking dog, and made off with some $6,000 worth of camera gear, and my son is a camera student. I, myself, was recently robbed at gunpoint on the street, along with Gigi Marinier (phonetic) and his wife. They're both here, they're both owners, and wielding a cocked .38, the man both robbed and pistol-whipped Gigi and myself. We've both been in dangerous military situations, both Gigi and I, but we agreed that this was probably as close to getting killed as we have been. This man who robbed us would have shot us in the blinking of an eye if things had somehow gone wrong for him. Now, this is what has happened to my family. Others on their street have their tales to tell. Now, our thinking with regard to the... As you will see, this type of housing that Dover, Kohl came... We don't agree completely with that particular program, but their thinking with regard to the type of building that would go on that street was this. They were going to a type of house which you will find in the older cities of the United States, like Savannah, like Georgetown, and so on and so forth, where you have residential on the top floor, and some limited commercial, like a CPA (certified public accountant), or an architect, or something on the bottom floor. What this would do for us is, it would do two things. It would give us twenty-four hour occupancy, so that you have residents above at night, and during the day, when the resident is away, which is when I got robbed, for example, you would have somebody on the ground floor running his little business. And it would also give us... Just one second, let me check here. 57 April 28, 1994 N W Commissioner Gort: Excuse me. My understanding was that we're discussing the motion and we'd get into details some other time. Mr. Daw: Yeah, well, right, not getting into details, but my... Vice Mayor Dawkins: You have to speak to the motion. Commissioner Gort: The motion says to approve the concept and to work out the details some other time, and come back to us. Vice Mayor Dawkins: That's the motion. Mr. Daw: That's fine. OK. Vice Mayor Dawkins: OK. All right, thank you. Call the roll, Madam Clerk. Commissioner Plummer: There's an old theory: When you're ahead, be quiet. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO.94-295 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE STUDY KNOWN AS THE FLORIDA AVENUE PROJECT (AUGUST 1993)," ATTACHED HERETO AND MADE A PART HEREOF, PREPARED BY DOVER, KOHL AND PARTNERS, FOR FLORIDA AVENUE NEIGHBORS AND THE CITY OF MIAMI, FOR PROPERTIES ABUTTING FLORIDA AVENUE FROM MATILDA STREET TO MCDONALD STREET, EXCLUDING KIRK MUNROE PARK, IN COCONUT GROVE, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO INITIATE ADDITIONAL COMMUNITY WORKSHOPS WITH THE NEIGHBORHOOD CONCERNING THE SUBJECT PROPERTY PRIOR TO THE IMPLEMENTATION OF SAID STUDY, AS APPROVED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 58 April 28, 1994 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark ------------------------------------------------------------------------------------------------------------------- 20. SECOND READING ORDINANCE: AMEND 11000 TEXT, ARTICLES 4 & 25 -- TO PROVIDE DEFINITIONS FOR: EMPLOYMENT OFFICE, LABOR POOL, AND HIRING HALLS -- TO PERMIT LABOR POOLS OR HIRING HALLS IN C-1 RESTRICTED COMMERCIAL DISTRICTS BY SPECIAL EXCEPTION ONLY, AND TO PERMIT EMPLOYMENT OFFICES AS A PERMITTED PRINCIPAL USE IN C-1. (Applicant: Planning, Building & Zoning Department.) ------------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Item 9. Mr. Joe McManus: Item PZ-9 is a second reading ordinance related to hiring halls. Commissioner Plummer: I'll move item 9, but it has to have that each and every application has to come before this Commission as a special exception. Commissioner Gort: Second. Vice Mayor Dawkins: Second. Mr. McManus: As amended, then. Vice Mayor Dawkins: Any further discussion? Anybody to speak against this or for it? Nobody came forward. Call the roll, Madam Clerk. Commissioner Plummer: Wait a minute. Isn't it an ordinance? Vice Mayor Dawkins: No, read the ordinance. I'm sorry. Commissioner Plummer: Read the ordinance. 59 April 28, 1994 AN ORDINANCE - AN ORDINANCE (being drafted by the Law Department) Passed on its first reading by title at the meeting of March 24, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11143. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 60 April 28, 1994 --------------- --------------------------------------------------------------------------------------------------- 21. (A) SECOND READING ORDINANCE: AMEND CODE SECTIONS 54-8 AND 54-9, THEREBY PROHIBITING DISPLAY OF GARAGE SALE OR SIMILAR SIGNS ON TREES OR OTHER DISPLAY ON PUBLIC RIGHTS - OF -WAY. (Applicant: Planning, Building & Zoning Department.) (B) INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION TO AMEND THE CODE TO FINE VIOLATORS $250 (INSTEAD OF $25) WHO ILLEGALLY POST SIGNS IN PUBLIC RIGHTS -OF -WAY. (C) DISCUSSION CONCERNING ENFORCEMENT OF LIMIT ON GARAGE SALES (TWO PER YEAR). ------------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I'll move item 10, with discussion. Vice Mayor Dawkins: Seconded by Commissioner Gort. Under discussion, Commissioner Plummer. Commissioner Plummer: Sergio. Mr. Sergio Rodriguez (Assistant City Manager): Sir. Commissioner Plummer: I think that this idea... This last weekend, the signs were put up on poles, they were put up on trees for an antique sale on 136th Street and Southwest 77th Avenue. Coconut Grove was just flooded with these posters. Can we attach to this that no signs can be put up. Excuse me, don't... Christina is just the Grove. This is all over. Mr. Rodriguez: Uh-huh. Commissioner Plummer: All right? Can't we make this subject to no signs without permits? I mean, they put them in trees, they put them on poles, they put them on orange crates. Commissioner Gort: They'll put them on you if you're not fast enough. Commissioner Plummer: What I'm saying to you is, can't we put a stipulation here that says that you can't put up signs without a permit? Mr. Joe McManus: Well, this is a prohibition... Commissioner Plummer: I'm not even talking about just public right-of-way. What about the trees? You know, why should we in Coconut Grove, using that as an example, have to have all of this litter in our area for a place that's on Southwest 136th Street? I think it's wrong. And you know what they do. They do it after 5:00 o'clock on Friday when Christina goes home, for Saturday and Sunday, and they don't come in until Monday to take the signs down. I think it's wrong. Mr. Rodriguez: Are you talking about the trees which are located in the right-of-way, sidewalks? Commissioner Plummer: I'm talking about signs that I don't think are appropriate. OK? Mr. McManus: Are they in the public right-of-way, Commissioner? 61 April 28, 1994 Commissioner Plummer: Hey, some of them are and some of them are not. But you don't say anything here about poles. What about all the telephone poles? Mr. Rodriguez: It could be anything in the right-of-way. Commissioner Plummer: Hey, if you think that's sufficient. Now, what is the penalty if they violate it? Can we cane them? If they were in Singapore, they would, OK? We, the United States, telling Singapore, which is crime free, how to do things. What penalties are attached to this if they violate it? Mr. Rodriguez: Since it is a violation, they can be ticketed, and they can give a ticket up to, I believe, it's $250 the first time and... Commissioner Plummer: Would that be on each sign that they put up? Mr. Rodriguez: I don't see any reason why not. Commissioner Plummer: Then do I expect enforcement? Mr. Rodriguez: Yes. Commissioner Plummer: OK. I'm going to hold you to it. I'll move item 10. I've already moved it. Vice Mayor Dawkins: Commissioner Gort. Commissioner Gort: My question is, the biggest problem that we have, and I understand that this is a logistical problem that you have, but I think maybe somehow, the City and the Administration should look into it. We got a lot of enforcement between Mondays and Fridays, between 9:00 and 5:00, and most everything gets done on weekends. Do we have individuals that we can assign to work on weekends, rather than work them during the weekdays? Commissioner Plummer: If they're charging $250 a sign, we can sure afford it. Commissioner Gort: I'd like to see that, also, because the biggest problem is, we have the lack of enforcement, that's where we got a problem. We've got a lot of good ordinances and so on, but they're not being enforced, and on weekends, there's nobody out there. Vice Mayor Dawkins: Any further discussion from the Commission? You wanted to speak on this, sir? Mr. David Gell: My name is David Gell, 3290 Matilda Street. I'm here, and I'm sure that Ted Stahl would be here if he had knew this was coming up. This is our bugaboo, and very simply, why should it only be garage sales signs? We have signs in Coconut Grove advertising Miami Beach discotheques. Commissioner Plummer: Yeah. Mr. Gell: It is most unsightly - I'm trying to talk like Ted - the most unsightly, ungodly thing you could ever see in Coconut Grove, are all these signs all over the lamp posts, all the streets, signs on the walls of the buildings. Everywhere, they have ten inches, they put a sign up. Vice Mayor Dawkins: OK. Call the roll, Madam Clerk. 62 April 28, 1994 Commissioner Plummer: Have you seen the one now for the thirty -day weight loss? Mr. Gell: Thank you very much. Thank you. Ms. Matty Hirai (City Clerk): Second reading? It's an ordinance. Commissioner Plummer: Well, I think... Excuse me. Mr. Vice Mayor, he makes a very good point. Any signs, not just garage sales. Mr. McManus: That's exactly what the legislation says, Commissioner. Commissioner Plummer: We have been, in the last thirty days, in my neighborhood, inundated with these signs about lose thirty pounds in thirty days. I mean, they are on every damn pole in this City. And Christina, they're emanating out of 2685. You know what I mean. Now, I think that you ought to go to every one of those signs, write them a violation notice and expect them to pay $250 per. And if I find out the City Attorney mitigates any of those $250 signs, I'm going to take it out of his next year's budget. Mr. Rodriguez: Now, let me say something on this. I just checked... Commissioner Plummer: Well, what budget he might have. Mr. Rodriguez: I just checked with Public Works. The figure that I gave you of $250 will be if it is in private property. If it is in the public right-of-way, they don't have a figure. Ms. Christina Abrams: Twenty-five dollars. Commissioner Plummer: How much? Ms. Abrams: Twenty-five dollars. Commissioner Plummer: Oh, no, no, no. They laugh at you with $25. Ms. Abrams: Per sign. Commissioner Plummer: How do we change that? Ms. Abrams: Per sign. Plus, if they don't live in the City of Miami, I don't know what, if our enforcement is limited, because usually, if they don't pay, our ultimate action is to lien the property, and I understand we can't do that outside of the City of Miami. Commissioner Plummer: Or arrest. Or arrest, if you catch them in the act, and they better know that. Now, how do we change that $25 a sign to $250 a sign. Mr. Rodriguez: We can bring you an amendment to the code. Commissioner Plummer: Please do. I so move that the Code be amended, Mr. Vice Mayor. Vice Mayor Dawkins: OK. Well, you can't have two motions, now. We've got to move the first one and come back to the second motion. Commissioner Plummer: All right. So let's get the first one out of the way. Vice Mayor Dawkins: Call the roll on the first motion. 63 April 28, 1994 Ms. Hirai: It's a second reading ordinance. Vice Mayor Dawkins: Read the ordinance, please. Thank you, Madam. Call the roll, Madam Clerk. AN ORDINANCE - AN ORDINANCE (being drafted by the Law Department) Passed on its first reading by title at the meeting of March 24, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11144. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Plummer: I would now move that the ordinance be changed to read, "The penalty shall be on whack per sign," $250. Ms. Abrams: Done by Commissioner... Commissioner Plummer: Well, I'll whack at their wallet, I'll tell you that one. That's all illegal signs that are put up. Now, Mr. City Manager. Mr. Rodriguez: Sir. Commissioner Plummer: The City Commission asked the City Manager about political signs, and I can speak to it, because I'm the next one running, OK? So they can't say that I'm doing it 64 April 28, 1994 for somebody else. To take the signs down politically; that if they don't take them down, the City forces will do it and send these people a bill. Now, what has happened to that? I want to draw your attention, sir, to the corner of Southwest 7th Street and... Help me. Where you come off the expressway, is that 3rd Avenue? 4th Avenue. OK? I want to tell you, overnight, there are nothing but four -by -eights, ugly, ugly signs. And as you go down 7th Street, every telephone pole has one for a judge. Now, we asked the City Manager to come back with an ordinance addressing that if these people did not take their signs down, we would do it with City forces, and we would charge them. And let me tell you, City forces get $28 an hour. They better know it's going to be an expensive item. I'd like to know where that ordinance is, because, let me tell you, election time is coming up, right around the corner. Vice Mayor Dawkins: OK. Is there a second? Commissioner Gort: Second. Mr. Jim Kay: Commissioner, we will... Vice Mayor Dawkins: All those in favor... I mean, call the roll, Madam Clerk. Commissioner Plummer: Well, wait a minute. He wants to add something to the record. Mr. Kay: I just want to say, we will, Public Works will work with the Law Department to come up with that legislation. But right now... Commissioner Plummer: But when? Mr. Kay: Well, right now, there is a problem in that if you don't catch the person in the act of placing the sign up, we have a problem with... Commissioner Plummer: But you can take the sign down. Mr. Kay: Yes, we can. Commissioner Plummer: But when? I want you to go look at that corner. OK? Mr. Kay: Are those on private property or public property, those signs? Commissioner Gort: Private property. Commissioner Plummer: What? It's on... What difference does it make? The ordinance in this City says that the maximum that you can have, as I recall, is two -by -two. That's maximum. You cannot legally put them up on telephone poles, and they've put them up on every telephone pole down 7th Street. Mr. Kay: OK. On any sign in the right-of-way, it will be illegal. On private property, there are limitations and are allowances. Commissioner Plummer: That's right, and there's not one of them legal. They're four -by - eights, and I think the ordinance, if I'm not mistaken, reads two -by -two. Mr. Rodriguez: And we will follow up. You mentioned it was Southwest 7th Street and 4th Avenue, but we also will send notifications to all the different NET (Neighborhood Enhancement Team) areas so they will follow up on their particular... 65 April 28, 1994 Commissioner Plummer: When? Mr. Rodriguez: I will do it today after the meeting for tomorrow. Commissioner Plummer: OK. So then the motion on the floor is to instruct you to change the amount of penalty for any kind of signs in public -rights -of way... Mr. Rodriguez: Right. Commissioner Plummer:... on medians, from the twenty-five to the two hundred and fifty dollar fee; is that correct? Mr. Rodriguez: Right. Commissioner Plummer: OK. That was my motion, I think, Commissioner. Vice Mayor Dawkins: Is the motion understood? Commissioner Gort: Yes, and I second. Vice Mayor Dawkins: Call the roll, Madam Clerk. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.94-296 A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT THE APPROPRIATE LEGISLATION TO AMEND THE CODE IN ORDER TO INCREASE THE FINE PRESENTLY ASSESSED TO VIOLATORS WHO ILLEGALLY POST SIGNS IN THE PUBLIC RIGHT-OF-WAY FROM THE CURRENT $25 TO $250. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT:- Mayor Stephen P. Clark Vice Mayor Dawkins: I vote yes, but I still don't understand how you're going to tell who put the sign up there so that you can find them. Commissioner Plummer: Well, I tell you what you do, Commissioner. You write them a note and you... Vice Mayor Dawkins: No, I'm talking about the signs you're saying for the yard sales and what have you. I don't understand it. Commissioner Plummer: You call the phone number that's listed, or you go to the address of where they tell you the yard sale is. 66 April 28, 1994 N Vice Mayor Dawkins: OK, no problem. Commissioner Plummer: May I ask one other question in relation to this direct? What happened... Vice Mayor Dawkins: If it's to the point. Commissioner Plummer: Yes, it is to the point. It's to... Vice Mayor Dawkins: If it's not to the point, you're out of order. Commissioner Plummer: Sir, it's to the garage sales. Vice Mayor Dawkins: OK. Commissioner Plummer: What happened to the ordinance that says that you could only have one yard sale a year, and you had to take out a permit to do it? Mr. Kay: It's still there. It's still on the books. Commissioner Plummer: Where is it? Mr. Kay: It's in the City Code. Mr. Rodriguez: It's two per year though. Mr. Kay: I thought it was two per year. Commissioner Plummer: Does anyone... Is it two per year? Mr. Kay: I thought it was two per year. Mr. Rodriguez: Right. Commissioner Plummer: All right. And they can't be spaced... They can't have two weekends in a row, right? They can? Mr. Kay: I think they can. Commissioner Plummer: OK. Who is going around checking to make sure they took out a permit? You are? Mr. Rodriguez: The NET office, Depending on the area, though. Commissioner Plummer: I want to tell you something, you don't do it. Ms. Abrams: No they don't pull permits. Commissioner Plummer: Well, then, why... You see, we can sit here and we can make laws all day long, but when people laugh at you and they laugh at me for making a law and say, "What the hell," I don't think we've done anything but make egg on our face, unless we have a penalty that says that you've done wrong. Now, how do we do it? 67 April 28, 1994 WWI Mr. Rodriguez: Right. We... Yeah, let me get Christina on the record. In the meantime, what we do is, we give them a ticket of $500. Ms. Abrams: Right. Commissioner Plummer: Yeah. Mr. Rodriguez: And that's what we do. Commissioner Plummer: When was the last time you issued a ticket for $500? Ms. Abrams: Oh, quite recently. I'd say about six weeks ago. There's one person in particular in the Grove off 17th who has garage sales all over the Grove in various locations. She's been cited three times. Commissioner Plummer: I would hope that the media that are here and the people watching on Channel 9 would understand that if they don't have a permit to put on a garage sale that they are exposing themselves to the possibility of a $500 fine. Now, you know, I can tell you there's one in my neighborhood. I want to tell you, they thumb their nose at you, they tell you, "Forget it, Charlie." They have a garage sale at least once a month, and they just couldn't care less what rules and regulations we put on. They're going to do what the hell they want. So I would hope that that would be the case. And, you know, the minute you start zinging some of these people, others are going to listen. Thank you, Mr. Vice Mayor. -- - -- -- -- -- --- ---------------------------- 22. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED FIRST READING f; ORDINANCE TO AMEND 11000 TEXT TO REDUCE NUMBER OF OFFSTREET TRUCK LOADING BERTHS REQUIRED IN R-3 MEDIUM -DENSITY MULTIPLE FAMILY DISTRICT TO MAY 23RD COMMISSION MEETING. (Applicant: Planning, Building & Zoning Department.) ------------------------------------------------------------------------------------------------------------------- Mayor Dawkins: Item 11. Commissioner Plummer: Thank you, Mr. Vice Mayor. Vice Mayor Dawkins: You're welcome, sir. Commissioner Plummer: I don't like item 11. I don't think we ought to be reducing the number of truck bays, I think we ought to be increasing the numbers. And I'll give you... Here on Mary, the back side of Mayfair. You go by there in the morning, you can't get down that street. I'll give you another one, Coconut Grove Hotel over here. In the morning, when all of those produce people are coming in there, let me tell you, I will never, ever... Vice Mayor Dawkins: It's the Doubletree, Commissioner, not the Coconut Grove. Commissioner Plummer: All right. Well, whatever it is. I will never, ever vote to reduce a truck bay again, OK? This ordinance, I would move to deny. I would not, under any circumstances, drop the number of trucks off of the street. They're parking all over the street, and as far as I'm concerned, they're wrong. So that's... Mr. Joe McManus: Commissioner, I'd just like to make one point. 68 April 28, 1994 Commissioner Plummer: Ha-ha, here comes curly. Mr. McManus: Commissioner, I'd just make one quick point. What we're talking about is reducing the requirement for large, residential buildings. We're leaving commercial the way they are - the current requirement. Commissioner Plummer: Hey, what difference does it make if the trucks are not off the street? That's my concern, OK? I don't care whether it's a condominium, or whatever it is. We don't have enforcement that can go out, and monitor, and write tickets for these people who take advantage, and they love to take their half of the street out of the center. That's wrong, I'm sorry. I'm not sorry, I don't think it's right that the general public should have to be inconvenienced so that these people can park out in the middle. You know what's even worse? I'll tell you what's worse. I look, and I see that there's a place to pull in, and they don't, because they've got to back in and maybe maneuver a little bit, so they just leave it right out in the street. And you know who's the greatest offender? Federal Express and UPS (United Parcel Service). They park in the middle of the street, they leave the damn car running. So I wouldn't vote for it. I still move to deny. Vice Mayor Dawkins: OK. Second. Mr. Traurig. It's been moved and seconded to deny, right? Commissioner Plummer: That's my motion. Vice Mayor Dawkins: OK. Go ahead... And it was moved and seconded. OK, Mr. Traurig, please. Mr. Robert H. Traurig: I'd like to explain what the rationale is to support this ordinance. There is, obviously, a distinction that can be raised between the commercial establishments and the residential establishments. This does not relieve the residential establishments from having truck -loading berths. It just changes the criteria so that they are not identical with the commercial establishments, which have greater need for trucks to park. May we ask, therefore, that we defer the hearing on this item so that we can produce for you the documentation that will be supportive of what we think is an appropriate position by the City Commission on this, rather than to take some precipitous action? We think that to have one loading berth per... Commissioner Plummer: I'm precipitous now. Oh, I've been accused of a lot of things here. Bob, I have no problem of letting you try to convince me otherwise, but let me tell you something, my friend. Unless you can convince me that those trucks are not going to park on the street - which I don't think you can - I'm not going to vote any other way. You might want to say you might reduce the size, because smaller trucks go to condos than the trucks that go to commercial. I might buy that one, all right? Mr. Traurig: But there are certain circumstances where trucks can queue up outside the City right-of-way but not necessarily... Commissioner Plummer: I will continue the item for thirty days. I don't think he's got a shot in hell at convincing me differently, but I'll give you that opportunity. If my seconder agrees, I'll defer it for thirty days. Mr. Rodriguez: Continue to the next Planning and Zoning meeting. Commissioner Plummer: Next Planning and Zoning, whatever that is. Vice Mayor Dawkins: It's been continued until the next Planning and Zoning meeting. When is it, Madam Clerk - what is the date? 69 April 28, 1994 Commissioner Plummer: Hopefully, it's going to be the 24th instead of the 26th. Mr. Rodriguez: Right. But I believe you were... Right, you were trying to change the date, and I was going to remind you of that, sir. Commissioner Plummer: Yes, sir. Vice Mayor Dawkins: OK, the 24th, Mr. Traurig. Commissioner Plummer: Well, you better check, Bob, because we haven't changed the date yet, but we're trying to. Mr. Traurig: The next Zoning, P&Z (Planning and Zoning) meeting. Commissioner Plummer: The 24th, maybe. I Mr. Traurig: OK. Thank you very much. Vice Mayor Dawkins: OK. Item... ' Commissioner Plummer: I move to defer item 11. Vice Mayor Dawkins: Item 11. Anybody in here to speak against the deferral of 11? Is there a Y Y Y P g second? Commissioner De Yurre: (Indicating in the positive.) Vice Mayor Dawkins: Seconded. Call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DE YURRE, ITEM PZ-11 WAS CONTINUED TO MAY 23, 1994 BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark 70 April 28, 1994 ------------------------------------------------------------------------------------------------------------------- 23. (Continued) DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT TO ADD / CLARIFY LANGUAGE / CONDITIONS PERTAINING TO: COMMUNITY BASED RESIDENTIAL FACILITIES, FAMILY CARE HOMES, HALFWAY HOUSES, SINGLE ROOM OCCUPANCY USES, AND THREE-QUARTER WAY HOUSES -- SHEILA ANDERSON TO PROVIDE COMMISSION WITH HER OBJECTIONS PRIOR TO ITEM BEING CONSIDERED ON FIRST READING. (Applicant: Planning, Building & Zoning Department.) (See label 16) ------------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Twelve, PZ-12. Commissioner Plummer: She wanted it deferred. Mr. Sergio Rodriguez: This is the item that Ms. Anderson was trying to address before. Ms. Matty Hirai (City Clerk): They have been withdrawn, haven't they? Commissioner Plummer: Well, Sheila, may I make this suggestion to you? Ms. Sheila Anderson: Of course. Commissioner Plummer: I would suggest, for the interest of time, that we go ahead and pass it on first reading. If you want to make some modifications, you can surrender it to us in writing before the second hearing, and then we can have a full blown hearing when the Mayor is here, on this particular item. Ms. Anderson: Well, Commissioner, since there is a short board, and you've given the opportunity to everybody else who's been here today to defer for that reason, I would request the same courtesy. Commissioner Plummer: Well, she happens to be right. I move the matter be deferred until the next meeting. Vice Mayor Dawkins: Second. Commissioner Plummer: We got to be fair. Mr. Rodriguez: May I say something on this? Commissioner Plummer: We got to be fair. We offered it to everybody else, OK? I'm sorry. I tried to do it the other way. Vice Mayor Dawkins: Call the roll. Call the roll. Ms. Hirai: Commissioner Plummer. Commissioner Plummer: With the proviso that Sheila will provide each and every Commissioner, prior to the second hearing, her objections, so that we'll know what they are, I vote yes. 71 April 28, 1994 Ms. Anderson: With pleasure, Commissioner. Commissioner Plummer: In other words, don't bring them here at the second hearing and surprise me with them. Ms. Anderson: OK. Commissioner De Yurre: Prior to the second or the first hearing? Ms. Anderson: The first, first. Commissioner Plummer: The first hearing, I'm sorry. Ms. Anderson: OK. Mr. Rodriguez: So it will be continued until the next Planning and Zoning meeting. Commissioner Plummer: All right. Vice Mayor Dawkins: OK. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.94-297 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-12 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO ADD AND CLARIFY LANGUAGE AND CONDITIONS PERTAINING TO "COMMUNITY BASED RESIDENTIAL FACILITIES," "FAMILY CARE HOMES," "HALFWAY HOUSES," SINGLE ROOM OCCUPANCY USES," AND "THREE-QUARTER WAY HOUSES" IN CERTAIN DISTRICTS AND UNDER CERTAIN CONDITIONS CONSISTENT WITH FLORIDA STATE STATUTES) TO THE NEXT PLANNING AND ZONING MEETING, IN ORDER TO HAVE A FULL COMMISSION PRESENT ON SAID ISSUE; FURTHER STIPULATING THAT SHEILA ANDERSON WILL PROVIDE EACH MEMBER OF THE COMMISSION WITH HER OBJECTIONS TO SAID ISSUE PRIOR TO ITS CONSIDERATION ON FIRST READING. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark 72 April 28, 1994 bg eoll ------------------------------------------------------------------------------------------------------------------ 24. (Continued) RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING IN MAY TO TAKE PLACE MAY 23, 1994, COMMENCING AT 3:00 P.M. (See label 9) Vice Mayor Dawkins: All right, 13. Commissioner Plummer: I now move that the next Commission... Commissioner De Yurre: Wait a minute, wait a minute. Commissioner Plummer: Thirteen and 14 have been deferred already... withdrawn. Mr. Sergio Rodriguez (Assistant City Manager): 13 and 14 have been withdrawn. Vice Mayor Dawkins: OK. Commissioner Plummer: I now move that the Commission meeting of the 26th be changed to the 24th, if no Commissioner has an objection. Commissioner Gort: Twenty-sixth of May? Commissioner Plummer: Yes. It's from a Thursday to a Tuesday, right? Commissioner Gort: Also, I have a motion. Commissioner Plummer: What? How big of an agenda is it? Commissioner Gort: I'm not here. Commissioner Plummer: You're not here? A. Quinn Jones, III, Esq. (City Attorney): What time? You're taking up the reappointments, as well Commissioner Plummer: How about the... Victor, what about the 23rd, Monday? Vice Mayor Dawkins: That's OK with me. OK. Commissioner Plummer: The 23rd? I move that the matter be on the 23rd, so we can all have a long Memorial Day Weekend. Mr. Jones: Will we have the regular agenda in the morning? Vice Mayor Dawkins: All right. Anybody second? Commissioner De Yurre: (Indicating in the positive.) Vice Mayor Dawkins: OK. All right, call the roll, Madam Clerk. 73 April 28, 1994 mil W Mr. Rodriguez: Mr. Mayor. Commissioner Plummer: Wait, wait a minute, hold it. You need to know a time. Mr. Rodriguez: Establish a time. We don't have an idea of the agenda yet, because we haven't gone through the Planning Advisory Board. Let us shoot for 4:30. Commissioner Plummer: Three o'clock. Mr. Rodriguez: Four -thirty. Mr. Jones: Remember, you're also supposed to take up the... Vice Mayor Dawkins: We'll make it 3:00 o'clock, and then if we have to recess because of a shorter number, we'll recess. Mr. Rodriguez: OK. Mr. Jones: You continued the appointments, so I don't know how you want to handle that. Commissioner Plummer: No, that's going to be at May 5th, isn't it? Mr. Rodriguez: Yeah, May 5th. Commissioner Plummer: The appointments to the boards? Mr. Jones: No, no, no. You said... No, I'm talking about the appointments of the Manager, myself and the Clerk, at the May 26th. Commissioner Plummer: Well, we'll take care of that, too. That's a two -minute item. Let's take care of the important things first. Mr. Rodriguez: So May 23rd. Vice Mayor Dawkins: Call the roll. Call the roll, Ms. Clerk. Ms. Hirai: What time? Mr. Rodriguez: Three. Vice Mayor Dawkins: Ma'am? Ms. Hirai: Three o'clock. Mr. Jones: Three o'clock? Commissioner Plummer: Three o'clock is fine. Ms. Hirai: Three o'clock. 74 April 28, 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-298 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN MAY TO TAKE PLACE MAY 23, 1994 COMMENCING AT 3:00 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark ------------------------------------------------------------------------------------------------------------------- 25. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING IN JULY TO TAKE PLACE JULY 21, 1994, COMMENCING AT 9:00 A.M. ------------------------------------------------------------------------------------------------------------------- Vice Mayor Dawkins: Commissioner Gort. Commissioner Gort: Mr. Vice Mayor, I understand we have a... On July the 28th, we have a Planning and Zoning meeting. Vice Mayor Dawkins: Yeah. Commissioner Gort: On that date, I'm going to be out of town at a convention that deals with the elected official that I belong to, the national conference. And I'd like to go to that one, and I'd like to see if we could change the meeting of the 28th. Vice Mayor Dawkins: Twenty-eighth? Commissioner Gort: Yes. Commissioner Plummer: From the 28th? 1 Commissioner Gort: From the 28th to the 27th or the 26th, whatever. Unidentified Speaker: What month? � Mr. Sergio Rodriguez (AssistantManager):City July. 75 April 28, 1994 Commissioner Plummer: July. Wait a minute. There's only one consideration you better take in, and that is that's our last meeting before our break, and we... When are we getting the budget? Vice Mayor Dawkins: On September 4th, when you have to vote for it. Commissioner Plummer: No, no, no. Vice Mayor Dawkins: Hey, it's been happening for 13 years since I've been here. This is nothing new. Commissioner Plummer: Excuse me. There is a policy of this Commission, I think, budget has to be in our hands by the 15th of June. Vice Mayor Dawkins: Beg your pardon? Commissioner Plummer: By the 15th of June. Vice Mayor Dawkins: You know, it's amazing. I've been here 13 years, and for 13 years, I've said the Manager should have the budget in our hands in March, OK? Commissioner Plummer tells me every year, "I will not vote for it if I don't have it." When time comes to pass the budget, Commissioner Plummer says - if you think I'm lying, check the records - "I will not be the one to stop this great City from receiving money. Therefore, I move the budget." That happens every year. Commissioner Plummer: Sir. Vice Mayor Dawkins: So what's the problem? Commissioner Plummer: What do you want to do? Vice Mayor Dawkins: Nothing. Whatever y'all want to do. I'm a five/one loser. Commissioner Gort: I want to change the meeting to the 27th, if possible. That's what I want. Vice Mayor Dawkins: That's right, the 27th. Commissioner Plummer: Move to deny. Commissioner Gort: July 27th, rather than the 28th. Commissioner Plummer: How about the week before? Commissioner Gort: Fine. I don't have any problem with the week before. Commissioner Plummer: How about the Thursday before? Commissioner Gort: I don't have any problem. Vice Mayor Dawkins: OK. Wait a minute, now. All right. Well, what is the week before, what's the date? Mr. Rodriguez: Twenty-first. 76 April 28, 1994 Commissioner Plummer: It's the 21st, isn't that the Thursday prior? We need a smaller map. Commissioner Gort: The 21st. Vice Mayor Dawkins: OK. Are you clear on the 21st? OK, all right, somebody move it please. Commissioner Gort: Move. Vice Mayor Dawkins: All right. Second? OK now, all... Call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 94-299 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN JULY TO TAKE PLACE JULY 21, 1994 COMMENCING AT 9:00 A.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark Vice Mayor Dawkins: Now, all of this depends on the Mayor being able to make it, OK? Commissioner Plummer: Of course, subject to that, yes. Vice Mayor Dawkins: OK. Subject to the Mayor being able. OK. 77 April 28, 1994 ------------------------------------------------------------------------------------------------------------------- 26. DIRECT ADMINISTRATION TO DRAFT LETTER TO DADE COUNTY SCHOOL BOARD, SUBJECT TO APPROVAL BY CITY ATTORNEY, STATING THAT THE CITY COMMISSION MUST BE CONSULTED PRIOR TO ANY ACTIONS BEING TAKEN BY THE BOARD IN CONNECTION WITH POSSIBLE DISPLACEMENT OF CERTAIN RESIDENTS OF THE CORAL GATE COMMUNITY FOR PROPOSED ESTABLISHMENT OF NEW SCHOOL IN SAID AREA. ------------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Vice Mayor. Vice Mayor Dawkins: Yes. Commissioner Plummer: I would like to not make a motion, it is not a pocket item, but I think... Vice Mayor Dawkins: What is it then? Commissioner Plummer: Well, I think it's a great concern to this Commission. I saw yesterday about Coral Gate, and the problem with people being placed out of their homes. I would hope - and whether this Commission wishes to act or not - that any action that the School Board is going to take about establishing in the City of Miami a new school in which that they're either going to displace people out of their homes or take - they're now talking about taking Shenandoah Park - that this Commission would be consulted prior to any action being taken, so that we, the Commissioners who supposedly run this City, will not be at odds with our people. And I would hope... Whether you want to accept a motion or not, I don't care, but I'm going to tell you that as for one Commissioner here, I think it is atrocious that these people... There were nineteen people who could have lost their homes. Thank God, it changed. They screamed loud and long. And I would say that the School Board has an obligation to this Commission to come here and discuss the matter with us before they go to any kind of a scenario. Commissioner Gort: Maybe they ought to change the zoning. Commissioner Plummer: No, they don't need... No. The School Board can do what the hell they want without our approval. Vice Mayor Dawkins: Just like the Federal Government. Commissioner Plummer: Just like the post office. Commissioner Gort: I'll second the motion, if you're making that motion. Vice Mayor Dawkins: OK, under discussion. But I don't want you to say, "be consulted." I want you to put something in there where, when they come, if I say "no," I mean, we can fight it some kind of a way. If they come and consult you and still go do what they want to do, what good is consulting? Vice Mayor Dawkins: Well, I'll tell you what, Mr. Vice Mayor. Vice Mayor Dawkins: OK. Go ahead. Commissioner Plummer: Very simply. I can remember on a number of occasions in which the School Board has come down here and asked for favors; namely, closing streets, relocating this, 78 April 28, 1994 and relocating that. And I'll tell you, my father brought me up that cooperation is a two-way street. Vice Mayor Dawkins: Well, be sure you tell them that when you tell them about the piece of property they gave to the homeless center downtown, too. OK, call the roll. Commissioner Plummer: Wait a minute. I would like the Administration to hear what we're talking about, OK? Now you... I would like to see a letter that you're drawing up, with the approval of the City Attorney telling the School Board that before they do anything in the future, or in this particular case, that they come and consult with this Commission, or talk with this Commission, or apprise this Commission, so if there are people who can be adversely affected, we can work on their behalf and fight for their cause. I so move. Vice Mayor Dawkins: Commissioner Gort seconds. Call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-300 A MOTION DIRECTING THE CITY ADMINISTRATION TO DRAFT A LETTER TO THE DADE COUNTY SCHOOL BOARD, SUBJECT TO THE APPROVAL BY THE CITY ATTORNEY, STATING THAT THE MIAMI CITY COMMISSION MUST BE CONSULTED PRIOR TO ANY ACTIONS BEING TAKEN BY THE SCHOOL BOARD CONCERNING POSSIBLE DISPLACEMENT OF RESIDENTS OF THE CORAL GATE COMMUNITY IN CONNECTION WITH THE PROPOSED ESTABLISHMENT OF A NEW SCHOOL IN SAID AREA. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark COMMENTS MADE DURING ROLL CALL: Commissioner Gort: Before I vote, I want you to know, we had a meeting in the Shenandoah NET (Neighborhood Enhancement Team), and the School System was there, and all the neighbors voted against taking any part of Shenandoah Park. Yes. Vice Mayor Dawkins: Supported it? Supported putting the school in... Commissioner Gort: No, no. Voted against taking the park away. Vice Mayor Dawkins: Oh. COMMENTS MADE AFTER ROLL CALL: 79 April 28, 1994 Commissioner Plummer: Who is the girl that is the NET (Neighborhood Enhancement Team) of Shenandoah? She is to be commended. She stood up at that podium yesterday, and I want to tell j you something, I was proud of her being a City resident, the way she fought those people, and the way she told it like it was. ------------------------------------------------------------------------------------------------------------------- 27. DIRECT ADMINISTRATION TO FORWARD TO EACH MEMBER OF CITY COMMISSION PROPOSED FY'95 BUDGET NO LATER THAN JULY 4, 1994. ------------------------------------------------------------------------------------------------------------------- Commissioner Plummer: You want to reiterate on the budget? I'll make a motion. I'll make a motion at this time that the Administration have in our hands no later than the 4th of July, the budget for the coming year. You want to do that? Commissioner De Yurre: Second. Vice Mayor Dawkins: What? Go ahead. What? Call the roll, whatever. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-301 A MOTION DIRECTING THE CITY ADMINISTRATION TO FORWARD TO EACH MEMBER OF THE CITY COMMISSION THE PROPOSED FY'95 BUDGET NO LATER THAN JULY 4, 1994. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: None. ABSENT: Mayor Stephen P. Clark THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:05 P.M. Stephen P. Clark MAYOR ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK 80 April 28, 1994