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Home My WebLink AboutCC 1994-05-23 MinutesCITY OF PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL r. MATTY HIRAI city clerk r INDEX MINUTES OF REGULAR MEETING May 23, 1994 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. EXPRESS SYMPATHY AND CONDOLENCES TO R 94-347 1-2 FAMILY AND FATENDS OF ANN-MARIE ADKER, 5/23/94 CIVIC ACTIVIST, WHO ALWAYS FOUGHT FOR SURVIVAL OF THE OVERTOWN AREA ON BEHALF OF THE CITY OF MIAMI COMMISSION AND ITS RESIDENTS. 2. (A) EVALUATION OF CITY MANAGER -- AMEND R 94-348 3-9 PRIOR R-86-11 (ADOPTED 1-9-86) -- M 94-349 MODIFY COMPENSATION, BENEFITS AND 5/23/94 BPS FOR CESAR H. ODIO, AS CITY MANAGER. (B) STIPULATE COMMISSION'S DIRECTIVE TO HIRE AN OUTSIDE COMPANY TO PERFORM AN EFFICIENCY AUDIT IN ORDER TO EVALUATE ALL CITY OPERATIONS, TO IDENTIFY POSSIBLE WASTE OF CITY MONIES, AND TO EVALUATE GOALS AND OBJECTIVES OF CITY DEPARnE NPS -- COMNT[SSIONER GORT TO COME BACK WITH RECOMMEMATION AS TO SUITABLE COMPANY FOR THE CONDUCT OF SAID AUDIT. 3. (A) ELECT AND REAPPOINT A. QUINN JONES, R 94-350 10-16 III, AS CITY ATTORNEY -- FIX SALARY AND R 94-351 BENEFITS. 5/23/94 (B) ESTABLISH POLICY THAT CITY ATTORNEY SHALL PREPARE HIS DEPARTMENT'S BUDGET AND PRESENT IT DIRECTLY TO THE CITY COMMISSION FOR APPROVAL, FOR INCORPORATION INTO THE CITY'S A R]AL BUDGET. 4. (A) REELECT AND REAPPOINT MATTY HIRAI R 94-352 16-20 AS CITY CLERK -- FIX SALARY AND R 94-352.1 BENEFITS. 5/23/94 (B) RATIFY THE REELECTION AND REAPPOINTMENT.' OF WALTER FOEMAN AS ASSISTANT CITY CLERK -- SALARY AND BENEFITS FIXED BY THE CITY COMMISSION. 5. GRANT FUNDING REQUEST (IN -KIND CITY R 94-353 SERVICES) BY MR. ROBERT J. R0DRIGUEZ, 5/23/94 PRESIDENT, NATCOM MARKETING, CONCERNING THE MIAMI MILE EVENT. 6. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE SECTIONS 14-26, 38-73 AND 2-422 11151 CONCERNING MEMBERSHIPS / APPOINTMENT 5/23/94 PROCEDURES / CHAIRPERSON PROVISIONS / POWERS OF CHAIRPERSON, AS APPLICABLE TO: (a) BAYFRO T.0 PARK MANAGEMENT TRUST, (b) DUANIUM DEVELOPMENT AUTHORITY BOARD, AMID (c) INTEMTIONAL TRADE BOARD. (See label 9) 7. EXECUTE PROFESSIONAL SERVICES AGREEMENT R 94-354 WITH ARTHUR ANDERSEN & COMPANY -- TO 5/23/94 CONDUCT FEASIBILITY STUDY FOR DEVELOPMENT OF TWO HOTELS: (a) ONE IN LITTLE HAVANA (AT APPROXIMATELY S.W. 15 AVENUE AND S.W. 8 STREET); AND (b) ONE IN CITERTC7WN / PARK WEST (AT APPROXIMATELY N.W. 1 AVENUE AND N.W. 4 STREET) -- AGREEMENT NOT TO EXCEED $50,000. 8. EXECUTE INTERLOCAL AGREE?v1E TI' WITH R 94-355 METROPOLITAN DADE COUNTY, PROVIDING FOR 5/23/94 A CITY ENGINEERING COORDINATOR FOR COUNTY SEWER PROJECTS RELATIVE TO STATE AND FEDERAL AGREEMENTS WITHIN THE CITY OF MIAMI. 9. (Continued) DISCUSSION CONCERNING CITY DISCUSSION RESIDENCY REQUIREMENTS FOR MEMBERS OF 5/23/94 BAYFRONT PARK MANAGEMV TRUST, DU&ROWN DEVELOPMENT AUTHORITY BOARD, AND INTERNATIONAL TRADE BOARD -- DIRECT CITY ATTORNEY TO AMEND SCOPE OF RESIDENCY REQUIREMENT TO INCORPORATE ALL MEMBERS WHO OWN REAL ESTATE WITHIN CITY LIMITS. (See label 6) 10. REFER BACK TO CITY MANAGER FOR M 94-356 RECONSIDERATION PROPOSED ACCEPTANCE OF 5/23/94 PLAT: OAK SHADOW (LOCATED AT EMATHLA STREET AND SECOFFEE STREET, COCONUT GROVE) -- DIRECT MANAGER TO BRING ISSUE BACK FOR FURTHER CONSIDERATION BY CITY COMMISSION AT JUNE 30TH MEETING. 20-22 23-25 25-29 29-30 30-33 33-43 11. ALtXATE $35,000 FROM LAW ENFORC04ENT R 94-357 TRUST FUND (LETF) TO YOUTH H.E.L.P. 5/23/94 (HANDGUN EXCHANGE LEADERSHIP PROGRAM) IN AN EFFORT M TRY TO REDUCE HANDGUN VIOLENCE. 12. CODESIGNATE N.W. 1 PLACE FROM N.W. 14 R 94-358 STREET TO N.W. 20 STREET AS: PHILLIS WHEATLEY PLACE. 5/23/94 13. DISCUSS AND CONTINUE (TO JUNE 30TH DISCUSSION MEETING) CONSIDERATION OF PROPOSED 5/23/94 RESOLUTION LNG REQUEST FOR A SPECIAL EXCEPTION AT 700 N.W. 54 STREET TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION AS TO REQUIRED NUMBER OF PARKING SPACES. (Applicant: Robert G. Brown.) (See label 17) 14. SECOND READING ORDINANCE: AMEND 10544 ORDINANCE (MCNP) FURM LAND USE MAP -- CHANGE 11152 LAND USE DESIGNATION AT 2517-21 S.W. 7 5/23/94 STREET FROM SINGLE FAMILY RESIDENTIAL TO MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES. (Applicant: Planning, Building & Zoning Dept.) 15. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS -- CHANGE ZONING CLASSIFICATION 11153 AT 2517-21 S.W. 7 STREET FROM C-1 5/23/94 RESTRICTED C"ERCIAL TO G/I GOVERMENT / INSTITUTIONAL. (Applicant: Planning, Building & Zoning Dept.) 16. DISCUSSION CONCERNING POSSIBLE DISCUSSION SCHEDULING OF PLANNING AND ZONING ITEMS 5/23/94 BEFORE 5:00 P.M. 17. (Continued) DISCUSSION CONCERNING DISCUSSION REQUEST FOR SPECIAL EXCEPTION AT 700 5/23/94 N.W. 54 STREET TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION AS TO REQUIRED NUMBER OF PARKING SPACES. (Applicant: Robert G. Brown.) (See label 13) 44-46 46-47 48-52 52-54 54-56 56-57 58-59 18. DISCUSSION CONCERNING ALARMING DISCUSSION 59-61 PERCMAGE OF TAX EXEMPT PROPERTIES 5/23/94 WITHIN CITY LIMITS DESPITE THE FACT THAT THE CITY IS STILL OBLIGATED TO RENDER SERVICES -- DIRECT CITY ATTORNEY M AMEND APPLICABLE RESOLUTION FOR ADOPTION BY CITY CCK1ISSION SHOWING CCMSSIO1ER PI M M AS A MEMBER OF SAID CC4nTTEE. (See label 24) 19. DISCUSS AND CONTINUE (TO JUKE 9TH M 94-359 61-76 MEETING) CONSIDERATION OF AN APPEAL OF 5/23/94 THE HISTORIC AND ENVIRO gMAL PRESERVATION BOARD'S DENIAL OF AN APPLICATION FOR REMOVAL OF AN OAK TREE AT 2129 TIGERTAIL AVENUE -- DIRECT APPLICANT (DR. NEIL A. FISHER) TO OBTAIN AN INDEPENDENT ENGINEERING REPORT TO DETERMINE WHETHER R SAID OAK TREE IS, IN FACT, CAUSING STRUCTURAL DAMAGE TO SAID PROPERTY. 20. ACCEPT DONATION OF NINE TRASH M 94-360 77-78 RECEPTACLES FRCM N. EDRISI, P. EDRISI, 5/23/94 T. BARRETT, S . DE LE 40S AMID I . KLZER (APPLICANT'S) RELATED TO A WITHDRAWN APPEAL ACTION WHICH HAD SOUGHT TO REVERSE A SPECIAL EXCEPTION PREVIOUSLY GRANTED BY THE ZONING BOARD FOR LOTS OVER 5,000 SQUARE FEET TO AUM ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF rM AREA IN CONNECTION WITH A TOTAL OF TEN ALREADY EXISTING DWELLING UNITS AT 3156-58-60-62-64-66-68-70-72-74 VIRGINIA STREET. (Appellant: Joyce Nelson for Coconut Grove Civic Club & James McMaster.) 0 21. DISCUSS AND CONTINUE (M JUNE 30TH M 94-361 79-98 MEETING) CONSIDERATION OF PROPOSED 5/23/94 RESOLUTION TO AMEND R-80-334, REGARDING LA SANTA MARLA RESIDENTIAL PROJECT (1643 BRICia;LL AVENUE), SEEKING TO PROVIDE FOR A WAIVER OF THE CITY'S CHARTER WATERFRONT SETBACK PROVISION, SUBJECT TO CONIDITIONS UNDER R-80-334 AND PERTINENT LANDSCAPING PLANS ON FILE -- REQUEST ATIORRTEY FOR OPPONENTS (CHRIS KORGE) TO SUBMIT A LIST OF ITEMS WHICH CONSTITUTE POSSIBLE AREAS OF COMPROMISE BOTH TO THE COMMISSION AND ATIURNEY FOR APPLICANT (ROBERT TRAURIG) -- DIRECT MR. TRAURIG TO SUBMIT ANSWERS TO THE CITY CCMMISSION CONCERNING SAID ITEMIZED LIST. (Applicant: SM Brickell Limited Partnership.) 22. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 98-100 TEXT -- REDUCE NUMBER OF OFFSTREET FIRST READING TRUCK LOADING BERTHS REQUIRED IN R-3 5/23/94 MEDIUM -DENSITY MULTIPLE FAMILY DISTRICT. (Applicant: Planning, Building & Zoning Dept.) 23. DISCUSS AND CONTINUE (TO JUNE 30TH M 94-362 101-106 MEETING) CONSIDERATION OF PROPOSED 5/23/94 FIRST READING ORDINANCE TO AMEND 11000 TEXT TO CLARIFY LANGUAGE REGARDING CCMMUN'ITY BASED RESIDENTIAL FACILITIES, PERMIT FAMILY CARE HOMES IN RESIDENTIAL DISTRICTS, AND PERMIT HA1hWAY / THREE- QUARTER WAY HOUSES / SINGLE ROOM HOUSES CONDITIONALLY IN CERTAIN DISTRICTS, ETC. 24. (A) (Continued) EMERGENCY ORDINANCE: ORDINANCE 107-109 AMEND 11130, WHICH ESTABLISHED THE 11154 NUMBER OF MEMBERS FOR THE TAX-EXEMPT R 94-363 PROPERTY STEERING COMMITTEE FROM 5 TO 6 5/23/94 MEMBERS. (See label 18) (B) AMEND RESOLUTION 93-285 -- ADD A SIXTH VOTING MEMBER (WHO SHALL BE A COMMISSIONER) TO TAX-EXEMPT PROPERTY STEERING COMMITTEE -- APPOINTED WAS CC MISSIC NER J.L. PIUMIER, JR. 25. RESCHEDULE JUNE 23RD CCMISSION MEETING R 94-364 109-111 TO TAKE PLACE ON JUKE 30, 1994. 5/23/94 26. 27. 28. 014 EMERGENCY ORDINANCE: AMEND CODE ORDINANCE 112-113 SECTION 52.6-3 (POWERS OF CHAIRPERSON 11155 OF MI SPORTS AND EXHIBITION 5/23/94 AUIRORITY) TO INCLUDE POWER TO APPOINT TWO VICE CHAIRPERSONS, ONE SECRETARY AND ONE TREASURER FROM A43M AUTHORITY'S BOARD MEMBERS. BRIEF COMMENTS BY COMMISSIONER GORT DISCUSSION 113-114 OONC MUM GREAT SUCCESS OF THE RECENT 5/23/94 MEETING OF INTERNATIONAL TRAVEL AGENTS HELD IN MIAMI. REFER TO CITY MANAGER REQUEST FROM M 94-365 114-116 HELEN PANCOAST IN CONNECTION WITH 5/23/94 SUBORDINATION OF MORTGAGE OF BAKEHOUSE ART COMPLEX -- DIRECT MANAGER TO WORK TOGETHER. WITH SAID INDIVIDUAL AND, SUBJECT TO ALL MATTERS BEING RESOLVED AND ALL REQUIREMENTS BEING MET, AJIHORIZE MANAGER TO ISSUE LETTER OF MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 23rd day of May, 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 mr-ting was called to order at 3:08 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: ALSO PRESENT: Mayor Stephen P. Clark Vice Mayor Miller J. Dawkins Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Clark who then led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF ANN-MARIE ADKER, CIVIC ACTIVIST, WHO ALWAYS FOUGHT FOR SURVIVAL OF THE OVERTOWN AREA ON BEHALF OF THE CITY OF MIAMI COMMISSION AND ITS RESIDENTS. Commissioner Plummer: Mr. Mayor, as a point of personal privilege, and I'll defer to my colleague Miller Dawkins, I don't think that we can let go by without recognizing the sad duty of... Annie Marie Adker who has passed away, who was a very active person in this Commission and in this community. Miller knew her better than I did, and I would ask him to please spread across the record that which we would want to convey to the family. Vice Mayor Dawkins: I would hope that the whole City of Miami would join us in acknowledging that a faithful citizen left, a person who never fought for anything but Overtown, was never here asking for anything for Anne -Marie Adker. And she will truly be missed. But I would hope that one, two, three or four people in Overtown would step forward to fill the void that was left by Mrs. Adker, and I'm sure that this Commission will continue to do what it can to fill the dream of Mrs. Adker as far as Overtown is concerned. And I will move that this Commission pass a resolution sending it to her family. May 23, 1994 Commissioner Plummer: I'll second the motion and ask the Clerk to please make that available... The service, the memorial service, will be on Saturday, and that can be presented at that time, I think it would be appropriate. Mayor Clark: All right. Cast a unanimous ballot on that motion, Madam Clerk. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-347 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF ANN-MARIE ADKER UPON HER UNTIMELY DEATH. (Body of the 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. 2 May 23, 1994 ---------------------------------------------------------------------------------------------------------------- 2. (A) EVALUATION OF CITY MANAGER -- AMEND PRIOR R-86-11 (ADOPTED 1-9-86) -- MODIFY COMPENSATION, BENEFITS AND EMOLUMENTS FOR CESAR H. ODIO, AS CITY MANAGER. (B) STIPULATE COMMISSION'S DIRECTIVE TO HIRE AN OUTSIDE COMPANY TO PERFORM AN EFFICIENCY AUDIT IN ORDER TO EVALUATE ALL CITY OPERATIONS, TO IDENTIFY POSSIBLE WASTE OF CITY MONIES, AND TO EVALUATE GOALS AND OBJECTIVES OF CITY DEPARTMENTS -- COMMISSIONER GORT TO COME BACK WITH RECOMMENDATION AS TO SUITABLE COMPANY FOR THE CONDUCT OF SAID AUDIT. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: First item on the agenda for 3 o'clock, part A. We have no proclamations or presentations to make. Discussion concerning the evaluation of the City Manager. The City Manager has responded to the Transition Committee's report, questions, and answers. And I don't know whether everyone has received that, and read it or not. His answers and questions were... two questions were very adequate for my concern. I ask for input. If not, we'll move forward. Commissioner Plummer: Mr. Mayor, it is usually at that particular time that I assume that, as long as I've been here, there's never been a so-called negative response. And that is the time that we consider monetary consideration for the Manager. If I'm not mistaken, Mano, it's been three years. I think it's been three years since the Manager has had an increase in his compensation. Am I correct, three years? Vice Mayor Dawkins: Yeah, you are correct. Commissioner Plummer: Three or more. Vice Mayor Dawkins: You are correct in saying that the Manager has not received any direct compensation. But you are incorrect when you say that he's not received anything because we added money to his pension plan. Commissioner Plummer: If you would have let me continue... Vice Mayor Dawkins: OK. Thank you. Commissioner Plummer: ...I would have been glad to add that to it. Vice Mayor Dawkins: OK. Well, add that to it. Make it... I mean, I have no problems with it. But let's not... Commissioner Plummer: Why we didn't... Vice Mayor Dawkins: ...put something in the record that doesn't go there. Commissioner Plummer: What we did, in effect, and the only thing that he has received, and I think it was two years ago, was that for the purposes of his pension, we did give him a raise, but he did not take dollars in his pocket. It was a greater contribution to his pension fund. Mr. Mayor, at which time, if the Commission is so pleased... 3 May 23, 1994 Mayor Clark: If there is no concern, you make the motion. Commissioner Plummer: I will be glad to make the inodon. I think it will be in order after all of these years that he will be afforded a raise of ten percent in his salary, and like wise the equivalent toward his pension. And I think... I asked Mano to prepare those numbers for me. If I could, Mr. Mayor, I would read the following: "A resolution amending Section 8, of Resolution 86-11, adopted January the. 9th of '86." I'm incorrect. "As amended, thereby modifying certain compensation benefits and emoluments to be received by Cesar H. Odio, City Manager of the City of Miami." And let me read into the record Section 8. The annual salary for the City Manager, Cesar Odio, will be $116,887 effective today, May 23, 1994. For pension purposes, the annual salary will be 154. All salary increases, for pension purposes approved hereinabove, Cesar H. Odio's annual salary of 116 less any increase in payroll deductions related to such salary increase will be reimbursed by Cesar Odio to the City as long as he remains on the City payroll. I so move. Have you passed this out to the others? Vice Mayor Dawkins: I second, and under discussion. Mayor Clark: Second the motion by Mr. Dawkins. Discussion, Vice Mayor Dawkins: Are you going to do this for the City Clerk, Assistant City Clerk, and the City Attorney? Commissioner Plummer: Unless you beat me to the point, the answer is yes. Vice Mayor Dawkins: All right, then I will move that what... I mean, my motion when this one passes, is that Mr. Plummer read the same thing, and that it apply to the City Attorney, and to the City Clerk and the Assistant City Clerk. No further discussion, Mr. Mayor. Mayor Clark: Call the roll. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir, Mr. Gort. Commissioner Gort: Is the discussion still open or? Commissioner Plummer: Sure it is, always. Mayor Clark: Yes, it sure is. Commissioner Gort: Being the new guy on the block, like J.L. says, I always have a lot of questions. And I don't have any problems with this motion, but at the same time, one of the commitments that I think we made is... I've read some of the reports, and you know you can be very good in creative writing and so on. But, somehow, I think we have to establish an audit system in here where we can have an independent audit of each one of the departments, not only the City Manager, but the Attorneys, and the City Clerk. I need more information than just what I'm receiving. And, more or less, I'm very satisfied, very happy. There are some of the fields that I'm not an expert at it, so I need outside, someone from the outside telling me that the job is being done. And I would like to see us establish a system where we can come back - where we have set goals and standards and things we would like to meet - and come back and see if those goals and standards have been met. Mayor Clark: That's not a problem. I think that's very responsible. 4 May 23, 1994 f Commissioner Plummer: Well, may I inquire? Mr. Gort, we have an outside audit every year that is done. Now, I think what I hear you trying to say is an audit, a management audit? Commissioner Gort: A management audit. Commissioner Plummer: Ah. Just for the record, we did, some years ago, we had a management team of five people who were pulled from different departments. And I think that's where Frank May came from originally. And they did it in-house, and I want to tell you something, they were extremely good. They did department by department by department. Now, if you feel that an outside audit... you know, the only question I would have is to the cost factor. Vice Mayor Dawkins: OK. I have a motion. Commissioner Gort: I don't want any addition... Excuse me, Mr. Miller. I don't want additional cost to the City, an inside audit is fine with me... Vice Mayor Dawkins: Well, I do. Commissioner Gort: ...if they can give me a report on each one of their performance, the goals that they had set, if they have been met. And what can be done to meet them. Because I think we need to do that. Vice Mayor Dawkins: I have a motion to make, but it's not on the question, so I'll reserve it till after you make the motion. Mayor Clark: All right. The motion... first of all, on the motion by Mr. Plummer, call the roll on that, Madam Clerk. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-348 A RESOLUTION AMENDING SECTION 8 OF RESOLUTION NO. 86-11, ADOPTED JANUARY 9, 1986, AS AMENDED, THEREBY MODIFYING CERTAIN COMPENSATION BENEFITS AND EMOLUMENTS TO BE RECEIVED BY CESAR H. ODIO AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. Upon being seconded by Vice Mayor Dawkins, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Vice Mayor Dawkins: I move the same resolution, and I wish Commissioner Plummer would read it for the City Clerk... -5 May 23, 1994 Commissioner Plummer: You have... I Vice Mayor Dawkins: ...the City Attorney, and... Commissioner Plummer: Mister. Vice Mayor Dawkins: No, wait a minute, I'll have to wait until they are... OK. Commissioner Plummer: My question... Vice Mayor Dawkins: Let me say this... Commissioner Plummer: My question to the City Attorney, I assume that... Vice Mayor Dawkins: Wait a minute, J.L., I did not yield to you, please. Commissioner Plummer: You yield to... Vice Mayor Dawkins: I don't yield to nobody, I yield to Miller Dawkins. Commissioner Plummer: OK. He's a "tough nut to crack." Vice Mayor Dawkins: Mr. Mayor. Mayor Clark: Yes, sir. Vice Mayor Dawkins: And my fellow Commissioners, I agree with Commissioner Gort. I've said from day one that there needed to be some form of MBO's (Management by Objectives), for lack of a better word, with some measurable benchmarks to determine if you've reached those goals or not. But if you saw in the paper yesterday, saw the Voice of Florida, one of the main concerns that I'm concerned about is, it said wasteful spending. And 72 percent of the j people who were questioned said they were concerned about wasteful spending. Now, I don't know if we do it or not. I don't think that we do. But I remember one time when there was an audit done on this City to determine how effectively it was running, and I would like to make a motion that this City Commission provide $100,000 for an outside firm. I get tired of the "Big Eight" who come in here, Mr. Mayor, who have contracts with this company... City, who I don't feel bring back - that's my opinion - a fair audit. But we should be able to get an outside firm to come in and tell us and the citizens of Miami, "Yes, you are spending money wastefully," or "No, you are not." And come in and really do an effective evaluation of how we have allowed the City to be run. And I would so move. Commissioner De Yurre: Second for discussion purposes. Mayor Clark: All right. Discussion, Mr. De Yurre. Commissioner De Yurre: Mr. Mayor, just the $100,000 figure, you know, where did that figure come from? Could it be less? - could it be more? I mean... Vice Mayor Dawkins: OK. Up to... Yes, yes, I don't know either, Mr... Commissioner Plummer: Not to exceed. Vice Mayor Dawkins: I don't know what it is,... see? But I'm like you. Whatever it will cost. It may cost more than that, it may cost less than that. 6 May 23, 1994 Commissioner De Yurre: OK. Now, is this pretty much in line to what Commissioner Gort is saying? Vice Mayor Dawkins: Yes. Commissioner De Yurre: To bring... Willy. Commissioner Plummer: It's got to be. Commissioner De Yurre: What do you have in mind? Just so that we can... Vice Mayor Dawkins: OK. I have in mind... OK. When I first came on board, and I'm using this as a name only, there was a firm by the name of... What's the name of the firm, J.L., that did the Police report? Commissioner Plummer: Booz Allen. Vice Mayor Dawkins. Booz Allen. They came in and they did a report, Victor, that told us what you could do, what you weren't doing, what you were supposed to be doing. I would hope that a firm of that nature could come in and say, over here you've been managing your manpower and it has been doing a good job. You've been selling land, or whatever, and just come in and do an audit that will tell us what we've been doing right, or what we've been doing wrong. Mayor Clark: I think that's... Commissioner De Yurre: And is that what Commissioner Gort has in mind also? Commissioner Gort: Yes, that's what I had in mind. { Mayor Clark: I think it all winds up, Mr. Dawkins and Mr. Gort, to Asset Management to make sure that that's on-line. Vice Mayor Dawkins: That's right, Mr. Mayor. Mayor Clark: That's exactly what you are looking at. What we have... Commissioner Plummer: Well, if I understand correctly then, what you are talking about is not an auditor for financial figures, but an audit... Commissioner De Yurre: Procedurally. Commissioner Plummer: ...more so, a company like Booz Allen, S.H. May, or one of those companies that would come in and produce the efficiency... Commissioner De Yurre: Uh-huh. Commissioner Plummer: ... of all of the different departments. Commissioner De Yurre: An efficiency audit is what you are looking at. Vice Mayor Dawkins: OK, Commissioner Gort: That's what it is, an efficiency audit. I'm sorry I didn't use the right term, it's an efficiency audit. That's what I would like to have. 7 May 23, 1994 Mayor Clark: All right. Commissioner Gort: I think each director will welcome that. Because we can always improve. Mr. Cesar Odio (City Manager): You want an industrial engineering firm. That's what they do. Commissioner Gort. Whatever it would take. But I think we have a... Commissioner Plummer: Well... 4 Commissioner Gort: ...responsibility to the citizens and to myself. I read... Mr. Odio: I think you need... Commissioner Gort: ...this report, it looked fine, and I had to make a motion on this today, and I'm not fully satisfied with what I've read here. And I need an outside... also to come in and tell me. i Commissioner Plummer: Wouldn't it be within reason, Mr. Manager, that now that my colleague has mentioned $100,000, that you could go out and solicit firms, and ask them what they could do for this Commission for $100,000? Vice Mayor Dawkins: I beg to differ. Commissioner Plummer: OK. Vice Mayor Dawkins: And I'm going to tell you why. Once before, right here at this Commission, we decided to hire a firm to come in and say that black people had been discriminated against in the City of Miami. A black firm was going to do the job for $125,000. A white firm came in to do the job for $100,000. And this Commission said, "Why spend i $25,000 when we can save $25,000?" And the white firm came back and said black people had not been discriminated against in the work force in the City of Miami. So I think you get what you pay for. Commissioner Plummer: Well... Commissioner De Yurre: Mr. Mayor. Mayor Clark: Please. Yes, sir. Commissioner De Yurre: What I have... I think we are heading on pretty much in the same direction. I would suggest though, if Commissioner Dawkins agrees, that Commissioner Gort come back to this Commission with a recommendation of a company... Commissioner Plummer: That's fine. { Commissioner De Yurre: ...for him to go out there and, you know, bring a comfort level to this Commission. Vice Mayor Dawkins: I'll accept that amendment. Commissioner Plummer: That's fine. 8 May 23, 1994 Mayor Clark: All right, let's vote on the motion then. Commissioner De Yurre: Without putting a price on it at this point in time because we don't know what it's going to be. Vice Mayor Dawkins: Yeah, you bring back a price. Commissioner Gort: We'll come back. OK. 4 Mayor Clark: Motion by Mr. Dawkins, seconded by Mr. De Yurre. Call the roll, Madam Clerk. The following motion was introduced by Vice Mayor Dawkins, who moved its adoption: MOTION NO. 94-349 A MOTION EXPRESSING THE COMMISSION'S INTENT TO HIRE AN OUTSIDE COMPANY TO PERFORM AN EFFICIENCY AUDIT TO EVALUATE ALL CITY OF MIAMI OPERATIONS IN ORDER TO VERIFY WHETHER THERE IS ANY WASTEFUL EXPENDITURE OF CITY MONIES AND TO ASCERTAIN TO WHAT + DEGREE GOALS AND OBJECTIVES ARE BEING MET BY CITY DEPARTMENTS; FURTHER REQUESTING COMMISSIONER GORT TO COME BACK WITH A RECOMMENDATION AS TO A SUITABLE PROFESSIONAL COMPANY TO PERFORM SAID AUDIT. 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 Mayor Stephen P. Clark i 1 NAYS: None. ABSENT: None. 9 May 23, 1994 1 r --------------------------------------------------------------------------------------------------------- 3. (A) ELECT AND REAPPOINT A. QUINN JONES, III, AS CITY ATTORNEY -- FIX SALARY AND BENEFITS. (B) ESTABLISH POLICY THAT CITY ATTORNEY SHALL PREPARE HIS DEPARTMENT'S BUDGET AND PRESENT IT DIRECTLY TO THE CITY COMMISSION FOR APPROVAL, FOR INCORPORATION INTO THE CITY'S ANNUAL BUDGET. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: On item number 2. On the City Attorney, would you read that into the record again, Mr. Plummer? Commissioner Plummer: I don't have one on the City Attorney. But it was basically on a 10 percent. Mr. City Attorney... We have one here? i Mayor Clark: Just happened to have an extra one here. Commissioner Plummer: All right. A. Quinn Jones III, Esq. (City Attorney): Mr. Plummer. Commissioner Plummer: Sir. Mr. Jones: Before you start, just for purposes of clarification, the part of that that relates to the pension, of course, my pension is quite different from... there is a maximum contribution that the City makes, and, of course, the maximum that I can make. So, as far as the pension element goes, then, you know, it couldn't be the same. Commissioner Plummer: What is your present salary? Mr. Jones: Ninety-six thousand dollars. Commissioner Plummer: Ninety-six. And so that would then add up to nine point six. Vice Mayor Dawkins: No, Mr. City Attorney, I don't understand what you are saying. Whatever they are doing, it can be done to apply to you. And I don't understand why you are sitting over there telling me what can and cannot be done. All you have to do is sit over there and let us do what we have to do. And, whatever we have to do, let it fit your situation. Don't sit over there and tell me that because of this or that... If it says that you can only receive five percent for your pension, that's all you get. If it says that you can get 20 percent for your pension, then we decide how much of that we are going to give you; but don't sit over there and tell me that I cannot... we cannot do this to you, sir. We can do the same thing to you we do to anybody else. We vote on it. Commissioner Plummer: All right. OK. Then, as I understand it, it would read thusly, that a resolution... a resolution for the City Attorney would be for a raise to $105,600 and whatever like amount can be applied toward pension. Would that be appropriate terminology? Mayor Clark: That's all you need to say. Moved by... Commissioner Plummer: Is that appropriate terminology? 10 May 23, 1994 Vice Mayor Dawkins: Second. Commissioner Plummer: OK. Mayor Clark: Seconded by Mr. Dawkins. Commissioner Gort: Discussion. jMayor Clark: Discussion. Commissioner Gort: Under discussion, Mr... One of the departments that I read quite a lot of comments on was on the changes that we requested, it was on this department here. And one of the problems, my understanding, that it was that they are under the City Manager's budget, and they should have an independent budget, and they were under budget. My understanding in reading the report, a new budget came aboard. Are we considering... are we voting just on his salary? Mayor Clark: Well, at this time, yes. Commissioner Gort: Are we also going to be talking about the budget and the... Mayor Clark: His employment and his salary is all we are voting on at the present. Commissioner Plummer: No, budget is in October. Commissioner De Yurre: No, we are talking about an independent budget presented by the Law Department. Commissioner Plummer: I understand what he's talking about, but that's not for today. Commissioner Gort: That we won't deal with today. We'll deal with it some other time. Mayor Clark: Please, one at a time. Commissioner Gort: OK. I Commissioner Plummer: No. Commissioner Gort: Thank you. Mayor Clark: Anything further? Commissioner De Yurre: No, but, Mr. Mayor, the issue of the budget is changing the policy so - which I believe it should be - that the Law Department present their own budget ahead of time, so then that if we approve that budget, then the City Manager can implement that amount into his own budget. Commissioner Plummer: I have a slight disagreement with that. But we'll talk about that at the time. Commissioner De Yurre: Well, no, the time is now. Commissioner Plummer: No, it's not now for the... Not for his budget. 11 May 23, 1994 Commissioner De Yurre: No, no, no. The time to change the policy, so he can prepare his own budget for the next year. Commissioner Plummer: OK. Vice Mayor Dawkins: You know, I have to say I agree with Commissioner De Yurre. I get tired of you all telling me that the City Attorney works for us, and he has to turn his budget in to the City Manager. Commissioner Plummer: That's not what I told you. Vice Mayor Dawkins: Either he works for the City Manager, or he works for the City Commission. And if he works for the City Commission, he turns his budget in to the City Commission. Commissioner Plummer: OK. That's not my comments. Where I differ from it, and it's not clear, in the brief time I had to go over the transition, was the fact, is he going to prepare his budget separately and totally apart, without consideration for the overall picture? That's what's going to happen, it's breaking the City. Now, if what you are saying is he is given "X" number of dollars to do his Department, and he has the right to spend it as he sees fit, I have no problem with that. But I don't think that you can have any department director have their own budget, and spend whatever they want to spend without the control of knowing what your total pie is. Vice Mayor Dawkins: Mr. Plummer, how could we do that when you tell the Fire Department you have "X" dollars? Commissioner Plummer: You have a what? Vice Mayor Dawkins: When you tell the Police Department you have "X" dollars, and when you look at the budget, and it says everybody got "X" dollars, now, how all of a sudden you can tell the Fire you are going... Commissioner Plummer: Oh... Vice Mayor Dawkins: ...you are going to tell the City Attorney you are on an unlimited budget? Commissioner Plummer: Commissioner. Vice Mayor Dawkins: Come on, J.L. Give me a break. Commissioner Plummer: Commissioner, that's very simple. That's very simple. And I'll tell you why it's simple. If you ever saw the negotiations, and see what the Police Department and the Fire Department come in with their wish -list of what they really want, needed or not, is what then the Manager pares down to what is necessity, and what this City can afford. And that's what I'm saying is necessary here. There's got to be a known factor of what can be afforded to run the City Attorney's Office. I don't think he, or any other department director, should have the right to say, "here is what I want, and here is what I'm going to get, and I'll spend it the way I want." Vice Mayor Dawkins: Then nobody agrees with you more than me. Commissioner Plummer: OK. Mayor Clark: All right. 12 May 23, 1994 Commissioner De Yurre: Now, Mr. Mayor. Mayor Clark: Yes. Commissioner De Yurre: Now, getting back to this discussion, we need to have an input from the City Attorney as to - it's not a matter of wish -list - it's what he deems is necessary. Mayor Clark: Oh, that's... i Commissioner De Yurre: And he is going to say, "What I deem is necessary is three million dollars, for example, to do A-B-C-D-E." And go down the line. Then we have to determine whether we feel, yes, we agree with you, or maybe it shouldn't be that much. However, we need to take an amount from him that dictates what he needs that we can approve of, and then we tell the City Manager, incorporate it into your budget. And I see nothing improper with that. In fact, I'm not sure if the Charter allows for the City Attorney to prepare his own budget or not. But that's something that I feel is necessary, so he has the freedom... Commissioner Plummer: How do you know what the total picture is? Commissioner De Yurre: ...to coordinate this. j Mayor Clark: Well, I'm sure he's going to prepare it. Commissioner Plummer: But how do you know what the total picture is? If you say to the City Attorney - OK - then the Manager cannot do his budget. Look, we have "X" number of dollars. We know what "X" number of dollars are. OK. Then what you are in effect saying is that the Manager cannot set his budget until he has received the one from the City Attorney. Commissioner De Yurre: And he'll receive it prior. He'll receive it... That's why he brings it to us ahead of time, and we hand it to the Manager, he incorporates it into his own report, into what he has to do. It's not that difficult, J.L. Commissioner Plummer: No, it's not that difficult, it's just "bass awkward," that's all. Mayor Clark: All right. Vice Mayor Dawkins: That wouldn't be the first thing that we did ass backwards up here. Commissioner Plummer: OK. Vice Mayor Dawkins: Nor the last. Mayor Clark: All right. Let's move forward. Now, this is on the City Attorney's appointment, and his salary, and everything else. This is something else to decide. Commissioner De Yurre: But I will make a motion to that effect. Commissioner Plummer: To what effect. Mayor Clark: Well, let's work this one out first. Commissioner De Yurre: OK, 13 May 23, 1994 Commissioner Plummer: That's not on the agenda for today. Commissioner De Yurre: It doesn't matter. It will be a pocket. Mayor Clark: Please. All right. Commissioner Plummer: It can also be a five-day rule. Mayor Clark: All right. On the main motion. Moved by Mr. Plummer, seconded by Mr Dawkins. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-350 A RESOLUTION ELECTING AND REAPPOINTING A. QUINN JONES, III, AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; AND FIXING SALARY AND BENEFITS FOR SAID REAPPOINTEE. Upon being seconded by Vice Mayor Dawkins, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Plummer: In reference... jk Commissioner De Yurre: Mr. Mayor. Mayor Clark: Yes, sir, you have the floor. Commissioner De Yurre: I'll make a motion now that we set the policy and that we structure in such a way... Commissioner Plummer: Pocket items come out at the end of the agenda. Let's think about it. Commissioner De Yurre: J.L., if the Mayor doesn't want me to make the motion... Mayor Clark: Let him make it now, if it passes, fine. If it doesn't pass, fine. Commissioner De Yurre: That's it. Make a motion that the City Attorney be able to present, prepare his own budget, to be presented before this Commission for approval and then passed along to the City Manager to be incorporated into the annual budget. j Mayor Clark: I think you should also add to that that his proposal is a proposal, does not have to be accepted by this Commission. 14 May 23, 1994 Commissioner De Yurre: Sure. No, of course. For our approval, or adjustment. Mayor Clark: This is his saying, and his saying only. Vice Mayor Dawkins: Second. Mayor Clark: All right. Call the roll. Commissioner Gort: Discussion. Mayor Clark: Go ahead, Willy. Commissioner Gort: Mr. Mayor, you know, one of the things we need to do here, and I don't know if we do it through the budget or how we do it, but I think we need to make sure we make the different directors understand, even if they are independent, they've got to work together. They all work for us. They all work for the City Commission. And, somehow in the past, I've seen certain things that have taken place, it's not the team work that needs to be done in there. Now, our Law Department has got to work together with all the other departments, and all the departments have to work together. Mayor Clark: All right. Commissioner Gort: I don't know if we are going to do it through the budget, how we are going to do it, but I'd like to see that being done. And that budget, I'd like to revise it, I'd like to see it because this is one of the ones where we received a lot of calls, and people talked about a lot. Mayor Clark: It's a budget that does not... Commissioner Plummer: Well, just for the record, Mr. Mayor. My negative vote will not be against the City Attorney having the right of his budget. What I am saying, in my estimation, that in fact, the Manager should say to the City Attorney there is "X" number of dollars. And, Mr. City Attorney, you take and you spend that money wisely, in the best way that you can. And I think that's the smart way of doing it. In business, you can't do it any other way. And City government is nothing but big business. So I would prefer that it be done the other way, and to me it's more reasonable that way. Mayor Clark: Call the roll, Madam Clerk. 15 May 23, 1994 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-351 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PREPARE AN ANNUAL BUDGET FOR THE CITY ATTORNEY'S OFFICE; SAID PROPOSED BUDGET TO BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION AND, UPON APPROVAL, INCORPORATION INTO THE ANNUAL BUDGET OF THE CITY OF MIAMI. Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Vice Mayor Miller J. Dawkins NAYS: Commissioner J.L. Plummer, Jr. Mayor Stephen P. Clark ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 4. (A) REELECT AND REAPPOINT MATTY HIRAI AS CITY CLERK -- FIX SALARY AND BENEFITS. (B) RATIFY THE REELECTION AND REAPPOINTMENT OF WALTER FOEMAN AS ASSISTANT CITY CLERK -- SALARY AND BENEFITS FIXED BY THE CITY COMMISSION. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: In reference to the Clerk, are we ready for that? Mayor Clark: Absolutely. Commissioner Plummer: Mr. Mayor, it is in accord that the same percentage be spread, of 4 course, which would raise Matty Hirai to 102,991, and Foeman to seventy-nine even. That is the numbers given to me here. I so move. Mayor Clark: For the Assistant Clerk also? Vice Mayor Dawkins: Second. i Commissioner Plummer: And, likewise, the same percentage toward pension, as applied, whatever that would be. Mayor Clark: Any discussion? Vice Mayor Dawkins: Question. Commissioner De Yurre: Second. 16 May 23, 1994 Mayor Clark: Yes, sir. Vice Mayor Dawkins: Question. The seventy-nine takes Walter Foeman to what percentage of a raise? Commissioner Plummer: Ten percent, sir. It goes... Vice Mayor Dawkins: Ten percent. Commissioner Plummer: ...the numbers that I have here, Miller... Vice Mayor Dawkins: OK. Thank you. No problem. Commissioner Plummer: He goes... Mayor Clark: Call the roll. Commissioner Plummer: He goes from $71,818 to $79,000. Vice Mayor Dawkins: OK. Thank you. Mayor Clark: Call the roll. The following resolutions were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 94-352 A RESOLUTION ELECTING AND REAPPOINTING MATTY HIRAI AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; AND FIXING SALARY AND BENEFITS FOR SAID REAPPOINTMENTS. RESOLUTION NO. 94-352.1 A RESOLUTION APPROVING AND CONFIRMING THE CITY CLERK'S REAPPOINTMENT OF WALTER J. FOEMAN TO SERVE AS ASSISTANT CITY CLERK OF THE CITY OF MIAMI, FLORIDA; CITY COMMISSION FIXES SALARY AND BENEFITS FOR SAID REAPPOINTEE. 17 May 23, 1994 Upon being seconded by Vice Mayor Dawkins, the resolutions were 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mr. Manuel Gonzalez-Goenaga: May I be recognized after the fact for two minutes? Mayor Clark: You've been after the fact a long time. But go ahead. What is your name? Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I am on record since February the 22nd asking for a personal appearance before all this game play. I am going to address, I'm going to change what I was going to say because this is... Mayor Clark: Is this concerning the City of Miami? Mr. Gonzalez-Goenaga: Yes, of course. Mayor Clark: Do you live in the City of Miami? Mr. Gonzalez-Goenaga: When I am in jail, yes. Mayor Clark: No, do you live in the City of Miami? Mr. Gonzalez-Goenaga: Not now. Mayor Clark: All right, fine. When people come to address... Mr. Gonzalez-Goenaga: But I think that any citizen has the right to... Mayor Clark: No, no. This is not Dade County. Mr. Gonzalez-Goenaga: No, no. But I understand, and this has been discussed before... Mayor Clark: You have two minutes. You have two minutes. Mr. Gonzalez-Goenaga: OK. I am going to address, today, this Commission and tell also the citizens of Miami that we have the government that we deserve. When we see how lightly, and how easily all these evaluations are made, this is not the way it's done in private corporations, or public corporations where the board of directors is responsible to the shareholders. And we have the right to express and give our views. Here... Mayor Clark: Sir. Mr. Gonzalez-Goenaga: ...it's a fait accompli. Mayor Clark: You have fait accompli. You are finished right now. Sir, if you live in the City of Miami, and you want to criticize the City of Miami, move into the City of Miami. 18 May 23, 1994 Mr. Gonzalez-Goenaga: You did say that this... Mayor Clark: Sir, let me tell you what you do, you buy a share... I know you very well. You buy one share... Mr. Gonzalez-Goenaga: And I know you more. Mayor Clark: No, listen, you'll never know me more than I know you. Mr. Gonzalez-Goenaga: You are a little older than I am. Mayor Clark: Please, you can be removed, also. You live in the City of Coral Gables... Mr. Gonzalez-Goenaga: Don't worry. Don't worry. I will... Mayor Clark: Move to the City. Mr. Gonzalez-Goenaga: No, I moved out of the City of Coral Gables, also. Mayor Clark: OK. Where did you move now, to jail? Mr. Gonzalez-Goenaga: Well, seven times. Isn't that enough? Mayor Clark: Seven times. I thank you. If you want to criticize the City of Coral Gables Commission, you go out there and do it. Mr. Gonzalez-Goenaga: No, I go to all the Commissions, and they allow me to speak, and to the Metro -Dade also. Mayor Clark: You are a citizen of the City of Coral Gables. Mr. Gonzalez-Goenaga: Well, let me finish to wrap it up. Mayor Clark: You wrap it up quick. Mr. Gonzalez-Goenaga: More quickly than you approved all these things. I don't cry for the citizens of Miami. We have a very bad government, and, unfortunately, we had a mandate that a change was going to be made, and this is government as usual. We deserve the government that we have. We heard that the City of Miami was in bankruptcy, a lot of new bonds issued. Bond issue and loans to pay negligence of police. This is a total disarray, and I'm going to finish. It's better to fail with honor than to succeed by fraud. Thank you very much. Commissioner Plummer: Mr. Mayor, may I just clarify the record, for his edification? Mayor Clark: Yes, sir. Commissioner Plummer: Mr. Goenaga, sir, I want you to know that, yes, it went quickly here. But I want to tell you, we all spent a lot of hours reading every one of these documents which made our decision here today. And you are available to these documents, sir, if you wish. They are public record. It wasn't a matter of just sitting here today and making numbers. This was all read prior to. Just for the record, Mr. Mayor. Mayor Clark: Thank you. Thank you. 19 May 23, 1994 Commissioner Gort: Mr. Mayor, I'd like to add something to the record also. The private sector, the board of directors, they make the decision here a little faster than we do. I think a lot of times we tend to clarify things because it's a public hearing, and we need to inform the public. But in the private sector would do it a hell of a lot faster than we do it here. And, once again, we'd like to show the material that we had to go through before we came in here. Mayor Clark: All right. Thank you. Mr. Cesar Odio (City Manager): Mr. Mayor. Mayor Clark: Thank you, Mr. Gort. Number 5. Yes, sir. Mr. Odio: I just want to say thank you, OK. I appreciate it. ---------------------------------------------------------------------------------------------------------------- 5. GRANT FUNDING REQUEST (IN -KIND CITY SERVICES) BY MR. ROBERT J. RODRIGUEZ, PRESIDENT, NATCOM MARKETING, CONCERNING THE MIAMI MILE EVENT. f Mayor Clark: On number 5. Mr. Gort. i Commissioner Plummer: The Miami Mile. Mr. Bob Rodriguez: My name is Bob Rodriguez, and I'm at 5999 Biscayne Boulevard, Miami. Mayor Clark: Please, come on now. Let's go. Commissioner Plummer: Robert. Mayor Clark: All right, Mr. Rodriguez. Commissioner Plummer: Can I ask a question? Mr. Rodriguez: Three... i Mayor Clark: Have you spoken to the Manager? j Mr. Rodriguez: Uh... Mayor Clark: We think we have your funding. You can save all that, Bob. Commissioner Plummer: You want a motion? Mayor Clark: Yes. Commissioner Plummer: Mr. Mayor, I am told by the Manager, from that source which is appropriate for this allocation, we have thirty-three thousand dollars remaining. Mayor Clark: We'll find the rest. 20 May 23, 1994 �rt`1 Commissioner Plummer: I would make a motion at this time, as we have done in other cases, that we allocate that thirty-three- thousand to the Miami Mile, and seventeen thousand in -kind services that they could utilize, to bring it to a total contribution of fifty. I will make that motion prior to you seeing this video. I don't know if you've been able to see it or not. I have. It shows three minutes and forty-five seconds of some of the greatest exposure that I think this City has seen. Mayor Clark: We should also consider this as a line item budget when the budget is reviewed in September. Commissioner Plummer: Oh, very definitely, sir. Mayor Clark: All right. Commissioner Plummer: You mean afterwards? Mayor Clark: Yes. Commissioner Plummer: But utilizing the money that's now there. Mayor Clark: Now there. _ Commissioner Plummer: Yeah. Do you want to watch the video, and I'll make the motion, or do you want me to just make the motion? Mayor Clark: Make the motion. Commissioner Plummer: Yeah, I think we should watch the video. It's an excellent video. May I suggest you turn one of those towards the audience? 1 [AT THIS POINT, THERE WAS A VIDEO PRESENTATION.] Mr. Rodriguez: I showed you that video for the purpose... Commissioner Plummer: Commissioner Dawkins said, "A smart man knows when he's ahead and quits talking." I don't see a thing negative. Mr. Mayor, my motion stands. j Mayor Clark: Is there a second? Commissioner Plummer: Yeah, I thought... Dawkins seconded. Commissioner Gort: I'll second. Vice Mayor Dawkins: I seconded it. j Mayor Clark: Call the roll, Madam Clerk. 21 May 23, 1994 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-353 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE AMERICAN AIRLINES MIAMI MILE TO BE CONDUCTED BY THE MIAMI MILE COMPANY AND NATIONAL COMMUNICATIONS LIMITED CORPORATION ON JANUARY 22, 1995. SAID ALLOCATION CONDITIONED UPON THE ORGANIZERS: (1) UTILIZATION OF $17,000 OF SAID ALLOCATION TO PAY FOR COSTS OF CITY SERVICES AND APPLICABLE FEES RELATED TO SAID EVENT: AND (2) COMPLIANCE WITH ANY OTHER CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mr. Rodriguez: Thank you very much. Mayor Clark: Thank you Commissioner Plummer: Six has been withdrawn. Mayor Clark: Six has been withdrawn. 22 May 23, 1994 ................................................. -.............................................................. 6. EMERGENCY ORDINANCE: AMEND CODE SECTIONS 14-26, 38-73 AND 2-422 CONCERNING MEMBERSHIPS / APPOINTMENT PROCEDURES / CHAIRPERSON PROVISIONS / POWERS OF CHAIRPERSON, AS APPLICABLE TO: (a) BAYFRONT PARK MANAGEMENT TRUST, (b DOWNTOWN DEVELOPMENT AUTHORITY BOARD, AND (c� INTERNATIONAL TRADE BOARD. (See label 9) Commissioner Plummer: We're on to 7. Mayor Clark: Read this into the record, Mr. Attorney. Commissioner Plummer: You want to discuss it first, or afterwards? Mayor Clark: Afterwards. Commissioner Plummer: OK. A. Quinn Jones, III, Esq. (City Attorney): Just for the record, there were a couple of changes in this that you should be aware of. With respect to the International Trade Board, changes have been made, and they're reflected as follows. It's been amended such that the chairperson will appoint a vice chairperson and a secretary from amongst the Board's members. Those are the two changes in that. So having said that, I'll read this as an emergency ordinance. Commissioner Plummer: All right, because I'm going to want the same thing with DDA (Downtown Development Authority). Mr. Jones: OK. Without... That's no problem. Commissioner Plummer: OK. Mr. Jones: It won't affect the title. Commissioner Plummer: That's fine. And I think it should be with DDA, and the Sports j Authority, and all of them. Commissioner De Yurre: You have it. It's there already. Mayor Clark: Absolutely. All three of them. Commissioner Plummer: Very definitely. Mayor Clark: All three of them. Mr. Jones: OK. Read the ordinance? Mayor Clark: Go ahead. (AT THIS POINT THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY) 23 May 23, 1994 Commissioner Plummer: Excuse me, I'll move it. Mayor Clark: There's a second. Go ahead. Commissioner Plummer: Now, but I want it amended to include the Sports Authority. Mr. Jones: OK, why don't you let me do this, then, and bring it back, because it will affect the title of the ordinance. So we can bring it back... Commissioner De Yurre: For the record, Mr. Mayor... J.L., you get to appoint all your chairpersons there already. Mr. Jones: That's true. Commissioner Plummer: If that's true, then I stand corrected. I don't need it. Mr. Jones: OK. Commissioner Plummer: As long as it's understood that I get to appoint all chairpersons, the vice chairman, secretary, the treasurer. Vice Mayor Dawkins: Traditionally, that's the -way it's been done. Commissioner Plummer: Well, if it's in there, that's fine. Mayor Clark: Make sure it's in there, Mr. Attorney. Commissioner Plummer: If it's not, then I want it uniform across the board. Mayor Clark: Yeah, make sure it's in there, Mr. Attorney. Call the roll. AN EMERGENCY ORDINANCE CONCERNING THE BAYFRONT PARK MANAGEMENT TRUST, THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD AND THE INTERNATIONAL TRADE BOARD, THEREBY AMENDING MEMBERSHIPS, APPOINTMENT PROCEDURES, CHAIRPERSON PROVISIONS AND POWERS OF CHAIRPERSON PROVISIONS AS APPLICABLE TO SAID BOARDS: MORE PARTICULARLY, BY AMENDING SECTIONS 14-26, 38-73 AND 2-422 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. 24 May 23, 1994 Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11151. 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. ---------------------------------------------------------------------------------------------------------------- 7. EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH ARTHUR ANDERSEN & COMPANY -- TO CONDUCT FEASIBILITY STUDY FOR DEVELOPMENT OF TWO HOTELS: (a) ONE IN LITTLE HAVANA (AT APPROXIMATELY S.W. 15 AVENUE AND S.W. 8 STREET); AND (b) ONE IN OVERTOWN / PARK WEST (AT APPROXIMATELY N.W. 1 AVENUE AND N.W. 4 STREET) -- AGREEMENT NOT TO EXCEED $50,000. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: All right, on item number 8, City Manager to execute a professional services agreement. Mr. Manager, would you bring us up to date on this? Mr. Cesar Odio (City Manager): This is so that we can do a feasibility study, Mr. Mayor, on two hotel projects that have been proposed by Commissioner De Yurre, and I think unless we go to a hospitality consultant that we cannot proceed to get involved in a hotel development unless we have some companies like Arthur Andersen to tell us whether these projects are feasible or not. Mayor Clark: Let me tell you something. Where they plan to put a hotel on Southwest 8th Street and 15th Avenue is also the location of where we want our NET (Neighborhood Enhancement Team) office. Is one going to be in conflict with the other? Mr. Odio: We would have to... Commissioner De Yurre: Mr. Mayor, we spoke already about this... Mr. Odio: Yeah. No, we would have to move the NET. Commissioner De Yurre: ... and the agreement that we had was that the NET office, once we built the hotel, would be moved away from that location, per se. Mr. Odio: Yes. If the hotel became feasible, then we... The NET office is portable, so it could be moved. 25 May 23, 1994 f Commissioner Plummer: Well... Mayor Clark: Mr. Dawkins, you have the floor. Vice Mayor Dawkins: Mr. Manager, I said it constantly, and I'll have to say it again today. Is there any other auditing firm out there other than Arthur Andersen and Company, Deloitte and Touche and Company, and another company? There are some small companies out here who can do this, who need the work, but every time we need an audit, we use the same people. Commissioner De Yurre: Commissioner Dawkins, for the record, Arthur Andersen, in this case, are the - they're the top people in this field, and they've been giving a lot of volunteer stuff, and helping voluntarily, also. Commissioner Plummer: The smaller ones will never get big and never be experts as Arthur Andersen unless they get the work. Commissioner De Yurre: I understand that, but... Vice Mayor Dawkins: Plus I would have to say to my colleague, the biggest firm that did sports evaluation was - what is it? - ROK, or what was it? Mayor Clark: HOK. Commissioner Plummer: HOK. Vice Mayor Dawkins: HOK. We hired HOK. It did a beautiful job and came in and told us if we spend ninety thousand dollars, the arena will not be up to snuff. Then they turned right around, Mr. Mayor, and went to work for the Heat, and told us, "What you have is nothing." Mr. Odio: No, you're talking about the other one. That's not the one. Commissioner Plummer: In reverse. Mr. Odio: It's the... Commissioner De Yurre: Ellerbe Becket. Vice Mayor Dawkins: Yeah, Ellerbe Becket. Mr. Odio: Becket. Mayor Clark: He has a great time at representing both sides. Commissioner Plummer: Well, can I ask, Mr. Mayor, I would like to know, because this is the first that I've heard about any hotels, are we talking about... What kind of hotel? Are we talking i about a Mariott? Commissioner De Yurre: J.L., let me give you the background, because I'm the one that's been working on this. Commissioner Plummer: Yeah, because I have none. Mayor Clark: Please, now, one at a time. 26 May 23, 1994 e Commissioner De Yurre: Mr. Mayor, if I may. Mayor Clark: Go ahead, Victor. Commissioner De Yurre: One of the main things that propelled me to start working on this is two concerns. One is that we need something. We don't have a hotel in Little Havana, to begin with. The closest thing is either Coconut Grove, downtown, the airport. There isn't a hotel, and if we're a tourist attraction, which is Southwest 8th Street, we should have a location, a hotel, about a hundred, a hundred and fifty units, affordable, maybe something like a Best Western, a Quality Inn, Holiday Inn type of facility. At the same time, we also looked at Overtown. Overtown, for many years, we've seen efforts made to build a hotel in that area, and they haven't come to fruition for a number of reasons. There is also a location that we're looking at there, also. Number two, what I'm looking for, additionally, is that we can help our own minorities, black and Hispanic, by working with a program that I've spoken to already, with FIU (Florida International University), as far as being able to train students, once they graduate, to give them a hand, to get quick experience... Mayor Clark: In hotel management. Commissioner De Yurre: ... in hotel management. Commissioner Plummer: All right. Victor, I guess my concern is... Jackie Bell is here. We have spent a lot of money with Jackie Bell to try to put a hotel in Overtown or in the general proximity. Commissioner De Yurre: Mm-hmm. Commissioner Plummer: Now, is that with her thinking? Is it separate to hers? Commissioner De Yurre: This is totally separate. Commissioner Plummer: OK. Mayor Clark: Anything further? Commissioner Plummer: The only thing, I would hope that if the day comes that the hotels become a reality, that this money will be reimbursed to the City by the recipients. Commissioner De Yurre: No question, and that will be part of the agreement. Commissioner Plummer: OK. Commissioner De Yurre: This is only the initial step, J.L., and I think it's something that's needed. Commissioner Plummer: But are we going to use somebody other than Arthur Andersen? Commissioner De Yurre: They're the experts right now, and we've already got them, if it would be OK with the Commission. Commissioner Plummer: Well, I've got to be honest with you. I'll vote for them in this particular case, but, Mr. Mayor - and to the Manager - 1 think that there's no difference here in auditing companies than there are in bond counsel, and all of the rest of these, that we ought to establish a list so that those that are qualified can have a rotation basis, and that would include any small auditing firms that are based definitely in the City. 27 May 23, 1994 Mayor Clark: What the Manager should do is make up a list for us, J.L. Commissioner Plummer: Exactly, sir, and then there will be no partiality. Mayor Clark: All right, Mr. Gort. Commissioner Gort: Mr. Mayor, how come we don't go to an RFP (Request for Proposals) in this process? Mr. Jack Luft: Up to fifty thousand dollars fee, the Manager has the latitude to interview three or more firms and to make a recommendation. Commissioner Plummer: That's not his question. Mr. Luft: It is not... Mr. Odio: That's why. If it was less than... If it was more than... Commissioner Plummer: His question is: Why didn't you go to a bidding? Mr. Odio: We did not because of time. We went to expedite this process. There are some firms that are interested in the development of these facilities, and we need this report before you move forward. Mayor Clark: Any further discussion? It's been moved by Mr. De Yurre, seconded by Mr. Plummer. Call the roll, Madam Clerk. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-354 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTHUR ANDERSEN & COMPANY ("CONSULTANT") TO CONDUCT A FEASIBILITY STUDY FOR THE DEVELOPMENT OF TWO HOTELS ("PROJECTS") LOCATED IN THE LITTLE HAVANA NEIGHBORHOOD, AT APPROXIMATELY SOUTHWEST FIFTEENTH AVENUE AND SOUTHWEST EIGHTH STREET, AND IN THE OVERTOWN/PARK WEST AREA, AT APPROXIMATELY NORTHWEST FIRST AVENUE AND NORTHWEST FOURTH STREET, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00); ALLOCATING FUNDS THEREFORE FROM SPECIAL PROGRAMS AND ACCOUNTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 28 May 23, 1994 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Mayor Stephen P. Clark NAYS: Commissioner Wifredo Gort Vice Mayor Miller J. Dawkins ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 8. EXECUTE INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, PROVIDING FOR A CITY ENGINEERING COORDINATOR FOR COUNTY SEWER PROJECTS RELATIVE TO STATE AND FEDERAL AGREEMENTS WITHIN THE CITY OF MIAMI. Mayor Clark: Item number 9. Wally, where are you? Mr. Cesar Odio (City Manager): This is an arrangement we made with the County, that they would pay the salary of the coordinator that we have overseeing the project that the County is doing. Commissioner Plummer: Move it. Mayor Clark: Is there a second? Vice Mayor Dawkins: I'll second it, Mr. Mayor. Mayor Clark: Second the motion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 94-355 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN METROPOLITAN DADE COUNTY (THE "COUNTY") AND THE CITY OF MIAMI (THE "CITY") THEREBY PROVIDING FOR A CITY ENGINEERING COORDINATOR FOR COUNTY SEWER PROJECTS RELATIVE TO STATE AND FEDERAL AGREEMENTS WITHIN THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 29 May 23, 1994 W W Upon being seconded by Vice Mayor Dawkins, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 9. (Continued) DISCUSSION CONCERNING CITY RESIDENCY REQUIREMENTS FOR MEMBERS OF BAYFRONT PARK MANAGEMENT TRUST, DOWNTOWN DEVELOPMENT AUTHORITY BOARD, AND INTERNATIONAL TRADE BOARD -- DIRECT CITY ATTORNEY TO AMEND SCOPE OF RESIDENCY REQUIREMENT TO INCORPORATE ALL MEMBERS WHO OWN REAL ESTATE WITHIN CITY LIMITS. (See label 6) ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, may I revert back to item 7? Are we going to discuss here... Because it's an important factor on this thing of residency. In the Sports Authority, in particular, Mr. Mayor, I have four people that do not meet the present requirements. They do not either work, live, or own in the City of Miami. Now, I personally, I'll make... You know, it's going to affect some very dear friends of mine. But let me tell you something. I have to live in the City to be a City Commissioner, and I have no problem with that rule applying to others. But I think we... There's too many people up in the air at this present time, as to whether or not on these boards... Because there is a provision there of 4/5ths vote to give a waiver, and many people are sitting back wondering, what is this Commission going to do. Are we going to give waivers, or are we not going to give waivers? And at this particular time, I have not made my appointments to the DDA (Downtown Development Authority) or to other boards, predicated on that. And I think that we, the Commission, have got to establish a policy, and I would hope it would be today, as to whether or not we're going to keep to what we voted in, as far as residency is concerned. It's important. Mayor Clark: I think you should, J.L., but listen, you should also have the opportunity to waive if something comes up. You can't just tie your hands. Commissioner Plummer: All right. Mr. Mayor, how are you going to do it, on an individual basis? For example, I have four on the Sports Authority. You have a number of them on ITB (International Trade Board). Mayor Clark: Who are they? Can you name them? Commissioner Gort: I'd like to give you a suggestion, Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Plummer: OK. 30 May 23, 1994 Commissioner Gort: Mr. Mayor, I think that it's very simple, that whenever we change a City ordinance or any regulations, we grandfather what is in existence. I think we have people... We have the Status of Women that came in front of us that have done a terrific job for us. You also have the Environmental Beautification Committee, and you have the Sports Authority, that two of the people that are reappointed to the Sports Authority were founding members of the Sports Authority. I think we should consider those people. They have served the City for years, and they would like to continue to serve. And then any new appointment, we should apply the residential requirement. But I think any individual that has served for years within the City of Miami in any of the boards, we should allow to keep... to stay there until their term comes up. That's my personal feeling. Commissioner Plummer: Mr. Gort, the problem is, that's being created is, they're all new appointments. We sunsetted every board and every member of the boards. In particular, let me give it to you on my board. The Sports Authority is Julio Gonzalez - who else, Jerry? - Eli Feinberg, Steve Suarez, and there was a fourth one. Who was the fourth one? (INAUDIBLE COMMENT MADE OUTSIDE OF THE PUBLIC RECORD) Commissioner Plummer: No, but he owns in the City, he works in the City, Skip Shepard does. Mr. Mayor, I will only express my opinion, and unless there is a motion to the contrary, I would assume that we are going to prevail upon what was recommended and we voted on previously. They all have to either work, own, or - what? - reside in the City. And I don't plan on giving any waivers. Oh, the other one was Bill Bayer, yeah. Mayor Clark: Bill Bayer works in the City. Commissioner Plummer: All right. If he does, then he qualifies. Mayor Clark: Julio Rebull works in the City. Commissioner Plummer: Mr. Mayor, I'm not going to get into whether they do. They've got to determine that. I think what I'm asking here today, Mr. Mayor, if we're going to hold to what we voted on, then that's what I want to know, and I think there's a lot of people out there that would like to know the same. I appointed a lady to the Budget Review. She can't serve. She lives in the City of Coral Gables. So if it is the policy, I assume by no action to the contrary, the policy we adopted prior is the policy, and as such, will be the prevailing, unless individual applications come up for waivers, I would assume. Am I right? You know, I want clarification. Commissioner De Yurre: Mr. Mayor, if I may. You know, I don't want this to become a joke. You know, either... If we're going to start giving waivers every time you want to appoint somebody, and say, well, come on in, we'll get a waiver... Commissioner Plummer: I'm not, I'm not. Commissioner De Yurre: ... then we just do away with the whole concept of residency, and I don't see a purpose for it, because then it becomes the norm. Well, how many waivers do we need in the Sports Authority? We need four waivers. We need three over here, and five over there. Either we do it or we don't do it. Commissioner Plummer: Excuse me. Victor, for this one Commissioner, as I said prior, it will affect dear friends of mine, as well as yours, but I am not prone at this point to give waivers. Mayor Clark: Well, let me ask you, do you have four people on that board there now that do not live, work or... 31 May 23, 1994 Commissioner Plummer: Mr. Mayor, it is my understanding the answer is yes. Now, they would have to prove it, not me, but that's... I have hesitated to make up my committees, because I don't know who I've got to work with. And there are certain members that are down there waiting to understand whether or not they can or cannot be a member. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Gort: My understanding is the word "work" was eliminated. It was either "live" or "own business" within the City of Miami. Commissioner De Yurre: Ask the City Attorney. Commissioner Gort: That was my understanding... Commissioner Plummer: Mr. City Attorney, what was it? Mine was the three. Mayor Clark: Live, work or own property. Commissioner Plummer: And I'll live by whatever it is, but I want to know what the rules are. A. Quinn Jones, III, Esq. (City Attorney): Work, reside, or own. Mayor Clark: What? Mr. Jones: It was work... Ms. Matty Hirai (City Clerk): Or own a business. Mr. Jones: Excuse me? Ms. Hirai: I would like to convey... Mr. Mayor, if I may. I have received many calls, because many individuals think that if the rule says anybody who resides, who works, or who owns a business, it should include people who own property as well, residences, not only businesses, because they feel that since they pay taxes, they should be exempted as well. They feel that they have a greater right to be exempted than somebody who simply comes in to work. And many people have called my office to complain about that. Commissioner Gort: My understanding is we eliminated "work." Ms. Hirai: Not to my knowledge, no. Mr. Jones: No, no. Commissioner Plummer: No, I don't think so. I don't think so. Hey, if you do that, I've probably got six that won't qualify. Ms. Hirai: People who reside, work, or own businesses. They wanted to add "or own property." r Mayor Clark: Now, if they can prove they live, work, or own property in the City of Miami, they are qualified, do not need a waiver. 32 May 23, 1994 Commissioner Plummer: All right. Other than that... Mayor Clark: I would like you to report back, Mr. Plummer, at the next meeting, what people do not live up to that criteria, and give us a list of them, and tell them they must prove that, one of the three. OK? Commissioner Plummer: All right, sir. It's just the idea that I'm hesitant to appoint committees or chairmanships of committees without knowing that they may or may not be there, because some of those people there, to me, are very important. But if they can't qualify, then that's the name of the game. I'll be happy to... Of my appointments, sir, I'll be happy to give you that list. Mayor Clark: Please do. All right, Wally, now we've got that passed already. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 10. REFER BACK TO CITY MANAGER FOR RECONSIDERATION PROPOSED ACCEPTANCE OF PLAT: OAK SHADOW (LOCATED AT EMATHLA STREET AND SECOFFEE STREET, COCONUT GROVE) -- DIRECT MANAGER TO BRING ISSUE BACK FOR FURTHER CONSIDERATION BY CITY COMMISSION AT JUNE 30TH MEETING. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Now we have a resolution, 10, accepting the plat entitled "Oak Shadow." Mr. Jim Kay: Mr. Mayor, you might want to... Commissioner Plummer: There's 10, 11, and 12, I think, are all together, Mr. Mayor. Mr. Kay: ... hear items 11 and 12 along with this item. They're all related. A. Quinn Jones, III, Esq. (City Attorney): Eleven and 12 should be taken up before 10. Mayor Clark: You want to take all three together? Mr. Jones: I think 11 and 12 are both... Mayor Clark: Before we take the other. Mr. Jones: Yes, sir. Mayor Clark: All right, 11 and 12. Mr. Tucker Gibbs, come up here. You want to discuss something on this agenda? Mr. Tucker Gibbs: Yes. I'm here today representing the... My name is Tucker Gibbs. My offices are at 2665 South Bayshore Drive in Suite 603. And today, I'm representing the Tigertail Association, the Coconut Grove Civic Club, and several residents in the area of Secoffee Street and Emathla Street in Coconut Grove. And I'm here to speak on the Oak Shadow plat that has been recommended for your approval. I think it's item number 12 or item number 10, thank you. Initially, what I'd like to do is I'd like to introduce our issue and ask some of the neighbors to come up and speak very briefly, very briefly, on this issue. 33 May 23, 1994 Mayor Clark: Just give us the issue. I think I've counted the votes up here on what's going to happen. Go ahead. Mr. Gibbs: Well, I appreciate that, but I think the neighbors still would like to be able to give you some insight into what's happening in their neighborhood and on this particular issue. The issue before you is threefold. As you all probably know from your backup material, the Public Works Director granted a waiver from certain design criteria, standards that were established in your Code. That waiver on this plat, that waiver allowed the Plat and Streets Committee to approve this plat, which creates two substandard lots. And what I mean by substandard is the lots are less than ten thousand square feet, and that is the minimum lot size in that particular neighborhood. Mayor Clark: Is not the lot considered to the center of the street? Is the property considered, lot size, to the center of the street? Mr. Gibbs: No. Mr. Kay: No, sir. This is... The lot size is considered the existing property lines, and they are exactly ten thousand square feet. Mr. Gibbs: With the waiver; is that correct, Mr. Kay? With the waiver, they're... Mr. Kay: With the waiver, they are exactly ten thousand square feet apiece. Mr. Gibbs: Right. And without the waiver, they are not. They are under ten thousand feet; is that correct? Mr. Kay: That's correct. Mr. Gibbs: OK. Commissioner Plummer: Well, may I ask just a simple question for clarification? Mr. Gibbs: Sure. Mayor Clark: "Si," go ahead. Commissioner Plummer: My understanding is the reason they fall under the ten thousand is for the turning radius on the corner; is that correct? Mr. Kay: There is a six-inch dedication on... Commissioner Plummer: Six inches? Mr. Kay: Yes. Secoffee Street was platted forty-nine feet in width, which means to dedicate to a fifty -foot right-of-way, it would take six inches off either side of Secoffee Street. So there's six inches for a distance of a hundred and seventy-five feet on Secoffee Street, plus the external area of a twenty -five-foot radius. Commissioner Plummer: OK. Thank you. But that's basically the problem, is the turning radius. Mr. Kay: Well, it's both. 34 May 23, 1994 Commissioner Plummer: Yeah. OK. Mr. Gibbs: Two problems: Turning radius, as well as the right-of-way on Secoffee. The question is, does the Public Works Director have the authority to waive? And if he has that authority to waive under the law, does he have... Did he apply that ordinance correctly? Now, that... Mayor Clark: Let's find out right now. Mr. Gibbs: I understand. Mayor Clark: Mr. Attorney, does he have the right to waive? Ms. Miriam Maer (Assistant City Attorney): The City Code sets forth the standards, pursuant to which the supervisor of plats, if he finds that there is a hardship, has the right to waive certain design criteria, yes, sir. Mayor Clark: Mr. Lee, did you find a hardship there? Mr. Wally Lee: Yes, I did, Mr. Mayor and Commissioners. Mayor Clark: All right, he had the right to waive. Go ahead now. Mr. Gibbs: OK. I would like to state for the record, however, Mr. Mayor, that I do not believe that he did have the right to waive, and I'd like to state for the record, Mr. Mayor, because this is a legal issue, and as I've been retained by these people to represent them as their attorney, and there may be litigation on this issue... Mayor Clark: There probably will be. Mr. Gibbs: I feel I have a right to present to you the legal argument why this may not be appropriate. Mayor Clark: Go right ahead. Commissioner Plummer: Well, Tucker, may I strongly suggest if you're going to... Are you representing them for a fee? Mr. Gibbs: I'm representing them for a fee, and I'm registered as a lobbyist. Commissioner Plummer: All right, sir. But you also stated, as I heard at the beginning of your presentation, that you were representing a group, a civic group? Mr. Gibbs: I'm representing the Tigertail Association, yes. Commissioner Plummer: Is that not a conflict, at best? Mr. Gibbs: On what... Commissioner Plummer: That you're representing them for a fee, as a client, and also speaking as the head of a civic group? Mr. Gibbs: I'm not. I stated when I spoke that I am "representing" the Tigertail Association, the Coconut Grove Civic Club, and several neighbors. I am not speaking on behalf... as a representative of the Civic Club. I'm speaking as an attorney. 35 May 23, 1994 Mayor Clark: How do they feel about that? Mr. Gibbs: Joyce Nelson is the president of the Civic Club. I've been authorized by the Civic Club, and Thelma OHshure is the president of the Tigertail Association. Mayor Clark: OK. Go ahead. Commissioner Plummer: OK. I'm just... Mayor Clark: That's a good question, J.L. Mr. Gibbs: That's all right. I understand. The issue of whether or not he had the authority to grant the waiver, as Miriam Maer has said, yes, he does, under the Code. The Code creates a process, and it is our contention that this process is fatally flawed. It's a quasi-judicial process, because it allows Mr. Lee, using certain standards that are set forth in that Code, to grant a waiver, or a variance or an adjustment, however you want to describe it. Now, he has these rights, and he's doing it according to the Code. Unfortunately, within the Code, there is no opportunity for any notice to the neighborhood, any opportunity for a hearing on Mr. Lee's waiver, there is no opportunity to present evidence on the issue to Mr. Lee before he makes his decision. Indeed, Mr. Lee makes his decision totally and separately away from the public or away from any input, and I think that creates a flaw in the process. There is no appeal. Mr. Lee can make his decision, and in my case, when I specifically asked Mr. Lee to inform me as to any decisions made on this issue in January, the decision in this matter was made in February. I did not hear about it until I questioned and called Miriam Maer, and asked her what was happening. And she faxed me a copy of the letter that she had written to Commissioner Plummer, and I also got a copy of Mr. Lee's determination letter on this issue. There was no publication of the notice, so even if we could appeal from this decision that was made by Mr. Lee, we didn't know when it was made. If we hadn't paid attention, we might not have heard about it for a year later. So that creates a problem. It is not checked by the City Commission. You all have no way to determine whether Mr. Lee applied the standards correctly. With the Zoning Board, when they apply virtually the same standards on a variance, you get an appeal. People go to you, and you all determine if that was done correctly. This process does not provide for that. It's made totally and utterly alone by the Public Works Director. Now, the second question is, if the process is flawed, then obviously, the decision that comes out of that process is flawed. But let's say that your City Attorney is correct, and there's no problem with the ordinance. We still feel that if he did even have the authority to grant this, that he did so incorrectly, that he didn't apply the standards that were presented in the ordinance correctly. And those standards specifically deal with hardship and the reasonable use of the property. No hardship is spelled out. Now, the hardship that... And Mr. Kay and Mr. Lee will tell you what the hardship was, and you may want to ask them as you did before. Would you like to ask them what the hardship was? Mayor Clark: We'll find out. They'll respond to you. Mr. Gibbs: OK. I'd like to find out, if I could, from their mouths, what they feel the hardship was, for the record. Mr. Kay: For the record, the dedication of six inches on Secoffee Street would have required the applicant to take an existing wooden fence that was located on the property line and move it back six inches. We felt that to move the fence back six inches, which would have cost about sixty-five hundred dollars, as opposed to the value of the land, was out of line. The value of the land was a little over a thousand, I think, about twelve hundred dollars. Mayor Clark: I think you've answered the question. Go ahead. 36 May 23, 1994 Mr. Gibbs: OK. And the question I have, and I pose to the City Commission, when you all grant zoning variances - and I'll give you an example - when you have a square lot, and a person who's applying for a zoning variance wants to encroach into the setback on that square lot, and he says, "The reason why I want this variance is because it's too expensive for me to build a second story on my existing structure, I want to build out." Now I... Commissioner Plummer may remember Mr. Lind, at the corner of Aviation and Tigertail, because Mr. Lind essentially made that argument. And the City Commission said no, that the law says a financial hardship is not a legally recognized hardship, and you denied that variance. And what I'm asking you to do is to say no to this. Because when has a financial hardship ever been the basis? If it's too expensive for me to dedicate five feet or five inches in front of my property, do you automatically say, "Well, then, you don't have to do it"? It doesn't make any sense. So the question then becomes, was it applied properly? We contend that it was not applied properly. He also claims in this argument that there was no reasonable use, because one of the requirements is that to grant this waiver, that there are special circumstances or conditions affecting the property, and that strict appliance of these design standards deprives the applicant of reasonable use of his property. Now, I'd like to know how a City -mandated dedication requirement can deprive any - deprive this particular applicant of reasonable use of his property, remembering, as you look at that map, that that piece of property is a platted piece of property at twenty thousand square feet, in a single-family R-1 neighborhood, with an existing house on it. It is already a single-family house in a single-family neighborhood. How does the ... how does the making of this person - applying the design standards to this person - how does that keep him from using his property reasonably? And a reminder, in terms of the dedication, if you look to the north side of Secoffee, you will note that the north side, every property owner from Natoma over to 22nd Avenue has made the requisite dedication. And that's very important. We're asking you to treat this applicant, and we ask the Public Works Director if he considered that when he granted this waiver, in terms of treating this applicant differently than he treated - or others in his position - treated other applicants in the past. Mayor Clark: OK. Do you have other people who want to speak? Mr. Gibbs: I wanted to finish up, if I might. There are more standards in here that the Public Works Director apparently failed to deal with. The second standard is that the adjustment is necessary for the preservation and enjoyment of a substantial property right of the applicant. And I want to know how waiving this adjustment gives the applicant a substantial, or preserves a substantial property right. Can I ask the Public Works Director how it does preserve a substantial property right? Mayor Clark: I think you're going to make your argument. If he has any rebuttal, fine. You're going to go to court anyway, so... Mr. Gibbs: Well, I don't know. You all may agree with us. Mayor Clark: Do you want to respond, Wally? Somebody. Mr. Gibbs: I'd like it on the record. Commissioner Plummer: You're building his case for him. Mr. Kay: It is under private ownership of the applicant which allows for his private use, and we feel that this is a substantial property right of the applicant. Mr. Gibbs: So how does denying... How does... How does denying the waiver... 37 May 23, 1994 AN Mayor Clark: Well, now, don't argue with him now, Tucker. Just... Mr. Gibbs: I'm not arguing, but I think I have... Mayor Clark: He answered you. Mr. Gibbs: I think I have the right to ask him a question, do I not? Mayor Clark: Go ahead, do it. Mr. Gibbs: How does the denial deprive him, the denial of a waiver deprive him of a substantial property right? That was the question I asked. I understand that you say he has one. How does denying it... What you're saying essentially is that the division of the lot is a substantial property right. Is it? Mayor Clark: It's a right, you can divide a lot, if you get... 1 Mr. Gibbs: Is it? Now, I don't know. Is the division of a lot into two substandard lots a right? Commissioner Plummer: Excuse me. For the record, it's my understanding this lot presently is twenty thousand square feet. Mr. Gibbs: That's right. I Commissioner Plummer: And if it could be legally split into two of ten thousand, each one of them would qualify for that subdivision... Mr. Gibbs: That's correct. Commissioner Plummer: ... as legitimate lot sizes. Mr. Gibbs: That's correct. Mayor Clark: That's the right you have. Commissioner Plummer: Now, where I got involved, and this gentleman came to see me, first and foremost, was to eliminate a - what do you call it? How can I say it without slandering myself? - an undesirable from the neighborhood. OK? That was where that thing first started, through the Police Department. Then you finally got the undesirable from the neighborhood. Mr. Gibbs: But how does that deal with the plat? Commissioner Plummer: Excuse me? Mr. Gibbs: How does that deal with the platting issue? Commissioner Plummer: Well, if you'll listen to me, I'll tell you. Mr. Gibbs: OK. OK. Commissioner Plummer: When he came and spoke about it, the only thing that I knew, was, in effect, the corner. The question I asked was about the corner; that because of the corner of one lot, it did bring it down under the ten thousand square feet, and did not allow him to use as a reasonable property right. Now, that's the answer that I would give you, because those are the assumptions that I travelled under. 38 May 23, 1994 1W Mr. Gibbs: OK. Let me ask a question, because what Commissioner Plummer has basically said is he has spoken with the applicant, and I made the assertion that this is a quasi-judicial decision. I don't want to put Commissioner Plummer on the spot, but I think this goes directly... Commissioner Plummer: Excuse me. Sir, let's don't put words in each other's mouth. Mr. Gibbs: Yeah. I... Commissioner Plummer: Let's understand, when Commissioner Plummer spoke to this individual, it was not relating to the zoning. It was relating to the confiscation of the property by the Police Department. Mr. Gibbs: So how did the corner... How did the corner come into it in terms of the Police Department? Commissioner Plummer: The corner came up with the idea from the department, who said that the only reason it was cut off was because the corner and the turning radius was where the problem was. Mr. Gibbs: But what I'm talking about is just that, the platting issue, itself. And my question is, is the platting decision, is that quasi-judicial? Commissioner Plummer: Well, I can't answer that. I don't know. Ms. Miriam Maer (Assistant City Attorney): No, it is not. Mr. Gibbs: It is not quasi-judicial. OK. Commissioner Plummer: He's a better attorney than... Mr. Gibbs: We'll see. The other question is, does the City, in terms of having this particular item approved and considered by you as a plat, do you have the authority to deny the plat? And our position is that the law is clear, and I think your City Attorney on this matter would agree with me, that the City Commission has no discretion to deny a plat, if the plat meets all legal requirements. And our contention is and our position is, is that because this plat was approved subject to the waiver, such waiver that was presented in a situation that provided no notice, no comment, no opportunity to appeal, and was essentially, in itself, a quasi-judicial decision, that you all have the right to determine that it was not lawfully made. I'll wait till the Commission... I understand that you all may not want to hear this, but I'd like to be able to at least to tell my clients that you listened. Mayor Clark: Well, you're building a court case here. Tell us the truth. Right? Mr. Gibbs: Well, I just want... Yeah, I just want to get the point across. Mayor Clark: All right. Mr. Gibbs: And I'd like some attention, at least, from the City Commission on this. Mayor Clark: All right. Go ahead. Mr. Gibbs: I'll wait till the Commission... 39 May 23, 1994 92 Mayor Clark: There's other people. Go ahead, please, now. We're not going to... Mr. Gibbs: Well, no, I'll wait because... The situation here is that the City Commission has the authority to disapprove this plat, based on the decisions made by Mr. Lee, not being in conformance with the Code, in that his application of a hardship is not correct. His application... His consideration of the reasonable use of the property is not appropriate. Mayor Clark: All right. That's your contention, and you're entitled to it. Mr. Gibbs: That is our contention, and that's what we're going to say. But I would like members of the audience who are here on this issue who would like to speak, and if they can't speak, at least you should recognize them and have them stand up. Mayor Clark: Have them stand up and be recognized. Mr. Gibbs: All those who would like to... who oppose this plat's approval. Mayor Clark: Well, those that are in opposition, do you have a spokesperson? This lady will speak for you? Fine, thank you, folks. Please have a seat. Mr. Gibbs: I think... Again, the Mayor is the person who determines whether or not the public is allowed to speak on this issue. Mayor Clark: They're allowed to speak, but they're not all going to speak, I hope not. Commissioner Plummer: May I ask a question, Mr. Mayor? Mayor Clark: Yes, sir. Commissioner Plummer: To the department, by virtue of the turning radius cutting down, what would the remaining square footage be? You spoke of six inches off. How much less than ten thousand square feet would this be? I mean, is it a major thing, or is it not? Look, I understand the concern of the neighbors. If you give an inch today, you might give a mile tomorrow, and I understand that. OK? But what I would like to know for my edification is, what less than ten thousand square feet would it be? I think, to me, that's important. Hello? Mr. Lee: Excuse me, Commissioner Plummer, I'm trying to get the exact square footage, Commissioner. Commissioner Plummer: All right. Well, go ahead. I'll get it. Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. The next time some Brazilian or German comes to the Civic Club to discuss some project they have in Coconut Grove, and we know there's a zone right-of-way line, 27th Avenue, Bird Road, whatever major thoroughfare it is, I'm sure that they will hire Lucia Dougherty, and they will get out of the dedication, because if you can't take a half a foot dedication on a residential street in the middle of nowhere, the bigwigs are... The minute you grant this to this gentleman, the bigwigs are all going to come in here. You've gutted this Code so badly that you are never going to get a dedication again on any major thoroughfare. Lucia will be here to make sure of that. So give it to this gentleman, and you won't get any more from anyone else. Mayor Clark: I voted against it last time. You're talking to the choir right here, buddy. Mr. McMaster: Well, I'm just saying, when Tucker got up here, you said, "Well, Tucker, we've already counted the votes, and, you know, you've lost." Well, let us add up the land here. My 40 May 23, 1994 IR understanding is that the applicant also owns the adjacent lot. If you were speaking to him, it would have been about the house on the corner, which is under discussion now, which was a problem, which is his adjacent house. Commissioner Plummer: For the record, Mr. Mayor, if they allow the waiver of the corner, he loses two hundred and thirty-four square feet. Am I correct? Mr. Kay: That's for the entire twenty thousand square feet being platted, it's two hundred thirty- four square feet. Commissioner Plummer: OK. Thank you. Mr. McMaster: You know, my question, J.L., is apparently, if I understand correctly, this gentleman lives next door. He owns the property next door. And let's do some simple addition. He owns 2801 Emathla Street. It contains twenty thousand square feet. He owns the adjacent lot, 2811 Emathla Street that contains twenty-two thousand square feet. He has a total of forty- two thousand square feet, minus two hundred and... Commissioner Plummer: James, James, can I stop you? Mr. McMaster: He has enough for four lots. Commissioner Plummer: Can I stop you? Mayor Clark: Hold it. Please, just a moment. Commissioner Plummer: For whatever reason, unbeknownst to me, the Manager has asked that this matter be sent back to him for reconsideration. That's my motion, whether you want to do it now or at the time of your presentation. Mayor Clark: I think you made some good points that may need further consideration. All right. It's going to be sent back ma'am, so... Commissioner Plummer: Quit when you're ahead. Mayor Clark: I think you're going to win. Commissioner Plummer: I make a motion at this time, Mr. Mayor, as requested by the City Manager, that this matter be reverted back to him, and to be back on the 23rd meeting of June. I so move. Mayor Clark: All right. Second? Is there a second? Do you second it? Commissioner Plummer: I would suggest, Mr. Mayor, that all questions that they have be surrendered to the Manager, so that he can, in fact, take into consideration all aspects of this case. Mayor Clark: Tucker, see the Manager, and you, also, sir. All right, cast a unanimous... Commissioner Plummer: Likewise, the applicant has the same right, of course. Mayor Clark: Please, now let's don't spend all afternoon discussing the deferment, now. Call the roll. 41 May 23, 1994 W The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.94-356 A MOTION TO REFER TO THE CITY MANAGER PROPOSED ACCEPTANCE OF PLAT ENTITLED: "OAK SHADOW" (LOCATED AT EMATHLA STREET AND SECOFFEE STREET IN COCONUT GROVE); FURTHER STIPULATING THAT ALL PERTINENT QUESTIONS BY INTERESTED PARTIES CONCERNING THIS PLAT ARE TO BE SUBMITTED TO THE CITY MANAGER; AND FURTHER DIRECTING THE MANAGER TO BRING THIS ISSUE BACK FOR RECONSIDERATION AT THE MEETING PRESENTLY SCHEDULED FOR JUNE 30, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mayor Clark: What date is that again? Commissioner Plummer: June 23rd. Mayor Clark: That will be the motion on item 10, also? Commissioner Plummer: That would be 10, 11, and 12. All of them are together. i Mr. Richard M. Zelman: Excuse me, Mr. Mayor. Before you take the vote... Mayor Clark: We've taken the vote. Mr. Zelman: I'd like to make, if I can make a statement on the record, if that's allowed or... Mayor Clark: Are you the owner of the property? i Mr. Zelman: No, sir. I'm an attorney and I represent the owner of the property. Mayor Clark: Well, if you have that... Mr. Zelman: The owner of the property is here with me. Mayor Clark: Yes. Mr. Zelman: If you'd rather hear from him. Mayor Clark: Is that his... People have left here now. There's no sense in giving testimony now, when the motion has already been deferred. 42 May 23, 1994 1 04 Mr. Zelman: Well, I asked the City Manager if I could have an opportunity to speak with him. He asked me to speak on the record. Mayor Clark: Sir, the Mayor runs this meeting. Mr. Zelman: Yes, sir. Mayor Clark: Yes, sir. Mr. Zelman: Yes, sir, Mr. Clark. Mayor Clark: And your thoughts will be edited properly at the date of the next hearing, not today. Sorry. Mr. Zelman: Yes, sir, Mr. Mayor. Mayor Clark: Thank you. All right. Mr. Mike Kuryla: Mr. Mayor? Mayor Clark: Yes, sir. Mr. Kuryla: Excuse me. My name is Mike Kuryla. I suspected I might have had an opportunity to address this body, considering that Mr. Gibbs spoke for twenty or twenty-five minutes. I wanted five minutes. Mayor Clark: Well, you're going to be considered, sir, in time, but not today, please. Mr. Kuryla: All right. Mayor Clark: Please. Bear with us. We're not trying to... You'll have ample opportunity, as much time as he spoke. You'll have that time at the final hearing. Mr. Kuryla: Very well. Thank you, sir. Mayor Clark: Thank you. Commissioner Plummer: And for the record, let me just say, this is very unusual, where the Manager, himself, requests that something be sent back to him, and that's why I didn't hesitate to do it. Mr. Mayor, I move item PZ-1. Mayor Clark: Now, just a moment, J.L., before you do it. Commissioner Plummer: Oh, I'm sorry. 43 May 23, 1994 W ---------------------------------------------------------------------------------------------------------------- 11. ALLOCATE $35,000 FROM LAW ENFORCEMENT TRUST FUND (LETF) TO YOUTH H.E.L.P. (HANDGUN EXCHANGE LEADERSHIP PROGRAM) IN AN EFFORT TO TRY TO REDUCE HANDGUN VIOLENCE. Mayor Clark: Pocket item. Let me read this into the record, and then we'll go forward. "Youth H.E.L.P., a handgun exchange leadership program, is a worthwhile and innovative attempt to reduce the number of guns in the possession of our young citizens, and guide them on the path of becoming productive, anti -violent members of our community. Youth H.E.L.P. is making an effort to stop violence among young people and reduce the number of handguns in their possession. Recently, Congressman Deutsch and myself held a fund-raiser at Vizcaya, which was a great success. Chief Ross was there, along with several City and County Commissioners. I know that Charles Halloran and Chris Hillibrant and others in the Youth H.E.L.P. have been working very hard to make the upcoming event in June a very big success. I understand that the County, along with many private and corporate donors have joined with the City to H.E.L.P. sponsor this event. I am in full support of approving Law Enforcement Trust Funds for the Youth H.E.L.P. and for granting fee waivers, or whatever the City can do to accommodate them in their goal of trying to reach approximately two to three thousand young people who will participate in the Youth H.E.L.P. Mentoring Program." I want to see that the LETF (Law Enforcement Trust Fund) be able to support this also. Commissioner Plummer: Mr. Mayor, what amount? Mayor Clark: What amount do we have on this? What amount was requested here? Mr. Tom Robison: I was under... Excuse me, I'm sorry. My name is Tom Robison. I'm the senior volunteer. I live at 1425 Palancia Avenue. Commissioner Plummer: First of all, I can't hear you, sir. I've asked a question and I'd like to get an answer. Mayor Clark: How much do you request? Commissioner Plummer: How much from the Law Enforcement Trust Fund? Mayor Clark: Pull the mike around a little, where you had it. Mr. Robison: I'm sorry. At this... Originally, they were asking for thirty-five thousand dollars. Commissioner Plummer: OK. Again, now, tell me who you are and who you represent. Mr. Robison: My name is Tom Robison. I reside at 1425 Palancia Avenue. I am the senior volunteer to put on this program in conjunction with the Mayor's office. Lt. Joseph Longueira: What organization is it? Mr. Robison: The organization's name is Youth H.E.L.P. 44 May 23, 1994 Mayor Clark: Are you listening, Manager? Cesar? You hear the request here? Commissioner Plummer: Do we have your budget, sir? Mr. Robison: There has been a budget submitted, yes, there has been. Mayor Clark: Law Entrustment Trust Funds, total amount for the Youth H.E.L.P. program is just about at thirty-five thousand dollars. Mr. Cesar Odio (City Manager): Have you applied before this? Have you applied before? Mr. Robison: No, we have not. Mr. Odio: So I need to see your net... We need to submit it to the Chief, and then we'll bring it back here. Mayor Clark: All right. Submit this to the Chief right now. Mr. Robison: OK. Mayor Clark: You got your budget. Mr. Robison: It's for June. Mr. Odio: June 4th? Oh. Commissioner Plummer: There's no way. Mr. Odio: How much money do they want? Commissioner Plummer: They're looking for thirty-five thousand. Mr. Odio: Well, we don't... Mr. Max Cruz: It is ten thousand, almost eleven thousand at the stadium, not counting Police and Fire. Commissioner Plummer: At the Orange Bowl? Mr. Cruz: No, at the baseball stadium. Commissioner Plummer: Well, you want it? Mayor Clark: Yeah, we need it. Commissioner Plummer: Mr. Mayor, I would suggest to you, sir, that we, at the Commission level, approve it, subject to... Mayor Clark: The budget being reviewed. Commissioner Plummer:... the Police Chief being able to make an allocation... Mr. Odio: OK, OK. 45 May 23, 1994 W Commissioner Plummer: ... and the Manager making approval, I'll second your motion, Mr. Mayor. Mayor Clark: Thank you, sir. Thank you very much. Call the roll, Madam Clerk. Lt. Longueira: You approve it pending... Commissioner Plummer: Subject to - and we know the State Statute - the Chief and the Manager both approving. The following resolution was introduced by Mayor Clark, who moved its adoption: RESOLUTION NO. 94-357 A RESOLUTION AUTHORIZING THE FUNDING OF THE YOUTH HANDGUN EXCHANGE LEADERSHIP PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUBJECT TO CERTIFICATION OF SUCH COSTS BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055. (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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 12. CODESIGNATE N.W. 1 PLACE FROM N.W. 14 STREET TO N.W. 20 STREET AS: PHILLIS WHEATLEY PLACE. Commissioner Plummer: Commissioner Dawkins, I have in my possession here... You're going to do a pocket item? It was on Phillis Wheatley? Mayor Clark: Pockets are... I don't know. Commissioner Plummer: I thought you were doing pockets now. Mayor Clark: Yes. 46 May 23, 1994 Commissioner Plummer: It's not mine, Mr. Mayor. Vice Mayor Dawkins: Go ahead. It's mine. Go ahead. Commissioner Plummer: Motion made by Commissioner Dawkins that Northwest First Place and Northwest 14th Street to Northwest 20th Street be designated as Phillis Wheatley Place. I so second the motion. Mayor Clark: I'll third it. Commissioner Plummer: A resolution... I'm sorry. Here, I got it here. "A resolution codesignating Northwest First Place from Northwest 14th to Northwest 20th Street as Phyllis Wheatley Place, waiving the limitation of Section 54-91(5) of the Code of the City of Miami, Florida, as amended, which provides that a numbered street codesignation shall not exceed five blocks in length; further directing the City Manager to instruct the Director of Public Works to transmit a copy of this resolution to herein designated agencies." I so second the motion of Commissioner Dawkins. Mayor Clark: Cast a unanimous ballot, Madam Clerk. The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption: RESOLUTION NO. 94-358 A RESOLUTION CODESIGNATING NORTHWEST 1ST PLACE FROM NORTHWEST 14TH STREET TO NORTHWEST 20TH STREET, MIAMI, FLORIDA, AS "PHILLIS WHEATLEY PLACE"; WAIVING THE LIMITATION OF SECTION 54-91(5) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH PROVIDES THAT NUMBERED STREET CODESIGNATIONS SHALL NOT EXCEED FIVE (5) BLOCKS IN LENGTH; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES. (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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. 47 May 23, 1994 MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 23rd day of May,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. j The meeting was called to order at 4:29 p.m. by Mayor Stephen P. Clark with the following members of the Commission found to be present: Mayor Stephen P. Clark Vice Mayor Miller J. Dawkins Commissioner Wifredo Gort ' Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. ALSO PRESENT: Sergio Rodriguez, Assistant City Manager j Joel Maxwell, Assistant City Attorney j Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk ABSENT: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney ---------------------------------------------(--------------------------------- 13. DISCUSS AND CONTINUE TO JUNE 30TH MEETING) CONSIDERATION 1 OF PROPOSED RESOLUTION CONCERNING REQUEST FOR A SPECIAL EXCEPTION AT 700 N.W. 54 STREET TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION AS TO REQUIRED NUMBER OF PARKING SPACES. (Applicant: Robert G. Brown.) (See label f! 17) ------------------------------------------------------------------------------------------------------- ------ Vice Mayor Dawkins: So what have we got? PZ-1? Mayor Clark: Yeah, PZ-1. Commissioner Plummer: I move PZ-1, Mr. Mayor. Mayor Clark: Is there a second? Vice Mayor Dawkins: Under discussion. i Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor. 48 May 23, 1994 Mayor Clark: Under discussion. Mr. Maxwell: This is an appeal, so you need to indicate exactly what it is that you're approving. Mayor Clark: Is there an appeal here? Mr. Maxwell: Either you affirm the decision of the Board, or you reverse the decision of the Zoning Board. Mayor Clark: Listen, let me make a statement now, so we can get this all clear. When we have a zoning matter to come before us, the way it's going to be handled now is that the petitioner makes his petition. If it takes ten minutes to make that petition, the objector has ten minutes to make their objections to it. That's their final say, right there. Then it goes back to the petitioner for a two minute rebuttal, and then we come to a decision, discussion by the Commission of that decision; not this back and forth and back and forth. You'll never get out of here. Commissioner Plummer: Are you on item 1? I don't see it as an appeal, Joel. Mayor Clark: There's no appeal... i Mr. Maxwell: Oh, I'm sorry. It's a special exception hearing, but you have to... (INAUDIBLE COMMENT MADE OUTSIDE THE PUBLIC RECORD) Commissioner Plummer: I move PZ-1. They have demonstrated that they will have the adequate amount off of the street, and that's always the concern. I so move. i Vice Mayor Dawkins: OK. I want to second it, but under discussion. Mayor Clark: Yes, sir. Vice Mayor Dawkins: Where is 700 and 54th Street, and what is it? On the northeast comer of 54th Street, there's a Burger King. Commissioner Plummer: No, it says southeast corner. Vice Mayor Dawkins: On the northwest corner of 54th Street, there is an old Gulf Station. On the southeast side of 54th Street, there is a Shell Station. On the southwest corner of 54th Street, there is a vacant lot. Mr. Sergio Rodriguez (Assistant City Manager): That's the one. Ms. Lourdes Slazyk: That's the subject... Vice Mayor Dawkins: Behind the vacant... Well, what are they going to put on it? Ms. Slazyk: It's going to be a Checkers drive -through facility. The special exception is to reduce the reservoir space. Vice Mayor Dawkins: Why would they have to have a special exception when there's the Kentucky Fried Chicken next door that does not have a special exception, and a man with a wash house west of there who does not have a special exception? Why do you want to make one for them? i i 49 May 23, 1994 Ms. Slazyk: Their special exception is to reduce the number of reservoir spaces through the drive -through lanes. The ordinance says that any reduction in those reservoir spaces needs a special exception, with City Commission approval. ! Vice Mayor Dawkins: Shell doesn't have one, the Burger King doesn't have one, and the Kentucky Fried Chicken does not have one, and you still have not told me why it's necessary for them to have one. You tell me that they want one. You did not tell me why it's necessary. You explain to me why it's necessary that they have it, I don't have a problem. Mr. Rodriguez: Commissioner... Vice Mayor Dawkins: Don't tell me that they just want it. Mr. Rodriguez: Yeah. Let me try to explain to you the issue on this. Some time ago, when we have places where we had drive-ins, the City Commission instructed the staff to have an ordinance that would require having reservoir spaces, and to bring each one of them to the City Commission. So maybe the ones that you are mentioning came before this law was passed. The requirement of the law now, it says that any time you provide the amount of parking - of reservoir spaces in each one of these drive-ins, it has to go before the Zoning Board, and then to the City Commission for approval. Vice Mayor Dawkins: But you're telling me why they went. Nobody's telling me why they have to have it. Mr. Rodriguez: The reason... Vice Mayor Dawkins: I'm getting everything but why they have to have it. Mr. Rodriguez: The Commission instructed us specifically to do so, and the reason why the Commission was concerned was because it was... Vice Mayor Dawkins: See, the City Commission did not tell you specifically to give them an extra space. I did not tell you that, and don't sit there and tell me that I told you - that you brought it back to me because the City Commission specifically told you to bring it back to give them a space. Mr. Rodriguez: No, sir. What I was trying to say was that the City Commission said that any time we didn't have the reservoir spaces, we had to come before you, because you, yourself, wanted to see each case individually. And the reason why you wanted to see, individually, each case is because you were concerned that in some cases when the number of spaces were not provided, they were interfering with the traffic in the adjacent streets. Commissioner Gort: Mr. Mayor. Mayor Clark: OK. Yes. Commissioner Gort: Mr. Miller - Commissioner Dawkins, if you yield for a minute, I think we can clarify this. I think what Commissioner Dawkins is asking is someone should tell us why they need that space. Vice Mayor Dawkins: That's all, that's all I'm asking for. Mr. Rodriguez: And that's what I said before, that the Commission instructed us to have the number of spaces... ' 50 May 23, 1994 l Commissione- Mort: You're saying the technical part. Mr. Rodriguez: Uh-huh. Commissioner Gort: Now... Mr. Rodriguez: And the reason why... Commissioner Gort: Yes, why? Mr. Rodriguez: ... the Commission asked us, as I mentioned before, is because the - if you didn't have the number of spaces inside the property, they would be spilling over near the adjacent streets. Commissioner Gort: I understand that. But what we'd like to know, the reason I imagine we passed that is because we wanted to know if that was going to create some problem within traffic patterns. Ms. Slazyk: Yeah. The ordinance... Commissioner Gort: So,I imagine you have done a study, and you've got an answer, and you've got to tell us, the reason they need it is because they got this type of business... Mayor Clark: Be strong. Go ahead and be strong. Commissioner Gort: ... this is what they need, and it would not create any problem, traffic problem. Ms. Slazyk: Right. The reduction... The ordinance right now... Mayor Clark: OK. Ms. Slazyk: ... requires them to have a total of ten spaces; one before the window, one at the window, and eight after. That's ten spaces for each drive -through. Mayor Clark: All right. Ms. Slazyk: The lot is not big enough to supply the length of car space they need. Mayor Clark: Gotcha. Ms. Slazyk: This is basically a reduction of their stacking space. The lot isn't big enough. But the Checkers, the way Checkers operates, since they have drive -through windows only and no sit down restaurant, they have high turnaround time. And their own studies show that their... They typically will not need this kind of backup. And we recommend approval. Vice Mayor Dawkins: All I'm saying to you is I do not need another fast food restaurant. OK? I got Burger King across the street, I got Kentucky Fried Chicken next to where you want to put the Checkers, I got Popeye's Chicken down the road. Mayor Clark: Popeye? 51 May 23, 1994 Vice Mayor Dawkins: Yeah. Every time I look, you're throwing up a quick food restaurant, which I have no problem with, as long as they meet the requirements. But why should I give him an extra road... OK, bring this back, please. Let me talk with you. Mayor Clark: You want to defer it? Mr. Rodriguez: You want to defer it to the next Planning and Zoning Agenda? Mayor Clark. Motion to defer by Mr. Dawkins. Seconded by Mr.... Commissioner Plummer: Fine. I withdraw my motion. Mayor Clark: OK. Mr. Rodriguez: June 23rd? Mayor Clark: Cast a unanimous ballot. THEREUPON MOTION DULY MADE BY VICE MAYOR DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, ITEM PZ-1 WAS CONTINUED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 14. SECOND 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 Dept.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Next item, item 2. Ms. Lourdes Slazyk: Yeah. PZ-2 and 3 are companion items for a change of zoning and land use at approximately 2517 Southwest 7th Street. This is a second reading. Commissioner Plummer: What is this? What's on... Ms. Slazyk: This is the rear lots of the Miami -Dade Community College, a change that you had before you at the past several meetings. Mayor Clark: Yes. This has been approved by both departments? 52 May 23, 1994 Ms. Slazyk: Yes. Commissioner Plummer: Is this taking another property off the tax roll? Mr. Sergio Rodriguez (Assistant City Manager): They own the property, I believe. Commissioner Plummer: It's another one off the tax roll. Mayor Clark: They own it anyway, J.L. Commissioner Plummer: Yeah, I hear you, Mr. Mayor. Mayor Clark: All right. Moved and seconded? Commissioner Plummer: Yeah. Mayor Clark: Call the roll, Madam Clerk. Commissioner Plummer: No, it's an ordinance. Mr. Joel Maxwell (Assistant City Attorney): It's an ordinance, Mr. Mayor. Mayor Clark: OK. Mr. Maxwell: Also, Mr. Mayor, the effective date of this ordinance should show a different date than is shown in there because of the change in State law. This ordinance and this companion ordinance should show that the effective date will occur at such time as the ordinance is found in compliance, pursuant to Chapter 163.3189 Florida Statute. Mayor Clark: Is that a second reading now? Ms. Slazyk: Yes. Mayor Clark: OK. Go ahead. Commissioner Plummer: Two and 3. Mayor Clark: All right. Call the roll. 53 May 23, 1994 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 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. Passed on its first reading by title at the meeting of April. 28, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11152. 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. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE ZONING CLASSIFICATION AT 2517-21 S.W. 7 STREET FROM C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT / INSTITUTIONAL. (Applicant: Planning, Building & Zoning Dept.) Commissioner Plummer: I move item 3. It's a companion. Mayor Clark: Is this a second reading, so we don't have another reading? Ms. Matty Hirai (City Clerk): No, sir, it's a second reading. Mayor Clark: OK. Call the next item. Mr. Maxwell: Do you want the title read, Mr. Mayor? Commissioner Plummer: Huh? 54 May 23, 1994 Mr. Maxwell: On PZ-3? Commissioner Plummer: Yeah. Ms. Hirai: Yes. Mr. Maxwell: An ordinance... Title, sir? Mayor Clark: Go ahead. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY) Mr. Maxwell: The effective date would be the same as I just indicated before, Mr. Mayor. Mayor Clark: Motion? Commissioner Plummer: I moved it. Mayor Clark: And a second? Ms. Hirai: Commissioner De Yurre. Mayor Clark: Call the roll. 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 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. Passed on its first reading by title at the meeting of April 28, 1994, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner De Yurre, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11153. 55 May 23, 1994 W 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. ------------------------------------------------------------------------------- --------------------------------- 16. DISCUSSION CONCERNING POSSIBLE SCHEDULING OF PLANNING AND ZONING ITEMS BEFORE 5.00 P.M. j---------------------------------------------------------------------------------------------------------------- i ! Mayor Clark: All right. Number 4. Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, number 4 is scheduled for 5:00 o'clock. Mayor Clark: Is what? Mr. Rodriguez: It's scheduled for 5:00 o'clock. From four on, they are scheduled for 5:00 because we are expecting in number 4 some neighbors to complain about it, and they asked us to schedule it for 5:00. Mayor Clark: All right, fine. Mr. Attorney, when we have the next vote, do we have... Is this a Charter provision, 5:00 o'clock? Mr. Maxwell: No, sir. 5:00 o'clock... There's a certain statutory provision dealing with... Commissioner Plummer: I think it's State statute. i Mayor Clark: What stat... We're going to get a motion on the floor to consider that by the electorate of the City of Miami, that this should start at 9:00 o'clock in the morning, like everything else should start. 1 Mr. Maxwell: It's State statute, sir. Commissioner Plummer: It's State statute, Mr. Mayor. Mr. Maxwell: Any amendment concerning... Here's the statute: 166041 says any land use change involving more than five percent of the land shall be after 5:00 o'clock. Commissioner Plummer: No, he's talking about the time. Mr. Maxwell: That it's after 5:00 o'clock. i Commissioner Plummer: Oh. Mr. Maxwell: But any that does not involve more than five percent could be heard before 5:00 i o'clock. Mayor Clark: Well, let me ask you this. How they receive it in the County, they can handle plenty of land there early at 9:00 o'clock in the morning. Mr. Maxwell: The problem with the County, Mr. Mayor, is that the County operates under a different statute. 4 56 May 23, 1994 Vice Mayor Dawkins: OK. Well, I'm going to... Mr. Maxwell: It's 125. It's not bound by 166. i Vice Mayor Dawkins: OK. I'm going to make a motion. Mayor Clark: It's going to get unbound right quick. Vice Mayor Dawkins: I'm going to make a motion to agree with the Mayor that when those issues that apply which require after 5:00 o'clock... Mr. Maxwell: There are several that you... Vice Mayor Dawkins: ... that we can put them all on an agenda at some special time and come here at 5:00 o'clock. Mr. Maxwell: Mr. Mayor and members of the Commission, there are land use matters that you can hear before 5:00 o'clock, but it would require staff to segregate those items. So it would require... Vice Mayor Dawkins: We understand. Mr. Maxwell: If you direct staff to do that, they can do that. Mayor Clark: Well, segregate them, then. That's what we're talking about. Vice Mayor Dawkins: That's what I'm saying, segregate them. That's what I'm saying. Mr. Rodriguez: Mr. Mayor. Mayor Clark: It's an inconvenience for these people. This man should be heard right now, and I have to wait till 5:00 o'clock. Mr. Rodriguez: In this particular situation, number 4 didn't have to be, by law, heard after 5:00. It's just that in some cases, when we hear from neighbors asking us to schedule after 5:00, we do so. But if you give us directions... Mayor Clark: Please, the neighbors should understand that the Commission runs here by these five people. I Mr. Rodriguez: Right. Mayor Clark: We set the law, not out in the field. END OF DISCUSSION --NO ACTION TAKEN 57 May 23, 1994 N] -- ------------------------------------------------------------------------------------------------------------- 17. (Continued) DISCUSSION CONCERNING REQUEST FOR SPECIAL EXCEPTION AT 700 N.W. 54 STREET TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION AS TO REQUIRED NUMBER OF PARKING SPACES. (Applicant: Robert G. Brown.) (See label 13) ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor, since we have twenty minutes, do you want to talk about some other things? Vice Mayor Dawkins: No. Commissioner Plummer: No. Mayor Clark: What are you going to talk about? f Commissioner Plummer: Well, let me tell you what I'd like to talk about if I... What are you here for? Mr. Clark Bridgman: Mr. Plummer, my name is Clark Bridgman. I was here for PZ-1. The Commission went through it rather quickly. Commissioner Plummer: It's deferred. Mr. Bridgman: I understand that. My name is Clark Bridgman. I'm here with Checkers, representing Checkers. I reside at - actually, our office is at 3217 Northwest loth Terrace in Fort Lauderdale. We have a contract with the owners, the Breeding (phonetic) Estate, which is subject to being expired if we cannot move forward with this. Deferring this for a month, the current landowners, which is being handled by an attorney, feel that we are delaying it. This ! project has been on the books now for something close to eighteen months. They have been very cooperative in working with us, and we've finally come to this point. And I urge you to discuss it today and see if we can not defer it, and make some headway here today. Commissioner De Yurre: Mr. Mayor, if... Vice Mayor Dawkins: So for eighteen months, this City Commission has held you up, for i eighteen months? Mr. Bridgman: No, sir. I'm saying in the overall picture. Vice Mayor Dawkins: OK. But, see, but when you... You have to take it out of that context, see. You have to let it be known that it was not this City Commission which held your project up for 18 months, and caused it almost to go down the drain. Mr. Bridgman: Oh, that's correct. Vice Mayor Dawkins: OK. Thank you, sir. Commissioner De Yurre: Mr. Mayor, if I may. 58 May 23, 1994 Mayor Clark: Yes, sir. Commissioner De Yurre: My suggestion would be, if you want to hear it now, you might end up losing, ten to nothing. So deferral, I think, is in your best interest. Vice Mayor Dawkins: Well, he's got twenty minutes, Mr. Mayor. Maybe he wants to go around and talk to each Commissioner. I don't know. Mayor Clark: No, you don't do that. Vice Mayor Dawkins: OK, then, that's fine. Mayor Clark: It's been deferred. Thank you, sir. Mr. Bridgman: All right. END OF DISCUSSION --NO ACTION TAKEN -- ------------------------------------------------------------------------------------------------------------- 18. DISCUSSION CONCERNING ALARMING PERCENTAGE OF TAX EXEMPT PROPERTIES WITHIN CITY LIMITS DESPITE THE FACT THAT THE CITY IS STILL OBLIGATED TO RENDER SERVICES -- DIRECT CITY ATTORNEY TO AMEND APPLICABLE RESOLUTION FOR ADOPTION BY CITY COMMISSION SHOWING COMMISSIONER PLUMMER AS A MEMBER OF SAID COMMITTEE. (See label 24) -------------------------------------- -------------------------------------------------------------------------- Commissioner Plummer: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Plummer: I would like, if it's possible, to volunteer to serve on the committee of the tax exempt property. I think this is an important and far-reaching committee, which we do not have a Commissioner on. If any other Commissioner wants to serve on it, fine. Mayor Clark: Who serves on that committee now? Commissioner Plummer: No Commissioner serves on it. i Mayor Clark: Well, who's on the committee? What's the makeup? Mr. Joel Maxwell (Assistant City Attorney): There are five members appointed by the Commission and then staff members. Commissioner Plummer: There are five members. And I just think that this thing has got to be pushed, and it's a saving factor to this community, and I would like to volunteer. If anybody else wants to do it, fine with me, but I think a Commissioner... Vice Mayor Dawkins: Let's give it to J.L. Plummer - I mean to Commissioner Gort. I get tired of J.L. Plummer volunteering his services. He's been here too long. Commissioner Plummer: That's fine with me. 59 May 23, 1994 Mayor Clark: No, J.L.'s got the job. Commissioner Plummer: OK. So if you will then give me... I will then pull this committee together. We've got to do something and do it now. Mayor Clark: I understand. If not, it's going to get so bad you can forget about it. Commissioner Plummer: Let me tell you, the City... Just for your edification, Mr. Mayor, the City of Boston is now voluntarily receiving from different entities of corporate private structure over ten million dollars in annual contributions to the City of Boston. Mayor Clark: That's right, exactly. I know that. Commissioner Plummer: And there's other cities... Mayor Clark: And here, we receive nothing. Commissioner Plummer: You know, I'd hate to be in a position as you, as Mayor, to go down and tell the Federal Judge, well, if you're not going to pay us, then buy your own fire truck, but that's where - we're headed that way. Mayor Clark: They pay nothing for the services. Commissioner Plummer: None at all, sir. Mayor Clark: Not a dime. ! Commissioner Plummer: Your transition team even came up with higher numbers than what I had been told previously, that in fifteen billion dollars of tax exemption, thirty-one percent of this City is tax exempt. Vice Mayor Dawkins: Of course. Commissioner Plummer: Nobody can fight the twenty-five thousand homeowners, nobody's going to fight the churches. But let me tell you, the rest of it, somebody has got to come up with some dollars. Mayor Clark: You're appointed, buddy. You got the blessing. Commissioner Plummer: Well, you bet your bippy, I'm going to do something with it. Mayor Clark: We're in recess until 5:00, folks. Just relax. i j Commissioner Plummer: You need to amend a resolution, I'm told, Mr. Mayor. How do you do f that? Mr. Maxwell: We can... You instruct us to come back with a change at the next Commission meeting and we'll have that. Commissioner Plummer: OK. Mr. Maxwell: Making that change, including a Commission member as a member of the P.I.L.O.T. committee. 60 May 23, 1994 W. Commissioner Plummer: That's fine. Bring it back this afternoon. We'll do it this afternoon. END OF DISCUSSION -- NO ACTION TAKEN THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:45 P.M. AND RECONVENED AT 5:00 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER DE YURRE AND COMMISSIONER GORT, FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 19. DISCUSS AND CONTINUE (TO JUNE 9TH MEETING) CONSIDERATION OF AN APPEAL OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPLICATION FOR REMOVAL OF AN OAK TREE AT 2129 TIGERTAIL AVENUE -- DIRECT APPLICANT (DR. NEIL A. FISHER) TO OBTAIN AN INDEPENDENT ENGINEERING REPORT TO DETERMINE WHETHER SAID OAK TREE IS, IN FACT, CAUSING STRUCTURAL DAMAGE TO SAID PROPERTY. ---------------------------------------------------------------------------------------------------------------- AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO, 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: These are the new ground rules, so you can all consider them. A petitioner is allowed to present a petition on this side. If it takes ten minutes to make that petition, present that petition, you've got ten minutes. The objectors have the same length of time. They may have 500 objectors, but they've got the same length of time, in all fairness. After that is finished, the petitioner has the proper right to have two minutes of rebuttal. Then we come to a decision. We're not going to have these meetings go on all night, back and forth, back and forth. That's not proper procedure. That will be the procedure from this chair in the future and tonight. Item number 4. Mr. Sergio Rodriguez (Assistant City Manager): We have the staff over here to present the position of the staff, and we have an appeal of a decision made by the owners of the property, which is Dr. Neil Fisher, on the decision made by the Historic Preservation Board. Mayor Clark: All right. Mr. Rodriguez: Do you want the staff to start? Commissioner Plummer: Is the owner of the property here? Dr. Neil Fisher: Yes, I am. Mr. Rodriguez: Yeah. Mayor Clark: Get Victor and Willy in here, will you? 61 May 23, 1994 Dr. Fisher: Good afternoon. I'm Dr. Neil Fisher. And as they said, I am the owner of 2129 Tigertail Avenue. I'd like to submit to you some information concerning a large oak tree that I have growing... Commissioner Plummer: Could you speak up a little louder, please? Dr. Fisher: I'd like to submit... Vice Mayor Dawkins: Pull the mike closer to you, sir. i Dr. Fisher: I'd like to submit to you some information regarding a large tree I have growing within my house at 2129 Tigertail in Coconut Grove. It's pictures and documentation. Mayor Clark: Please. I haven't seen it. I'd like to see those pictures. Mr. Rodriguez: Do you want the staff to make a presentation? Commissioner Plummer: Not especially. Mayor Clark: Mr. Rodriguez, he's appealing? Mr. Rodriguez: He's the owner and he's appealing the decision from the Heritage (sic) Preservation Board that denied his previous appeal from a decision that was made by the NET (Neighborhood Enhancement Team) Administrator to deny his permit to remove a tree. Mayor Clark: Why are we considering this at a zoning hearing? Mr. Rodriguez: Because any decision by the Heritage (sic) Preservation Board is appealable to the City Commission. Commissioner Plummer: Can I ask a question? Mayor Clark: Yes. Commissioner Plummer: Has there been a determination that... I have notes here that tell me that this is structurally making a problem for the house. Is that a true... Has that determination been made? Dr. Fisher: You have the... Commissioner Plummer: No, not you, sir. The professionals. [NOTE: Commissioner De Yurre entered the commission chamber at 5:03 p.m. Ms. Sarah Eaton: To our knowledge, this decision - I mean this report was not prepared by an engineer. It was prepared by an inspector. Mayor Clark: Excuse me. You're representing? Ms. Eaton: Sarah Eaton, Planning, Building and Zoning. 62 May 23, 1994 Ms. Eaton: Sarah Eaton, Planning, Building and Zoning. Mayor Clark: Yes, ma'am. Commissioner Plummer: Has there been by... Vice Mayor Dawkins: Hold it, hold it, hold it. You're representing Planning, Building and Zoning or Heritage Planning? Ms. Eaton: Both, I guess. Vice Mayor Dawkins: OK. Well, let's... OK. Commissioner Plummer: Has there been a determination made by any competent authority that, in fact, this tree is structurally altering the house? Mr. Rodriguez: I'm not aware of any determination made by any staff on this issue. Commissioner Plummer: I didn't say "staff." I said "competent authority." That excludes staff. Mr. Rodriguez: Either one. Commissioner Plummer: You know, I... Mr. Mayor, I got a problem. You know, I grew up in a house where your house was your home and it was your castle, and I got to tell you something. My father had a sign on the inside of that house that made one statement, and I don't know what happened to that statement. "This is my damn house, and I'll do as I damn well please." Now, you know, here is a man who has a house, and if he wants a tree inside of it, god bless him. If he doesn't want a tree uprooting his house, why should we make him do it? I don't understand this. Now, you're making a statement here that you did not check to make sure that this was structurally altering the house. And how can we let it go this far before us, if, in fact, the contention is that it is structurally altering the house, and you haven't done anything to make sure that it has or has not? Hello? NOTE FOR THE RECORD: Commissioner Gort entered the Commission chamber at 5:66 p.m. Ms. Eaton. The burden of proof is on the property owner to... Commissioner Plummer: Absolutely not, absolutely not. You are the one who are accusing him. Now, if you're accusing him of saying that he can't do, because he isn't doing what he says he's doing, it's up to you to prove. That's my opinion, now. Mayor Clark: You're right, J.L. Commissioner Plummer: You know, it's... What happened to "A man's home is his castle"? You're telling him he owns the house, but he can't do with his house what he wants to do. Commissioner De Yurre: We don't have castles anymore. Commissioner Plummer: Well, castles or "smastles," you're still paying tax. 63 May 23, 1994 Mayor Clark: Please, please, now. Let's... Have you... Mr. Rodriguez: To put it, Mr. Mayor... Mayor Clark: Yes. Mr. Rodriguez: ... in the proper perspective, the reason why this is before you is because legally, you have an ordinance that says that before you can cut certain tree sizes, you have to... Commissioner Plummer: Is that before or after the house is gone? i Mr. Rodriguez: Well, let me finish, if I may. Before you can cut trees of a certain size, it has to be approved by the City. In this particular case, it was not approved by the inspector that went to the site. Mayor Clark: Please. There's a motion to defer on the table right now till a competent engineer, an architect can give us a proper report as to what we're voting on, for or against. Mr. Rodriguez: That's fine. Mayor Clark: There's no sense in carrying this on with your thoughts, his thoughts, or someone else's thoughts. We have to have a competent engineer to come back here and tell us that this tree is destroying the house. Motion to defer. Commissioner Plummer: Mr. Mayor, I'll go along with that, but let me tell you something. As far as I'm concerned, I'm going to make a motion to deny. Let the man enjoy the peace and j tranquility of his home. I mean, this doesn't make sense to me. Dr. Fisher: The tree is growing within my house. Commissioner Plummer: Why should I tell this man what he can do and what he can't with his house? Mayor Clark: OK. All right. Commissioner Plummer: Now, you want to defer it, look, that's fine. Vice Mayor Dawkins: ,No. Commissioner Plummer: But I just think they got too many important things to do in this community than worry about the tree in this man's house. Vice Mayor Dawkins: Well, I'd like to ask one question, Mr. Mayor. Commissioner Plummer: I don't understand. Vice Mayor Dawkins: Those who do not want the man to cut the tree down, are they willing to pay him appraised value for his house and the tree, and let him go? You see, you're coming back to what Commissioner Plummer says. You just... This is America. You just can't take people's property and do what you want with it. OK, now if you're willing to buy his house and you can own the tree, then you can do what you want to do with the tree. But as long as the gentleman owns the house and the tree, I mean, I have to go along with J.L. Make your motion, J.L. 64 May 23, 1994 W W Commissioner Plummer: I'll make the motion - what is it? - to deny the appeal? Mr. Rodriguez: No, to uphold the appeal, if you want to go with the owner. Commissioner Plummer: Uphold the appeal, that's what I'll do. Vice Mayor Dawkins: I second it. Commissioner Gort: Discussion? Commissioner De Yurre: Discussion, yes. Commissioner Gort: I got a question. What came first, the tree or the house? Commissioner Plummer: The chicken or the egg? Dr. Fisher: The tree came first. Mr, Rodriguez: The tree. The house was built around the tree originally. It was called a tree house. Commissioner Gort: So in other words, the gentleman built a house around the tree, an existing tree. Mr. Rodriguez: Right. Commissioner Gort: So he knew what was happening when he built the house. Mr. Rodriguez: I think it was the previous owner. Commissioner Gort: OK. Thank you. Commissioner Plummer: I'll tell you something. If my motion fails... OK, how many of these trees we saw laying across houses in a hurricane? And this was in the middle of the house? I'm sorry. Commissioner De Yurre: Mr. Mayor, if I may. Mayor Clark: Yes, sir. Commissioner De Yurre: And to counter that argument, it's still standing. So much for that argument. I would say, to begin with, we have to go back to the history of this house. If this is going to be deferred, one of the things that I would like to see is what happened... Mayor Clark: Well, there's a motion on the floor to approve his petition. Commissioner De Yurre: I know, I know. But the point that I'm trying to make is the fact that if we allow something like this to happen, then people can circumvent the process. People can say... If he says, "I want to knock down this tree," and he's now allowed to, he goes ahead and he builds with the tree there, Then he can come back and say, "Now I have to knock down the tree because of 'A,' 'B,' and 'C.'" I think we need to find out historically what happened when that house was built, what arguments, and we ought to go back in time and see exactly.., Dr. Fisher: There is a letter submitted to you. 65 May 23, 1994 Mayor Clark: How old is the house? Dr. Fisher: The house was built back in '67, and part of the letter packet that I gave to you is from the previous owner, Barbara Smith. It was built for her parents. She knows the house intimately. Her former husband was the architect of the house. And it's very clear in her letter that she believes the tree has outlived its purpose in the house, that it only can be considered a liability. That's a direct quote from her letter that is part of the packet that I submitted to you. It was a very interesting idea back in 1967, but things do grow very quickly here. And certainly, the amount of damage that it's done to the foundation, the brick paving... It's actually lifting up the foundation at the rear of the house. Mayor Clark: I can see that in the pictures. Dr. Fisher: That's what the pictures are for. Commissioner Plummer: Hey, if... Mayor Clark: All right. Let's call the... Commissioner Plummer: Mr. Mayor, if the tree was not in the middle of the house... I love the oak trees, and I would love to see them stay, but this one looks to be, without any question, structurally altering the house. Now, outside of the house, I would not vote for it. We have an ordinance, a tree ordinance. I think it's a great ordinance. Anything over six inches, I think you've got to have a permit to take it down, and it should be. But this one's in the middle of a house. That's a different story entirely. Mayor Clark: All right. Call the roll, Madam Clerk. No further discussion. Mr. Tucker Gibbs: Is there any comment from the public? Mayor Clark: What? Mr. Gibbs: You said the applicant would have his chance. He spoke, and I think that it would be only fair at least to give us the same amount of time. Mayor Clark: This lovely lady spoke to us. Where were you hiding? Mr. Gibbs: Right behind her. Mayor Clark: Right behind her? Mr. Gibbs: Along with some other people who probably wanted to speak as well. It's a real quick question. Mayor Clark: Go ahead. Go ahead now. Mr. Gibbs: Real quick question. The County has an ordinance dealing with specimen trees. I think this is a specimen tree, under the County ordinance, and I was just wondering if... how that applies to this situation here, if the County knows what's going on, and if they've approved it. Mayor Clark: Ask the attorney. Mr. Gibbs: I just asked. 66 May 23, 1994 Commissioner Plummer: I can't answer that. Commissioner De Yurre: Well, who's going to answer it? Mr. Joel Maxwell (Assistant City Attorney): The County ordinance sets minimum standards for governing tree removal and so forth within the City. What the City can - in the County, rather. The City of Miami has the authority to set more stringent standards, and it has done so. So unless he can show specifically where our ordinance is deficient and contradicts the County ordinance, the City ordinance would govern. Mayor Clark: That's right. All right. Yes, ma'am. Ms. Joyce Nelson: My name is Joyce Nelson. I live at 2535 Inagua Avenue. I'm speaking on behalf of myself as a resident of the Grove, and also as president of the Coconut Grove Civic Club. We have an ordinance to protect our trees. There's a reason for that. We have trees in Coconut Grove. People come to Coconut Grove because we have trees. You drive out of the City, out of the area of Coconut Grove, and you see less, and less, and less trees. We want to keep the trees here. I agree, if we can get an independent structural engineer to evaluate the house, perhaps that's the best solution, to find out exactly what is going on with the tree, rather than making a decision about something because we see a picture, or an architect drawing, or something that says it's doing damage to the house. I have a tree next to my house, and developers come in, and they say, "Well, the first thing you've got to do is get rid of the tree." You don't have to get rid of the tree. There are ways to work around it, and I have done that with my house. It didn't cost me any more money, and perhaps it might cost more money in this case, I don't know. We don't even know. We have nothing to go by. Mayor Clark: All right. You've made your point. Thank you. Commissioner Plummer: But it was your choice. That's my point. Mayor Clark: What is it? What is it? Commissioner Plummer: I said, in this particular case, it was your choice, inside of your house. That's my only point. Ms. Nelson: No, I would have to come before these boards, also, and ask them for permission to get rid of the tree. Mayor Clark: OK. Ms. Nelson: I chose to work with the tree, rather than work against it. Mayor Clark: All right. Thank you, ma'am. Mr. Manuel Gonzalez-Goenaga: Yes. My name is Manuel Gonzalez. I hesitate to speak my mind. That's why I'm just quoting Charles Dickens when he did say, "Sometimes the law is an ass." Thank you very much. Mayor Clark: All right. Commissioner Plummer: Go ahead and follow that one, now. Mayor Clark: Boy, I'll tell you, if you can follow that... I quit smoking on that one. Yes, yes, ma'am. 67 May 23, 1994 Ms. Sally Richardson: I'm not sure whether I agree or oppose that. My name is Sally Richardson. I live at 3124 Emathla and I'm... Vice Mayor Dawkins: Pull the mike to you, please, ma'am. Ms. Richardson: My name is Sally Richardson. I'm at 3125 Emathla, and I'm here to oppose the request to cut down the tree. We all pay taxes in North Coconut Grove, as I'm sure you're well aware. And most of us pay our taxes because of the trees that exist in Coconut Grove. That's what makes this a special place. This, I understand, is a very, very old oak tree, and you have an ordinance that has specific requirements, and I don't think you're entitled to just ignore those, and to permit the property owner to ignore them by simply building a structure around the tree and then saying that it's hurting the structure. So unless you're going to get the kind of studies that you're talking about... And make him get them, because he is the owner, and he is asking for permission to cut it down, which he has to do under this ordinance. It should be his obligation to prove to you that he has to cut it down. So we would ask that you deny this appeal at this point. Mayor Clark: Thank you. There's a motion on the floor. Any further discussion? Commissioner De Yurre: I just want to know, Mr. Mayor, how long have you lived on the property? Dr. Fisher: I bought the property on March 1st, so very recently. Commissioner De Yurre: Oh, so... Dr. Fisher: But certainly, when... Commissioner De Yurre: No, hold it. March 1st. So you already knew of this problem. I mean, like, it's not something that came up after you bought the house. Dr. Fisher: The letter from the property inspector that I submitted, it's at the top of the letters, a copy. Well, I had the property inspected before I bought it. It certainly is a very large oak tree, and certainly, he told me right away to pay attention to this oak tree, because it's causing structural damage. The first thing I did when I bought the house... Commissioner De Yurre: Hold it, hold it, hold it. You went ahead with the same situation existing, obviously, OK? You went ahead, and you purchased the house with what you... You bought a problem is what you did. Dr. Fisher: Right. But I also, in the first week of March... Commissioner De Yurre: And you want us to solve... Hold it, hold it, I'm talking now. i Dr. Fisher: Uh-huh. Commissioner De Yurre: You bought a problem, and now, you want us to relieve you of the problem that you bought, you know. OK. That's OK. Mayor Clark: No further discussion? Commissioner De Yurre: No. 68 May 23, 1994 Mayor Clark: Call the roll, Madam Clerk. Do you have to read this, the ordinance? Commissioner Plummer: Item 4. Mr. Maxwell: This is an appeal, it's not an ordinance, Mr. Mayor. But you need to know, before you vote, you need to be aware that you don't have the option of deferral, should this vote fail. Mayor Clark: OK. Call the roll. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE MAYOR DAWKINS, TO GRANT THE APPEAL (ITEM PZ-4) FAILED BY THE FOLLOWING VOTE: AYES: Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins NAYS: Commissioner Victor De Yurre Commissioner Wifredo Gort Mayor Stephen P. Clark ABSENT: None. Ms. Matty Hirai (City Clerk): The motion fails. Mayor Clark: Now, how do I get it back for a deferral? Vice Mayor Dawkins: That's it, it's finished. Commissioner Plummer: You reverse it. Vice Mayor Dawkins: No, you don't. Mr. Maxwell: No. That's why I was telling you. The option of deferral is not there. Vice Mayor Dawkins: He cannot cut the tree down. It's over. Mayor Clark: He has no further recourse? Vice Mayor Dawkins: No, sir. Mr. Maxwell: He can go to court. What you had before you, right now, was a motion to reverse the decision. Now, what would be appropriate would be a motion to affirm the decision of the HEP Board (Historic and Environmental Preservation Board). I Mayor Clark: I'm not going to do that. Commissioner De Yurre: Well, I think that we should have a motion to reconsider. Mr. Maxwell: Excuse me? Commissioner De Yurre: Hello? 69 May 23, 1994 Commissioner Plummer: Well, you can make the opposite motion without... Commissioner De Yurre: And then go back and defer. Mr. Maxwell: The opposite motion would do the same thing, a motion to affirm the decision. Commissioner De Yurre: No, but see... Excuse me, Mr. Mayor. Mayor Clark: Hold it. If you make a motion to reconsider, can we get a new motion? Mr. Maxwell: Yes, sir. Mayor Clark: If we're on the affirmative side, we can vote to defer then. Commissioner De Yurre: That's right. Mr. Maxwell: No, no. You see, the problem is, you're precluded... You may recall a couple of months ago, you had a situation similar to this. The City Code specifically says that you must render a decision on appeals from the HEP Board, Heritage (sic) Environmental Preservation Board, within forty-five days of the appeal being filed. In this particular case, the appeal was filed on April 8th, I believe. Therefore, you don't have forty-five days before the next P&Z (Planning and Zoning) meeting of this Commission. You must render a decision today, or the appellant will automatically prevail. Mayor Clark: Can we bring it back at the next meeting? Mr. Maxwell: I believe that would be within the time. You can special set it. Mayor Clark: For deferral? For a deferral? Can we have... Mr. Maxwell: That would probably... When is the next, Madam Clerk... Ms. Hirai: June the 9th. June the 9th, 9th. Commissioner Plummer: June 9. Mr. Maxwell: June 9th? I don't know if that's in forty-five days. We'd have to calculate it. Yes, it probably is. Yes. So put it on the... Defer it until June the 9th. Mayor Clark: Can you vote to defer it at that time? Commissioner Plummer: You'd have to reconsider. Mayor Clark: What's the reason to bring it back if we can't defer it till we get the engineer's report? Mr. Maxwell: You can't defer it beyond forty-five days from April the 28th. Commissioner Plummer: The question is, can you get a structural opinion within that period of time is what I believe is... Mr. Rodriguez: We can... Mr. Maxwell: Well, Mr.... May I say something? I don't... Here is something. There are several criteria that this board would use, this Commission would use to determine whether or 70 May 23, 1994 not a tree permit should have been granted or should have been denied. And among the criteria is a finding that the tree initially was in the buildable area of the house. What I mean by that is that if this applicant had approached the HEP Board and asked for a permit to build this house, they could have determined initially that the tree was in the buildable area of the house and could have granted that. He could have had it. After the fact, now, this gentleman comes before the HEP Board, and now he comes before you, and he says "I want to remove the tree, and the reason is I want to redevelop my house, and the tree is located in the buildable area of my house." I don't think you need an engineering report or anything like that to make that decision. You could make that decision based on just that finding, in and of itself, and it would be sufficient to support you. Mayor Clark: Well, call item 5, please. Commissioner Plummer: My motion was predicated on structural damage to the house. Mayor Clark: You got a good lawsuit. Let's call item 5, please. Thank you, doctor. Mr. Maxwell: And the action on 4 was to defer until June the 9th, Mr. Mayor? Mayor Clark: It's finished. That's all. Commissioner Plummer: No, denied. Mr. Maxwell: Denial? Mayor Clark: All right. Next item, if you would. Dr. Fisher: Excuse me. I really don't understand what just occurred. Vice Mayor Dawkins: You cannot cut your tree down. Mr. Maxwell: That didn't pass. That didn't pass. Mayor Clark: It's that simple. Commissioner Plummer: You got to learn to live with the tree. Vice Mayor Dawkins: Either that or sell the house. Dr. Fisher: I mean, I haven't spoken for my full ten minutes. Can I speak a little bit here? Because, I mean, I did submit some things that I did not discuss that the lawyer was also discussing with you. Mayor Clark: I'm sorry. I did say you were entitled to ten minutes in an hour. It doesn't make any difference. Mr. Maxwell: You need an actual vote to deny, Mr. Mayor. Commissioner Plummer: We did. Ms. Hirai: The motion was to uphold. Commissioner Plummer: The opposite motion is what he's... 71 May 23, 1994 Mr. Maxwell: The opposite, you need the opposite motion. Vice Mayor Dawkins: Beg your pardon? Mr. Maxwell: You need the opposite motion. Ms. Hirai: Yes. Vice Mayor Dawkins: Opposite motion for what? Ms. Hirai: The only thing this motion did was fail in trying to uphold the appeal. Now, what the City Attorney is saying is we need a specific motion to deny. Vice Mayor Dawkins: Yeah, but... Mr. Maxwell: You need a specific motion... Vice Mayor Dawkins: I'm confused, I'm confused. Mr. Maxwell: ... to deny, to deny the appeal and uphold the Heritage (sic) Preservation Board. Vice Mayor Dawkins: And if you don't make that motion, what? Mr. Maxwell: You're status quo, you haven't made any decision. Mayor Clark: All right, fine. Let's leave it status quo. Vice Mayor Dawkins: All right. Call 5. Commissioner Plummer: We're out in la -la land. Commissioner De Yurre: So, Mr. Mayor, if there's no decision, then the tree stands? Mr. Maxwell: No. He filed an appeal. He filed an appeal. If you don't make any decision at all because of our requirement that you make a decision within forty-five days, he's going to be able to take that tree down. Commissioner De Yurre: Are you telling me that if you file an appeal, and if it's not heard within forty-five days, you automatically... Mr. Maxwell: The appellant will prevail, that's correct. Commissioner Plummer: That doesn't make any sense to me at all. Dr. Fisher: If you would look at the Code that is in front of you, I handed out copies of the Code that are very clear in reference to talking about a buildable piece of property. And none of the reasons that the Environmental Board... I was looking very carefully at the Code. I cannot see a reason in that Code why they could have denied it. It's very clear in the Code. It's a buildable area. It's within my house. That certainly is a buildable area. Commissioner Plummer: Let me go on record very clearly. Mr. Mayor, the only reason I made my motion was that that tree was in the middle of the house, and the information that I have is that the tree was structurally damaging the house. Now, he bought that house in March with that tree there, and as far as I'm concerned, he knew his calculations at that particular time. Now, if 72 May 23, 1994 that tree is not structurally damaging that house, then I would have felt differently. I've got to be honest with you. Mayor Clark: All right. Let's move to item 5. We need a motion or what? Commissioner Gort: We need a motion to uphold the Zoning Board decision. Mr. Maxwell: Heritage (sic) Environmental Preservation Board - Historic Environmental Preservation Board. Mr. Rodriguez: For denial. Mr. Maxwell: Yes. Mayor Clark: Is there a second? Commissioner De Yurre: Second. Mayor Clark: Call the roll. Commissioner Plummer: Well, I'll vote on a deferment, but I'm not going to... THEREUPON, ON MOTION DULY MADE BY COMMISSIONER GORT AND SECONDED BY COMMISSIONER DE YURRE, TO DENY THE APPEAL (ITEM PZ-4) FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre NAYS: Commissioner J.L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I would vote on a deferral for a structural engineer, but other than that, I vote no. COMMENTS MADE AFTER ROLL CALL: Ms. Hirai: It fails. IMayor Clark: How do we get a deferral in here, buddy? t Mr. Maxwell: Well, the best you can do... Mayor Clark: You better find something pretty soon in that Code. Commissioner Plummer: I move to reconsider the previous motion of denial and move for a I deferral. 73 May 23, 1994 Commissioner Gort: Second. Vice Mayor Dawkins: Is that permissible, Mr. City Attorney? i Mr. Maxwell: Again, you can defer only if we can get it back, and I believe... I believe we can get it back by June 9th. Commissioner Plummer: Let me tell you something. If they want, they can move heaven and hell to get it back by the 9th, OK? Mr. Maxwell: Here's another way, Mr. Mayor. Will the applicant... Will the appellant agree to an extension of time beyond the forty... Will you waive the forty-five days? Dr. Fisher: No. I've been waiting since the appeal process, and I... Commissioner Plummer: Sir, you're going to lose. Mayor Clark: You better wait. Commissioner Plummer: You don't waive that appeal, I'm voting against you. Clear enough? Mayor Clark: All right. Motion to defer, motion to reconsider? Commissioner Plummer: My motion is to defer, to get a structural engineer to go in there and make a determination. Mayor Clark: I started that twenty minutes ago, and there was... Vice Mayor Dawkins: Second. Commissioner Plummer: Of course, it's paid for by him. He's the one asking for it. Dr. Fisher: No, because it is the City's responsibility. In reference to the first Environmental and Preservation Board hearing, they chose not to have an inspector come by. Their normal policy is to have an inspector come by. Mayor Clark: Sir, are you... Do you want to protect your interests? You better get you an engineer right quick. That tree is growing every minute. iDr. Fisher: Well, I do have a property inspector's report that I did give you, sir. Mayor Clark: No, an engineer, that your house is being damaged beyond... Dr. Fisher: If you look at the American Property Inspector's Report, that is the first page of the I handout I gave you, sir, it's very clear, the risk of serious damage to my house is very high. That's the last line. Mayor Clark: Sir, do you realize that we're trying to help you? You're not helping yourself. If you'd just go out and get an engineer, a certified engineer to say that house is being damaged because of that tree growth, I think you'd get a fair shake. Dr. Fisher: Well, maybe I'm having a hard time understanding the bureaucracy and how it's j going on... 74 May 23, 1994 Commissioner Plummer: You sure are. Dr. Fisher:... but I will certainly get an engineer's report, sir, and I will certainly bring it back. Mayor Clark: All right, fine. Commissioner Plummer: Prior to June the 9th. Mayor Clark: By June the 9th. Commissioner De Yurre: One last question, Mr. Mayor. Did you have an attorney when you bought the house? Dr. Fisher: Yes, I did. i Mayor Clark: I'd check with him, too, since he... Commissioner Plummer: Have you got an undertaker when you bought the house? Mayor Clark: All right. Thank you. Dr. Fisher: Thank you. Commissioner Plummer: We make oak caskets. Mayor Clark: Item 5. Mr. Maxwell: Did they vote? You voted to officially... Madam Clerk? Commissioner Plummer: To defer. Mr. Maxwell: You have a vote to defer to June... Commissioner Plummer: Yes. Ms. Hirai: No. We need to call it now. Mr. Maxwell: You need a vote on the June 9th deferral. Commissioner Plummer: June 9th. Ms. Hirai: Yes. Mr. Mayor, may I? Mayor Clark: Cast a unanimous ballot. Ms. Hirai: Thank you. Commissioner De Yurre: Mr. Mayor, now, did he agree to the extension? Mayor Clark: Surely, sure. Mr. Maxwell: He didn't. So you're deferring to June the 9th. It's still within the forty-five days. 75 May 23, 1994 Commissioner De Yurre: OK. Mayor Clark: OK. Mr. Maxwell: You need a vote on that, though. Mayor Clark: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-359 A MOTION TO CONTINUE APPEAL OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPLICATION FOR THE REMOVAL OF AN OAK TREE ON PROPERTY AT 2129 TIGERTAIL AVENUE; FURTHER DIRECTING APPLICANT (DR. NEIL A. FISHER) TO OBTAIN AN ENGINEERING REPORT PRIOR TO THE JUNE 9, 1994 MEETING, TO DETERMINE IF SAID OAK TREE IS CAUSING ANY STRUCTURAL DAMAGE TO SAID PROPERTY; AND FURTHER DIRECTING THE CITY MANAGER TO BRING THIS ISSUE BACK FOR RECONSIDERATION AT THE MEETING OF JUNE 9, 1994. Upon being seconded by Vice Mayor Dawkins, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. 76 May 23, 1994 --------------------------------------------- ------------------------------------------------------------------ 20. ACCEPT DONATION OF NINE TRASH RECEPTACLES FROM N. EDRISI, P. EDRISI, T. BARRETT, S. DE LEMOS AND 1. BUHOI.ZER (APPLICANTS) RELATED TO A WITHDRAWN APPEAL ACTION WHICH HAD SOUGHT TO REVERSE A SPECIAL EXCEPTION PREVIOUSLY GRANTED BY THE ZONING BOARD FOR LOTS OVER 5,000 SQUARE FEET TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA IN CONNECTION WITH A TOTAL OF TEN ALREADY EXISTING DWELLING UNITS AT 3156-58-60-62-64-66-68-70- 72-74 VIRGINIA STREET. (Appellant: Joyce Nelson for Coconut Grove Civic Club & James McMaster.) ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Who's on the next item? Are you objecting? j Mr. Sergio Rodriguez (Assistant City Manager): He's the... Mr. Tucker Gibbs: I never object. Mayor Clark: Are you objecting to this item? Mr. Gibbs: No. Don't worry. We're the appellants, but we're withdrawing our appeal. Mayor Clark: All right. They go first. Mr. Rodriguez: Mr. Mayor. Mr. Mayor. Mayor Clark: What is it? Say it. Mr. Rodriguez: In this articular case, we have an appeal. I understand that they represent the � p appellant, and they are willing to withdraw the appeal, under some conditions. Mr. Gibbs: That's right. My name is Tucker Gibbs. My office is at 2665 South Bayshore Drive, Suite 603, and I'm with the Coconut Grove Civic Club, and Jim McMaster, and we have decided to drop our appeal of this item. Commissioner Plummer: Boy, you're going to be a millionaire overnight, aren't you? Mr. Gibbs: You know me better than... This doesn't pay. i Mayor Clark: All right. That's all you have to say, right? ! Mr. Gibbs: That's it. Commissioner Plummer: I move item 5 for approval. Mr. Gibbs: No, no, no, it's gone. Mr. Rodriguez: Withdrawn. Mr. Gibbs: It's gone. 77 May 23, 1994 Commissioner Plummer: Oh. "No" means no action. Mr. Gibbs: It's no action. Commissioner Plummer: Bye. Ms. Lucia Dougherty: I have just one request, though. One of the conditions for our settlement is that we have to purchase nine trash receptacles and donate them to the City at our expense, and therefore, we need you to accept these trash receptacles. Mayor Clark: So moved. Ms. Dougherty: Thank you. Commissioner Plummer: Only nine? Mayor Clark: Moved and seconded. Cast a unanimous ballot. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-360 A MOTION ACCEPTING DONATION BY APPLICANTS TO THE CITY OF NINE (9) TRASH RECEPTACLES RELATED TO A WITHDRAWN APPEAL ACTION WHICH HAD SOUGHT TO REVERSE A SPECIAL EXCEPTION PREVIOUSLY GRANTED BY THE ZONING BOARD FOR LOTS OVER 5,000 SQUARE FEET TO ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA IN CONNECTION WITH A TOTAL OF TEN ALREADY EXISTING DWELLING UNITS AT APPROXIMATELY 3156-58-60-62- 64-66-68-70-72-74 VIRGINIA STREET. 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. 78 May 23, 1994 ---------------------------------------------------------------------------------------------------------------- 21. DISCUSS AND CONTINUE (TO JUNE 30TH MEETING) CONSIDERATION OF PROPOSED RESOLUTION TO AMEND R-80-334, REGARDING LA SANTA MARIA RESIDENTIAL PROJECT (1643 BRICKELL AVENUE), SEEKING TO PROVIDE FOR A WAIVER OF THE CITY'S CHARTER WATERFRONT SETBACK PROVISION, SUBJECT TO CONDITIONS UNDER R-80-334 AND PERTINENT LANDSCAPING PLANS ON FILE -- REQUEST ATTORNEY FOR OPPONENTS (CHRIS KORGE) TO SUBMIT A LIST OF ITEMS WHICH CONSTITUTE POSSIBLE AREAS OF COMPROMISE BOTH TO THE COMMISSION AND ATTORNEY FOR APPLICANT (ROBERT TRAURIG) -- DIRECT MR. TRAURIG TO SUBMIT ANSWERS TO THE CITY COMMISSION CONCERNING SAID ITEMIZED LIST. (Applicant: SM Brickell Limited Partnership.) Mayor Clark: Item 6. Commissioner Plummer: Item 6, Ms. Lucia Dougherty is on this one, it says here. Mr. Joe McManus: Mr. Mayor and members of the Commission, Joe McManus... Mayor Clark: Please, folks. Mr. McManus: For the record, Joe McManus, Deputy Director, Planning, Building and Zoning. j Item PZ-6 is a request for modification of the Waterfront Charter Amendment for the Santa j Maria Project at 1643 Brickell. The Waterfront Charter Amendment clearly allows the City Commission to exercise their judgment, and certain criteria, to modify the conditions of the Waterfront Charter Amendment. The applicant would have met all the conditions of the Waterfront Charter Amendment, but that they elected, under our urging, to save the Santa Maria, the existing mansion. That mansion lies in the side setback of the project. Were it not for saving the existing mansion, they would meet the requirements of the Waterfront Charter Amendment. The Planning, Building and Zoning Department is urging the Commission to make a modification to the Waterfront Charter Amendment, based on saving that mansion, a series of other conditions, plus incorporating the previous conditions from a 1980 resolution wherein a previous project was presented for this site. There were a series of conditions that were affended to that previous project, such as the dedication of the seventy-foot right-of-way; filing a covenant that the underwater lands would not be filled; future marina development would require separate approval of the Urban Development Review Board; the garages and the right-of-way were to be saved; construction as per plans on file; preservation of the existing mansion, and preservation of the shoreline in its natural state. Thank you, Mayor. Commissioner Plummer: There were other provisions, as I recall, Joe, back in 1980. One of the concerns was that it was going to be used as a clubhouse. Am I correct? Mr. McManus: Yes, sir. Commissioner Plummer: That was the old mansion. Mr. McManus: Yes, sir. 79 May 23, 1994 Commissioner Plummer: And one of the concerns of the neighbors was noise, that it could not be used after a certain time at night, or at least that was the discussion. Whether or not it was built in there or not, I don't recall. Mr. McManus: We checked the resolution. That is not in that resolution. Commissioner Plummer: OK. Now, would you read what was... You're saying you're recommending that those things that were built in before be reinstalled into, if an approval is granted today. Mr. McManus: Yes. Commissioner Plummer: Would you read those again, please. Mr. McManus: This is the conditions of Resolution 80-334 from May of 1980. Commissioner Plummer: I was here. Mr. McManus: Dedication of the seventy-foot right-of-way; filing a covenant that lands underwater northwesterly of the U.S. Harbor Line will never be filled; future marina development will require approval of the Urban Development Review Board; that the garages, existing garages in the right-of-way are to be maintained until the right-of-way improvements are started; construction as per plans on file, which, of course, have now been superseded by the plans for the proposed high-rise condominium tower; preservation of the existing mansion; preservation of the shoreline in its natural state. And that was the total of those conditions. Commissioner Plummer: Let me ask you about the marina as it's shown on that before us here. Is that what's presently there? Mr. McManus: I do not believe so. I believe that marina is proposed, and again will have to be reviewed by the Urban Development Review Board. Commissioner Plummer: Have you gone into ingress and egress of this property? Mr. McManus: Yes. Commissioner Plummer: And that which is demonstrated here is adequate? Mr. McManus: Yes. Commissioner Plummer: OK. Thank you. Mayor Clark: For the record, your name. Just a minute. Mr. Dawkins... Robert H. Traurig, Esq.: My name is Robert H. Traurig. Mayor Clark: Hold it, Bob. Hold it, just a minute. Vice Mayor Dawkins: (INAUDIBLE) Ms. Matty Hirai (City Clerk): Commissioner, the microphone. Mayor Clark: Ma'am? 80 May 23, 1994 W Ms. Hirai: Commissioner, the microphone, please. Commissioner Plummer: Can't do it. Vice Mayor Dawkins: What did you say about filling in bay bottom? Mr. McManus: Among the conditions from the 1980 resolution was a requirement that the applicant file a covenant that they would never fill the bay bottom northwesterly of the U.S. Harbor Line. Vice Mayor Dawkins: And the only way I'll vote for this is that that covenant can only be changed by taking it to the voters. Now, I'm going to tell you why. I sat here, I've been sitting here. We make... We accept variances, you give them, they come right back to this Commission, and you forget about them. So can you build that in, Mr. City Attorney? Mr. Joel Maxwell (Assistant City Attorney): No, sir. This is governed by the Charter, which was adopted by the electorate, and all it requires right now is that you have a public hearing and it be properly noticed. It doesn't require any vote on the part of the electorate. In order to make that a requirement, you'd have to actually amend your Charter. Commissioner Plummer: Excuse me. Can we not provide any conditions to this approval as we want? Since when? Vice Mayor Dawkins: We cannot provide any conditions? Mr. Maxwell: Oh, sure, you can for conditions, but I think what you asked for was the condition that it go to the electorate. Vice Mayor Dawkins: Yeah, but... Well, I can provide a condition that it go to the electorate. That's a provision. Commissioner Plummer: Of course. Why not? Vice Mayor Dawkins: I don't know. I'm asking the City Attorney. Mr. Maxwell: I would... I guess it is a condition you can add. I wouldn't want to have to argue it in court, but it's a condition that you could add, certainly. Mayor Clark: All right. Mr. McManus: Could I clarify what the request of Commissioner Dawkins is? The condition he's requesting is that the applicant file a covenant not to fill bay bottom land. Commissioner Dawkin's suggestion is, in order for that covenant to ever be modified subsequently, that it would then go to the voters. Mr. Maxwell: Yes, sir. Vice Mayor Dawkins: That's all I'm saying, Mr. Mayor. Commissioner Plummer: That's fine. Mayor Clark: Let's proceed. Mr. Traurig: Mr. Mayor, once again, Robert H. Traurig, 1221 Brickell Avenue. I would like to start out by saying that we concur fully with what Mr. McManus said. We concur fully with the 81 May 23, 1994 condition which Commissioner Dawkins would like to impose. We will provide that covenant, and we will provide that it could only go to the voters if we intend to change it. I would like you to know that this is only one of a series of hearings or review processes required as a predicate to the issuance by the Planning Department of a class two permit for the construction of what will become one of the landmark structures in the City of Miami, a handsome addition to the sky line, a handsome addition to the streetscape. We're here because many years ago, the City's Charter was amended in order to codify the regulations affecting development on the shoreline. The objectives being: One, that the structures be set back a reasonable amount from the shoreline in order to permit views from the bay to the shore; and secondly, that view corridors be provided unless infeasible, so that the bay wouldn't be walled off, and the public could see it. However, l there was a recognition in the Charter Amendment that there could be some physical restraints or other factors which require waiver of the provisions, or that special circumstances might exist to justify modifications. And that is our current situation. As to the Bayfront, the required setback has been met. As to the view corridor, we ask your indulgence in this hearing so that you can recognize that, "A," it's impossible, under the present physical constraints, to provide the necessary side yard setbacks; and "B," you can't even see the bay from Brickell Avenue today without any new physical structures being imposed. And the choice is whether to respect the history of the City of Miami and preserve the existing mansion on the property, or to apply the Charter provisions literally, without any waiver, without any modification, whatsoever, and to destroy the mansion. Your Planning Department and your City Manager have recommended the requested modification, and for very good reasons. As has been indicated to you by Mr. i McManus, we're proposing a one hundred and seventy -six -unit high scale project, which has already been reviewed and approved by the Urban Development Review Board, and by the County Shoreline Development Board, and is now awaiting final decision for the class two permit by the Planning Department. It's a project that's been proposed by SM Brickell Limited Partnership, whose principal is Hugo Colombo, who was the principal developer of the Bristol Tower, which is also located on Brickell Avenue, and which has brought a new ambience and acclaim to Brickell, as will this new project. The project would be located at 1643 Brickell Avenue. It was formerly the mansion and the estate known as La Santa Maria. What we have requested is to provide an average of fourteen percent side yard setback. I've been told today that there may have been a miscomputation, and it might be fourteen point thirty-five, but fourteen or fourteen point thirty-five, the issues don't change. The aggregate lot width is four hundred feet, and twenty-five percent of that is required under the Charter Amendment, or a hundred feet. We've proposed six point two feet on the north side, which is where that existing mansion is located, and we propose not to move the mansion or to destroy it. And on the south side, we have over fifty feet. And if you would look at the building as proposed, the new building will comply fully with a hundred feet of setbacks. The difference is that we have the existing home, which is located within the north side setback. As has been indicated to you, in 1980, there was a similar application filed by Olympia York, when it proposed to build on this site. Your Resolution 80-334 was approved. It provided the kind of conditions that have already been discussed. But more than that, it referred to a seven percent side yard setback, as contrasted to our larger setback than what was permitted and approved in 1980. And if the current application is granted, we anticipate that all the conditions of that resolution, as has been indicated by Mr. McManus, would be reimposed except for the side yard setbacks, which, as I indicated, have been enlarged. We didn't know whether or not we even had to appear before this j Commission for a modification of the Charter Amendment as to this property, since the 1980 ` approval had already been granted. But your City Attorney and your staff indicate that it's appropriate that we make a new presentation, since the building permit was not granted after the approval had been completed by this Commission. So the issue is very simple: whether the City wants to retain the mansion located on the north side of the property, or to demolish it. The provision of the Charter Amendment is that setbacks and side yard requirements may be modified if there are, quote, "benefits which promote a better urban environment and public advantages, or which preserve natural features." We are preserving the feature along the bay, we're preserving the features along... I see Mr. Plummer kind of frown. We're preserving the 4 entire bayfront in its present natural condition, and we're preserving... 82 May 23, 1994 Commissioner Plummer: Not with the mansion, you're not, because the mansion is not on the water. Mr. Traurig: I'm not talking about the mansion at the present time. We're preserving the features. Please consider the following: If we lose, the mansion must be demolished, because it, and it alone, is what creates the problem. The new building, as I indicated to you, is set back fifty point seven... fifty feet, seven inches from both the north and the south side, and that's a total of a hundred and one point four feet of aggregate setbacks, which is more than the twenty- five feet of the four... twenty-five percent of the four hundred feet that the Charter Amendment j requires. So what we're proposing to build complies fully. And I would like you to know also that very substantial funds have already been expended to improve the mansion. We've spent and have budgeted about a million dollars for renovations of the mansion, itself. The Planning, Building and Zoning Department recommends preservation of the mansion, and that the natural features along the bayfront be preserved, particularly the natural rock outcroppings along the bay. Commissioner Plummer: You said a million dollars for the mansion? Mayor Clark: It's spent on there now. Mr. Traurig: Improvements to be made to the mansion. Commissioner Plummer: That million dollars you might lose if we don't approve it here. Yes, I heard you right. Go ahead. Mr. Traurig: That's money that's been budgeted, sir. Commissioner Plummer: Go ahead. Mr. Traurig: Budgeted. { Commissioner Plummer: I hear you, sir. Mr. Traurig: And as I indicated to you, the shoreline will be preserved in its natural state. As I also indicated, your Urban Development Review Board has reviewed this project, and has recommended approval of it, subject to the mansion being preserved. And the County Shoreline Development Review Board on April the 12th similarly approved it, conditioned upon the mansion being preserved. We're not only preserving the hammock area in the front, but also the bluff along the bay. And if you approve this application, we ask you specifically to include in your resolution findings that you had reviewed the natural - the preservation of the natural features of this property. I would also call to your attention that we have had extensive discussions with regard to the preservation of the mansion with Sarah Eaton, as the Heritage Conservation and Preservation officer, and she has strongly urged that we do that. I call your attention to the fact that in 1980, you had approved a similar application for construction on the Santa Maria site. In 1980, when it was approved, it was based upon a plan that only had seven percent setbacks. We're doubling that. We're making it fourteen percent. We have some opposition here from our neighbors to the north, the Imperial. I would like you to know what the conditions were when that application for development of the Imperial was approved by Resolution 80-579 on July 24, 1980. They got multiple variances of setbacks. As to the principal building, they had side yard set, side yards of eighty point five feet on the north, and eight -two point seventeen feet on the south, and they needed a hundred and thirty-four feet on both sides. They had lot coverage of ten point one percent with only nine percent allowed. They had a floor/area ratio of two point three eight four, with only two point two permitted. As to the 83 May 23, 1994 accessory structure, the lot coverage was twenty-three point one percent against twenty percent being allowed, and as to side yards, they had twenty percent - twenty feet on the north and fifty- nine point eighty-three on the south, sixty-seven feet being required. So I call your attention to the fact that what we're asking you to do here is consistent with the actions which have been taken by this City Commission. With regard to the historic character of this house, the Santa Maria was built around 1926. There is a plaque along Brickell Avenue which acknowledges its historic character, and as you know, it was formerly the home site of a Mayor of the City of Miami who served this City with great distinction over a long period of time. But I ask you also to consider the benefits of this project to the City. If this project is built, in excess of a million dollars will be paid for permit and impact fees to the City and to the County. The overall project will cost approximately a hundred million dollars; seventy-seven point four million on hard cost, of which twenty-four million will go to labor. Twenty-four million dollars. Twenty-eight hundred and thirty-eight jobs will be created as a result of this project. Property taxes to be generated by this project, when complete and occupied, will come to four point seven million, to the various levels of Government. And as you know, when the Bristol Tower was constructed, the City's bond rating was improved, resulting in a reduction of bond interest to the City, and it's a reasonable assumption that the approval of the Santa Maria will have similar positive fiscal impact to the City of Miami. Not only that, the City's image will be improved, and the creation of a hundred and seventy-four high priced residential units will create substantial economic values and benefits to the City merchants. We want to build this handsome addition to the City. It's your decision as to whether the historic mansion should be torn down or be an integral part of the complex, itself. Without it, there will be no development. We ask you to reconfirm what you did in 1980. But to explain the project so that you can understand the preservation of the natural features of the project, because that's an integral part of your determination, I would like to call on Walter Taff Bradshaw, who is the architect, the landscape architect who designed the landscape features for this project. And I would like to reaffirm, once more, that we agree to all the conditions in Resolution 80-334, and particularly, the preservation of the mansion, which was a part of that, and the preservation of the shoreline in its natural state, and we agree fully with what Commissioner Dawkins has requested. Thank you very much. Mayor Clark: Yes. Vice Mayor Dawkins: One question from him. Mayor Clark: Bob? Vice Mayor Dawkins: Now, one question from the gentleman you got coming up, Mr. Traurig. iMayor Clark: Let him give us his name. State your name for the record, please. Mr. Taff Bradshaw: My name is Taff Bradshaw, landscape architect, with address at 4337 Seagrape Drive, Lauderdale -by -the -Sea, zip code 33308. Vice Mayor Dawkins: OK. I assume that's a pier between the house and the water, that long... No, come on out some. No, out in the water, that there. No, and up, all the way. Now, come on around and come down. No, come down. That's a pier? Mr. Bradshaw: This is the... Vice Mayor Dawkins: A pier or breakwater? i Mr. Bradshaw: No. This is the proposed marina configuration, which is not part of this application. It's under a separate application, sir. 84 May 23, 1994 Vice Mayor Dawkins: Under a separate... OK. Now, how will you prevent the water and the waves from erosion of the part over there which you say is not a part of this application? Yeah, right in there, right in all of that. How are you going to stop erosion there? Commissioner Plummer: Seawall. Mr. Bradshaw: This is the present, Commissioner Dawkins. This, from this point here to the point north, is the existing seawall. jVice Mayor Dawkins: Seawall. All right, sir. (' Mr. Bradshaw: This portion here, from this point here to this point here, in a southerly direction is approximately three hundred feet of the most beautiful natural shoreline. That's the actual bluff. We're not touching the bluff, in no way, shape, at all. So this will remain in its existing application. Vice Mayor Dawkins: So now the second application will do what? Mr. Bradshaw: The second, which would be separate, would be the proposed marina or the docking arrangement, as suggested here, but that is not part of this application. Mr. Traurig: Yeah, and it will come before the City with an application for special exception, and can be reviewed at that time. Commissioner Plummer! Well, the present, as I remember, is twenty-five feet. Vice Mayor Dawkins: OK. Thank you. Commissioner Plummer: Is that correct, Sergio? The maximum they can now extend out under the present ordinance is twenty-five feet? Mr. Sergio Rodriguez (Assistant City Manager): You mean to the water? To the bay? Commissioner Plummer: For the docks. Mr. Rodriguez: I'm not sure about that, sir. I have to check on that. Commissioner Plummer: I thought it was twenty-five. OK. Mayor Clark: All right, sir, proceed. Mr. Bradshaw: OK. Thank you. Mr. Rodriguez: I think it's fifty. I'm not sure. i Mr. Maxwell: It can't be closer than fifty feet to the water. Mayor Clark: That's in another application. Let's proceed here. Mr. Bradshaw: Yeah, that's in a separate application. i Commissioner Plummer: They want a second bite at the apple. Mr. Bradshaw: That's true. As I stated, my name is Taff Bradshaw, landscape architect, and one of the most unique and rare opportunities that exists in the City of Miami, and especially in 85 May 23, 1994 the Brickell Corridor and fronting on Brickell, as well as to the bay itself, is the total length of the property, four hundred feet. In this diagram here, this is the diagram. This is a collage photograph of the existing conditions that exist along the Brickell Corridor as it presently exists. The north end of the property was the original estate. The original Santa Maria estate includes one, two, three, these four existing small structures, which you see in the photographs here. These two here appear on the street. The existing gate that is physically connected with these two structures is this opening here, which occurs right in this portion here. The existing estate property line is this line right here. This building right here that's represented in this terracotta color is the existing mansion. The mansion has been restored in its - not only in the building, but in its total gardens that was existing previous. So this whole north portion of the property, from this point north is the mansion area. The proposed - excuse me - the proposed character of the existing mansion, in appealing and going through and working with Ms. Eaton and other members of the board and the different agencies, a great deal of care was given from day one for the actual preservation and enhancement of that existing Santa Maria estate. So we inventoried, went through every inch of the property piece by piece, not only from the environmental aspects, but from the original castings and the original light fixtures, everything from the roof to the ground, to the element that takes place on the ground, as well as the vegetation. So in this board here, which is a series of existing photographs, depicts the individual vocabulary of the nature of the site, the materials that existed, as well as the materials that were proposed to restore it back into its natural condition, which has been completed. One of the most unique elements of the site from an environmental point of view consists of two things. One, on the Brickell side is this upland hammocks that falls in this area, which is a beautiful hammock that was in its virgin condition. That will be preserved in its entirety along Brickell Avenue. The other environmental area that is of strong importance, obviously, as Commissioner Dawkins asked, was the bluff line, the actual bluff that exists. This is the largest natural bluff line that's left on the bay. It is absolutely beautiful. We've done a great deal of investigation, not only from the point of view from the inventory in it, but also from the archeological point of view, as well as the environmental point of view, to make sure that this is restored in its totality, that exists from this point here to this point. In working with the shoreline review and the plans and details and information that we supplied them, they approved this unanimously, the proposed plan that you have before you today. The plan and the concept is in concert with every one of your ordinances I as far as the preservation, the naturalistic characteristics of the site, and I think in the goals and 1 the intent, not only from an environmental point of view, but from a historical point of view. So really, from a historical point of view, our client has responded wonderfully and marvelously to the preservation of the mansion, not only from an architectural point of view, but also from the gardens and the landscape point of view, from an environmental aspect. The new proposed area where the main structure would occur, we've also responded very generously, with the landscape elements that would occur in there, as well as the setbacks. The shoreline review requested that since this portion of the existing seawall is - this portion here, which is the original part of the mansion and this existing gazebo, which all of this area here has been restored and is in its f original condition now, that the pedestrian connection not occur along the bluff line, but set back at an upper level, which we did. So in concert to the request and an ability to respond to the ordinances, and also responding to the unique characteristics of the site, we feel that our plan and our solutions that we presented, and also being granted the approvals, to date, from the different boards, is in one hundred percent, in compliance with their desires and wishes, as well as the intent of the ordinances. There's different elements that we can maintain. One of the key elements that, in addition, from a historical point of view... all the historical value, architecturally, is the mansion. The environmental constraints and value, other than the preservation of the upland hammocks, was the preservation of the rock wall, the old rock wall along Brickell, which is also a part of the vocabulary of Brickell Avenue, which would be restored, as well as the vegetation and the bluff line, and the maintaining of the bluff in the back. So we have absolutely bent over backwards to accommodate, and to be sensitive to all of the needs and desires, as well as living up to the spirit and intent of all your ordinances, from a preservation point of view. The mansion and the estate is one of a kind. It's actually a 86 May 23, 1994 wonderful part of the history of Miami. In addition to the history, it's also a beautiful part of the design of the total site plan of the project. So from the point of view of the site plan, the point of view of its impact on to the view corridor, because the view corridor has been denied for many years anyhow, with the existing condition. So as Mr. Traurig indicated, the view corridor is not a physical viewing corridor, but more of a physical space corridor. So with... And these are the existing structures, and the whole area of the mansion estate, as it greets Brickell Avenue, is already enclosed, and has been that way for many years. But the enhancement, and what we've done - I don't know if you've had the opportunity to visit the site - has been a wonderful reclamation of the existing old mansion. I'll be happy to answer any of your questions. Thank you very much. Mr. Traurig: Mr. Mayor, I believe that there are some citizens who would like the opportunity to say something to you on this project. Mayor Clark: Has everyone been sworn in? If you haven't, please rise and be sworn by the clerk. Raise your right hand. All right. Ms. Hirai: Raise your right hand, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Clark: Give us your name. Mr. Henry Salvador: Henry Salvador. I'm with the United Association of Plumbers and Pipefitters here in Miami, and Mr. Mayor and Commissioners, I'm in favor of this project. We've worked closely with the JC - I mean with all the different labor organizations here, it kind of looks like a County job or something like that. But usually, on a typical private job, you know, there's a lot of trades involved, and all of our trades offer health insurance, pensions to our members. And there's going to be a lot of that on this job, hopefully, and I wish you all would consider this real carefully. Thank you. Mayor Clark: Thank you. Mr. Eugene Perodeau: My name is Eugene Perodeau. I'm with the Carpenters' Union here in Miami, South Florida Carpenters' District Council, located at 295 West 79th Place, Hialeah, 33014. I'm also president of the Carpenters Local 125, which is located in the City of Miami. We represent about four thousand union carpenters, and we are also in support of this project. It's going to provide employment for a large number of carpenters and other tradesmen. We think that the preservation of the mansion, and its architecture, and its workmanship, and the beautiful wood and other construction within the mansion would be a sin to tear down, and we're really pleased with the idea that somebody has come along to build a project that will incorporate the historical value of the mansion with it. Again, I would reaffirm the idea that it is going to create a lot of employment opportunities for our young people in this community, and we support the project. Mayor Clark: Thank you. Mr. Al Houston: Thank you. My name is Al Houston. Our business is located at 799 Northwest 62nd Street. I'm president of the Laborers' Union there, and like the other trades, our union provides health insurance and pension benefits for our members, and we'd ask that you support the project. Thank you. 87 May 23, 1994 Vice Mayor Dawkins: Mr. Mayor, before you leave, you know, where are you guys when I really need you? OK? Now... No. The other day, I'm the only one who sat up here and argued. We gave money to the Urban League for a project, and what was the other one we gave the money to? And I said, "Make sure that these projects adhere to the DavisBacon Act." All right? Now, I want you guys to go over there somewhere, find out what they were, because this Commission has said if they do not use local laborers, according to the Davis- Bacon Act, they will not get the money. OK? And get you whatever you need to monitor these Commissions so that you can come down here. You guys must keep people working in the City, and the only way you're going to keep... Doing this project isn't going to help us. We got to do this one, we got to do the next one, we got to do the next one, and we got to do the next one. OK? So let us see you down here so that we can help you. OK? So that you can help the people. Mr. Houston: Thank you very much. Mr. Bill Riley: Good afternoon. Bill Riley, with the International Brotherhood of Electrical Workers. I can only echo what everybody else has said, that the IBEW, International Brotherhood of Electrical Workers is in total support of this project, and it would be a shame to tear down that historic house just to satisfy some whims. The only other thing I need to say is that I understand a question has been raised, or may be raised about some ex parte communication, and the only thing that I can say is that I left messages at each Commissioner's office that the IBEW, the International Brotherhood of Electrical Workers, is in total support of the Santa Maria Project. It's nothing more than what I've said today, and nothing less. It's exactly what I left. Thank you. Mayor Clark: Thank you. Mr. John Lindstrom: Good afternoon, Mr. Mayor and Commissioners. John Lindstrom, the business manager of the Plumbers' Union. Again, not to repeat everybody else, but we wholeheartedly support this project and urge your adoption. Thank you. Mayor Clark: Thank you, sir. Mr. Manuel Gonzalez-Goenaga: Mr. Manuel Gonzalez-Goenaga. I hope, Mr. Traurig, that for the first time I'm speaking in your favor, being a lobbyist. Yet, I have... I visited the Santa Maria. I was invited, not by Maurice, but by his father, Don Joe, and I think it should be preserved. But I would like to have... to be invited to visit it again after it's remodelled. And then, maybe if you, if the Commissioners have a little doubt about giving this variance, they should consider getting some funds for the City to try to protect more the Simpson Park, that is the center of lascivious behavior. Very prominent people have been arrested there for lascivious behavior, and we need to have in the City of Miami good, moral, healthy, and with family values. Mayor Clark: I agree with you. Mr. Gonzalez-Goenaga: OK. Thank you very much. Mayor Clark: Thank you, Manuel. Commissioner Plummer: Mr. Mayor, before Mr. Korge starts... Mayor Clark: No, just a moment, before anybody starts. Commissioner Plummer: I'm sorry. 88 May 23, 1994 WE Mayor Clark: Is that all you have, Mr. Traurig? Do you have anything else to say? Mr. Traurig: No, we're finished. But we would like the opportunity for rebuttal. Mayor Clark: You'll have a chance. You have taken exactly thirty-two minutes, thirty-two minutes for your presentation. I timed it. They're entitled to the same time. You're entitled to a few minutes of rebuttal after this discussion by the opponents. Commissioner Plummer: Mr. Mayor. Mayor Clark: Yes, sir. Commissioner Plummer: I would want, in that thirty-two minutes, that Mr. Traurig converse with the owners of the property. He is asking the citizens of the City to do something for them, and what are they going to do for the City? And I'll be happy to hear his answer at the conclusion of the other thirty-two minutes. Mayor Clark: All right. For the record, your name. Chris Korge, Esq.: Mr. Mayor, for the record, my name is Chris Korge. I am here today on behalf of the Imperial Condominium Association, which is the property directly north and adjacent to the proposed development. Let me first... Mayor Clark: Chris, pull that mike to your face, a little closer. Mr. Korge: Let me first state for the record that my clients, they understand that something is going to be built on this property, and they... Certainly, the unions have all gotten up here, and you've heard from the developer about twenty-four million in labor, and this tremendous project, and it's going to be great for the City. And you know what? Some form of this project probably will be great for the City, but let us not lose sight of what we're talking about here. We're talking about a five hundred and thirty-foot high building, probably the second tallest building in the State of Florida, which is going to be built parallel to Brickell Avenue. As you may recall, most of the other developments all run perpendicular. This will be parallel to. Now, my clients are here, and I'm going to make some legal arguments today, because I'm compelled to make them, and to enter certain things into the record. But let me first start off by asking for you to consider a deferral. And the reason why I'm going to ask you to consider a deferral at this point, and a very short-term deferral, to try to work out between the Imperial and the... Commissioner Plummer: "Default"? Mr. Korge: "Deferral." Commissioner Plummer: "Deferral." I'm sorry. Mr. Korge: A deferral, a short deferral. It will not impact the developer. In fact, the developer has already... Mr. Traurig has gotten up and said that they're going to have to come before you several times more. There's one time that they're going to have to come up, and that's for their class two permit, when it's appealed to the Commission. They cannot really commence the construction activities there until that permit is ultimately issued. There is no reason in the world why you can't have this same hearing at that time, when the residents have had an adequate opportunity to be notified for this. In fact, just for the record, so you know, we first found out about this hearing, I believe, on Thursday. Staff has been very cooperative. We've been working with staff. We appreciate the fact that they've tried to keep us informed. It's my 89 May 23, 1994 understanding that a notice was published approximately ten days before. This is not a variance. This is a waiver of your Charter, Waterfront Charter provision. I believe that staff will tell you that you published some sort of notice in the Herald about ten days before. We received notice on Thursday, Wednesday. The residents truly don't completely understand what's going on. You're being told this has to do just with the mansion. We're telling you it doesn't. It has to do with the overall project, and don't let yourselves be confused by the fact that what was stated to you was that if, in fact, you do not approve this, then they'll just have to tear the mansion down. Well, that may be the case, but we don't want the mansion torn down. We want some reasonable resolution of this. We do know, however, that we don't feel we've gotten adequate notice. I don't think there is anything in the Charter which deals with exactly how much notice you have to give for this type of thing, since it's not a variance. The Manager's recommendation was not even signed till May 16th, which is less than ten days prior to the Commission meeting. So we feel there's a notice problem. What is wrong with... When you have residents that live there, they're there. You know, they live in their building. They're scared to death of this project, and you can't blame them. You can't blame them, because this project... Their properties all face this project. It's a five hundred and thirty-foot high building. So let's try to work through it. We've met with the developer once, actually, a couple of times, and communicated. I believe everything could ultimately be worked out. But today, you're at the risk of going forward - and I'll get to the merits of the issue, if you really want me to - but you're at risk of going forward and putting the neighbors in a position where they have to take certain courses of action, rather than give it a couple of weeks till the class two permit could come before you, or at max, a month, and resolve the issue. It's not going to make one bit of difference to their development. Commissioner Plummer: May I ask a question? Mr. Korge: Why is this thing being rushed through? Why is this thing being rushed through, and it's being brought to the Commission in such expedited basis? It makes the neighbors nervous. Mayor Clark: Wait a minute, Chris. Just a minute. Hold it, please. Commissioner Plummer: Chris, I have a question, and my question is, is if I understand - Bob, I want you to hear this - if I understand this correctly, it basically is whether or not... If the mansion was not going to be considered, then there's no problem. They wouldn't even be here, as I understand it. Am I correct? OK. Now, if we were to go to a deferral, what would be the best that you would hope to try to bring about in the deferral? Mr. Korge: Are you asking me? Commissioner Plummer: Yeah. Mr. Korge: If we're able to defer this, we're going to appeal the class two permit. That's the permit that allows them to construct the project. So why is this... What we're trying to say to you is that we attempted, Commissioner Plummer, to obtain the 1980 plans. As you already heard, there was a waiver given to the 1980 plans for a project that was proposed by Olympia York. We have not had an opportunity, number one, to see the 1980 plans; not that staff has not tried to get it for us, they haven't been able to locate them. Now, you are going to amend a 1980 resolution that refers to 1980 plans, which we haven't even had an opportunity to see. And... Commissioner Plummer: Let me see if I understand you. What you're saying is you may not necessarily be in objection to this, but you want the time to go over it and see whether or not there's any new modifications or any changes. 90 May 23, 1994 Mr. Korge: We would like to compare the 1980 plans to what they are presenting to you today. You... Commissioner Plummer: You're saying a delay till the 23rd of June - I'm assuming that's what you're saying, no longer than that - would not be detrimental, because they have to secure some permit. Is that what you are saying? Mr. Korge: They have to get a class two permit, which is appealable to the Commission. I am telling you today... Commissioner Plummer: That you would appeal. Mr. Korge: ... that we will appeal that permit. Mayor Clark: All right, please. Now, Mr. Gort... Commissioner Plummer: All right. Well, that's what I needed to know. Thank you. ' Mayor Clark: Mr. Gort has a question. Commissioner Plummer: He's still on his time. Commissioner Gort: Well, I don't have a problem with deferral. I'm always in favor of people getting together and trying to do something. But my question to the Attorney is, have we amended the 1980 plans? That was not my understanding. Mr. Maxwell: No, the application before you... Commissioner Gort: This is a new application in front of us. OK. Mr. Maxwell: The application before you is to amend the 1980. Commissioner Gort: OK. But this is a new application in front of us. Mr. Maxwell: Yes, sir. Commissioner Gort: We're not amending the 1980, or we don't have anything to do with the 1980 plan. Mr. Maxwell: No. You... That's the application in front of you now. Commissioner Gort: The application, we amended that application. j Mr. Maxwell: The application now is for you to amend the 1980. Commissioner Gort: OK. Commissioner Plummer: All right. May I ask another question? Because we might be wasting our time, Mr. Mayor. Mr. City Attorney, you heard what he says about the class two permit. Is that a true statement, that if they apply for it and it's denied - if it's granted - then they appeal, that it would be taking longer than June the 23rd? Is that normal? Mr. Maxwell: Yes, sir. Yes, sir. 91 May 23, 1994 Commissioner Plummer: So, Mr. Traurig, you've heard that statement. I think in the best interest of everybody concerned, at least my thinking is to go ahead and defer this thing now, because it's going to happen anyhow. Mr. Traurig: May I give you some comments? Mayor Clark: Please, go ahead. Mr. Traurig: First of all, we have been advised by the City that it won't even issue the class two permit until this resolution has occurred, because the class two permit carries with it the preserva... The plans on which the class two would be issued carries with it the building that we intend to - we would like to preserve. But if the class two did get finalized, notwithstanding the fact that you haven't concluded your hearing with regard to the mansion, and then it's appealed, it wouldn't come straight here, anyway. It would go to the Zoning Board first, so it would not get here, probably, until September. Commissioner Plummer: Yeah, but what I'm trying to say is, Bob... Mayor Clark: Sir, help take these maps down, will you? We've seen enough of these. Commissioner Plummer: ... that, if, in fact, going to the 23rd of June would eliminate their appeal, you could be finished at the 23rd of June. Vice Mayor Dawkins: Not necessarily. They did not... They did not... The attorney did not assure you that if you had an - if you deferred that he would not appeal. He did not assure you of that. Commissioner Plummer: Oh, no, no. I'm saying that if they were satisfied in what they're trying to accomplish, then you're not looking at any appeal, and it could be over in June. Other than that, it could be going on for ad infinitum, forever and ever. Mayor Clark: No, he didn't say he wouldn't appeal it. Vice Mayor Dawkins: He did not. Mr. Traurig: I would call your attention, Mr. Plummer, to the fact that if there... If the class two gets issued, and then they file an appeal, and it has to go to the Zoning Board, it may not get back here in time for your summer vacation, prior to your summer vacation, and therefore, may not get to this table until September. Commissioner Plummer: OK. All right. I'm just trying... Mr. Korge: May I interject something? Because I may... Mayor Clark: Please, please. Commissioner Plummer: I'm just trying to get this expedited in the best way possible. Mayor Clark: Please, please. All right. Mr. Korge: May I interject something, since we're into my time? Mayor Clark: Yes. Go ahead. 92 May 23, 1994 Mr. Korge: I would... First of all, Mr. Traurig stated for the record that your staff says they will not issue a class two permit until this issue is resolved. Now, I will say on the record that my client will not object to the issuance of a class two permit on that basis. If the problem is that Mr. Traurig is concerned and his client is concerned that we're going to object on a technical ground that the class two permit could not be issued because there was not a waiver at the time of the issuance of the permit of the Waterfront Charter provision, then we will tell you on the record, now, that we will not object. My client will not object to that as a basis for denial of the class two permit. What I am saying... Mayor Clark: Please, Mr. Korge. I know he's standing up, but we're listening too. Address the Commission. Mr. Korge: OK. What I am saying is that we believe that to do this right now, and then for us to appeal the class two permit anyway doesn't make a lot of sense, because they cannot build their project until all the appeal periods are done with the class two permit. And so what we're asking for is to bring all the issues together, and they all come to the Commission at one time, instead of this piecemeal rush, rush, rush, you know. And the residents are scared to death, because this thing has all been done in less than a fourteen -day period. You know, give us all an opportunity to look at this. They can't do anything, anyway, until the class two permit is done. Vice Mayor Dawkins: Mr. Korge, you said they'd build a five hundred and... How many? Mr. Korge: Five hundred and thirty-foot building. Vice Mayor Dawkins: All right. That's in the event that you allow them to keep the mansion. Mr. Traurig: Either way, sir. Mr. Korge: No. They... Mr. Rodriguez: Regardless. Vice Mayor Dawkins: Wait a minute. Go ahead, sir. Mr. Korge: What they are saying, Commissioner, and Vice Mayor, what they are saying is that if you do not approve their application for waiver today, they're going to tear the mansion down, and they're just going to build their five hundred and thirty -story building, which they are permitted to do, because you amended without the residents even... There was notice, but... Vice Mayor Dawkins: That's just what I'm getting ready to ask you. If... What can they build, anyway? How many feet can they build, anyway? Mr. Korge: Well, according to them and their plans... Vice Mayor Dawkins: No, no, no. Now, you're a lawyer, now. According to the law. Mr. Korge: Well, according to the law, there is... It's a very complicated calculation, which I can give you, or you can ask staff, dealing with the sixty percent angle. And staff, really, your staff should... Vice Mayor Dawkins: And the site - and the light plan, light plan and all. Mm-hmm. Go ahead. Mr. Korge: And staff can answer the exact technicalities of it. It's an ordinance which you passed in January. 93 May 23, 1994 Vice Mayor Dawkins: Well, now, you know exactly five twenty-three feet, but you don't know how many he can build without... I mean otherwise. Mr. Korge: I know, five -thirty, only because that's what your staff has put in their memo to you, Commissioner. Vice Mayor Dawkins: OK. Thank you, sir. Mr. Korge: I have not studied that yet. Vice Mayor Dawkins: OK. Thank you. Thank you, Mr. Korge. Mr. Korge: If you want, I'll go to the merits of my... And I really don't want to have to do that, because I'm afraid you may end up with a building that has to be torn down. And we don't want to see the building torn down. Commissioner Plummer: How are you going to tear down a building that hasn't been built yet? Mr. Korge: No, I'm talking about the Santa Maria, the mansion. We don't want it torn down. Commissioner Plummer: Hey, I just thought, and I still think that if there's a way that there's a possibility of a successful conclusion on the 23rd of June, that's the best way to travel. Now, if that's not the case, then let's go ahead, and let's hear it. I mean, I just thought there was that possibility, if you have that right of an appeal. Mayor Clark: Well, there's no sense... In all fairness, there's no sense to go through this tonight and have to go through it all again on the 23rd. Commissioner Plummer: That's what I said. Mayor Clark: Mr. Traurig. Mr. Traurig: May I make some comments? Mayor Clark: Just respond. Mr. Traurig: We would like to have it resolved tonight, because we're all in agreement. Mr. Korge just said he doesn't want to see the mansion torn down. If he has any problems that will result from the issuance of the class two permit, he will have the opportunity to present those issues at the appropriate time; first, at the Zoning Board, and then at this Commission. But he has made it very clear that neither he nor his clients want to see the mansion torn down. Your staff doesn't want to see the mansion torn down, we don't want to see the mansion torn down, and we presume that you don't want to see the mansion torn down. And the issue is really different than what has been presented to you. We have had meetings with the neighbors. They have talked to us about a lot of different issues; about closing time, about limitation of occupancy, speakers, guards, walls, construction hours, notices before piles or demolition occur, entrances and so forth. Mayor Clark: Are you aware of this? Mr. Korge: Yeah, I spoke to them. Mr. Traurig: We've already had those discussions. The only... We've resolved every single issue except the monetary issue that they have raised in connection with this project. 94 May 23, 1994 014 Commissioner Plummer: Bob, do you deny the fact that... If we approve this tonight, you go for your permit, they have stated for the record they are definitely going to appeal... Mr. Traurig: Yes. Commissioner Plummer: ... that based on that appeal, you will be September, October or November before you get a final. You have no shot, I can - from what I see - of resolving this issue on June the 23rd unless you take a deferment. Now, you know, that might be an idle threat, but he's made it. Mr. Traurig: Commissioner, the issues that will come up in the class two permit are not the issues relating to the historic mansion. If you deny the historic mansion... Commissioner Plummer: OK. Mr. Traurig: There probably will be no further hearings. Commissioner Plummer: I tried. OK? I'm just saying to you that if what he's saying - and they're backing him up - that he has that right of appeal. We'll see you at Christmas time, because that's where you're going to be. Mr. Traurig: He does have that right of appeal, and we look forward to the presentation at that time. Commissioner Plummer: But he doesn't... He has said he will not necessarily appeal, if, in fact, matters are resolved. Now, you might say, and rightfully so, that there's no way to resolve his matter. OK? That's possible. Mr. Traurig: He can only appeal the class two. He can't appeal this decision. Commissioner Plummer: Does class two stop you from putting the shovel in the ground? Mr. Traurig: Yes. Commissioner Plummer: That's my point. Merry Christmas. We'll see you then, I'm sure. Go from there. Mr. Korge: If I could continue, if you're not going to move to defer it, I'll continue my presentation. To set the record straight, I can appeal this matter, too. Mayor Clark: Just a minute. Please, please. Commissioner De Yurre: I move to defer. Mayor Clark: To the 23rd. Commissioner De Yurre: Second it, for the 23rd. Commissioner Plummer: I'll second the motion, because I think it's the best way out, at this particular point. Mayor Clark: I don't see anything we're going to gain by sitting here this afternoon, trying to decide this. We could sit here... We got all these trump cards. 95 May 23, 1994 946S e Commissioner Plummer: And I want to be... I want to put it on the record, is what I've heard Mr. Traurig say, that the only matter not resolved is that of monetary. OK? Mr. Korge: That's not... I want to say for the record that is not completely true. Commissioner Plummer: Well, excuse me. That, I'm going to be aware of; that, I'm going to make a decision on what is fair or not fair. OK? So let's be understood. Mr. Korge: But I want to state for the record that that is not completely the case; that there are some issues, which I took back to my client after meeting with Mr. Traurig and his client, that are still open issues. Commissioner Plummer: The motion on deferral, I will add this provision. I want, Mr. Korge, you, on behalf of your client, to surrender to me and to all members of this Commission those items which are up in, for compromise, I'd like to know what they are. OK? Mr. Traurig, you will get a copy of it, sir, and I want to see your answers. And if you have any problems with any things that are up, I want you to take and let us, everyone on this Commission, know the same thing. Mr. Traurig: May I understand? The motion for deferral, does that carry with it instructions to Mr. Rodriguez to issue the class two permit, notwithstanding the fact that this has not been resolved? Mr. Rodriguez: Well, the Commission cannot instruct me to issue the class two permit because that would be, you know, an infringing on the Charter Amendment. But the class two... Commissioner Plummer: No, but we can just fire you. Mr. Rodriguez: I'm willing to give the class two, subject to a condition that the Waterfront Charter Amendment be approved prior to the issuance of the building permit, which will be accomplishing the same thing. Mr. Korge: That's fine. Mr. Traurig: And would you be able to schedule the hearing on the class two appeal in June? Mr. Rodriguez: In the... Before the Zoning Board, yes. I don't know if I have enough time to schedule it before the City Commission. I won'. know that until we hear the appeal from the applicant. Mayor Clark: All right. We got a motion on the floor. Mr. Traurig: Thank you. Mayor Clark: Everybody knows everything. You want... Mr. Rodriguez: Continue to June 23rd? Mayor Clark: Sir? Mr. Rodriguez: Continue to June 23rd, you said? Commissioner Plummer: Yes. 96 May 23, 1994 Mayor Clark: June 23rd. Commissioner Plummer: And hope there's not going to be any appeal. Mayor Clark: OK. Call the roll, Madam Clerk. The following motion was introduced by Commissioner De Yurre, who moved its adoption: MOTION NO. 94-361 j A MOTION TO CONTINUE AGENDA ITEM PZ-6 (PROPOSED RESOLUTION AMENDING R 80-334, PERTAINING TO -'LA SANTA MARIA" RESIDENTIAL PROJECT, LOCATED AT 1643 BRICKELL AVENUE, WHICH SEEKS TO PROVIDE FOR A WAIVER OF CHARTER WATERFRONT SETBACK PROVISION), CONTINUING SAID ITEM TO THE COMMISSION MEETING j PRESENTLY SCHEDULED FOR JUNE 30, 1994; FURTHER REQUESTING I ATTORNEY FOR THE OPPONENTS, CHRIS KORGE, TO SUBMIT TO THE COMMISSION AND TO ATTORNEY FOR THE APPLICANT, ROBERT H. TRAURIG, A LIST OF ITEMS WHICH CONSTITUTE POSSIBLE AREAS FOR COMPROMISE; FURTHER STIPULATING THAT MR. TRAURIG IS TO SUBMIT ANSWERS TO THE ITEMS ON SAID LIST TO THE MEMBERS OF THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Mr. Korge: Mr. Mayor... Vice Mayor Dawkins: Now 8, item 8. Mr. Korge: Mr. Mayor, if I could just... Commissioner Plummer said one thing that... I need, as an attorney, to state for the record that my clients have not authorized me to disclose any information which is proprietary to them. I will present to them what you've suggested, as far as settlement negotiations. Vice Mayor Dawkins: OK. Let me tell you what to tell your clients. OK? If your clients cannot present this Commission with that which it needs to make an intelligent answer, we won't. Mr. Korge: We will do that for you, Commissioner. Vice Mayor Dawkins: All right, sir. Thank you. 97 May 23, 1994 Mayor Clark: What item are we on? Commissioner Plummer: I'm sure they will see the reasonableness of our request. They should learn to love us. ---------------------------------------------------------------------------------------------------------------- 22. FIRST READING ORDINANCE: AMEND 11000 TEXT -- REDUCE NUMBER OF OFFSTREET TRUCK LOADING BERTHS REQUIRED IN R-3 MEDIUM -DENSITY MULTIPLE FAMILY DISTRICT. (Applicant: Planning, Building & Zoning Dept.) Mayor Clark: What item are we on here? Mr. Sergio Rodriguez (Assistant City Manager): PZ-7. Mr. Joe McManus: Item PZ-7. Mr. Mayor and members of the Commission, item PZ-7 is... Commissioner Plummer: I was the one that brought this back, Mr. Mayor. My concern here was exemplified today as I came to City Hall with Yacht Harbor. Mayor Clark: What is it, J.L.? Commissioner Plummer: Mr. Mayor, this relates to, not commercial property, but to residential property, as far as the loading bays are concerned. I would like to see that there is a reasonable distance between the street and where the loading bays are. Today at Yacht Harbor, they have no loading bays, for all practical purposes. The moving van was out in the middle of Bayshore Drive, and they were rolling everything out on carts. There's nowhere that I know of in Yacht Harbor that they can pull an eighteen-wheeler into. If, in fact, there is a distance requirement from the street to where the loading bays are that provide a sufficient amount of off-street noncongestion, then I'll vote for it. But other than that, I could not vote for it. Basically, it's reducing the number of the size. It still requires the two for the eighteen -wheelers. It does reduce the size of the six additional down to the size of a van. But I'm going to hold hostage that those have to be off of the street sufficiently so that it does not congest the streets by not having... Mayor Clark: Well, wait a minute, J.L. I don't know where we're at. You started out here and you... Commissioner Plummer: On item 7, Mr. Mayor. Mayor Clark: I know it's item 7, but there's no presentation on this thing yet. Vice Mayor Dawkins: That's right. What is 7? Commissioner Plummer: Oh, I'm sorry, sir. I was trying to do some - rush it up for you. Vice Mayor Dawkins: We're through with 7. Lucia Dougherty, ESQ.: I don't need to make a presentation, but if... I concur with his amendment if it can be done. 98 May 23, 1994 W Mayor Clark: All right. Fine, if you concur. That's fine. Vice Mayor Dawkins: Seven... Wait a minute. Seven, what is 7? Mayor Clark: I didn't know what was happening. i Commissioner Plummer: OK. Ms. Dougherty: It's loading... Mr. Rodriguez: Loading berth. Ms. Dougherty: Loading, the number or the size of the loading bay. Mayor Clark: Do you agree with his position? Ms. Dougherty: Yes, sir. Mayor Clark: Let's move it, then. Commissioner Plummer: I move it. Mr. McManus: Mr. Commissioner... Vice Mayor Dawkins: Hold it, hold it. What is... What are you saying? iMr. McManus: This is first reading. Can we massage this and come back on second? Commissioner Plummer: OK. By the time you come back for second, give me a reasonable distance off of the street to eliminate and not have congestion. I move it on first reading. Mr. Joel Maxwell (Assistant City Attorney): You want to add the intent? Mr. McManus: Mr. Commissioner. Commissioner Plummer: Yes, sir. Mr. McManus: We'd also like to expand the intent statement of the truck loading bays, with the idea that the intent, here, is to prevent and preclude loading and unloading of commercial vehicles from any public right-of-way. Commissioner Plummer: Oh, well, that's exactly what I'm saying. Mr. McManus: Yea. Mayor Clark: OK. Commissioner Plummer: That's exactly what I'm saying. Mayor Clark: OK. All right. You got to read it into the record? Mr. McManus: It will come back on second reading. Mr. Maxwell: Yes, sir. 99 May 23, 1994 f1"� Commissioner Plummer: First reading. Mr. Maxwell: First reading. Commissioner Plummer: Read it. Mayor Clark: Who moved it? Commissioner Plummer: I did. Mayor Clark: Seconded by Mr. Gort. Call the roll. AN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, THEREBY AMENDING ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS", AMENDING THE LOADING BERTH REQUIREMENTS IN THE R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING DISTRICTS; 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. 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. 100 May 23, 1994 W ---------------------------------------------------------------------------------------------------------------- 23. DISCUSS AND CONTINUE (TO JUNE 30TH MEETING) CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT TO CLARIFY LANGUAGE REGARDING COMMUNITY BASED RESIDENTIAL FACILITIES, PERMIT FAMILY CARE HOMES IN RESIDENTIAL DISTRICTS, AND PERMIT HALFWAY / THREE-QUARTER WAY HOUSES / SINGLE ROOM HOUSES CONDITIONALLY IN CERTAIN DISTRICTS, ETC. Mayor Clark: What's the next item? Vice Mayor Dawkins: Eight, item 8. Mayor Clark: Item 8. Commissioner Plummer: What is this for, what item? Mayor Clark: What is this on? Mr. Joel Maxwell (Assistant City Attorney): This is the pallet. Commissioner Plummer: What pallet? Is that this item? (INAUDIBLE COMMENT MADE OUTSIDE OF THE PUBLIC RECORD) Commissioner Plummer: Oh, OK. Ms. Lourdes Slazyk: OK. PZ-8 is a proposal to amend the text of Zoning Ordinance 11000, to modify language and requirements for community -based residential facilities, and other types of residential facilities. Zoning Ordinance 11000 currently has no specific definitions. Conditions for use are parking requirements for many types of community -based residential facilities. The amendment before you will - is the first time that the Planning Department has tried to comprehensively address this issue. The ordinance... We've added definitions for all the different types of community -based residential facilities. Vice Mayor Dawkins: I'll wait till you finish. I just... Ms. Slazyk: All right. Vice Mayor Dawkins: When you finish, I have a question. Ms. Slazyk: All right. Vice Mayor Dawkins: Not till you finish. Ms. Slazyk: OK. What we've done is gone to the State statutes and the types of facilities that are allowed in each of the districts by State statute. Commissioner Plummer: May I ask? May I inquire? 101 May 23, 1994 1�) Vice Mayor Dawkins: OK. Wait a minute, hold it. No, I asked first. Commissioner Plummer: I'm sorry. Vice Mayor Dawkins: OK. How are you going to guarantee me that these facilities will be spread throughout and over the City of Miami, and those neighborhoods, like mine, that are inundated with them will be the last one to get one? How do you plan to do that? Commissioner Plummer: Can I expand on that same point? Vice Mayor Dawkins: Yes, go right ahead. Go ahead, Commissioner Plummer. Commissioner Plummer: The point that I wanted to expand on is a policy this Commission is already under, that until other municipalities pick up their fair share... Vice Mayor Dawkins: That's right. Commissioner Plummer: ... that it's not just to spread this around in the City of Miami. Vice Mayor Dawkins: Thank you, sir. Commissioner Plummer: All right? The policy, as I recall... Ms. Slazyk: For homeless facilities, yes. Commissioner Plummer: ... that is the standing policy of this Commission is until all other municipalities accept their responsibility for these halfway houses and care facilities, there will be no further facilities in the City of Miami. Ms. Slazyk: OK. Commissioner Plummer: You cannot convince me that Miami Shores doesn't have young men and women who are into drugs. You cannot convince me that El Portal doesn't have people that need halfway houses. Vice Mayor Dawkins: Coral Gables. Commissioner Plummer: Why does the City of Miami have to pick up out of forty-three, as I recall - and I could stand corrected - the last time I heard, forty-three of these facilities existed, and thirty-nine of them were in the City of Miami. That is unfair. Now, I'd like to defer this item until such time as you come back and demonstrate to me where all the rest of these... how many of these facilities exist in El Portal? How many of these facilities exist in Coral Gables? How many of these facilities exist in all or some of these high class outfits? Mayor Clark: She's got it. She's got it. Deferral. Commissioner Plummer: OK? Commissioner Plummer: I'll move to defer until such time. Vice Mayor Dawkins: And I second it. And when you bring that back, bring back the plan for each of those facilities, to do what you want me to do here. 102 May 23, 1994 Commissioner Plummer: And I would like to go one step further, and that is, put a moratorium that nothing further can be done until such time as this matter is resolved before this Commission. Mr. Sergio Rodriguez (Assistant City Manager): May I clarify something, Mr. Mayor? Commissioner Plummer: Sure. Why not? Mr. Rodriguez: The ordinance that is before you is trying to close some of the loopholes that we have presently in effect, and by doing what you are doing, other items might come through under the name of hotel/motel, apartment/hotel... Vice Mayor Dawkins: OK. Well, they'll have to come through then. Commissioner Plummer: I said a moratorium. Mr. Rodriguez: Are you going to stop then motels, hotels in the City? Apartment hotels, any others? Commissioner Plummer: If that's what's necessary, yes. I don't think this City can stand any more facilities that are a detriment, and one more off the tax roll. Ms. Slazyk: Right. Well, this ordinance also has distance requirements, and census tract requirements to make sure... Commissioner Plummer: You don't understand what I'm saying. Vice Mayor Dawkins: Yes, she does. Commissioner Plummer: As a citizen and a taxpayer of this community, I am fed up to here that all of these facilities are in my City. Mr. Rodriguez: The point that we're trying to make... Commissioner Plummer: Because, let me tell you, if you took - I guarantee you - a consensus of the people that are in these facilities, at least fifty percent of them come from outside of the City of Miami. Why should I have to support them? Why should my people have to be inconvenienced? I think that's wrong. Mayor Clark: You made a motion to defer this. Is there a second? Vice Mayor Dawkins: Second. Second. Mayor Clark: Call the roll. 103 May 23, 1994 W W The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO.94-3b2 A MOTION TO CONTINUE AGENDA ITEM PZ-8 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 IN ORDER TO CLARIFY LANGUAGE REGARDING COMMUNITY BASED RESIDENTIAL FACILITIES (CBRFs) TO THE MEETING PRESENTLY SCHEDULED FOR JUNE 30, 1994; FURTHER RESTATING THE COMMISSION'S BELIEF AND PREVIOUSLY EXPRESSED POLICY THAT NO MORE SUCH FACILITIES WOULD BE PERMITTED WITHIN CITY LIMITS UNTIL IT WAS DEMONSTRATED THAT THEY HAD BEEN EQUALLY DISTRIBUTED THROUGHOUT ALL OTHER MUNICIPALITIES IN DADE COUNTY; FURTHER PLACING A MORATORIUM ON ALL APPLICATIONS FOR CBRFs WITHIN CITY LIMITS UNTIL SUCH TIME AS THIS, MATTER IS ULTIMATELY RESOLVED BY THE CITY COMMISSION; AND FURTHER DIRECTING THE MANAGER TO BRING THIS ISSUE BACK FOR RECONSIDERATION AT THE MEETING PRESENTLY SCHEDULED FOR JUNE 30TH. Upon being seconded by Vice Mayor Dawkins, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. Commissioner Plummer: And the Mayor of South Bay was here also. Mayor Clark: Please, wait a minute. Wait a minute, now. Yes, ma'am, you're recognized. Ms. Jackie Echagarrua: My name is Jackie Echagarrua, and I'm from Shenandoah. I am here for that same reason. We have an overconcentration of what are called ACLFs (Adult Congregate Living Facilities). One of the definitions here was going to change from a twenty- four hour to a daily supervision. We don't need any less supervision. We have one facility in our area that is a total mess. We w ill be sending you videos along with a letter, so you can either do an investigation. We will also send Tallahassee HRS, who licenses these facilities. Mayor Clark: She tells the truth. She's my neighbor. She's my neighbor. Ms. Echagarrua: Yes, but I didn't want to bother you as a neighbor. Mayor Clark: That's all right. That's why you're here. Commissioner Plummer: Well, simply said, enough is enough. Vice Mayor Dawkins: That's right. Thank you, ma'am. 104 May 23, 1994 Ms. Sheila Anderson: Mr. Mayor, just a point of clarification. I am very pleased that you deferred the item. Is there a date certain when it will come back, or is it to infinity? Mayor Clark: It will come back later, yeah. I don't know the time yet. Commissioner Plummer: Well, the matter of the policy of this Commission, I think it's still the policy of this Commission that no further of these facilities can be placed in the City of Miami until such time as the other twenty-seven municipalities have picked up their fair share. Vice Mayor Dawkins: Including that one that's being planned by Mr. Albert. Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor. Commissioner Plummer: Wayne's World? Vice Mayor Dawkins: Nothing, nothing. Mr. Maxwell: Mr. Mayor. Mayor Clark: Yes. Mr. Maxwell: I need to advise the Commission, it's just as Mr. Rodriguez pointed out a moment ago. To the extent that one of these facilities may satisfy requirements of the Zoning Ordinance pertaining to some other form of operation, be it hotel, motel, something of that sort, to the extent that they satisfy all the requirements of the City Zoning Ordinance, there's nothing we can do to stop them. There's no policy of the Commission that can stop that. Mayor Clark: I'll put Plummer on that case. Mr. Maxwell: There's nothing that you can do, so... Commissioner Plummer: Are you saying that... Mr. Maxwell: As staff pointed out before, until such time as you actually amend the ordinance to close that loophole, if they satisfy requirements, we have to issue the permits. Commissioner Plummer: Are you saying with a moratorium, that we can't stop them? Mr. Maxwell: You can't issue a moratorium without going through the normal zoning process. You can't just, by fiat, today, for instance, bring it up as an emergency and say, "We declare a moratorium." Mayor Clark: All he's done today is tried to get some information about where these places are... Commissioner Plummer: That's right. Mayor Clark: ... how many, and what they do, and whether they need all these setbacks and things. Commissioner Plummer: That's correct. Mr. Maxwell: I understand that, but what Commissioner Plummer said was a policy... 105 May 23, 1994 11*q r'l) Mayor Clark: Bring it back on the 23rd. Mr. Maxwell: There is no moratorium, though. Mayor Clark: No, there's no moratorium. We can't issue a moratorium like that. Ms. Anderson: Mr. Mayor. Vice Mayor Dawkins: But prepare an ordinance for me to try to get a moratorium. Commissioner Plummer: You bet your hippy. Commissioner De Yurre: Mr. Mayor. Mayor Clark: Yes, ma'am. Ms. Anderson: Mr. Mayor, my name, is Sheila Anderson, for the record. My office is at 901 Northeast 2nd Avenue. At the Planning Advisory Board hearing, when this item came up, the request was made, and the board approved forming a citizens group, the same group of interested citizens who had worked on the zoning ordinance, to begin with, to set up criteria to look at this throughout the City, to study it so that we all know what's going on and that we can all understand it, because what you have before you today really opens the door to have these institutional facilities Citywide. Biscayne Boulevard, Brickell Avenue, South Miami Avenue, Coral Way would all have zoning classifications that would match what this criteria represents. And while staff has done a very good job of meeting the State definitions, we have a lot more work to do. Mayor Clark: When do you want them back, J.L.? Commissioner Plummer: As soon as they can, whenever that is. Mayor Clark: All right. 106 May 23, 1994 W -------------------------------------------------------------------------...-------------------------------------- 24. (A) (Continued) EMERGENCY ORDINANCE: AMEND 11130, WHICH ESTABLISHED THE NUMBER OF MEMBERS FOR THE TAX- EXEMPT PROPERTY STEERING COMMITTEE FROM 5 TO 6 MEMBERS. (See label 18) (B) AMEND RESOLUTION 93-285 -- ADD A SIXTH VOTING MEMBER (WHO SHALL BE A COMMISSIONER) TO TAX- EXEMPT PROPERTY STEERING COMMITTEE -- APPOINTED WAS COMMISSIONER J.L. PLUMMER, JR. Mayor Clark: Any other matters to come before this Commission? Mr. Joel Maxwell (Assistant City Attorney): Yes, sir, there is. Earlier, the Commission voted to increase the size of the Tax -Exempt Property Steering Committee, the Payment in Lieu of Taxes Committee. There are two steps that you need to do in order to do that. One would be an - and I can read it, I can read the title into the record right now - would be: "an emergency ordinance amending Section 3 of Ordinance Number 11130, adopted April 25, 1994, which established the number of members for the Tax -Exempt Property Steering Committee, P.I.L.O.T., at five members, to amend the number of members of said committee to six..." Mayor Clark: And one member a Commissioner. Mr. Maxwell: "... containing a repealer provision, and a severability clause, and providing for an effective date." Mayor Clark: And one member a Commissioner. Mr. Maxwell: Well, no, there's a separate resolution that I'll read separately. You need to vote on this first. Mayor Clark: Is that an ordinance? Mr. Maxwell: Yes, sir. Mayor Clark: Moved by Mr. Plummer, seconded by Mr. Gort. Call the roll. Mr. Maxwell: Yes, emergency ordinance. AN EMERGENCY ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 11130, ADOPTED MARCH 24, 1994, WHICH ESTABLISHED THE NUMBER OF MEMBERS FOR THE TAX-EXEMPT PROPERTY STEERING COMMITTEE ("P.I.L.O.T.") AT FIVE (5) MEMBERS BY INCREASING THE NUMBER OF MEMBERS OF SAID COMMITTEE TO SIX (6); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 107 May 23, 1994 Was introduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11154. 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. Mr. Maxwell: This will be a resolution amending Section 3, of Resolution Number 93-285, adopted May 13, 1993, which established a five -member Tax Exempt Property Steering Committee P.I.L.O.T., thereby altering the membership by adding a sixth voting member who would be a member of the City Commission, and shall serve a term of one year. Said Commissioner shall be appointed by the City Commission; further, appointing J.L. Plummer, Jr. as the Commission member for a one-year term. Mayor Clark: Move and second the resolution. Commissioner Plummer: Right. Mayor Clark: Cast a unanimous ballot. 108 May 23, 1994 91 W The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.94-363 A RESOLUTION AMENDING SECTION 3 OF RESOLUTION NO. 93-285, ADOPTED MAY 13, 1993, WHICH ESTABLISHED A FIVE MEMBER TAX- EXEMPT PROPERTY STEERING COMMITTEE ("P.I.L.O.T.") THEREBY ALTERING THE MEMBERSHIP OF SAID COMMITTEE BY ADDING A SIXTH VOTING MEMBER WHO WILL BE A MEMBER OF THE COMMISSION AND SHALL SERVE A TERM OF ONE YEAR; SAID COMMISSIONER SHALL BE APPOINTED BY THE CITY COMMISSION; FURTHER, APPOINTING J.L. PLUMMER, JR. AS THE COMMISSIONER MEMBER FOR A ONE YEAR TERM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Dawkins, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 25. RESCHEDULE JUNE 23RD COMMISSION MEETING TO TAKE PLACE ON JUNE 30, 1994. Commissioner De Yurre: Mr. Mayor, one item. Commissioner Plummer: Well, I have one item, Mr. Mayor. Mayor Clark: What is it? Commissioner Plummer: Emergency... Commissioner De Yurre: OK. If I... Commissioner Plummer: You got one? Go ahead. Commissioner De Yurre: I just need to change the date of the June 23rd meeting. Commissioner Plummer: Go ahead. Commissioner De Yurre: To the 16th, if it's OK. 109 May 23, 1994 Commissioner Plummer: Second, assuming that all calendars are not in conflict. Mayor Clark: The 16th? Are we going to be in... Commissioner Plummer: That's in June. Commissioner De Yurre: June. Mayor Clark:... Portland? Commissioner Plummer: I don't know. Mayor Clark: It may be important for the Mayor's conference. Commissioner De Yurre: Do you want to move it to the 30th? Mayor Clark: Yeah, I'd as soon move it up. Because I know if we're going... Commissioner Plummer: Move it wherever you want, subject to the Commission agendas not being in conflict. Mayor Clark: Let's say the 30th. The only meeting in June will be the 30th? Commissioner De Yurre: No. There's one on the 9th. Mayor Clark: Better make it the 30th. Commissioner De Yurre: OK. So, so moved to the 30th. Mayor Clark: All right. Moved and seconded. Commissioner Plummer: Can I ask a dumb question? Mayor Clark: What. Commissioner Plummer: What does your zoning agenda look like on the June meeting? Mr. Sergio Rodriguez (Assistant City Manager): We don't know yet, but we know that we have one item which is extremely controversial. Commissioner Plummer: A what? Mr. Rodriguez: One item that is extremely controversial. Mayor Clark: What is it? Commissioner Plummer: All right. Well, I was going to say try to... Mr. Rodriguez: The Homeless Assistance Center in the Omni area. Commissioner Plummer: The what? Mayor Clark: When are we going to have it? 110 May 23, 1994 Mr. Rodriguez: The Homeless Assistance Center. Mayor Clark: When are we going to have it? On the 30th? Mr. Rodriguez: Whenever... Yeah. Mayor Clark: Good, the 30th. Commissioner De Yurre: OK. t Commissioner Plummer: All right. Commissioner Gort: Mr. Mayor. Mayor Clark: Yes. Commissioner De Yurre: Cast a unanimous ballot on that one. Mayor Clark: We changed the meeting date to the 30th, Madam Clerk. The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 94-364 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING IN JUNE TO TAKE PLACE JUNE 30, 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 Mayor Stephen P. Clark NAYS: None. ABSENT: None. 111 May 23, 1994 PON ---------------------------------------------------------------------------------------------------------------- 26. EMERGENCY ORDINANCE: AMEND CODE SECTION 52.6-3 (POWERS OF CHAIRPERSON OF MIAMI SPORTS AND EXHIBITION AUTHORITY) TO INCLUDE POWER TO APPOINT TWO VICE CHAIRPERSONS, ONE SECRETARY AND ONE TREASURER FROM AMONG AUTHORITY'S BOARD MEMBERS. ---------------------------------------------------------------------------------------------------------------- Mayor Clark: Plummer? Vice Mayor Dawkins: Go ahead, Mr. Plummer. Commissioner Plummer: Gort has a problem? Commissioner Gort: No, I don't have no problem. Mayor Clark: You got the floor. Commissioner Gort: I have the floor? Commissioner Plummer: Well, I... Commissioner Gort: Well, Mr. Plummer wants to read something. Go ahead. Commissioner Plummer: "An emergency ordinance amending the powers of the Chairperson of the Miami Sports and Exhibition Authority by adding the power to appoint chairpersons," plural, "one secretary and one treasurer from among the Authority's members; more particularly, by amending Section 52.6-3 of the Code of the City of Miami, Florida, as amended; containing a repealer provision, a severability clause and providing for an effective date." I'm told by Jerry Bernfeld that this is necessary to do such. Vice Mayor Dawkins: Second. Mayor Clark: Call the roll, Madam Clerk. Commissioner Plummer: It's an emergency, two readings. AN EMERGENCY ORDINANCE AMENDING THE POWERS OF THE CHAIRPERSON OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY BY ADDING THE POWER TO APPOINT TWO (2) VICE -CHAIRPERSONS, ONE (1) SECRETARY AND ONE (1) TREASURER FROM AMONG THE AUTHORITY'S MEMBERS; MORE PARTICULARLY BY AMENDING SECTION 52.6-3 OF THE i CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A i REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 112 May 23, 1994 a Was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice Mayor Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11155. 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. ---------------------------------------------------------------------------------------------------------------- 27. BRIEF COMMENTS BY COMMISSIONER GORT CONCERNING GREAT SUCCESS OF THE RECENT MEETING OF INTERNATIONAL TRAVEL AGENTS HELD IN MIAMI. Commissioner Gort: Mr. Mayor, I'll be very quick. I had the opportunity to visit Pow -Wow twice, and it's a great event. We have over five thousand delegates in there, and they're doing over two billion dollars in business in there, and they really appreciated our visit over there. So there's a phone number for you... I'm sure you received their credentials, and so on, and if you call them personally, they will give you a guided tour of the area. I think it's worth going and seeing it. Mayor Clark: Where is it? Over at the Convention Center? Commissioner Gort: The Convention Center. Tonight, they got the Miami Beach... taking place. They're closing down the South Beach. Vice Mayor Dawkins: How many nights is the program? 113 May 23, 1994 Commissioner Gort: Two more nights. Vice Mayor Dawkins: OK. I'll see you tomorrow night. Commissioner Gort: Thank you. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 28. REFER TO CITY MANAGER REQUEST FROM HELEN PANCOAST IN j CONNECTION WITH SUBORDINATION OF MORTGAGE OF BAKEHOUSE ART COMPLEX -- DIRECT MANAGER TO WORK TOGETHER WITH SAID INDIVIDUAL AND, SUBJECT TO ALL MATTERS BEING RESOLVED AND ALL REQUIREMENTS BEING MET, AUTHORIZE MANAGER TO ISSUE LETTER OF SUBORDINATION. -------------------------------------------------------- ------------------------------------------------------- Mayor Clark: Check's in the mail. Mr. Sergio Rodriguez (Assistant City Manager): Well... Mr. Mayor. Mayor Clark: It ain't. Mr. Rodriguez: Commissioner Dawkins mentioned something a few minutes ago, and I... to try to see if we can solve this issue at the hearing. Mayor Clark: All right, fine. What's the problem? Now, wait a minute, J.L. Hold on. What's the problem? Mr. Rodriguez: Commissioner Dawkins asked me to see whether we can solve the problem that this lady has in relation to a subordination of a mortgage, and he asked me to work with her. She was advising me now that she had to get this resolved before the next... Ms. Helen Pancoast: June 1. Mr. Rodriguez: Before June 1. i Vice Mayor Dawkins: What? She had to get a letter from the Manager. That's what she told me. Ms. Pancoast: I have to get a subordination letter. The County has already signed off on their mortgage... Mr. Rodriguez: Do we need action by the Commission? Ms. Pancoast: And it has to come back before the Commission. Commissioner Plummer: I make a motion that the Manager be instructed to work with this person, and subject to all matters being resolved and all requirements being met, that we authorize the Manager to issue such a letter. I so move. Mayor Clark: Tell us who this person is. 114 May 23, 1994 Commissioner Plummer: The Bakehouse. Mr. Rodriguez: Bakehouse. Ms. Pancoast: Helen Pancoast, Bakehouse Art Complex. How are you? Commissioner Plummer: And Helen Pancoast as chauffeur. Ms. Pancoast: You got it. Mayor Clark: OK, Mrs. Pancoast. Anything else? Commissioner Plummer: Call the roll. Mayor Clark: All in favor, signify by saying "aye." Opposed, like sign. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 94-365 A MOTION REFERRING TO THE CITY MANAGER REQUEST RECEIVED FROM MS. HELEN PANCOAST TO HAVE THE CITY EXECUTE CONFIRMATIONS OF THE SUBORDINATION OF MORTGAGE FOR THE BAKEHOUSE ART COMPLEX; FURTHER STIPULATING THAT, SUBJECT TO ALL LEGAL ISSUES AND PERTINENT REQUIREMENTS BEING SATISFIED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE ADMINISTRATION IS HEREBY AUTHORIZED TO COMPLY WITH SAID REQUEST. Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort NAYS: ABSENT: Commissioner Victor De Yurre Commissioner J. L. Plummer, Jr. Vice Mayor Miller J. Dawkins Mayor Stephen P. Clark None. None. 115 May 23, 1994 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:39 P.M. Stephen P. Clark MAYOR ATTEST: Matty Hirai CITY CLERK Walter J. Foeman ASSISTANT CITY CLERK Ilk 116 May 23, 1994