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CC 1993-01-28 Minutes
1A IN U TES OF MUTING MELD ON JAaaARY 28, 1993 PLAN14ING AND ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRKI City Clerk a INDEX MINUTES OF REGULAR MEETING JANUARY 20, 1993 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. EMERGENCY ORDINANCE: ESTABLISH NEW ORDINANCE SPECIAL REVENUE FUND: JTPA TITLE III 11034 TEMPORARY "EMERGENCY" JOBS PROGRAM (PY 1128/93 192) -- APPROPRIATE $1,341,600 FROM U.S. DEPARTMENT OF LABOR -- ACCEPT GRANT -- ENTER INTO AGREEMENTS WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. 2. DISCUSS AND WITHDRAW PROPOSED DISCUSSION RESOLUTION TO AUTHORIZE EXECUTION OF 1/28/93 PROFESSIONAL SERVICES AGREEMENT WITH THE NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES (NOBLE) -- FOR PROVISION OF TRAINING FOR POLICE DEPARTMENT. (ITEM WITHDRAWN BY ADMINISTRATION.) 3. DISCUSS AND TABLE CONSIDERATION OF DISCUSSION PROPOSED RESOLUTION TO AUTHORIZE 1/28/93 PURCHASE OF TWO MARINE PATROL VESSELS. 4. 5. APPROVE FUNDING OF THE "DO THE RIGHT R 93-58 THING" PROGRAM -- ALLOCATE FUNDS FROM 1/28/93 LAW ENFORCEMENT TRUST FUND. ACCEPT PLAT: VILLAS DE VIZCAYA. R 93-59 1/28/93 6. DISCUSSION CONCERNING PROBLEMS AT DISCUSSION PARKING METERS IN THE MEDIAN BETWEEN 1/28/93 S.E. 1 STREET AND N.E. 6 STREET ON BISCAYNE BOULEVARD INVOLVING INDIVIDUALS OFFERING TO "PROTECT" PARKED CARS FOR A FEE -- DIRECT ADMINISTRATION TO SCHEDULE FOR NEXT COMMISSION MEETING. 11-17 17-26 27 28-30 1. BRIEF DISCUSSION CONCERNING THE GENERAL DISCUSSION 31 EMPLOYEES' AND SANITATION EMPLOYEES' 1/28193 RETIREMENT TRUST FUND -- DIRECT ADMINISTRATION TO SCHEDULE FOR NEXT COMMISSION MEETING. 8. DISCUSSION CONCERNING POLICE VEHICULAR DISCUSSION 31-32 PURSUIT -- DEFER TO NEXT MEETING. 1/28/93 9. REQUEST BY CHARLES H. GRAY THAT THE DISCUSSION 32-40 LATERAL VASCULAR RESTRAINT USED BY 1/28/93 POLICE BE COMPLETELY ELIMINATED. 10. COMMISSIONER PLUMMER POINTS OUT DISCUSSION 40-43 DEVASTATING EFFECT FOR THE CITY IF THE 1/28/93 ISSUE OF SECESSION BY COCONUT GROVE WERE TO BE SUCCESSFUL -- DISCUSSION CONCERNING CITY'S ALTERNATIVES (See label 34). 11. DISCUSSION CONCERNING A MORATORIUM BY M 93-60 44-51 METRO-DADE FORBIDDING ANY NEW SEWAGE 1/28/93 HOOKUPS IN THE CENTRAL WASTEWATER DISTRICT UNTIL FURTHER NOTICE -- DIRECT CITY ATTORNEY TO TAKE WHATEVER LEGAL MEASURE NECESSARY TO ENSURE THAT THE COUNTY'S WATER AND SEWER AUTHORITY WILL CONTINUE TO PROVIDE ALL NECESSARY SERVICES TO MIAMI RESIDENTS. 12. ALLOCATE $25,000 TO RELOCATE HOMELESS R 93-61 51-61 INDIVIDUALS PRESENTLY LIVING IN 1/28/93 BICENTENNIAL PARK, WHICH AREA IS TO BE CLOSED FOR STAGING OF THE GRAND PRIX RACE -- INSTRUCT MANAGER TO ALSO ALLOCATE MONIES TO BE DONATED BY RALPH SANCHEZ TO ASSIST IN RELOCATING THE HOMELESS. 13. DISCUSS AND TEMPORARILY TABLE PROPOSED M 93-62 62-94 RESOLUTION TO REVERSE ZONING BOARD'S 1/28/93 DECISION TO DENY VARIANCE TO ALLOW A REAR YARD SETBACK AND PARKING STALL AT FRONT PROPERTY LINE AT 121-123 N.W. 56 COURT (Applicants: Digmory Rocio Diaz & Ed11ma Castano) (See labels 18 & 23). 7 14.. CONTINUE TO MEETING OF MARCH 25TH (AT DISCUSSION REQUEST OF APPLICANT AND APPELLANTS) 1/28/93 PROPOSED RESOLUTIONS TO APPEAL SPECIAL EXCEPTION GRANTED BY ZONING BOARD: (a) TO PERMIT A JOINT PARKING FACILITY AT APPROX. U.S. 1 AND 27 AVENUE, AND (b) TO PERMIT A GASOLINE STATION AT APPROX. U.S. 1 AND 27 AVENUE (PZ-11 AND PZ-12) (Applicant: Resolution Trust Corp. Appellant: J. Confalone, N. Grove & C. Grove Sta. Apartments). 15. COMMISSIONER DAWKINS REQUESTS DISCUSSION ADMINISTRATION TO INFORM AS TO TOTAL 1/28/93 NUMBER OF POLICE OFFICERS ASSIGNED TO LIBERTY CITY ON SATURDAY AND SUNDAY -- ITEM TABLED. 16. CONTINUE TO MARCH 25TH MEETING PROPOSED DISCUSSION RESOLUTION TO APPEAL VARIANCE DENIED BY 1/28/93 ZONING BOARD AT: (A) EPZ-151 3145 COMMODORE PLAZA (Applicant: Walter S. Falk. Appellant: Juan Valverde Dominguez). (8) EPZ-13] 3036 GRAND AVENUE (Applicant: Richard Peacock. Appellant: Kenneth Eldridge). (C) EPZ-14] 2957 FLORIDA AVENUE (Applicant/Appellant: Carlo Fontanesi). 17. REVERSE DECISION OF ZONING BOARD -- M 93-63.1 GRANT VARIANCE TO ALLOW A SIDE YARD R 93-63 SETBACK ON EXISTING ADDITION TO PROPERTY AT 4675 N.W. 7 STREET (Applicant: Portofino III, Inc. Appellant: Jorge Artiles). 18. DISCUSS AND TEMPORARILY TABLE PROPOSED DISCUSSION RESOLUTION TO APPEAL ZONING BOARD'S 1/28/93 DENIAL OF VARIANCES TO ALLOW A REAR YARD SETBACK AND PARKING STALL AT FRONT OF PROPERTY LINE FOR AN EXISTING ADDITION TO DUPLEX RESIDENCE AT 121-123 N.W. 56 COURT (Applicants: Digmory Rocio Diaz & Edilma Castano) (See labels 13 & 23). 94-95 95-96 96-101 102-114 114-119 19. GRANT FINAL APPROVAL OF LANDSCAPING R 93-64 PLAN, AS REQUIRED FOR CLASS II SPECIAL 1/28/93 PERMIT -- AUTHORIZE PLANNING, BUILDING AND ZONING DEPARTMENT TO PROCESS CLASS 11 SPECIAL PERMIT FILE NO. 92-2090 -- FOR DEVELOPMENT WITHIN SD-13 S.W. 27 AVENUE GATEWAY DISTRICT, FOR PROPERTY AT 2804 BIRD AVENUE (Applicant: Carolyn B. Meredith). 20. DISCUSS AND CONTINUE (TO MEETING OF DISCUSSION FEBRUARY 25TH) PROPOSED RESOLUTION TO 1/28/93 APPEAL ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT 4,214 SQ. FT. OF GREEN SPACE FOR CONSTRUCTION OF FAST FOOD RESTAURANT (BURGER KING) AT 1101 S.W. 22 STREET (Applicant Jose Valle/Gull House N4 Ltd. Appellant: Burger King Corp.) 21. SECOND READING ORDINANCE: AMEND 10544 ORDINANCE (MCNP) FUTURE LAND USE MAP -- CHANGE 11035 LAND USE DESIGNATION AT APPROXIMATELY 1/28/93 3711 S.W. 26 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Bonzo Enterprises, Inc.). 22. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ZONING ATLAS -- CHANGE CLASSIFICATION 11036 FOR AN EXISTING ADDITION TO A DUPLEX 1/28193 RESIDENCE FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT APPROXIMATELY 3711 S.W. 26 TERRACE (Applicant: Bonzo Enterprises, Inc.). 120-123 124 125-126 126-127 23. (A) (Continued Discussion) GRANT APPEAL -- REVERSE ZONING BOARD'S DENIAL OF VARIANCE -- ALLOW A REAR YARD SETBACK AND PARKING STALL AT FRONT PROPERTY LINE FOR AN EXISTING ADDITION TO A DUPLEX RESIDENCE AT 121-123 N.W. 56 COURT (Applicants: Dlgmory Rocio Diaz & Ed11ma Castano) (See labels 13 & 18) . (B) INSTRUCT ADMINISTRATION THAT, IN CASES WHERE A CODE ENFORCEMENT FINE HAS BEEN ISSUED AND THE FINED PARTY COMES INTO COMPLIANCE, THE FINE CANNOT BE MITIGATED BELOW 15% OF ITS FACE VALUE -- SUCH MITIGATED FINE TO BE PAYABLE: (a) IN FULL, PRIOR TO CERTIFICATE OF OCCUPANCY BEING ISSUED, (b) IN INSTALLMENTS, WITH INTEREST ACCRUED, OR (c) BY PLACING A LIEN ON THE PROPERTY AND COLLECTING SAID FINE WHEN PROPERTY IS SOLD, WITH INTEREST ACCRUED. 24. (A) DENY PROPOSED FIRST READING ORDINANCE TO CHANGE LAND USE DESIGNATION AT APPROXIMATELY 1415 S.W. 17 AVENUE / 1691 S.W. 14 TERRACE AND 1401 S.W. 17 AVENUE FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: B.E. & L.H. Frank, Exposito & Sanders). (B) DENY PROPOSED FIRST READING ORDINANCE TO CHANGE ZONING ATLAS AT APPROXIMATELY 1415 S.W. 17 AVENUE / 1691 S.W. 14 TERRACE AND 1401 S.W. 17 AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Applicant: B.E. & L.H. Frank, Exposito & Sanders). (See label 25-B) R 93-65 M 93-65.1 1/28/93 M 93-66 M 93-67 1/28/93 126-135 136-158 -E ,s - s _ ,1 4 25. (A) UPHOLD ZONING BOARD'S DENIAL OF R 93-68 158-174 REQUEST FOR SPECIAL EXCEPTION TO ALLOW 1/28/93 A BAR AND PQOL ROOM AT 801 W.W. 37 AVENUE, SUBJECT TO A VARIANCE TO WAIVE 37 OF 198 REQUIRED PARKING SPACES (Applicant: Joseph Rocco. Appellant: Alejandro Enriquez, Billiards -Yards, Inc.) (B) BRIEF ADDITIONAL COMMENTS BETWEEN MAYOR SUAREZ AND VIRGILIO PEREZ CONCERNING PRIOR DISCUSSION ON AGENDA ITEM PZ-6 (See label 24A). 26. UPHOLD ZONING BOARD'S DENIAL OF REQUEST R 93-69 174-175 FOR VARIANCE TO WAIVE 37 OF 198 TOTAL 1/28/93 PARKING SPACES REQUIRED FOR EXISTING SHOPPING CENTER AT 801 N.W. 37 AVENUE RESULTING FROM THE PROPOSED BAR AND POOL ROOM TO BE ALLOWED BY SPECIAL EXCEPTION (Applicant: Joseph Rocco. Appellant: Alejandro Enrlquez, Billiards -Yards, Inc.) 27. UPHOLD ZONING BOARD'S DENIAL OF REQUEST R 93-70 176-197 FOR SPECIAL EXCEPTION TO ALLOW A BEER 1/28/93 AND WINE BAR AT 1751 S.W. 8 STREET (Applicant: Paul Jeremie. Appellant: Francisco Hidalgo). 28. CONTINUE TO FEBRUARY 25TH MEETING (AT M 93-71 198-235 6:00 PM) CONSIDERATION OF THE FOLLOWING 1/28/93 AGENDA ITEMS: (A) (PZ-16) PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 BY -- ADDING PROVISIONS REGARDING FLOOR AREA _ CALCULATIONS TO BE USED FOR PARKING —_ REQUIREMENTS, AND A PROCEDURE TO PERMIT PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING. (B) (PZ-17) PROPOSED FIRST READING ORDINANCE TO AMEND CODE CHAPTER 35 =- (MOTOR VEHICLE AND TRAFFIC) BY ADDING NEW ARTICLE VIII (COCONUT GROVE PARKING t IMPROVEMENT TRUST FUND). (C) (PZ-18) PROPOSED FIRST READING ORDINANCE TO AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS) BY AMENDING "SIDEWALK CAFES" TO ALLOW THEIR EXISTENCE IN CONJUNCTION WITH "FOOD - ESTABLISHMENTS - TAKE OUT ONLY" -- WITH PROVISIONS FOR PARKING (Applicant: Planning, Building & Zoning Dept.), -7 —i i 29. CONTINUE, TO A FEBRUARY 25, 1993, M 93-72 235-236 CONSIDERATION OF AGENDA ITEMS PZ-19, 1/28/93 PZ-20, PZ-21, PZ-22, PZ-23 AND PZ-24. 30. GRANT REQUEST BY ROYAL CARIBBEAN GOLF R 93-73 237-238 = CLASSIC TO USE MIAMI MARINE STADIUM FOR 1/28/93 — VOLUNTEER PARKING CONCERNING THE MIAMI PROJECT TO CURE PARALYSIS, AND ROYAL _ CARIBBEAN GOLF TOURNAMENT. 31. GRANT REQUEST FOR WAIVER OF R 93-74 238-239 SPECIFICALLY DESIGNATED FEES IN 1/28/93 — CONNECTION WITH THE 1993, 1994 AND 1995 GRAND PRIX RACE EVENTS. -. 32. GRANT FUNDING REQUEST BY ORLANDO URRA R 93-75 239-241 (ALLAPATTAH COMMUNITY ACTION CHILD CARE 1/28/93 CENTER) FOR $20,000 TO ASSIST THEM THROUGH THE END OF THEIR FISCAL YEAR (JUNE 30, 1993) . 33. RESCHEDULE FEBRUARY 11, 1993 COMMISSION R 93-76 241-243 MEETING TO FEBRUARY 9, 1993. 1/28/93 34. (Continued Discussion) BRIEF COMMENTS DISCUSSION 243-245 BY MARY WEBER ON BEHALF OF COCOANUT 1/28/93 GROVE VILLAGE COUNCIL REQUESTING THE -_ COMMISSION NOT TO SPEND ANY TAX MONIES BY JOINING LAWSUIT PRESENTLY INSTITUTED WHICH WOULD SEEK TO PREVENT METROPOLITAN DADE COUNTY FROM PLACING ON ITS MARCH 16, 1993 BALLOT A QUESTION WHICH ALLOW VOTERS RESIDING WITHIN A MUNICIPALITY TO SEPARATE FROM THAT —_ MUNICIPALITY WITHOUT THE CONSENT OF THE MUNICIPAL GOVERNING BODY (See label _ 10). _ CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of January, 1992, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 3:10 P.M. a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Commissioner Miriam Alonso Cesar Odio, City Manager An invocation was delivered by Mayor Suarez. Vice -Mayor De Yurre then led those present in a pledge of allegiance to the flag. 1. EMERGENCY ORDINANCE: ESTABLISH ►SEW SPECIAL REVENUE FUND: JTPA TITLE III TEMPORARY "EMERGENCY" JOSS PROGRAM (PY 192) -- APPROPRIATE $1,341,600 FROM U.S. DEPARTMENT OF LABOR -- ACCEPT GRANT -- ENTER INTO AGREEMENTS WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. ------------------------------------------------------------------------------ Mayor Suarez: OK. Item number 1, Emergency Ordinance requiring 4/5ths vote. Establishing a new special review fund entitled: JTPA Title III Temporary "Emergency" Jobs Program appropriating $1,341,600 for said fund from the US Department of Labor and so on. I'll entertain a motion on the item. Vice Mayor De Yurre: Move. Mayor Suarez: Moved. Commissioner Dawkins: Where's J.L.? You need 4/5th. Mayor Suarez: We need 4/5th. Is he somewhere within the Chambers? 1 January 28, 1993 Commissioner Dawkins: All right. While we are waiting on J.L. Somebody from the administration... This is a $1,341,600 to maintain 300 slots currently allocated. Where are they? Who are they? And what do they do? Mr. Frank Castaneda: OK. Commissioners, right now in the City of Miami we have 633 employees. Commissioner Dawkins: How many? Mr. Castaneda: 633 employees under this program. Commissioner Dawkins: 633 employees that were employed with... Mr. Castaneda: Emergency program. Commissioner Dawkins: ...FEMA (Federal Emergency Management Agency) emergency money. Mr. Castaneda: Correct. Commissioner Dawkins: All right. Now. At what salaries? Mr. Castaneda: $6, $7 and $8. Commissioner Dawkins: Six dollars... Mr. Castaneda: $6, $7, and $8 an hour. Commissioner Dawkins: OK. $6, $7 and $8. With or without benefits? Mr. Castaneda: No benefits. Commissioner Dawkins: No benefits? Mayor Suarez: For what period of time? I think that's where you're headed, right? Mr. Castaneda: Six months or $6,000, whichever comes first. Commissioner Dawkins: Six months or $6,000? Mayor Suarez: So, 1n no event more than $6,000, which would mean how many... How does it work out to be? Multiplying what? 600 and something. Commissioner Dawkins: So 300 slots come to 6 months equal a $1,300,000? Mayor Suarez: It'll be closer to 1.8, so I guess you won't be able to reach 6,000 at all then. Mr. Castaneda: No, Commissioner. Let me also explain that part of the program is also going to be handled by JESCA (James E. Scott Community Association) and another not -for -profit. We are only taking part of the program. This program was really operated by Metropolitan Dade County and 2 January 28, 1993 they decided no longer to continue for employees outside jurisdiction. They have given us 300 of those employees. Commissioner Dawkins: Of the $1,341.000, how many dollars will the City of Miami accept to employ people who live in the City of Miami? Mr. Castaneda: Ninety-six.., NOTE FOR THE RECORD: Commissioner Alonso entered the meeting at p.m., and City Manager Odio entered the — meeting at 3:16 p.m. ----------------------------------------------------------- Mr. Fred Hubson: Ninety-six percent of those people now live in the City of Miami. Commissioner Dawkins: I'll ask my question again, not in reference to percentage of people hired, but in the context of dollars. Of the $1,341,000, how much of that is given to the City of Miami to hire people in the City of Miami? How much money, not what percentage of people would be hired. Mr. Hubson: Most of it, Commissioner, I don't have the percentage right now. The $1.3 million given to us to employ people in 300 slots. It just happen that right now we have 96 percent of the people in those slots live in the City of Miami. Commissioner Dawkins: So, what is Mr. Castaneda telling me when JESCA and other people are involved? What is he telling me? _ Mr. Hubson: Originally, we had 750 people in these slots. As of today, part of those people are going to be going to JESCA. That was the decision made by PIC (Private Industry Council). We retained 300 slots and in those 300 slots all of those people still going to be working for the City of Miami. Commissioner Dawkins: Beg your pardon? Mr. Hubson: All of those 600 something people that we have on board now are still going to be working for the City of Miami. Commissioner Dawkins: OK. _ Mr. Hubson: It just so happen that JESCA is going to be responsible for the = time sheets, picking up the checks, giving the checks and that type of stuff. - We're going to be responsible for 300 slots which are now 425 people. Commissioner Dawkins: All right. We have four subgroups living in the City of Miami. —' Mr. Hubson: Yeah. -' Commissioner Dawkins: So, you're telling me that of the 300 slots, 75 will be blacks, 75 will be Latins, 75 will be women and 75 will be white. Is that what you're saying? F 3 January 28, 1993 Mr. Hubson: No, of those 300 slots, we have 425 people. We have 69.6 percent black... Commissioner Dawkins: Where do they live, the black ones? Mr. Hubson: Ninety-six percent live in the City of Miami. Commissioner Dawkins: What... OK. Commissioner Plummer: May I ask why the other four, Miller? Commissioner Dawkins: Yes, go ahead, J.L. Commissioner Plummer: Why the other four? Why are we doing anything that doesn't live 1n the City of Miami? Mr. Hubson: Because these are federal funds and we cannot exclude... Mr. Castaneda: We did all the recruitment in the NET (Neighborhood Enhancement Team) areas. I assume that eight people sneaked in to do our program, Commissioner. Commissioner Dawkins: So these 300 people are employed in the NET program? Mr. Hubson: No, they are employed all over the City. We have people in Risk Management. We have people in finance. We have people in Personnel. We have people in Fire Department. We have people in Public Works and Solid Waste and Parks and Rec, all over the City. Commissioner Dawkins: And they will be employed for how long? Mr. Hubson: It's six months or $6,000. Commissioner Dawkins: What will happen to the jobs that they are doing? Who is going to perform the duties that they are doing? How will the work that they are doing be carried on at the end of the six months? Mr. Castaneda: Commissioner, this 1s hurricane related to help the City get back on its feet. Commissioner Dawkins: Mr. Castaneda, that has nothing to do with what it related to... either they are needed to perform a service or they're not needed to perform a service. If they are needed to perform the service, the service is needed by the City of Miami longer than six months. If it is not needed for six months, it's a job you created just to get federal dollars, which is wrong. Mr. Castaneda: Commissioner, the program was earmarked to help the City get back on their feet as a result of the hurricane. That is why the program is only six months. At the same time it was meant to deal with the high unemployment rate in the inner city and that's what we've been doing. 4 January 28, 1993 Commissioner Dawkins: Was this supposed to be a training program, Mr. _ Castaneda? Mr. Castaneda: Not this program. Mr. Hubson: Commissioner, the program is not six months. The employees Can only work six months. When those employees receive six months or $6,000, we = replace them with other employees. - Mr. Castaneda: The program ends in April. —_ Commissioner Plummer: But do they then go to unemployment? Mr. Hubson: No, what we do when they reach $5200, we then try to find them permanent jobs with the... Commissioner Plummer: And if you don't? _ Mr. Castaneda: Then they go to unemployment. Commissioner Plunmer: They go to unemployment... Mr. Hubson: That's right. Commissioner Plummer: ...compensation which we got to pay. Mr. Hubson: No, we don't have to pay it. Commissioner Plummer: Who pays it?. Mr. Hubson: The federal... Dade County, federal government. Commissioner Dawkins: We, as taxpayers, J.L. 4ommi3sioner r rummer: uaae county nas airTerent color aoliars than we do and federal have difference color dollars. Sir, are these employees that you presently have on or you assimilating some from another program? Mr. Castaneda: These are employees that are already here. What happened was that Metropolitan Dade County was operating the program. They have ceased operating the program and have... Commissioner Plummer: Why? You know why. Go ahead and tell me. Mr. Castaneda: T know why. Commissioner Plummer: Tell me. Put it on the record why. Mr. Castaneda: Well, it was a problem in the City of Opa-Locka in which it was some people that were not working. Commissioner Plummer: Now, let's go a step further. OK. They didn't want the program, why do we? 5 January 28, 1993 1i w<sc_ Mr. Castaneda: The reason that... Commissioner Plummer: Who is going to assume the liability? Mr. Castaneda: The reason we want the program... Commissioner Plummer: Who 1s going to assume the workmen's comp? Mr. Castaneda: No. Commissioner Plummer: No? Mr. Hubson: The workmen's comp is not going to be assumed by us. Commissioner Plummer: Who 1s it going to be assumed by? Mr. Hubson: Metropolitan Dade County. Mr. Castaneda: Metropolitan Dade County. Commissioner Plummer: And who is going to assume the liability for these people? Mayor Suarez: What liability? Commissioner Plummer: Liability of anything they might do to create a liable situation. Mr. Castaneda: Metropolitan Dade County. The big difference is that we're taking the responsibility to make sure these people are working and are alive and are at the job we say they would be doing. Commissioner Plummer: Frank, you know, if you cone up here to this podium and you're honest with me, I can deal with that pretty quick. But when you don't tell me that Dade County dropped this program and they didn't want it and that we are going to take 1t and ball them out and that's what it is. Mr. Castaneda: No, Commissioner, they dropped the employees that were not there. They have the program for employees working in the county facilities. They did not want to take responsibility for employees that were not in county facilities. Commissioner Plummer: Frank, you are well aware of a statement I've made around here for a long time. There is nothing more permanent at City Halt than something temporary. Now, my problem is Mr. Mayor, that when these $5200 or whatever else comes off of line, this Commission, politically, that those people are going to run up and try to get jobs and this Commission is going to be in the jackpot. I remember CETA (Comprehensive Employment and Training Act) so well. OK. Mr. Cesar Odio (City Manager): This is not on the City payroll. They're not a City employee. Commissioner Plummer: That's right. 17 6 January 28, 1993 Mr. Odio: They're not going to be sitting. -_- -- J5i l.�. Commissioner Plummer: But they are going to want this City because they're doing work in the City. They're going to want this City, "bail me out, I'm unemployed, I have to support my family," and they're going to pull on the heart strings. Now, if they were in the private sector, I think it's a great thing. _ Mr. Odio: Well, you took the opposite. You're putting some people to work that otherwise would not be working. They're doing some thing that are positive. They have cleaned the sidewalks in Liberty City. They have walked Eighth Street. They have gone all over the place, I mean, you know..." Commissioner Plummer: Mr. Manager, you can make a case either way. I'm just saying I'm very much concerned and six months from today we're going to see whether I was right or wrong. If this passes here today, in six months, how many of those people are going to be coming here wanting the City to hire them? It is like the part time employees that want it now. It's like the CETA employees who asked that they be employed afterward and had every right = to believe it. Mr. Odio: Well, I'll tell you what. Why don't you put down on there that we - won't hire them? Beginning now, make it a policy. Commissioner Plummer: Sir, we can't afford to hire them. We got too many "botellas" now. Mayor Suarez: Commissioner Dawkins. Conmissioner Dawkins: Mr. Manager, Mr. Castaneda and my fellow Commissioners. My concern is the same as voiced by Commissioner Plummer. I get calls everyday about people who have been allowed to think that they had entered back a I'm talking about black people - who are being allowed to think that they had entered back into the main stream by being given employment and allowed to produce food, clothing and shelter for their families, and in six months, it will be cut off and they ask me, "What am I supposed to do?" And I don't know. So, I don't understand why you don't take this money and forget about it and tell the federal government you need money to provide permanent employment for people. This stop gap money, it looks good when you get it. It doesn't do anything for black people but raise false hopes and somewhere along the lines, somebody needs to say to you and the federal government, °Quit fooling poor people, quit giving them false hope. Either help them or leave them alone." I have no further... nothing to say, Mr. Mayor. Mayor Suarez: All right. Thank you. Yes, Commissioner Alonso, Commissioner Alonso: Now different it is from the people we have working for the City of Miami right now and working only for six months? We have a group of people... Mr. Castaneda: It's the same people, same program. Commissioner ,Alonso: ...already working in a similar system. 7 January 28, 1993 Mr. Castaneda, It is the same people. There are no new people. It's the same program. What is happening is that the counselors used to be _- Metropolitan Dade County Counselors. They will be now counselors from the City of Miami. The Metropolitan Dade County, as Commissioner Plummer has said, does not want to take the responsibility for the program outside of their government. There is no change. Commissioner Alonso: So in effect, this program is already in effect in the City of Miami. Mr. Castaneda: Yes, it is, Commissioner. Commissioner Alonso: What happened to the people that were here for six months? Mr. Odio: We placed 40. Commissioner Alonso: How many do we have employed under this program? How many presently employed? Mr. Castaneda: We have 500. No? Mr. Hubson: Presently, there are still 633 people. As of today, we are going to be taking over 425. I mean, we are going to have counselors dealing with 425. The other portion of the 633 are going to be done by JESCA. They're still going to be working for the City but JESCA will have counselors that go around and pick up the time sheets and be responsible for those people. This is the way it was set up. Commissioner Alonso: When you hire these people, you explain to them it's going to be for this period of time? Mr. Hubson: They were fully... That was explained to them. Commissioner Alonso: Now, some of the people who already started and worked for six months or the total amount, whichever one comes first, what has happened to them? Mr. Hubson: Our counselors and job developers are constantly dealing with those people. As a matter of fact, we've already placed 40, I think it's 42 or 43 people in full time permanent jobs. We have 660 outside the City. We have 60 now that are going to be going into construction training that is supposed to start on February 15th. Commissioner Dawkins: Will the Commissioner yield, so I can go along those same lines? Commissioner Alonso: Of course. Commissioner Dawkins: How many jobs did you say it is? - 600 and what? Mr. Hubson: Presently, 633, 0 January 28, 1993 11 Commissioner Dawkins: Of those 633, how many are administrative? Mr. Hubson: None. Commissioner Dawkins: You don't call the counselors administrative Mr. Hubson: The counselors are not 1n the 633. They're not in the Commissioner Dawkins: Beg your pardon? Mr. Hubson: The counselors are not part of the participants. Commissioner Dawkins: what have you? The counselors do not get paid from the Mr. Hubson: The counselors get paid from the $1,000,000. Commissioner Dawkins: OK. So they're in the system. Mr. Hubson: OK. There are five counselors and one Senior counselo Commissioner Dawkins: For 633 people? Mr. Hubson: For 425 people. Commissioner Dawkins: So that a counselor for 100 people... Mr. Hubson: That's right. Well, yes, a little less. Commissioner Plummer: But the rules call for counselor for 50. Commissioner Dawkins: Of the million and what, how much of the million is taken by the City of Miami for administration? Mr. Hubson: Sixty thousand dollars. Commissioner Dawkins: Sixty thousand dollars goes to the City of Miami to administer a program where people are already performing work in the City that 1s already being done by other people. Thank you. Mayor Suarez: OK. Commissioner Dawkins: Thank you, Madam Commissioner. Mayor Suarez: On the item, anything further? We have a motion. Do we have a second? — = Commissioner Alonso: Who moved? Commissioner Dawkins: J.L. moved it because he does not want anybody to lose money. I'll second it. Commissioner Plummer: Wait, wait, wait. I wasn't even in the roam when it started. Now, how did I move it? 9 January 28, 1993 a.. Mayor Suarez: It was moved by Vice Mayor De Yurre, seconded by Commissioner _ Dawkins. Any discussion? If not, please read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "JTPA TITLE III TEMPORARY - "EMERGENCY" JOBS PROGRAM (PY-92) AND APPROPRIATING =_ $1,341,600 FOR SAID FUND FROM THE U.S. DEPARTMENT OF LABOR; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANTS AWARD AND ENTER INTO THE NECESSARY AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Vice Mayor De Yurre and seconded by Commissioner 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 Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Vice Mayor De Yurre and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11034. 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. COMMENTS MADE DURING ROLL CALL: 10 January 28, 1993 Commissioner Plummer: I'm going to vote yes, but I'm going to be around to remind some people. Commissioner Dawkins: I'll be reelected in 193, at the end of November and I'll remind you, too. 2. DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH THE NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES (NOBLE) -- FOR PROVISION OF TRAINING FOR POLICE DEPARTMENT. (ITEM WITHDRAWN BY ADMINISTRATION.) Mayor Suarez: Item 2. Authorizing the City Manager to execute a professional services agreement, in substantially NOBLE... Commissioner Plummer: Mr. Mayor, as you will recall, I asked this matter to be deferred... Mayor Suarez: Yes, sir. Commissioner Plummer: ...because I was concerned that a state mandate was supposed to be funded by the State or given us a source of revenue. When I Inquired as to what happened in this particular case, let me be very clear on the record from the Florida League of Cities, that it was the understanding of the legislature that this program would cost no money other than the time of the officer at such, getting the training. They did not under any circumstances expect a cost factor. Because of that reason, it was voted almost unanimously. There the question is, is where the figure of $300,000 came from. It is... also a question was asked by me which I could not answer that this was done in a previous year for an awful lot less money and I said, well if that is the case, how could the legislature begin to believe that this matter was not going to cost any money and give us a source of revenue? All I want to say on the record, because I did ask for the opportunity and time to investigate it, but that is what I found that it was fully within the legislators' understanding that this program would cost nothing more than the officer's time as he was taking this training. Mayor Suarez: Mr. Cotera. Mr. Al Cotera: Yes, sir, Mr. Mayor, Commissioners. I sent you a letter December 22, 1992. I still stand by that position on that letter. I have -j yet... And I have requested from the department all the documentation they gotten from all the bidders. I have all the documentation and it spelled out in that letter of December 22nd, I have yet to see a proposal from NOBLE to i the tune of $300,000 or even $100,000. I don't have that and they don't have that. I also picked up this tittle book that says how to do business with the City of Miami and this is for the vendors. And the first thing it says, "How =; the City buys," that's on page 7. Number one, purchases of up to $1,000, telephone quotes are obtained from at least three suppliers. That's the information that was given to me by the person... 11 January 28, 1993 w Mayor Suarez: Mr. Cotera, with all due respect, you are the head of one of our principle unions, one that we almost always go along with. You would think that your questions of the Commission would be based not only on the little booklet, but on the City Charter and Code which have a whole different — way of dealing with professional contracts than with simple purchases. Is = this not a professional contractor? _ Mr. Cotera: There's no RFP (request for proposals) or Letter of Intent. Mayor Suarez: But you're reading from a pamphlet. You're not reading from a code or charter. You've got great attorneys. They sue us all the time. You would think that they would help you a little bit with the charter and code. I presume we are going here under professional services contract. Are we = not? - Yes. _ Commissioner Plummer: Was it bid? Mayor Suarez: You're reading a provision that has to do with purchases of goods. We go by sealed bids, et cetera. This is a professional services contract. Mr. Cotera: I realize that, Mr. Mayor. Mr. Mayor, there was no RFP involved. Mayor Suarez: OK. Were there any bidding process at all? Anything resembling, you know, a request to propose... Lt. Joseph Longueira: Sir, this was a competitive negotiation. Mayor Suarez: OK. How many people participated in that? How many entities participated in that? Lt. Longueira: Six, sir. Mayor Suarez: OK. Could you read those into the record? Commissioner Plummer: And also the prices quoted. Lt. Longueira: One is called Copra. Commissioner Plummer: And the price? Lt. Longueira: $154,500. The next one is Diversity Training Series - $149,000. Bridging the Gap - $3900 per session. I have to figure that out. The Past Project - $4,000 per session. Managing Diversity in a Multi -cultural Environment - $40,000. Commissioner Plummer: Wait, wait. Was that for a total price of $40,000? Lt. Longueira: Those are for the... =j - Commissioner Plummer: You're getting me confused, also. Is it per session? Lt. Longueira: That's $40,000 for one year, she's saying. So, it would be $120,000 over three, right? i2 January 28, 1993 Major Gwendolyn Boyd: Yes. Lt. Longueira: OK. Then NOBLE... Commissioner Plo ner: That was $300,000 for three years? For three years? $100,000 a year. Is that correct? Lt. Longueira: Right. Right. Those are the... Commissioner Plummer: May I ask a question? Lt. Longueira: ...different organizations. Commissioner Plummer: It's my understanding, Joe, that this is a state mandate for all certified police officers. Lt. Longueira: Yes, sir. Commissioner Plumper: OK. Mr. Cotera: No, sir. Not the entire course. There's only a sixteen hour portion of the course that is state mandated. Lt. Longueira: Right. Mr. Cotera: So, don't say yes, sir, as a blanket statement. Commissioner Plummer: OK. The point I'm trying to make is, is that, I don't know, what have we got in this town? Five thousand sworn officers total in -_ Dade County. Lt. Longueira: In Dade? Commissioner Plummer: Yeah. Now, why isn't someone like Dade Junior doing it? Mr. Cotera: I'll answer it. Commissioner Plummer: No, I asked him. Thank you. Mayor Suarez: And would the union president refer all his comments to the chair and the Commission and not admonish directly the other speakers? Lt. Longueira: Dade Junior was one of the proposals, right? Major Boyd: Yes. Lt. Longueira: They were one of the proposals under the name... Commissioner Plummer: And how much was there a name there that was other than Dade Junior that they go by? 13 January 28, 1993 TN Lt. Longueira: Managing Diversity in a Multi -cultural Environment, that was submitt#A by trade Junior College Justice and Safety administration and that was $120,000 over the three years. Commissioner Pluimier: So it's $40,000 per year? Lt, Longueira: For two-day? Major Boyd: Two-day training over one year period - $40,000. Lt. Longueira: $40,000 for two... Commissioner Plummer: Per year. Lt. Longueira: Right. For two-day training over a one year period. Commissioner Plummer: I mean, two-day training. Are we talking about $40,000 as opposed to $100,000? Is that was we're talking about? Lt. Longueira: Excuse me, Commissioner. ghat was the question? Commissioner Plummer: My question is, are we talking about $40,000 for Dade Junior as opposed to $100,000 for this other group? Is that what we're looking at realistically? Mr. Cesar Odio (City Manager): Let me... Can I do something, please? Commissioner Plummer: As soon as I get my answer. Mr. Odio: I would like to withdraw this item and bring it back after we meet with the FOP and see what... Commissioner Plummer: OK. I will agree with that... Commissioner Alonso: Before you do, I would like to ask some questions as well. Commissioner Plummer: All right. Can I get my answer now? Lt. Longueira: Yes. Commissioner Plummer: Is it the fact that we're looking at $40,000 as opposed to $100,000? Major Boyd: Let me try to explain this to you. Miami -Dade was going to subcontract this training out to the Anti -Defamation League. We met with Miami -Dade and explained our needs. NOBLE conducted a needs assessment to determine the problems within the department and the community. Their $300,000 is based on three years, a four -day training session. Commissioner Plummer: My answer again to you is this $40,000. I assume both meet the state requirements. Is this $40,000 as opposed to $100,000? Lt. Longueira: Yes, but the length of the programs are not the same. 14 January 28, 1993 Commissioner Plummer: OK. But both programs meet the criteria of the state, the mandate of the state? Lt. Longueira: Right. Commissioner Plummer: So, what we're talking about.., Lt. Longueira: But not necessarily submit the best program to the department. Commissioner Plummer: Joe, please, my questions are so simple, How do I get such complicated answers... Dade'; $40,000 submitted by Dade Junior sub out to whoever, local people I'm assuming, meet the criteria of the mandate of the State of Florida of this program. Am I correct 1n stating that? Major Boyd: That is correct. Commissioner Plummer: OK. Major Boyd: And it's also a canned program not based on need assessment of the police department and the community. Commissioner Plummer: So, what we're talking about then is $180,000 more to use this other group. Was there any effort made on your behalf to ask Dade Junior to do a four -day program? Major Boyd: We met with Miami -Dade and asked them to come up with what they would recommend to our department based on our needs for addressing multi- cultural and multi -ethnic diversity within the City of Miami. Commissioner Plummer: Did you express to them that your needs were a four -day program? Major Boyd: No, we asked them to come up with the recommendation as we did with all of the vendors and this is what the vendors recommended. Commissioner Plummer: Is Dade County... Metropolitan Dade County using what program? Major Boyd: They're using one that is being coordinated by NOBLE and it is a two-day training program. Commissioner Plummer: OK. Mr. Mayor, I'm the people who like to do business with home people and I would hope in this deferment that you would go back to Metropolitan Dade County and ask them... no, you tell them your needs and see what their price is because I would just like to have local people doing local work. Instead of my dollars going out of this community - $300,000 or $120,000, I would like to return my money within my community. I'm hoping you would do that in the deferment. All right. Major Boyd: Sir, NOBLE has already interviewed some local consultants. That is one of our requirements for them to also utilize local consultants. They have used, I can throw out the names to you if you like. Mr. Lloyd Major... 15 January 28, 1993 Commissioner Piurriner: Why don't you do it in the deferment. You can make it available to me. Mayor Suarez: Yeah. If we defer action on the item, it's appropriate to do it. Commissioner Alonso: I have some questions. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: The rest of the groups, the ones that you mentioned before - 100 and some... The first one was 100 and... Major Boyd: One hundred fifty-four thousand five hundred dollars. Commissioner Alonso: OK. Those how many days? Major Boyd: Two sessions per month for 17 months so that... Lt. Longueira: Now many days in that session? Five days. Major Boyd: It's a five-day training session. Commissioner Alonso: Five days. Major Boyd: Yes. Commissioner Alonso: So the difference that we have seen is because it varies the number of days and the extent of the program as well. Lt. Longueira: It is their recommendation to the solution to the problem. That is what we asked for. Come up with the solution. Recommend to us how you would do it. Miami -Dade said two days. We're not happy with the two-day program. NOBLE said four days. We're happier with what they're offering. We think that that meets all of our needs for the department. Major Boyd: And Commissioner, if I can add something else too before... When we first received these proposals, before NOBLE submitted a proposal of the type of training they would conduct, they recommended before trying to design any type of training program that they needed to do a needs assessment. So, the program which they have presented to us is based on a needs assessment from department's problems and the community. They met with various members of the Police Department and various members within the community and after that they came up with this particular training program. Mayor Suarez: All right. Major Boyd: Thank you. Mayor Suarez: Let's proceed. We have got a lot of items and this is obviously going,.. looks like it's going to be deferred. We have a motion and a second. Any discussions? Chair takes the opportunity to recognize the former director of Dade County Corrections, Frank Crawford. Good to have you, director. Call the roil on the item. 16 January 28, 1993 Ms. Matty Hirai (City Clerk): We do not have a motion, Mr. Mayor, I'm sorry. Mayor Suarez: I'm sorry, I thought we did. Commissioner Dawkins: Motion to continue. Mayor Suarez: Defer. Commissioner Dawkins: Defer. Commissioner Plummer: He withdrew it. Commissioner Aionso: He withdrew the item. Commissioner Dawkins: He withdrew. OK. Mr. Mayor, I would also like to recognize the presence of Mrs. Johnnie Mae McMillan, president of the NAACP =_ (National Association for the Advancement of Colored People). Mayor Suarez: Mrs. McMillian. Anything... Do we have an item then or you withdraw? What are you withdrawing? Mr. Odio: Item 2 has been withdrawn. Mayor Suarez: It was withdrawn. It wasn't a motion to defer. ---------------------------------------------------------- MOTE FOR THE RECORD: At this point, Commissioner Dawkins recognizes We- presence of Ms. Johnnie McMillan, President of Dade County Branch of NAACP. ---------------------------------------------------------- 3. DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE PURCHASE OF TWO MARINE PATROL VESSELS. Mayor Suarez: Item 3. Thank you. Commissioner Plummer: Mr. Mayor, I going to move to deny. The reason for it, at this particular time there are six sworn officers involved in that _ activity. I don't think the people of this community are worried about the _ boats out there in the water as they are the crime on the streets of this community. And as far as I'm concerned, once we get the crime on the streets takon care of and they want to go back out and check out there in the water, that's fine. But at this particular time, this is almost $100,000 which is = not my important criteria as it is to get - are there six or eight in the Marine Patrol? Asst. Chief Raul Martinez: Six officers. 17 January 28, 1993 {s?;yi 4irY1 a Commissioner Plummer: Six officers back out on the streets of this community which I think they are sorely needed. For that reason, Mr. Mayor, I move for denial, Mayor Suarez: So moved. You had me at one point just about convinced of that, but I been thinking and talking to the officers. A lot of time the Law Enforcement functions you have the water interfacing with the solid land, I mean, you have a situation where they have to be able to be out on a boat because a crime that 1s taking place or an investigation that is taking place leads us right to the water's edge. You would hate to have no presence out there. One example - it was riot a crime as much as monitoring activities, but you carried 1t out very well - was that broadcast over at ... telecast of the TODAY's was done from the Marine Stadium and we had our marine patrol out there keeping an eye on things. It's a minimal presence, Commissioner. Where do the funds come from by the way? Do I... Lt. Longueira: Law Enforcement. Asst. Chief Martinez: Law Enforcement Trust Fund. Mayor Suarez: I was hoping you would say that. Commissioner Plummer: Mr. Mayor, please understand me. It is not the funds that I am concerned about. Mayor Suarez: It's the whole unit. Commissioner Plummer: It's the six policemen that I think that are sorely needed. May I also then go one step further, sir, and to tell you you have the Florida Marine Patrol, you have the Coast Guards, you have the Aviation Department, which serve much better then the Marine Patrol in my estimation because they have more of a rapid response. But, sir, my concern is putting six of the officers back out on the street. Asst. Chief Martinez: Mr. Mayor, if I may address this, we have a lot of miles in the City of Miami of coast and rivers that we are responsible by law to enforce the law in those waterways. It is very important, Miami being one of the so-called entryways for drugs into this country, that we've got to have methods to interdict those drugs as they enter this country. We are also one of the capitals for stolen boats and there are officers also who specialize in those type of investigations. True, Florida Marine Patrol have boats and they have their own priorities. They're from Key West all the way to... all the waterway through the State. True, the County has their own Marine Patrol with their own priorities, but we have to be able to address what the City feels is important. They were used very well during the hurricane about protection for the docks out here. You know, to keep people out and keep people who were trying to come in and steal stuff on the boats that had sunk. So, there are very important functions to this Police Department and we have to equip them with the right equipment so they can go out there and perform their function. Commissioner Plummer: Mr. Mayor, I find it extremely difficult to believe that we're going to fight the drug war with two outboard boats. Second of all, Mr. Mayor, I think I will challenge him on the statement. We are not responsible for guarding the coast. It is Metropolitan Dade County who is 18 January 28, 1993 charged with that responsibility. Sir, I woula tell you if you go to the record, half of the time when they ask if the boats are in the water, the answer is no. OK. And the reason for it is that they're not out there when it is necessary and they call the Marine Patrol and the Marine Patrol responds from the Florida Marine Patrol and also from the Coast Guard. I'm not saying that these people don't do a good job. Please don't misunderstand me. I'm saying as a matter of priority, they are needed on the streets. Now you take it from there. Asst. Chief Martinez: If I may correct. Commissioner Plummer, you're correct. Half the time they are not out on the water and the reason is the boats are down. They do not have the mode of transportation to get out there and do what we hired them to do. Mayor Suarez: 0o we carry out any functions related to the waterways right adjacent to the City? I think the bay bottom is ours up to a distance. And if so, then the estuary I guess, the area of the lagoon almost 1n front of my law building, which is the Barnett Tower, is our jurisdiction. Do we carry out any functions related to people violating laws related to pollution, et cetera? Because I... I mean, if we found a perpetration of a crime right in front of our eyes, you know, even though it is not a crime against the person, it a crime against the environment. Would that be something that we might pursue if we had boats in the vicinity? Asst. Chief Martinez: Sure and also the safety violations and water borne violations. Mayor Suarez: Safety also. If they are going over miles per hour, I think there is the limit. Asst. Chief Martinez: Yes, sir. Mayor Suarez: Let me tell you, I called one time because there was a boat just leaving a trail of petroleum oil in front of my building and it was impossible to reach anyone that would even have the slightest idea of who to send out there. One of the things that you might want to be sure you have, is communication with the other Florida Marine Patrol and the County. And effective communication, because if they use those boat radios that you typically see when people have boats... I have never, seen anything so ineffective to communicate. I mean, I don't know what system they use but... Asst. Chief Martinez: Mr. Mayor, we have a task force that all the marine patrols from all the waterways are tied up into the same radio. Mayor Suarez: What equipment do they use? What kind of communications? Asst. Chief Martinez: The communication subscribed by U.S. Customs. So, we can have a general mode that we all can communicate on the same airways. Commissioner Plummer: You can't get a policeman to respond from 30 to 40 minutes for burglar alarm or my Commissioner who is in trouble. But you got them out on the water. I don't understand. Lt. Longueira: Sir, if I can give you some of the... 19 January 28, 1993 gz gal Commissioner Plummer: It's just like, you know, Mr. Mayor, I don't want anybody to walk away here thinking that I don't think that they do a good job. They do. But where is the priority? The mounted, you know... Mayor Suarez: What you are arguing is that it is not cost-effective to have such a minute unit and minute presence out there. That it would be better... Commissioner Plummer: That's only the start. How many people do you have in the mounted patrol? Asst. Chief Martinez: I think we have 13 officers and one sergeant. f Commissioner Plummer: 18? = Asst. Chief Martinez: Thirteen I think, Commissioner Plummer: Thirteen. Basically, the mounted patrol do, what? Asst. Chief Martinez: They provide high visibility in areas where there are a lot of people. Commissioner Plummer: High, because they're up this high. Asst. Chief Martinez: No, no. High visibility because bad guys and good guys know where the policeman is at if they need help. They know exactly who to call. Commissioner Plummer: Primarily, they write tickets in the parking violations. Asst. Chief Martinez: And at the same time... Commissioner Plummer: I haven't seen a parking meter yet stick a gun in anybody's face or kill someone. Asst. Chief Martinez: At the same time, Commissioner... Commissioner Plummer: Mr. Mayor, you know, they do a good job, don't get me wrong, but somewhere along the line we've got to set priorities. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I hear J.L. at every Commission meeting express the desire that there should be better deployment of man power. How many men are -- assigned to the detail that is run by Lt. Brooks? = Asst. Chief Martinez: Lt. Brooks is in charge of two details, street narcotics and task force. There are approximately 38 to 41 officers. Commissioner Dawkins: Thirty-eight to 41. Asst. Chief Martinez: Yes, sir. 20 January 28, 1993 r Commissioner Dawkins: I'll round that off to 39. Asst. Chief Martinez: Yes, police officers and about six or seven sergeants. Commissioner Plummer: My colleague. Commissioner Dawkins: Yes, go right ahead, sir. Commissioner Plummer: Excuse me. Get the full answer. That is how many that they use when they're... Commissioner Dawkins: I'm getting ready... Commissioner Plummer: ...not doing a sting operation. -- Commissioner Dawkins: I'm getting around to that. Now, how many... Commissioner Plummer: Because when they do a sting operation, it's over a hundred. Commissioner Dawkins: That's all right. I'll get to that. You said 39 and what else? Asst. Chief Martinez: And about six or seven sergeants, sir. Commissioner Dawkins: Six or seven what? Asst. Chief Martinez: Six or seven supervisors, sergeants. Commissioner Dawkins: Six supervisors. Asst. Chief Martinez: Yes, sir. Commissioner Dawkins: Six sergeants. Any captains or majors along with those six? Asst. Chief Martinez: No, sir. Just Lt. Brooks. Commissioner Dawkins: Lt. Brooks. So that's 45 persons. Now, when Lt. Brooks needs other men, what's the total he can pull? Is every unit supposed to provide what he needs? Is that departmental policy? Asst. Chief Martinez: Commissioner, when we have a special operation that the department wants to do, then every unit sometimes contributes personnel to that special operation. Commissioner Dawkins: So, what would you estimate that on a special detail, the number of personnel would be involved? Asst. Chief Martinez: It depends on the size of the detail. It can go from a small that he can handle indoors, or it can go as high as Commissioner Plummer talked. We have probably done one or two that... Commissioner Dawkins: What is the average, Chief? Give me an average. 21 January 28, 1993 0 ;ate° r Asst. Chief Martinez: It is hard to say, but I'll put it in the area of 40 to 50 officers. Most of the operations are smaller. We used to have real big stings. We don't do those any more. Commissioner Dawkins: Are you saying that he's entitled to pull 40 additional officers to the 45 that he has? Asst. Chief Martinez: No, sir. No, sir. I'm not saying that. Commissioner Dawkins: What are you saying then? Asst. Chief Martinez: I'm saying probably total staffing for the average operation nowadays 1s between 40 and 50 officers, inclusive of his own officers. Commissioner Dawkins: Inclusive? Asst. Chief Martinez: Yes, sir. He may not use some of his... Commissioner Dawkins: Tell me in plain English. He has 45 people assigned to him. Asst. Chief Martinez: But he may not use all of his officers for that special operation. He may borrow some officers from another unit because they have that expertise. Commissioner Dawkins: All right. Then what do the other offices assigned to him - what are they doing? Asst. Chief Martinez: Sometimes they do traffic stops, sometimes they tow away cars.., Commissioner Dawkins: Why would they do traffic stops when... OK. Never mind that. OK. Asst. Chief Martinez: Don't forget John Brooks' officers are primarily undercover police officers. Commissioner Dawkins: Lt. Brooks has 45 people, is that correct? Asst. Chief Martinez: Roughly, yes, sir. Commissioner Dawkins: All right, now. Lt. Christmas, with the POP (Push out the Drug Pushers) operation in Liberty City, at the Liberty City Drug Flea Market, how many people has he got assigned to him? Asst. Chief Martinez: I believe he has six officers, sir. Commissioner Dawkins: Six officers! OK. How many can he call when he needs them? Asst. Chief Martinez: Likewise, the same amount of number. 22 January 28, 1993 Commissioner Dawkins: Beg your pardon? Asst. Chief Martinez: Likewise, the same number that Lt. Brooks would be able to pull. Commissioner Dawkins: No way in... Come on, no. Don't pull my leg. Asst. Chief Martinez: I'm not pulling your leg, sir. If there's a special - operation on the North end which is in the POP area that we do a lot, we put a lot... especially when we talking about 100 officers. That is possibly the area where we have put in the past a hundred officers. Commissioner Dawkins: We have drugs being sold. I have people sitting on milk crates all day long selling drugs. OK. I have people out there who are scared to walk in the streets and you've got six people assigned to the whole Liberty City area. - Asst. Chief Martinez: No, sir. To the POP area. — Commissioner Dawkins: To the POP... Well, what? All right. What is Lt. Brooks' unit? Asst. Chief Martinez: Citywide. Commissioner Dawkins: What is the unit? Asst. Chief Martinez: It's called the Street Narcotics Unit. Commissioner Dawkins: Beg your pardon? Asst. Chief Martinez: Street Narcotics Unit. Commissioner Dawkins: Street Narcotics Unit, OK. Is 51st in Liberty City a street? Asst. Chief Martinez: Yes, sir. Commissioner Dawkins: Is a thing sold out there in an uncontrollable substance called narcotics? Asst. Chief Martinez: Yes, sir. Commissioner Dawkins: Therefore, that is street narcotics. Asst. Chief Martinez: Yes, sir. And Lt. Brooks... Commissioner Dawkins: And therefore, Lt. Brooks should be assisting. Asst. Chief Martinez: And he is. Commissioner Dawkins: No, he... Well, why is it I never have but my six officers? 23 January 28, 1993 t- n Asst. Chief Martinez: No, six officers are permanently assigned to that area. Lt. Brooks goes to every area of the City. Commissioner Dawkins: Tell you what, Mr. Manager, table this until 5:30. At 5:30 be able to present me with the total number of men assigned as of 4:00 o'clock to the POP operation in Liberty City. OK. Mayor Suarez: Commissioner's request that the item be tabled until 5:30. Unless anybody has any objections, we'll table the item. Commissioner Plummer: Wait, wait, I would like to ask something. I would like to know when the last sting operation was done in Coconut Grove. It has been over 4 months. Lt. Longueira: Commissioner, part of that is the result of the hurricane. A lot of our officers were burned out. Mayor Suarez: He asked a question that is susceptible to being answered by a date. When? You're giving the philosophy, the history and the narrative, Lieutenant, which is great, but we also have... Lt. Longueira: Since then, there has not been any, as far as I know. Commissioner Plummer: There has been. That's the point I want to bring out. Mayor Suarez: ...tabled the item. Commissioner Plummer: There have been three sting operations on Douglas Road and they were all done by Metropolitan Dade County, which to me is an insult to the City. Commissioner Dawkins: ©K. Take it a step further, J.L. If the POP operation is assigned to Liberty City, what operation is assigned to Coconut Grove where they're selling drugs? Commissioner Plummer: Only regular patrols, on a regular basis. That's it. Mayor Suarez: Chief, as you prepare the answers for the item that is being tabled at this point, would you also give, if you have handy, the information on what modifications, if any, we have made to the Coconut Grove commercial district Friday, Saturday and Sunday night detail and if any of that involves overtime. I still see more people deployed out there than may be warranted. Commissioner Plummer: Excuse me, Mr. Mayor. It is all overtime. Mayor Suarez: Right. Commissioner Plummer: It is time and a half. Mayor Suarez: Right. If it's 100 percent... Commissioner Plummer: It is 100 percent. 24 January 28, 1993 _ Mayor Suarez: ...overtime, then so reflect but I just want to know how many and if you have made some modifications. Commissioner Dawkins: I'm trying not to do this. Commissioner Plummer: It is $500,000 a year. _-- Commissioner Dawkins: How many men are assigned... Commissioner Plummer: It's because of us. Yes, call it like it is. Commissioner Dawkins: ...to Coconut Grove Friday and Saturday nights? J.L., wait a minute. How many men are assigned to... Mayor Suarez: They will provide that. Commissioner Dawkins: I said that and J.L. keep going so, hey, just wait a minute, give me a break now... Mayor Suarez: Please. We are giving them things to get for us because you asked for the item to be tabled. Commissioner Dawkins: All right. How many men are assigned to protect the businesses in Coconut Grove on Friday and Saturday and paid overtime? How many men? Mayor Suarez: That is the precise question that I asked them to have ready... Mr. Cesar Odio (City Manager): Fourteen. Fourteen. Commissioner Dawkins: How many men? Mr. Odio: Fourteen. Commissioner Dawkins: Fourteen? Mr. Odio: Yes. Commissioner Dawkins: Fourteen - Friday and Saturday. OK. How many are - assigned to 61st and 62nd Streets from 17th and 12th Avenues on Friday and Saturday nights and paid overtime? Mr. Odio: Additional? - Zero. Commissioner Dawkins: Thank you. Mayor Suarez: All right. I guess we don't have to get that answer at that point. Item has been tabled, otherwise... [AT THIS POINT, THIS ITEM WAS TABLED.] - 25 January 28, 1993 4. El APPROVE FUNDING OF THE "DO THE. RIGHT THING" PROGRAM -- ALLO FROM LAW ENFORCEMENT TRUST FUND. Commissioner Plummer: Move Item 4. Mayor Suarez: Item 4, Do the Right Thing funding. Trust Fund) I gather. Did you move it, Commissioner? Commissioner Aionso: Yes. Mayor Suarez: Moved. Do we have a second? Commissioner Plummer: I moved it. LETF (Law E Mayor Suarez: Seconded then. Call the roil on the item. The following resolution was introduced by Commissioner Pit moved its adoption: RESOLUTION NO. 93-58 A RESOLUTION APPROVING THE FUNDING OF THE "DO THE RIGHT THING" PROGRAM AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $148,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS HAVING BEEN APPROVED BY THE CHIEF OF POLICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: Reluctantly yes. I still have not gotten the $150,000 that I need yet from the Law Enforcement Trust Fund. I vote yes. 26 January 28, 1993 zit ------------------------------------------------------------------------ 5. ACCEPT PLAT: VILLAS DE VIZCAYA. ---------------------------------------------------------------------------_- - - Commissioner Plummer: Move 5. Mayor Suarez: 5 moved. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Any discussions? If not, call the roll on item 5. The following resolution was introduced by Commissioner Plummer, who = moved its adoption: RESOLUTION NO. 93-59 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "VILLAS DE VIZCAYA", A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT 'A' ATTACHED HERETO, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Al onso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Vice Mayor Victor De Yurre 2? January 28, 1993 -a 6. DISCUSSION CONCERNING PROBLEMS AT PARKING METERS IN THE MEDIAN BETWEEN S.E. 1 STREET AND N.E. 6 STREET ON BISCAYNE BOULEVARD INVOLVING —_ INDIVIDUALS OFFERING TO "PROTECT" PARKED CARS FOR A FEE -- DIRECT -' ADMINISTRATION TO SCHEDULE FOR NEXT COMMISSION MEETING. ------------------------------------------------ ------------------------------ Mayor Suarez: Item 6. Commissioner Plummer: Mr. Clark. Mayor Suarez: Problems at parking meters in the median between SE 1st Street and NE 6th Street on Biscayne Boulevard. How are we going to deal... Commissioner Plummer: Besides $100,000 for Wackenhut, what are you doing about it? Mr. Clark Cook: First, Commissioner, we are riot spending $100,000 for Wackenhut. Certainly, not at this time. What we... the City of Miami police had a number of plain clothes officers out there the week starting January filth and made a number of arrests in that area. The area was fairly clear toward the end of the week, but we noticed last week that they were right back out there. Commissioner Plummer: Just as many as it ever was before. Mr. Cook: That's correct. We went back. We met with the police after they did that, had made that investigation, and see how serious the problem was... Commissioner Plummer: Excuse me. When you noticed that, did you call the police to come back and do something about it? Mr. Clark: No, I did not. I only saw ne person out there. I stopped my car and asked the gentleman to leave and he left. That was yesterday if my _ memory... No, I did not have a gun. Commissioner Plummer: You weren't looking very well. Were you in the evening? -` Mr. Cook: No, it was 12:00 o'clock at noon. Commissioner Plummer: I beg you go down around 7:30. Mr. Cook: I... not... Commissioner Plummer: Especially if there is an event in the park. Mr. Cook: Yes. I do want to remind the Commission at night on Friday, Saturday and Sunday nights we have some security there. We have... Miami Parking... because we are doing... have some of our tellers... cashiers taking up money instead of people putting in the parking meters so we do have some security there at that time. Outside of that time, there is no security 28 January 28, 1993 there. But we went back after the police investigation and made a. decision to hold a meeting with the Downtown Businessmen Association, DBA. The meeting is scheduled for the 4th... Commissioner Plummer: for what reason, Clark? Mr. Cook: To discuss exactly... Commissioner Plummer: The problem 1s the guys down there selling protection. _= What do you need to meet with the merchants for? Are they going to go down there and run them off? Mr. Cook: No, they're not. They're not going down there. Commissioner Plummer: Well, who is? Mr. Cook: They're going to meet with the police and the police will give them a report of exactly what they found... Commissioner Plummer: We don't need reports. We need action. Mr. Cook: The police will then take that group... Commissioner Plummer: Wait, wait a minute. Excuse me. Am I crazy? Do we know that there is a problem? Commissioner Dawkins: Yes. Mr. Cook: Yes, we know that there's a problem and it's a serious problem. Commissioner Plummer: You're going to meet with the merchant association and the associated people downtown to get a report. A report of what? That there's a problem? We know that. I don't need a report. I need some people to go down and say to the people... tourists who are petrified when a guy walks up to their car and says I'm selling you a parking space. I will protect your car. I don't need anybody to report to me on that. Mr. Cesar Odio (City Manager): They used to do that in Havana. Commissioner Plummer: Well, that's Havana and that's why you're here. OK. Clark, why in God's name do you need to have a report? Mr. Cook: Commissioner... Commissioner Plummer: I'm asking that the people who are absolutely petrified, that they be given some comfort. I don't need reports. Mr. Cook: Commissioner, I recognize that you don't need reports on the area. I think the businessmen down there and the merchants need to know what the City of Miami police has done. That is all that committee is going to accomplish. The decision has to be made how much police protection to put down there. 29 January 28, 1993 Commissioner Plummer: Clark, Mr. Manager, you know the problem. I assume it's a police matter. Mr. Manager, I'm looking to you and holding you responsible, sir, since Mr. Cook wants to meet with people instead of doing something about the problem, my good friend Clark Cook, that I'm going to hold you responsible, sir. That's in the City of Miami. You say to me that it's a police activity so I have to look to you, sir. You're my Manager. Asst. Chief Raul Martinez: Mr. Commissioner, Mr. Cook, we have taken steps ever since this came... Commissioner Plummer: You know I'm going to be down there every night. Asst. Chief Martinez: I know that. Can I finish my answer, please? Commissioner Plummer: Surely, sir. I'm sorry. Asst. Chief Martinez: We have expanded our beats in that area to cover that parking lot, those parking areas, the strip in the boulevard. The officers have been instructed for strict enforcement because it a problem. I see it. I go into the area too and they approach me too and try to put money in the meter for me and I do whatever I have to do. Commissioner Plummer: They run up to that meter before you get out of the car. Asst. Chief Martinez: So, the officers are patrolling that area. We did it initially for undercover officers. We are doing it now with the normal patrol officers that patrol that area, the normal beat officers that patrol that area, and the officers from Bayside that are right across the street from where that is occurring. Commissioner Plummer: Mr. Manager, will you schedule this item for the next agenda, please? Mr. Odio: Yes. Commissioner Plummer: Thank you. Thank you, Mr. Mayor. Mayor Suarez: Thank you. 30 January 28, 1993 7. BRIEF DISCUSSION CONCERNING THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FUND -- DIRECT ADMINISTRATION TO SCHEDULE FOR NEXT COMMISSION MEETING. ------------------------------------------------------------------------------ Mayor Suarez: Item 7. Commissioner Plummer: Mr. Mayor, all I was asking for and I have been given at this particular time that this matter is an ongoing scenario. I will accept that and I will accept the report that will be forthcoming in the very, very near future as to my concerns and I thank you for scheduling it. I would ask that it be scheduled for the last meeting in February, Mr. Manager. At that time, hopefully, I will be given some answers. Mayor Suarez: Very good. Commissioner Plummer: Thank you, sir. 8. DISCUSSION CONCERNING POLICE VEHICULAR PURSUIT -- DEFER TO NEXT MEETING. Mayor Suarez: Item 8. Commissioner Plummer: Mr. Mayor, I will ask at this particular time that this matter be deferred until the next meeting for this reason. I think the Chief has had every opportunity. I am told that the Chief did not finalize his full report until last evening. It was placed on my desk this morning. I have not had the time to read it nor have any of my colleagues. But I would ask that we give the courtesy to the Chief of being able to read his report before we take any action. I just want to make, for the record, that there are more wrecked cars there in the motor pool as I went through there today at lunch than there was two week ago and I want to correct... Commissioner Dawkins: If I second your motion, would you let it go at that? Commissioner Plummer: Excuse me? And I also want to make for the record that I was told in the last Commission meeting that there were no wrecks relative to pursuits and the record needs corrections. There have been 12 this year... I'm sorry, in 192 and the City of Miami has paid out in claims to settle lawsuits of accidents over $800,000. I think that if you walk through the motor pool and see what is there of over 100 wrecked automobiles and know that this City has paid out in excess of $800,000. There cries out that a policy is needed. Commissioner Dawkins: I second the motion. Mayor Suarez: All right. Moved and seconded. Any discussions? If not, please call the roll. 31 January 28, 1993 9 THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ITEM 8 WAS DEFERRED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 9. REQUEST BY CHARLES H. GRAY THAT THE LATERAL VASCULAR RESTRAINT USED BY POLICE BE COMPLETELY ELIMINATED. Mayor Suarez: Item 9. Mr. Cesar Odio (City Manager): Reverend Cash is supposed to be here, I believe, from PULSE. Mayor Suarez: Have a representative of PULSE that would like to make a presentation? Mr. Charles H. Gray: Yes. The name is Charles Gray. I'm one of the board members of PULSE. Mayor Suarez: Charles, you are aware of what determinations have been made already, at least on a temporary basis, by the department? Mr. Gray: Yes, we are. Mayor Suarez: OK. Mr. Gray: We are proposing that the choke hold be disbanded completely. Mayor Suarez: Altogether, even in cases of deadly force having to be used? Mr. Gray: Yes. We feel any excuse to say, I was threatened, my life was threatened, is very easily said. That is just an easy out. We feel that the number of major cities that have disbanded its use completely should be looked at carefully by the City of Miami. These cities are... have been successful as a result of the ban and I believe that since we temporarily banned it here in Dade County, we haven't had any problem whatsoever for a year. Perhaps, maybe if we can go for a year without it, we should be able to go for 100 years without it. 32 January 28, 1993 Mayor Suarez: The logic of saying that we are going to reserve the use for the possibility of a situation we have to use deadly force is that there may be situations in which rather than use a weapon, specifically, the gun, that it might make more sense to use the hold. Knowing that it might lead to the kind of situations that we have seen that cause deadly harm to individuals or near deadly harm. Would that not make sense to leave that possibility just in case a police officer instead of having to shoot somebody thinks they can restrain them, someone that would otherwise have to be shot? Mr. Gray: If a person has one deadly weapon, why should he need two? Mayor Suarez: Because sometimes that the... Well, the first hope, of course, is that... Mr. Manager, please. The first hope is that ,you won't have to actually take the life of the person that the choke hold or lateral vascular restraint, I guess, will have the required effect without ultimately leading to the death of the person. The second one may be in a situation where the police are simply not able to get to the weapon and that is the last resort that they have. Mr. Gray: Well, when the choke hold is just as deadly as the weapon and there have been many ones that have been shot with the weapon and didn't die either. Mayor Suarez: I see what you are saying. Mr. Gray: So the choke hold would leave a person in a coma. Even if he's not dead, he might as well be because he's in a coma, he's not functional, he can't enjoy life. Commissioner Plummer: But how do you make the determination if an officer is of the feeling that his life is at stake and he's going do anything short of shooting the individual to survive. I mean, how,.. Mr. Gray: If he feels he is that threatened, why not use the gun? At least by the time he pulls it out, he might take a second chance. But he figures... Commissioner Plummer: Well, a lot of times, you know, I'm just trying to argue both ways, really. A tot of times when an officer gets into a scuffle, he can't pull his gun. He's in close combat. Mr. Gray: You know, what I think, the problems we're having in our City and our Country, we should eliminate as many chances for a person to lose his life unnecessarily as possible. Commissioner Plummer: Agreed. Mayor Suarez: We certainly agree on that general... Mr. Gray: So I don't think it should be an awful lot of argument here. Here's a chance that we have to cut back on the opportunities to save a persons life and we argue about how should we save it, which should we kill him with. The possibility of killing him with a choke hold or a gun. Mayor Suarez: Commissioner Dawkins. 33 January 28, 1993 Commissioner Dawkins: I said from the very beginning and I have not changed. This is something the City of Miami Police Department does not need. I am not = a law enforcement officer but if I were being arrested and I knew that the officer could use the death... the choke and he was using it because he thought this was a life threatening situation and the choke hold was being used as a deadly weapon, then I would have no choice but to fight to the bitter end to save my life. So now you have two people using force against force. Now, I feel and I want everybody to know if an individual is being arrested, he should be arrested. If an individual resists being arrested, he --- should still be arrested. But there should be methods and means of arresting -_ an individual without the choke hold. Now, that's my opinion. I don't know = why the City of Miami does not make up its mind. Either you are in favor of - the officer using it to protect himself, if you are, the fellow who is tying as a vegetable now, paying his damages, compensate his family and let them go on about their life. Don't let this gentleman lie there with the hospital = bills going on... _- Mr. Jones: Commissioner... Commissioner Dawkins: ...and what have you, while we sit up here arguing about whether it's legal or illegal. Now, if it's illegal, then pay. If it's legal, tell the man... the people's lawyer, the man acted within his rights, therefore there's nothing you can do about it and let them go to court and see where we are. But somewhere, the Miami Police Department has to make a decision. Either use it or don't use it. Do not hide behind the misnomer of deadly force. Mr. Gray: As I mentioned earlier, we have about nine or ten other great cities... They're not as great as Miami, however, with one exception - the care of our elected officials and appointed officials to the - you might use the term - Joe Blow citizen. We have some outstanding officers, police officers, some of them I taught the 32 years that I worked in the Dade County School system. We have some outstanding officers, but we... they don't need the choke hold. The choke hold is for those that the outstanding officers would not stand up to eliminate those officers that are causing them a lot of problems. We are going to have to clean up... Eventually something is going to happen, lady and gentlemen, unless we have the nerve. And if - and I hope this is not going to insult anybody - we don't have some hidden agendas, while we let these things go... Commissioner Dawkins: You mean something else will happen. Mr. Gray: That's exactly what I'm talking... Commissioner Dawkins: Because the gentleman who is choked has already happened. -� Mr. Gray: That's right. Commissioner Dawkins: OK. Well, say something else will happen. Mr. Gray: Yeah. Thank you. - Mayor Suarez: OK. 34 January 28, 1993 Mr. Gray: Please eliminate it. Mayor Suarez: All right, Charles. Thank you, sir. Chief. Asst, Chief Raul Martinez: Mr. Mayor, Commissioners, ever since the moratorium was placed by this Commission and the Police Department, we put together a committee for which PULSE has participated, Reverend Katz, who's not here, Mr. Wilcox, who's here, has participated in that committee. Members of the Office of Professional Compliance participated in that committee. We look at all the alternatives, what other cities did, so on and so forth. The committee agrees, as a whole, including Reverend Katz and Mr. Wilcox, of the wording we have adopted as a policy. They were present when the policy was adopted. They agreed on that policy and the policy places the use of the lateral vascular neck restraint - It's not called a choke hold. The street name may be a choke hold. - in the area of deadly force. The idea it places into that area, if an officer is fighting with an individual, he can't get to his weapon, he's being stabbed and he's about to die, we will allow an officer to defend himself with whatever he can, in order to save his life. I don't think any police department in this nation, I don't think any court in this nation, will do anything to any officer who defends himself from dying by applying a choke hold. And by passing a policy that completely bans, under any circumstances, that same situation could result in the officer being terminated for saving his own life. Mayor Suarez: I think the general principle that you're stating is eminently correct. The question is do we need to say that? Or can we not take umbrage in a broader principle that says that an officer... ® Commissioner Plummer: As last resort. Mayor Suarez: ...who 1s in fear of his or her own life may use deadly force. For that matter, an officer who fears for the life of citizens may also use deadly force. And whether that's, you know, some kind of supposed restraint, or the ultimate restraint that you try to... Asst. Chief Martinez: Mr. Mayor, if I can read you what the policy reads. It says... Mr. Jones: Chief.., Mayor Suarez: Well, what I was... Mr. Jones: Chief... Mayor Suarez: Yeah. Mr. Jones: Mr. Mayor, please. Mayor Suarez: I read the policy many, many times. What I was going to do is suggest to the City Attorney and the City Manager and the Chief that they look... Yeah. 35 January 28, 1993 Mr. Jones: Mr. Mayor, please, I don't want to cut you off. I was waiting to see how far this is going to go and I would appreciate it if you would curtail any further discussion of what's being proposed or what's being discussed. We are in litigation on this matter right now. That policy is at issue and you're about to prejudice the City's defense in this case severely. So, I would ask you to please curtail any further discussion of this matter. Commissioner Alonso: It's always difficult for me to understand how cane items that appear on the agenda and we are supposed to discuss at a certain point in discussion then the Legal Department steps in and lets us know that whatever comments we make are going to be used to interfere with a process in court. I wish that in cases like these, the determination is made before it's placed on the agenda, so it is clear enough to all of us and it's... we're not put into this situation. Anyway, it seems to me that this Commission has expressed clearly the position of each and every one of us, how we feel about this issue. And I think that it could be read in the records of the City of Miami how strongly we felt and how deeply concerned we are with this method of operation of the Police Department. Mr. Jones: Commissioner... Mayor Suarez: Let me say as a matter of law, I don't agree with the City Attorney, although I haven't really researched it. As a matter of policy, I will not abide by your exhortation, Mr. City Attorney. I think we have to discuss these items, they could affect the lives of many, many more... Mr. Jones: Well, we might as well open up the checkbook now then, if you ea don't want to abide by it. When we have... Mayor Suarez: Mr. City Attorney... Mr. Jones: Mr. Mayor, when we had the... Mayor Suarez: ...I let you complete your statement, I think. Please let me complete mine. I will not abide by it, as a matter of policy. I don't think it's good policy for this City to forego a discussion of an important item affecting the community in many future incidents that hopefully won't happen, just because of liability in an existing matter which, frankly, legally is questionable 1n my mind. But even if it was a situation that would create liability for ourselves, we've got to make policy for the future and we should discuss these items. Commissioner Dawkins: And also, Mr. Mayor, I think we should say that if... In the event, that the discussion was going to prejudice the case, then the individuals from the community who are sitting out there should have been notified that this would not be discussed until after the case... Mr. Jones: Commissioner... Commissioner Dawkins: ...so that they would not come down here and sit out here. Mr. Jones: Commissioner... 36 January 28, 1993 t71 Commissioner Dawkins: Now, secondly, Mr. Mayor, I'd like to say, I don't think any member of this Commission, or any citizen sitting over there, is saying that any police officer should lose his life, rather than try to defend his life. We're not saying that. Unidentified Speaker: That's right. Commissioner Dawkins: All right? We're not saying that. What we are saying is let's find a way that it will work out, where everybody's life... everybody who 1s fighting for their life have an equal chance. That's all. Mr. Jones: Commissioner, just for the record, two meetings ago when this matter came up, I instructed the full Commission at that particular time that �= lawsuit had been filed. You were in the process of getting ready to discuss the matter then, I asked that you defer it. I don't have any control over the agenda. So, certainly, I agree with you in terms of formulation of policy, discussion, or whatever else. There's a proper time and place for it, true enough. All I'm trying to tell you, you pay me to be City Attorney, you pay = me to defend these cases, and I'm only telling you that what you're about to do is prejudicing my defense of the case and that's all I'm saying. Commissioner Dawkins: And prejudice you mean we're about to help the guy win his case? Mayor Suarez: That's the general idea. Would the Manager, Chief and City Attorney accept the charge of looking at the wording to see if there's a way around this issue, so that the community understand that we are not in any way sanctioning the use, and at the same time... Commissioner Dawkins: We're not telling the officer to lose his life. Mayor Suarez: Right. I just... I think we've gone about 99 percent of the way to that and so far it seems to have worked. I just have a feeling there's wording that can be crafted here, with the input of PULSE, and the union, and the City Attorney, the City Manager, that I would always reserve the possibility that an officer may use whatever means to save his own life and that of others, but that this is not being in any way... this particular device is not being 1n any way encouraged or sanctioned by our Code or our procedures, because we don't, perhaps, think that it's the right way to go as a general rule, but just not foreclosing the instantaneous judgment of a police officer who is in a situation where deadly force has to be used. Because I think that would also be a mistake. I personalty think that would be a mistake and still satisfying your concerns. Asst. Chief Martinez: Mr. Mayor, just to repeat myself, PULSE agreed on this wording and a lot of the arguments that we have with Alamedes was for all of us to agree on the wording - the Police Department, the Office of Professional Compliance, and the two members of PULSE that are members of this committee. For them to come now and change their position on the wording, I'm befuddled. Mayor Suarez: Sir... Mr. Nathaniel J. Wilcox: I was 1n on that... 37 January 28, 1993 Mayor Suarez: Give us a name, please, and address. Mr. W11cox: My name is Nathaniel Wilcox, organizer for PULSE. I was also in on the meeting that the Chief was saying. There was still some information that we had not completely looked into, or had not been brought forward for us to completely agree. The position that the City... the Police Department is coming forth with now, we were not completely satisfied with it. The alternative methods were never explored, so we were not totally satisfied with the policy that they are now presenting to the City, never looked into alternative methods. For eight months there was stalling. For eight months there were excuses. And for eight months nothing ever came forward in terms of whist the officer can use instead of the LVNR (Lateral Vascular Neck Restraint). Now, he's standing up and saying that yes, we totally agreed. That is not completely true. So there... We are still in the process of trying to determine alternative methods for officers to defend themselves besides using the LVNR. Mayor Suarez: It is conceivable, is it not, Mr. Cotera - who back there doesn't seem to be taking this particular line of argument too much to heart. _ It is conceivable, is it not, that - that's the one alternative I hadn't thought about - that there may be alternative ways that are both safer for the officer and for the perpetrator, and if so that should be explored. And that's all I'm saying. I'm sending... I'm suggesting to this Commission that we send back everybody to the negotiating table. We are now 99 percent of the way to where PULSE would like us to be and where many... Commissioner Dawkins, many of us, would like to be. And perhaps, there are some further refinements here. There may be some situations of - and I'm not an expert in the field - where... Mr. Cesar Odio (City Manager): Mr. Mayor... Mayor Suarez: ...we really would recommend just about anything except the lateral restraint, some other procedures, and that's what you're suggesting. Mr. Odio: But, Mr... Mr. Wilcox: Absolutely. There are any number of cities that we've brought to the Police Department's attention, like Atlanta, they have forbidden the use of the LVNR. So, we're saying that... Mr. Odio: But we are, too. We are, too. Mr. Wilcox: ...are the officers in Atlanta better trained than the officers of Miami? Do the suspects come... When the officers in Atlanta come, do they just lay down, or do they have to face the same situations... Mr. Odio: Well, maybe... Mr. Wilcox: ...as the officers here in Miami? Mr. Odio: Kiybe I'm misunderstanding, because we have banned the use. We have banned the use of lateral restraint. Mr. Wilcox So, we should keep it that way. 38 January 28, 1993 Mr. Odio: It is banned. Mr. Wilcox: We should keep it that way. Mr. Odio: Now, what we're saying is, if an officer's life is threatened, and that officer is going to be killed, he's going to kill any which way he can. Mayor Suarez: And I just don't know that that needs to be said. That may = just be part of a... — Mr. Wilcox: That's right. _ Mayor Suarez: ...of the law and common sense. Mr. Wilcox: That's right. Mr. Odio: I don't know how you word it... Mayor Suarez: All right, Please, please, Charles. Yes, Mr. Cotera, did you want to answer briefly, and then we've got to... Mr. Al Cotera: Yeah. Real quickly, and I do take this to heart very seriously, but I can see where the conversation is going. But it's very important that you understand, and I do agree with you, because if it's me down on the ground, and it's going to go 1n the scrap, then you're really not concerned with what the departmental orders say. I've got to go home to my family and I think that everybody will agree with that, whether you're, you know... I mean, that's the way it is. I think that the wording, the way it was used, is accurate and is proper, simply because, Mr. Mayor, in the event _- that a situation should occur in the future, the department and the City Attorney's office, as it has happened in the past, will put that man out on his own and will say, "Wait a second. We said you couldn't use this. So, you're out on your own." That's where I get concerned. Mayor Suarez: That's precisely what I figured was your concern, that it may be better to be left unsaid. Any Commission have any other comment or 4 suggestions? Commissioner Plummer: I wish I did. Mayor Suarez: We are pleased, of course, with the progress made in this area and I think a lot of it has been at the suggestion of PULSE. And there have been no incidents of use of the restraint? Asst. Chief Martinez: No, sir. This type of restraint 1s not used very widely, not just by us, but by most police departments. And the departments... Mayor Suarez: I just wanted to know if since the initiation of this particular policy... Asst. Chief Martinez: No, sir. 39 January 28, 1993 Mayor Suarez: ...that restricts it to a very peculiar situation, 1f there has been any reason to use it at all, any incident of it being used. Asst. Chief Martinez: Well, we're still under the moratorium, sir. We have... The policy was just published, and we're in the process of drafting the Department orders that tell officers how and when to use it. Mayor Suarez: OK. And you will continue to take input, obviously. And Mr. Manager and Mr. City Attorney have heard the discussion. We probably shouldn't spend more time on it then it warrants, in view of the fact that we have pending cases. Unless anyone has anything further, I think we can proceed from that point. OK. 10. COMMISSIONER PLUMMER POINTS OUT DEVASTATING EFFECT FOR THE CITY IF THE ISSUE OF SECESSION BY COCONUT GROVE WERE TO BE SUCCESSFUL -- DISCUSSION CONCERNING CITY'S ALTERNATIVES (See label 34). ------------------------------------------------------------------------------ Commissioner Plummer: Mr. Mayor, may I evv* on the record, before we go into zoning, which is the next item, has anybady made a report of what happened at the County this morning? Mr. Cesar Odio (City Manager): I was there. Commissioner Plummer: Well, I mean, I'm not aware of what happened. Mr. Odio: Nothing happened. Commissioner Plummer: I briefly asked the Mayor. Mr. Odio: No. Commissioner Plummer: So, what you're saying is that at this particular time the matter is still on the ballot? Mr. Odio: Yes, 1t is. There was not a vote to reconsider. Nobody brought it up. It had to be brought in by the prevailing side and... Commissioner Plummer: So, then are we going to do anything about it? Mr. Odio: Well... Commissioner Plummer: Or are we going to forget it? Mr. Odio: Yes. As a matter of fact, I was approached by... = Commissioner Plummer: OK. But I'm asking, are we going to do it at this meeting... Mr. Odio: Well, you should do it at... 40 January 28, 1993 p Commissioner Plummer: .Are we going to have a special meeting? Mr. Odio: Price. — Commissioner Plummer: Are we going to do it at the next meeting? I mean, everybody's silent around here. Mr. Odio: OK. If you let me... If I may... Commissioner Plummer: Sir... Mr. Odio: Stanley Price told me that they were preparing a lawsuit to file against that... Commissioner Plummer: In behalf of who was Stanley Price? — Mr. Odio: I don't know, but I did say to him, I said that if he wanted to come here today - And he was supposed to be here at 3:00, I don't see him here. - and to explain to you what lawsuit... Commissioner Plummer: Well, may I ask my City Attorney, is there a basis for a lawsuit? A. Quinn Jones III, Esq. (City Attorney): When this was proposed before, Commissioner, I indicated to you that there might be a basis for challenging =_ it, and I still feel that way. I'll have to look at... Mr. Odio: It should be done. Mr. Jones: I was just given a copy of what was passed on Tuesday. Certainly, with your blessing, I will look at it with a view toward challenging it if there's a... Commissioner Plummer: OK. My... Mr. Odio: 8y the way, Commissioner, all the... Commissioner Plummer: Mr. City Attorney, my... and Mr. City Manager, to both =_ of you, sirs, I guess my concern is manifold, but one in particular, I would _ assume between now and our next Commission meeting, which is February the — 11th, the ballots are going to be printed. And if what you're trying to accomplish is an injunction to keep it off of the ballot, that the next meeting will be too late. I assume they're going to be printed, because the election is March the 16th 1s the first one. Now, I want to ask another question of my colleagues, as well as the Manager. Have we ever tried to look at the other side of the coin, of those people who are talking secession, to find out why they want to secede? And have we tried to do anything to say, "You have a legitimate concern and we need to address it - or we don't"? You know, I don't want to be immediately saying that we're going to a fight scenario, but I... Let me tell you something, Mr. Manager, and to my colleagues. I see this as a very devastating thing to this City and I just - don't think that we can sit here and hope it's going to go away. It's not. Now, I'm surprised that there's no action here at this Commission today, and we're looking right around the corner. 41 January 28, 1993 Mr. Odio: You have the... It's three issues - zoning, the secession, and the = parks. Commissioner Plummer: The zoning I don't think applies to the City, does it? I think that's basically in the County? Mr. Odio: The parks? It does affect the City. You have properties that will be affected. You won't be able to do anything in the FEC, Bicentennial, or - any other place. Commissioner Plummer: Oh, that's the park issue. Mayor Suarez: He said the zoning doesn't affect... Mr. Odio: Park... Commissioner Plummer: zoning issue. Yes, sir. No, I thought you were talking about the Mr. Odio: Zoning 1s County. Commissioner Plummer: That's County. Mr. Odio: Right. Commissioner Plummer: So, that issue doesn't affect us. Mr. Odio: Yes, it does, because it's in the same ballot, and that's why I... Commissioner Alonso: All of it goes together. It's one question. Mr. Odio: All of it goes on one ballot. Mayor Suarez: He meant that it doesn't affect us... Commissioner Alonso: If you approve... If it passes, it passes together. — Mr. Odio: But it does. Mayor Suarez: ...but, except for the fact, that it happens to be on the _- ballot as the same question. Commissioner Plummer: OK. But... Yeah. Mr. Odio: So that the thing could confuse the voters... Commissioner Plummer: But are... You know, I think this Commission has got to take a stand one way or another. And the stand, as I see it right now, is keep our mouths shut and let's see what happens. Mr. Odio: I don't think that's your stand. I think that... I was hoping -_ that... 42 January 28, 1993 Commissioner Plummer: Then tell me, Mr. Manager, what you plan on doing. Mr. Odio: Well, I was hoping that we would be successful today... _- Commissioner Plummer: Hoping, you'll still be hoping on March the 16th. Mr. Odio: Well, if you let me talk, Commissioner, I can finish my statement. Commissioner Plummer: Sir, I apologize. Mr, Odio: Thank you, sir. Commissioner Plummer: I'll blast you afterwards. Mr. Odio: I was hoping that we would be successful this morning. I was still hoping that by this afternoon there would be a change of heart at the - Commission level over there. There has not been any, that I know of, so therefore I had asked Stanley Price to be here. They could always happen... They could always do it yet. I was asking... I asked Stanley to be here today to present his lawsuit, what he's planning to Rio legally. The Dade County League of Cities also wants to join in lawsuit. file's ready to go. We need a policy decision, but I was waiting for Stanley to come in. Commissioner Plummer: Are you finished? Mr. Odio: Yeah. Commissioner Plummer: My understanding that the County Commission adjourned at 11:00 a.m. this morning and there's nothing this afternoon at all. That's why I'm asking, because obviously... Commissioner Alonso: It's over. Commissioner Plummer: ...whatever today was to be is no longer. Now, you know, Mr. Mayor, nobody else here is concerned? I mean, you just want to... Pine, guys. Mayor Suarez: All right. 43 January 28, 1993 11. DISCUSSION CONCERNING A MORATORIUM BY METRO-DADE FORBIDDING ANY NEW SEWAGE HOOKUPS IN THE CENTRAL WASTEWATER DISTRICT UNTIL FURTHER NOTICE -- DIRECT CITY :ATTORNEY TO TAKE WHATEVER LEGAL MEASURE NECESSARY TO ENSURE THAT THE COUNTY'S WATER AND SEWER AUTHORITY WILL CONTINUE TO PROVIDE ALL NECESSARY SERVICES TO MIAMI RESIDENTS. Mayor Suarez: Pr-1. Resolution... Commissioner Alonso: Before we go into that, Mr. Mayor, I think that... Mayor Suarez: Commissioner... Commissioner Alonso: ...we should address also another problem, and perhaps... Sergio Rodriguez, is he here? Yeah. And this is in reference to the sewer connection and the moratorium that exists for the City of Miami in the central district that mainly affects the City of Miami, that we received the memo yesterday from the City Manager. I have... Mayor Suarez: OK. Because... Yeah, what I have is that there was going to be a meeting yesterday, but I have nothing as to the result of the meeting. Mr. Cesar Odio (City Manager): No, I sent you another one. No, no Commissioner Alonso: Yes. I attended that meeting. Mr. Odio: Where is a copy of that? Commissioner Alonso: Sergio Rodriguez was there. Wally Lee was there. Wilson was also there. The fact of the matter is that in fact there moratorium for any new construction in the City of Miami. As a... Mayor Suarez: Anywhere in the City of Miami? Commissioner Alonso: Yes. Well, City of... Mayor Suarez: Or any part that uses the main sewer system? Karen _ 1s a - Commissioner Alonso: No. It's all of the City of Miami. Well, we have... With the exception of Coconut Grove, we are almost 100 percent... Mayor Suarez: And all on that same line? Commissioner Alonso: ...with sewer. -- Mayor Suarez: It affects all of the sanitary sewer lines in the City. Commissioner Alonso: Exactly. We don't have... We cannot add any new service to the existing system. So, what it is is, in effect, you cannot have any new construction in the City of Miami. When you go to WASA (Water and Sewer Authority) and request the permit that it's called the "Plumbing 'Section 44 January 28, 1993 Coafmissioner Pttimmer: We're sewered what? Eighty percent? Commissioner Alonso: ...to explain about this issue, because this is very important for the City of Miami. Mr. Odio: Yeah. Commissioner Alonso: We've discussed about possibilities of getting some relief. If things economically can affect the City of Miami tremendously, it can damage any... Mr. Odio: ...you have that report? Give a copy to each Commissioner. Give it to them. Commissioner Alonso: ...even further the job situation in our City... Mr. Wally Lee (Assistant City Manager): SE REPARTIO A TODO EL MUNDO. Mr. Odio: Yeah. But they don't have it yet. Commissioner Alonso: ...economically it will be devastating for the area. And on top of that, there is also another issue that if not today, in the next few days we should really come up with some sort of discussion. Last year, the water was increased 15 percent, this year 25 percent. So, when you put 25 percent of an increase this year, 15 percent last year, it's a 40 percent increase in the water bill for water, and on top of that the sewer. I have seen bills of citizens of Miami who have used only $13 on the water bill, yet they pay a bill of over $50. That is an excessive amount. I have seen bills that about nine months ago the person was paying 40 some dollars, the last bill they received it goes over... Commissioner Plumner: I don't know. I'm amazed. Commissioner Alonso: ...a hundred and twenty-four dollars. I think that as a City that transferred the Miami Dade Water Sewer Authority, and that we have a contract that according to the City Attorney we have some items here that say that the citizens of Miami were going to be charged less, perhaps we should take an active role in looking into this situation to see how we can do everything in our power to at least have some say, and some position is taken as a City, so that these increases stop or are controlled in a certain way. One of the questions that I asked the County Manager yesterday was my concern about the prices. He said prices will have to go up. Yes, I agree that most things increase, but 40 percent in a year seems to me to be too much. And we are a... Mayor Suarez: And by the way, it is a myth that all things increase. Some things actually go down. The price of certain items is going down. Commissioner Alonso: But it's something that we have come to accept in society, but reasonable increases we are ready to accept, but excessive amounts... 45 January 28, 1993 }K'4 �s Mayor Suarez: Yeah. And if there's any kind of a handle at all on the agreement that ,you referred to when we ceded these, then... Mr. Manager, like the recent item that was negotiated in connection with another concession agreement of the City, where they began to do the kinds of things we didn't agree with and we applied the right kind of pressure and solved the problem. Maybe, if we do have a handle here, a legal handle, we could begin to put pressure and figure out ways in which we can keep these increases from going up. Mr. Odio: Well... Mayor Suarez: And on top of that, a moratorium. I mean, this is the worst of all worlds. Commissioner Alonso: Yes, and the one thing, and I said that Mr. Avino in yesterday's meeting, was that why the City of Miami, that is probably the one city that will be the most affected, because we are in the center and it's all of the City of Miami... of course, Hialeah is affected, Opa-locka is affected, Coral Gables is affected, but not to the degree of the City of Miami. The entire City of Miami is affected by this measure and we stated our position very clear, in terms that why did the City of Miami not know ahead of time that this was coming. We were told that in the middle of December a letter was sent to... Mr. Odio: Building officials. Commissioner Alonso: ...building officials. First of all, it was sent by DERM (Department of Environmental Resources Management) and it was sent to the wrong individuals, because those... they should know that they are not in charge of any of this. It should have been sent to the City Manager, or to Public Works, or to departments that actually function in relation to this serious matter. We didn't know anything about that. We knew two or three days ago. Mr. Odio: I heard 1t through a rumor. Commissioner Alonso: The building industry was informed ahead of time and I wonder why the City of Miami had no information whatsoever and how come we are just faced with a reality, something that... in effect, they say they were starting 1n yesterday's meeting, but I proved to them that in fact it was happening before, and they accepted that yes, these people of Miami were turned down several days before. Commissioner Plummer: May I... Commissioner Alonso: So, if you want to explain... Commissioner Plummer: Can I make one inquiry? Commissioner Alonso: Yes. Commissioner Plummer: Mr. City Attorney, I would ask you, sir, that this is a direct slap in the face to the people of the City of Miami. Recalling back 46 January 28, 1993 when I sat on this Cotynission and we gave to Metropolitan Dade County the sewer lines and the sewerage plant at Dade... at Virginia Key. Sir, I would say to you that I recall making a statement that if a moratorium was placed on us, that there, I think, was to be a reverter clause that we got the facility back. Sir, I would ask you to read and research the document in which we, the so-called "good citizens" of this community, in its effort to do a better job, 1f we did not put in there a reverter clause that possibly we can take it back, and we can take it under our control, so it won't be overloaded by the County and all others who never paid to put that in. So, I'd ask you to research that, sir. Mr. Jones: Commissioner, I'll research that. I have looked at the agreement. My review... The review... My recollection of the review, the closest thing that comes to that 1s basically a provision in there that requires them to provide the necessary facilities and equipment to facilitate the City of Miami's needs. I'll double check again, but I don't... I'm almost certain that there... Commissioner Plummer: When you say that, sir, does that mean the City of Miami's needs first, before they allow anybody else to go on line? Because that's obviously what's happened. Mr. Od1o: They're overloaded. Mr. Jones: Yes. Yeah. Commissioner Plummer: They're overloaded not because of this City, because what we had there was adequate. The only reason, I can tell my colleagues, that we really were in a bind was the federal money who said that if you didn't put into a system of regional, that they would not give federal dollars. Our system was not overloaded at the time. As I recall we were at 92 percent of capacity. Commissioner Alonso: Yes. Commissioner Plummer: And based on that was only to get the regional money. Now, it would seem like to me reasonable that we would have built in that the City of Miami at least had first priority, because they didn't pay us a dime for that facility. Commissioner Alonso: And it was $400,000,000... Commissioner Plummer: Well, that was... Commissioner Alonso: ...that we donated to them. Commissioner Plummer: Excuse me that $400,000,000 was the total. Commissioner Alonso: Yes. Commissioner Plummer: We gave them the water system here on Le Jeune Road. Commissioner Alonso: Sure. 47 January 28, 1993 _ Commissioner Plummer: The whole total waterworks was $400,000,000. Commissioner Alonso: Yes. And it was certainly the intent of this Commission at that time, because Commissioner Plumtiner said at the very end, when all the = documents were ready, he asked this question, "And are our people being protected? Are you personally satisfied?" He asked that of Mr. Sloan. So, the intent was very clearly stated on the record that the Commission wanted -_ that to be that way. And today we find that the City most affected by this is the City of Miami. And are they going to relieve the area north within the year? Then the City of Miami is going to be on a moratorium for three, four years. This is devastating. Who is going to pay for these services? We don't have any tax base increase. We don't have any new construction, new -- businesses coming in the City of Miami. There are areas that really need the = construction to survive. This is really very dangerous. Do you have any further information since yesterday? Mr. Jim Kay: No, I.. This issue is extremely serious and the County still — doesn't have all the information in from the State DERM. They're going to be negotiating with the State on this. And, as you may recall, at the meeting �- yesterday, there were even some contradictory statements made in the meeting... Commissioner Alonso: Yes. Mr. Kay: ...and we tried to clarify those. So, I would say at this point that we're going to have to wait a little while to see what comes out of the negotiations with the State. And, Commissioner, you're correct. There is a clause in the tri-party agreement which does state that the County will provide sanitary sewer service to the City of Miami. It's quite specific. Commissioner Plummer: Well, I think that we need to immediately instigate a lawsuit against the County and force them to provide the service that they guaranteed us they would do. And if that means taking other people off the line, and placing the moratorium on them, and I'll bet you a lot of it's their own territory... Mayor Suarez: A few County facilities, maybe. Commissioner Plummer: Mr. Mayor, I'll move at this time that the City Attorney be instructed to take whatever legal measures necessary to enforce the provisions of the clause that states that Metropolitan Dade County Water and Sewer Department are under obligation, at all times, to provide the City of Miami with the necessary service. I so move. Mayor Suarez: So moved. Commissioner Alonso: Yeah. I second the motion and... Mayor Suarez: Seconded. Discussion. Commissioner Alonso: ...you should know that they were discussing the possibility of approving septic tanks, facilities allowing construction with septic tanks, and I expressed that the lots in the City of Miami are an average of 50 by 100, 135, 150 - too small to actually allow septic tanks in 48 January 28, 1993 717 17777 facilities like that. And it was also a contradiction to ordinance that in existence, well they say DERM is willing to work on a one-on-one basis to allow this. Also they mentioned the possibility of the state allowing a system of debit and credit, allowing 1f we release, then new services will be allowed. In reality, I don't know how effective that will be and if we will have to look into all the possibilities. But I agree, we have to be really aggressive on this issue or we will be left in the worst condition of all the other municipalities. At the end of the meeting it was clearly stated that the City of Miami was the one in the worst condition, and we were not even notified ahead of time. We knew the problem existed. I, prior to being a Commissioner, I remember, in the beginning of the 180s, meeting with Tony Clemente and some of the people at the County level and talking about this. I expressed at that time my concern with the possibility of in the near future, the prices of the water to increase to the degree that we are seeing today, and also my concern about the problem with the sewer, specifically in old areas of the City of Miami - Flagler and areas like that. And... Well, they were not seriously concerned when so many years went on and no concrete plan was in effect. And we inquired yesterday and we were not given any specific answers why they did not act more aggressively to resolve a problem that we knew years ago it was going to become a reality and today it's very dangerous for the economic future of the City of Miami. Mayor Suarez: I would also suggest... well, three initiatives that I think we ought to take besides considering a lawsuit. Department of Community Affairs, for five, six, eight, ten years now, they've been telling us Growth Management dictates that you have more urban in fill. Well, folks, how about some money to help us with that? How about some way to expand the capacity of that sewer line, stop the leakage, et cetera. The same thing with the South Florida Water Management Board. You know, what about some financial help from the South Florida Water Management Board. Because, again, we are the kind of city that they think is the kind of... you know, the efficient one. We are the ones who are retrofitting our storm water. You would think that they would help us a little bit with the sanitary sewer line. And, finally, what about FEMA? Some of these conditions, I thought, were created partly because of the incredible amount of water in the water table and the hurricane, possibly. Can we get anything out of FEMA? And if not, let's go back to the first two. The easiest thing, Mr. Manager, is to say, "too, you can't follow that approach." Mr. Odio: No, you have... Mayor Suarez: Try the other two. Try to get some funds front the Department of Community Affairs, South Florida Water Management Board. They should help use Mr. Odio: When we... Mayor Suarez: I mean, we are the people who satisfied their objectives, their planning objectives. Commissioner Alonso: Yes. Mayor Suarez: That's what our planners should be doing... 49 January 28, 1993 Mr. Odio: No, you're right, but... Mayor Suarez: ,..with all due respect. I mean, Planning and Zoning meetings are great, but we need to develop many areas of the City of Miami and this could be just devastating for us, Commissioner Alonso: Definitely. FEMA can help. Mr. Odio: But you're right. What happens.. What has happened here is that Sloan met with me a year ago. They have the money. They have to get the right-of-way. They're going to cross... They didn't know which way to cross the bay. They have the money in place to put in a bigger pipe - three hundred feet under ground, under water, all the way across. Commissioner Alonso: To go to Virginia Key. Mr. Odio: They have the money. They're going to start the process within this year, I believe, it was. But it's going to take three to four years to finish. Commissioner Plummer: Three hundred feet? Commissioner Alonso: Yeah. The contract... Mr. Odio: They have a new process that will put them... Commissioner Alonso: ...has already been approved and the process completely. They stated that at the meeting. Mr. Odio: That's the problem. Commissioner Alonso: But it will take three years. Mr. Odio: It's going to take at least three years. Commissioner Alonso: In the meantime, they have to do emergency work... Mr. Odio: In fact.,. Commissioner Alonso: ...to allow the City of Miami to continue to function in close to normal circumstances. Mr. Odio: No. I agree. By the way, you have approved... The first phase of that work you approved about six months ago, I believe, at a station down by Brickell Avenue somewhere. That's where they're going to go across. They're going... They have the money. So, that... The plans are ready and the job is going to be bid out soon, so... The problem is the time it's going to take and that's the gap we have to fill, to be able to avoid this moratorium. Mayor Suarez: OK. Commissioner Alonso: OK. Call the roll. Mayor Suarez: Call the roll on the motion. We do have a motion? 50 January 28, 1993 Commissioner Alonso: Yes. Commissioner Plummer: Yes. Commissioner Alonso: And a second. Mayor Suarez: Call the roil on the motion. The following motion was introduced by Commissioner Plumper, who moved its adoption: MOTION NO. 93-60 A MOTION INSTRUCTING THE CITY ATTORNEY TO TAKE ALL NECESSARY LEGAL ACTION TO ENFORCE PROVISIONS OF AN EXISTING AGREEMENT WITH METROPOLITAN DADE COUNTY CONCERNING WATER AND SEWER SERVICES FOR THE CITY OF MIAMI, WHICH STATES THAT THE METROPOLITAN DADE COUNTY WATER AND SEWER DEPARTMENT IS UNDER OBLIGATION, AT ALL TIMES, TO PROVIDE THE CITY OF MIAMI WITH 'THE NECESSARY SERVICE. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12. ALLOCATE $25,000 TO RELOCATE HOMELESS INDIVIDUALS PRESENTLY LIVING IDS BICENTENNIAL PARK, WHICH AREA IS TO BE CLOSED FOR STAGING OF THE GRAND PRIX RACE -- INSTRUCT MANAGER TO ALSO ALLOCATE MONIES TO BE DONATED BY RALPH SANCHEZ TO ASSIST IN RELOCATING THE HOMELESS. Commissioner Plummer: Mr. Mayor? Mayor Suarez: PZ... Yes. Commissioner Plummer: I've been asked by the Manager, because it's an item that he has to be here on, to bring up this item at this time. Commissioner Dawkins: Is that your pocket item? 51 January 28, 1993 Commissioner Plummer: It's the Manager's pocket item and he wishes to handle it before he leaves. Mr. Mayor, we have a problem. We have contractual obligations to the Grand Prix of Miami. We also have a problem in the homeless scenario at the place where the Grand Prix takes place. There has been some understanding if a thing can be worked out by this Commission, that hopefully, we can handle both items. What it actually entails is moving the homeless from the area of the Grand Prix for a period not to exceed... Mr. Cesar Odio (City Manager): It has to be 15 days. Commissioner Plummer: ...not to exceed 15 days at the Bobby Maduro Stadium. There will be no problem and the race can be proceed. I have spoken with this, the Manager has spoken to me about it, I don't know that we have an alternative. Mr. Odio: Let me put it on the record, Commissioner. Commissioner Plummer: Fine, Commissioner Dawkins: OK. Let me put it on the record. I'm going to tell you and the Manager... Mr. Odio: Wait... Commissioner Dawkins: ...I will not vote to put them at Bobby Maduro Stadium... Mr. Odio: Fine. That's why we're... Commissioner Dawkins: ...because the people in that vicinity don't want them, don't want anybody else. Mr. Odio: Well, let me explain how... Commissioner... Commissioner Dawkins: No, no. I mean, I'm gust telling you what I'm voting for. Mr. Odio: Well, let me... Commissioner Dawkins: I will not vote to move them any place. Mr. Odio: If you may let me explain how it came about. Mayor Suarez: All right. Mr. Manager? Mr. Odio: There was a meeting that I was not present at, between Dr. Greer and the ACLU (American Civil Liberties Union), and they came up with that solution and I told Commissioner Plummer that you had to make that decision. Commissioner Dawkins: Thank you, Mr. Mayor. 52 January 28, 1993 } i. Mr. Odio: It's either... Commissioner Plummer: OK. Mr. Odio: But it's either Bobby Maduro or some place, or we cannot move them from there and we do have a contractual obligation. Vice Mayor De Yurre: Well, put them - Heyl - a place that's right close to theirs - Watson Island. Put them right there. Commissioner Plummer: Victor, we have a problem. Mr. Odio: In what? In what? Commissioner Plummer: We put.... Mr. Odio: In what? Commissioner Plummer: We put over 1,000 cars on Watson Island and I don't think that that was acceptable, but I can't answer that. There are really no facilities over there of water... Vice Mayor De Yurre: We've got Watson Island. We've got Brickell Park. Mr. Odio: Brickell what? Vice Mayor De Yurre: Brickell Park. Mr. Odio: The one here on Brickell Avenue? Vice Mayor De Yurre: Oh, yeah. Mr. Odiot A hundred and fifty people? Commissioner Dawkins: Simpson Park. Vice Mayor De Yurre: We've got Pace Park. Commissioner Plummer.- Well... You can split them up. Vice Mayor De Yurre: Pace Park, behind the Omni area over there. Commissioner Plummer: Mr. Mayor, can... I need to get some kind of a motion passed. Vice Mayor De Yurre: 1 just don't want it close to neighborhoods. Commissioner Plummer: OK. Vice Mayor De Yurre: It's not fair. Commissioner Plummer: You know, I... Victor, I don't disagree with you. But here again, we have a contractual obligation and what do we do? Mr. Mayor, I've got to have an answer. 53 January 28, 1993 Let foe ask you a question, Mr. Mayor... Mr. Commissioner Plummer: All right, sir. I'll try to answer it, sir. Commissioner Dawkins; Mr. Plummer, let me ask you a question. Commissioner Plummer: Yes, sir. Commissioner Dawkins: We have a contractual obligation. Commissioner Plummer: Yes, sir. Commissioner Dawkins: them." We also have a federal judge who said, "Don't move Commissioner Plummer: Yes, sir. Commissioner Dawkins: Now, if the contract takes precedent over a judge's order, I'd like to know and for you to tell me how. Commissioner Plummer: Sir, I can't answer that. Mr. Odio: No, no. Commissioner Plummer: I don't know how. Mr. Odio: Wait. As I understand it, once there is an agreement - right? - we would have to tell the judge... Commissioner Dawkins: All right. Let me... All right. Let me ask all of you what I don't want to ask, but I will. Once you get them in Bobby Maduro Stadium and they don't want to shove, what are you going to do? Commissioner Alonso: That's a good one. Commissioner Dawkins: What are you going to do then? Mayor Suarez: All right. Commissioner P1ummi r: Well, that's also a problem, sir. You know, Miller. I wish I was smart enough to sit on this Commission and give you a magic wand that is a magic answer. Now... You know... But I've got to have... The promoter has got to have some kind of an answer. Commissioner Alonso: Can we ask the judge what do we do? He doesn't want us to move them. A. Quinn Jones III, Esq. (City Attorney): Commissioner, we've already... We informed Judge Atkins when the order... when we filed a response to his original order, that we had the Grand Prix coming up, we had a contractual obligation. And we had asked for an expedited hearing. He has yet to rule on our motion. Quite frankly, we are in a dilemma. We're caught between a rock 54 January 28, 1993 41, and a hard place. I mean... You know, I don't know what else I can do legally. Again, I can try to request another expedited hearing, but I can tell you that if we go before ,fudge Atkins and he says, "OK. Well, I'm going to modify my order so that you can take them out of Bicentennial Park, so that you can proceed with the Grand Prix... Commissioner Plummer% Put them in a hotel. Mr. Jones: '...the City, where are you going to put these people?" And I think that we've got to be prepared to address that question. Commissioner Alonso: Is the judge a resident of the City of Miami? Commissioner Plummer: No. Mr. Jones: I have no idea. I don't... Commissioner Plummer: I can tell you, no. Commissioner Alonso: What a shame, I was going to look for his address. Commissioner Dawkins: Mr... Commissioner Plummer: Try Coral Gables. Commissioner Dawkins: Mr. Mayor? Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: Flow is it that this Commission has been dealing with this homeless issue for at least five years, and each time we have failed to come up with a solution? Now, because of the Grand Prix, a solution is found. Commissioner Plummer: No, it's not. I wish it were. Commissioner Dawkins: Yes, it is. Commissioner Plummer: What's the solution? Commissioner Dawkins: Hey, we've... Everybody has asked us - the downtown merchants, the people who live - has asked us to move them. We have constantly refused to move them. Now, because of the Grand... We didn't even move them for the Orange blossom... Orange Bowl Parade. Now, because of the Grand Prix, all of a sudden you've found Bobby Maduro Stadium, let's put them in there. When the race is over, they're going to move back to where the race is. Commissioner Plummer: To my colleague, of course, the Orange Bowl Parade did not come to Bicentennial Park and there was not a measure of safety involved. 3 You know, I've got to tell you, I assume this City is going to live up to its obligations and the... Mayor Suarez: Are you proposing this in the form of a motion, or do you just need to give some indication to the Manager? 55 January 28, 1993 Commissioner Plummer: Sir, I'll make any motion that is acceptable to this Commission. I'm not trying to ramrod anything through, but I hear that the alternative is to put them up in a hotel, which is going to cost $50,000 a year. — Mayor Suarez: Well, the relocation to Bobby Maduro Stadium, if it's coupled with every possible effort to get them treatment, shelter, et cetera, so that we don't simply then bring them right back to where they were, to me I can't imagine losing anything in that effort. I mean, I know some of the citizens in the area will be worried that our word is not good that this is for 15 days. But, you know, I think our word is good. Commissioner Dawkins: Well, I'm prepared... _- Commissioner Alonso: What do we do if they don't want to leave the Stadium? Commissioner Plummer: 'that's a damned good question. Commissioner Dawkins: Well, I'm prepared to go before the Judge Atkins on my own, as a private citizen, and tell him that this City Commission has refused to honor you, your honor, and all of a sudden, they found a way to work this out in 15 days. You need to tell the Commission, if you can work that out in f 15 days, you can solve the whole problem. Commissioner Plummer: And if not? Commissioner Dawkins: Put us all in jail. Commissioner Plummer: Well, but... Mayor Suarez: I'll tell him that, following on the same lines of thinking, `— since I have filed on my own behalf that there was a sort of miraculous -- solution here found right around Grand Prix time. I'm not sure how he'll = - react to that, but it's a fact of life. Mr. Odio: Well, and the... '-i Mayor Suarez: And I don't see it hurting, so I would vote for it, =j Commissioner, if you want to move it. And we can go on to the next item, we —] ~4 have Planning and Zoning agenda. Commissioner Plummer: Mr. Manager, let me ask this question. Mr. Manager, do you feel comfortable that at the end of the 15 day period that you can get -- them out? Mr. Odio: I would get them out, but the problem... unless we get a court order saying, "Don't touch them." You know, that you have that possibility. I won't deny that. Now... Commissioner Plummer: Well, Miller, let me ask you this question. Would you accept a motion that says that we expend $50,000 to put them in hotels? Now, I mean, that's an alternative. 56 January 28, 1993 777-77 ...: Mr. Odic: Well, but there is an alternative here that Ralph Sanchez offered... Commissioner Dawkins: Yes, I would accept that motion, 1f the Grand Prix paid the $50,000. Mr. Odio: We11, no... Commissioner Plummer: No, they're not going to... They can't... Mr. Odio: Wait. He offered... He offered... Wait. Commissioner Plummer: See, here's what happened. Let me tell you what happened. Ralph offered to give one day, a full day of receipts, which was approximately $30,000, to the homeless. OK? Now, he agreed to that and he's had a press release on that. Now, you know, even if he took it back, Mr. Manager, it's still not $50,000. Mr. Odio: Well, but it's 30. But he Said it was 30 to 40. That would... I offered him that. I said why don't you, instead of giving it to Camillus House, if we have a problem here, use it for the hotels. Commissioner Plummer: All right. You... Look. You all tell me what to do. OK? I'm your liaison to the Grand Prix. You tell me what you want to do. You know what our obligations are and, you know, I don't want to be the one who is... Mayor Suarez: I'll tell you what, if what you're saying is that he is prepared to pay $30,000... Mr. Odio: No, he gave a one day gate to the... Commissioner Plummer: One days receipts. Mayor Suarez: Right. Or that... And you estimate it to be about $30,000, and you think that this is such a high priority, which you do, and we do, maybe what we ought to do is give you the authority to go another $20,000 beyond his one day receipts, and fashion whatever you think is the best relocation that the judge will agree to, and the plaintiffs. Mr. Odic: OK. Commissioner Plummer: I have no problem with that, sir. I think that's a... Mayor Suarez: I mean, we can't lose. At least we clean up the park. At least we begin to provide shelters for some of them. Some of them :night take independent living and keep going from there. Mr. Odio: That's subject to the judge accepting it. Mayor Suarez: Of course. We can't do it without the judge's permission. Commissioner Plummer: I assume it's got to be approved by the judge. All right. So then, a motion of this... would be that the City would provide the 57 January 28, 1993 $209000 beyond that which is estimated to be 30, to house the individuals involved, for the period of 15 days or less. Mayor Suarez: All right. Commissioner Plummer: Not to exceed 15 days. Mr. Odio: So that the gate instead of going to one place, is coming to us. — - Commissioner Plummer: Instead of that... All of those proceeds that were destined to go for the clinic for the homeless will now go to house them. Mr. Odio: We'll it. Mayor Suarez: So moved. I'll second. Commissioner Plummer: Mr. Mayor, I do have one other... Vice Mayor De Yurre: Motion and a second. Discussion. Commissioner Plummer: Go ahead. This is also related. Vice Mayor De Yurre: Any further discussion? Commissioner Plummer: It's got to be. Vice Mayor De Yurre: OK. Well, if we're talking about a situation wherein we have no further say as to where they're put, then the possibility exists that they may end up in an area that is residential, such as the Bobby Maduro area, then... _ Mr. Odio; We're going to hotels. Vice Mayor De Yurre: To hotels. Mr. Odio: We're going to try to find rooms... shelters within the... There are beds available, by the way. There is no money. So, the providers and the homeless, we'll find... we'll try to find beds for these people. Commissioner Plummer: And it could be less than 15 days, Mr. Manager. Mr. Odio: It could be less than 15 days... Commissioner Plummer: So, we're going to... Mr. Odio: ...or we might use this opportunity, if we get the providers to see if we can find a solution for these people. Commissioner Plummer: Can I make the motion... Can I amend it, Mr. Mayor, to say that it would... the City would not expend, not to exceed $25,000? Mayor Suarez: All right. Mr. Odio: OK. 58 January 28, 1993 Commissioner Plummer: OK. Mayor Suarez: Then I'll second at 25. And I have no problem, by the way, if you want to sign off on the location and the procedure, or any other member... Mr. Odio: No. Mayor Suarez: ...of the Commission, for that matter. But I have no problem delegating to you that... Commissioner Alonzo: Would you read the motion again? Commissioner Plummer: The motion would be that the City would expend an amount not to exceed $25,0000 to be matched by the proceeds as offered by the Grand Prix, to house the homeless during the period that they would be outside of the area for the present affair. Mr. Odio: Providers... Vice Mayor De Yurre: Miller? Commissioner Dawkins: Mr. Vice Mayor, under discussion. I can not vote for this. I think it's hypocritical. I don't think that it's in good faith to... for us, the City here... Commissioner Piimmer: Give me an alternative. Commissioner Dawkins: ...month after month, address the homeless issue, refuse to find a solution, and for one... as much as I love Ralph Sanchez, for one time say we're going to put these people some place for the convenience of an automobile race, it's just... I just cannot vote for it. Mayor Suarez: OK. Commissioner Plummer: May I ask my colleague to give me an alternative. I want you to... Commissioner Dawkins: Yes. The alternative is... Commissioner Plummer: Do nothing? Commissioner Dawkins: No, no. As the Vice Mayor has said, find out how many they will take in the Colonnade and we'll pay for the night. Find out how many... Commissioner Plummer: Colonnade? Commissioner Dawkins: ...they will take in the Alexander... Commissioner Plummer: The Colonnade? Commissioner Dawkins: Find out how many they will take in the Alexander Hotel. We'll pay for those. Find out how many they will take on Biscayne at 59 January 28, 1993 that hotel, we'll put them there. Put them any place else in Dade County other than the City of Miami and I'll vote for it. Vice Mayor De Yurre: OK. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-61 A RESOLUTION APPROVING THE ALLOCATION OF FUNDS FOR THE PURPOSE OF RELOCATING HOMELESS PERSONS NOW RESIDING IN AND AROUND BICENTENNIAL PARK DURING THE PERIOD FROM FEBRUARY 5, 1993 THROUGH FEBRUARY 21, 1993, SAID ALLOCATION CONDITIONED UPON AN EQUAL MATCH (50%-50%) TO BE PROVIDED BY THE PROMOTER OF THE MIAMI GRAND PRIX, MIAMI MOTOR SPORTS, INC., WITH THE CITY'S CONTRIBUTION NOT TO EXCEED $25,000; FURTHER INSTRUCTING THE ADMINISTRATION, BY AND THROUGH THE CITY'S HOMELESS COORDINATOR, TO MAKE ALL NECESSARY ARRANGEMENTS TO FACILITATE THOSE HOMELESS PERSONS BEING SHELTERED AT EXISTING FACILITIES AND TO PROVIDE FOR THE CARE AND CUSTODY OF SAID HOMELESS PERSONS PROPERTY AS REQUIRED UNDER THE COURT ORDER, ENTERED NOVEMBER 16, 1992 IN MICHAEL POTTINGER ET AL. PLAINTIFF VS CITY OF MIATI---WENDANT, CASE NO. - -A K N UN - STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: Life does not get any easier. I have no choice. I have to vote yes... He's not in town... How did Victor vote? Vice Mayor De Yurre: Not yet. Commissioner Plummer: Oh. Mayor Suarez: Thinking about it. 60 January 28, 1993 z COMMENTS MADE AFTER ROLL CALL: Commissioner Plummer: Mr. Mayor, can I take, in the same vein, and this one of my pocket items, and I would ask this Commission... Mayor Suarez: Now, they are supposed to be at the end of the session. Commissioner Plummer: It's all of the same... Mayor Suarez: Could we not just go to Planning and Zoning? Commissioner Plummer: It's all of the same. Do you want that? It's becat of the Manager being here that I bring it up, sir. Mayor Suarez: But that's a nice little trick there. Commissioner Plummer: Fine. Fine. Forget it. Mayor Suarez: The Manager will rejoin us after Planning and Zoning agenda to get any other emergency matters done that are extremely important to him or... .� Commissioner Plummer: No, sir. No, sir. It was just a Grand Prix item, but I was going to try to clean it... Mayor Suarez: I have no problem with it. It's just that we have a policy, and we do have... Commissioner Plummer: Fine. Sir, I will abide by the policy. Mayor Suarez: Very good. 61 January 28, 1993 MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of January, 1993, the City Commission of Miami, Florida, met at its regular meeting place 1n the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 5:03 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez Sergio Rodriguez, Assistant City Manager A. Quinn Jones, III, City Attorney Joel Maxwell, Assistant City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk 13. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO REVERSE ZONING BOARD'S DECISION TO DENY VARIANCE TO ALL01i A REAR YARD SETBACK AND PARKING STALL AT FRONT PROPERTY LINE AT 121-123 N.W. 56 COURT (Applicants: Digmory Rocio Diaz & Ediima Castano) (See labels 18 & 23). Mayor Suarez: PZ-1. Resolution on the property at 121-123 NW 56 Court. Ms. Lourdes Slazyk: PZ-1 is an appeal of a variance that was denied by the Zoning Board for an existing addition at 121-123 NW 56 Court. The requested variance is for a reduction in the required rear yard setback area and an increase in the maximum permitted paved area, and to allow a parking stall at the front of the property, without the seven and a half foot distance requirement to the street. The Planning, Building and Zoning recommendation is for denial. It was also denied by the Zoning Board. There was no hardship to justify the requested variances. Mayor Suarez: Is there anyone here that is in opposition to the item PZ-1? If so, would you please raise your hand. SI HAY ALGUIEN QUE ESTE AQUI OPONIENDOSE A LA SOLICITUD DE PZ-1, QUE LEVANTEN SU MANO, POR FAVOR. Let the record reflect no one stepped forward or raised their hand. The Administration recommends against? Ms. Slazyk: Denial, yes. 62 January 28, 1993 Mayor Suarez: Denial. I... Commissioner Plummer: You know, we're not getting why. why are we not getting any more the reasons for denial? Ms. Slazyk: Well, the denial is because there is no hardship. The ordinance... Commissioner Plummer: Excuse me. In our... Ms. Slazyk: Your facts sheet, yeah? Commissioner Plummer: ...agenda, why aren't we given the reasons for denial? Ms. Slazyk: The analysis gives the reasons for denial. There are six hardship questions in the ordinance which have to be met for variances. Commissioner Plummer: That's a backup. Ms. Slazyk: And they built... Or this addition was built... Commissioner Plummer: The public does not see the backup. Ms. Slazyk: ...without pulling the proper permits. Commissioner Plummer: Well, I will suggest to the Administration... You know, it's in our backup material, but it's not here and the public doesn't see the backup material and I think the public should know why you're recommending for or against a given item. It's my opinion. Mr. Sergio Rodriguez (Assistant City Manager): The agenda will become like a backup, if you keep adding all that information, you know. Commissioner Plummer: It's got a lot of garbage in there now, why not a little bit more? Commissioner Alonso: Yeah. Mayor Suarez: I'm just trying to determine procedurally if we need to get the applicants sworn in. The Commission is going to inquire? Commissioner Alonso: Yes, I will. Mayor Suarez: OK. Would you please raise your right hand. LEVANTE SU NANO. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Yes. I'd like to know when was this addition... Actually, this is an addition to the existing duplex, or is this actually the conversion to a duplex? 63 January 28, 1993 Mr. Ruben Hidalgo., OK. Basically... Mayor Suarez: As you answer, I should have given you an opportunity to make a quick presentation, but give us your name and address so we have that for the -- record please. Mr. Hidalgo: OK. My name is Ruben Hidalgo with offices at 7366 Sit 48 Street. I represent... Mayor Suarez: And you're not here in a compensatory capacity, are you? Mr. Hidalgo: I represent a restaurant consultant. Mayor Suarez: OK. Are you being paid for your appearance here today? Mr. Hidalgo: Yes, I am. Mayor Suarez: Have you filled out one of the little forms that the City requires of people who are trying to influence legislation? Lobbying is another term for it. Mr. Hidalgo: I believe last time I did, but not today. Mayor Suarez: Last time you did, but you're not sure? Mr. Hidalgo: Yes. Yeah, I did last meeting. Mayor Suarez: I think it applies. On the same item? Mr. Hidalgo: Yes. Mayor Suarez: OK. Mr. Hidalgo: OK. Basically, she was cited for reasons that she had three illegal units in her residence. OK? She never built the addition that's in question now. OK? This was bought as is and the only thing she did was interior remodelling to convert to a three... three units. Commissioner Alonso: So, actually, what you're telling me is the size of the property is exactly the same as when she acquired the property. Mr. Hidalgo: Yes. Commissioner Alonso: But it was at that time one unit. Mr. Hidalgo: Yes, it was. And now... What we're doing now is converting it into a duplex, because it is a duplex zone. Commissioner Alonso: So, actually, a wall was constructed... Mr. Hidalgo: Yes. Ca nissioner Alonso: ...to divide the... fi4 January 28, 1993 777777777 -77 Mr. Hidalgo: Three units. Commissioner Alonso: ...the property... Mr. Hidalgo: Exactly. Commissioner Alonso: ...to have it as a duplex. r= Mr. Hidalgo: No, as a triplex. Commissioner Alonso: Three units... Mr. Hidalgo: Right. Commissioner Alonso: ...is what you have now. Mr. Hidalgo: Right. No, no. We... ! Commissioner Plummer: But this is R-2. l Mr. Rodriguez: It's a duplex zone. Commissioner Plummer: Huh? It's R-2. y Mr. Rodriguez: It's a duplex zone. Mr. Hidalgo: It's a duplex zone, but what she did was she had it divided into three units. Commissioner Dawkins: And he wants to put a triplex? Mr. Rodriguez: And they have three. Mr. Hidalgo: Then Zoning, Code Enforcement Board came by and cited her for this. So, then she putted a permit, I believe, to... you know, to reduce it back to two units, and therefore convert it into a duplex, as we're doing now. Commissioner Alonso: So, she has two units... Mr. Hidalgo: Yes. Commissioner Alonso: ...at the present time. R Mr. Hidalgo: Yes. Commissioner Alonso: OK. And when she acquired the property, these two numbers, as appear here in the request, were in existence? These numbers were given before? Mr. Hidalgo: No, just the 121 was. f, j Commissioner Alonso: How did the other number appear? F 65 January 28. 1993 i Mr. Hidalgo: OK. When I went to process the plans, I had asked for an additional number, is that when they found this existed... this violation existed. Commissioner Alonso: I see. Mr. Hidalgo: As far as setbacks are concerned, 20 is required and we only had 10 feet. Commissioner Alonso: OK. When was the addition built? Mr. Hidalgo: Excuse me. TU SA8ES CUANDO FUE LA ADITION CONSTRUIDA? Ms. Edilmma Castano: NO SE. Mr. Hidalgo: NO. Ms. Castano: PORQUE YO LA... Mr. Hidalgo: OK. She doesn't know. She bought it as is. She doesn't have -= any recollection. Commissioner Alonso: When did she purchase the property? Mr. Hidalgo: CUANDO COMPRASTE LA CASA? Ms. Castano: EN EL 181. Mr. Hidalgo: Eighty-one. Commissioner Alonso: Eighty-one? Mr. Hidalgo: Yes. Commissioner Alonso: The setback at that time was 10, instead of 20 as it is today, or was it also 20 and they... Twenty then, and then we reduced to ten... Mr. Rodriguez: Right. Commissioner Alonso: ...and then now it's back to 20. Mr. Rodriguez: Twenty, yeah. Commissioner Alonso: OK. So, it was 20, the same as today. I thought that she was... Mr. Rodriguez: Right. Commissioner Alonso: ...it was in effect the 10 foot distance. Mr. Rodriguez: Not at that time. -fi January 28, 1993 U ASL Mayor Suarez: OK. Commissioner... The comments here don't reflect anything about a change to a triplex, they refer to side setbacks, percentage of paved area, proposed parking stall, everything except... -_- Ms. Slazyk: No, the illegal unit is under the Code Enforcement history. Mayor Suarez: 'What does that mean? Mr. Rodriguez: Here. It's here. Ms. Slazyk: That that... That there was an illegal unit. Mr. Rodriguez: If you look in the history over here, it shows that it's an illegal unit because it had three units. The thing is the reason they're here before you now is because they tried to correct that third unit by converting to a duplex. Mayor Suarez: Supposing we give them everything that shows here, are they then allowed to have three units? Ms. Slazyk: No. Mr. Rodriguez: No. Commissioner Alonso: No, two. Ms. Slazyk: They're in an R-2. Mayor Suarez: So, it's back to a duplex. Mr. Rodriguez: Right. Mayor Suarez: Does she understand that? Mr. Hidalgo: We only want two units. Ms. Slazyk: Right. Mr. Rodriguez: Right. Mayor Suarez: All right. Commissioner Plumnmer: Well, but it's not within compliance of the setbacks. Ms. Slazyk: No. Mayor Suarez: Right. She's asking for variances on that. Commissioner Plummer: And where the... Mr. Rodriguez: Right. Commissioner Plummer: Well, also the parking stall. It's also the paved area. There's what six different items here? 67 January 28, 1993 �f F Ms. Slazyk: Three... Three variances. Mr. Rodriguez: Three items. Commissioner plumm$r; There's six different items... =— Mr. Rodriguez: Three. Three. Commissioner Plummer: ...that they're not in compliance with. Commissioner Alonso: Three. Mr. Rodriguez: Three items. Commissioner Alonso: Three. Huh? -- Commissioner Plummer: Three? I thought I counted six, pass or — Mayor Suarez You should telleven iI don't know f this pas esifthis is going to o not. You should tell her that Commissioner Plummer: One, two... Mayor Suarez; ...we probably, questionably, satisfy the hardship requirement = for a variance. Mr. Hidalgo: See... • Nobody challenges it, you go your merry way, Mayor Suarez. but if somebody challenges, you'd probably lose in court. And we end up... Commissioner Plummer: What's the hardship? I Mayor Suarez: That she bought it without all of these understandings, guess. Mr. Hidalgo: Right, right. Commissioner Plummer: Self deposed." Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor? — Mr. Hidalgo: As is. She bought it as is. urse, has been ruled by courts not to be... Mayor Suarez: But that, of coi Vice Mayor De Yurre: But did she receive... Commissioner Plummer: Of course. Vice Mayor De Yurre: You said she fixed up the interior of the place? Hello? Mr. Hidalgo: She did the interior work to convert it into three units, 68 January 28, 1993 -07 Vice Mayor De Yurre: OK. With a permit? Mr. Hidalgo: I believe so. Mr. Rodriguez: No. Ms. Siazyk: No. Mr. Santiago Jorge Ventura; No. Mr. Hidalgo: SACASTE PERMISO PARA HACER LA PARTE BE... Commissioner Plummer: Who did the work? Mr. Hidalgo: QUIEN HIZO EL TRASAJO? Ms. Castano: UN SENOR... YO NO SE. ES GENTE QUE VE UNO EN EL PERIODICO Y.,. Mr. Hidalgo: Somebody she picked up from the newspaper. Vice Mayor Be Yurre: Because if she got a permit to do the interior work, that's... Mr. Ventura: No. Vice Mayor Be Yurre: ...that's a significant factor. Mayor Suarez: Yeah. That would be. Vice Mayor De Yurre: If she did that also without a permit, then that lends credence to the other side. Mr. Maxwell: Mr. Mayor? Mayor Suarez: Yes, sir. Commissioner Plummer: Has it been determined that she meets all of the South Florida Building Code? Mr. Maxwells Mr. Mayor, I must inform you, if I may interrupt for a moment, based on the comment you just made, that it is in fact a legal requirement that these applicants show that there is hardship. The courts have acted very recently on that in a case involving the City of Miami, and that's the Herrera case and the Vizcatran property. So, they must show hardship. That is a required filing. Commissioner Plummer: That's what I asked. What is the hardship? Mayor Suarez: Did I state it correctly that if we find that there is a hardship, and we're not challenged, they go on their merry way and during that period of time are able to function this way? If that's the case, and we were to find that there is a hardship, even though we're stretching it, at least we ought to tell him to tell her that that doesn't necessarily end it. That's all I was trying to suggest. 69 January 28, 1993 Vice Mayor De Yurre: There's an appeal, period and that's... That's it. Commissioner Plummer: What is the hardship? Commissioner Alonso: That's important: that she understand that they have to _a tell us._ Commissioner Plummer: The what? Mr. Hidalgo: Basically she's afraid that she might have to tear it down, something that she bought as is, you see. My recollection says that before 10 feet was required and was permitted in that area, and 1t went back to 20 and now it's back to 10. So, I mean... Commissioner Plummer: Well, that's only one of the areas. You've got others here. Mr. Hidalgo: OK. Now, that the paved area was also there, but she'll remove it. She'll, you know... She would cut what she has to cut out and just make it conform. And as far as the other thing is concerned also, she... you know, she's going to make it, you know, comply with the Codes. Commissioner Alonso: So she has complied. She is in a duplex area and now she has only a duplex. Mr. Rodriguez: She has a duplex. — Commissioner Alonso: That's... OK. That's fine. That has been resolved. That's... Mr. Rodriguez: At this point. Commissioner Alonso: We don't have to address that issue. Then when it comes to the paved area... Mayor Suarez: She's willing to comply. _ Commissioner Alonso: ...she's willing to reduce the area... _ Mr. Hidalgo: Yes. Commissioner Alonso: ...and therefore we don't have that problem. _ Mr. Rodriguez: We shouldn't. Commissioner Alonso: Right? So, the only problem that we're actually facing is the question of the setback... Mr. Hidalgo: Right. r Commissioner Plummer: No. The parking in the front. 70 January 28, 1993 Commissioner Aionso: The parking in the front and that's... Mr. Hidalgo: Well, you have the... OK. The front is completely paved, there is no grass area there at all. OK? And one of the requirements that the Zoning said, that it had to be paved, a portion of, and grass, and four parking stalls provided for, you now, two cars per unit. Mayor Suarez: What is the variance required in regards to that particular... Ms. Slazyk: It's for the seven and a half foot distance requirement between the street and where the cars... the back of the car would be. Mr. Rodriguez: But I have to say something on this. OK? Commissioner Alonso: It's going to change. Ms. Slazyk: That's on tonight's agenda. Mr. Rodriguez: For a while... Commissioner Aionso: An ordinance that is coming up for second reading. Mr. Rodriguez: ...this has not been enforced, for whatever reason, you know, that the staff didn't look at that before, they didn't enforce that particular section of the ordinance. Commissioner Plummer: Where? Mr. Rodriguez: Throughout the City. Mayor Suarez: All right. That's what I need to hear. Mr. Rodriguez: They didn't leave... Mayor Suarez: When you say something is not enforced, say where. Mr. Rodriguez: Yeah. Right. In the sense that the seven and a half feet between the property line and the first space for a parking stall where never really required. That's the reason you have an amendment to the ordinance in the package that has been going before you before. So, I have to be fair about that. Commissioner Plummer: My question again is, is all of the work that has been done, either interior or exterior, meet with the South Florida Building Code? Mr. Santiago Jorge Ventura: Part... My name is Santiago Jorge Ventura. What they have to do is to submit plans, and when they submit the plans, we review the plan and the plan shall be according with the South Florida Building Code. Mr. Rodriguez: We don't know. Mr. Ventura: One of the requirements that we request is that something is done over there. We request that a structural engineer, or a licensed architect review the building and certify if the construction that was already built complies with the South Florida Building Code. 71 January 28, 1993 - } 77 Commissioner Plummer: If this board were to grant the application, and they did not comply with the South Florida Building Code, then what happens? Mr. Ventura: They have to comply, because... Commissioner Plummer: What happens if they don't do it? Mr. Ventura: No, they always do it, because... Commissioner Plummer: The history of their compliance is not here. Mr. Ventura: No, they comply. Always, we request that they submit the drawing, the drawing to be according with the South Florida Building Codes. If they have to add something there, according with the code, this is part of the... Mr. Rodriguez: You can make... Commissioner Alonso: It will be subject to... Mr. Rodriguez: You can make the variance... Commissioner Alonso: Subject to... Mr. Rodriguez: ...subject to any conditions, obviously. And any project 1n the City has to comply with the South Florida Building Code. Mr. Ventura: Yeah. Mr. Rodriguez: So... But, I mean, if you want to emphasize that particular issue, you can do that. Mayor Suarez: Yes, absolutely. Commissioner Plummer: It's a joke. Mr. Ventura: This is with a rule. Commission, this is the rule that we use and we enforce. Mayor Suarez: OK. What he's concerned about is our ability to enforce that, since you already said a couple of minutes ago that you weren't enforcing that seven and a half foot side setback for driveways... Mr. Rodriguez: But I want to... Mayor Suarez: ...which makes me wonder why we're about to pass, you know, a City ordinance when that one 1s not even being enforced, but... Mr. Rodriguez: To... Mayor Suarez: Supposing... What is the requirement of lot coverage? Is that related to the rain penetration and all of that, or is that aesthetic, or what = is the reason for that? 72 January 28, 1993 Mr. Rodriguez: It's a combination of factors. It's also to try to keep a character in the area. if you have a whole area .. Mayor Suarez: So, that would be aesthetic, et cetera. Mr. Rodriguez: Well, yeah. Mayor Suarez: And there is an environmental question. Right? l Mr. Rodriguez: Environmental, air... 4-- Mayor Suarez: And they're willing to abide by that. The variance, in regards to the setback seems like about as a close to a hardship as one could, in the sense that it's been going back and forth, ten to 20 feet, back to 20... — Corirnissioner Alonso: Yes. Mayor Suarez: ...or 20 to ten to 20. And she's obviously not someone who is particularly an expert. _ Commissioner Alonso: How did this come to our attention? Because I don't see any opposition from the neighborhood. Mr. Rodriguez: Do you have the history on... Mr. Juan Gonzalez: Juan Gonzalez, Planning, Building 8 Zoning Code Enforcement. Best recollection, probably, looking at the file, it's probably - a complaint from one of the neighbors and... Commissioner Alonso: A complaint? Mr. Gonzalez: A complaint from one of the neighbors. And the inspector, obviously, went up there and they started the Code Enforcement process. Mayor Suarez: That's when she had it as a... Commissioner Alonso: The neighbor, obviously, must be satisfied now - somehow... Mr. Rodriguez: Sometimes... Yeah. Commissioner Alonso: ...because they are not present at the... _ Mayor Suarez: No letters from anyone, apparently. Right? Commissioner Alonso: No. Mr. Gonzalez: No. No letters on file. It's probably a complaint to Citizen's Response Center. Mayor Suarez: OK. 73 January 28, 1993 AOL Mr. Rodriguez: We have a way, in this particular case, we have a lien running, already recorded, because we have a fine running already on this particular case. Mayor Suarez: OK. You might want to... Commissioner Alonso: How much? Oh, excuse me. Mayor Suarez: You might want to tell her that - and we're going to find out exactly how much - but she also has a lien for violations, so she's going to have to comply with that. Mr. Hidalgo: Yeah, she knows that. Mr. Gonzalez: Currently, the... her lien on the property is running at an excess of $36,000, as of today. Commissioner Alonso: Obviously, that's... How much is the property worth? Mr. Gonzalez: The property is approximately worth... Let me see the file, if I can find the tax printout. Mayor Suarez: If you're going to tell us what the tax assessment is, don't... Mr. Gonzalez: Well, yeah, that's the only thing. The assessed value of Dade County is total land value and building, $57,112. Mayor Suarez: You've got a bigger problem with the lien than you do with the variance here. Mr. Gonzalez: However, keep in mind.,. Mr. Rodriguez: Let me know, on that particular issue, if they were to come into compliance, either through correcting the mistake or by action by the Commission, and then at that point they can meet with our attorneys and try to come to a settlement on the issue of the fine. Mayor Suarez: All right. On the item before us, I'll entertain a motion one way or the other. That's PZ-1. Commissioner Alonso: Well, the other option that we have in front of us is we vote against the applicant. They will have to demolish the property and, as it was clearly stated, when she acquired the property it was in existence, the same size of the building. So, at least for one vote, I find it very difficult to move into that direction. I don't see objection from the neighbors at the present time. We have not received any letters to that effect. So, I will move to grant the variance as presented to us. Mayor Suarez: So moved. Mr. Joel Maxwell (Assistant City Attorney): This will be a motion reversing the decision... Mr. Rodriguez: Zoning Board. 74 January 28, 1993 PINK Commissioner Alonso: Reversing the decision of the Zoning Board. Mr. Maxwell: ...of the Zoning Board and granting the variance. Mayor Suarez: I'll second it. -- Vice Mayor De Yurre: We have a motion and a second. Let me ask a question, because here something is happening that nobody's addressed yet. That is that a contractor has come in, allegedly, and done interior work without pulling a permit, or anything of that nature. Now, what do we do about that? Mr. Rodriguez: Well, what she has to do now is, we can have no control as to who the people hire. She now has to comply with the South Florida Building �= Code. To do that... Commissioner Plummer: Within what period of time? Mr. Rodriguez: Well, that would... That could be part of your conditions. Commissioner Alonso: Yeah. I would like to add that to the... my original... Mr. Rodriguez: To do that, what they have to do... Commissioner Plummer: What do you consider to be reasonable for the work that is to be done that she must pull a CO (certificate of occupancy), because that means that she's got the compliance? Mr. Rodriguez: You can say, pull a permit within 30 days. Commissioner Plummer: No. Not pull the permit, to get the CO, to get the work done. Is that 90 days? Mr. Rodriguez: You can say... Commissioner Plummer: Is that reasonable? Mr. Ventura: Yeah. The building permit for 180 days. But you are right... Commissioner Plummer: That's... _ Mr. Rodriguez: Ninety days. Mr. Ventura: ...they need the CO, because it's a commercial... Commissioner Plummer: You're not listening to me, sir. Mr. Rodriguez: CO - 90 days. Commissioner Plummer: What is reasonable time for compliance to bring the - property in compliance? Is it... Mr. Ventura: Ninety days is enough. 75 January 28, 1993 Commissioner Plummer: Ninety days. Mr. Ventura: Yes, sir. Commissioner Plummer: So, they must have a CO within 90 days. Mr. Ventura: Yes, sir. Commissioner Plummer: And 1f they don't? Commissioner Alonso: Well, let me say something for the record. Today it's difficult to get a contractor to come and do work for... whatever amount of work. I don't know the extent of what has to be done at that property. So, maybe, in order to be realistic, and not having to have them back to us... Commissioner Plummer: A hundred and twenty? Commissioner Alonso: ...maybe 120 days... Commissioner Plummer: A hundred and twenty days? Commissioner Alonso: ...is more acceptable, and we can make it final. Commissioner Plummer: OK. Now, what fine did she have before Code Enforcement? Commissioner Alonso: Thirty-six thousand. Mr. Rodriguez: Thirty-six thousand. Commissioner Plummer: flow much? Mr. Rodriguez: Thirty-six. Commissioner Plummer: And how much of that thirty-six thousand is she going to pay? Wait a minute. Now long has this thing been pending in $36,000 worth of liens? Mr. Rodriguez: The affidavit of noncompliance was issued on May 14th of this year... of last year, excuse me, and... Ms. Edilma Castano: I'm sorry. I'm sorry. I don't speak English, I speak Spanish. Commissioner Plummer: Well, may I get an answer, please? Mayor Suarez: Wait, wait. Things are going well for you and... Commissioner Plummer: Let me ask the question. You're saying that this was started May... - Mr. Rodriguez: No. 76 January 28, 1993 - 3 Commissioner Plummer: ...of ninety... Mr. Rodriguez: No. The hearing date was on February 12th of last year. Commissioner Plummer: Last year? Mr. Rodriguez: Right. Ninety-two. Commissioner Plummer: So that means... Mr. Rodriguez: Then we gave her three months to comply. Ms. Castano: NO. PERO YO LE VOY A DECIR QUE... Commissioner Plummer: Wait a minute. Excuse me. February of last year, 12 months plus... Ms. Castano: YO A TI TE DI, CON TIEMPO YO TE 0I LOS PAPELES. AHORA SI... Mr. Rodriguez: No, it's not 12 months yet. Commissioner Plummer: OK. It's right about a year. Mr. Rodriguez: Almost a year. Commissioner Plummer: OK. So, in other words, in a year, nothing really has been accomplished except fines of $36,000. Is that correct? Ms. Castano: NO, ES QUE LA CULPA NO ES MIA PORQUE USTED PERDIO MUCHO TIEMPO... Mr. Rodriguez: And a lien. We put a lien on the property. Commissioner Plummer: Of $36,000. Mr. Rodriguez: Yeah. It accumulates. Yeah. Commissioner Plummer: OK. And that stays on the property and has to be paid. Mr. Rodriguez: Until it is resolved either through a payment or a settlement. Commmi ssioner P1 ummjer: Wait a minute. What do you mean settlement? Settlement of what? Mr. Rodriguez: Sometimes when the applicant can't find a solution to the problem, like today, if you... if either they come in compliance... Unidentified Speaker., Make them pay $36,000. Commissioner Plummer: Shut up. Mr. Rodriguez: If they come into compliance by correcting the problem, or by an action by the City Commission granting a variance... 77 January 28, 1993 Commissioner Plummer: But wait a minute. Who gives them relief of the $36,000? Mr. Rodriguez: The City Attorney, based on your action. _— Commissioner Plummer: And why would he give any relief? I don't understand. Commissioner Alonso: That's the system. Mr. Maxwell: That would be all part of settlement negotiations. It would depend on the circumstances... Commissioner Plummer: Excuse me. If this matter has been running for a year in noncompliance, and the fines assessed are $36,000, and a lien has been — filed, why would you settle? Now, had they settled back in the first month and got into compliance, I would say, you know, that's a different ball game. Mr. Maxwell: There are a lot of reasons why you might want to settle, Commissioner Plummer. And again, it would depend on the facts of each particular case, but you could have a fine that would exceed the value of the property and have no chance of... Commissioner Plummer: Well, that doesn't surprise me in the way that they operate the Code Enforcement. Mr. Maxwell: However... Commissioner Plummer: They've got $50,000,000 in liens. Mr. Rodriguez: That's why. Mr. Maxwell: May I... Commissioner Plummer: Which means nothing if this lien is $36,000 and now you're telling me you're going to settle it. Mr. Maxwell: Well... Commissioner Plummer: How much would you settle it for? What would be... Mr. Maxwell: I don't know, but if I may... If I may finish, again, 1t would depend on each situation. If... In this particular case, it may be that this particular couple may live there for another 50 years, or the family may keep the property for another 50 years and not be sold. It's in the City's best interest, at that point, to settle. We would never get any money otherwise. Commissioner Plummer: All right. Knowing the particulars in this case, what would you say would be a reasonable settlement? Mr. Maxwell: I could not answer that, because I'm not familiar with all the facts of this particular case. Commissioner Plummer: Well, somebody ought to be able to answer it... 78 January 28, 1993 Mr. Maxwell: ...so that we have... Commissioner Plummer: ...so that we could know that it is... Ms. Castano: A MI ME DIJERON QUE NO. Commissioner Plummer: ...you know, that there's going to be... Look, if you don't use the clout of Code Enforcement, people are going to continue, as they are today, to laugh at you. Now, the only time people are going to comply is when you kick them in the wallet. All right? Now, I don't want to pick on this particular, but we've got $50,000,000 of liens that we are spending $1,000,000 a year to accumulate. I don't know what you're going to do with $50,000,000 worth of liens. But we're spending $1,000,000 a year in Code Enforcement and the only... You can't spend liens. Now, you should be able to tell me - excuse me - this Commission, what would be the settlement of this particular case? Is it 50 percent? Is it 10 percent? A. Quinn Jones III, Esq. (City Attorney): Commissioner, let me see if I can shed some light on this. This whole process of... Mayor Suarez: Can you give him a range, Mr. City Attorney? Coffnissioner Plummer: Yeah. Give me an idea. Mr. Jones: Mr. Mayor, I can't give you a range. If you'd let me complete my statement, perhaps I can explain this situation. You have to keep in mind that the whole purpose of letting the fines, Code Enforcement is not a revenue builder for the City, it's to bring these people into compliance. As was indicated to you, if we can work out an agreement where they will come in to compliance, and have one less case to carry, or whatever else, it depends on the circumstances, the ability of the parties to pay, whatever... sometimes we take 50 percent of the fine, sometimes it's 10 percent. It depends on the ability of the parties to pay and what the City and the Administration is willing to accept. As... Commissioner Plummer: What a waste! Mayor Suarez: The fines, in some cases... Commissioner Plummer: It's a waste. Mayor Suarez: ...are unrealistically high... Mr. Jones: Yeah. Mayor Suarez: ...if your objective is to get people to comply. If your objective is to make a lot of money, and there are some Commissioners up here who do have that objective... Commissioner Plummer: Well, would it be reasonable on the variance that we say that the fine be "no less than"? Mayor Suarez: Can we do that? 79 January 28, 1993 Commissioner Plummer: Sure we can. I'm sure we can. Mayor Suarez: I'm just asking the City Attorney. Mr. Maxwell: You... Commissioner Plummer: Put any stipulation you want on a variance. Mr. Jones: Well, certainly. But my only concern is that then you're going back and what you've given to handle in the province of the City Manager and myself, as to determine what's reasonable. And, certainly, you can sit here and set whatever fine you want. The parties may not be able to pay it. You know, that.,. Those are the limitations you have. Mayor Suarez: Can we do it, is his question. Can we legally do it? Mr. Jones: Sir, if you want to, certainly you can. Mayor Suarez: There we go. Mr. Commissioner, we have a motion and a second. Commissioner Dawkins: Under discussion. Mayor Suarez: Yes, Commissioner Dawkins. Commissioner Dawkins: If you... Mr. Jones: You could... Commissioner Dawkins: ...say you're going to do 50 percent, 20 percent, ten percent, and I have a $55,000 house, and the lien is $110,000, do you think that I'm going to give you $110,000 for a house that's $55,000? Commissioner Plummer: No, sir. Not... Commissioner Dawkins: So, therefore, that's why the City Attorney's office... Mr. Jones: Yeah. Commissioner Dawkins: ...is given the flexibility to work with the citizens, not to deprive the citizens of their shelter, but to force them into compliance, and once they have complied, penalize them for not having complied earlier. Commissioner Plummer: Then, to my colleague, do you think that it would be reasonable that we attach a stipulation - no less than 25 percent? Mr. Jones: Commissioner, you can recommend that. Keep in mind, also, that — any settlement that's reached goes back to the Code Enforcement Board for approval, because that's strictly within their purview. Commissioner Plummer: No. Well, we can attach to the approval, if it's _ anything less than that, that it's not approved. 80 January 28, 1993 Mr. Jones: Well, it's up to the Code Enforcement Board. It's not your... It's not within your authority to approve it. It's really the Code Enforcement Board that has the authority to approve it. Commissioner Plummer: Excuse me. If it is not... Vice Mayor Be Yurre: J.L., unless we're willing to set policy in, you know, formulating an ordinance saying that we will take no less than X percent on settlements, then that's the only... That's what you're talking about. Commissioner Plummer: Well, I have no problem with that, Victor. I just think that it's very foolish where we're spending $1,000,000 a year for Code Enforcement and the only thing we've got to show for it is $50,000,000 in liens, which every time you turn around, they settle. I mean... Vice Mayor Be Yurre: Well, because do you know what happens is, realistically speaking, that the fine.. What is it, 250 per day? How much is it? Mr. Rodriguez: One fifty per day. Mr. Gonzalez: One fifty. Vice Mayor Be Yurre: OK. One fifty per day is unrealistic. Commissioner Plummer: Well... Vice Mayor Be Yurre: And that is the problem. How many people have actually paid the $150 per day? Mr. Rodriguez: We get compliance in 85 percent of the cases. Commissioner Plummer: Excuse me... Vice Mayor Be Yurre: How many people pay the $150 per day? Mr. Rodriguez: I don't know here. I can't give you an answer. Vice Mayor Be Yurre: Well, I can bet you it's this much. Mr. Rodriguez: Because many people try to pay at the beginning. Vice Mayor Be Yurre: OK? Commissioner Plummer: It's a joke. The thing is... Vice Mayor Be Yurre: OK. So, maybe we can change things and be more forceful about it and say, hey, it's going to be $15 a day or $25 a day and there's no settlement, and that's the end of that. Commissioner Plummer: Can I ask a question? Mr. Bad Sergio, how much money was actually collected from fines enforced by Code Enforcement last year? Mr. Rodriguez: I believe it's close to $150,000. 81 January 28, 1993 Commissioner Plummer: We spent $1,000,000 and we got back $150,000. fines were imposed last year? Mr. Rodriguez: I don't have the figure... Commissioner Plummer: Over $10,000,000 in fine. Mr. Rodriguez: But remember, we're not trying to collect money. Commissioner Plummer: And you collected $150,000 in fines. Vice Mayor De Yurre: Well, it's not a money -making program. Commissioner Plummer: What I'm... I'm not saying that, but the only way they're going to listen to you is with clout. Commissioner Dawkins: But there again, J.L., was the issue to make money or to bring homes in the City of Miami up to the Florida... South Florida =- Building Code? Commissioner Plummer: That was definitely... w- Commissioner Dawkins: Now, what we need to find out is, of the fines... No, I mean of the things found wrong, if by finding them wrong and having them corrected, did we make the living style in the City of Miami better? If so, then it's worth the money that we paid. If not, the I agree with you, the money was thrown away. Vice Mayor De Yurre: OK. I'll call the question. Commissioner Alonso: I have some comments, because we have made many remarks and it's rather confusing for the general public, and I think that we should make some sense in some of the items. When these people were cited the first time, do you have the date? When they went to the Code Enforcement Board the first time? Commissioner Plummer: That was February. Mr. Rodriguez: They went to the Code Enforcement and the last hearing date was on February 12th of 1992. Commissioner Alonso: OK. They knew quite well... Commissioner Plummer: And what... She asked the other question. Commissioner Alonso: They knew quite well, at that time, that these people were not going to demolish the property. Mr. Rodriguez: I don't know that. Commissioner Alonso: And we knew... The system knew, the Code Enforcement knew, this is their home. Now could you ask a citizen to just demolish, without going through the process and coming tr. the last resort to get some relief. 82 January 28, 1993 Commissioner Alonso: They should be informed, at that time, rather than playing this Mickey Mouse process s apply and go to the City Commission, in order to see if you can obtain a variance. Mr. Rodriguez: We will tell them that. Commissioner Alonso: That's the process. Why wait and make the public believe, and this family, and all of us, that we're imposing this horrible fine, when at the end, when these people come to us and they show to us proof that they own this property... $56,000, or so, property... $36,000 in fines, are we going to tell them, tear down the property that you acquired... the same site, she didn't build this duplex, it was there. Mr. Rodriguez: Yeah. But if I may clarify something for the record... Commissioner Plummer: She tried to make it a triplex. Mr. Rodriguez: ...they were given from February 12th... Before that, when they were cited, they were given so many days to comply. Commissioner Plummer: How many? Mr. Rodriguez: They're looking into the record. OK. ...so many days to comply, before... Commissioner Plummer: Did they comply within that period? Mr. Rodriguez: No. Let me finish one second. Commissioner Plummer: OK. Mr. Rodriguez: Before they went to the Board, on February 12th, they were given three months to comply. Commissioner Plummer: OK. Mr. Rodriguez: OK? Until May 14th of 1992. Commissioner Plummer: OK. Commissioner Alonso: Sergio, were they told, "Demolish the property. That's the only way to comply." Mr. Rodriguez: They were told they had to make the corrections. Commissioner Alonso: What were they told? - Ms. Slazyk: To apply for... Commissioner Alonso: Comply how? 83 January 28, 1993 Unidentified Speaker: To apply for a variance. Mr. Rodriguez: They had two options. Commissioner Alonso: Apply for a variance. They didn't do it. Mr. Rodriguez: Let me see what it says. fright, let me say that the first notice of violation that was given to them was October 31st of 1991. And they were given violation... Commissioner Plummer: It's a bigger joke. Mr. Rodriguez: ...and they were told that they had three units, that's the reason there are two units only. Commissioner Alonso: OK. Commissioner Plummer: belt... Mr. Rodriguez: OK. So you accomplished something already. Commissioner Alonso: She complied. Mr. Rodriguez: You accomplished one thing already. Commissioner Alonso: In that sense, she complied. Mr. Rodriguez: OK. Commissioner Alonso: OK. Commissioner Plummer: I guess it's not a joke. That was actually Halloween, right? Mr, Rodriguez: That's Halloween. Trick -or -Treat. Commissioner Plummer: Yeah. Commissioner Alonso: And then at the Code Enforcement they ware told what? Apply for a variance? Mr. Rodriguez: Juan... Commissioner Alonso: Did they apply immediately or what? Mr. Gonzalez: The original violation was issued on October 31st, 1991... Commissioner Alonso: Yeah. But she complied with that. Mr. Gonzalez: She complied partially. She never got the permit for working without a permit. On February 12th, 1992 that's when they were taking her in front of the Code Enforcement, which is only informed about three and a half months later, which is routine. If they don't comply within 60 to 90 clays, we take them in front of the Board. At that time, the Board found them guilty. 84 January 28, 1993 The Board gives them a certain amount... a period of time to come into compliance. In that time frame 1s when she has to legalize that addition that was built when she bought the property. In that time frame, she realized that, obviously, what was built came into violation of the setbacks. Then she goes through the procedure, first obtaining a variance from the Zoning Board. At that time, obviously, the Zoning Board denied the variance and they're in front of you today due to that appeal of the Zoning Board. If you look at the time frame from each board and the amount of action taken, it may seem like a long time, but that's the due process of what one goes through for each board to come up before the City Commission. So, obviously, they're in front of you today, not because we, the first day we cited them, told them you're going to have to go to the Commission to resolve this. We told them resolve this. They're in front of you today because, obviously, they have a problem on the property, which they cannot resolve, which is the setback problem. Commissioner Alonso: And they couldn't expedite the process any longer... Mr. Rodriguez: And, basically, the reason... Commissioner Alonso: ...because they have to go through Zoning Board and apply... Mr. Gonzalez: Exactly. Exactly, Commissioner. Commissioner Alonso: ...and wait to be placed on the agenda and so on. Mr. Gonzalez: Exactly, Commissioner. In other words... Mr. Rodriguez: And the reason you have action is because we put a lien on the property. Mr. Gonzalez: ...it may seem like a long time, but it's the natural routine of time it takes to go to board from board to board. Commissioner Plummer: Is... Commissioner Alonso: In reality, they couldn't expedite the process. —= Mr. Gonzalez: It's very difficult. Commissioner Alonso: It was not within their power. Mr. Gonzalez: It's not within their power. Commissioner Plummer: Is, today, the property in compliance? Mr. Gonzalez: No, sir. Mr. Rodriguez: No. Commissioner Plummer: Fifteen months from the date they were first cited, and they're still not in compliance. 85 January 28, 1993 Mr. Gonzalez: And they can not get into compliance, unless you give them an appeal of the variance, or they knock down the building. Commissioner Plummier: And you're telling me you're doing as good ,job. — Mr. Gonzalez: We try, sir. And we believe we are. Commissioner Plummer: What a waste of taxpayers' money! Co:rrmissioner Dawkins: What prevents them from coming into compliance, other s. than demolishing the building? =- Mr. Gonzalez: Basically, that's... If they don't obtain this variance, basically the... Commissioner Dawkins: What variance of what? Mr. Gonzalez: An appeal for the setbacks. In other words... Commissioner Dawkins: For the set... Now, the setback is the only noncompliance at this time? Mr. Gonzalez: Yes. Yes, sir. And... Well, the setbacks and the parking area. _ Commissioner Plummer: Well, no. There are others, but they've agreed to change it. Commissioner Dawkins: Beg your pardon? Mr. Gonzalez: The three variances. In other words, the oversized parking area, the paved and the setbacks of the building. - Commissioner Dawkins: So, you're in error when you say there is only one area of concern. There are three areas they have to get to come into compliance. Mr. Gonzalez: That is correct. I correct myself. That is three areas. Commissioner Dawkins: Or get variances for the three areas. Mr. Gonzalez: That is correct, sir. Commissioner Plummer: Two, they said they'd agreed. Commissioner Alonso: No, they agreed to change the other two. Commissioner Dawkins: One of them... = Conanissioner Plummer: Two they agreed to do. Commissioner Dawkins: One of them is impossible and that is... Mr. Gonzalez: The setback. 86 January 28, 1993 0 Fa Commissioner Dawkins: ...demolishing the building. Right? Mr. Gonzalez: That is... It's not impossible, but it's a hardship on their part. Commissioner Dawkins: It is... No. Mr. Gonzalez: On their part. Commissioner Dawkins: It's impossible. If they demolish the house, then you want them to go under 395... Mr. Gonzalez: Well... Commissioner Dawkins: ...with other homeless people. Come on. Mr. Gonzalez: They... Just the portion of the house that they're violating the setback, which is those ten feet. Commissioner Dawkins: OK. How... What would they have to do to be in compliance with the paved area? Mr. Gonzalez: The would have to reduce it. However... Commissioner Dawkins: Reduce it how much or what? Mr. Gonzalez: They run into another problem. They're required a certain amount of parking, once they convert to a duplex. And reducing that paving might get them into that problem. I don't know if reducing the paved area... Commissioner Dawkins: All right. I'll ask my question again. Mr. Gonzalez: How much is it, 40 percent? Commissioner Dawkins: How much of the paved area would they have to dig up and plant in grass... Mr. Gonzalez: They would... Commissioner Dawkins: ...to be in compliance with the paved area? Mr. Gonzalez: Nineteen percent. Commissioner Dawkins: Nineteen percent. OK? Now... So, if we gave a variance on the setback, and they agreed to dig up 19 percent and put grass, now where are we? Now we've got the parking. The parking, right? Mr. Gonzalez: It would leave them on the third variance. Commissioner Dawkins: No, no. Now we've got the parking, right? Mr. Gonzalez: Right. Eh January 28, 1993 d Commissioner Dawkins: Now, what concessions would have to be made by this Commission, in order for them to be in compliance with the parking? Mr. Rodriguez: Grant the variance. Commissioner Dawkins: Beg your pardon? Mr. Rodriguez: You have to grant that variance. Allow them not to fulfill the requirement. — Commissioner Dawkins: Not to what? Mr. Rodriguez: Not to fulfill that requirement. Commissioner Dawkins: OK. Mr. Rodriguez: Basically, grant the variance on that case, that's what you'd have to do, if you want to approve it. Commissioner Dawkins: All right. If... 5o... All right. If we... Commissioner Plummer: If they had a title search, they would have never had the problem. Commissioner Dawkins: ...tell them to put grass... Commissioner Plummer: A title search would have eliminated all of this. Commissioner Dawkins: ...in 19 percent of the paved area, then we tell them, now you can park your cars on the grass area, instead of the paved area. Is that what you're telling me? What are you telling me? Commissioner Plummer: What he's telling you is they can't comply. Mr. Gonzalez: Obviously, Commissioner, that's the dilemma facing them. They would have to reduce the paved area to 19... by 19 percent to 40 percent. They would have to find parking for four automobiles as required in a duplex zone for two units. Commissioner Dawkins: All right. How many parking... How many vehicles do they have parked? Mr. Gonzalez: I don't know how many they have. Mr. Rodriguez: They... Commissioner Dawkins: OK. How many... Well... Mr. Gonzalez: They're required four. Commissioner Dawkins: How many parking spaces will they be allowed? Mr. Gonzalez: 'they're required four. January 28, 1993 r'.�• _.. .:......m.o-..,..egv.�...�cr _ _ .. { ._ee mre�..w�.x.,m..ee.+..-. YfY., - nnebrwd.OVrrikYM'r4S+^'Y:.w.Hl:9i� - Commissioner Dawkins: Four? They're required four. - Mr. Gonzalez: Yes, sir. Commissioner Dawkins: And they have how many? They're required four and they have how many? Mr. Gonzalez: Ruben, would you know how many cars that your client has? Mr. Hidalgo: She has two cars. Mr. Gonzalez: They have two, Commissioner. They're required four. Commissioner Plummer: No, how many spaces are provided? Commissioner Dawkins: They have two parking spaces or two vehicles? = Mr. Gonzalez: No, they have two vehicles. They're required four. Unidentified Speaker: Four spaces. 2, —= Mr. Gonzalez: Four spaces. Commissioner Dawkins: OK. Well, if they only have two vehicles, why are we in argument when they... they can't... they don't need to park two vehicles over four parking spaces. _ Mr. Gonzalez: No, Commissioner, but by ordinance, they're required two for _ each unit. Commissioner Plummer: No, the Code calls for four. - Commissioner Dawkins: Beg your pardon? _ Mr., Gonzalez: By ordinance, they're required two for each unit. Commissioner Plummer: Right. = Mr. Gonzalez: In other words, that's where the total four comes out. Commissioner Dawkins: Yeah. But, we could... I mean, if we grant the variance, which I don't know you will, and they've only got two cars... I = mean... - Mr. Rodriguez: Because if they have any visitors, the visitors will be able to park in the paved area, for example. Commissioner Dawkins: In the streets, like everybody... all other people. 'dice Mayor De Yurre: OK. Any further questions? Mr. Rodriguez: And she has something else. I believe she said she has two Fv Gars, but I don't know whether her other tenant might also have cars. { ` 89 January 28, 1993 U Commissioner Dawkins: Oh, OK. Commissioner Plummer: And where are they going to park? Vice Mayor Be Yurre: OK. We have a motion on a second. Commissioner Dawkins: What's the motion? Commissioner Plummer: be paid? Does it contain a percentage of the amount of fine to - Vice Mayor Be Yurre: No. Commissioner Alonso: No, it does not. Commissioner Plummer: It does not. Vice Mayor De Yurre: When... Who was the movant? Commissioner Alonso: I did. Vice Mayor De Yurre: And your motion was? Commissioner Alonso: To approve, of courses subject to verification that it meets the requirement of the South Florida Building Code. Commissioner Plummer: Within 120 days? Commissioner Alonso: Yes. Commissioner Plummer: And you do not address the fine? Commissioner Alonso: I did not. Commissioner Plummer: OK. Mr. Rodriguez: With a CO... I believe you said CO. Commissioner Alonso: I left that to the discretion of the Legal Department and the Manager, as in the past. Mr. Rodriguez: But I believe you said a CO, specifically, within... Commissioner Plummer: CO in... Commissioner Alonso: ...the CO, they will have to... Vice Mayor De Yurre: A CO in 120 days. Mr. Rodriguez: One hundred and twenty days. Commissioner Alonso: Yes. Commissioner Plummer: Within 120 days? 90 January 28, 1993 Vice Mayor De Yurre; OK? No further comment? Please, call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY MAYOR SUAREZ, ITEM PZ-1 FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Dawkins: I know they have a problem, but some kind of way out... I'll have to vote with the Administration and vote no. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: OK. PZ... Vice Mayor De Yurre: Two. Ms. Slazyk: PZ-2 is an appeal... Commissioner Plummer: Mr. Mayor, just for... Commissioner Alonso: It is important that these people understand. I think their faces... they don't really understand what has happened and I think we should explain to them briefly what happened. Commissioner Plummer: Just for the record, Mr. Mayor... Mayor Suarez: Yeah. Commissioner Plummer: ...if they are willing to pay... Commissioner Alonso: They got two votes in favor and... Commissioner Dawkins: Three against. Commissioner Alonso: ...it didn't carry, so you lost. Commissioner Plummer: Mr. Mayor, for the record, if in fact they are willing to pay a percentage of the fine, I would change my vote. Mayor Suarez: Well, at that point, then I would need to have withdrawn the prior motion, the prior vote and table the item and that all can be negotiated by staff. 91 January 28, 1993 ri'ys:.,"'� Camis.sioner Alonso: Yeah. Maybe they can go out, negotiate and come back. Commissioner Plummer: That's fine. Mayor Suarez-, He says maybe he can switch his vote. Commissioner Dawkins: But, Mr. Mayor... OK. Commissioner Dawkins: But to do that at the tail end of the vote like that realty complicates things. Commissioner Plummer: I'm sorry, sir. I withdraw my offer. Commissioner Dawkins: No, I think, J.L., that we haven't heard a thing from the owner of the house. Maybe if heard from the owner... I don't know. Mayor Suarez: All right. Commissioner Dawkins: But like the Mayor says, maybe they should go out, with the owner and listen... let the owner and staff talk It over and bring it back and see if there's a difference. I don't know. Mayor Suarez: The motion was made by... Commissioner Plummer: I'll agree to that. Commissioner Alonso: I made the motion. Mayor Suarez: And I seconded. Commissioner Plummer: I'll agree to that. Commissioner Alonso: And you seconded it. Mayor Suarez: OK. Do you want to... Commissioner Alonso: The two of us, we voted in favor. Mayor Suarez: Right. Do you want to move to reconsider, or withdraw your motion, so that we can get back to before the vote? Commissioner Alonso: I'll be happy to do so, but I think it's better if they go out, come back with an answer... Mayor Suarez: Yeah. I just want to make sure we can do it procedurally. Commissioner Alonso: ...and I'll be happy to move to... Mayor Suarez: All right. You have... Mr. Maxwell: Procedurally, Mr. Mayor... Mayor Suarez: ...one last shot at this. 92 January 28, 1993 !a yY Mr. Maxwell: You've already voted. Mayor Suarez: You got pretty close to a majority, so... Commissioner Plummer I'll move to reconsider and table. Mayor Suarez: Thank you. Seconded by Commissioner Alonso. Commissioner Alonso: Yes. Mayor Suarez: Cali the roll on the motion to reconsider. Commissioner Plummer: Yeah. I was on the prevailing side. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-62 A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN ON AGENDA ITEM PZ-1 (PROPOSED RESOLUTION APPEALING ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW A REAR YARD SETBACK OF 10 FEET (20 FEET REQUIRED), 59 PERCENT OF PAVED AREA (MAXIMUM 40 PERCENT ALLOWED), AND A PROPOSED PARKING STALL AT THE FRONT PROPERTY LINE (WITHOUT THE REQUIRED SETBACK OF 7 FEET 6 INCHES), FOR AN EXISTING ADDITION TO A DUPLEX AT APPROXIMATELY 121- 12E N.W. 56 COURT.) Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: OK. You've got a little time to work this out... Commissioner Plummer: You've got a breather. Mayor Suarez: ...somebody from staff. Commissioner Dawkins: ...with the Administration and try to work that out. Mayor Suarez: OK? Commissioner Alonso: OK. 4f 93 January 28, 1993 y, Mayor Suarez: PZ... It usually... I won't say it. - - -+- --- --_ -------------------------------------------- ------ ------ 14. CONTINUE TO MEETING OF MARCH 25TH (AT REQUEST OF APPLICANT AND APPELLANTS) PROPOSED RESOLUTIONS TO APPEAL SPECIAL EXCEPTION GRANTED BY ZONING BOARD: (a) TO PERMIT A JOINT PARKING FACILITY AT APPROX. U.S. 1 AND 27 AVENUE, AND (b) TO PERMIT A GASOLINE STATION AT APPROX. U.S. 1 AND 27 AVENUE (PZ-11 AND PZ-12) (Applicant: Resolution Trust Corp. Appellant: J. Confalone, N. Grove & C. Grove Sta. Apartments). ------------------------------------------------------------------------------ Mayor Suarez: I'm sorry, an announcement. PZ-11 and PZ-12. Commissioner Dawkins: Mr. Mayor, before we... Commissioner Plummer: What about them? Mayor Suarez: Wait. I have to advised that both... the counsel for both sides... Commissioner Dawkins: Eleven and 12? Mayor Suarez: ...right, wish to continue the item. Now, if there are people here on PZ-11 and PZ-12, and unless you tell me otherwise, if they're here, I don't see any need for them to stay around for PZ-11 and PZ-12... Mr. Sergio Rodriguez (Assistant City Manager): Right. Mayor Suarez: ...because I can't imagine any circumstance by which we would not grant that request. Mr. Rodriguez: The request... �( Commissioner Plummer: You're saying counsel for both sides want the — deferment? Mayor Suarez: Right. Now, there are.. Mr. Rodriguez: Right. Commissioner Plummer: But what else? Mr. Rodriguez: The request, so that it will be on the record, is by Herminio 0 San Roman, the attorney for the applicant and it had been agreed to by Mr. _ John Fletcher, who is also the attorney for the appellant. And the request is - for 60 days - correct? - continuance. So, we're talking about March 25th. If — you agree with that request... i Commissioner Dawkins: So moved. l� Commissioner Plummer: Second. 94 January 28, 1993 Mayor Suarez: Moved and seconded. Commissioner Plummer: Well, wait a minute. Excuse me. Is there anybody... Because there's a lot of people down here on this issue. Has anybody here got a major problem with that? OK. Fine. Commissioner Dawkins: OK. Call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, ITEMS PZ-11 AND PZ- 12 WERE CONTINUED TO MARCH 25, 1993 BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. DISCUSSION - MOTE: AT THIS POINT, THE CITY COMMISSIONTEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER A NON -AGENDA ITEM.] ---------------------------------------------------------- 15. COMMISSIONER DAWKINS REQUESTS ADMINISTRATION TO INFORM AS TO TOTAL NUMBER OF POLICE OFFICERS ASSIGNED TO LIBERTY CITY ON SATURDAY AND SUNDAY -- ITEM TABLED. Commissioner Dawkins: Mr. Mayor, I ask... Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor... Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: I ask that the Administration come back and tell me how many... at 5:30, how many POP (Push Out the Drug Pushers) policemen were on duty in Liberty City. Where are they? Mr. Rodriguez: Let me try to get somebody from the Police Department. Commissioner Dawkins: No, that's all right. No, they... You don't have... They were supposed to be here. That's OK. Thank you, Mr. Mayor. — t! 95 January 28, 1993 few't°vmwWeu�MNtaWt°v�Nr!"^` r ;} ?. h c Mayor Suarez: All right. Thank you. I guess the silence 1s deafening on your question. 1�1TE:- --AT- THIS POINT,~ THE - CITY COMMISSION RESUMES OF ITEMS ON THE PLANNING AND ZONING PORTION C DERATION OF THE AGENDA.] 16. CONTINUE TO MARCH 25TH MEETING PROPOSED RESOLUTION TO APPEAL VARIANCE DENIED BY ZONING BOARD AT: = __ (A) [PZ-15] 3145 COMMODORE PLAZA (Applicant: Walter S. Falk. Appellant: Juan Valverde Dominguez). (B) [PZ-13] 3036 GRAND AVENUE (Applicant: Richard Peacock. Appellant:_ Kenneth Eldridge).` (C) [PZ-14] 2957 FLORIDA AVENUE (Applicant/Appellant: Carlo Fontanesi). ---------------------------------------------------------- --------------------- Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor? -` Mayor Suarez: Yes. 2 = Mr. Rodriguez: I also want to make an announcement that we received a request on PZ-15, from the owner. He sent a fax, explaining that he was sick, and requesting that you could continue that item. - - Mayor Suarez: Is there anyone here on item PZ... Mr. Rodriguez: Fifteen. Mayor Suarez: ...fifteen that would... Commissioner Plummer: Well, let me ask a question. Mayor Suarez: ...have a problem with the continuance? It isn't usually the case that somebody gets sick. They presumably aren't represented by counsel. Commissioner Plummer: There are two of these items on the agenda. May I inquire? I thought we were putting these off until a study was done. Mr. Rodriguez: Right. And you have the study already done and you have on the agenda today, a recommendation from the Administration on how to deal with the parking issue throughout the Grove. _- Commissioner Plummer: And is that prior to these items? - Mr. Rodriguez: It's on the agenda after this item... - Commissioner Alonso: After. 96 January 28, 1993 Mr. Rodriguez: ...because you asked us... Commissioner Plummer: Does that make any sense to you? Mir. Rodriguez: No, but that's what you told us to do. Commissioner Alonso: None at all. Commissioner Plummer: But I mean... What I'm saying is, should we talk about the parking problem after we grant these? Mr. Rodriguez: No. Commissioner Alonso: No, we should not. Mr. Rodriguez: But you asked us to put any items of the Administration after the request by the applicants, and that's why they are shown on the agenda the way they are shown. Commissioner Plummer: In other words, you don't have the know-how or the ability to understand that you talk about the problem before you talk about the applications. Mr. Rodriguez: We will follow whatever you desire, Commissioner. Commissioner Plummer: Yes, I'll buy you a set of blinders that will make sure your don't deviate in the future. Commissioner Alonso: Well, the proper thing is to take care of that quickly and then move on to the solution. Mr. Rodriguez: But it's up to you... Commissioner Plummer: He's asked for a deferment. Now, what do you... How do you address that? Commissioner Alonso: In that case, you have to do that. We will address that when it comes to us. Mr. Rodriguez: ©K. I was referring to PZ-15, specifically. Commissioner Plummer: Yeah. Commissioner Alonso: We can always turn it down then. Mayor Suarez: OK. What's the story now on that one? Do we now set anything in regards to it, or are we going to... Mr. Rodriguez: There was a request from the owner to please continue the item, until the next Commission... Commissioner Plummer: Is there anybody in the audience who is objecting to the deferral of item PZ-15? -, 97 January 28, 1993 w; r Mayor Suarez: OK. Let the record reflect that no one stepped forward. Commissioner Plummer: No one stepped forward. Mayor Suarez: I'll entertain a motion to continue. Commissioner Plummer: I move that the deferral be granted for one meeting. Mayor Suarez: All right. So moved. Mr. Rodriguez: Could you matte it to the Planning and Zoning meeting? Mayor Suarez: Yes, the Planning and Zoning is what he means. Commissioner Plummer: Of course. Mayor Suarez: Yes. Commissioner Plummer: February the 25th. Mr. Rodriguez: ...fifth. Mayor Suarez: Yes. Yes, we assume that. Commissioner Plummer: A definite date. Mayor Suarez: Yes. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, ITEM PZ-15 WAS CONTINUED TO FEBRUARY 25, 1993 BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. NOTE FOR THE RECORD: PZ-15 was later continued to March 5, 1993. 98 January 28, 1993 Commissioner Plummer: Now, what about the other one? Ms. Lucia Dougherty: Commissioner Plummer... Commissioner Plummer: Lau, do you want to defer yours? Ms. Dougherty: ...PZ-13 is in exactly the same situation. Commissioner Alonso: Which one? Ms. Dougherty: PZ-13 is in the same situation. We would ask for a deferral. Coconut Grove Civic Association agrees and... Commissioner Plummer: PZ-13. Mr. Rodriguez: You want a continuance until when? Ms. Dougherty: I would say two months. Mr. Rodriguez: Sixty days? Ms. Dougherty: Sixty days, yeah. Mr. Rodriguez: Like the other one. It would be March 25th. Commissioner Plummer: All right. Is there anybody here who would object to a deferral of PZ-13? I so move. Mayor Suarez: So moved. Ms. Dougherty: And Commissioner, PZ-25, John Fletcher is here on that. Commissioner Plummer: Wait, wait. Mayor Suarez: Could we please... Commissioner Plummer: Let's get one at a time. Mayor Suarez: ...act on PZ-13, Counselor. Commissioner Alonso: Yeah. Second. Mayor Suarez: Seconded. Call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, ITEM PZ-13 WAS CONTINUED TO MARCH 25, 1993 BY THE FOLLOWING VOTE: 99 January 28, 1993 AYES: Commissioner Miriam Atonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now... John Fletcher, Esq.: But I think we ought to raise it anyhow. Mr. Rodriguez: As to PZ-25, I think you should wait until 6:00 o'clock. Commissioner Plummer: Wait a minute. Lou, do you want yours deferred? Mayor Suarez: We will deal with PZ-25 after 6:00 p.m. Commissioner Plummer: I... Is there anybody here who would object to PZ-14 being deferred, which is another one of the parking scenarios? Mr. Rodriguez: Continued. Commissioner Plummer: Continued, of course. Mr. Rodriguez: To March 25th. Commissioner Plummer: To March - whatever. Mayor Suarez: So moved... Commissioner Plummer: I so move. Mayor Suarez: ...by Commissioner Plummer. Seconded, Commissioner... Commissioner Plummer: Well, wait a minute. Wait a minute. Commissioner Alonso: We already do that. Commissioner Plummer: We put one to February the... Mr. Rodriguez: No. Mayor Suarez: Yes, we did. Eleven, 12 and 13. This is 14 now. Mr. Rodriguez: These three items have been continued to March 25th. Commissioner Plummer: OK. Mr. Rodriguez: The one that you moved to February was the one on... You are correct. 100 January 28, 1993 Unidentified Speaker: Yeah. If you want to keep them... Commissioner Plummer: So, we should take them all together. Mayor Suarez: The only one we... Unidentified Speaker: You need to move the... Mayor Suarez: The onlj one we did for one month... we meant to do for one month, was the person who was sick. But the ones where the two sides are trying to come to some kind of an agreement, we've done for two months, we thought. Commissioner Plummer: No, this is... PZ-15? What was the one that the guy asked for that was sick? Fifteen? Ms. Dougherty: Fifteen. Mr. Rodriguez: He asked... Yeah. Commissioner Plummer: And we moved it to February? Mr. Rodriguez: Right. Commissioner Plummer: Why don't we move it to March and make all three of therm on March... Mr. Rodriguez: Twenty-fifth. Commissioner Plummer: ...the 25th and that way we can handle it as a one ball of wax. Mayor Suarez: All right. So moved. Commissioner Plummer: Old. I so move. Mayor Suarez: Seconded. Call the roll. Commissioner Plummer: Fifteen is deferred, thirteen, fourteen... THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER ALONSO, ITEMS PZ-13, PZ-14 AND PZ-15 WERE CONTINUED TO MARCH 25, 1993 BY THE FOLLOWING VOTE: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 101 January 28, 1993 ------------------------------------------------------------------------------- 17. REVERSE DECISION OF ZONING BOARD -- GRANT VARIANCE TO ALLOW A SIDE YARD SETBACK ON EXISTING ADDITION TO PROPERTY AT 4675 N.W. 7 STREET (Applicant: Portofino III, Inc. Appellant: Jorge Artiles). Mayor Suarez: PZ-2. Commissioner Plummier: About two more resolutions and we'll go home. Mayor Suarez: Appeal of Zoning Board's decision. Ms. Lourdes Slazyk: Yeah. PZ-2 is an appeal of a variance that was denied by the Zoning Board, again for an existing addition to a commercial structure at 4675 NW 7th Street. The variance was for a reduction in the required side yard setback area. Mayor Suarez: Is there anyone here in opposition to the appeal at PZ-2? If so, please raise your hand, or identify yourselves, or step up to the mike. Let the record reflect that no one stepped forward. Commissioner Plummer: Question. Mayor Suarez: Yes, Commissioner. Commissioner Plummer: Is this a Code Enforcement scenario? Mr. Sergio Rodriguez (Assistant City Manager): Yes. Commissioner Plummer: And how much is the fine that has been levied against this individual? Mr. Rodriguez: One second. Mr. Juan Gonzalez: Juan Gonzalez, Planning, Building and Zoning, Code Enforcement. The property has been liened since May 18, 192 and the running fine so far is over $38,000, Commissioner Plummer: Thirty-eight thousand? Mr. Gonzalez: Yes, sir. - Commissioner Plummer: And when were they first cited? Mr. Gonzalez: They were... First violation notice was sent October 16, 1991. Commissioner Plummer: Ninety-one. Mr. Gonzalez: Right. Commissioner Plummer: And they were given 90 days to comply. 102 January 28, ILD93 - f 5 _i — Mr. Gonzalez: And the... Let me see, the first Code Enforcement... - Mr. Rodriguez: The hearing date was on January 29, 1992, and they were given until April 28th... Mr. Gonzalez: About 90 days. —� Mr. Rodriguez: .., of 192 to comply. - Mr. Gonzalez: Right. Commissioner Plummer: And they did not comply? Mr. Rodriguez: They did not comply. Mr. Gonzalez: No, sir. Commissioner Plummer: OK. And then I... Should we send these people out to talk first? Because I'm going to insist on it. Mr. Mayor, it's up to you, I just think that... Vice Mayor De Yurre: Why don't we hear what they have to say, so we know? Commissioner Plummer: Fine, sir. If that's how you want to handle it, it's all right with me. Mayor Suarez: You were saying that he was anticipating that it would be another one of these where they have to pay a minimum fine before we would take kindly to their request. So, therefore... Vice Mayor De Yurre: Yeah. No, but the point I want to make is that it may be something that, no matter what the fine is, we wouldn't be willing to allow anyway. Commissioner Plummer: OK. I... Vice Mayor De Yurre: So, if we say we are willing to go with this, provided that... Commissioner Plummer: You're absolutely right. You're absolutely right. Mayor Suarez: All right. On the basis of that possibility, swear in the witnesses and applicants, Madam City Clerk. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Benny Pereda: My name is Benny Pereda. I live at 323 SW 23rd Avenue. The reason we are here and we went to the board is the section of the building that is illegally built, according to the City of Miami, he.., when he bought the grocery store that he has, he bought it with that as storage to the grocery/supermarket. For him to take that out, the business is not going to work. I mean, he doesn't have storage and he can't compete or do anything with the other stores around. That's been built... He bought it in 1988 and _ 103 January 28, 1993 It was there since before, and he's trying to keep it, because he needs it for the storage on the property. Commissioner Pier: Did he do the work himself? Mr. Pereda: No, sir. He bought the property with that problem. Commissioner Plummer: Did he have a title search? Mr. Pereda: Excuse me? Commissioner Plummer: Did he have a title search when he bought the property? Mr. Pereda: Let me ask him. I don't know. Mayor Suarez: A survey, but not the title search. Mr. Pereda: TU TUVISTE UN... TE COMPRASTE? EN EL TITULO CUANDO LO Mayor Suarez: And a survey might not even show it. Commissioner Alonso: That's right. Mr. Jorge Artiles: No, because I make a lease. Mr. Pereda: No, sir. He didn't buy the building. He only bought the store. Mr. Artiles: Lease. Mr. Pereda: ...leased the store. Commissioner Plummer: And why didn't he comply when they asked him to, back In January? Mr. Pereda: Well, at the beginning he was trying to comply with what he had there, but then he was notified... he was note... when we want to put a permit, that we needed a variance for that. And then we had some holidays in between that we didn't have board or anything of that either. Vice Mayor De Yurre: You know, it seems to be pretty much the same situation as the other one, so... Commissioner Alonso: So, we'd better send them outside to... Vice Mayor De Yurre: ...based on that, we suggest... Commissioner Alonso: We'll table the item. Vice Mayor De Yurre: ....you own thirty -some thousand dollars in lien fees. Our suggestion is to try to work out some arrangement as to how much you can pay and then bring it back to us to see if we'll accept that and grant what you're seeking. 104 January 28, 1993 Re Commissioner Plummer: Victor, what I would like is... talking with the City Attorney, is I think that it would be proper that this Commission would set a no -less -than percentage. Vice Mayor De Yurre; I would say no less than ten percent. Commissioner Plummer: I would say no less than 25. Mr. Maxwell: It must be the same, whatever you do, Commissioner. I suggest... Vice Mayor De Yurre: Obviously... Commissioner Plummer: Yeah. Mice Mayor De Yurre: But, you know, ten percent that's thirty... Some people don't have $3,700. Commissioner Alonso: That's right. Commissioner Plummer: Victor, my problem is... And I don't mean to be picking on this. I wish we were talking in abstract... in general. Until the day comes that you start applying some fines that have meaning, the compliance of this community is not going to come about. Now... You know, you can be opposed to the death penalty, you can be opposed to 20 years, but those are deterrents and we've got be a deterrent. And I'm just saying that hey, you know, he had the opportunity... Vice Mayor De Yurre: Well, but by saying no less than ten percent it still allows you to charge 100 percent. Commissioner Plummer: No less than 10 percent. Vice Mayor De Yurre: No less than 10 percent, that's what I'm saying. Commissioner Plummer: I'll cut the difference with you. No less than 20 percent. Mr. Joel Maxwell (Assistant City Attorney): You understand though that whatever happens here... whatever's... if we're... if the Law Department also negotiates the figure that you say, the Code Enforcement Board would have to also concur with that. Commissioner Plummer: And if they don't, then the variance 1s not approved. Mr. Maxwell: That's right. The fines stay on the book. Commissioner Plummer: And we can also replace the members of the Code Enforcement Board. Mr. Maxwell: So, the CU in... the CO in these particular cases - both of these cases - would depend on any... all the conditions, including that... Commissioner Plummer: Of course. 105 January 28, 1993 YN f Mr. Maxwell: .*.including approval of the Code Enforcement Board, Commissioner Plummer: No question in my mind. Vice Mayor De Yurre: OK. Mayor Suarez: What do you want to do with it? Do you want to make it subject to that? Do you want to propose a percentage and see how it goes? Vice Mayor De Yurre: Fifteen. Commissioner Plummer: Fifteen? Vice Mayor De Yurre: Fifteen. Commissioner Plummer: No less than. Vice Mayor De Yurre: No less than fifteen. Commissioner Plummer: I'll accept that. Let's try it for a while, see what kind of compliance we get. Mayor Suarez: OK. Commissioner Plummer: So, we send them out to talk no less than 15. Vice Mayor De Yurre: OK. Commissioner Plummer: OK? Mayor Suarez: I guess he's making it into a formal motion, with that as a proviso. Commissioner Plummer: Is that on... Like he said, on all of these? Because that's what I'd like to say. Vice Mayor De Yurre: Yeah. Sure. Commissioner Plummer: OK. Fine. Mr. Rodriguez: So, no less than 15 percent of the fine. Mayor Suarez: Fifteen percent. Commissioner Plummer: No less than. Mr. Rodriguez: Fifteen, yeah. Commissioner Alonso: Fifteen. Commissioner Plummer: No less than 15 percent. OK? Vice Mayor De Yurre: OK. So moved. 106 January 28, 1993 Mayor Suarez: So moved as to PZ-2 and, presumably... Commissioner Plummer: And in this particular case... _ Mayor Suarez: ...incorporated in future ones like it. -- Mr. Maxwell: So this is a... — Conynissioner Alonso: Wait a second. Are we applying this to him? Or are we setting policy? Commissioner Plummer: Across the... Policy, as far as I'm concerned. -= Commissioner Alonso: Prior to making a decision in his case. — Commissioner Plummer: Right. v Vice Mayor De Yurre: No, we're making a decision already in this one, saying -' that it's going to be 15 percent. We're approving it subject to him agreeing to pay no less than 15 percent. - Commissioner Plummer: And it will be retroactive? Vice Mayor De Yurre: And the same thing applies to the other one that was here. Commissioner Dawkins: Retroactive, back to the... Commissioner Plummer: Yeah. But, in effect, what she's saying 1s correct. —_ We're setting policy. Vice Mayor De Yurre: That's right. Commissioner Plummer: I hope it is. Vice Mayor De Yurre: That's right. Mayor Suarez: We're setting policy prospectively. You'd have to show some kind of different circumstance, I guess.. Commissioner Plummer: That's... Right. a, Mayor Suarez: ...to warrant changing that. All right. So moved. F Mr. Maxwell: I suggest... Commissioner Plummer: That's fine. Mr. Maxwell: I su9gest, Mr. Mayor, that you codify that. F Commissioner Plummer: In this particular case... Let me... Mayor Suarez: What did you say, Mr. City Attorney? 107 January 28, 1993 = Commissioner Plummer: OK. We'll ... Mayor Suarez: Right. But at this point, we're just setting a policy among ourselves and we could probably violate it, but we're trying to do it... Vice Mayor De Yurre: And bring back an ordinance, reading to that effect. Commissioner Plummer: Well, we'll attach it every time, until you codify. Mr. Maxwell: Right. Mayor Suarez: OK. Commissioner Plummer: OK? Mr. Maxwell: We will bring it back for the next meeting. Commissioner Plummer: And Mr. Mayor, for the record, let me say in this... Mayor Suarez: I'm not sure that it's worth codifying, because there are going to be so many different circumstances, but you... Commissioner Plummer: In this particular case, Mr. Mayor, I will vote favorably. We are only speaking of a foot and a half. Mayor Suarez: All right. Commissioner Plummer: OK? Mr. Maxwell: This is a resolution reversing decision of the Zoning Board then. Vice Mayor De Yurre: That's right. Mayor Suarez: Provided that they pay 15 percent of the fine so far imposed. So moved and seconded. Any discussion? If not, please call the roll. [AT THIS POINT, THE CITY CLERK BEGAN TAKING ROLL CALL.] Commissioner Aionso: I wanted to ask a question before they called the roll. I wanted to hear from them the kind of business they have. Fifteen percent, is it acceptable? At least, before I vote, I'd like to hear what they have to say. Mr. Pereda: OK. Let me ask him, because I don't know that part of the... Vice Mayor De Yurre: Well, if it's not acceptable to him, imagine the other party who doesn't have a business. It's a private property. So... Commissioner Plummer: That's right. ln. January 28, 1993 Commissioner Alonso: That's fine, but I think I'd like to hear. Mr. Artiles: My name is Jorge Artiles and I live at 11171 SW 60th Terrace. And the situation I have to accept, because that's the only... one way that you have for me. It's... I think it's not fair, but I have to accept it, because I can't work with my store without warehouse. And then, in this situation, I have to accept. What can I do? Commissioner Alonso: He has no choice. How much is the 15 percent in his case? Mr. Rodriguez: About... Vice Mayor De Yurre: Fifty-seven hundred? Mr. Rodriguez: It would be like... Fifteen percent of 38 1s four... Commissioner Plummer: Forty-five hundred. Mr. Rodriguez: It's about six... Let me see. Four... Ms. Slazyk: About five... Mayor Suarez: Just about $6,000. Vice Mayor De Yurre: flow much is it? Thirty -what? Mayor Suarez: Just about $6,000. _. Mr. Rodriguez: Six thousand. Ms. Slazyk: Fifty-four hundred. Mayor Suarez: A little bit less than $6,000. Commissioner Alonso: Six thousand. Ms. Slazyk: Less than six thousand. Vice Mayor De Yurre: It's about $5,700, around there. Hey, give him terms. Commissioner Plummer: With interest. Mr. Maxwell: If he requires any type of permits, that wouldn't be advisable. Commissioner Dawkins: Say what? Mr. Maxwell: If he requires any permit at all from the City, terms wouldn't be advisable. He still couldn't get the permits from the City... Commissioner Plummer: That's correct. 109 January 28, 1993 Mr. Maxwell: ...until such time as he paid it off. So, that wouldn't help hint. Vice Mayor De Yurre: If what, now? Mr. Maxwell: If he requires any permits from the City, he would have to satisfy all conditions, including full payment, before he could get the permit. So, an installment plan wouldn't help. Commissioner Plummer: And he has to pull a permit... Well, he can't :pull a perms t. Vice Mayor De Yurre: Why? Mr. Maxwell: If he needs any permits... Vice Mayor De Yurre: Hello? Why? Why? Commissioner Plummer: In this case, he doesn't have to pull a permit. Mr. Maxwell: You can't give a permit, until he satisfies the requirements and partial payment wouldn't, in my opinion, be satisfaction of the requirements. Vice Mayor De Yurre: Hold it. Hold it. If we say that that be the case... Mr. Maxwell: If you do that, you lose all leverage over this individual. If you give him what he wants, before he satisfies the requirements in full, you lose all leverage. Vice Mayor De Yurre: No, Mayor Suarez: I don't think we do, because he still has to go before the Code Enforcement Board and they have to agree with our recommendation. And they are the ones who have the power to release the rest of the lien. - Commissioner Plummer: Well, excuse me. In this particular case, what permit would he be pulling? Ms. Slazyk: Building... Building permit. — Mr. Rodriguez: Building permit. — Commissioner Plummer: Building for what, now? - Ms. Slazyk: For what's already built. Commissioner Plummer: OK. Oh, I'm sorry. Ms. Slazyk: He pulled no permit. Commissioner Plummer: Even though he didn't build it. = Ms. Slazyk: Right. =<< 110 January 28, 1993 "r Ms. Slazyk: The setback. Mr. Rodriguez: Right. Commissioner Plummer: But what you're saying is, the permit would be to make sure that what's there 1n the foot and a half is... Mr. Rodriguez: Complies. Commissioner Plummer: OK. Let me ask... Mr. Rodriguez: Complies with South Florida Building Code. Ms. Slazyk: Complies. Commissioner Plummer: Let me ask this question. This is interesting. Are we like Coral Gables? Are we that smart that when you go in to do an inspection, before you get a CO (certificate of occupancy), you have to pay for all past sins? In other words, when you go in... Mr. Rodriguez: They have to come into compliance Commissioner Plummer: ...do you go in and make sure that more than just this — foot and a half... Mayor Suarez: If you had to pay for all of your past sins, you'd never be able to get a permit for anything. Mr. Rodriguez: They have to come into compliance. Commissioner Plummer: You'd better be careful. I've got the tickets to heaven and you ain't getting one. Mayor Suarez: You've got the tickets to the underground portion of heaven. - =a That's not the... not the part I intend to go to. All right. - Commissioner Plummer: Call the question. Mayor Suarez: We have a motion and a second. Call the roll. Commissioner Dawkins: Call it quickly. Mayor Suarez: The first time in a long time that happened. _ lii January 28, 1993 - MOTION NO. 93-63.1 THEREUPON ON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY COMMISSIONER PLUMMER, THE CITY COMMISSION DIRECTED THE CITY ATTORNEY AND THE ADMINISTRATION NOT TO NEGOTIATE PAYMENT OF ANY OUTSTANDING CODE ENFORCEMENT FINES BELOW 15 PERCENT OF THE TOTAL MONIES OWED TO THE CITY. [Note: The essence of this motion was later reconsidered, expanded upon and more fully outlined as M 93-65.1. See label 23.] The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption; RESOLUTION NO. 93-63 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, PERMITTED PRINCIPAL USES, TO ALLOW A SIDE YARD SETBACK OF 3'-5" (5'-0" REQUIRED) FOR AN EXISTING ADDITION TO A COMMERCIAL STRUCTURE (PORTOFINO III, INC.) FOR THE PROPERTY LOCATED AT 4675 NORTHWEST 7 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOT 15 LESS THE SOUT14 51, BLOCK 4, LEJEUNE GARDENS ESTATE, AS RECORDED IN PLAT BOOK 40 AT PAGE 37 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL; SAID VARIANCE BEING SUBJECT TO THE FOLLOWING CONDITION: APPLICANT SHALL PAY AT LEAST FIFTEEN PERCENT (15%) OF THE SUM OF THE CODE ENFORCEMENT FINES ACCRUED TO DATE ON THE PROPERTY PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY; FURTHER, HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso -11 ABSENT: None. i',�i,1"xt �L t9r},gyEy. _ 1'sY COMMENTS MADE DURING ROLL CALL: — Commissioner Dawkins: I'm going to vote yes and I want to explain to the gentleman that he can pay it on a part-time basis or higher, but I don't expect him to take money that he has to buy stock for his store with to pay a fine. I vote yes. - Vice Mayor De Yurre: We can easily do is we put a lien on that property that we Could also recall, if he doesn't pay. Mr. Maxwell: The lien's... You already have the lien on... -� Mayor Suarez: It has a lien. Yeah.- - Commissioner Plummer: No. The lien's there. Vice Mayor De Yurre: Can you close... Can you take away that property right — now? Mr. Maxwell: No. A lien is only there until such time as the property changes hands or something like that. Mr. Rodriguez: We can sell it. Vice Mayor De Yurre: OK. But you put it in the form... Mayor Suarez: Could you theoretically foreclose right now, is what he's -- asking. Mr. Maxwell, If he tried to sell the property, we collect our money. — Vice Mayor De Yurre: OK. Now I'm saying, prior to selling... Mayor Suarez: Could you foreclose the lien right now? Vice Mayor De Yurre: ...find a way, legally, that he can give a mortgage that - effective 1t becomes a payment plan. — = Commissioner Plummer: Get a lien... Get a bank... Get a loan. — - Mr. Maxwell: It's already a lien, Commissioners. It's already a lien. _ Vice Mayor De Yurre: But you can't take it now, can you? Mr. Maxwell: We can't foreclose... l� — Vice Mayor De Yurre: That's right. You do... Mr. Maxwell: We could foreclose, but normally we don't do that. That's one of the... Mayor Suarez: We can. We can foreclose that. -- Vice Mayor De Yurre: Well, then... OK. Then we adopt... yz ri 113 January 28, 1993 4 Mr. Maxwell: We could foreclose, but normally we don't do that. Vice Mayor De Yurre: That's your answer. If they don't pay you, foreclose and that's the end of that. So, this thing about once you give a permit, we're stuck - we're not stuck. We have other remedies. Mayor Suarez: We've got a million different ways of going after them, if we had the resources. Vice Mayor De Yurre: OK. So, I vote yes and we can give him terms. 18. DISCUSS AND TEMPORARILY TABLE PROPOSED RESOLUTION TO APPEAL ZONING BOARD'S DENIAL OF VARIANCES TO ALLOW A REAR YARD SETBACK AND PARKING STALL AT FRONT OF PROPERTY LINE FOR AN EXISTING ADDITION TO DUPLEX RESIDENCE AT 121-123 N.W. 56 COURT (Applicants: Digmory Rocio Diaz A Edilma Castano) (See labels 13 & 23). [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATION WERE MADE BY MAYOR SUAREZ.] Mayor Suarez: All right. PZ... Commissioner Dawkins: Are they ready to come back with the one we sent them to go work on? Mayor Suarez: We've got the whole family here. Maybe we can get this worked out. Commissioner Alonso: So we move to reconsider. Mayor Suarez: Including babies and everything. Commissioner Dawkins: Did you work something out? Did you... OK. Because Mr... Mayor Suarez: What is that percentage, by the way? Did we do something... Commissioner Plummer: Fifteen. Mayor Suarez: Fifteen as it turns out. Or they heard us talking about the other one. All right. On the prior matter, which is PZ-1, I'll entertain a motion from Commissioner Plummer, preferably. Commissioner Alonso: To reconsider. 114 January 28, 1993 Mayor Suarez: I think we moved to reconsider, so they could go out and discuss. So, I think now.., Comissioner Alonso: So, now we... Mayor Suarez: Right. Commissioner Alonso: ...we take the item. Mayor Suarez: With the same proviso, Commissioner Plummer? Commissioner Plummer: Sure. Mayor Suarez: All right. Second? Commissioner Alonso: What is the agreement? Mr. Ruben Hidalgo: She wants to address the board first, before... Mayor Suarez: That's always dangerous when things are going your way. Mr. Hidalgo: OK. Mayor Suarez: ES POSIBLE QUE EL VOTO SEA FAVORABLE, SENORA. SI USTED AHORA SE DIRIGE A LA COMISION, A LO MEJOR CAMBIA AQUI... LAS COSAS SON BIEN IMPREDECIBLES. Ms. Edilma Castano: MIRA, POR FAVOR, YO NO QUIERO QUE ME DEN DE LO QUE HAYA... ESO... PORQUE, IMAGINESE, YO VIVO... TRABAJO EN UNA FACTORIA. CON QUE YO VOY A PAGAR ESO? ENTONCES QUE PASA? �i t Mayor Suarez: Who does she work for? Mr. Hidalgo: In the factory. Ms. Castano: SI, ME QUITAN LA CASA... Mayor Suarez: In a factory? Ms. Castano: BUENO SI ME QUITAN LA CASA, SERA UN... SI ME QUITAN LA CASA, SERE UNA INDIGENTE MAS QUE ME TENDRE QUE IR PARA EL PUENTE CON LA NIETA Y CON LA HIJA, PORQUE QUE MAS PUEDO HACER? AHORA YO MICE ESO, PORQUE COMO YA ESTABAN LAS PAREDES Y TODO ESO, PLIES YO FUI HACIENDO ESO POCO A POCO, PERO NO ME IMAGINE... YO ME IMAGINE QUE AL ESTAR LAS PAREDES, QUE YA ESO NO TENIA QUE SACAR PERMISO. ENTONCES YO SAQUE EL PERMISO Y TODD ESO. YO ME COMPROMETO A BREGAR A HACER LO QUE ESTE MALO, DUES ARREGLARLO SEGUN LAS LEYES Y TODO, PERO, POR FAVOR, NO ME VAYAN A HACER PAGAR ESA MULTA, PORQUE ES QUE YO NO TENGO CON QUE. MIRA, ESTA NINA ESTA DIVORCIADA, TIENE... ESA NINA TIENE SIETE MESES. ELLA ES LA QUE VIVE EN EL APARTAMENTICO. ENTONCES NOSOTROS NO TENEMOS ESO... ES RA5... NO TENEMOS NI UN AMPARO DE UN HOMBRE, UN ESPOSO, NI NADA. NOSOTRAS SOMOS BOLAS, LO QUE NOSOTROS PODEMOS TRABAJAR. ASI ES QUE YO LES PIDO POR FAVOR QUE ESA MULTA ES IMPOSIBLE PAGARLA. TAN IMPOSIBLE QUE ME TENDRAN QUE QUITAR LA CASA. NO SE QUE VOY HACER. 115 January 28, 1993 TRANSLATION: And if you take away the house, I won't have a place to live. Then I will be another homeless and you'll have to take care of me with my daughter, and I guess grandchild, too. I did that because the walls were already there, so I assume that that... I figured that since the walls were _ already there, I didn't have to get a permit. I commit to... I'll make the commitment to fix and correct whatever is improperly done. But I just don't have any wherewithal with which to resolve these problems. She's the one that lives in the apartment and I guess she's referring to the young lady here with the baby. We don't have any men in the house or someone that would support. So, we... I would ask and beg of you that that particular fine is impossible for us to pay. Commissioner Plummer: We said no less than... Mayor Suarez: But they did agree to 15 percent did they not? Commissioner Alonso: She agreed to 15 percent? Commissioner Dawkins: We did not have 15 percent. Commissioner Alonso: No. USTED ESTA DE ACUERDO CON PAGAR UN QUINCE PORCIENTO DE ESA MULTA, 0 USTED NO ESTA DE ACUERDO? Ms. Castano: NO, MI AMOR. YO NO PUEDO PAGAR NADA. Mayor Suarez: Why did you tell us that we had an agreement? Vice Mayor De Yurre: Victor's saying foreclose. Commissioner Dawkins: No, we didn't have it at that time. Commissioner Alonso: We didn't have an agreement. Where did you get that idea? Mr. Rodriguez: We didn't say that. Commissioner Dawkins: We made the 15... Mayor Suarez: I know, but they said 15 percent. R Commissioner Alonso: I knew this was going to happen. Commissioner Dawkins: Yeah. But we made the 15 percent after... Commissioner Alonso: That's why I voted no for the previous one. Mayor Suarez: Commissioner asked, "Have you reached an agreement?" and staff r told us yes. Commissioner Dawkins: That was before we made the 15 percent. Mr. Rodriguez: No. Mr. Maxwell: Yeah. Yes they did. =F 116 January 28, 1993 4 k :g2 i z Mayor Suarez: Right, right. Mr. Rodriguez: They didn't reach an agreement. Mayor Suarez: But then we asked what was the percent and you said 16. Mr. Rodriguez: He said no. Mir. Maxwell: They agreed to pay 15 percent. Mayor Suarez: I said, what a coincidence. Now the whole thing turned out to be illusion. Commissioner Plummer: Yeah. Mr. Rodriguez: There is a confusion. Mr. Maxwell: Commission's 15 percent. Mayor Suarez: No, there's a lot of confusion. Commissioner Alonso: Obviously. Mr. Rodriguez: He was answering the Commission agreed to an agreement of 15 percent, not the applicant. No. Mayor Suarez: Have you reached an agreement with them or not? Mr. Maxwell: No. Mr. Rodriguez: I said no. Commissioner Plummer: Who dealt with them? - Mr. Rodriguez: Obviously, not me. - �, Commissioner Alonso: She says she doesn't have the money. _ = Coonissioner Plummer: Who dealt with them that we asked? - Commissioner Dawkins: Look, Mr. Mayor, I think the confusion is that when we - _- were negotiating... when they were negotiating, we had not passed 15 percent - measure. Mayor Suarez.: Right. Commissioner Dawkins: So, therefore, they did not know about the 15 percent. - Mayor Suarez: Right. Commissioner Dawkins: They could not have agreed to the 15 percent. = 117 January 28, 1993 - Mayor Suarez: ssm►ething. Well, I thought it was a coincidence, or maybe they overheard Commissioner Dawkins: Oh, OK. Mayor Suarez: So, they have no settlement... no agreement with them. Commissioner Plummer: Move to deny. Mayor Suarez: So, I guess in effect they're saying that whatever it would be, it would never be more than 15 percent on the existing lien. Commissioner Plummer: Well, Mr. Mayor, the alternative is is to deny the application and then the $36,000 fine applies, I assume. Mayor Suarez: Well, they begin negotiations and... Commissioner Plummer: Yeah. Mayor Suarez: ...the Code Enforcement Board ultimately decides. All right. Commissioner Plummer: No, sir, if we deny it there's no... Mr. Maxwell: Mr. Mayor, in all fairness... Pardon me. In all fairness, I don't think these people have really had an opportunity to negotiate with us. Mayor Suarez: Well, I thought that that was being done by staff. Commissioner Plummer: We sent them out to. Mayor Suarez: Who met with them? Would somebody... Mr. Maxwell: I don't know if anybody met with them. Mayor Suarez: All right. The item is tabled, once again. Negotiate a few more minutes and make sure they understand, because the lady just gave a very passionate, emotional appeal. Doesn't seem to... Mr. Maxwell: Either she agrees to your 15 percent, or you don't approve it. That's all she can do. She can make that decision right now. Mayor Suarez: I think that's what they ought to be told very clearly and then get back to us, please, so we can go on with some other items. Commissioner Dawkins: Go back and negotiate once more. Mayor Suarez: Maybe you ought to explain it to her that it's not just a matter of emotions up here, we are taking the law as far as we possibly can. The law of hardship does not mean... Although, I have to tell you, that any citizen would understand this situation to be a classic hardship. I mean, that's my feeling. Commissioner Alonso: Indeed. 118 January 28, 1993 Mayor Suarez: Maybe it's not a legal hardship, but it sure looks like a hardship to me, Commissioner Plummer: It's not a zoning hardship. That's the problem. Mayor Suarez: I... And I wonder why when it's Brickell, or some other parts of the City, we have an ordinance in place that people can pay us a bonus, pay us some small amount of money - not 15 percent, by any means, of the fines or the increased value or anything, but some much smaller percent w and go off and do, you know, two or three additional stories. And when, you know, the situation is like this, we have nothing and Planning is not proposing anything, and learned counselor aren't coming here with ideas, and Greenberg Traurig isn't involved, and they're basically dealing with a baby in a baby carriage. Commissioner Alonso: Yeah. And then it's the moral issue. If they pay us 15 percent, we accept. If they don't have the money, we turn them down. It seems to me that something is very wrong. Commissioner Plummer: No, they can take out a loan. Mayor Suarez: Very, very difficult to deal on this basis. Commissioner Alonso: And then the question, bottom line, is money, because the fact of the matter it is in existence. If they borrow the money, or they were wealthy... Commissioner Plummer: Commissioner, you know... Commissioner Dawkins: That's OK, Ralph Sanchez will pay it as part of his thank you note for the Grand Prix. Commissioner Alonso: ...or had a little bit of money, then it's OK. I have a problem with that. Commissioner Plummer: It's... We're back to the same old story... Mayor Suarez: OK. This... Mr. City Manager, if they would, please.., Commissioner Plummer: .,.that we can only tax the rich, that if the rich... only the rich can commit a crime. Mayor Suarez: J.L., please, if they would, please.,. If you would assign one of your staff people, that you can dispense with for ten minutes, to go =g outside with them. Could you please help us with these things? Mr. Rodriguez: I asked the City Attorney to work on this, yes. Commissioner Dawkins: City Attorney? Mayor Suarez: City Attorney and one of your own staff, please, to go outside and work with them in a little room somewhere back here. 119 January 28, 1993 19. GRANT FINAL APPROVAL OF LANDSCAPING PLAN, AS REQUIRED FOR CLASS II SPECIAL PERMIT -- AUTHORIZE PLANNING, BUILDING AND ZONING DEPARTMENT TO PROCESS CLASS II SPECIAL PERMIT FILE NO. 92-2090 -- FOR DEVELOPMENT WITHIN SD-13 S.W. 27 AVENUE GATEWAY DISTRICT, FOR PROPERTY AT 2804 BIRD AVENUE (Applicant: Carolyn B. Meredith). Mayor Suarez; All right. PZ-3. Ms. Lourdes Slazyk: PZ-3 is for final approval of a landscaping plan for a renovation to an existing commercial property at 2804 Bird Avenue. As you may recall, the SD-13 zoning district, the Commission requested that they have final approval of any landscape plans within the SD-13 district. The Planning, Building and Zoning Department has already reviewed the plans and... Mayor Suarez: Do you recommend it as proposed? Ms. Slazyk: We recommend approval. They meet all the... Mayor Suarez: Anyone against the landscaping plan, as submitted? Commissioner Plummer: Move it. Mayor Suarez: Let the record reflect no one stepped forward. Moved by Commissioner Plummer. Commissioner Alonso: Second. Mayor Suarez: Seconded by Commissioner Alonso. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-64 A RESOLUTION, WITH ATTACHMENT, GRANTING FINAL APPROVAL OF THE LANDSCAPING PLAN, ATTACHED HERETO AS EXHIBIT 'A', AND AUTHORIZING THE PLANNING, BUILDING AND ZONING DEPARTMENT TO PROCESS CLASS II SPECIAL PERMIT FILE NO. 92-2090, PURSUANT TO SECTION 613.3 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR DEVELOPMENT WITHIN THE SD-13 SOUTHWEST 27TH AVENUE GATEWAY DISTRICT, FOR THE PROPERTY LOCATED AT 2804 BIRD AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: rp" 120 January 28, 1993 AYES: Commissioner Miriam Alonso — Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Commissioner Alonso: Do you think that we should consider changing this ordinance so that not all of these plans have to come back to us? I don't think it makes sense... Mayor Suarez: Yes, I certainly would agree with that. Commissioner Alonso: ...that it takes the space, and comes to... Mr. Sergio Rodriguez (Assistant City Manager): We will agree... Commissioner Alonso: ...this Commission unnecessarily to review... Mayor Suarez: Please, yes. Commissioner Plummer: Well, I think the alternative... Commissioner Alonso: ...the landscaping... Commissioner Plummer: The alternative to that would be that they present the plan before we approve it. Commissioner Alonso: Don't they? They have to. F- Commissioner Plummer: That they would... Commissioner Alonso% They do. Mr. Rodriguez: What? That's what you're doing. Commissioner Plummer: That they would present a plan, subject to our approval. Is that correct? Mr. Rodriguez: Right. Commissioner Plummer: And that's what this is. 7 Mr. Rodriguez: This is what it is. Commissioner Plummer: The first time we heard it. - Mr. Rodriguez: Right. r Ms. Slazyk: They have a class two... 121 January 28, 1993 Y `-1:9 Commissioner Plummer: Then I'm mistaken. What actual business is this? Ms. Slazyk: The ordinance requires a class two special permit for this. £� Commissioner Alonso: Landscaping approval. - Ms. Slazyk: Right. The Ordinance also requires a class two, which is pending — your approval. And we do a recommendation. = Commissioner Plummer: What business is this? Is this a business or an apartment house? Ms. Slazyk: It's commercial. Commissioner Plummer: It's commercial? Mr. Nelson de Leon: Yeah. Commissioner Plummer: And what is it? Mr. de Leon: Right now it's vacant and we're going to convert it into retail. — Commissioner Plummer: Is this next to the old Crook & Crook? Mr. de Leon: Yeah, exactly. Commissioner Plummer: What's going in there? Mr. de Leon: We're negotiating with a marine supplies store for the ground _ level of the two story building. Commissioner Plummer: And parking? - Mr. de Leon: Parking is in the plans, which they have copies of. Ms. Slazyk: They need all zoning. Mr. de Leon: And I have a copy over here, if you want to see. Mr. Joe McManus: The plan is reduced in your backup. Ms. Slazyk: It's in your packet. - Mr. McManus: It's right in your packet. Commissioner Plummer: OK. Mr. Rodriguez: They comply with the requirements of the ordinance. The only = reason they are here is because you want to see the landscaping on this. Commissioner Plummer: OK. - Mayor Suarez: OK. The Commissioners... — 122 January 28, 1993 4 Commissioner Alonso: That, in fact, we don't ever pay attention to the landscaping, we follow the advice of the Administration... taking the apace. Commissioner Plummer: Well, Miriam, let me remember a case to you that was in question that we all were very much upset about and that was the case... Mayor Suarez: Oh, no. - Commissioner Alonso: Yeah, I remember. I was here. Yes, I remember that. Mayor Suarez: Not that one. Commissioner Plummer: On 22nd Avenue. Mayor Suarez: Oh, Godi Commissioner Plummer: And if we would have just given that one carte blanche... Mayor Suarez: That was right next to Dodge Memorial? Commissioner Plummer: On 22nd Avenue - Live Oaks, it was a County facility, remember? Mayor Suarez: Right, right. Commissioner Plummer: So, I don't think we really want to relinquish control. Mayor Suarez: Or Live Oaks, I guess it was. It was a psychiatric institution, ,yeah. Commissioner Plummer: Correct, sir. Mayor Suarez: Wowl Commissioner Alonso: Let them continue to come. Mayor Suarez: That one came back about 18 times. Commissioner Plummer: Too many times. Mayor Suarez: All right, We have a motion and a second. Any further discussion? If not, please call the roll. [NOTE: AT THIS POINT, THE ROLL WAS CALLED AGAIN. SEE R-93-64.] 123 January 28, 1993 R _ __ _ ____ _-__ _-____..._____-__-___ .._--------- -___ 20. DISCUSS AND CONTINUE (TO MEETING OF FEBRUARY 25TH) PROPOSED RESOLUTION TO APPEAL ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT 4,214 SQ. FT. OF GREEN SPACE FOR CONSTRUCTION OF FAST FOOD RESTAURANT (BURGER KING) AT 1101 S.W. 22 STREET (Applicant Jose Valle/Gull House #4 Ltd. Appellant: Burger King Corp.) Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, you asked me to remind you about PZ-25. Mayor Suarez: All right. On PZ-25, is there anyone against the continuance presumably agreed to by all parties? Let the record reflect no one stepped forward. I'll entertain a motion to continue it for.,. Hello? March what? Mr. Rodriguez: March 25. Commissioner Dawkins: So moved. Mayor Suarez: All right. Ms. Lucia Dougherty: I'd like that to February. C(Y,nmissioner Plummer: Of what... Mr. Rodriguez: February 25th. Commissioner Plummer: Of what year? Mayor Suarez: February 25, 1993. Sir. Rodriguez: February. Mayor Suarez: So moved and seconded. Any discussion? If not, please call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER ALONSO, ITEM PZ-25 WAS CONTINUED TO FEBRUARY 25, 1993 BY THE FOLLOWING VOTE: AYES: Comnmissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 124 January 28, 1993 ..-.,_-_.. _-_.._a w____.---_-_.,-__----w.. __----------------------_.__-.,._______ 21. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT APPROXIMATELY 3711 S.W. 26 TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Bonzo Enterprises, Inc.). ------------------------------------------------------------------------------ Mayor Suarez: PZ-4, second reading. Mr. Joe McManus: Mr. Mayor, for the record, there has been... Mayor Suarez: Yes, Joe. Mr. McManus: There is an effective date currently on the ordinance in your package of 45 days, and we're going to extend that to 90 days, to allow for DCA (Department of Community Affairs) review. That's not a major item. Mayor Suarez: OK. Nobody's... Mr. Sergio Rodriguez (Assistant City Manager): This... Mayor Suarez: Anyone in opposition to the application that PZ-4 reflected by second reading? Let the record reflect no one stepped forward. It has been moved. Commissioner Alonso: I did. Mayor Suarez: Second. Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT 3711 SOUTHWEST 26TH TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of December 10, 1992, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor De Yurre, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 125 January 28, 1993 7yY AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: *Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11035. The City Attorney rears the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: Although absent during roll ca , ommissioner lummer later requested of the Clerk on record to be shown as being in agreement with the motion. 22. SECOND READING ORDINANCE: AMEND 11000 ZONING ATLAS -- CHANGE CLASSIFICATION FOR AN EXISTING ADDITION TO A DUPLEX RESIDENCE FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT APPROXIMATELY 3711 S.W. 26 TERRACE (Applicant: Bonzo Enterprises, Inc.). Mayor Suarez: It's a companion item? Commissioner Alonso: Yes. Mayor Suarez: PZ-5 moved by Vice Mayor. Seconded by Commissioner Alonso. Read the ordinance. Joel Maxwell (Assistant City Attorney): That one will also have a new effective date ninety days, Mr. Mayor. Mayor Suarez: Call the roll, please. 126 January 28, 1993 AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA* ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3111 SOUTHWEST 26 TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1992, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor De Yurre, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: *Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11036. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. [*Note for the Record: Although absent during roll call, Commissioner Plummer later requested of Be Clerk on the record to be shown as being in agreement with the motion.] a c E 127 January 28, 1993 -- r 23. (A) (Continued Discussion) GRANT APPEAL -- REVERSE ZONING BOARD'S DENIAL OF VARIANCE -- ALLOW A REAR YARD SETBACK AND PARKING STALL AT FRONT PROPERTY LINE FOR AN EXISTING ADDITION TO A DUPLEX RESIDENCE AT 121-123 N.W. 56 COURT (Applicants: Digmory Rocio Diaz & Ediima Castano) (See labels 13 & 18). (B) INSTRUCT ADMINISTRATION THAT, IN CASES WHERE A CODE ENFORCEMENT FINE HAS BEEN ISSUED AND THE FINED PARTY COMES INTO COMPLIANCE, THE FINE CANNOT BE MITIGATED BELOW 15% OF ITS FACE VALUE -- SUCH MITIGATED FINE TO BE PAYABLE: (a) IN FULL, PRIOR TO CERTIFICATE OF OCCUPANCY BEING ISSUED, (b) IN INSTALLMENTS, WITH INTEREST ACCRUED, OR (c) BY PLACING A LIEN ON THE PROPERTY AND COLLECTING SAID FINE WHEN PROPERTY IS SOLD, WITH INTEREST ACCRUED. ------------------------------------------------------------------------------- Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, on PZ-1, we have an agreement. Mayor Suarez: All right. Is that the one I think it is? Mr. Rodriguez: Yes. Mayor Suarez: The baby carriage case? Mr. Rodriguez: Yes, sir. Mayor Suarez: All right. What would that be, that they understand that now we set a policy of 15 percent and they agreed to it. Mr. Rodriguez: My understanding is that they agreed to 15 percent. The only thing that they are asking is that they can pay this in partial payments. Mayor Suarez: Partial payments? Through a period of what? Mr. Rodriguez: To be worked out with the Administration. Commissioner Dawkins: Mr. Mayor, I would like to make a... Mayor Suarez: Delegate it to the Administration? Commissioner Dawkins: Mr. Mayor, I would like to make a motion. Mayor Suarez: Yes, sir. <1 Commissioner Dawkins: I would like to make a motion that the 15 percent be -- placed against the property as a lien with no interest to run and if they ever sell the property then the City of Miami would get whatever the lien is out of the sale of the property. I so move. Mr. Rodriguez: We have a lien on the property already, Commissioner, so we'll follow that. 128 January 28, 1993 Commissioner Dawkins: I said and I'll say again. My motion is that these people be allowed to put whatever the 15 percent of the present lien is, tagged on to their whatever. Whenever the property is sold then that 15 — percent is paid then. She doesn't have to pay it now. Commissioner Alonso: Second. Mayor Suarez: I deemed the Commissioner's motion to be acceptance of the prior policy but -let's see if I state it correctly here - in this case... Commissioner Plummer: Plus interest? Commissioner Alonso: No, he stated it without. Mayor Suarez: ... that interest be waived and the period of payment be extended until no earlier than the sale of the property by then. Joe Maxwell (Assistant City Attorney): That wouldn't be legal, sir. Commissioner Alonso: That would not be...terrific. Mayor Suarez: It's illegal, he says. Mr. Maxwell: The code specifically provides for interest. Commissioner Plummer: There has to be interest or there's no incentive to pay• Mr. Maxwell: The Code... You're only suggesting to the Code Enforcement Board that they reduce it to 15 percent, you must remember that. But the Code specifically provides for interest on unpaid amount... Commissioner Plummer: Of course. Commissioner Dawkins: OK. I'll do this. Ask the owner, if she has any problem with allowing the fine to run on and on and when she dies, let whoever inherits the property or buy it worry about the interest and the fine. Commissioner Plummer: That's fine. Mr. Maxwell: Well, that's exactly what you're doing and that's our concern. That why we say you lose all leverage over these parties. Commissioner Plummer: That's right. Mr. Maxwell: That's exactly our concern, sir. When you do that, you're giving away the mint. Vice Mayor De Yurre: Well, whatever we do for this one, I want to make the same motion for the other one and we're back where we were before. Commissioner Plummer: Hey, as long... What interest did we draw? 129 January 28, 1993 Mr. Jones: It's really immaterial because the amount is set. Commissioner Dawkins: You can't do it. The other guy does not own the property. Commissioner Alonso: That's right. Mayor Suarez: And there is a difference in that the other one was a commercial facility and this is residential. Vice Mayor De Yurre: Who is going to pay? Commissioner Plummer: Wait a minute. Now can we deal with someone who is not the owner of the property? There can't be an applicant. Commissioner Alonso: We already did. Commissioner Plummer: Well, excuse me then. If we made a mistake, let's correct it. Mayor Suarez: Al right. On this item before us, does anyone have any further discussions on the motion? Is it finally to include interest because 1t a legal requirement? Is that correct? Mr. Maxwell: You don't even have to discuss the interest, it will be applied by Code. Commissioner Plummer: Right. Mayor Suarez: I was just clarifying. Does the movant accept that? Does the second accept that? Comissioner Alonso: She would understand. Let's... Commissioner Dawkins: Ask the owner now does she accept that? Mayor Suarez: Well, she was ready to accept 15 percent to be payable in installments. I can imagine that she would accept 15 percent. With 6 percent interest. Commissioner Plummer: Yeah. That what he said. Mayor Suarez: And to be Raid upon sale of the property. If she doesn't accept that, or alternatively you could always pay in advance so that you can save an interest. All right? Commissioner Plummer: Of course. Mayor Suarez: You can all ways do that. 130 January 28, 1993 Mayor Suarez: Yes. Mr. Maxwell: I'm advising you that what you're doing is subject; to attack. Your actions would probably be deemed by a court to be extremely arbitrary. Commissioner Plummer: Why? Mr. Maxwell: Because you're treating these people differently. Each one you are applying different standards to. Commissioner Plummer: Oh, nol Mayor Suarez: I was trying to hold to a standard that was consistent and my colleagues are making minor modifications. I'm doing my best, Counselor. Commissioner Plummer: That is right. Sir, just so let me see if I can understand. We're saying in every case it will be a no less than iS percent of the fine which they can pay prior to the CO (certificate of occupancy). If not, then a 6 percent interest applies. Commissioner Dawkins: Yes. Mayor Suarez: And allow in some payments in some cases to... Mr. Maxwell: Whatever the interest of the Code. Don't say what the interest. Whatever the Code is. Commissioner Plummer: OK. What interest applies. That's fine. Mayor Suarez: Yes, with interest. Commissioner Plummer: That's policy. Mayor Suarez: OK. So y6u can pay it right away, without interest obviously, because no interest will accrue. Or you can pay it in installments, with 6 percent Interest. Or you can wait until you sell, apparently, according to the motion. Is that correct? Commissioner Plummer: I have no problem with that. Mr. Maxwell: You're not telling them they can wait, are you? Commissioner Dawkins: No. Mr. Maxwell: That's what it amounts to, but you're not... I would suggest that you not build that into the motion. Mayor Suarez: All right. Do you want to make that as a sort of exhortatory part of the motion or something? Mr. Maxwell: Well, if they don't comply with the requirements, are you saying you do not want the City to foreclose, if they don't satisfy? 131 January 28, 1993 Mr. Maxwell: I think you should say that then. Mayor Suarez: We don't want the City to foreclose on them. Mr. Maxwell: That's one of the legal remedies the City has. Mayor Suarez: We want them to be able... The Commissioner made the motion that allowed them to pay it the moment they sell it. So, that means we are not foreclosing. Commissioner Plummer: I have no problem with that. Mr. Maxwell: I think we should bring the legislation back to you so that you can codify it. Mayor Suarez: Well, 1n the meantime it's advisory to the Code Enforcement =- Board that ultimately has to be the one that agrees with all this, right? _ We're suggesting terms to them. I don't know what happens if they don't agree r with them. Mr. Maxwell: It comes right back to you. — = Commissioner Plummer: I take exception to the last statement, Mr. Mayor. The Code Enforcement Board does not have to approve what we approve here. Mayor Suarez: Right. They do not. -_ Commissioner Plummer: We can apply any stipulation to a variance that we request. OK. If they don't comply... Mayor Suarez: No, I meant as a minimum. They have more. I think they can - more legally. Commissioner Plummer: Fine. Of course, they can. Mayor Suarez: Yeah. At least that is what you told us before. — = Commissioner Plummer: My terminology was "no less than." Mayor Suarez: Right. - E Mr. Maxwell: You can apply those conditions but when you deal with the fines, ! the Code specifically provides for that area to be in the purview of the Code Enforcement Board. So if they don't approve it... f` Mayor Suarez: Right, and you told us that that is worked out typically by a City staff person which is the City Attorney. = Mr. Maxwell: No sir. B - FF}It F k 132 January 28, 1993 � rst Mayor Suarez: Yeah and that there are no particular standards or criteria which take in account the ability to pay, et cetera, et cetera. Now we're doing a little bit of that up here ourselves and always understanding that the Code Enforcement Board will make the ultimate determination. That's what we're doing. Mr. Maxwell: It is worked out and then it should be presented to the Code Enforcement Board. We're follow... Mayor Suarez: We would like it to be in a more systematic manner presented to the Code Enforcement Board. Yes. Mr. Maxwell: Yes. Mayor Suarez: OK. In the meantime there's a motion and a second. Commissioner Plummer: R $1,000,000 a year. Mayor Suarez: Call the roll. c- E2 EA The following resolution and motion were introduced by Commissioner Dawkins, who moved their adoption: RESOLUTION NO. 93-65 A RESOLUTION REVERSING THE DECISION OF THE TONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO ALLOW A REAR YARD SETBACK OF 101-011 (201-01- REQUIRED), 59% OF PAVED AREA [40% OF THE TOTAL AREA OF THE REQUIRED YARD, MAXIMUM PAVED AREA ALLOWED, ACCORDING TO SECTION 908.10.1(B)] AND TO ALLOW A PROPOSED PARKING STALL AT THE FRONT PROPERTY LINE WITHOUT THE 71-611 REQUIRED BY SECTION 908.10, FOR AN EXISTING ADDITION TO A DUPLEX RESIDENCE FOR THE PROPERTY LOCATED AT 121-123 NORTHWEST 56 COURT, MIAMI, FLORIDA, ALSO DESCRIBED AS LOT 3, BLOCK 2, WESTGATE SUBDIVISION, AS RECORDED IN PLAT BOOK 13 AT PAGE 3 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ZONED R-2, TWO-FAMILY RESIDENTIAL; SAID VARIANCE BEING SUBJECT TO THE FOLLOWING CONDITIONS: 1) APPLICANT SHALL OBTAIN A CERTIFICATE OF OCCUPANCY FOR THE PROPERTY ON OR BEFORE MAY 28, 1993; 2) APPLICANT SHALL PAY AT LEAST FIFTEEN PERCENT (15%) OF THE SUM OF THE CODE ENFORCEMENT FINES ACCRUED TO DATE ON THE PROPERTY, PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR THE CITY SHALL PLACE A LIEN ON THE PROPERTY FOR SAID AMOUNT UNTIL SUCH TIME THAT THE PROPERTY IS SOLD AND THE FINES DUE ARE PAID TO THE CITY OUT OF THE PROCEEDS OF THE SALE; FURTHER, HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 93-65.1 A MOTION INSTRUCTING THE ADMINISTRATION THAT IN ALL CASES WHERE CODE ENFORCEMENT ISSUES A FINE, THE FINE CANNOT BE MITIGATED BELOW 15 PERCENT OF ITS VALUE, SAID MITIGATED FINE TO BE PAYABLE: (1) IN FULL, PRIOR TO THE CERTIFICATE OF OCCUPANCY BEING ISSUED, (2) IN INSTALLMENTS, WITH INTEREST ACCRUED; OR (3) WHEN THE PROPERTY IS SOLD, WITH ACCRUED INTEREST. (Note: See R 93-65). Upon being seconded by Commissioner Alonso, the resolution and motion were passed and adopted by the following vote: 134 January 28, 1993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ASSENT: None. Mayor Suarez: Item 6. First reading. Commissioner Plummer: What about 4? Mr. Rodriguez: You already dealt with that. Ms. Slazyk: 4 and 5 are done. Mayor Suarez: 6, first reading. Commissioner Plummer: Excuse me. Did we do 4? Mr. Rodriguez: And 5. Both of them together. Commissioner Alonso: Yes. Commissioner Plummer: Would you show me voting positive on both issues? I = assume it was to approve. Commissioner Alonso: Yes. Commissioner Plummer: And I vote consistently as I did before on both issues, thank you. - NOTE FOR THE RECORD: At this point, Commissioner Plummer directs thi Clerk to show him as being in agreement with prior vote taken on items PZ-4 and PZ-5. (See labels 21 and 22) f --.x.,, t --------------------------------.----.------------.------------------------------ 24. (A) DENY PROPOSED FIRST READING ORDINANCE TO CHANGE LAND USE DESIGNATION AT APPROXIMATELY 1415 S.W. 17 AVENUE / 1691 S.W. 14 TERRACE AND 1401 S.W. 17 AVENUE FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: B.E. & L.H. Frank, Exposito & Sanders). (B) DENY PROPOSED FIRST READING ORDINANCE TO CHANGE ZONING ATLAS AT APPROXIMATELY 1415 S.W. 17 AVENUE / 1691 S.W. 14 TERRACE AND 1401 S.W. 17 AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL (Applicant: B.E. & L.H. Frank, Exposito & Sanders). (See label 25-B) ------------------------------------------------------------------------------ Mayor Suarez: Item 6. Ms. Lourdes Slazyk: PZ-6 is a request to amend the future land use map for the properties located at 1401 and 1415 S. W. 17th Avenue. The Planning Advisory Board recommendation was for denial by a vote of 7 to 2 and the Planning, Building and Zoning's recommendation is also for denial. The northern two lots of the subject property are currently being utilized as a legal nonconforming grocery store and the southern portion is a home occupation office use for an accounting practice. This was previously permitted by a Class A Special Permit. There is presently no land use designation, as you can see on the transparency, other than residential single family for a four -block radius surrounding the subject property. Therefore, the requested change to restricted commercial presents a drastic commercial intrusion into a stable residential neighborhood. The change would also set a dangerous precedent that could change the character of 17th Avenue. We conducted an actual existent land use survey of 17th Avenue from S. W. 8th Street to 19th Street. Except for the portion on S. W. 8th Street which has a commercial land use and zoning designation, we only found two other commercial properties within an almost one mile span. One of them the subject property -4 and the other one is about four blocks toward 8th Street that is also legal nonconforming. We found a lot of residential duplex, medium density and some high density residential uses along 17th, but only two commercial legal nonconforming commercial uses. Commissioner Plummer: Did you look behind the walls? Ms. Slazyk: No, we didn't. Commissioner Plummer: No, truthfully. Did you look at 9th Street where... Did you see where they have all the pinball machines in there that they are using in what looks to be a house? Ms. Slazyk: What look to be a house? We did not go inside the structures. Commissioner Plummer: You didn't look in there? Ms. Slazyk: No. 136 January 28, 1993 w.: Commissioner Plummer: A lot of times they have the door open and you just have to look. Ms. Slazyk: Right. Between the subject property and 8th Street, we found a higher density residential. But between the subject property down to Coral Way, it was a very Stable single... you know, primary single family district and there is no other zoning or land use category for this mile except single family. Mayor Suarez: All right. We hear from the applicant. Mr. Sergio Rodriguez (Assist. City Manager): Mr. Mayor, you may want to ask whether we have people on this item at this point. Mayor Suarez: I certainly will ask that. Do we have anyone that is here to be heard on item PZ-S in opposition to the application? All right. Would you all stand up who expect to testify and be sworn in along with the applicant, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: Very good. All right, proceed, applicant. Mr. Virgilio Perez: Yes, Mr. Mayor, my name is Virgilio Perez. I'm representing the applicant by power of attorney and I would like to have it on a fair basis that we also have people who are in favor of this item here. I like to say... Mayor Suarez: At some point, just to make sure that we don't have any confusion you might want to identify them. We actually were just trying to swear everybody in who might testify. Mr. Perez: Somebody might testify who wants to be in favor of the application. Mayor Suarez: You might, at some point, if they're not going to testify, they just want to be in support and show their hands, go through that routine. All — right. Mr. Perez: OK. Yes, Mr. Mayor, I would like to say that this become a ... that this comes out of a Code Enforcement order. But I would like to say that this is a different code enforcement order that we have been talking before here at this Commission. By the way, we had a... This applicant was taken to the Code Enforcement order with five violations and I would like to include it here as Exhibit 1. Out of those five violations, we have here a letter from the Chief Zoning Inspector Mr. Gonzalez where all the violations had always had permits and always were taken before any Code Enforcement issue. The only thing that we had it was a matter of perception of the inspector that the building which is to the south of the grocery stores, and you can see the pictures there, was having over 25 percent of utilization of the accessories -q use which was also by the applicant taken out by the applicant prior to the —1 Code Enforcement issue. I'm going to include this as an exhibit. The reason that we are here is because we went in front of the Code Enforcement Board {F _ r 137 January 28, 1993 and at that time, the only way that we could proceed in an administrative way to get a relief of what we were trying to seek is to mitigate that 25 percent. It was ordered by the Code Enforcement Board that we should continue through the process of the City up to here, the City Commission, to obtain the relief on this. Now, I would like to say in behalf of our applicant and all the other applicants that the processes made to January 1st, it has taken us over... close to ten months from what the Code Enforcement Board requested to here. So, in reality there have not been any fines issued because the Code Enforcement Board has said that we would have to go through the process. At that time, we were given 90 days to proceed. But when we requested to go in front of the Code Enforcement Board again to obtain an extension, it was the Code Enforcement Board policy, at that time, that they were not given extensions until we would finalize the process of this application. Just for that matter of information to you, I would like to say to you that items 6 and 7 which become more or less companions because we can not really separate each item and I would like to address first the land use which is item 6. But also I would like to address, with your permission, the item number 7. Because it is a companion item and you cannot really separate one side of the property from the land use and from the actual zoning change... Mayor Suarez: One quick question, may be, in layman's terms if you can give it to me. Why are you seeking this? Mr. Perez: We are seeking this because the actual owner of the house, a CPA (certified public accountant), who has all the permits required, is living there and the only problem that she exceeds in the perception of the Code Enforcement officer over 25 percent of the accessory use permit that has been taken out by the City of Miami. What we are trying to do since she has been there for seven years to try to alleviate her efforts to live in the house and maintain her actual business as it been there for seven years. Plus we are trying to mitigate the facts that are hazardous problems that exist in the property due to the widening of the 17th Avenue. Mayor Suarez: Do you own both of these properties? Mr. Perez: No, sir. We do not own both of the properties. Due to the code you're required to have a 200 linear feet in the frontage to request a land use and an atlas change. Mayor Suarez: Which I never understood. Now, since you don't have 200 feet, what do you do, get your neighbor to go along with you? Is that what you do? Mr. Perez: That is correct. Commissioner Alonso: That's right. Otherwise, you don't even have the opportunity to apply. Mayor Suarez: That's lovely. Whoever made up that system. So you went and got... You have a commercial property and you went and got your neighbor who 1s a residential facility... Commissioner Alonso: We11, as a matter of fact, this is a residential facility using the commercial neighbor. 138 January 28, 1993 •tea.- -.: i rtfK'� i1 �i y Mr. Rodriguez: The other way around. Mayor Suarez: The other way around? y Commissioner Alonso: Yes. 11 Mayor Suarez: Figure that one out. But I'm sure he's really here on behalf of Commercial neighbor, right? Mr. Rodriguez: No. Commissioner Alonso: No, residential. Commissioner Plummer: No, he's here for the residential. Mr. Perez: That's correct. Ms. Slazyk: The home occupation. Commissioner Alonso: The commercial has no problem whatsoever. It's been theire for years as a grocery store and.... Mayor Suarez: What do you plan to do with the residential? Maybe I'm missing something here. By changing it from residential to commercial -residential, what is he planning to do? Ms. Slazyk: Office. Mr. Perez: Well, the only thing that we are planning to do is to obtain a -_ relief of the 25 percent that the accessory use permit the home/office occupation to be getting a relief by this Commission. Mayor Suarez: There's a requirement in the City, I mean, there's a permission -_ in the City of Miami, I think the only one in all of Dade County that allows you to have an occupation in your home, in your residence, if it doesn't occupy more than 25 percent. Mr. Perez: That is correct. - - Commissioner Plummer: There are other stipulations. — Commissioner Alonso: That's right. j Mayor Suarez: You want to be relieved from that. - Mr. Perez: Yes, because... - Mayor Suarez: To do what? _ i; Mr. Perez: We want to have more than that 25 percent because she's a CPA. = x She been seven years and you know CPAs have a lot of papers and what happens is the files have more than 25 percent 1n reality. Now, we want to make sure } you understand that we do not want to make this into a commercial building. = 139 January 28, 1993 = 1 .7 rii Mayor Suarez: Why...Virgilio, these are very simple questions. Maybe just reflects try ignorance of all of this or my inability to understand your pictures. Why does it look like the business and house here are right along 17th Avenue and yet 1n the picture it looks like they are at an angle to one another? They're perpendicular to one another. What am I missing here? Vice Mayor Alonso: They are...adjacent. Mr. Perez: No, these are,adjacent to one another at 17th Avenue. Mayor Suarez: The commercial has a very small frontage on 17th Avenue and a huge frontage on the side street? Mr. Perez: No, sir, they are right here. If you can see here from 14th Avenue to 14 Terrace... 14th Street to 14th Terrace. Mayor Suarez: A11 right. May be I'm not seeing at the picture correctly. I certainly have driven by there enough times. Maybe it the fact that you have wrinkles on the picture that I'm seeing angles where they don't exist. It looks like it. Vice Mayor Alonso: Yes, the picture is confusing. It is like this. Mr. Perez: If you look at the elevation, this is the grocery store and this is ... Mayor Suarez: It actually a nice simple street but you making it look like goes that way because of the picture. OK. Mr. Perez: I'm sorry about that. Mayor Suarez: You think that only happen when you have a big chunk of the globe, you know, and you have curvature of the earth but you managed to get curvature out of 100 feet, but 200 feet in this case. All right. It still look weird to me. Oh, I see that other wrinkle is not really another corner either. That's just a wrinkle in the picture. Wow! Mr. Perez: There are two pictures here because that's not a wide angle camera to... We superimpose one picture on the top. Mayer Suarez: The owner of the house wants to have more than 25 percent for accounting? Mr. Perez: That is correct. Because of the files and all that and she... Mayor Suarez: And to be able to apply for this, goes out and gets the supports of the neighboring commercial property? Wow! Mr. Perez: Under the Code, she has to do that. Mayor Suarez: Y gather that. It's a strange way of coming in. OK. -1 —; Mr. Joel Brito: May I address the board? - ,4 140 January 28, 1993 - a =1 � 2 Mayor Suarez: No, no wait. Are you in opposition? Mr. Brito, Yes. r Mayor Suarez: No, believe me he's not doing real well right now. So your side... He's trying to explain these pictures right now which... Commissioner Plummer: You are bad. Mayor Suarez: We love him to death but this is a strange application here. Go ahead. Mr. Perez: Well, 1t is a strange application, I agree with you, because the actual owner of the house has all the permits the City of Miami required to operate under a 25 percent accessory use. Out since we had a Code Enforcement issue, we had to come to alleviate you in front of this board. That is the original... Mayor Suarez: How much more than 25 percent would they be incline to use for the accounting practice? Mr. Perez: I probably say around 50 percent but the only problem there's no code for this... Mayor Suarez: Once you get relieved of it, you can go up to 100 percent. Is that what you... Mr. Perez: The Code of the City of Miami will not permit to go 50 percent, 30 percent. It has to go to change from accessory use to commercial use. There's no relief from that. But our client will be willing to place a covenant in the building that they will not utilize this building except for an office building as an accounting practice. They will be willing to do that. That will be under part of our client. Plus, right now, the actual site plan of the property, as you can see, if I can show you, maybe the side plans are better than my pictures... Commissioner Alonso: Are they going to move out of the property? They will continue to live at that site? Mayor Suarez: The relief will not allow them to move out, as the Commissioner 1s asking? The percentage relief does not allow them also to move out. That's a very logical question. Why didn't you guys think of that? If you don't have a limit on the percent, there's a point at which 99 percent, let's say, use for accounting, they can't live 1n the other 1 percent. Are they being allowed to leave then isn't that art of the r i t t i p equ remen s, yp calISO that it be an accessory use to a resident, you have to live there? Mr. Rodriguez: You have to live in the property. Mr. Perez: They do live in the property. Commissioner Alonso: They do now, but the property is not that large. Will _ _ they be able to have that much of a business and be able to live in the - - property? I know the property. - = 141 January 28, 1993 , ; rHr: �a -� Mr. Perez: Right now, they're doing that. They have the part of the business - and they live 1n the property right now. Commissioner Alonso: They do now. I rellize that but this is not a very large property and wonder if they use that much for office space, how would they manage to live at the property at the site? Mr. Perez: Well, it's exactly the same time that doing it right now. They don't want to move out of the property. The only problem is the Code Enforcement officer said that they have more than 25 percent utilization of the property. Mayor Suarez: How much do they have? Mr. Perez: They have probably around 50 percent. Mayor Suarez: So they are living on half the property and then if they get a relief from having the requirement at all, they can live on as little as one percent or .1 percent? Mr. Perez: But not only that, what the problem is what we have in the 17th Avenue. When they widened 17th Avenue, they have right now the parking problem which is really a hazardous problem because the way it is all the cars have to back up into the 17th Avenue which creates a hazard for vehicles and —' also for people who walk there on the sidewalk. If we obtain this kind of a variance, we will present a new side plan which has to comply with the City Code that will create a perfectly legal parking area which is inside the Code of the City of Miami, plus landscaping which is required in order to obtain the necessary permit for the property. As you can see in this other site plan, the difference from this one to here. Mayor Suarez: If I may interrupt you for a second just to understand something, how come you have commercial right next to residential there? Mr. Rodriguez: Because that commercial was there for a long long time before the ordinance existed. Commissioner Plummer: It has been there for years. Ms. Slazyk: It's a legal nonconforming. Mr. Rodriguez: Nonconforming use. Commissioner Plummer: Oh, yeah. Mayor Suarez: It is a nonconforming legal use. Mr. Rodriguez: To answer your question, I think you got it clear now but, you know, they cannot get a variance on the 25 percent. So either they change the zoning and they became commercial. Then at that point they will have to come in the future probably before you again to get a variance for parking because they won't have enough parking there or else at this point, they cannot have the home occupation beyond the 25 percent. That's all. 142 January 28, 1993 " 5 Commissioner Plummer: Let me ask this question. Does it make any sense not necessary in this application, but in general, to allow more than 25 percent? Mr. Rodriguez: I think what will happen is that you may have opposition from neighbors because you are changing the character... Commissioner Plummer: Not this application. Mr. Odio: I know, 1 mean in general. What will happen 1s you may be able to put up with a situation with 25 percent of the property used for - nonresidential use... Commissioner Plummer: So you're saying that 25, you think, is adequate. Mr. Odio: Twenty-five seems to be reasonable. We have been using it for a while, you know. Commissioner Plummer: Just asking. For a while? Every since I have been here, and I have been here forever. Mr. Rodriguez: That's a while. That's a while, yeah. Commissioner Plummer: Loud mouth. Commissioner Alonso: How large is the property? Mr. Perez: I think the property is 50 by 100 but... Commissioner Alonso: The lot but... Mr. Perez: The lot, I think, it's not over 1800 square feet. Commissioner Alonso: How much? Mr. Perez: 1800 square feet. I don't think it's more than that. It's really like an elongated single-family house. If you can see on the site plant on the side of property it's very small. Commissioner Plummer: Eighteen hundred square feet, did he say? Commissioner Alonso: That's what he said. Commissioner Plummer: No, it has to be 50 by ...You're saying the house or the property? Commissioner Alonso: The house. Mr. Perez: The house. Commissioner Plummer: The house. 0h, I'm sorry. Mr. Perez: The house. Now, the reason we're here is just to obtain the relief because of that code enforcement issue. I think not only that, but 143 January 28, 1993 e • 17th Avenue has changed itself since it was widened and you can see, I'm glad that the Planning Department brought this map because we brought in first the map and now they have done a better job than us, since our exhibits were behind there somewhere with Ms. Fernandez. Now, you can see 17th Avenue has changed completely her... really... type of Avenue it was. It was first a residential avenue but now it has become commercial. In the planning recommendations first, it was mentioned that there was not a different type of zoning that residential, which is true, except that we have there, as you can see in the map that the Department of Planning has shown that you have a commercial four blocks away from it. It's also a nonconforming use but has a grocery, bakery and everything like the one that we have adjacent to our property. I hope that, not only in the realm that, we are trying to change this property to conform to the person who living there to maintain it, but we are also trying to bring this property in conformance with the Code of the City of Miami that says if you have something which is illegal nonconforming it should be treated as something which is conforming according to the Code. So, I hope you will consider this and I will reserve myself for rebuttal for the neighbors. Vice Mayor De Yurre: OK. We'll hear from some of the neighbors if anybody want to speak up, this, is your time. State your name and address, please. Mr. Brito: My name is Joel Brito. I live at 1656 S. W. 14th Terrace about four or five houses away. I've been there 16 years and they only been there seven years. I grew up there, played football in the street. It wasn't a busy street, we had a good time and everything. But, now, if you put some other business there, you'll have more... They have traffic now because of that business. I can't have my kids playing out there. In the near future they will be playing because of this. Soon they are going to request to have... Vice Mayor Be Yurre: They don't play on 17th Avenue, right? Mr. Brito: No, on 14th Terrace. Vice Mayor Be Yurre: OK. Commissioner Plummer: Not since they made 1t 40 miles an hour. Mr. Brito: Soon, they going to ask for parking spaces there. That's going to really mess up the place. Our next door neighbors, for example, they have eight units and that's zoned duplex, in our area that's zoned duplex. Our next door neighbors have a two-story house and they have eight units. OK. Eight units and we complained to the City, that's 1668 S.W. 14th Terrace. Thank you. Commissioner Plummer: Has how many units? Mr. Brito: Eight units at least. Commissioner Plummer: And it's in what zoning? Mr. Brito: Zoned duplex. Am I right? 144 January 28, 1993 Commissioner Plummer: It's zoned R-1 and you said you have complained in the past. Mr. Brito: About a year and a half ago, they have been fined, I think, daily. Commissioner Plummer: They must have gone to Code Enforcement because they -; never do anything. Mr. Rodriguez: What is the address? 1668... Mr. Brito: 1668... Mr. Rodriguez: South west... Mr. Brito: 14th Terrace, our next door neighbors. OK. 14 cars, 15 cars, parties.. Commissioner Plummer: Can we have a report back on that, please? Mr. Rodriguez: You will for sure. Mr. Brito: They have patties. They change their oil in front of the street. They park in front of my parking lot. It's a nightmare. But going back to this, we're totally against this. This is going to ;Hess up our neighborhood and for example, the grocery store, next door to their house, has a parking tot. Everybody that comes to the grocery store park in their own parking lot. Any clients of the CPA would have to park on the street and block in our neighbors' driveway like they usually do and that's... We're totally against this. Our neighbors are back here, they're opposed to this. Commissioner Plummer: But you understand that they have that right under our present laws to operate 25 percent of house as a CPA. Mr. Brito: OK. Commissioner Plummer: No, it's not OK. That's the law. Mr. Brito: They're asking for more, right? Commissioner Plummer: Well, no. What I'm saying, even if we deny this change that it is a permitted and legal use where at least 25 percent to be used for commercial aspect. Mr. Brito: We understand that. They're been doing it for the last seven years, but we are opposed to what they want to do now. The driveway that they have, they don't really have to back up into 17th. It's a semicircular driveway. They could go forward and drive head on first to 17th. So, basically that's it unless anybody else want to talk. Mr. Rodriguez: Also, Commissioner, to your question. The reason why the applicant is here is because they really don't comply with that. They are beyond the 25 percent. They exceeded. The use could be there, but not the amount. 145 January 28, 1993 ' "fT P RY �r i Commissioner Plummer: Yeah, but, Sergio, let me ask you a question. Let me ask a dumb question. Dumb only if you don't know the answers. If they were to change this to a RC, Restricted Commercial, how, from what I know of that -- resident, could they comply with the parking? Mr. Rodriguez: They will cane to ask for a variance. There is a case before the zoning board already asking for a variance. Mr. Slazyk: They already have. Commissioner Plummer: Well, I... Mr. Rodriguez: That's ... I agree. That why we're recommending denial. 4-1 Vice Mayor De Yurre: The plot thickens. =� Commissioner Plummer: Let me ask this question. Just for my edification. If 4 1t were to be changed to a RC and the whole building were to be used for a CPA =� office, how many parking spaces would be required? Mr. Brito: That's right. Ms. Slazyk: One for three hundred. Mr. Rodriguez: They have presently... Commissioner Plummer: So that will be six spaces. Mr. Rodriguez: No, no. Let me see. They have presently... Commissioner Plummer: He said 1800. Mr. Rodriguez: He wrong in the figure. The figure is 2255 which is the square footage. of the building now. So, it will be about eight parking spaces. Mr. Brito: You can't.. What are you going to do? Tear the next door neighbor's house down? Commissioner Plummer: No, we stack them one on top of the other. Mr. Brito: Thank you, Mayor, Commissioner Plummer, thank you. You know, can I add something else? We're really totally against this and hopefully, you guys will vote for our favor. OK. We want to keep it a residential neighborhood. What happens next year when these people decide to move? Who is going to move in there? I don't know what restricted commercial means. Could a bar move in next year? Is that a possibility? Unidentified Speaker: Yes. Mr. Brito: Is that a possibility? — " Ms. Slazyk: No, they will need a special... 146 January 28, 1993 ... r + Mr. Brito: But, you know, something else can move in next year that can be worse than the CPA firm. Is that right? Commissioner Plummer: Let's play it fair. OK. They can voluntarily give a covenant restricting themselves to anything. If they give a covenant voluntarily that they will only have a CPA in that then they're restricted to that and we can hold them by that. OK. Mr. Brito% At 25 percent. Commissioner Plummer: No, no. At any percent. Excuse me. Just so you know. We can restrict by a voluntary covenant anything that they agree to. I is not going to happen, but they could. Mrs. Brito: Thank you. E Vice Mayor De Yurre: Thank you. Anybody else? Good. Your name and address, 4 please. Ms. Silvia Hernandez: Good evening. My name is Silvia Hernandez. On behalf of my parents, Louis and Barbara Valdez, which are the most effected on this which they live adjacent to the property. Vice Mayor De Yurre: Address? Ms. Hernandez: Located at 1689 S. W. 14th Terrace. My parents have lived there for the past 14 years and it been always a healthy environment in our neighborhood. For the past seven years, it's been very unbearable to live there. Number one, the living conditions - this property has never been a ' piece of attractive property toward 17th Avenue if you all pass by there and I'm sure all of you have. The parking has always been issue. Everything in black and white look very well when it comes to pictures, floor plan and enhancements on landscaping. But when you know the property, you know that these enhancements cannot be done. If this property is totally occupied as offices, this person will have employees. Where will these employees park? In our driveway. It's unbearable to back out in the morning, it's unbearable to get there in the evening. There's no parking. The driveway is blocked. They have no sympathy whatsoever for their neighbors. If they would at least be sympathetic but they're not. Now, intone tax time is coming. Where are these people going to park? We get there in the evening and it's the same issue everyday. When you buy a piece of property, it's to get home and find parking and have a healthy environment. What do we have? So, I hope you all consider this decision tonight and be in our favor. Vice Mayor De Yurre: Thank you. Ms. Hernandez: Thank you. Vice Mayor De Yurre: Anybody else? OK. Virailio OK. One more. Here we go. Name and address. Ms. Zulema Diaz: My name is Zulema Diaz, and I live 1669 S.W. 14th Terrace and I did have a question. What, God forbidding, if this person would pass away? This is already a C-1 residential. 147 January 28, 1993 Mr. Brito: But, you know, something else can move in next year that can be worse than the CPA firm. Is that right? Commissioner Plummer: Let's play it fair. OK. They can voluntarily give a covenant restricting themselves to anything. If they give a covenant voluntarily that they will only have a CPA in that then they're restricted to that and we can hold them by that. OK. Mr. Brito% At 25 percent. Commissioner Plummer: No, no. At any percent. Excuse me. Just so you know. We can restrict by a voluntary covenant anything that they agree to. I is not going to happen, but they could. Mrs. Brito: Thank you. E Vice Mayor De Yurre: Thank you. Anybody else? Good. Your name and address, 4 please. Ms. Silvia Hernandez: Good evening. My name is Silvia Hernandez. On behalf of my parents, Louis and Barbara Valdez, which are the most effected on this which they live adjacent to the property. Vice Mayor De Yurre: Address? Ms. Hernandez: Located at 1689 S. W. 14th Terrace. My parents have lived there for the past 14 years and it been always a healthy environment in our neighborhood. For the past seven years, it's been very unbearable to live there. Number one, the living conditions - this property has never been a ' piece of attractive property toward 17th Avenue if you all pass by there and I'm sure all of you have. The parking has always been issue. Everything in black and white look very well when it comes to pictures, floor plan and enhancements on landscaping. But when you know the property, you know that these enhancements cannot be done. If this property is totally occupied as offices, this person will have employees. Where will these employees park? In our driveway. It's unbearable to back out in the morning, it's unbearable to get there in the evening. There's no parking. The driveway is blocked. They have no sympathy whatsoever for their neighbors. If they would at least be sympathetic but they're not. Now, intone tax time is coming. Where are these people going to park? We get there in the evening and it's the same issue everyday. When you buy a piece of property, it's to get home and find parking and have a healthy environment. What do we have? So, I hope you all consider this decision tonight and be in our favor. Vice Mayor De Yurre: Thank you. Ms. Hernandez: Thank you. Vice Mayor De Yurre: Anybody else? OK. Virailio OK. One more. Here we go. Name and address. Ms. Zulema Diaz: My name is Zulema Diaz, and I live 1669 S.W. 14th Terrace and I did have a question. What, God forbidding, if this person would pass away? This is already a C-1 residential. 147 January 28, 1993 gw.u� w _____ ---- _,,._..._.�,,,,,,�,,,,,, 4 1; Pmz'NOI low — Vice Mayor De Yurre: J. L. Plummer takes care of that department. — Ms. Diaz: I'm sorry. Commissioner Plummer: Conflict of interest. =— Ms. Diaz: Our main concern, you know... -- Commissioner Plummer: You mean after I make a profit, what happens then, right? Ms. Diaz: No, no, seriously. Let's say it's in all good faith and you know everything is fine. j== Commissioner Plummer: To answer your question, it has no bearing. The zoning runs with the land not the person. Vice Mayor De Yurre: Whatever happen here attaches to the land, not the person. Ms. Diaz: Exactly. They have this little... I'm not sure what you call it, but this promise whatever that... they always keep it at CPA firm... Commissioner Plummer: Oh, no. if they give a covenant, it is binding on the �= land not on the person. Ms. Diaz: OK. So, it will always be 50 percent of the property CPA only. Commissioner Plummer: If that is what the stipulation called for and they agreed to... Whatever they agreed to and we agreed to would be the fact. Yes. Ms. Diaz: OK. We still don't agree with it. Like they were saying previously, our parking is one of the worse situations. Maybe we could, you know, do one of those stacking... Commissioner Plummer: Your house is not the one with eight units, is it? Ms. Diaz: No. Myg is in front of the one with eight units which I happen to have all those problems with. We spoke about thisat the last time in there. I think they are looking into this situation. The parking, like I said, I don't see very well how they can have eight parking spaces in the little... Commissioner Alonso: It's impossible. Ms. Diaz: It's impossible. Parking and landscaping and living area, plus business? I don't think so. I mean, you know, I'm not realty an architect or anything like that but foreseeing, passing by there and I just live three houses away. I don't see it possible, I mean, and being healthy environment for the rest of the neighborhood plus like we were saying, it will become like a business. You lose your whole image of a neighborhood. Once this start becoming business because after she'll become then two blocks later, they're going to want to have another business. Before you know it you're surrounded 1,48 January 28, 1993 9 with businesses and your homes are no longer residential, you know, nice neighborhoods, you know, residential areas. Vice Mayor De Yurre: OK. Thank you very much. Ms. Nix: You're welcome. Commissioner Alonso: They have spaces for three parking? Mr. Rodriguez: I cannot see from here but it look like they have space for probably three parking spaces. Vice Mayor De Yurre: Are you allowed to have the type of parking you can pull in and pull out or it has to be circular? Mr. Rodriguez: They have to meet the requirements of parking that is leaving...I believe space of 23 feet in between the two parking stalls where you have to have... Ms. Slazyk: They can't back out in the street. Mr. Rodriguez: They can't back out in the street. Vice Mayor De Yurre: They can't back out. Let me ask a couple of questions here. Virgilio, did you say that the problem was that they had over the 25 percent, but the overage was due to file cabinets and things of that nature? Mr. Perez: It was due to file cabinets, paper and all that they have over there. —i- Vice Mayor De Yurre: OK. Now. You are asking us to change that area because of files and documents. Have they considered renting a warehouse? Mr. Perez: No, I'm not asking you to change that area because of the files and all that... I not only considered to change that area just... not only that, because of the hazardous condition that this property right now which is legally nonconforming has in 17th Avenue. Just to mention something, Mr. De Yurre, the neighbors are saying that they have a problem with the parking. This CPA office is closed at night. Now, if you go down 14th Terrace at =` night, you see seven cars, six cars, four cars, not parked on street but parked in the yards which is against the code enforcement issues in the City of Miami. So, just right now this man who has said he's against this application says there's a residential right now by the Planning Department that has eight units. Vice Mayor De Yurre: Virgilio, are you telling me now for the record that this office is never open after 5:00 o'clock even during tax season? Is that what you are telling me? Air. Perez: I will have to ask the applicant but... -� Commissioner Alonso: No, that is not true. Vice Mayor De Yurre: Is the applicant here? 149 January 28, 1993 =i« Mr. Perez: Yes, the applicant is here. Wiil the applicant come over, please. Vice Mayor De Yurre: I want an answer to that. Ms. Berta Sanders: Yes, we are open. Vice Mayor De Yurre: You''re open. Ms. Sanders: Yes, we do, but people cane with appointments and we space... Commissioner Plummer: Excuse me, you must come to the microphone to be on the record, please. For the record, will you state your name and mailing address and then proceed. Ms. Sanders: My name is Berta Sanders. I live at 1415 S. W. 17th Avenue and I own the property in question. Yes, we do open at night during tax season. People come in with appointments and we usually have space in my driveway for people to park. And just for the record, let me mention that no one that ever goes into my office blocks any of my neighbors' driveway because we make a point to ask them to please be very careful where they park. And whereas there is a parking situation in my block, it is not caused by my office. It is caused by all the illegal additions on all the homes on that street. I think the issue is not being focused fairly regarding my business and that's all I got to say. Thank you. Vice Mayor De Yurre: Let me ask you something if I may. Tel us the configurations of your office. How many employees and things of that nature you have there. Ms. Sanders: I have one full time employee who lives two blocks away. I have a lady that comes in to clean who lives across the street who does not drive to work and I personally park my car at that lady's house across the street from my house. All right. Vice Mayor De Yurre: OK. Ms. Sanders: Thank you. Vice Mayor De Yurre: Thank you. Any further comments? Mr. Perez: Yes, Mr. Vice Mayor. I would like to say that the parking problem that have arise [sic] here by the neighbors is not really something that the CPA office is creating. It's created, like Ms. Sanders says, by illegal units. I've personally have gone there through night and you can check that of all the cars that are parked on top of the soil and not only on the street. But I'll say that we have tried to comply with this application with the Code Enforcement, I mean, with the code of the City of Miami which means that the parking spaces will be according to code plus not only that, that landscaping will be there that will enhance the neighborhood and I would like to say that the problem of the CPA office has been seven years will not go away because they been there, they have an accessory use, they might not be permitted to be over 75 percent, but they can do it according to the City of Miami. 150 January 28, 1993 Vice Mayor Be Yurre: Are you telling me that if you get what you want, which is 50 percent occupancy for the office, right? That's what you're looking for? Mr. Perez: We're looking around that. Vice Mayor Be Yurre: Are you telling me that you'll be able to provide five parking spaces? Mr. Perez: No, we will not be able to provide 5 parking spaces but we will be able to provide more parking spaces with a new site plan that... the one that we actually have right now plus we will be eliminating the hazardous conditions that we're having into 17th Avenue. Because when we have and you can see the site plan on the left, when you have one car parked right in front of the other one, the only alternative for the other car is to back up into 17th Avenue. And this is legal! This was created when 17th Avenue was widened. It was not her problem. Vice Mayor Be Yurre: What do you have there, like a carport or something on the side? What is it? You're knocking down something? What's that there on the side? Mr. Perez: Yes, right now there's a carport which is permitted. It has a permit completely and this is the driveway which 17th Avenue, when it was widened, it made that. Now, on the new site plan here, you're knocking down the carport and making a handicapped parking space which is not provided right now and also two parking spaces that have enough back out to go to the frontage through 17th Avenue plus we are creating all the landscaping that will enhance 17th Avenue and we all know that 17th Avenue looks very bad as it is. Vice Mayor Be Yurre: But then you are telling me, because you said that you would be able to provide the parking required under code. How many parking spar.es are we talking about? j Mr. Perez: No, I didn't say I would require... We need seven parking spaces. -i Vice Mayor Be Yurre: Can you meet the law? _! Mr. Perez: No, no. What I said, the parking required under the code to back up and enter...the space requirement of the code not the amount of parking required by the code which we don't have right now either. Right now, we only —1 have two, circular driveway and we don't even have a handicapped. And this is all permitted and this completely... _? Vice Mayor Be Yurre: How was it determined that the space requirement was not " being met? Mr. Perez: The area... Vice Mayor Be Yurre. Let me ask the Administration. How did you determine =fi that the space requirement was not being met? i 151 January 28, 1993 L 6 Ms. Slazyk: Well, there's no space requirement for the 23 foot on — residential. - Vice Mayor De Yurre: I'm talking about the 25 percent. The 25 percent use of the property. Ms. Slazyk: It was a complaint. When Code Enforcement went to check it out, they found more than 25 percent of the house was being used. Vice Mayor De Yurre: so, Code Enforcement actually went into the property and measured? Mr. Juan Gonzalez: Commissioner, Juan Gonzalez Planning, Building and Zoning. Very difficult under house occupation to measure what the percentage is. Obviously, it's over 25 percent. The exact percentage we couldn't tell you, but measurement wise due to the fact that, it's very difficult sometimes to determine what belong to house and what's been used for office. However, we certain, and we proved our case in the Code Enforcement that more than 25!- percent was being used as the office space. Commissioner Plummer: Question. At the present time, what is the maximum legally parking spaces you can put on this parcel? Maximum. My question is = - basically is, can he get more than 25 percent use to comply with the parking out of what's there now? -- Mr. Gonzalez: Well, he cannot get more than 25 percent as an office. That is the limit. That is the maximum. Mr. Rodriguez: Parking. How many parking spaces? Commissioner Plummer: That's not my question. What the maximum parking spaces, legally, he could get on this site today? Mr. Perez: Mr. Plummer... Commissioner Plummer: Let's see what they say? You don't understand? J Commissioner Alonso: This property, how :many parking spaces legally, can they =f have? Mr. Rodriguez: He can fit three. Looks like he can fit probably three parking spaces from seeing there. Commissioner Plummer: Three. And under the present conditions of 25 percent of 2200? i j Mr. Odio: Right. Commissioner Plummer: So, he couldn't really use any more of this structure than what he's presently using without a variance for parking. Is that correct? Mr. Rodriguez: Right. That's correct. �f _ I 152 January 28, 1993 ?IN 'N •k�fi -�Z- Commissioner Plummer: That's the point I was trying to ask. Mr. Rodriguez: And they have an application for a variance. — Commissioner Plummer: He does have an application? Ms. Slazyk: It's pending before the Zoning Board now. Commissioner Plummer: Tell us what... How much... What of what? Ms. Slazyk: They're requesting four of seven. They are required seven. They're requesting a variance for four of those. Commissioner Plummer: Excuse me. How can he apply for a variance when he has not got this approved? Mr. Rodriguez: That why it's being held. Commissioner Plummer: No, no. How can he even apply? Mr. Rodriguez: You can carry two obligations at the same time, but they cannot continue. Furthermore, in that way the Zoning Board will know the intentions of the applicant early on but he cannot continue the process. Commissioner Plummer: Doesn't make sense. Mr. Rodriguez: It will help you make your decision, because you know exactly what he has 1n mind. Commissioner Plummer: Well, yes. That's true but in a way it's almost robbing him. If we deny this, the other one 1s automatically dead. Commissioner Alonso: Yes. Commissioner Plummer: And the money he paid for that variance is money wasted. Mr. Rodriguez: That's his risk. Commissioner Plummer: And time wasted. Mr. Perez: That is correct. We would like to to say, for the sake of argument, that will profer a covenant that this building will only be used as an office building and we will have the covenant running with a land as normal approved by the City Attorney. I hope you will reconsider this and understand that what we have right now is existing, that what we have right now will not go away. The only thing that we have done is create a better ambiance, a better site for the actual grocery, the actual CPA office because we have enhanced it with landscape and we have created parking spaces that right now where they have is not according to Code. What we are trying to do, is only put the actual existing building which are doing something right now which is illegal nonconforming to become conforming according to the Code of the City of Miami. 153 January 28, 1993 Vice Mayor De Yurre: to the neighbors. x Will your covenant include free income tax and service Mr. Perez: I can't answer that. I'm not a CPA. Ms. Sanders: You would be surprised neighborhood. Vice Mayor De Yurre: OK. Thank you. at how many get free taxes in that Commissioner Plummer: They'll all wind up in Air Force Base. Welcome to Club FED. Commissioner Alonso: Have you tried to speak to the neighbors and see if you can find some sort of agreement, a compromise? Have you met with the neighbors? Mr. Perez: Yes, Madam Commissioner. Last night I met with the next door neighbors and I tried to say that we should meet and try to get a compromise because, not only the parking problem is there. I would like to be truthful with you. There are certain problem, the dogs are a problem... Commissioner Alonso: I thought that was part of the problem too on that. They bark all the times. I thought that was one of the problems. Mr. Perez: ...for the next door neighbors. I told them last night that applicant would be willing to work with them and try to appease them as much as possible as much as they would like to have. Now, they said that they thank you very much for being there but they had set their minds on. I said, maybe, you know, we might... everybody might lose the battle and maybe somebody will win the battle if we get an accordance and everybody would be happy with what could happen. Now, we're here in a situation that we have to present this case as it is. Vice Mayor De Yurre: OK. Comments. Suggestions. Commissioner Plummer: As I see it, it is a lose/lose situation. If he gains, he loses, if he loses he gains. I don't see how. Have you tried to buy the property behind this one? Mr. Perez: I don't think they would like to sell it. I was there right there and they have a beautiful home. Commissioner Plummer: You see, if you own the property behind, then you would have parking. Mr. Perez: I agree. Commissioner Plummer: All right. Then, you know, it... Vice Mayor De Yurre: What's the procedure as far as Code Enforcement if this were to be denied? 154 January 28, 1993 l Mr. Gonzalez: Commissioner, if this particular item would be denied today, they would have to file an affidavit of noncompliance dated back to September 27, 1992 which was the original date that they were supposed to be in compliance and the current fine will be $18,000 lien against the property and $150.00 per diem fine running, Fir. Perez: Excuse me. I thought that the Code Enforcement, when we mitigated this fine, that gave us the opportunity to... Vice Mayor Be Yurre: You guys are going to be arguing with each other. It is this way here. So, they get hit with an $18,000 fine. Mr. Gonzalez: In other words, if there's no solution, they will have to revert back to the 25 percent, or cease the operation. Vice Mayor Be Yurre: And you would go back in there to make sure that that 25 percent was being enforced or being applied. Mr. Gonzalez: Yes, Commissioner. Vice Mayor Be Yurre: And if this is approved here tonight, then the $18,000, or see you later? Mr. Gonzalez: If this is approved tonight, once they do the legal conversion, obviously, we would issue a certificate of compliance. Then, if there's any outstanding fines, it would be mitigated. If there's no fine, obviously, it's the end of the case. If they do get a legal change of use and legally convert to an office. Commissioner Plummer: What happen to our 15 percent we just imposed? Mr. Gonzalez: That, Commissioner, is to be determined 1f there's a mitigation. Vice Mayor Be Yurre: OK. Suggestions? Commissioner Plummer: I guarantee you'll feel differently if your salary depended on it and it does. Vice Mayor Be Yurre: Any motions, ideas? I turn it back to you, Mr. Mayor. Mayor Suarez: Move to deny. Vice Mayor Be Yurre: Is that's your motion? Mayor Suarez: Yes, sir. Vice Mayor De Yurre: We have a motion to deny. Is there a second? Commissioner Dawkins: Excuse me. recommendation of the Administration? Mr. Rodriguez: Yes, sir. Is that a denial to uphold the 155 January 28, 1993 r� Commissioner Dawkins: Or is to deny, to grant it and reverse the decision of the Administration? Mr. Rodriguez: The Administration recommended denial. Commissioner Dawkins: So, 1f the Mayor says denial, that means... Mayor Suarez: Withhold the recommendation. Mr. Rodriguez; Withhold., Commissioner Dawkins: Uphold... Mayor Suarez: Uphold rather. Thank you. Mr. Joel Maxwell (Assistant City Attorney): This is a clarification. This is not an appeal. Mayor Suarez: Whatever I have to do to make sure that they have to stick to 25 percent requirement for professionals activities. Mr. Maxwell: What you have before you now is a Comp Plan change, Item 6. Item 7, the companion item, is a zoning change. Mayor Suarez: They want to go from residential to commercial/residential, right? I want to deny that change. I want to keep it residential, it's a neighborhood. Commissioner Dawkins: All the people who are homeowners and pay rent will —, they stand back there. I mean, homeowners will you stand. You are homeowners? OK Sit down. Thank you. I'm going to second the Mayor's motion because if I were a homeowner I think I would not want the intrusion of the commercial there, more than it is. So, I second the motion. Vice Mayor Be Yurre: We have a motion and a second. Any further discussions? Call the roll. The following motion was introduced by Mayor Suarez, who moved its adoption: MOTION NO. 93-66 A MOTION TO DENY AGENDA ITEM PZ-6 (PROPOSED FIRST READING ORDINANCE AMENDING ORDINANCE 10544 TO CHANGE THE FUTURE LAND USE DESIGNATION OF PROPERTY AT APPROXIMATELY 1415 S.W. 17 AVENUE/1691 S.W. 14 TERRACE AND 1401 S.W. 17 AVENUE FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL). Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: 156 January 28, 1993 G s — AYES: Commissioner Miriam Alonso — = Commissioner Miller J. Dawkins = — Commissioner J. L. Plumtter, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. = None. ASSENT: None. _- - Vice Mayor De Yurre: Item number 7. Mayor Suarez: Item 7. Ms. Slazyk: PZ-7 1s the companion zoning change. Mayor Suarez: Do we need to move or can we just skip to 8? Mr. Maxwell: You need to vote on 7 as well. Mayor Suarez: I will entertain a motion to deny 7. —= Commissioner Dawkins: Move. Mayor Suarez: Moved. —�, Vice Mayor De Yurre: Second. _ '4 Mayor Suarez: Seconded. Cali the roll. — = j The following motion was introduced by Commissioner Dawkins, who moved - its adoption: MOTION NO. 93-67 A `MOTION TO DENY AGENDA ITEM PZ-7 (PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 ZONING _ ATLAS [SCHEDULE OF DISTRICT REGULATIONS] TO CHANGE THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY t` RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT APPROXIMATELY 1415 S.W. 17 AVENUE/1691 S.W. 14 TERRACE AND 1401 S.W. 17 AVENUE). - - Upon being seconded by Vice Mayor De Yurre, the motion was passed and - _ adopted by the following vote: 157 January 28, 1993 - s, K. AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None, ABSENT: None. 25. (A) UPHOLD ZONING BOARD'S DENIAL OF REQUEST FOR SPECIAL EXCEPTION TO ALLOW A BAR AND POOL ROOM AT 801 N.W. 37 AVENUE, SUBJECT TO A VARIANCE TO WAIVE 37 OF 198 REQUIRED PARKING SPACES (Applicant: Joseph Rocco. Appellant: Alejandro Enriquez, Billiards -Yards, Inc.) (B) BRIEF ADDITIONAL COMMENTS BETWEEN MAYOR SUAREZ AND VIRGILIO PEREZ CONCERNING PRIOR DISCUSSION ON AGENDA ITEM PZ-6 (See label 24A). [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH* AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY EMILIO IZQUIERDO.] Mayor Suarez: Item 8. Mr. Joe McManus: Mr. Mayor, Item 8 and 9 are companion items. Item 8 is a Special Exception at 801 N. W. 37th Avenue. It's a shopping center there to allow the bar and incidental pool room and to waive 37 of 198 required parking spaces. Mayor Suarez: 801 N. W. 37th Avenue. Mr. McManus: It's right at the corner of Northwest 8th and Northwest 37th Avenue, the shopping center in there. The Planning, Building and Zoning Department is recommending... [AT THIS POINT, THIS ITEM WAS TEMPORARILY INTERRUPTED.] Mayor Suarez: Excuse me, for a second, Joe. Virgilio, you might tell your client you did a magnificent presentation even the part that I was outside. You might tell her that in some kinds of professional activities, the City has now prohibited them at all. Accountants are still hanging in there. I think lawyers do. I'm not sure why accountants and lawyers. Doctors have been eliminated. The tendency is to allow zero and in other parts of the County you're not allowed to have any professional activities out of your home. Some 158 January 28, 1993 4 people cheat, of course, and do businesses like investing and things don't require a lot visitors. Accounting, frankly, does requires certain amount of — visitors so having 25 percent is just an incredible privilege in the City. I don't know if that make it any better but... Mr. Perez: I agree, Mr. Mayor. The only thing I... Mayor Suarez: And if anyone could have convinced me to go in any direction, it would have been you. You earned your money. Mr. Perez: No, I really appreciate, Mr. Mayor. The only thing I'm worried about is My client has always obtained all the permits necessary for the City of Miami and I found here that they are trying to say that she owes $18,000 in fines when the Code Enforcement Board never intentionally meant to do that, only to go through the procedure. Mayor Suarez: OK. I don't know that today is the time. Because I don't think that we can impose or even recommend anything but we have been very lenient on some of the other ones and if there's any way to suggest to the Code Enforcement Board that they should be equally lenient here there would certain be a... _ Mr. Perez: I think my client will revert back to the 25 percent and we will - have Code Enforcement Board... Commissioner Alonso: I really believe in a case like this she should be granted permission to have 25 percent which she has by law and then no fines at all. Because she had a license. Mr. Perez: That's right. All permitted and everything legally. Commissioner Alonso: So in their belief, they were legally functioning in their property. Mayor Suarez: Yes, we certainly don't want to impose a hardship when we been lenient on the other ones where we agreed to a variance, so. Commissioner Alonso: So, what would be the process? They would have to negotiate with the City Attorney in this case? Mr. Sergio Rodriguez (Assistant City Manager): First, they have to come into compliance and once they come into compliance, they ask for a !meeting with the City Attorney to come into an agreement of a possible settlement for the fine. Commissioner Dawkins: Are these people in favor? Mayor Suarez: We are just sort of admonishing the City Attorney to be as, you know, accommodating as possible in this case, if that helps. We can't really interfere in that process. Mr. Perez: I understand. I just wanted to raise the issue. Thank you. Mayor Suarez: Very good. OK. I just wanted to say that for her benefit. Item 8. I'm sorry. 159 January 28, 1993 Mr. McManus; Mr. Mayor, this is an appeal of a special exception and a variance in items 8 and 9 at the shopping center. The Planning, Building and Zoning Department had recommended approval of the special exception for the bar with conditions related to the hours of operation. But we recommended denial of the variance for the waiver of 37 of 198 parking spaces. Mayor Suarez: What does this have to do with material, carpets and cloth and... Commissioner Alonso: I thought we were going to make the selection, beautiful colors though. Commissioner Dawkins: Only two female attorneys would have prepared such a beautiful exhibit. No man would do that. Lucia Dougherty, Esq.: Thank you. Mayor Suarez: I think even if we had an agreement on this one, we would want to get into it just to figure out what in the heck that is there. Yes. Commissioner Dawkins: Turn it around and let the rest of the people see. Let them see... Commissioner Alonso: Nice carpet, beautiful colors. Mr. McManus: The Zoning Board recommended denial of both items and now, the applicant has filed appeal on both items. Commissioner Alonso: It is a shame that I am going to vote against it. Mayor Suarez: Al right. Who is here on the matter of PZ-8? Raise your hands, please, if you want to be heard on this item and be sworn in. Are you against the application? Yes, could you raise your hands if you're against the application. Very good. OK. And if you intend to speak, would you stand up and keep your right hand up. If you're going to testify. OK. Please stand up and raise your right hand and be sworn in and the same with the applicants. Ms. Dougherty: Ask him if I can put it on the record now. Commissioner Plummer: All of you are not planning on talking, are you? Mayor Suarez: All right. Mr. Rodriguez: Mr. Mayor, maybe if we translate in Spanish, not every body . will... Mayor Suarez., SI VA A TESTIFICAR, SI VA A ATESTIGUAR EN EL CASO, QUEDESE LEVANTADO Y LEVANTE SU NANO DERECHA, POR FAVOR. VAN A JURAR PORQUE TENEMOS UN REQUISITO QUE JUREN. OK. Administer the oath, Madam City Clerk. 160 January 28, 1993 AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: They do. All right. Applicant. Ms. Dougherty: Mr. Mayor, members of the Commission. My name is Lucia Dougherty with offices at 1221 Brickell Avenue. With me today is Alejandro Enriquez who is the tenant and will be the owner of this restaurant and billiard hall. Along with him is Joe Rocco who is the shopping center manager. We are asking for permission to open a restaurant which serves beer and wine and has 13 billiard tables. That's what we are asking for. As Adrienne will point out, this is a site plan that would show the quality and the quantity of the improvements and we intend to run a family style entertainment center. This is not going to be a bar in your typical way. This is going to be an entertainment center for the family in the shopping center which you may recognize as the one that has a Pollo Tropical in it. It has a Dunkin Donut, it got the... Adrienne, will you show them photographs of the shopping center, and the Capital Bank. It's really the Capital Bank Shopping Center. The Planning Department has recommended hours of closing and opening from 12:00 noon to... I mean, 5:00 o'clock to 12:00 midnight. We're seeking permission to open from 3:00 p.m. to 2:00 a.m. on weekdays and from 11:00 a.m. to 2:00 a.m. on weekends. Now, she'll also show you photographs that will describe where the neighbors live. Mayor Suarez: Those restrictions apply to what kind of activity? Ms. Dougherty: The opening and closing, totally. Mayor Suarez: Opening... Ms. Dougherty: The photographs she'll show you, are the photographs... Mayor Suarez: And the use is? The use is, I'm sorry? Ms. Dougherty: It's a restaurant that will have a beer... that will serve only beer and wine - it's not a bar a just beer and wine, and has 13 billiard tables in it. And that will be described on that site plan. Mayor Suarez: OK. If this was not granted, the hours of operation would be restricted to? Mr. Joe Genuardi: The hours of operation, when you serve liquor... Commissioner Plummer: If it's not granted, there are no hours. Mr. Genuardi: ...for a pool hall is 12 - 12 midnight is the latest you can open. Ms. Dougherty: That... Commissioner Dawkins: Twelve midnight? Commissioner Plummer: No, it's... Excuse me. 161 January 28, 1993 sit Ms. Dougherty: Excuse me. That's not true. Commissioner Plummer: To answer his question,.. Mr. Rodriguez: Nothing, Commissioner Plummer: ...if this is not granted, there are no hours. Mr. Rodriguez: You don't have anything. Right. And, by the way, the application is for a billiard hall, with beer and wine license. Mayor Suarez: The special exception 1s needed just to be able to have this - facility there at all? — Mr. Rodriguez: Yes. Commissioner Plummer: Billiards, yes. z- Mr. Rodriguez: It's a billiard... Mr. Genuardi: The special exception is for the bar. Now they're saying it's a restaurant with billiard tables. That changes it. It was... The special was... Mayor Suarez: How bars change to restaurants all of a sudden, huh. And then we get into the issue of whether they're actually serving alcohol with meals, and whether the principal attraction is the billiard pool or not. All right. Ms. Dougherty: If you look at the photographs that Adrienne will pass out, you'll see the... this is a photograph from the north, and you'll see that the.,. there is only one exit to the north, and that exit can be closed off by the shopping center manager. The second one shows you from directly behind the building. And that building... that is a complete blank watt, that =_ nobody can enter or exit from behind to get to the property behind. And those photographs will show you that people aren't going to exit this restaurant and go to the neighborhood behind it. Furthermore, there won't be any noise, because, again, we intend to have a family type restaurant and billiard hall. And Capital Bank, for example, which is our main tenant and also has a... we have a letter from Able Holtz supporting this application. He also owns the _ Mortgage on it. He has a restriction in his lease that no noise can come out from any establishment in this shopping center. So, our shopping center manager is not going to risk his lease, with the best tenant that he has in the shopping center by letting any noise come out of this establishment,. Furthermore, our shopping center owner has agreed to do the following: he will hire a 24 hour... excuse me, a 22 hour security guard who will be on the premises full-time, not only during the operations, but even afterwards. He will... He has a contract to install two halogen lamps behind the property - here's the contract - if this is approved. And the neighbors at the Zoning si Board... this application, by the way, was filed by my client, by himself, who went to the Zoning Board by himself, and at that time the neighbors complained that it was dark behind their property. We will install two halogen lams that will light up the entire property. Here's the contract for the security company that we will hire for 22 hours a day, if this is approved. Now, with respect to the parking variance, we have parking across 162 January 28, 1993 the street. We have at least 40 spaces directly across the street, in the central shopping plaza, directly across from our leasehold interest. In those 40 parking spaces, our shopping center owner would require all tenants and all employees to park there. Now, one of the things my client didn't know, because he filed this application by himself, he could have come to you and asked for a special exception, in order to use that parking. He didn't know to do that. That's why he's asking for a variance, but we would be willing to have a covenant or a condition of the variance that so long as that parking is there, we would have to comply with it. —' Mayor Suarez: That picture shows that it was taken on it doesn't Monday when. It must have been taken right because that place is usually full of cars. a Monday at 5:30, but after the hurricane, Ms. Dougherty: It was last Monday. We're showing you photographs now that show when the parking... We have a photograph of Monday at 5:30, last Monday, last Tuesday at 5:00 o'clock, Wednesday at 5:30, and Saturday at 6:30. Also, we want to remind... Mayor Suarez: Monday at 5:30 - you mean, right after... right 1n the middle of rush hour? Martin Luther King Day. Ms. Dougherty: This last Monday. Mayor Suarez: That is the area, if I remember correctly, it is one of the toughest areas to get in and out of that parking lot, that I've ever encountered, driving through the City of Miami. And you're showing it as having very few cars parked there. Well, maybe they just drive and don't park. All right. Ms. Dougherty: We also want you to know that Capital Bank closes at 3:30 and they have agreed to let them use their parking from 3:30 on. Again, we intend to have a family style restaurant. There will be no drunks tolerated. My client knows the problem that he's going to have with his neighbors, and as a good faith effort, this is what he will proffer: in one year from now, if you have any problems whatsoever, you can review this item and close the establishment or revoke the variances. Now, let me tell you his problem. He has now already paid... He has already got a lease. He has already paid $63,000. The improvements are going to be well over $75,000, and he's got 13 pool... or billiard tables in storage right now that he's already paid for, and they cost $40,000 a piece. And again, as I'm saying, as a good faith effort, we would be willing to have this approved on a one year basis, so you can review it. Mayor Suarez: Now, does our discretion extend to denying the very notion of this facility? Or are they saying this is somehow connected with a variance for parking? I mean, how far could we go? If we said no, and they had to go strictly by what is not discretionary, what is in the Code that they must have, what would they be able to build there or use it for? Mr. Genuardi: Well, they could use it as a restaurant. The only reason they came before you as a special exception... 163 January 28, 1993 Mr. Genuardi: No, you can have a pool hall. That's a separate... That would be a class one special permit for a pool hall. Mayor Suarez: And they would have to... Mr. Genuardi: They wouldn't come before you for that, no. But they could have a restaurant, generally permitted in the district. The only thing that they would still have... Mayor Suarez: What triggers are approval and what happens if we don't grant it? What can they do there with all of these billiard tables, et cetera? Mr. Genuardi: Well, they would still have the problem with the parking. They wouldn't... whether it's a restaurant... Mayor Suarez: OK. So, it is related to the parking issue. Mr. Genuardi: Yes, it is. Mayor Suarez: How much parking would they have to provide? Mr. Genuardi: They're short 37 parking spaces. Mayor Suarez: So, what would be their alternative, if they wanted to comply with our requirement of the parking spaces? Mr. Genuardi: They would have to put in retail use. Mayor Suarez: Or reconfigure the facility somehow. Less square feet, or less billiard tables... Commissioner Plummer: It's the square footage. Mayor Suarez: ...or less restaurant, or what? Mr. Rodriquez: Right. That would be an option, but the retail... the square... the parking ratio is one per 300. Mayor Suarez: Right. So they would have less square feet. Mr. Rodriguez: And in the case of a restaurant, or a bar, at least one per 100. So, that's why you have such an increase of parking, because you have more of a parking need. They're asking... Mayor Suarez: The theory being that people tend to have more turnover if it's not a restaurant? Mr. Rodriguez: No, that you have more of an area also, in the areas of retail to... for every client. And this is based on national averages and so on. 164 January 28, 1993 Ak Mayor Suarez: I ,just don't know why he would go out and buy a bunch of billiard tables and now tell us that he can't use them, unless he had an idea of what the City's discretion was in connection with this. Commissioner Plummer: Do you want to buy one cheap? Ms. Dougherty: He frankly filed this application, or found out after he purchased it, that this was the problem that he was facing. And he filed the applications without counsel, at the time. Mayor Suarez: But he could have a restaurant there and he could have a i certain number of billiard tables, but he would have to have less space or more parking lot. One or both. Mr. Rodriguez: Right. Mr. Genuardi: Yes. Commissioner Plummer: Or go to a location... Ms. Dougherty: And remember, we have the parking across the street. Vice Mayor De Yurre: You know, my problem is not so much parking. My problem is that this becomes a bar. That's my concern. There's no way that if you're going to go shoot pool, you're going to be shooting, pool for a couple of hours. You're not going to be eating for a couple of hours and yet you will be drinking for a couple of hours. Ms. Dougherty: This is only beer and wine, Commissioner. Vice Mayor De Yurre: Well, I'm saying... Well, do you have a problem with not having any liquor there? Commissioner Alonso: Deer and wine is enough. Ms. Dougherty; Absolutely. No problem at all. Vice Mayor De Yurre: No beer and no wine? Ms. Dougherty.- Just beer and wine. Vice Mayor De Yurre: No, no. No beer and no wine. Ms. Dougherty: No. We have a problem with that. I mean, you could put a 7- 11 there with beer and wine. Vice Mayor De Yurre: But you don't drink it in there. Ms. Dougherty: No. No, that's true. Commissioner Plummer: Have you ever seen a pool table in a 7-11? Vice Mayor De Yurre: In the back room. 165 January 28, 1993 Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: You said that this will be a... s:� w io r Commissioner Plugs Mr. Mayor, do you want to buy a pool table cheap? Commissioner Dawkins: You said that this would be a family oriented facility. { Is that correct? £_ Ms. Dougherty: Yes, sir. Commissioner Dawkins: As a family oriented facility, how would you keep youth under IS out, with their family? — Ms. Dougherty: In a restaurant, Commissioner Dawkins, you don't... Unless you tell us we can't, there 1s no .requirement that you keep 18 and under out in a restaurant. Commissioner Dawkins: You're selling beer and wine. Commissioner Plummer: No, you can do that in a restaurant. Commissioner Alonso: You can do that in a restaurant. Ms. Dougherty: You can have a... Commissioner Dawkins: Beg your pardon? Commissioner Plummer: You can do that in a restaurant. Vice Mayor De Yurre: You can sell that in Versailles too. Commissioner Plummer: Versailles Restaurant sells beer and wine and I can take my kids in there. Of course, they drink, but that's a different... Commissioner Dawkins: To shoot pool? Ms. Dougherty: We wouldmIt... Commissioner Dawkins: To shoot pool? Commissioner Plummer: No. To shoot the pork. Ms. Dougherty: Again, Commissioner, we would certainty be willing to have it be reviewed within one year, if there is any obAection that you all have. Commissioner Plummer: Shoot pool. I have two girls and he wants to know if they shoot pool. Well, let's hear from the objectors. Do you have anything else before we go to the objectors? Ms. Dougherty: Let's try this. No, sir. Commissioner Plummer: Let's go the objectors, please. Stand up here in line. First one up is $100 seat. The second one is $200. 166 January 28, 1993 Ms. Dougherty: Do you have the letter from Able Holtz? Commissioner Plummer: According to the rules, you state your name and your fna11ing address and proceed for two minutes. Mr. Emilio Izquierdo: Yes, sir. Emilio Izquierdo, I live at 3640 NW 9th Street. Commissioner Dawkins: Pull the mike up, sir. Go right ahead. Mr. Izquierdo: OK. Emilio Izquierdo. My name is Emilio Izquierdo, 3640 N.W. 9th Street, condominium, five stories, 63 units and with me is the president of the association and some other neighbors are also here, which I guess... Vice Mayor De Yurre: You all live in the condominium? Mr. Izquierdo: Yes, sir. Vice Mayor De Yurre: OK. Go ahead. Mr. Izquierdo: OK. Would you like to... I guess I'm going to translate as he goes along. We did that already in the Zoning Board. Vice Mayor De Yurre: So, you know how to do it. Mr. Izquierdo: Go ahead. Mr. Francisco Autie: My... MI NOMBRE ES FRANCISCO AUTIE, EL CID CONDOMINIUM, 3640 N.W... MI PRESENCIA AQUI ESTA NOCHE, ANTES LOS OIGNATARIOS, ES PARA EXPONER LO QUE REPRESENTA PARA NOSOTROS LA INSTALACION DE UN BAR Y UN SALON DE BILLAR EN NUESTRA ZONA. ES CIERTO QUE EN EL shopping center EXISTE UN LOCAL DONDE VENDEN POLLOS EN BRAZA, PERO AQUI SE ESTA HABLANDO DE UN BAR Y UN BILLAR. ESTO SIGNIFICA PARA NUESTRA AREA UN PELIGRO, PORQUE NOSOTROS NO TENEMOS NADA EN CONTRA...CONTRA LAS PERSONAS QUE VAN A PQNER EL NEGOCIO, PERO SI LO QUE REPRESENTA EL NEGOCIO EN SI, DONDE VAN A VENIR PERSONAS A LIBAR LICOR Y A JUGAR BILLAR, QUE ES JUEGO DE AZAR. NUESTRAS FAMILIAS, NUESTROS HIJOS VAN A VER EJEMPLOS QUE NO SON BUENOS Y NOBLES CUANDO VIENE UNA PERSONA A INGERIR LIQUOR. POR LO CUAL, YO ESTOY REPRESENTANDO A 63 FAMILIAS QUE VIVEN EN EL CID CONDOMINIUM, DEL CUAL YO SOY EL PRESIDENTE. LES AGRADEZCO TOMEN EN CONSIDERATION LO QUE REPRESENTA PARA NUESTRA AREA LA PRESENCIA DE PERSONAS QUE ESTEN BAJO LOS EFECTOS DEL LICOR, Y QUE VENGAN A JUGAR BILLAR Y PIERDAN 0 GANEN DINEROS Y ASI CREO QUE COMPRENDERAN QUE EN LAS AREAS DONDE TODOS VIVIMOS, DONDE TODOS DESEMVOLVEMOS NUESTRAS ACTIVIDADES, LA QUEREMOS LIMPIA. TRANSLATION: OK. My name is Francisco Autie. I am the president of the the El Cid Condominium, 3640 N.W. 9th Street. My presence here before you is to explain to you what it represents to us to have a bar in that zone. It is true that already in that shopping center there is a restaurant... a fast food restaurant, I should say, that sells chicken, but here in question is a bar where alcohol will be sold and also along with pool tables. This represents a danger in our neighborhood, because we do not have anything against the individuals that are proposing the deal, but rather the business Itself, we do have a vote of... against it, because of what it represents... and the use, actually. That's what he means. And our families, our kids, our 167 January 26, 1993 11 sons and daughters will see so close a place that would not be up to what they want. It's a bad example, actually. I'm representing, therefore, 63 families that live in the Cid Condominium, which I am the president of the association. Please take into consideration what it represents in our neighborhood the possible presence of people who would be under the influence of alcohol in our neighborhood, and also gambling, or playing pool, I should say. Please understand that by this we would like to keep the status quo, I should say, our neighborhood and our properties to be free of any trouble, at peace. Mayor Suarez: Very good. Mr. Autie: Thank you. Mr. Izquierdo: Thank you. Mayor Suarez: We got that part. Mr. Elvia Schnedetz: My name is E1via Schnedetz Y VIVO EN LA 3640 NW 9th Street, Apartment 103, directly in the back where this place is supposed to be, in my balcony. They say there is not going to be noise, but you understand that is very difficult, because the wind blows and even now there are sometimes... they rend places for a dance, you know, and we can hear the noise and that's once in a while. We cannot sleep because it is too close and the wind blows directly. The locale there is too close, directly with the other. So, this business of no noise, I don't believe, because I have experience. And that's once in a while they rent that place. Well, I'm not opposed to these people. I wish they'd put another business, any bakery, any laundry, anything would be fine with us, because we like people to have business. But we have a very quiet place now. My husband is very ill, that's why he's not here tonight. I mean, we walk there sometimes, you know, for walking exercise... Mr. Izquierdo: It's true. I've seen them walking. Ms. Schnedetz: ...and we have been scared, you know - kids, homeless, women drinking, you know, all kinds of drugs, one thing brings to the next, and you cannot say you are going to control that. I don't care what good intention they have, but that's not right. We have... I've been living 20 years, we never had that before. The POLLO and those people, that's very different. That's not liquor. That's not.., You know, one thing leads to the next, and so that means that we can never be allowed to walk there too freely, old people, you know. They attack us - the homeless, everybody. Mayor Suarez: I want to tell you, maybe you could sort of coax the group a little bit, if it gets too prolonged - the testimony - a couple of things happen. One is, we up here wish that we could get on to the next item. So, sometimes it has the opposite effect. Ms. Schnedetz: Well, I'm not going to make it fast. Mayor Suarez: No, no. But there's another one. Technically, the more time we give you, the more time they have. And believe me, things are going well for you. I do at some point want to ask what counsel is... 168 January 28, 1993 Ms. Schnedetz: Well, but the next thing is the parking. I'm sorry. Mayor Suarez: Right. Ms. Schnedetz: They don't have enough parking right now... Mayor Suarez: Right. We know that. Ms. Schnedetz: ...because they have all kinds of businesses there, and they have Burger King - they may be planning to park there and that's not fair. There's going to be a lot of friction, you know. Mayor Suarez: Very good. Ms. Schnedetz: And I'd appreciate anything you can do, because we don't like to move. We like that neighborhood. Thank you. Mayor Suarez: OK. Very good. Ms. Juana Maria Alfonso: BUENAS NOCHES. ME LLAMO JUANA MARIA ALFONSO. VIVO EN EL 831 N.W. 36 AVENIDA. YO ME OPONGO AL BAR QUE ME QUIEREN POKER. Mayor Suarez: Good evening. My name is... What's her name? Juana Maria... Ms. Alfonso: Juana Maria Alfonso. Mayor Suarez: ...Alfonso, and you live where? Ms. Alfonso: 831 N.N. 36 AVENIDA. Mayor Suarez: 831 N.W. 36th Avenue. Ms. Alfonso: YO ME OPONGO AL BAR QUE QUIEREN PONER EN EL 801 DE LA 37 AVENIDA POR LA SENCILLA RAZON DE QUE LLEVO 25 ANOS EN ESA... UN AREA TRANQUILA. Y ME PARECE QUE ESO NO NOS VENDRIA BIEN. AL SALIR A LA CALLE Y ENCONTRARNOS QUE SALEN BORRACHO, PORQUE QUE VA ALLI, VA... ELLOS DICEN QUE VA A SER PARA PERSONAS SELECCIONADAS. ESTUVO EN MI CASA Y ME DIJO QUE IBAN A SER PERSONAS = QUE VINIERAN AL AEROPUERTO, ESCOGIDAS... QUE IBAN A PONER UNA POLICIA PARA CUIDAR. ENTONCES YO LES CONTESTE QUE ESE POLICIA LO PONIAN DOS MESES, Y DESPUES, LO QUITABAN. ENTONCES NO PODEMOS IR A LA PIZZA. NO PODEMOS IR A LA HAMBERGUERA. PORQUE LOS TENEMOS EN EL MISMO PARQUEO - EN EL MISMO. ADEMAS ALLI NO HAY PARQUEO PARA PERMITIR TANTOS CARROS. TRANSLATION: I'm opposed to the proposal of the bar proposed at 801 NW 37th Avenue because of a simple reason, I've been living in my house for the past 25 years... a quiet area. And it is my opinion that this would not be to our benefit. For those people that would go out at night and will find some people drunk out 1n the street. They're saying that the proposal will be for selected people. He came to my house and said to me that it will be for people arriving at the airport... that they would going to provide a security -� person. I argued that that police officer would be kept for a couple of months and then they would take him away. We would not be able to go to the pizza business in the same location or to the Burger King that is also in the neighborhood. _ 169 January 28, 1993 low Mayor Suarez: OK. That we... She's talking about the parking now and of - course, we've heard that testimony... Mr. Izquierdo: Also is true. Mayor Suarez: ...and this is getting cumulative. It's repetitive. We have the basic idea, Ma'am. TENEMiOS LA IDEA BASICA YA Y... Ms. Alfonso: Y SEGUNDO, TODD LO QUE SEA DE ALCOHOL, LO DETESTO, PORQUE TUVE UNA HIJA QUE ME LA MATO UN BORRACHO, MAESTRA DE 25 ANOS. TRANSLATION: And secondly, everything that has to do with alcohol... alcoholic beverages, I am against because I had a daughter that was killed by a drunk driver and she was a teacher, et cetera. Mr. Izquierdo: That's significant. Mayor Suarez: Your daughter's accident, as tragic as it is, is not too relevant to this zoning case. So, we have a pretty good idea of where you're heading, Ma'am, and we feel for you. Mr. Izquierdo: Well, Mr. Mayor, you can imagine people getting out of there drunk, driving around the neighborhood. Mayor Suarez: Yes. Of course. Mr. Izquierdo: So, I think it's significant. Mayor Suarez: All right. Thank you, ma'am. Ms. Alfonso: MUCHISIMAS GRACIAS. Mr. Pedro Regalado: My name is Pedro Regalado. Mr. Rodriguez: My name is Pedro Regalado. Mayor Suarez: Get out of here. Mr. Regalado: I am an old Cuban lawyer for more than 50 years, because I studied in the Havana University since 1941 with a group nice like Conrado Castel, Guillermo Ara and other big ones. Commissioner Plummer: What about Xavier Suarez? He came to the University of Calle Ocho. Mayor Suarez: Just aspiring at the time to be a lawyer, not quite there yet. Mr. Regalado: I live in this place for more than five years. Commissioner Alonso: He went to school with my father. Mr. Regalado: In this... Around this place there are a lot of big buildings, two or three stories. In one of them I live with 30 more families, all beautiful, retired, American citizens, and have vote on every... go to vote. So, we are living very quietly. There are no PUTAS, no MARICONES, no BORRACHOS, no... 170 January 28, 1993 g Mayor Suarez: No, no. No! All right. Thank you. Mr. kegalado: There are no... Unidentified Speaker: NO OIGAS ESAS MALAS PALABRAS. Mayor Suarez: Wrong legal system. Mr. Regalado: This is... j Commissioner Plummer: SENOR, the word is MARIPOSA. i Thank you, Counselor. Mayor Suarez: I figured that was going to happen here sooner or later. All right. Mr. Regalado: I live in this place... Commissioner Plummer: OIFERENTE MARIPOSA. NO CHICO, POR FAVOR. OYE. Mr. Regalado: I live in this place and it is a good place for living. Commissioner Plummer: President Clinton isn't going to like you. Mr. Regalado: There are around this... There are three or four big buildings with two or three stories. And then... Mayor Suarez: All right, sir. Thank you. Mr. Regalado: I finish it. Mayor Suarez: Yes. Mr. Regalado: And it is very quiet and no problems. You know what happens if you put a pool... a bar over there, in this place? It's terrible. I move... for a change in this... Mayor Suarez: All right, sir. I... Mr. Regalado: So, I would like to state the... Thank you. Mayor Suarez: Thank you.. Commissioner Plummer: Typical lawyer. The more he says, the more money he makes. Mr. Izquierdo: DALE SUAVE PARA YO TRAdUCIR MAS... Mr. Ralph Godinez: My name is Ralph Godinez and I represent here the Bakery House Apartments, which consist of 30 apartments, two people in each one - that makes 60 people. Now, I think that in order to maintain my business, I don't think it's necessary to put anything like pool or a restaurant in that place, because that will affect... 171 January 28, 1993 ffil , Commissioner Plummer: You said to maintain your business? Mr. Godinez: My... It will affect my business. Commissioner Plummer: What is your business, sir? Mr. r3odinez: I operate an apartment house. I am co-owner and manager. Commissioner Plummer: OK. I'm sorry. All right. OK. Mr. Godinez: I'm co-owner and manager, of the apartments and that's the reason why I came over here tonight to complain about that. I think... Commissioner Plummer: And what is the address of your business, sir? Mr. Godinez: I do believe... Commissioner Plummer: What is the address of the apartments? Mr. Godinez: 3695 NW 9th Street. That's right across the street from where that building is. And the back of the building, I mean, is facing my place. Now, if they're going to put the business in the place where I think they're going to put it, people will be coming out of the business through the back door, which is right in front of my place, and that will hurt me as far as the business is concerned. And that's the reason why I'm opposed to that. Thank you very much. Vice Mayor Be Yurre: Anybody else? That's it. OK. Thank you. Ms. Dougherty, anything else you'd like to add? Ms. Dougherty: I just want to remind you that this is probably one of the most commercial streets in Miami. And Pollo Tropical, which is in there, is a restaurant which serves beer and wine. My client does not intend to run a bar, but an entertainment establishment for restaurant... for families. And as a good faith measure, once again, we offer not only to be reviewed in one year, but to review it in six months, just to show you and the neighbors that we will make good neighbors. And, as far as people being drunk, my client would be liable if people were drunk and left there and somehow hurt somebody. That's not his intention whatsoever. And the back door will be closed. We will not permit anybody to leave that establishment from the back, or we'll even close off the shopping center from that area, so people cannot exit into the rear where the neighbors are. And, furthermore, there's a blank wall, once again, completely facing the neighbors. They can't see into our building and we will not permit any access in the rear of the building. Vice Mayor De Yurre: OK. Thank you. That closes the public hearing. Do you want to add something else? Mr. Joe McManus: Point of clarification, Mr. Vice Mayor. The application is for a beer and wine bar, with a pool hail - not for a restaurant. The plans do not show a restaurant and its kitchen. Vice Mayor Be Yurre: Thank you. Any comments? Any motions? 172 January 28, 1993 Ms. Dougherty: Just to respond to that.... Commissioner Alonso: I will... Ms. Dougherty: ...we are selling snacks and sandwiches, which do not require a kitchen. Vice Mayor De Yurre: OK. Thank you. Commissioner Alonso: The Zoning Board denied the application, right? So.. I'll move to uphold the decision of the Zoning Board. Vice Mayor De Yurre: OK. We have a motion. Do we have a second? We have a motion to deny. Commissioner Plummer: I don't think we have any choice but to deny, I'll be honest with you. Vice Mayor De Yurre: OK. A motion and a second. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-68 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO DENY A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 49 SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A BAR AND POOL ROOM SUBJECT TO A VARIANCE TO WAIVE 37 OF 198 REQUIRED PARKING SPACES FOR THE PROPERTY LOCATED AT 801 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS NORTH 809.75' OF LOT 6 LESS NORTH 15' AND WEST 20' AND LOT 7 LESS NORTH 15', SOUTH 20' AND EAST 15.3' OF SOUTH 145'9 TROPICAL TRADES CO. STA A, AS RECORDED IN PLAT BOOK 4 AT PAGE 6 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. (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: 173 January 28, 1993 -'1 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez Ms. Dougherty: Thank you•. Vice Mayor De Yurre: Do we have a motion on nine? Commissioner Dawkins: I'd like to say to the gentleman who said that it would hurt his buslness, it didn't help me any in making my decision. Because by him saying his business, he's also hurting this gentleman's business. So, don't expect to get sympathy from me, to kill somebody else's business to save your business. 26. UPHOLD ZONING BOARD'S DENIAL OF REQUEST FOR VARIANCE TO WAIVE 37 OF 198 TOTAL PARKING SPACES REQUIRED FOR EXISTING SHOPPING CENTER AT 801 N.W. 37 AVENUE RESULTING FROM THE PROPOSED BAR AND POOL ROOM TO BE ALLOWED BY SPECIAL EXCEPTION (Applicant: Joseph Rocco. Appellant: Alejandro Enriquez, Billiards -Yards, Inc.) Vice Mayor De Yurre: Do we need a motion on number nine? Mr. Joel Maxwell (Assistant City Attorney): Yes, sir. Vice Mayor De Yurre: OK. Motion to deny? Commissioner Alonso: Yes. Also, uphold... Mayor Suarez: Moved to deny. Commissioner Alonso: ...the decision of the Zoning Board. Vice Mayor De Yurre: Moved. Miller, second it? Mayor Suarez: Moved and seconded, Commissioner Alonso. Any discussion? Was there any attempt to see if they wanted to have additional time to meet with you, or anything like that, Counselor. Vice Mayor De Yurre: Alonso moved, I seconded. Ms. Lucia Dougherty: I would like to have the time to meet with the neighbors, and see if we can work something out, because I don't know... I don't think they understand that we're willing to provide security which isn't there now, 22 hours a day, and guarantee it by way of this condition of the variance. 174• January 28, 1993 Mayor Suarez: a translator? You were a kind of a spokesperson up there, were you? Or just Mr. Emilio Izquierdo: I think it's pretty much clear that they don't want it. Mayor Suarez: Period. OK. Nothing to be discussed. All right. Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-69 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO WAIVE THIRTY-SEVEN (37) OF ONE HUNDRED AND NINETY EIGHT (198) TOTAL PARKING SPACES REQUIRED FOR THE EXISTING SHOPPING CENTER AT THE LOCATION HEREINBELOW, AS A RESULT OF THE PROPOSED BAR AND POOL ROOM TO BE ALLOWED BY SPECIAL EXCEPTION FOR THE PROPERTY LOCATED AT 801 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS NORTH 809.75' OF LOT 6 LESS NORTH 15' AND WEST 20' AND LOT 7 LESS NORTH 15', SOUTH 20' AND EAST 15.3' OF SOUTH 145', TROPICAL TRADES CO. STA A, AS RECORDED IN PLAT BOOK 4 AT PAGE 6 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Be Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor Be Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 175 January 28, 1993 r. ------------------------------------------------------------------------------ 27. UPHOLD ZONING BOARDS DENIAL OF REQUEST FOR SPECIAL EXCEPTION TO ALLOW A BEER AND WINE BAR AT 1751 S.W. 8 STREET (Applicant: Paul Jeremle. Appellant: Francisco Hidalgo). ------------------------------------------------------------------------------ [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT, ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND EVERY STATEMENT, PLEASE FIND THE CORRESPONDING TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY CAPITAL LETTERS. TRANSLATION HERE MADE BY MAYOR SUAREZ] Mayor Suarez: PZ-9, is that related? Ten, sorry. PZ-10, appeal of Zoning Board's decision, 1751 SW 8th Street... Commissioner Plummer: Watt a minute. Mayor Suarez: Planning, Building and Zoning recommend denial. The Zoning Board denied it by a vote of eight -zero. Mr. Roberto Lavernia: For the records, Roberto Lavernia... Commissioner Plummer: I've got it here. Mr. Lavernia: ...Planning, Building and Zoning Department. It's an appeal of a special exception denied by the Zoning Board, eight to zero. Mayor Suarez: Is anyone here on PZ-10 against the applicant? Is there anyone here against the applicant? Let the record reflect no one has stepped forward. We need that door closed, to the extent possible. All right? Go ahead. Mr. Joel Maxwell (Assistant City Attorney): Yeah. Mr. Lavernia: Planning, Building and Zoning recommendation is denial for these reasons: the proposed beer and wine bar are a highly intensive use for this particular portion of SW 8th Street. Currently, there are sufficient bars and pool halls in Little Havana, PEQUENA HABANA neighborhood... Commissioner Plummer: Hahl Everywhere. Mr. Lavernia: ...to meet the needs of the area. Reasonable use of the existing space can be achieved by the establishment of another less intense commercial use in this particular property. Cornnissioner Alonso: Is this address east or west of the shopping center where Frank Joyerla is? Could anyone tell me? 176 January 28, 1993 Mr. Lavernia: It's a block east. Commissioner Alonso: East? Mr. Lavernia: Yes. Commissioner Pliomter: It's east? Mr. Lavernia: I think. Mayor Suarez: That would be at 18th or 19th then. Commissioner Alonso: But in the same block. Commissioner Plummer: No, this is in the 1700 block. Commissioner Alonso: The same block... Mr. Lavernia: Between 17th and 18th. Commissioner Alonso: Yes, but what I'm trying to identify is east of the small shopping center in the corner. Mr. Lavernia: I think that the shopping center is between 20 and 19th. Commissioner Alonso: No. Mr. Sergio Rodriguez(Assist. City Manager) : No, she's talking about... Commissioner Alonso: I'm talking about the one at the corner of eight... seventeen and eight. Commissioner Plummer: There is no shopping center. Commissioner Alonso: Oh, yes. Of course there is. Mr. Rodriguez: No. There is one. Commissioner Alonso: Yes. Commissioner Plummer: Seven... On the corner of... Mr. Rodriguez: This property is to the west... Commissioner Plummer: Oh, no. This is west of there. Mr. Rodriguez: To the west of that... Commissioner Plummer: Oh, you're talking about... Mr. Rodriguez: ...of that particular one because this is... Commissioner Plummer: She's talking about the southeast corner. 177 January 28, 1993 Mayor Suarez: OK. All right. We got that. Mr. Rodriguez: Yeah. Mayor Suarez: To the... Slightly to the west. Commissioner Plummer: No, this is west of there. Commissioner Alonso: Yes. Mayor Suarez: OK. Mr. Lavernia: The middle of this... the two shopping centers. Commissioner Plummer: Wait, can I ask you a question? Mr. Lavernia: Yeah. Commissioner Plummer: The crosshatched property is the one in question, correct? Or the blue? Mr. Lavernia: No, it's yellow. Commissioner Plummer: Which one? Mr. Rodriguez: The yellow. Commissioner Plummer: OK. Mr. Lavernia: Yellow. Commissioner Plummer: Isn't there a bar on the corner? Mr. Lavernia: It's a restaurant on the corner. Commissioner Plummer: That's a bar. Mr. Lavernia: Well... Commissioner Plwmer: Do they serve alcohol? Mr. Lavernia: I think that they have the license for beer and wine. It's a restaurant. It's a vacant... Commissioner Plummer: Which is what this person... Mr. Lavernia: It's a vacant... Commissioner Plummer: Is this person asking to do beer and wine, without any food? Mr. Lavernia: Yes. Mr. Francisco Hidalgo: QUE NUMERO? QUE NUMERO? 178 January 28, 1993 Mayor Suarez: 0r beer and wine ano any Kina 9r aicunviic ouverayes. Mr. Lavernia: And the pool. Mr. Rodriguez: It's a beer and wine bar with a pool. Commissioner Plummer: Wait a minute. With a what? Mr. Rodriguez: Beer and wine bar... Mayor Suarez: With a pool? Mr. Rodriguez: With a pool. Mayor Suarez: Like a diving pool? Mr. Rodriguez: No, billiard hall. Mr. Lavernia: Billiard... pool. Commissioner Plummer: This doesn't say anything about billiards. Are we on item 10? Mr. Rodriguez: We're on item 10. Mr. Lavernia: Item 10. Commissioner Plummer: I don't have anything here about... Mayor Suarez: It says to allow a beer and wine bar. It doesn't say anything about a billiard... Mr. Rodriguez: I'm sorry. You're right. This is not the one with the pool. Mr. Hidalgo: EN QUE LUGAR. FUE DONDE DIJO? Mr. Maradiaga: NMM? Mr. Hidalgo: QUE LUGAR FUE DONDE... Mr. Rodriguez: OK. Beer and wine only. Mr. Lavernia: Beer and wine. Mayor Suarez: OK. This 1s a beer and wine bar. No food being sold... Mr. Lavernia: No. Mr. Maradiaga: ELLOS ESTAN TRATANDO DE YER DONDE ESTA OTRO BAR PEGADO AL... Mayor Suarez: ...together with it. Mr. Lavernia: It's not a restaurant. 179 January 28, 1993 Mr. Rodriguez: Right. Mayor Suarez: Bar without hard liquor. Mr. Lavernia: Yes. Vice Mayor De Yurre: No, this does have pool tables. What is the analysis say here? They submitted plans for the proposed beer and wine bar along with the depicted pool tables, are a highly intensive use... Blah, biah, blah. Commissioner Plummer: Wait a minute. I don't show anything about pool tables. Mr. Rodriguez: The thing is in the plans that they showed, they show a pool table. = Vice Mayor De Yurre: OK. Well, what do we have here? — Mr. Rodriguez: OK. Vice Mayor De Yurre: Do we have an analysis that is correct? Mr. Joe Genuardi: Yes. Vice Mayor De Yurre: Or we don't have an analysis that is correct? Mr. Rodriguez: Yeah. Because in the drawings... Vice Mayor De Yurre: Yes or no? Mr. Rodriguez: Yeah. Vice Mayor De Yurre: It's correct? Mr. Rodriguez: It's correct in the sense that in... Commissioner Plummer: What is... What's correct? Mr. Rodriguez: What is the question? Vice Mayor De Yurre: That they have pool tables. Commissioner Plummer: There's not a thing in my thing that says anything about pool tables. Vice Mayor De Yurre: Look at the analysis on the front page. Commissioner Alonso: Yes, it says. 180 January 28, 1993 j Mr. Maradiaga: Commissioner, maybe I can clarify that. Commissioner Alonso: Backup. Commissioner Plummer: Oho the backup. Mr. Rodriguez: What they submitted had pool tables? We have a beer and wine bar. The set of drawings they submitted originally had pool tables. Mr. Genuardi: Three. Mr. Rodriguez: Three. And that's why the analysis included the discussion of the pool tables. In the drawings that they have now submitted, which have been changed, it doesn't show pool tables. It shows little tables. Vice Mayor De Yurre: So, you're talking about a restaurant then. Mr. Rodriguez: We're talking about a bar. Vice Mayor De Yurre: A bar that sells only beer and wine. Mr. Rodriguez: Right. Mr. Maradiaga: Yeah. A lounge. Commissioner Plummer: What do you mean a lounge? --- Mr. Rodriguez: Yeah. Bar/lounge. —: Commissioner Plummer: No, it's not a lounge. i Vice Mayor De Yurre: Like a piano bar kind of thing? s, Mr. Rodriguez: Kind of bar/lounge. o Mr. Maradiaga: Yes. Something like this... _e S. Mr. Rodriguez: Like a beer and wine bar. -�4 Commissioner Plummer: No. Not at that location. No, no. You've got La -{` i Piuma across... around the corner. What is that... —�t Commissioner Plummer: La P1omo... The Dove. Mr. Rodriguez: La Paloma. Commissioner Plummer: Yeah. La Paloma. y Commissioner Alonso: ...is the name. Commissioner Plummer: Oh, yeah. That's a real winner. Commissioner Alonso: It's much better now for the... 181 January 28, 1993 Commissioner Plummer: It has to be better. Mr. Maradiaga: LA PALOMA NO ESTA EN LA CALLE OCHO. Commissioner Plummer: When you're at the bottom of the ladder, there's only one way to go.. Commissioner Alonso: No, no. It has improved. Commmissloner Plummer: ...up. Commissioner Alonso: I have personally gone into the building and said either you get your act together or else. And Code Enforcement has been going to the building and it's much better now... Mr. Rodriguez: I know that we have... Commissioner Alonso: ...for the first time in about - I don't know how long. Commissioner Plummer: The Police Department couldn't do it. Mr. Rodriguez: I know that we have continuous complaints 1n this area, coming to the NET(Nelghborhood Enhancement Team) area of activities in all the beer... Commissioner Plummer: Well, let me ask a dumb question. Mr. Rodriguez: ...and wine places, where people are not... Basically, these... become bars. Commissioner Plummer: How... In the... Let's say the two block stretch... Mr. Hidalgo: RILE QUE YO QUIERO SABER QUE ES LO QUE ESTAN HABLANDO, PARA YO CONTESTAR. Contnissioner Plummer: .,.between 17th Avenue and 19th Avenue, on SW 8th Street, which is commercial, how many places right now serve beer and wine? Mr. Maradiaga: QUE CUANTOS LUGARES SIRVEN CERVEZA ALLI. Commissioner Alonso: A lot. Coammissioner Plummer: I mean, where do we reach a saturation point? I know the Chinese restaurant serves it. Mr. Hidalgo: ...SE LO PUEDO DECIR. Commissioner Plummer: I know the seafood pirate restaurant serves it. Mr. Lavernia: I don't know how many restaurants they have. There are no bars. Commissioner Plummer: I know the place on the corner serves it. You know, how many are there there? 182 January 28, 1993 Mr. Lavernia: ©K. Commissioner Plummer: You should be prepared to tell us that. Mr. Lavernia: There's no bar. There's... Commissioner Plummer: I'm sorry? Mr. Lavernia: There's no bar. Commissioner Plummer: Excuse me. Mr. Lavernia: Restaurants with license... Commissioner Plummer: How many places serve beer and wine between 17th Avenue and 19th? How many people do what this man is asking to do, in that two block area? Mr. Lavernia: There's a lot of... Ms. Lourdes Slazyk: At the Zoning Board, I believe, Pablo Canton said that there were two other legal ones in the area. The illegal... Commissioner Plummer: Well, let me tell you if he said two... Ms. Slazyk: Legal... Legal... Commissioner Plummer: ...there's a hell of a lot of illegal ones. Ms. Slazyk: He said the illegal ones - he didn't have a count - but he said there were numerous illegal cafeterias that... Commissioner Plummer: You're telling me the head of the NET (Neighborhood Enforcement Team) program in that area... Mr. Maradiaga: QUIERE PREGUNTAR QUE CUANTOS LUGARES ESTAN LEGALES. ELLA DICE QUE DOS EN EL AREA. Commissioner Plummer: ...admitted to illegal bars? Ms. Slazyk: They're... Well, they're... Mr. Rodriguez: They're going to the Code Enforcement Board and all that stuff. Ms. Slazyk: They're going after them now. Right. The cafeterias that serve beer and wine out the window illegally... The legal ones are only two, within... Commissioner Plummer: God bless us. Ms. Slazyk: ...the proximity of the third. 183 January 28, 1993 dab Mr. Hidalgo: YO QUIERQ HABLAR. YO NO QUIERO QUEDARME CALLA00. Vice Mayor De Yurre: Let's hear from the applicant then. Commissioner Alonso: That's... That couldn't be right. Some restaurants in that..4 in the two blocks, they must have a license. Don't they? Commissioner Plummer: Oh, there's got to be... If you... Commissioner Alonso: It's almost impossible. Commissioner Plummer: Now, you know, if you're talking about... Commissioner Alonso: More than two... otherwise we are... Commissioner Plummer: ...just a beer and wine establishment, that's one thing. t Ms. Slazyk: Right. No most of them are the... Commissioner Plummer: But there's the Chinese restaurant serves beer. Ms. Slazyk: Right. _ Commissioner Alonso: And they've been there for years. Commissioner Plummer• Thisi th t t 11 - pace across e s Ie se s beer. The Pirate restaurant, the seafood place, serves beer. Commissioner Alonso: Yes. Commissioner Plummer: They all serve beer. Vice Mayor De Yurre: The funeral home serves beer. Commissioner Alonso: Casa Panza. Commissioner Plummer: The grocery store sells it, I'm sure, on the corner. Mr. Rodriguez: But this request is to have a beer and wine bar, specifically. Not a restaurant... Commissioner Alonso: This is a little bit different. Mr. Rodriguez: ...not a place to sell beer to take out, it's a place... basically, a beer and wine bar, because it's easier to get that kind of a license. Vice Mayor De Yurre: OK. Let's hear from the applicant. Your name and address, please. Mr. Maradiaga: QUIEREN HABLAR. TU NOMBRE Y DIRECCION. 184 January 28, 1993 Mr. Hidalgo: MI NOMBRE ES FRANCISCO HIDALGO DEL 1751 SW 8 CALLE. Y EL - MOTIi10 QUE HE ESTADO AQUI... BUENAS NOCHES PARA EL SENOR... EL ALCALDE Y TODOS LOS COMISIONADOS Y EL ORDEN PUBLICO, LO QUE SEA. NO TENGO MUCHA — FACILIDAD DE EXPLICARME COMO PUEDO. LO UNICO QUE NECESITO ES EXPLICARLE CUAL ES EL MOTIVO MIO... DE ABR,IR ESTE TIPO DE NEGOCIO EN LA CALLE OCHO. _ TRANSLATION: My name is Francisco Hidalgo, 1751 SW 8th Street. Mr. Maradiaga: OK. My name is Carlos Maradiaga. I'm going to help Mr. Hidalgo translate. OK? He's not too fluent in English and he would rather speak in Spanish, so I'll go ahead and go along with him. Commissioner Plummer: You're the owner or the applicant? No, no. Mr. Maradiaga: He's the applicant. Commissioner Plummer: You're the applicant? He's the applicant. Mr. Maradiaga: He's the applicant. Commissioner Plummer: You're the owner? Mayor Suarez: He's the translator. Commissioner Alonso: Translator. Mr. Maradiaga: I'm helping him. Commissioner Plummer: OK. But do you own or operate this location? Mr. Maradiaga: No. I have a power of attorney to speak for him. Commissioner Plummer: OK. -� ' Mr. Maradiaga: My name is Carlos Maradiaga. My address is 1340 SW 72nd Avenue. I'm a real estate researcher. And I'm being paid by Mr. Hidalgo to do research, the list of owners... Commissioner Plummer: He's the appellant and the agent? Mr. Maradiaga: ...and to... Mayor Suarez: aid you fill out one of the forms that we have for lobbyists? Mr. Maxwell: He filed it as his power o p f attorney. j Mr. Maradiaga: Pardon me? Mayor Suarez: did you fill out one of the forms that we have for... Mr. Maxwell: He said he had a power of attorney. Mayor Suarez: ...registering lobbyist people who are paid compensation to make presentations on behalf of applicants here? j ? s } 185 January 28, 1993 yJIML Mr. Maradiaga: No, I don't. I'm just paying,.. being paid by Mr. Hidalgo to - do the list of homeowners... Mayor Suarez: Uh-huh. Mr. Maradiaga: And I offered to help him translate. Mr. Maxwell: Here he is here. Yeah. Look on page 11. =- Mayor Suarez: If he's not being paid to make... Commissioner Plummer: ...good. Mayor Suarez: If he's not being compensated for his appearance here, but he's otherwise helping the man as a... - Mr. Maxwell: He's not being compensated. He doesn't have to file the form. Mayor Suarez: All right. Did we establish what is there now? — - Mr. Hidalgo: YO ESTOY AQUI PORQUE PEDI UNA... Mayor Suarez: Quick question. What is there now? Have we figured out what Is there now, Mr. Rodriguez? Mr. Lavernia: It's a vacant lot. Mayor Suarez: Vacant lot. Mr. Lavernia: It's vacant. No lot place. Vacant place. Mayor Suarez: And in the ideal scheme of... Mr. Rodriguez: Vacant building. Mayor Suarez: In the ideal scheme of things... Commissioner Plummer: Wait, wait. That's not vacant property. Mr. Lavernia: Yes, it's closed. Mr. Rodriguez: No, vacant building. Mr. Lavernia: It's closed. Commissioner Plummer: He said a vacant lot. Mr. Rodriguez: I know. He made a mistake. Mr. Lavernia: No, no lot. Building. Mayor Suarez: He meant the building. In the ideal scheme of things, what kinds of things would we like to see there? 186 January 28, 1993 0 1- .' 14, . Mr. Rodriguez: It's a retail area, so you can have any type of retail activities in that area. — Mayor Suarez,# Do we try to limit the number of beer and wine bars that are on — Sid Sth Street as a matter of planning policy or law enforcement policy or any = other kind of policy. C Mr. Rodriguez: Well, we have been... We have been getting so many complaints about there that I think in our recommendation we took into account that, yes. _ Mayor Suarez: And yet there's no one here from the neighborhood to oppose it. Commissioner Alonso: They probably don't know about this. This is adjacent -_ to Eckerd Drugs, right? Mr. Lavernia: No. =- Commissioner Alonso: Eckerd Drugs? — Commissioner Plummer: It's across the street. Mr. Hidalgo: Yes, it's next to there, miss. Commissioner Alonso: Next to it. Mr. Lavernia: There used to be video machine games. Commissioner Plummer: No, it's next to it. It's across the street from it. Mr. Lavernia: Video machine games, used to... Commissioner Alonso: It 1s across the street, or next to it? Mr. Hidalgo: No, next about... Mr. Lavernia: EN ESE LOCAL... Mr. Hidalgo: ...one door next. Commissioner Plummer: It's across the street. It's got to be. Commissioner Alonso: No. Mr. Maradlaga: On the same side of the street. =; Commissioner Alonso: Same side of the street. It's the parking lot of Eckerd !� Drugs... Commissioner Plummer: Where is 7th Street? Commissioner Alonso: ...and this facility. That's what it is. The iron... F =s Commissioner Plummer: Where is 8th Street? 187 January 28, 1993 Mr. Lavernia: Yes, here. Commissioner Plummer: I stand corrected. I thought that was... OK. Mr. Lavernia: You're right. Commissioner Plummer: I stand corrected. Commissioner Alonso: That's what it is, right? Mr. Lavernia: The last business was a video game machine - that place. Commissioner Alonso: Exactly. Mr. Hidalgo: This is before in there. Mr. Lavernia: Yeah. The last one. Mayor Suarez: If they wanted to put just a regular old small restaurant with beer and wine, would they need to go through these gyrations here? Mr. Lavernia: With beer and wine. Mr. Maradiaga: No. Commissioner Plummer: Then that restaurant is not on a corner, though. Mayor Suarez: I'm trying to figure out what the policy issues are here. Mr. Maradiaga: Mr. Mayor... Mr. Rodriguez: Let me get Mr. Genuardi. One second. Mr. Maradiaga: I don't think that he will need... because everybody else is doing it in the neighborhood. Mayor Suarez: No, but I meant legally. Mr. Lavernia: Legally. Mayor Suarez: All right. OK. Anything further? Mr. Maradiaga: EMPIEZA. Commissioner Alonso: What did he mean by that? Mayor Suarez I guess he meant that everybody's selling whatever they want. I don't know what he meant. Mr. Maradiaga: QUE SI PO©RIA TENER RESTAURANTE SI TU QUISIERA. 188 January 28, 1993 Mr. Hidalgo: SENOR MAYOR, Y LOS COMISIONADOS, EN LA CALLE OCHO EXISTE MUCHOS RESTAURANTES Y CAFETERIAS DONDE ACTUALMENTE NO TIENEN LA LICENCIA ADEQUADA PARA VENDER CERVEZA - OK? - Y VINO. NADA MAS QUE TIENEN LA LICENCIA PARA VENDER CERVEZA Y VINO CUANDO ESTA LA PERSONA COMIENDO. EL NEGOCIO QUE YO ESTOY TRATANDO DE ASRIR ES UN NEGOCIO QUE PARA QUE LAS PERSONAS PUEDAN IR A HACER UNA DESPEDIDA DE SOLTEROS, REUNIONES FAMILIARES, DEPORTES Y OTROS TIPOS DE ACTIVIDADES LAS CUALES NO EXISTEN EN LA CALLE OCHO. NUMERO UNO, TENGO ADECUADO TODD EL PARQUEO QUE SE NECESITA EN ESTE TIPO DE COMERCIO. COMO LISTED VERA, EN MUCHOS COMERCIOS QUE HAY ADECUADOS EN ESA AREA, NO EXISTE PARQUEO Y NO TIENEN LA LICENCIA ADEQUADA PARA VENDER EL TIPO DE VINO Y CERVEZA. YO ESTOY TRATANDO DE HACER UNA COSA LEGAL, QUE LA PERSONA QUE VAYA Y ESTE CONTENTA, SER UNA COSA PARA LA COMUNIOAD, PARA LO MISMO LATINO-AMERICANO 0 AMERICANO, YA QUE ESTAMOS A MEDIA CUADRA DEL LATIN QUARTER. YO DESEO... YO SOY UN HOMBRE TRABAJADOR. OK? LLEVO UN PROMEDIO DE 28 ANOS AQUI EN LOS ESTADOS UNIDOS Y NUNCA HE TENIDO PROBLEMA. HE TENIDO DIFERENTES TIPOS DE NEGOCIO. EL ULTIMO NEGOCIO QUE TUVE FUE EN EL 995 SW Y LA 67 AVENIDA DE WEST MIAMI. Y NUNCA HE TENIDO NINGUN TIPO DE PROBLEMA. LO UNICO QUE NECESITO ES TRABAJAR. Y YO CREO QUE EN ESA AREA SE NECESITA ALGO QUE LLAME BIEN LA ATENCION A LA... BIEN, AL TOURISMO... 0 LOS MISMOS LATINOS QUE ESTAMOS ALLI, QUE NECESITAMOS MAS APOYO, MAS beer, MAS NEGOCIO. PORQUE SI USTED VA Y CRUZA POR ALLI POR LA CALLE OCHO, LA CALLE OCHO HOY EN DIA ESTA MUERTA. NECESITAMOS MAS NEGOCIOS, MAS ACTIVIDADES. TRANSLATION: Mr. Mayor, Commissioners, on 8th Street there are many restaurants and cafeterias... where currently there is no license... appropriate license to sell beer and wine. They only have licenses to sell beer and wine in conjunction with food service. I'm trying to make a business where people come for a bachelor's party or family reunions, sports...the kinds of activities that don't exist there on 8th Street at this time. In the first place, I have all the parking that's needed for this type of business... You will note that in other businesses in the area that are proper there, there is not enough parking...They don't have the proper licenses to sell beer and wine. I'm trying to be legal in all this, so people can go there... patrons can go there and be happy and do community matters, Latin American or American since we're half a block from the Latin Quarter. I'm a working man. And I've been here for 28 years in this country, I have never had any problems - legal or otherwise. I've had different kinds of businesses. I had i a business at 995 SW 67th Avenue in West Miami. I've never had any problems. The only thing I need is to be able to work. I think the area needs something to attract tourists...or just more support, more business, more activity for the Latins who live in the area. Because otherwise SW 8th Street nowadays is dying and we need more business, more activities. Mayor Suarez: OK. Anything else you want to add, sir? You have an attorney, In fact, or an agent, in fact, or an agent? Maybe he wants to add something on your behalf. , Mr. Hidalgo: NO, EL SENOR CARLOS ES EL SENOR QUE ME ESTA AYUDANDO A MI VOLUNTARIAMENTE. TRANSLATION: He is the gentleman who is helping me voluntarily. Mayor Suarez: We understand that. OK. Mr. Hidalgo: PORQUE YO NO HABLO MUCHO INGLES. TRANSLATION: Because I don't speak too much English. 189 January 28, 1993 El Mayor Suarez: All right. Mr. Hidalgo: PERO YO TENOO TODA LA LISTA DE TODAS LAS CAFETERIAS QUE EXISTS EN TODA LA... OK? ... QUE EXISTE DE LA 22... TRANSLATION: But I have here all the list of all the cafeterias that exist... Mayor Suarez: Maybe, Carlos, maybe you can explain that part, what he's trying to aay about the list. What is that supposed to show? What are we supposed to make of that? We don't know if he's trying to say that they're... Mr. Hidalgo: Well, the only one... Mayor Suarez: ...illegal uses and he's trying to do it legally, or that the area is compatible with this or what. Mr. Hidalgo: Well... Mayor Suarez: Why don't you let him do it for you since you asked him to do it for you and we don't have to... Mr. Hidalgo: SENOR XAVIER, DEJAME DECIRLE, NO... Mayor Suarez: PORQUE NO DEJA QUE EL LO HAGA, SI EL... USTED LE HA PEDIDO QUE LO AYUDE EN ESTO, NO? Mr. Maradiaga: DEJA QUE YO SE LO DIGA. Mr. Hidalgo: OK. Thank you. Mr. Maradiaga: Mr. Mayor, I made a study of that area and I found that there is within a half mile east, or a half mile west of S.W. 8th Street, there's only one legal beer and wine bar where a person can go in and sit down and drink a beer. Mayor Suarez: East and west, you are thinking more of 17th Avenue. Mr. Maradiaga: From... Mayor Suarez: East and west is 17th. Mr. Maradiaga: From... Mayor Suarez: Not east and west of 8th Street. Mr. Maradiaga: East and west of 17th Avenue. Mayor Suarez: OK. Along SW 8th Street. Mr. Maradiaga: From 12th Avenue to 22nd Avenue, there is only one bar that is operating, what I call, legally. Mayor Suarez: Which is that? 190 January 28, 1993 1® 1v XF 77777777 Mr. Maradiaga: Well, that is, that they don't have to serve food.., Mayor Suarez: No, no. Which bar is that that's operating legally? Mr. Maradiaga: Yeah. That one is... Commissioner Plummer: There's a lot of them there, only one is operating legal? Mr. Hidalgo: No, only one has got a... Commissioner Alonso: Which one is the only one that is legal? Mr. Hidalgo: You see... this is in 12th Avenue and 8th Street. Commissioner Plummer: That's a package store. Mr. Hidalgo: Yes, sir. And it's got... Commissioner Plummer: Yeah. It's a lounge. Mr. Hidalgo: ...a liquor... Mayor Suarez: Is that the one that you were going to tell us, Carlos? Is that one, the one he's saying? Mr. Hidalgo: Right. And the other is in 22 Avenue - OK? - and 8th Street. Commissioner Plummer: That's a topless bar. Mr. Hidalgo: Yes, sir. Mayor Suarez: How would you know? Mr. Hidalgo: Because I know. I run all over... Commissioner Plummer: Sir, I know my City better than other people. It's across the street from... Mayor Suarez: Ail right. So we know now how many bars, topless, legal, illegal, et cetera. Commissioner Alonso: He's talking about bars and we're talking about places that sell liquor. Commissioner Plummer: No, that's where... That's 22nd Avenue. Commissioner Alonso: Yeah but he's talking... He's making it very specific about bars, and when we are talking, we are thinking along the lines of... Commissioner Plummer: Alcoholic beverages. Commissioner Alonso: Exactly. 191 January 28, 1993 Commissioner Plummer: Right. Commissioner Alonso: Um-hmm. Right. _ Commissioner Dawkins: My fellow Commissioners, it is now 8:05 and we have at .�-- least six more items. I would... _— Commissioner Plummer: And I've got two pocket. Commissioner Dawkins: And I would suggest that we... e Commissioner Alonso: And I have one. _ Commissioner Dawkins: ...cut out a lot of verbiage and try to get through this. Mr. Maradiaga: OK. Mayor Suarez: I'm just trying to figure out what argument you're trying to make. OK. We have an idea of what's in the area. What else do you want to tell us? _ Mr. Maradiaga: OK. Mayor Suarez: We also have an idea of what's there that's not legal, because by implication... Commissioner Plummer: Who woke up Miller? Mayor Suarez: ...you're saying everything else that's there that acts like a bar is illegal. All right. Commissioner Plummer: Who woke up Dawkins? Mr. Maradiaga: OK. The reason that Mr. Hidalgo said that is because the Zoning Board said that there's 1,100 beer bars in the City of Miami, when actually there is only one that can be categorized as... Mayor Suarez: You said 1,100? Mr. Genuardi: I don't think so. Mayor Suarez: OK. All right. Mr. Genuardi: I don't have the figure, but I don't think so. Commissioner Alonso: Well, I... Mayor Suarez: Some large number. Mr. Genuardi: Not legal. Commissioner Alonso: I need a clarification. When the gentleman explained to us what he intends to have in that location, at some point the description was a banquet hall, rather than a bar. Do you intend to have a bar or what? 192 January 28, 1993 t ARM Mr. Hidalgo: COMO FUE LA... Mr. Maradiaga: What he wants is a... He doesn't want to have a restaurant like all...= Mr. Hidalgo: NO. CUAL FUE LA PREGUNTA? Commissioner Alonso: No, I'm not talking about a restaurant. I'm talking about 1s it a banquet hall or is it a bar? Mr. Maradiaga: Well, it would be a bar, a lounge bar. Commissioner Alonso: OK. Thank you. Mr. Maradiaga: But it will be where... Commissioner Alonso: Because he described celebrations in a way that had me confused for a little while. I thought perhaps he had something else in mind, but definitely it is a bar. Mr. Maradiaga: QUE SI ES UN BAR PARA CELEBRAR... Mr. Hidalgo: No, it's a lounge... CUMPLEANOS, FIESTAS, DESPEDIDAS DE SOLTEROS, 0 VER DEPORTES. Commissioner Plummer: Come on. This is ridiculous. Mayor Suarez: All right. Yeah, basically... but they would have to stand up, I guess you wouldn't have a bunch of tables and stuff, they're going to have a birthday party and the other things that you're referring to. OK. Sports bar type thing. Mr. Maradiaga: OK. At this moment the unit is vacant. It used to be a pool hall. They used to have pool tables and a video arcade, which is gone, and that is the reason why in the first plan there appeared three pool tables, because those were left there by the people who were there before. Mayor Suarez: But that's not his intention at this point. Mr. Maradiaga: No, his intention is to have a type of beer and bar... beer and wine lounge, not like all the other cafeterias and restaurants that are operating in the area. And he wants to do it legally. I mean, he could... Mayor Suarez: Very good. OK. We got that point. Mr. Genuardi, what are the criteria that we are supposed to apply in this and what's the recommendation? Mr. Genuardi: Well, the criteria, I think I'll let Roberto do that. I just want to explain one thing. All the illegal bars are really restaurants who obtained and are permitted to have beer and wine licenses, incidental to the restaurant business... Mayor Suarez: That's an accessory use. 193 January 28, 1993 Mr. Genuardi: ...and in conjunction with the service of food♦ Now, they stop serving food and they... Commissioner Plummer: Yeah. But you see, the problem is Code Enforcement goes over there and they never accomplish anything. Mr. Genuardi: We've closed down a few of them. Pablo Canton has brought to my attention... Commissioner Plummer: Yeah. Mr. Genuardi: ...a few and we have closed them down. Commissioner Plummer: But the man stands here and tells you of all of the illegal bars that are stall operating, two are legal. That doesn't make any sense to me. Mr. Genuardi: But we're working on that and... Mayor Suarez: OK. What are the criteria? What are we supposed to be applying here so we can decide and move on? Commissioner Plummer: Criteria is do you want it or you don't? Mayor Suarez: It's not totally discretionary... Mr. Rodriguez: Right. Mayor Suarez: ...is it, Mr. Rodriguez? Mr. Rodriguez: Basically, whether it would have a negative impact on the area and so on. Mayor Suarez: And the recommendation once again is? Mr. Rodriguez: For denial. Mayor Suarez: Because it would... Your determination is it would have a negative i(Mact on the area. Mr. Rodriguez: ...Impact on the area. Commissioner Plummer: Because there are more than enough at the present time. I move to uphold the appeal. COMissioner Alonso: Second. Mayor Suarez: Moved and second to uphold the appeal. Any discussion? If not, please call the roil. 194 January 28, 1993 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A BEER AND WINE BAR FOR THE PROPERTY LOCATED AT 1751 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 15-17, 32-38, AND WEST 5.4' OF LOT 39, BLOCK 2, LAWNVIEW, AS RECORDED IN PLAT BOOK 3 AT PAGE 164 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA ZONED C-1, RESTRICTED COMMERCIAL. (Here follows body of resolution, omitted here and on file 1n the Office of the City Clerk.) Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Item 11. Probably... Mr. Sergio Rodriguez (Assistant City Manager): No, no. Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor... Mr. Mayor, you moved... -=s Mr. Rodriguez: Uphold the appeal? — =i - _. S =`a Mr. Maxwell: Was this to deny the use... Mayor Suarez: To uphold the denial. Commissioner Plummer: To uphold the appeal. Mayor Suarez: He said uphold the appeal. He meant to uphold the denial. _ 195 January 28, 1993 Mr. Maxwell-. No. Not uphold the appeal. You're upholding the denial of the Zoning Board. - Mayor Suarez: Right. Of the appeal. Commissioner Alonso: Yes. Mayor Suarez: Right. Mr. Maradiaga: OK. That means... Mayor Suarez: Maybe what he ought to try to do is have a little restaurant that has accessory uses like this beer and wine. And I know you make it sound like he wants to do it legally, when everybody else is it illegally, but what _ he wants to do legally is what we're trying to preclude, which is just another bar, see. So, I mean... Mr. Hidalgo: QUE ES LO QUE DICE? Mayor Suarez: ...we appreciate the fact that he's trying to do things legally, but there is discretion for us to determine that even though it would be legal, it's not going to be necessarily compatible, and helpful, and =:a conducive to a better neighborhood. OK? -1 Mr. Hidalgo: QUE DICEN? Mayor Suarez: So, maybe you ought to have a little restaurant and serve... Mr. Maradiaga: DICE EL QUE... Mayor Suarez: He would be able to do that, right? Serve beer and wine as an accessory. Mr. Maradiaga: QUE ELLOS NO QUIEREN QUE ESA AREA... Mayor Suarez: Somebody... Mr. Rodriguez: I'm sorry. Ms. Slazyk: Yes, he would. Yes. Mr. Maradiaga: ...HAYA MAS 6ARRAS AUNQUE SEAN LEGALES Y... Mayor Suarez: ...who is helping us, just to be absolutely sure. Yes. Please explain that to him. He seems to be still in doubt. Mr. Hidalgo: SENOR MAYOR, LO UNICO QUE YO NO ME PUEDO EXPLICAR ES COMO ES QUE EN LA CALLE OCHO - OK? - QUE EXISTE EN LA 22 Y LA OCHO SON LOS UNICOS... EL !. UNICO LUGAR QUE TIENE LICENCIA PARA OPERAR, VENDIENDO VINO Y CERVEZA... Mayor Suarez: He still wants to have the same discussion. Would someone from staff please have a discussion with him outside that maybe can do it in Spanish? We've got to move on. SENOR HIDALGO TENEMOS QUE IR AL OTRO ASUNTO. USTED ESTA REPITIENDO EL MISMO ARGUMENTO. NOSOTROS LO QUE QUEREMOS ES QUE HAYA RESTAURANTES QUE PUEDEN SERVIR CERVEZA Y VINO PERO... 196 January 28, 1993 Mr. Hidalgo: CORRECTO, PERO ES QUE LA... Mayor Suarez: PERO NO MAS BARES, NO PODEMOS TENER MAS BARES. ESA ES LA DETERMINATION DE LA COMISION UNANIME. Mr. Hidalgo: OK. CORRECTO, SENOR MAYOR. PERO ES QUE, COMO SE LLAMA, EN ESA AREA DE ANI NO EXISTC BARES. LO QUE EXISTS ES - COMO SE LLAMA? - CAFETERIAS Y RESTAURANTES QUE ESTAN OPERANDO BAJO UN SISTEMA... Mayor Suarez: I know. We are trying to stop those from happening. Mr. Hidalgo: Y COMO LA POLICIA NO ESTA TOMANDO PARTE - OK? - PORQUE SI VA A APLICAR LA LEY EXACTA, TIENE QUE CERRAR LA CALLE OCHO. Mayor Suarez: None of this is going into the record. Do you understand? Can somebody from staff help explain to the gentleman... Mr. Hidalgo: And let me knowl Mayor Suarez: ...outside., please, that he can have this dicussion. Thank you. We need a volunteer. Mr. Hidalgo: Let me know. Commissioner Alonso: I cannot believe that these restaurants are functioning illegally. Mayor Suarez: OK. SENOR HIDALGO, MIRE, EL LE VA A EXPLICAR ALLA AFUERA, POR FAVOR. 197 January 28, 1993 28. CONTINUE TO FEBRUARY 25TH MEETING (AT 6:00 PM) CONSIDERATION OF 111h FOLLOWING AGENDA ITEMS: (A) (PZ-16) PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE 11000 BY ADDING PROVISIONS REGARDING FLOOR AREA CALCULATIONS TO BE USED FOR PARKING REQUIREMENTS, AND A PROCEDURE TO PERMIT PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING. (B) (PZ-17) PROPOSED FIRST READING ORDINANCE TO AMEND CODE CHAPTER 35 GROVERPARKING IMPROVEMENT ITRUST FUNU)�BY G NEW ARTICLE VIII (COCONUT (C) (PZ-18) PROPOSED FIRST READING ORDINANCE TO AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS) BY AMENDING "SIDEWALK CAFES" TO ALLOW THEIR EXISTENCE IN CONJUNCTION WITH "FOOD ESTABLISHMENTS - TAKE OUT ONLY" -- WITH PROVISIONS FOR PARKING (Applicant: Planning, Building & Zoning Dept.). -------------------------------------------------------------------------------- Mayor Suarez: Item 16. Commissioner Plummer: Is this that applies to Coconut Grove? Unidentified Speaker: Yes. Commissioner Plummer: Only? Unidentified Speaker: Yes. Commissioner Plummer: And what is the proposed amount of money to be paid? Mr. Clark Turner: The fee? Mr. Sergio Rodriguez (Assist. City Manager): That's item number 17. Mr. Turner: Yeah. That's item 17. Commissioner Plummer: To be... It says: "the procedure to permit payment of a fee..." Mr. Rodriguez: Excuse me. Commissioner Plummer: "...in lieu of providing required parking." Mr. Rodriguez: Right. I think if we can go... Commissioner Plummer: Is that so much per parking space? Mr. Rodriguez: Yes. Commissioner Plummer: And how much is it proposed? Mr. Turner: Commissioner, this... that is in item 17. What's proposed is a... 198 January 28, 1993 2'z Commissioner Plummer: No, sir. That's not what I'm reading here. It's a fee... Mr. Turners The fee... Commissioner Plummer: It's item 16, sir. Mr. Turner: The fee... Unidentified Speaker: It's the procedure... Mr. Turner: Yes. The procedure is in number 16. Commissioner Alonso: Sixteen is the procedure. Seventeen is the actual fee. Mr. Turner: The actual fees are named in 17. Commissioner Dawkins: And what... Where is the covenant? Commissioner Plummer: Well, I'll ask again, how much is the fee, sir? Mr. Turner: The fee is either a onetime fee of $10,000 per parking space, or $480 a year per space. Conmissioner Dawkins: With $10,000 per parking space? Mr. Turner: That's correct. Onetime fee of $10,000. Commissioner Dawkins: And how many parking spaces are you requesting? Mr. Turner: The proposal here is to establish a pool of 1,000 parking spaces, which would satisfy the deficit. Commissioner Dawkins: One thousand parking spaces. Therefore, you are willing to pay $1,000,000 fine... onetime... Commissioner Plummer: It's not a fine. Commissioner Dawkins: No, you're not... Are you going to pay the money? Mr. Rodriguez: Cammissibner, Mr. Clark is staff and he's explaining to you the ordinance by which the people would pay for the amount of... Commissioner Dawkins: Well, who... Well, somebody... Who's going to pay the money? Bring them to the mike. Mr. Turner: Mr. Commissioner, if I could walk you through this, I think it would become clear. Commissioner Dawkins: No. Well, no... OK. Well, let me walk you through it and it became clear to me. I don't want you to walk me through it... Mr. Rodriguez: OK. 199 January 28, 1993 Mr. `turner: The proposal here is to make it possible for businesses in the central part of the Grove, that are not able to provide their own parking spaces, to pay a fee in lieu of providing the parking space. That fee could be paid in the form of a $10,000 onetime payment, or it could be paid in the form of $480 per year per space forever. The monies that were collected through that would be deposited in an account from which the Off -Street Parking Department would pay for spaces. Presumably, they would be in the form of garage spaces and those spaces would be available to offset the deficit in spaces that now has occurred in the Grove. Commissioner Plummer: And wouldn't they be...? Commissioner Dawkins: Are you telling me that this City of Miami should allow an individual to come in who will avoid providing adequate parking and pay $11000,000... Commissioner Plummer: No, not a... Commissioner Dawkins: ...,just because he loves the City of Miami? Give me a break. Commissioner Plummer: No. Mr. Turner: No, that's... Commissioner Alonso: Please, someone from staff... Commissioner Plummer: No. Commissioner Alonso: ...could explain to the Commissioner... Commissioner Dawkins: Give me... He can't explain. Commissioner Alonso: ...that this is not one individual. This is something that... Commissioner Plummer: If... Commissioner Dawkins: But you... He's... But... Commissioner Alonso: ...would benefit all of the legal establishments in the area. Commissioner Dawkins: But Madam... Commissioner Alonso: It Xill legalize the situation. Commissioner Dawkins: Madam Commissioner, he said a total number of spaces. Now, this is what the gentleman said. 200 January 28, 1993 �� r: r a Commissioner Plummer: Not to exceed. Commissioner Dawkins: He said a total number of spaces. This is what he — Said. Commissioner Plummer: But it could be 19 from one... Commissioner Alonso: Yeah. —� Commissioner Plummer: ...Twenty-two from another, 37 from another, but total not to exceed... Commissioner Dawkins: That's... OK. Well, let me ask you... All right. _ _ I'll rephrase m p y question. OK? Nineteen from here, 20 from there, 40 from here, and GO from there, are they in Coconut Grove or out of Coconut Grove? - Mr. Turner: In Coconut Grove. Commissioner Plummer: In Coconut Grove. Commissioner Dawkins: So, therefore, you're talking about the total number of parking spaces to the Grdve. Mr. Turner: We're talking about the total amount of deficit. That is the spaces that are needed that are not there now. Commissioner Dawkins: That is... That's... OK. Mayor Suarez: No, no. I agree with Commissioner Dawkins now. There's no such thing as a parking deficit, in reality. _ - Mr. Turner: What do you mean? - Mayor Suarez: What is that supposed to mean, Clark? Commissioner Plummer: Sure there is. _ Mr. Turner: It's called a shortage. _ Commissioner Dawkins: That's right. Mayor Suarez: You need... Commissioner Alonso: Mr. Mayor, the legal establishments that are functioning - there, they don't have the space... Mayor Suarez: OK. What... 17 Commissioner Plummer: We've got three applications right now that are in _ deficit. Mayor Suarez: OK. Are you saying that the capacity... the people who want - =` to expand their capacity or new facilities, who don't have... are you saying that as to existing facilities, that already don't have and... - - 201 January 28, 1993 Ms. Lourdes Slazyk: It's a little of both, actually. Comissioner Plummer: I understand, Lourdes. Mayor Suarez: ..,and the Commissioner is logically asking then, you're putting the money into a pool, what 1f you don't have the space to build, or what if the Off -Street Parking Authority doesn't want to build it? I mean, how do the mechanics work? Commissioner Alonso: Oh, but they have a... Mayor Suarez: Maybe you should walk us through. Mr. Turner: All right. The... Commissioner Alonso: Yes. Mr. Turner: We're here... Mayor Suarez: I mean, take one applicant, let's say, the first applicant that comes 1n for 20. How does that work? Mr. Turner: Well, we're here with a rare moment of consensus, Mayor, in that the village... the Coconut Grove Village Council and the Chamber of Commerce... Mayor Suarez: Right. Mr. Turner: ...and the City staff have been working on this question since last summer. There have been literally dozens of meetings on it and we're finally here with what has to be a singular event in that the parking problem in the Grove appears to have a solution to which all of the parties agree and that's... Mayor Suarez: OK. But see, the problem is that at first blush... Commissioner Plummer: But... Mayor Suarez: ,..what you're saying is you're going to solve a deficit of parking spaces by having a fictional... Commissioner Dawkins: By creating more deficit. Mayor Suarez: Right. Or by having... either by expanding capacity, and therefore having even more deficit, or by having a fictional, new facility... Mr. Turner: Let me... Mayor Suarez: ...and I want to see how it will happen. Mr. Turner: All right. Let me... Mayor Suarez: Putting money in an account... 202 January 28, 1993 FIX r Mr. turner: Then let me take it... Mayor Suarez: ...does not produce, necessarily, parking spaces. It might, if you tell us the rest of the plan. Mr. Turner: Well, let me take it from the top then. The study that was done last summer identified a shortage of 1,000 spaces... almost exactly 1,000 spaces... Mayor Suarez: Collective. Mr. Turner: Collectively... Mayor Suarez: No one person is in violation. No one person is somehow lacking them. It's just sort of. Mr. Rodriguez: Oh, yes. Mr. Turner: For the... For the entire... Mayor Suarez: We concluded that theoretically we need... Mr. Turner: No. Mayor Suarez: OK. That's a whole different issue from... Mr. Turner: For the entire central Grove. Mayor Suarez: ...what we've been doing all night when people come here, the Code said you need to have 50, but you only have 15, so you have a deficit of 35. This is a whole different concept. This is a planning deficit concept. All right. Mr. Rodriguez: No, let me make sure that, you understand... Mayor Suarez: Or is it under the calculations of what they would have under the Zoning Code that they should have 1,000 more? Which is it? Commissioner Plummer: The number that they don't have that are required... Mayor Suarez: Under the Code. Commissioner Plummer: ...they would have to pay $10,000 per space. Mr. Rodriguez: Right. Commissioner Plummer: But your other question... Mayor Suarez: Or is it a planning concept that we would like to have 1,000 more altogether? Commissioner Plummer: Your other question, I think, is a very valid question that I want an answer to. If the application... three applications we've got 203 January 28, 1993 right now, I think, are about 100 spaces. We grant that in March when they tome back and we get 100 spaces at $10,000. Mayor Suarez: Now, we have a... Commissioner Plummer: When are they going to be built? Where are they going to be built? And what are we going to do in the interim between March, when we approve it, and the time that that facility at best would be... Mayor Suarez: OK. Yeah. You have two problems. Commissioner Plummer: ...I assume 24 months... would be built. Mayor Suarez: You have the problem of... that the Commissioner... Right. Commissioner Alonso: Commissioner, the wrong move would be if we approve this tonight, the proper step will be to deny those because they will fit into this ordinance. - Mayor Suarez: The first... Commissioner Dawkins: Yeah. But, Mr. Mayor... Mayor Suarez: Yeah. Let me just see... Commissioner Dawkins: OK. Mayor Suarez: ...if I can express it. The first question is, Commissioner Dawkins is saying, how do you create parking in the sky, if you don't have it yet? You're going to have to carry us through that, work us through that. The second question is, even assuming you can build this nice little parking with this money, assuming it's fungible, cash translates to parking, he's saying there's always a time lag. You don't have it, unless you've identified the 1,000 parking spaces somewhere and then his logical question is if they're not in Coconut Grove, where are they? Where are people supposed to park? Commissioner Dawkins: OK. Mayor Suarez: Those are the kinds of logical questions we want... Commissioner Dawkins: And the other... Commissioner Alonso: The bottom line is... Commissioner Plummer: Clark Cook, come get us out of here. Commissioner Dawkins: The other question is... Commissioner Alonso: Bottom line, what we will be doing is... Mayor Suarez: OK. Let the Commissioner... Commissioner Alonso: ...by resolving the parking situation that we have today, we will then take steps as to making it equal for everybody, not make 204 January 28, 1993 frf�s+EKwV ^ exceptions. We will say this is it. If you want to apply and you don't have -_ parking spaces, then we deny your application. You cannot even come in front of us. _ Mayor Suarez: But nobody had any idea of making any exceptions in the future, that's another... Commissioner Alonso: What... Mayor Suarez: ...quandary that I have. Commissioner Alonso: What we have now, Mr. Mayor, is illegal. Many people are saying I have carry --out and indeed what they have is a restaurant. Commissioner Dawkins: May I ask a question? Commissioner Alonso: They have a sidewalk cafe and they don't have parking. Therefore, all that we have there is illegal. It's a fact of life. Commissioner Dawkins: I hear you. _ a Mayor Suarez: All right. Commissioner Dawkins. Commissioner Dawkins: Let me ask the question that maybe doesn't make sense to anybody but me. Take Commodore to - what's the street up the street from Commodore? _ Commissioner Plummer: Which way? Mr. Turner: Which way? Mary? Commissioner Dawkins: Yeah. um-hmm. Mary? No. Commissioner Plummer: No. Commissioner Dawkins: All right. I'll take... Take Commodore to the Coconut Grove Playhouse. Commissioner Plummer: That's Main. Commissioner Dawkins: OK. All right. Take... Well, take Main from Commodore to Coconut Grove Playhouse. Commissioner Plummer: That's Charles. Commissioner Dawkins: All right. Now, two people decide that they're going to build on Main Highway, any place between Coconut Grove Playhouse and Commodore. Might? What they are planning to build requires 20 parking spaces. They give me $10,000 per parking space. Where am I going to take that money, go buy land, and put a parking space... put parking? Where? Mr. Turner: Your question makes perfect sense, I think, Commissioner... Commissioner Dawkins: Beg your pardon? 205 January 28, 1993 Mr. Turner: ...but the answer is if they were going to build a restaurant, or a place that required 20 parking spaces, they would have to provide 20 parking spaces or they wouldn't get a permit. This is not intended... Commissioner Dawkins: But you just said they could pay... in lieu of that they could pay money. Mir. Turner: That is for those establishments that are required to have parking, but are unable to provide it on their site. Commissioner Plummer: Well, that's what he just said. Mr. Turner: Those are existing establishments. Existing establishments, not new ones. Commissioner Plummer: Oh, not... Mr. Turner: Not new ones. Mr. Rodriguez: In the ordinance, we specifically say... Commissioner Plummer: Wait a minute. Are you saying that you're talking about businesses that are already there? Mr. Turner: Correct. _ Commissioner Dawkins: Oh, well that... Commissioner Plummer: You're going to go back and force them... —� Mr. Rodriguez: Yes. , Commissioner Plummer: ...to pay $10,000? Mr. Turner: Yes. Exactly. Mr. Rodriguez: To comply with the ordinance, yes. Commissioner Alonso: Comply. Mir. Turner: Exactly. Commissioner Dawkins: You mean to say I bought... Commissioner Plummer: That's tantamount to legislating them out of business. Commissioner Dawkins: That's.,. I bought a building... Commissioner Alonso: No. Mr. Rodriguez: They have.,. 206 January 28, 1993 Mr. Rodriguez: Not... Commissioner Dawkins: ...that I've got to provide X number of parking or I've got to give you $100000. Mr. Rodriguez: No. If you let us explain this... Commissioner Alonso: Or you pay a fee. Mr. Rodriguez: ...and maybe we can finish once the presentation, you may be able to understand. Commissioner Dawkins: No. I'll tell what I'd like you to do, Mr... Mr. Mayor... Commissioner Plummer: This... Commissioner Dawkins: I'd like to table this and let the Administration come around and tell me what we're doing, because I don't need to waste these citizens' time trying to get an understanding of what they're telling me. Commissioner Plummer: I don't understand... Commissioner Alonso: I know this is good for Coconut Grove, 1f it... Commissioner Plummer: How are you going to go after the fact? Commissioner Dawkins: Because if you're telling me that these people out here who bought property ten years, 15 or 20 years ago... Commissioner Plummier: Huh? Commissioner Dawkins: ...and at the time they purchased the property, it met the parking requirements, and because it does not meet the parking requirements now, we're going to legislate something that costs them money to be in compliance. I will not do it. Mayor Suarez; All right.' Wait, wait. We're not... Commissioner Dawkins: No, we won't either. Mayor Suarez: You know, unless the Commission moves to defer the item... It would make no sense to table it, because the whole idea is to try to understand this. Commissioner Plummer: Mayor Suarez: Right. Is that 16, 17 and 18? Commissioner Dawkins: ...so they can explain it to... 207 January 28, 1993 !#a Mayor Suarez: But the rest of us, I think, want to try to understand as much as we can today. And if we don't have a complete understanding 1n whatever time we have to adjourn here, then maybe we can defer. Commissioner Dawkins: OK. Well, I will not have a complete understanding and I move that I need to understand it, as a Commissioner, to be able to vote intelligently on it, and I would like for this to be deferred until the next meeting... Zoning meeting of February 25th to give me time... Commissioner Plummer: Is this tantamount... Commissioner Dawkins: ...to sit with the Administration, so that I can understand what we're doing. Commissioner Plummer: ...to making compliance noncompliance? Mayor Suarez: So moved. Vice Mayor De Yurre: Second. Mayor Suarez: So moved. Seconded. Commissioner Alonso: Let me tell you, this is the best I have seen in a long time for that area. This is the solution of a serious problem that we have. If we close our eyes and believe that it's not there, we are fooling ourselves. This is a middle of the road situation to really resolve a problem that we have today. We have a problem with parking, we have illegal establishments, and this isn't right. If we establish this ordinance, we will be resolving the problem and then we can say we won't make any more exceptions. This is it. This is legal. We have resolved the situation. People will have the parking that is needed. Off -Street will be working with then and resolve, and I think it's very reasonable. I don't think the merchants are opposed. On the contrary, they are in support. I think this is a good ordinance. Maybe between first and second reading we can work out details, but really, I wish you would listen, or someone f rom the Administration would try to explain and make sense, because I know that from the beginning, from step one, the presentation hasn't been the best. But this is an excellent proposal, one that has merit, and it will be the beginning of a great solution for that area. Commissioner Dawkins: All I'm saying to me the opportunity to study it, evaluate that I will understand it as fully as you vote on it. That's all I'm saying. Commissioner Alonso: Of course... Commissioner Dawkins: I mean, that's all. my fellow Commissioner is that give it, and have it explained to me, so do, and then I will be prepared to Commissioner Alonso: Of course, Commissioner. One thing that then I would like to say for the record. Please don't bring back those items in which we will be making exceptions - what number were they? - before this comes back to us, because we will be fooling ourselves. 208 January 28, 1993 Commissioner Plummer: This is... Commissioner Alonso: Unless we are ready to deny those... _— Coissioner Plummer: This is 1s coming back in February. They were postponed until March. Commissioner Alonso: OK. Fine. Then it will not affect... Vice Mayor De Yurre: Let me ask, Mr. Mayor, 1f I may... Mayor Suarez: Yes, Vice Mayor. And we are going to here on the motion to defer from anyone that wishes to be heard - a reasonable argument. Yes. Vice Mayor De Yurre: Do we have - and maybe I've missed it? Do we have plans already in place to break ground on 1,000 parking spaces? Mr. Rodriguez: No, but I would like Mr. Cook to answer that question. Commissioner Plummer: Well, what difference does it make? Mr. Clark Cook: Absolutely none, Mr... Mayor Suarez: Absolutely none. All right. Commissioner Plummer: I mean it's not for new parking. Vice Mayor De Yurre: Oh, it is. Commissioner Plummer: No. Vice Mayor De Yurre: Oh, yeah. Commissioner Dawkins: It is. Vice Mayor De Yurre: Sure it is. Commissioner Plummer: This is going back to those who are presently there who had an inadequate number when they moved in. Vice Mayor De Yurre: OK. We're talking about... Mayor Suarez: As per the Zoning Code or as per a planning study that has determined that... Commissioner Plummer: No, the Zoning Code, i assume. Mr. Rodriguez: As for both of them. Vice Mayor De Yurre: OK. But isn't the whole concept of opening up... First of all, these people that are short - what, about 100 spaces or so - whatever, 200? Commissioner Plummer: I don't know. 209 January 28, 1993 Vice Mayor De Yurre: If they're, under this ordinance, asked to start paying aither the $10,000... Let's say one of these guys says, "I am short 40 spaces. Hey guys, here's $400,000. I want my parking." What happens then? `_ No. Does it go into a pool and say, well, now we're going to start looking -- for sites and see where we're going to go with this, and how it's going to look, and this and that? Is that what's going to happen? I have a problem with that, number one. Number two, the whole concept of Off -Street Parking is= to provide off-street parking. That's why we have parking meters that you pay = quarters into. That is why they collect monies here and there. I think that we have to look at Off -Street Parking doing their job, which is to provide off-street parking. If they have to sell the existing parking that they have, -- so be it, so that we can provide additional parking in areas that is needed, such as this, where 1t doesn't have to cost $10,000 per space, which is something ludicrous - ludicrous to ask somebody to pay, if they require 20 spaces to put up $200,000 for parking that they don't even know where it's going to be, that's not even in the making of the plans, or anything of that nature. Commissioner Plummer: No. Victor, you see... Let me... Commissioner Dawkins: And what happens if the individual does not money? Commissioner Plummer: If it were for new... Commissioner Dawkins: What happens then? Commissioner Plummer: If it were for new business... Commissioner Dawkins: He's going... Do you put him out of business? Commissioner Plummer: ..,that's a different story. Mr. Ted Stahl: Yes, it would. have the Vice Mayor De Yurre: I think that what we need to start looking at is maybe enforcing... Commissioner Plummer: Can I ask of this very vocal, loud group here, how many of you are in business beside Emilio? No, no. A business that would be affected by this ordinance. Now many of you here would be affected by this ordinance? Mayor Suarez: How many are already in business? All of them. Mr. Stahl: How about residents, sir. Commissioner Plummer: No, no. In business... Well, residents... You... Mr. Stahl: Residents are not affected very badly by the fact that there is not enough parking. 210 January 28, 1993 Mr. Joel Maxwell (Assistant City Attorney): He must be on the record, Mr. Mayor. Commissioner Plummer: No, no. Mayor Suarez: OK. We can't get that into the record. Commissioner Plummer: Are you affected that you would have to pay any $10,000 at all? Mr. Stahl: That's only one option. Commissioner Alonso: The other option... Mr. Maxwell: He must be on the record. Commissioner Plummer: No, the point I'm trying... Sir, the point I'm trying to make, I can see... Mayor Suarez: Commissioner Plummer, when you do that I just need for him to come up to the mike, or something, so that we can reflect in the record. Otherwise, you're talking to a nonexistent voice in the record. Vice Mayor De Yurre: And, you know, let me... Commissioner Plummer: Mr. Mayor, I can see any new business... -= Mayor Suarez: You just wanted a show of hands, but instead you ended up with a dialogue there. I'm... Commissioner Plummer: Yeah. I can see any new business that can make their - decision as to yes or no, that we will pay it or we won't go into business, but to come back after the fact and say to a man, "Hey, you've got to cane up - with $400,000," when a guy is struggling to try to make ends meet... _ Commissioner Alonso: Commissioner, what about Code Enforcement? Commissioner Plummer: What about it? - Commissioner Alonso: These people are illegal. _ Ms. Dougherty: It doesn't comply. .-3 Commissioner Plummer: Excuse me. Commissioner Alonso: How about Code Enforcement? Are we going to close their — - businesses because they have illegal situations? Mr. Ted Stahl: That's the whole reason for this. =l Commissioner Plummer: When you say illegal... - Mayor Suarez: Do you know what the conceptual block is, Commissioner? — 211 January 28, 1993 CS Commissioner Alonso: Let's close them. Mayor Suarez: Commissioner Alonso, do you know what the conceptual block is? If, in fact, they're illegal and if, in fact, they voluntarily want to comply why do they need us? Why don't they all just get together...,= - Commissioner Plummer: Yeah. Mayor Suarez: ...and put $10,000 each... Commissioner Alonso: They actually... Mayor Suarez: ...and buy a big parking lot somewhere, and come back to the City and say, "We have acquired. Now we're legal, folks. Tell your Code Enforcement People to leave us alone." That's not, obviously, what's happening. There is an element here of mandatory participation, because it's going to apply to everybody. Now, my question is - and I guess this is what we're going to be exploring, if we're not going to vote on this today - to what extent are 1,000 parking spaces needed as per the existing Code requirements are in effect illegally functioning? And to what extent are you concluding that in the ideal planning world you need 1,000 parking spaces? Because the solution to those two problems maybe the same in your minds, as planners, and in the minds of the business people, but to us they look like two totally different problems. Commissioner Plummer: Where are these illegals? Mayor Suarez: One is a nonconforming situation where we have to tell people, "You've got to contribute, because otherwise we're going to have to throw you out of there, or close you." And a situation where people are going to be coming in.:.. Commissioner Plummer: Well, 1f they're illegal, how are they existing? Mayor Suarez: ...and applying for additional space or expansions, and we're asking them to contribute because we're already beyond capacity. In fact, there's actually three different scenarios. And... Mr. Oscar Gaetan: All illegal, all legal and new. Mayor Suarez: Right. And... Mr. Gaetan: What is happening is that the three issues have to be... Mayor Suarez: ...to lump all this into one study that says there's 1,000 parking spaces needed... Commissioner Plummer: I have no problem with new places. None at all. Mayor Suarez: ...it's conceptually difficult. Commissioner Dawkins: None at all. Me either. Mayor Suarez: It's conceptually difficult for us. 212 January 28, 1993 a! Commissioner Plummer: New places, I have no p; Obl em. The man then has the tight to make his decision, "I'll either pay it or I won't go in business." That I've got no problem with. The problem I've got is a man who's existing, who has been existing... Commissioner Dawkins: Hold it. Hold it. Man or lady. Commissioner Plummer: Man or lady. Commissioner Dawkins: Thank you. Commissioner Plummer: ...place of business and you're going to go back now, after he's been operating for some period of time and say, "Sir... Commissioner Dawkins: He or she. Commissioner Plummer: Excuse me? Commissioner Dawkins: He or she. Commissioner Alonso: Commissioner, I have heard you talk about Code Enforcement all the time? What about Code Enforcement? Commissioner Plummer: Give me an example of where... Commissioner Alonso: How about enforcing the law? Commissioner Plummer: Give me an example where the illegal are existing today. Mayor Suarez: And... Mr. Stahl: Could I... Commissioner Plummer: Give me an example. Mayor Suarez: And to complete the thought process... Ms. Dougherty: Commissioner Plummer... Mayor Suarez: ...the logical process where the person is voluntarily coming in and saying... Ms. Dougherty: I can give you two examples. Mayor Suarez: ..."I am illegal. I want to pay $10,000 per space." Because that's hard for us to believe. Commissioner Plummer: Can I... Ms. Dougherty: I can give you two examples. Mr. Stahl: Commissioner... 213 January 28, 1993 p Commissioner PlumirAr: Can I ask the man I pay? Sir, give me an example. Ms. Dougherty: OK, Commissioner Alonso: it's not only the $10,000, or... Mr. Rodriguez: Come to my mind, three items on the agenda today. You have Johnny... Commissioner Plummer: No, no. They're not in yet. Ms. Dougherty: Yes. Commissioner Plummer: OK? Mr. Rodriguez: They are in. Ms. Mary Weber: Oh, yes, they are. Yes, they are. Mr. Stahl: Oh, yes... They're all open. Almost every restaurant in Coconut Grove is illegal. Mr. Rodriguez: They're illegal. Commissioner Plummer: They're in business now? Mr. Rodriguez: Yes. Ms. Dougherty: Yes. Mr. Stahl: Yes, sir. Commissioner Plummer: Now can you say that? Ms. Dougherty: Commissioner Plummer... Mr. Jim McMaster: Excuse me. Ms. Dougherty: I represent Johnny Rockets and Miami Subs. Here's a man for Greenstreet Cafe. We are all willing to pay this money, because we are now Illegal, and the way to fix this... Vice Mayor De Yurre: No, hold it. Hold it. Johnny Rockets was illegal and there's a whole history... Ms. Dougherty: let me explain something. Vice Mayor De Yurre: ...about Johnny Rockets. Ms. Dougherty: Let me... Commissioner Plummer: How did they get in business if they were illegal? 214 January 28, 1993 Ik i� - Commissioner Alonso: Well..e Ms, Weber: Because the City... Commissioner Pi ummr: wait a minute. Commissioner Alonso: Oh, well... Ms, Weber: Because the City of Miami let them be. Mayor Suarez: Hey, what is obvious to all of you... Commissioner Plummer: Now did... Mayor Suarez: ...is not obvious to us at all. Commissioner Plummer: May I get an answer? Ms. Dougherty: I can explain it to.. Mayor Suarez: I mean, that response... Please. Please. Commissioner Plummer: Can I get an answer? Mayor Suarez: Now, you can argue that we should have spent more time at this before we got to this Commission meeting and you can argue that we're not the smartest people in the world, but believe me, to the extent that we're up here tonight and it's 8:33, we're trying to understand. And with all of you erupting at once, then we for sure don't understand a damned thing that took place there. He asked what I thought was a very simple, logical question, and instead I got a bunch of noise back... Now, please. If somebody, given that we have a motion to defer and we have a courtesy system up here that we defer when one Commissioner wants to study it further, we are... folks, we're bending that rule... Commissioner Plummer: No, I mean, how the hell did they ever get a license to operate? Mayor Suarez: ...ano we're doing that partly because we see that you put a )at of work into this. Now, if you can answer at least a few questions simply and without all of these noise eruptions, maybe we can get a little bit farther ahead, because it sounds like it's going to take us a whole month, frankly. And I'm going to have to spend a lot of time on it and I admit that 1f I had known that this was going to be nearly this complicated, I would have spent a lot more time. So, what was the question again? Commissioner Plummer: My question... Mayor Suarez; And give us a simple answer, one person at a time, whether it's staff - which I doubt, because we haven't gotten any simple answers tonight on almost any issue - or Mary Weber, or somebody. Now, ghat was the question, J.L.? Commissioner Plummer: Mr. Rodriguez. 215 January 28, 1993 l Mr. Rodriguez: Yes, sir♦ Commissioner Plummer: How did - let's use Johnny Rockets as the example - did they get permission to operate if they, 1n fact, are illegal? Mr. Rodriguez: OK. Let me tell you how the process has worked and how we found the problems... Commissioner Plummer: A 'simple answer, I think. Mr. Rodriguez: I'm going to try to give you an answer. But if I'm continuously being interrupted all night, and that's why I cannot give you a good answer, Mr. Mayor. Mayor Suarez: All right. We won't interrupt you, but he has a very simple question. Now could they be there... Mr. Rodriguez: If I don't get interrupted, I will give you an answer. Mayor Suarez: All right. Mr. Rodriguez: Basically, the process is as follows. They come and they ask for an interior remodelling and they get an interior remodelling permit in the project - no parking required, it's only interior remodelling. The next thing they do is they go and they get a permit for a sidewalk cafe. In sidewalk cafes there are no parking requirements. Suddenly, they call the place a takeout only. For takeout only you don't have any parking requirements. And then, suddenly, we find that they do illegal conversions on the outside of the building. We go and take them to the Code Enforcement Board. In the meantime, they open a restaurant under another name, calling it a takeout only, with seats outside, paying only a fee for the use of the sidewalk, but not paying anything for parking and not providing any parking. Mayor Suarez: They've used our sidewalk ordinance to convert from a takeout facility with no parking requirements... Ms. Dougherty: J.L., please. Mayor Suarez: ...into a full restaurant and sidewalk... Commissioner Plummer: Why didn't you bring this to our attention before? Mayor Suarez: ...cafe? Mr. Rodriguez: But listen. We're giving you, suddenly, a solution. We have been working on a solution that makes sense. We unraveled the whole thing. You have a good solution that makes sense, that is logical, that 1s supported by a lot of studies, supported by looking at all the records, that finally addresses the issue face-to-face. And we're giving you a solution. And we're not talking about $10,000 per parking space. They have the option of paying what everybody else pays in the business, which is $40 a month for a parking place. 216 January 28, 1993 Commissioner Plummer: No, because let me tell you what's going to happen. I'm totally opposed to that. OK? Four hundred and eighty dollars a year. They're going to be there two years or three years and then they're going to be gone. Mr. Rodriguez: Somebody else will be there. Commissioner Plummer: You know it and I know it. OK? Let them pay the $100000 to go into business, that's what I look at. Ms. Dougherty Conmissioner Plummer... Mr. Rodriguez: Somebody else will be there paying the money. Ms. Dougherty: Can I... Vice Mayor De Yurre: Let me... Ms. Dougherty: Commissioner Plummer, may I say something, please? Vice Mayor De Yurre: Mr. Mayor, if I may, without interruption. Mayor Suarez: Yes, Mr. Vice Mayor. All right. Vice Mayor De Yurre: First of all, if they had a scheme to cheat the City... Commissioner Plummer: Obviously. Vice Mayor De Yurre: ...out of the system, I have no problem with closing them down tonight, and that's the end of them, number one. 00 And there should be taws on the books that we can do stuff like that to people who try to do that kind of activity. Commissioner Plummer: Don't send Code Enforcement. Vice Mayor De Yurre: Number one. Number two, what you're proposing here tonight is the following: Let's say Tula is 40 parking spaces short and you're saying to Tula, "Tula for $40 a month, or $400,000 a year, if you have the pocket change... You know, for once." Mayor Suarez: May I interrupt the Vice Mayor and ask when he says 40 spaces short, what does he mean? Vice Mayor De Yurre: Let's say that Tula requires 40, or 20, or ten... Mayor Suarez: Spaces short meaning what? Vice Mayor De Yurre: ...spaces. Mayor Suarez: More.,. Vice Mayor De Yurre: Parking spaces to be... Mayor Suarez: By... They're in violation of the Code that would... 217 January 28, 1993 Commissioner Plummer: Required by Code. Vice Mayor De Yurre: Required by Code. Mayor Suarez: Why are we back to your first hypothetical where you close Tula's until they Comply? Vice Mayor De Yurre; No, because Tula had a valet system and this and that, which was acceptable for a while. Ms. Dougherty: No, it was not. Vice Mayor De Yurre: And now all of a sudden, it isn't. Mayor Suarez: Because we approved it at one point. Vice Mayor De Yurre: That's right. Mayor Suarez: We approved the system, or the substitute system of on -site parking. Vice Mayor De Yurre: That's right. OK? And if you're going to come up with Coconut Grove can... Mayor Suarez: OK. So they're short in the sense of the ideal that they would have had. I see what you're saying. Vice Mayor De °►urre: That's right. OK? Now, if you go to them and say, *You've got 40 spaces short. You can give us $400,000 today and you're... you've met the requirement and now you're legal. Or you can start giving us, you know, $1600 a month and you're legal. Now, what makes it legal is the fact that they're paying, because they're not meeting any damned requirement, because the parking doesn't exist. OK? The parking does not exist. So, what you're saying is it's basically a penalty. You're saying give us $1,600 and now you're OK. Mayor Suarez: OK. Can we... Can I interrupt you one more time? Vice Mayor De Yurre: Yes. Mayor Suarez: Commissioner Dawkins would then say, how does any of that solve anything except put some money in our pockets, or somebody's pocket? Vice Mayor De Yurre: That's right. That's exactly where I'm at. Mayor Suarez: Oh, you're in the same boat as Commissioner Dawkins. Vice Mayor De Yurre: That's right. I'm exactly in the same boat. Mayor Suarez: You need a month too. All right. Vice Mayor De Yurre: So,' until... 1 218 January 28, 1993 �t =r Vice Mayor De Yurre: Until I can see a tangible, ready -to -go plan saying, as soon as the first dollars come in, we're going to build the parking. Or, what should really be happening is that we have an Off -Street Parking Department that should have the money to say, "Hey, we're going to build it and then we're going to start collecting from people as they open up new businesses to help subsidize the parking that we, as an entity, and as part of government, should be providing." Then that makes more sense... Mayor Suarez: See... Vice Mayor De Yurre: ...but it doesn't make any sense to collect money, saying now you're under the Code and now you're legal, when it's not going to create one additional parking space. I think that is not correct. Mayor Suarez: Or if 1t is, it won't be just now... Vice Mayor De Yurre: It will be years from now. Mayor Suarez: ...which was Plummer's point. You see, you've got to solve all of those conceptual blocks and show us how this, in addition to everything else, is not somehow an imposition on existing businesses that are somehow legal - we legally approved them - and that they all of a sudden have to pay a bunch of money for parking spaces that, you know... that theoretically they are required to have for some reason... Commissioner Plummer: There's another point... Mr. Rodriguez: If I may answer... Mayor Suarez: ...and for never... were never required before. Commissioner Plummer: You've got another... Mr. Rodriguez: ...may answer that. May I try to address that issue? Commissioner Plummer: There's another point that has to be considered. Mayor Suarez: I don't think you can solve it tonight. I mean, it doesn't sound like it. Mr. Rodriguez: No, but I can address it so at least you can think about it for the next month. Commissioner Plummier: I don't know where in Coconut Grove that people wouldn't scream and holler that you could build a parking structure for 1,000 cars. Mr. Rodriguez: The concept is not to build one parking structure garage. The concept is using also, in other places where we have surplus parking at night, making arrangements that would be binding, by which people would be able to park over there, using the money that we have through the trust fund, in addition to the idea of maybe having a trolley moving people from a parking 219 January 28, 1993 i_ l4 place in the district to the area where they will be located in downtown Grave. I mean, there are different alternatives in the ordinance that we propose, and one of them is a parking structure. And that part of the issue has to be addressed by Off -Street Parking. But the only way that we can address an issue of this magnitude is by addressing the fact that we have to collect something from those people who have been in violation. Mayor Suarez: You may have... Mr. Rodriguez: And at the same time we cannot close... Mayor Suarez: You may have tried to do three different kinds... remedy three different kinds of problems - existing, anticipated, legal and illegal - in one ordinance, and that conceptually is going to be tough, but maybe in a month we can... Mr. Rodriguez: Yeah. But, Mr. Mayor... Mayor Suarez: ...we can work our way through it. If all these people work their way through it, you knout, maybe we should be no less capable, but it really, at first blush, it sounds really confusing. Commissioner Plummer: I'll tell you what, what you'd better come back with, when you come back next month... Mayor Suarez: Confusing but excellent. Commissioner Plummer: You'd better come back with a list for me... Commissioner Alonso: ...excellent and once you study it, it makes a lot of sense. Commissioner Plummer: You'd better come back with, for me, the businesses that would be affected, the number of spaces that they would be affected by... Ms. Weber: OK. We've got all that. Mr. Stahl: Sure. Commissioner Plummer: ...and whether or not they're all in concurrence, as you are giving the opinion this evening that they are. OK? Bring it back. Hey, I'll look at it. Look, I'm going to tell you right now, if all the businesses who are affected are in favor, you've got my vote. But if they're not, then we've got to talk. Vice Mayor De Yurre: J.L., an alternative to this is that we forget about this ordinance and we put a moratorium about any additional... Commissioner Plummer: Victor, if they want to tax themselves... Vice Mayor De Yurre: ...things going up in the business area. Commissioner Plummer: ...and put their money where their mouth is, I sure don't have any problem with that. 220 January 28, 1993 "' '- _ i Mayor Suarez: There's a little... There's a great element of that here. =' Commissioner Plummer: The only problem I have is... Commissioner Alonso: The problem is no new business... Commissioner Plummer: ...where would it go? Commissioner Alonso: ...what we have today. Mayor Suarez: Counselor, you want to make a statement on the motion to defer and..* or, at least, if not on the motion to defer, because we've gone far afield on that, at least on the rationality of all of this... Ms. Dougherty: Yes. Mayor Suarez: ...that will help us... Ms. Dougherty: Yes, sir. Mayor Suarez: ...work our way through it in the next 30 days. —' Ms. Dougherty: The reason we're in this situation is... Ms. Weber: What? Ms. Dougherty: ...because you have existing retail businesses that have changed into restaurant businesses and requiring parking. If, for example, Johnny Rockets, which was a liquor store, remained another retail store, they wouldn't be in the problem where they needed parking. But because they changed... { Mayor Suarez: But you... As you tell us that, te11 us how they did that without us stopping them from doing it. Ms. Dougherty: Well, I'll tell you exactly how Johnny Rockets did it. Commissioner Plummer: It's called Sneaky Pete. Ms. Dougherty: Johnny Rockets believed, clearly under the ordinance, that under the SD-12 ordinance, that they could put parking anywhere within 600 feet. They leased in the Peacock Cafe... they have ten existing parking spaces that they lease, and they're under lease and they have been under lease. They thought that that would be in compliance. The Code Enforcement people come... Mayor Suarez: Ten. Now, we're talking ten total for Johnny Rockets? Ms. Dougherty: Correct. Mayor Suarez: For that whole establishment... Ms. Dougherty: Correct. 221 January 28, 1993 r r_ Mayor Suarez: ...plus whatever they have right around the turn there. Ms. Dougherty: That's no... No required parking there... Commissioner Plummer: No', there's nothing there. Mr. Stahl: Only inside, sir. Ms. Dougherty: So... Mayor Suarez: Plus whatever they have right around there that people presumably use to go to Johnny Rockets. Unidentified Speaker: The sidewalk cafe... Ms. Dougherty: Oh, the parking outside. Mayor Suarez: That's how they're going to expect their patrons to go to their restaurant... Ms. Dougherty: Right. Mayor Suarez: ...or whatever you call it. Ms. Dougherty: Or go into the building where they have leased spaces that say "Johnny Rockets"... Mayor Suarez: But they only have to provide ten? Ms. Dougherty: Right. Mayor Suarez: Our code says that Johnny Rockets, with the kind of activity they have, provide ten parking spaces? Ms. Dougherty: Because they give you a credit... Mayor Suarez: None of which are on site in this particular case. Ms. Dougherty: Correct. No... Mayor Suarez: `they're all somewhere else. Ms. Dougherty: They are right next door, in the Peacock Building. Right next door, within 150 feet. Mayor Suarez: We approved all of this. Ms. Dougherty: well... Mayor Suarez: Or it was just... Ms. Dougherty: No, no. 222 January 28, 1993 tr, Mayor Suarez: ..&built into our Code. Ms. Dougherty: No, no. After Johnny Rockets leased the building... After they leased the parking spaces, then the Code people said, "No, you have to provide 75 percent of the parking on site, otherwise you're illegal." Mr. Rodriguez: Because it's the law. Ms. Dougherty: They didn't know that. Mr. Rodriguez: That's the law. Ms. Dougherty: That's exactly the law and that's the law that they're changing to provide that you can provide the parking anywhere within the district. Mayor Suarez: Counselor... Ms. Dougherty: Yes. Mayor Suarez: ...with all due respect, 75 percent of ten is seven and a half. Ms. Dougherty: We don't have any space. There is no space on site. We... Mayor Suarez: What difference do the kinds of problems we're dealing with does it make whether Johnny Rockets has the ten next door or seven and a half right inside Johnny Rockets and two and a half next door? What... Ms. Dougherty: Exactly right. And that's what this ordinance is going to permit you to do. This ordinance is going to permit us to put the parking next door. That's what this ordinance is doing. So, you can either provide the parking on site for new construction, because new constructions is not affected... Mayor Suarez: Presumably, it does a lot more than that, because it's going to provide some money, because having it next door is the way they were doing it. They had ten next door, you said. Ms. Dougherty: Yes. Let me explain this. New construction is not affected by this ordinance. If you build a new building, you have to comply with the parking. If you have an existing building, right now you have to provide 75 percent of the parking on site, otherwise... But there isn't 75 percent parking for Johnny Rockets, Miami Subs, Greenstreet Cafe or anywhere. So, what they're doing is they're going to allow you to put the parking next door. So, you can either provide the parking next door or off -site, you can either buy it, or you can... new construction and build it. Those are the three options in this ordinance. So, what we're saying to you... Let me just give you Miami Subs, and this is the one I really want to appeal to you about. Miami Subs has no cafe outside. You may notice when you go by, there are no tables and chairs inside. That was a retail business, remember. This was the Oak Feed retail store and the Rice and Beans retail - Well, actually that was a restaurant. - that converted into a restaurant. They now have to comply with parking. There isn't... It doesn't exist. So, they thought that they could go and purchase again, just like Johnny Rockets did, and lease the 223 January 28, 1993 spates in the Coconut Grove Bank, which they have a lease for. That doesn't t0ply. They have to provide 75 percent on site. There is no place for it. So, right now... Mayor Suarez: Why did Johnny Rockets get it and not Miami Subs? Ms, Dougherty: A good question, but I... Let me gust say to you that Johnny Rockets... Commissioner Alonso: Good question. Ms. Dougherty% The reason that Johnny Rockets has it... Mayor Suarez: Yeah. I mean, thanks for... Does anybody have an answer? Because you obviously don't. You just said, "Good question." Ms. Dougherty: I do. Ms. Weber: Sir... Ms. Dougherty: I do have the answer. Ms. Weber: You let them have it. Simple, plain and simple. Mayor Suarez: We? Ms. Weber: Yes, you, the City, are letting them do this. Commissioner Alonso: The City of Miami. Mayor Suarezt "Nous," as they say in French. When, for Johnny Rockets? Ms. Weber: When? How many years have we been... Ms. Dougherty: Let me explain about Johnny Rockets, please. Ms. Weber: How many years have we been meeting like this, you and I, for example? Maybe five or six years? Mayor Suarez: OK. Are you saying that in a succession of... Ms. Weber: Yes, absolutely. Mayor Suarez: ...allowing off-street parking - I don't mean off-street. - off -site parking facilities over the years, we've had many Johnny Rockets, is that what you're saying? 'Mr. Rodriguez: No. Mayor Suarez: And we stopped doing it for the Miami Subs of this world, is that what you're saying? Ms. Weber: No, no. 224 January 28, 1993 M+r. Rodriguez: No. It's a process that I explained to you, fir. Mayor, of _ people asking for ,a takeout and then converting to a restaurant by using the sidewalk cafes outside, that doesn't require any parking. Ms. Dougherty: But Miami... Mayor Suarez: You said that before and I don't know a single instance of that. I know a lot of the owners here... Mr. Rodriguez: Johnny Rockets. Ms. Weber: No, no. Sergio, change of use. Mayor Suarez: .,.and none of those fit into that category. That's a whole different hypothetical. That's the one... That's the worst hypothetical, by r the way, because what we want to do with that kind of a case, as you heard the Vice Mayor and you heard Commissioner Plummer, and you probably meant to hear Commissioner Dawkins and myself, we want to just close those down. Anybody pulling any kind of trick on us, we want to close them down, if that's what youIre saying. Obviously, that's not the 90 percent of the cases here, so =� you'd better give us some clear hypotheticals, if you have any more to give us tonight, so we can start working our way through them. I gather, though, that of the 1,000 that you say we need, there are some that would be required under existing Zoning Code and some that we think are needed just by planning analysis. And you hope to fill both of those deficits with impositions of fees on existing businesses, for them to continue their operation. That concept is quite interesting. If everybody... Commissioner Alonso: It's not an imposition. They have an illegal business. Mr. Rodriguez: Let me give you another hypothetical, Mr. Mayor, Mayor Suarez: That I don't quite understand. Mr. Rodriguez: Another example is, for example, some of the restaurants... Ms. Dougherty: I'll never get to talk again. Mr. Rodriguez: ...they didn't have any parking, and what they did they had a covenant with another property in which they have parking in the back. For example, the... Mayor Suarez: That's what she just said about Johnny Rockets. Mr. Rodriguez: The back of Fuddruckers, for example, you had all that parking... Mayor Suarez: Why are you going to give me a different one? She gave me Johnny Rockets. They had a deal with another business.., Mr. Rodriguez: Well.., Mayor Suarez: ...to put the parking off -site. 225 January 28, 1993 LMW Mr. Rodriguez: Except we found out that the same area was being covenant to many, Many different people. Mayor Suarez: Aah, so people double -dipped on the off -site parking. Mr, Rodriguez: Plus, in addition to that... Mayor Suarez: The logical proposal to a Commission under those circumstances is that we find who the double-dippers are, ascertain from the owner who, in fact, has the right to be there, and the rest, "pfffftl," just like he just said. Mr. Rodriguez: Close all the places. Commissioner Plummer: Well, let's go close some of them up. j Mr. Rodriguez: Close all the places. Vice Mayor De Yurre: Do you know what you're going to find, Mr. Mayor? Ms. Weber: Well, we'd like to see that. If that's what you so choose... Vice Mayor De Yurre: Mr. Mayor, you know what's going to happen? Ms. Weber: We've never seen that before. I don't think that you'd ever do it in the future. Mayor Suarez: Why would you think... Ms. Weber: Seriously. And so we are going to come up with a serious... Commissioner Plummer: You know... Let me,.. Mayor Suarez: Why would you think that? We've been doing everything you've wanted... Ms. Weber: No, no. Commissioner Plummer: Mr. Mayor... Ms. Weber: Sir, we're trying to come up with a serious workable solution... Commissioner Plummer: if I may... Ms. Weber: ...for everybody. Carmissioner Plummer: If I may, Mr. Mayor... Mayor Suarez: That's what is complicated... Commissioner Plummer: ...the thing that is bothering me... Mayor Suarez: ...and she says it's confused but excellent, and I'd like to be able to reach that same conclusion. 226 January 28, 1993 — Commissioner Aionso: I think it's excellent and, I don't know, but I doubt that if they bring to us the list, that in fact we will close all of the businesses as you people are saying here today. Ms. Weber: Or any of them. Come on, let's be realistic. Commissioner Plummer: You know... Commissioner Alonso: I doubt that very much. =t Commissioner Plummer: The thing that bothers me to no end... J Mr. McMaster: You're going to close half the Grove. Commissioner Plummer: ...is to sit here and find out that there has been a maneuver in which people have been open... been able to open businesses and the Administration has not informed this Commission of such. This is the o first time that I have heard that there is a roundabout, through the back door way of getting these businesses open. Mr. Rodriguez: It's a legal maneuver. It's legally done. Commissioner Plummer: But why weren't we informed of this? Mayor Suarez: That's different from the way you're hinting, that it's... If you have one person who satisfies the requirement of parking by off -site -- parking, and used a particular facility, by a particular owner, during particular hours, and another business did the same thing with the same owner, somebody was doing something illegal, Sergio. Mr. Rodriguez: No, the second example is illegal. The first one was legal. The first one that I mentioned to you, of going through the process and asking — for... Mayor Suarez: Johnny Rockets, yes. Mr. Rodriguez: Johnny Rockets. Mayor Suarez: That was perfectly legal. Mr. Rodriguez: That was... The other one that we had is... Mayor Suarez: But those parking lots still exist, even though it's adjacent to Johnny Rockets, so we have not lost anything that all of a sudden requires us to have 1,000 new parking spaces, you see. Unless we just analyze the Grove, realize that we have totally inadequate parking, have decided that we want to have 1,000 more parking spaces, and have decided that the people who are already there, who want to continue their businesses, they're making tons of money, are willing to pay... That's a whole different concept. I love that concept. Unidentified Speaker: And the City's making money. 227 January 28, 1993 SNOR Mr. Rodriguez: We looked at that, too and the reason we have a shortage is because we have the situation, as I mentioned in the second example, of people that were, through covenants, using the same land over and over again. And not only that, then a business like Fuddruckers came, and they needed a parking for themselves, so all of the people who have commitments to have parking in that area didn't have it any more. Commissioner Plummer: well, let me ask you something... Mr. Rodriguez: So, you know, it's a... Commissioner Plummer: Let me ask another... Mayor Suarez: So, they became illegal. They lost their right... Mr. Rodriguez: They became... Mayor Suarez: ...to park off --site. They became illegal. Mr. Rodriguez: They became nonconforming at that point and then we went after them through Code Enforcement and they have been... Mayor Suarez: I don't know why you say nonconforming. It sounds like fiat out illegal. Mr. Rodriguez: No. Well, then they came to you and they asked for variances. Commissioner Plummer: Sergio, question. Ms. Weber: And you gave them to them. Mr. Rodriguez: Huh? Commissioner Plummer: Sergio. Ms. Weber: And you gave them to them. Mr. Rodriguez: That's the whole thing. You know, we came and they asked for variances and the variances were granted. Commissioner Plummer: By who? Commissioner Dawkins: Did the Administration recommend the variances, or did you tell them they were wrong? Commissioner Plumper: To Fuddruckers? Mr. Rodriguez: No. We were against it. Commissioner Plummer: No, no. let me ask this question. Mr. McMaster: You know, Commissioners... Is this on? 228 January 28, 1993 Mr. Rodriguez: We looked at that, too and the reason we have a shortage is because we have the situation, as I mentioned in the second example, of people that were, through covenants, using the same land over and over again. And not only that, then a business like Fuddruckers came, and they needed a parking for themselves, so all of the people who have commitments to have parking in that area didn't have it any more. Commissioner Plummer: well, let me ask you something... Mr. Rodriguez: So, you know, it's a... Commissioner Plummer: Let me ask another... Mayor Suarez: So, they became illegal. They lost their right... Mr. Rodriguez: They became... Mayor Suarez: ...to park off --site. They became illegal. Mr. Rodriguez: They became nonconforming at that point and then we went after them through Code Enforcement and they have been... Mayor Suarez: I don't know why you say nonconforming. It sounds like fiat out illegal. Mr. Rodriguez: No. Well, then they came to you and they asked for variances. Commissioner Plummer: Sergio, question. Ms. Weber: And you gave them to them. Mr. Rodriguez: Huh? Commissioner Plummer: Sergio. Ms. Weber: And you gave them to them. Mr. Rodriguez: That's the whole thing. You know, we came and they asked for variances and the variances were granted. Commissioner Plummer: By who? Commissioner Dawkins: Did the Administration recommend the variances, or did you tell them they were wrong? Commissioner Plumper: To Fuddruckers? Mr. Rodriguez: No. We were against it. Commissioner Plummer: No, no. let me ask this question. Mr. McMaster: You know, Commissioners... Is this on? 228 January 28, 1993 Mr. Rodriguez: Right. Commissioner Plummer: OK? And let's say, just for argument's sake, it's 50. OK? To get into one of those spaces, you've got to pay. I would venture to say that not half of the people who go to Fuddruckers actually pay there. So what are we accomplishing when we make them have parking, but they charge people to park there and they charge a good fee to park there? What have we accomplished? Mr. Rodriguez: That they will not park in the neighborhoods. 'they will not park in residential areas to avoid... because there 1s no parking. I think people are willing to pay for parking, if they can find it in the Grove. Vice Mayor De Yurre: No, J.L. Mr. Rodriguez: An example of that is Cocowalk. Vice Mayor De Yurre: Let me tell you... Let me tell you one step further. You know, if we build off-street parking through our system here, and you're paying $40 a month per space, or you... let's say you give the $10,000 for the spaces, they're still going to charge your patrons. Unidentified Speaker: They've got to pay for it. Vice Mayor De Yurre: They're still going to charge you. So, where's the benefit in that? If I buy 40 spaces and I get $400,000, the least that you could do is say, "Hey, you get 40 spaces for free, because you paid for them already." But that's not the case. They're still going to charge everybody that walks in there. Mr. McMaster: Commissioners, I think the issue here is that... Mayor Suarez: Put your name on the record. Mr. McMaster: ...this has been going on forever. !Mayor Suarez: Put... Vice Mayor De Yurre: Is this the last item for tonight, Mr. Mayor? Mayor Suarez: Put your name on the record, Jim. Mr. McMaster: Jim McMaster, 2940 S.W. 30th Court, Coconut Grove. Vice Mayor De Yurre: Last item for tonight. OK. Mr. McMaster: This has been going on forever. Take Angela's Cafe, when they converted to a restaurant 1n 1975, they were supposed to build a parking lot behind that restaurant. To this day there is no parking lot back there. It did go to Code Enforcement Board within the last year for not being paved and not being a parking lot. It got a certificate of compliance for being paved 229 January 28, 1993 yy a atx� s ai c t _ and being legal, and it's not. You go next door to Barnacle Square, in 1977, when they filled in the front of that... Mayor Suarez: Why did that happen, Jim, if you can tell us? Mr. McMaster: It's been going on... Mayor Suarez*, Why did that happen? You gave us one hypothetical of a clearly... Ms. Weber: You tell us. Mr. McMaster: Well, no. Let's go next door to Barnacle Square. Barnacle Square... Mayor Suarez: Why are you going to another hypothetical? You just gave me one and I asked you a nice, simple question. You can't answer. Why did that happen? Whose fault was it? Mr. McMaster: The City of Miami. The City doesn't enforce anything. Barnacle Square is supposed to have a paved parking lot... Mayor Suarez: What 1s Barnacle Square? What is that? Mr. McMaster: It's the building next door to Angela's. Mayor Suarez: What kind of establishment is it? Ms. Weber Main Highway. Unidentified Speaker: Multiple. Mr. McMaster: It's a two-story building that is supposed to be retail, with a Japanese restaurant in the back. It is supposed to have a parking lot on Grand Avenue, running from McDonald to Margaret Street. In 1977... The parking tot is not there. It's never been built. They've now taken the front of the building and turned it into a bar, which has no parking. The other side is now a restaurant. You go next door... You know... Mayor Suarez: Why would we pass an ordinance requiring a bunch of people to put $10,000 or $40 a month into some kitty and not simply close that? I don't... Commissioner Plummer: What did you do, report it to Code Enforcement? Mr. McMaster: No, no. What I'm saying, gentleman, is this... I can see why... if Lucia Dougherty and I are both up here together, with Off -Street Parking, the restaurateurs, and we all agree, you know... Mayor Suarez: Well, you're creating a fund that is obviously is worth something. Mr. McMaster: It's unusual, but I think... 230 January 28, 1993 V Mayor Suarez: So we're not going to vote... I mean, it would be crazy to vote against that. Mr. McMaster: Well, but the point is we... Mayor Suarez: But you're trying to do so many things that it... Mr. McMaster: Fight. Mayor Suarez: ...it's logically difficult. Mr. McMaster: No, no. I understand that, and I think everyone could take a month and look at it, but the point is that we have spent... you know, Coconut Grove Civic Club has sent a letter to the Gone Enforcement Board, "please hold off on this." We don't want to put people out of business. We want to resolve a problem that whoever has let this problem happen, it has happened, it is here. And you ask who is legal or not legal? You can count them on one hand which restaurants in Coco... Outside of Cocowalk, none of the restaurants are legal. I don't care if you look at bathrooms, if you look at the liquor licenses aren't right. Nothing's legal. Mayor Suarez: No, I understand that because... Wait, wait, wait. Mr. McMaster: Nothing's legal. Mayor Suarez: Jim, my understanding is that there are some perfectly legal restaurants that have perfectly legal sidewalk cafe licenses... Mr. McMaster: Yeah, about five of them. Mayor Suarez: ...that we didn't anticipate would have... were going to have the kind of business that they've been having, and now realize that there's... Mr. McMaster: Right. Mayor Suarez: ...just not enough parking for all their patrons... Mr. McMaster: Well, no, sir, what I'm trying to interject here is... Mayor Suarez: ...and are willing to come in here and say, we are wilting to have an imposition on us... Mr. McMaster: Right. We all are. Mayor Suarez: ...to provide parking for everybody in the Grove. Mr. McMaster: We all are. That's what we're saying. tearing this apart and saying let's... Mayor Suarez: But you're overstating the case... Mr. McMaster: ...let's throw it out. Everyone is here 231 January 28, 1993 { r - .. -.7. r lAyor Suarez: `.*because you have the mentality that everything that was done was illegal. When you tell us that, you are in effect insulting our ability to deal with illegalities. We don't like to do things that are illegal up hereo t don't know where you get the idea that we did all of these things illegally. Ms. Weber: Mr. Mayor, may I request, with your deferral of this item for... from this evening's agenda, that you set a time certain for, whichever agenda that you set it for, for 7:00 o'clock. Mayor Suarez: I think it should be the first item. Can it be the first item, or does it have to be after 5:00 p.m.? Mr. Rodriguez: Hold on a second. Ms. Weber: Well, the first item after... Ms. Daugherty: I'm going to make a plea so we can put the tables and chairs inside. Mr. Maxwell: This applies to more than... Mayor Suarez: Five percent of the... Mr. Maxwell: ...five percent of the... Commissioner Plummer: Your problem with that, Mr. Mayor, I would rather you set a time than the first item on an agenda, because... Mayor Suarez: No, I was going to say, doubly certain... Ms. Weber: A time certain... Mayor Suarez: ...by saying it's the first item, meaning nothing before it at 2!00 p.m. or 3:00 P.M. All right. Instead you're saying 5:00 P.M. then? Ms. Weber: Six p.m.? Mayor Suarez; Six p.m. Ms. Weber: There are a number of business people that would like to be here. Mayor Suarez: See, the problem when you say six, of course, is that if we're in the middle of some other items, and some other exigencies, but we'll try, yes. Commissioner Alonso: Well, as close... Ms. Weber: Five... Mayor Suarez: Six p.m. we'll go for. Mr. Rodriguez: Six. 232 January 28, 1993 9 Commissioner Dawkins: As close to 6:00 as possible. Mayor Suarez: That's why I was trying to ascertain if it could possibly be the first item... Commissioner Plummer: The next item after 6:00. Ms. Weber: Thank you, very much. We really appreciate that. Mayor Suarez: ...because that's the only one you're sure it's going to start on time around here. Ms. Dougherty: Mr. Mayor? Mayor Suarez: Yes, Counselor. Ms. Dougherty: I have just... I have one plea on behalf of Miami Subs as well as Mr. Ed from the Greenstreet Cafe. Right now we're in a real hardship situation. We cannot put tables and chairs inside our establishments. If you go by Miami Subs, with a million dollars of improvements in that building, from the Oak Feed... Mayor Suarez: She's got to be kidding me. Ms. Dougherty: No, I'm not kidding. Mayor Suarez: She has got to be kidding me. Ms. Dougherty: No. What I'm saying to you... Mayor Suarez: We have Commissioners who want to defer this item... Ms. Dougherty: I'm just... Mayor Suarez: ...you're telling us about an existing establishment... Ms. Dougherty: I'm asking... Mayor Suarez: ...that from everything you've told me so far, is probably nonconforming... Ms. Dougherty: No. Mayor Suarez: ...and you want us to do what tonight? Ms. Dougherty: It is not nonconforming. What I'm saying to you is they will not permit us to put tables and chairs... Mayor Suarez: What do you want us to do tonight? Ms. Dougherty: I want you to make a policy for the Administration to permit us to have tables and chairs and treat us... Ms. Weber: No way. 233 January 28, 1993 MS. Dougherty: ...exactly like all the rest of them. Mayor Suarez: I have no idea what you're talking about. Ms. Dougherty: We are willing to comply. Mayor Suarez: How can we possibly impose a policy when this Commission is telling me that you're trying to tackle, in an ordinance, three different kinds of problems, that we need a month to study it, and you're trying to solve the problem for one particular... Ms. Dougherty: For two... But we are in a situation... Mayor Suarez: That's why you're with a great law firm and make good money. Ms. Dougherty: ...we have tried to comply, we've held off. Mayor Suarez: You're incredible. All right. Commissioners, we have a motion to defer. Ms. Dougherty: Help. Mayor Suarez: It's been seconded. Any further discussion from the Commission? If not... Commissioner Plummer: Is it 16, 17 and 18? Commissioner Alonso: Yes. Mr. Rodriguez: Yeah, continued to February 25th at 6:00 p.m. Ms. Dougherty: Make a plea? Mayor Suarez: Incredible. Commissioner Plummer: What? Mayor Suarez: Call the roll. Ms. Weber: Thank you very much. Commissioner Plummer: The next item after 6:00 p.m. 234 January 28, 1993 A MOTION TO CONTINUE TO FEBRUARY 25, 1993 AT 6:00 P.M. AGENDA ITEM PZ-16 (PROPOSED FIRST READING ORDINANCE. AMENDING ORDINANCE 11000 BY ADDING PROVISIONS REGARDING FLOOR AREA CALCULATIONS TO BE USED FOR PARKING REQUIREMENTS AND A PROCEDURE TO PERMIT PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING); AGENDA ITEM PZ-17 (PROPOSED FIRST READING ORDINANCE TO AMEND CODE CHAPTER 35 [MOTOR VEHICLE AND TRAFFIC, BY ADDING NEW ARTICLE VIII "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND"]); AND AGENDA ITEM PZ-18 (PROPOSCHAPTERED54 FIRST ("STREETS READING AND ORDINANCES I D WALKS" )0 BYND CODE AMENDING "SIDEWALK CAFES" TO ALLOW THEIR EXISTENCE IN CONJUNCTION WITH FOOD ESTABLISHMENT - TAKE OUT ONLY"; WITH PROVISIONS FOR PARKING.) Upon being seconded by Vice Mayor De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: You bet your bippie. 29. CONTINUE, TO A FEBRUARY 25, 1993, CONSIDERATION OF AGENDA ITEMS PZ-19, PZ-20, PZ-21, PZ-22, PZ-23 AND PZ-24. Commissioner Plummer: Mr. Mayor, I have two pocket items. Or I make a motion at this time... Mayor Suarez: Yes. Commissioner Plummer: ...that the rest of the agenda be deferred. Mayor Suarez: OK. Is there any exigency from the Administration standpoint on any of the items? 235 January 28, 1993 ROM Bice Mayor De Yurre: Second. Mayor Suarez: Anything that we absolutely have to do today? continuing the rest of the agenda. Commissioner Plummer: So move. Commissioner Dawkins: Second. Mr. Sergio Rodriguez (Assistant City Manager): Yeah. If not, we re Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. Unidentified Speaker: Mr. Mayor... -= Mr. Rodriguez: Wait, wait. - The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-72 A MOTION TO CONTINUE ALL PLANNING AND ZONING ITEMS NOT TAKEN UP ON THIS DATE TO THE FEBRUARY 25, 1993 COMMISSION MEETING. Upon being seconded by Vice Mayor De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins - Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre _ Mayor Xavier L. Suarez = NOES: None. _ ASSENT: None. - CbA�DERAT QN OFI PLANMIN6 ANDS Z CITY COMMISSION CLOSES ING ITEMS TO CONSIDER _ ITEMS FROM THE REGULAR PORTION OF THE AGENDA.] 236 January 28, 1993 1.1 ------------------------------------------------------------------------------ 30. GRANT REQUEST BY ROYAL CARIBBEAN GOLF CLASSIC TO USE MIAMI MARINE STADIUM FOR VOLUNTEER PARKING CONCERNING THE MIAMI PROJECT TO CURE PARALYSIS, AND ROYAL CARIBBEAN GOLF TOURNAMENT. ------------------------------------------------------------------------------- Commissioner Plummer: May I start with my pocket items, Mr. Mayor? Mayor Suarez: If you have any emergencies, try it, sir. Commissioner Plummer: Mr. Mayor, the first pocket item I have... Commissioner Dawkins: I move it. Commissioner Plummer: ...is to allow the Royal Caribbean Golf Classic, which is for the Miami Project to Cure Paralysis and the Royal Caribbean Golf Tournament to allow them to use the Marine Stadium for volunteer parking. I so move. Vice Mayor De Yurre: Second. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-73 A RESOLUTION RELATED TO THE ROYAL CARIBBEAN GOLF CLASSIC TOURNAMENT TO BE CONDUCTED BY THE MIAMI PROJECT TO CURE PARALYSIS ON FEBRUARY 1 THROUGH FEBRUARY 7, 1993; AUTHORIZING THE USE OF THE MARINE STADIUM FOR VOLUNTEER PARKING FOR SAID EVENT, SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS PAYING FOR COSTS OF NECESSARY CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: 237 January 28, 1993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J, L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 31. GRANT REQUEST FOR WAIVER OF SPECIFICALLY DESIGNATED FEES IN CONNECTION WITH THE 1993, 1994 AND 1995 GRAND PRIX RACE EVENTS. Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD BY TITLE ONLY.] I so move. Mayor Suarez: Moved. Vice Mayor De Yurre: Second. Mayor Suarez: Second. I have no idea why this is... it never seems to be able to come up as a regular item, regularly scheduled, at the regular time. It's always an emergency. Commissioner Plummer: Mr. Mayor, this should have been done for the extent of the contract and it never was. Mayor Suarez: Call the roll. I just don't why this doesn't come up as a regular item. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-74 A RESOLUTION WAIVING ALL BUILDING AND ZONING PERMIT AND CERTIFICATE FEES, PARK USE PERMIT FEES, DOCKAGE FEES FOR BOATS MOORING ADJACENT TO THE FEC PROPERTY, STREET CLOSURE AND BANNER FEES REQUIRED OF THE EVENT PROMOTERS, AND ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE 1993, 1994 AND 1995 GRAND PRIX. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: 238 January 28, 1993 FTn - E ti zFt AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Pluimrier, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 32. GRANT FUNDING REQUEST BY ORLANDO URRA (ALLAPATTAH COMMUNITY ACTION CHILD CARE CENTER) FOR $20,000 TO ASSIST THEM THROUGH THE END OF THEIR FISCAL YEAR (JUNE 30, 1993). ------------------------------------------------------------------------------ Vice Mayor De Yurre: I have one, Mr. Mayor. Mayor Suarez: Yes, Commissioner De... Vice Mayor. Vice Mayor De Yurre: This comes from Orlando Urra and the Allapattah Community Action, Inc. They've opened up their child care center. In fact, today was the opening as you were there. They are requesting from the City of Miami...this comes with the Administration's recommendation - the sum of $20,000 to carry them to June 3rd, 193. I so move. Commissioner Plummer: Who? Vice Mayor De Yurre: Urra. Mayor Suarez: What is tho... What are the... Vice Mayor De Yurre: And this comes with the recommendation of the Administration. Mayor Suarez: Where are the funds coning from? Commissioner Plummer: Does the... The Administration recommends it? Mr. Sergio Rodriguez (Assistant City Manager): The Manager told me yes. Commissioner Plummer: Second. Commissioner Alonso: And the money is coming from where? Mayor Suarez: Where is the money coming frown? Mr. Rodriguez: Community Development, and I understand. Commissioner Plummer: I thought we didn't have any money. Vice Mayor De Yurre: I so move. 239 January 28, 1993 Commissioner Alonso: ...money is already assigned to them? Mr. Rodriguez: The Manager told me before he left that he would give money from Community Development. Mayor Suarez: OK. It's not caning from general revenue. Vice Mayor De Yurre: No. Mr. Rodriguez: Not that I know of. Mayor Suarez: No, it's got to be better than that. We've got to put a proviso it's not coming from general revenue. Mr. Rodriguez: Put a proviso,.. Mayor Suarez: Because otherwise the Manager's got to be here. Commissioner Plummer: Well, put a proviso, but they find it where they find it. Vice Mayor De Yurre: OK. So moved. Mr. Rodriguez: Not from the general funds. Ms. Matty Hirai (City Clerk): Who seconded? Mayor Suarez: OK. Call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-75 A RESOLUTION ALLOCATING $20,000 FROM NON -GENERAL FUNDS TO ALLAPATTAH COMMUNITY ACTION, INC. TO FUND THE AGENCY'S CHILDCARE PROGRAM THROUGH JUNE 30, 1993; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR SAID CHILDCARE PROJECT. (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: 240 January 28, 1993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ----------- --------------- -----------�-----------------------.--,---------- y 33. RESCHEDULE FEBRUARY 11, 1993 COMMISSION MEETING TO FEBRUARY 9, 1993. Commissioner Dawkins: I move that we adjourn now. Commissioner Plummer: So be it. Always in order. Commissioner Alonso: No, no. Just a minute. I'd like to see if it's possible to change the date of the next Commission meeting - the 11th - to the loth, if possible. Commissioner Dawkins: So moved. Commissioner Plummer: No, I can't. Mayor Suarez: How about the 9th? Commissioner Alonso: You can't Wednesday? Commissioner Plummer: Wednesday's my brother's day off. Mayor Suarez: How about the ninth? Commissioner Plummer: How about the fourth? No, you can't do the fourth. Mayor Suarez: How about the ninth? Commissioner Alonso: No, the fourth... But the ninth... Commissioner Plummer: How about the 18th? Commissioner Dawkins: Huh? Commissioner Plummer: How about the 18th? Mayor Suarez: Pushing it back a week instead of... Commissioner Dawkins: Back to back with the other two, J.L. Commissioner Plummer: Oh, no. 241 January 28, 1993 Commissioner Alonso: Sixteenth or... Commissioner Dawkins: What about the 12th? Commissioner Alonso: The 12th? Commissioner Plummer: Oh, don't do it on a Friday. Commissioner Alonso: Yeah. Friday's bad. Vice Mayor De Yurre: Move it to the 18th. Commissioner Plummer: No, let's get... Mayor Suarez: How about the eighth or the ninth, Monday or Tuesday? - Commissioner Alonso: The eighth? The ninth? Mayor Suarez: Ninth. Commissioner Alonso: Nine. Mayor Suarez: All right. Commissioner Alonso: You've got problems? Mayor Suarez: Moved for the 9th. Commissioner Plummer: As far as I know I can make it. Mayor Suarez: Seconded by Commissioner Plummer. Cotmissioner Alonso: Ninth. Mayor Suarez: Call the roll. Commmissioner Alonso: Thank you. Commissioner Plummer: Yeah. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-76 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF FEBRUARY, 1993 TO TAKE PLACE ON FEBRUARY 9, 1993 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: 242 January 28, 1,993 AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. --------------------------------------------------------------------------- 34. (Continued Discussion) BRIEF COMMENTS BY MARY WEBER ON BEHALF OF COCOANUT GROVE VILLAGE COUNCIL REQUESTING THE COMMISSION NOT TO SPEND ANY TAX MONIES BY JOINING LAWSUIT PRESENTLY INSTITUTED WHICH WOULD SEEK TO PREVENT METROPOLITAN DADE COUNTY FROM PLACING ON ITS MARCH 16, 1993 BALLOT A QUESTION WHICH ALLOW VOTERS RESIDING WITHIN A MUNICIPALITY TO - SEPARATE FROM THAT MUNICIPALITY WITHOUT THE CONSENT OF THE MUNICIPAL GOVERNING BODY (See label 10). ------------------------------------------------------------------------------ Mayor Suarez: Ms. Weber, is there an item of emergency that we... that you... we somehow overlooked. Ms. Mary Weber: Yes, I need to make a comment, if you will. Are we still on record? Commissioner Plummer: ...February the 25th... Mayor Suarez: A comment -on what? We're about to be adjourned, unless you've got an emergency... Commissioner Plummer: We are adjourned. Mayor Suarez: ...that the City should handle before we adjourn at our usual hour of 9:00 p.m. Ms. Weber: It was my understanding that a pocket item was supposed to be brought up some time today... Mayor Suarez: Emergency item. Ms. Weber: ...about the City joining in a lawsuit against the ballot amendment and as chairman of the Village Council, I would like to go on record as saying that the taxpayers in Coconut Grove certainly do not... Mayor Suarez: Why would you do that, if you're going to oppose it and it wasn't taken up? Ms. Weber: I know it wasn't taken up. I want to go on record... Mayor Suarez: So why would you cane up here and try to... 243 January 28, 1993 Commissioner Plummer: Well, wait a minute. Wait a minute. I'd like to hear what she has to say. Ms. Weber: I just want to go on record as telling you that the taxpayers =_ don't want to spend their money with your... you don't... we don't want you spending our money to do that. Commissioner Plummer: We have... You're so... Ms. Weber: That's it. Commissioner Plummer: You're saying the taxpayers of Coconut Grove... Ms. Weber: Coconut Grove. Commissioner Plummer: ...that belong to your council. Ms. Weber: I am speaking as chairman of the Coconut Grove Village Council. Commissioner Plummer: Right. Ms. Weber: Yes. -- Commissioner Plummer: That belong to yours because there are a lot of people in the district... Mayor Suarez: Incredible. Commissioner Plummer: ...who are in favor of not seceding. Ms. Weber: Well. I don't know if those people would want you to spend their tax dollars... Camtissioner Plummer: OK. Well, no. I just want to clear the record. Ms. Weber: ...on joining in a lawsuit... Mayor Suarez: Mary, it's inconceivable that when we've taken no action on that... - Commissioner Plummer: There's a lot of other... Mayor Suarez: ...you would come up here and try to make this argument at 9:04. OK. We're adjourned. Ms. Weber: OK. Thank you. 244 January 28, 1993 THERE BCIN G NO FURTHER BUSINESS TO CODE BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:04 P.M. ATTEST: Natty Hirai CITY CLERK Walter J. Foam ASSISTANT CITY CLERK Xavier L. Suarez MAYOR � iNCORP ORATEll 245 January 28, 1993