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CC 1993-03-25 Minutes
OF MEETING HELD ON IMARM 25, 1993 PLANNING AND ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATT`i HIRAI -= City Clerk 1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 2-3 SPECIAL ITEMS. R 93-193 (A) 1992 CITY OF MIAMI EMPLOYEES OF THE 3/25/93 YEAR: REGINA JONES AND GERRY CAMP. (B) PROCLAMATION IN MEMORY OF JOE AVALOS, FOUNDER OF GREAT COCONUT GROVE BICYCLE RACE. (C) NAME PUBLIC BICYCLE PATH ALONG MAIN HIGHWAY AND DOUGLAS ROAD, COCONUT GROVE: THE JOE AVALOS BICYCLE PATH. 2. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION 4 FURTHER DISCUSSION CONCERNING SEWER 3/25/93 SERVICE CONNECTION RESTRICTIONS. (See label 5) 3. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 4-5 SPECIAL ITEMS. 3/25/93 (A) CERTIFICATE OF APPRECIATION: TO POLICE OFFICERS GABRIEL ZUBIRIA AND RODOLFO HIERRO (OFFICERS OF THE MONTH). (B) CERTIFICATE OF APPRECIATION: TO EARL WIGGINS, LONGEST -SERVING PUBLIC SERVICE AIDE (PSA) AND FORMER MEMBER OF NUISANCE ABATEMENT BOARD. 4. DISCUSSION CONCERNING HOCKEY FRANCHISE DISCUSSION 6-7 AT THE MIAMI SPORTS ARENA. (See label 3/25/93 7B) 8. (Continued) DISCUSSION WITH DISCUSSION REPRESENTATIVES OF METRO -DADS WATER AND 3/25/93 SEWER AUTHORITY CONCERNING METRO DADE'S PRESENTLY IMPOSED MORATORIUM FORBIDDING ANY NEW SEWAGE CONNECTIONS OR LINKAGES TO THE CENTRAL WASTE WATER DISTRICT -- METRO-DADE SUGGESTS POSSIBLE IMMEDIATE SOLUTIONS TO CITY PROBLEM RELATED TO NEW CONSTRUCTION IN MIAMI AREA -- CITY INDICATES POSSIBLE ACTION TO SEEK RELIEF FROM METRO-DADE FOR THEIR SHORTSIGHTEDNESS IN NOT ADDRESSING THIS PROBLEM SOONER, WHICH WILL CAUSE HUGE ANTICIPATED LOSS OF REVENUE TO THE CITY. (See label 2) 6. STATUS REPORT CONCERNING MODEL CITY DISCUSSION CRIME PREVENTION SUBCOUNCIL AND TASK 3/25/93 FORCE AS IT RELATES TO CONDITIONS AT THE NORTH DISTRICT POLICE SUBSTATION. 7. (A) DISCUSSION CONCERNING POLICE DISCUSSION DEPLOYMENT AND PROPOSED CRIME -FIGHTING 3/25/93 PLAN. (See label 10) (B) COMMISSIONER DAWKINS SUMMARIZES THE ESSENCE OF PRIOR DISCUSSION CONCERNING DEBT SERVICE, THE SPORTS FRANCHISE TAX, THE HOCKEY FRANCHISE, AND THE NEED TO GET A PERMANENT FRANCHISE FOR THE MIAMI SPORTS ARENA. (See label 4) 8. CONSENT AGENDA -- BRIEF DISCUSSION ON DISCUSSION CA-4. 3/25/93 8.1 EXECUTE A GRANT AGREEMENT ($4,O0O)t R 93-194 PROVIDING FOR FUNDING OF PASS -THROUGH 3/25/93 GRANT WITH METROPOLITAN DADE COUNTY -- FOR PRODUCTION AND PROMOTION OF THE ROYAL POINCIANA FIESTA. 7-24 24-31 31-82 82-87 87 8.2 DECLARE MOST ADVANTAGEOUS METHOD TO R 93-195 DEVELOP IMPROVEMENTS ON CITY -OWNED 3/25/93 PROPERTIES IS BY A UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE CITY MANAGER TO PREPARE DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP -- SET PUBLIC HEARING REGARDING RFP FOR DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON WATERFRONT PROPERTY AT 3501 RICKENBACKER CAUSEWAY. 8.3 AUTHORIZE PROFESSIONAL SERVICES R 93-196 AGREEMENT WITH ARTHUR ANDERSEN AND CO., 3/25/93 CERTIFIED PUBLIC ACCOUNTANTS, WITH PARTICIPATION OF SHARPTON BRUNSON AND CO. -- TO ANALYZE FINANCIAL VIABILITY OF PROPOSAL SUBMITTED IN RESPONSE TO REQUEST FOR PROPOSALS (RFP) FOR DINNER KEY BOATYARD AND MARINA UNIFIED DEVELOPMENT PROJECT -- CITY TO BE REIMBURSED, FOR EXPENSES INCURRED AND MONIES ADVANCED, BY THE SUCCESSFUL PROPOSER UPON EXECUTION OF A NEGOTIATED DEVELOPMENT AGREEMENT. 8.4 RATIFY CITY MANAGER'S ACTION IN R 93-197 AUTHORIZING A 15% TEMPORARY RATE 3/25/93 REDUCTION IN DOCKAGE FEES FOR DINNER KEY MARINA FOR SPECIFIED SLIPS DURING HURRICANE DAMAGE REPAIRS. 9. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONSIDERATION OF PROPOSED RESOLUTION TO 3/25/93 EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MILIAN, SWAIN AND ASSOCIATES, INC. -- TO ESTABLISH A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE TELECOMMUNICATION SYSTEM PROVIDERS. (See label 51) w 90-91 10. (Continued discussion) AUTHORIZE R 93-198 FINANCING OF A PROTRACTED, COMPLEX 3/25/93 INVESTIGATION ($300,000 FROM LAW ENFORCEMENT TRUST FUND). (See label 7) 11. AUTHORIZE MAYOR OR CITY MANAGER TO R 93-199 ENTER INTO MUTUAL AID AGREEMENTS WITH 3/25/93 MUNICIPALITIES: HOMESTEAD, MIAMI SPRINGS, NORTH MIAMI, NORTH MIAMI BEACH, SOUTH MIAMI AND KEY BISCAYNE -- ON BEHALF OF MIAMI POLICE DEPARTMENT [F.S. 23.1225(3)]. 12. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE SECTION 18-52.3, BY ADOPTING CERTAIN 11048 PROVISIONS OF F.S. 287.055 RELATING TO 3/25/93 CONTRACTING METHODS AND PROCEDURES AS THEY APPLY TO DESIGN -BUILD PROJECTS. 13. RATIFY CITY MANAGER'S FINDING THAT R 93-200 REPAIR OF DAMAGE CAUSED BY HURRICANE 3/25/93 ANDREW TO THE FIRE TRAINING CENTER (3426 JEFFERSON STREET) IS AN EMERGENCY -- ACCEPT BID: MET-MAXWELL JV FOR THE DESIGN -BUILD FIRE TRAINING CENTER PROJECT H-1030. 14. BRIEF COMMENTS BY COMMISSIONER PLUMMER DISCUSSION CONCERNING SPECIAL PURPOSE GRANT FOR 3/25/93 RELOCATION OF CAMILLUS HOUSE. (See label 21) 15. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION FURTHER DISCUSSION CONCERNING PROPOSED 3/25/93 RESCHEDULING OF SECOND COMMISSION MEETING PRESENTLY SCHEDULED IN APRIL. (See label 19) 92-93 93-94 94-96 96-97 98-104 105-106 16. AUTHORIZE LICENSE AGREEMENT BETWEEN R 93-a201 106-107 GRAN CENTRAL CORPORATION, THE CITY OF 3/25/93 MIAMI, AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY -- FOR RIGHT TO CONSTRUCT, INSTAL, AND MAINTAIN 9 POLES / STREET LIGHTS ALONG N.W. 1 AVENUE BETWEEN N.W. 8 STREET AND N.W. 5 STREET. 17. DESIGNATE EXPENDITURE OF GRANT M 93-202 108-109 PREVIOUSLY -APPROVED GRANT MONIES AS 3/25/93 FOLLOWS: (a) JTPA TITLE I / OLDER WORKER (PY 192) ($19,392); (b) JTPA TITLE IIA / NEIGHBORHOODS JOBS PROGRAM (PY -92) ($767,399); (c) JTPA TITLE II / EMERGENCY JOBS (PY '92) ($235,480); (d) JTPA TITLE II STAY -IN SCHOOL PROGRAM (PY -92) ($14,385); (e) DHRS/RCA (PY 192) ($58,632); (f) JTPA TITLE III HURRICANE ANDREW RETRAINING PROGRAM (PY 192) ($300,000); (g) JTPA TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (PY 192) ($685,000); AND (h) OFFICE OF INTERGOVERNMENTAL LIAISON (PY 192) ($60,000). 18. ACCEPT BID: ROYAL RENT -A -CAR -- FOR R 93-203 109 FURNISHING AUTOMOBILE RENTAL SERVICE 3/25/93 FOR DEPARTMENT OF COMMUNITY DEVELOPMENT. 19. (Continued discussion) RESCHEDULE R 93-204 110 SECOND COMMISSION MEETING IN APRIL TO 3/25/93 TAKE PLACE ON APRIL 15TH AT 5:00 P.M. (See label 15) 0 (A) DISCUSSION CONCERNING THE STATUS OF NEGOTIATIONS FOR PROPOSED APPOINTMENT OF BOARD MEMBERS BY THE COMMISSION TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY BOARD OF DIRECTORS, THE HAITIAN TASK FORCE, AND THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION. (See label 22) (B) DISCUSS AND TEMPORARILY TABLE FURTHER DISCUSSION ON FOREIGN TRADE ZONE PROJECT -- DISCUSS SALARY / COMPENSATION FOR BILL RIOS (WYNWOOD ECONOMIC DEVELOPMENT CORPORATION. L2 DISCUSSION 3/25/93 21. (Continued) BRIEF RESTATEMENT OF PRIOR DISCUSSION DISCUSSION CONCERNING SPECIAL PURPOSE 3/25/93 GRANT FOR RELOCATION OF CAMILLUS HOUSE. (See label 14) 22. (Continued discussion) REACH AGREEMENT R 93-205 WITH BOARD OF DIRECTORS OF THE 3/25/93 ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY AND HAITIAN TASK FORCE FOR PROPOSED APPOINTMENT (BY THE COMMISSION) OF THREE BOARD MEMBERS PER ORGANIZATION -- PROVIDE FOR FUNDING OF SAID ORGANIZATIONS FOR REMAINDER OF FY ENDING JUNE 30, 1993, WITH PROVISOS. (See label 20) 23. WAIVE CITY CODE PROHIBITION AGAINST R 93-206 TRANSACTION OF BUSINESS BY CITY 3/25/93 EMPLOYEE AS IT APPLIES TO IRMA J. LUTHY -- TO ENGAGE HER SERVICES AS AN INDEPENDENT CONTRACTOR IN MATTERS PRIMARILY RELATED TO FUNCTIONS FOR THE REVIEW / ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS (FOR DEPARTMENT OF RISK MANAGEMENT). 131-132 132-134 134-135 L �L 24. (Continued discussion) BRIEF COMMENTS DISCUSSION CONCERNING EXPENDITURE OF GRANT MONIES 3/25/93 PREVIOUSLY APPROVED. (See label 17) 25. FUND PARK WEST ASSOCIATION FROM 18TH R 93-207 YEAR COMMUNITY DEVELOPMENT BLOCK GRANT 3/25/93 (FROM APRIL I - JUNE 30, 1993). 26. GRANT REQUEST BY PRESIDIO POLITICO R 93-208 HISTORICA CUBANO TO RELOCATE ITS 3/25/93 MONUMENT FROM RIVERSIDE PARK TO THE CUBAN MEMORIAL BOULEVARD. 27. DISCUSSION CONCERNING PRESENT SITUATION DISCUSSION REGARDING THE COCONUT GROVE STREET 3/25/93 VENDORS -- SET WORKSHOP FOR APRIL 1ST. 28. DISCUSS AND TEMPORARILY TABLE DISCUSSION CONSIDERATION OF PROPOSED RESOLUTIONS 3/25/93 TO APPEAL ZONING BOARD'S DECISION TO GRANT SPECIAL EXCEPTIONS TO PERMIT A JOINT PARKING FACILITY AND GASOLINE STATION AT U.S. 1 AND 27TH AVENUE. (Applicant: Resolution Trust Corp. Appellants: J. Confalone, N. Grove & C. Grove Sta. Apts.) (See label 32) 29. SECOND READING ORDINANCE: AMEND 10544 ORDINANCE (MCNP) FUTURE LAND USE MAP -- CHANGE 11049 LAND USE DESIGNATION AT 2705 N.W. 22 3/25193 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Zoila Guerra). 30. SECOND READING ORDINANCE: AMEND 11000 ORDINANCE ATLAS -- CHANGE DESIGNATION AT 2705 11050 N.W. 22 AVENUE FROM R-3 MULTIFAMILY 3/25/93 MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Zoila Guerra). 135-136 136-137 137-139 140-163 163-165 165-166 167 El 31. DISCUSS AND CONTINUE TO APRIL 15TH PROPOSED RESOLUTION TO APPEAL ZONING ADMINISTRATOR'S DECISION TO REVOKE CERTIFICATE OF USE NO. 92-0831, WHICH ADDED A LIQUOR STORE TO AN EXISTING RESTAURANT CERTIFICATE OF USE AT 5741 W. FLAGLER STREET (Applicant/Appellant: Rafael Rolando Gonzalez). 32. (Continued) DISCUSS AT A PUBLIC HEARING AND CONTINUE (TO APRIL 15TH MEETING) APPEAL OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD TO PERMIT A JOINT PARKING FACILITY AT THE CORNER OF U.S. 1 AND S.W. 27 AVENUE. (Applicant: Resolution Trust Corp. Appellant(s): J. Confalone, N. Grove & C. Grove Sta. Apts.) (See label 28) 33 (Continued) DISCUSS AT A PUBLIC HEARING AND CONTINUE (TO APRIL 15TH MEETING) APPEAL OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD TO PERMIT A GASOLINE STATION AT CORNER OF U.S.1 AND S.W. 27 AVENUE. (Applicant: Resolution Trust Corp. Appellant(s): J. Confalone, N. Grove & C. Grove Sta. Apts.) (See label 28) 34. SECOND READING ORDINANCE: AMEND 11000 TEXT (ARTICLES 6 AND 25) -- ADD PROVISIONS REGARDING: (a) FLOOR AREA CALCULATIONS TO BE USED FOR PARKING REQUIREMENTS, AND (b) A PROCEDURE TO PERMIT PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING -- IN SD-2 AND SD-17 COCONUT GROVE DISTRICTS. (Applicant: Planning, Building & Zoning Dept.) 13 DISCUSSION 3/25/93 M 93-209 3/25/93 M 93-210 3125/93 ORDINANCE 11051 3/25/93 168-184 185-205 206 207-245 36. 37. DIRECT ADMINISTRATION TO COME BACK ON MAY 27TH WITH A STUDY WHICH WOULD SERVE AS THE BASIS FOR POSSIBLE INSTITUTION OF A MORATORIUM ON COMMERCIAL CONSTRUCTION IN COCONUT GROVE AREA -- AUTHORIZE ALLOCATION OF $100,000 TO HIRE OUTSIDE CONSULTANT TO CONDUCT PLANNING STUDY CONCERNING ISSUES AFFECTING GROVE AREA -- ADMINISTRATION TO HAVE CONTROL OF EXPENDITURE AND TO WORK JOINTLY WITH THE COCOANUT GROVE VILLAGE COUNCIL -- DIRECT CITY MANAGER TO IDENTIFY A SOURCE OF FUNDING. (See label 41) SECOND READING ORDINANCE: AMEND CODE ORDINANCE CHAPTER 35 (MOTOR VEHICLES AND 11052 TRAFFIC) -- ADD NEW CHAPTER VIII: COCONUT GROVE PARKING IMPROVEMENT TRUST FUND. (Applicant: Planning, Building & Zoning Dept.) SECOND READING ORDINANCE: AMEND CODE ORDINANCE CHAPTER 54 (STREETS AND SIDEWALKS) -- 11053 AMEND ARTICLE VI, SIDEWALK CAFES, TO 3/25/93 PERMIT NEW SIDEWALK CAFES, IN CONJUNCTION WITH FOOD ESTABLISHMENTS - TAKE OUT ONLY, PROVIDED THAT OFF-STREET PARKING IS EITHER PROVIDED, OR A FEE IN LIEU OF PARKING IS PAID. (Applicant: Planning, Building & Zoning Dept.) 38. AFFIRM ZONING BOARD'S DECISION TO DENY R 93-212 VARIANCE TO WAIVE 45 OF 45 REQUIRED 3/25/93 OFF-STREET PARKING SPACES FOR THE TULA RISTORANTE (2957 FLORIDA AVENUE). (Applicant/Appellant: Carlo Fontanesi.) 39. AFFIRM ZONING BOARD'S DECISION TO DENY R 93-213 VARIANCE TO WAIVE 10 OF 10 REQUIRED 3/25/93 PARKING SPACES FOR THE JOHNNY ROCKETS RESTAURANT (3036 GRAND AVENUE). (Applicant: Richard Peacock. 248-250 250-251 251-256 256-260 0 40. AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO WAIVE 19 OF 19 REQUIRED OFF-STREET PARKING SPACES FOR THE RESTAURANT TRATTORIA PAMPERED CHEF (3145 COMMODORE. PLAZA). (Applicant: Walter S. Falk. Appellant: Juan Dominguez.) 41. (Continued discussion) CLARIFICATION TO REPRESENTATIVE OF COCOANUT GROVE VILLAGE COUNCIL CONCERNING HIRING OF OUTSIDE CONSULTANT TO CONDUCT PLANNING STUDY OF COCONUT GROVE AREA AND POSSIBLE INSTITUTION OF MORATORIUM ON CONSTRUCTION IN THE GROVE. (See label 35) 42. (A) AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO ALLOW 6% INSTEAD OF THE 10% MINIMUM REQUIRED GREEN SPACE FOR CONSTRUCTION OF A FAST FOOD RESTAURANT (BURGER KING) AT 1101 S.W. 22 STREET. (Applicant: Jose Valle / Gull House #4 Ltd. Appellant: Burger King Corp.) (B) DIRECT CITY MANAGER TO NEGOTIATE WITH OWNER OF PROPERTY AT 1101 S.W. 22 STREET FOR POSSIBLE ACQUISITION OF SAME TO BE USED AS A NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICE. 43. SECOND READING ORDINANCE: AMEND 11000 TEXT: ARTICLE 6, SECTION 614, SPECIAL DISTRICT 14, 14.1 AND 14.2, LATIN QUARTER COMMERCIAL RESIDENTIAL AND RESIDENTIAL DISTRICTS -- TO REFLECT MODIFICATIONS AND LIMITATIONS IN PERMITTED PRINCIPAL USES AND STRUCTURES, CONDITIONAL PRINCIPAL AND ACCESSORY PERMITTED USES, PROPOSED SIGN LIMITATIONS AND SPECIAL PERMITS. (Applicant: Planning, Building & zoning Dept.) R 93-214 3/25/93 DISCUSSION 3/25/93 R 93-215 M 93-216 3/25/93 ORDINANCE 11054 3/25/93 261-262 263-265 266-276 276-277 10 44., SECOND READING ORDINANCE: AMEND 11000 ATLAS FOR AREA KNOWN AS SPECIAL DISTRICT 14, 14.1 AND 14.2 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS -- TO REFLECT DELETION OF SD-14.1 COMMERCIAL - RESIDENTIAL DISTRICT AND CHANGING THE SD-14.2 RESIDENTIAL DISTRICT TO READ AS SD-14.1 RESIDENTIAL DISTRICT. (Applicant: Planning, Building & Zoning Dept.) 45. SECOND READING ORDINANCE: AMEND 11000: (a) ARTICLE 6, SPECIAL DISTRICTS GENERAL PROVISIONS -- TO ALLOW AUTO CARE SERVICE CENTERS BY SPECIAL EXCEPTION IN SD-14 AND SD-14.1 LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICTS; AND (b) AMEND ARTICLE 25: DEFINITIONS -- TO AMEND DEFINITION FOR AUTO CARE SERVICE CENTERS. (Applicant: Planning, Building & Zoning Dept.) 46. SECOND READING ORDINANCE: AMEND 11000, SECTIONS 1306, 1904 AND 2109 -- TO PROVIDE THAT ZONING BOARD AND CITY COMMISSION CAN RESCIND ! MODIFY / CHANGE ANY RESOLUTION HERETOFORE OR HEREAFTER ADOPTED WHICH GRANTS A SPECIAL PERMIT, SPECIAL EXCEPTION OR VARIANCE -- IF THE BOARD / COMMISSION FINDS THAT THERE IS A VIOLATION OF CONDITIONS / RESTRICTIONS / LIMITATIONS IN SUBJECT RESOLUTION, PROVIDING FOR REVIEW OF COVENANTS AND REMEDIAL ACTION. (Applicant: Planning, Building & Zoning Dept.) C2 ORDINANCE 11055 3/25/93 ORDINANCE 11056 3/25/93 ORDINANCE 11057 3/25/93 277-278 281-282 014 47. SECOND READING ORDINANCE: AMEND CODE SECTION 62-35 -- PROVIDE THAT ZONING BOARD CAN RESCIND / MODIFY / CHANGE ANY RESOLUTION HERETOFORE OR HEREAFTER ADOPTED WHICH GRANTS A SPECIAL PERMIT / SPECIAL EXCEPTION / VARIANCE -- IF THE BOARD FINDS THAT THERE IS A VIOLATION OF CONDITIONS i RESTRICTIONS ! LIMITATIONS IN SUBJECT RESOLUTION. (Applicant: Planning, Building & Zoning Dept.) 48. AMEND INCREMENT II DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT (DRY) -- TO REMOVE CERTAIN LANGUAGE RELATING TO ACQUISITION OF RIGHT-OF-WAY FOR CONSTRUCTION OF N.W. 1ST AVENUE. (Applicant: Planning, Building & Zoning Dept.) 49. DISCUSS AND CONTINUE (TO APRIL 15TH MEETING) PROPOSED FIRST READING ORDINANCE TO AMEND THE CODE CHAPTER 62: ZONING AND PLANNING FEES PERTAINING TO DEFINITION / CALCULATION OF DIRECTLY - AFFECTED AND GROSS BUILDING AREAS FOR MAJOR USES AND DEVELOPMENTS OF REGIONAL IMPACT (DRI) -- PROVIDE MINIMUM FEES AND EXCLUSION OF PLANNED UNIT DEVELOPMENTS (PUD) FROM MAJOR USE SPECIAL PERMIT FEES, TO ELIMINATE DOUBLE -CHARGING. (Applicant: Planning, Building & Zoning Dept.) 50. DISCUSS AND CONTINUE (TO APRIL 15TH MEETING) CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT, SECTION 2502, TO PROVIDE DEFINITIONS FOR GROSS FLOOR AREA AND DIRECTLY -AFFECTED FLOOR AREA. (Applicant: Planning, Building & Zoning Dept.) ORDINANCE 11058 3125/93 R 93-217 3/25/93 284 DISCUSSION 285-287 3/25/93 DISCUSSION 287 3/25/93 51. (A) (Continued) DISCUSSION AND M 93-2I$ RECONSIDERATION OF PRIOR VOTE TAKEN FOR R 93-219 DEFERRAL OF PROPOSED RESOLUTION TO 3/25/93 AUTHORIZE EXECUTION OF AGREEMENT WITH MILIAN, SWAIN AND ASSOCIATES, INC. ($12,000) FOR ESTABLISHMENT OF A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE TELECOMMUNICATIONS SYSTEM PROVIDERS. (See label 9) (B)EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MILIAN, SWAIN AND ASSOCIATES, INC. ($12,000) FOR ESTABLISHMENT OF A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC RIGHTS - OF -WAY BY PRIVATE TELECOMMUNICATIONS SYSTEM PROVIDERS. 52. DIRECT ADMINISTRATION TO CONDUCT" A M 93-220 MARKETING STUDY OF SIDEWALK CAFES IN 3/25/93 ECONOMICALLY DEPRESSED AREAS OF THE CITY FOR POSSIBLE GRANTING OF RELIEF TO AREAS THROUGH ASSESSMENT OF LOWER FEES IN CONNECTION WITH SAID CAFES. 290-294 i � 1 )i '+Yx IP MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of March, 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 9:14 a.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Miriam Alonso Commissioner J.L. Plummer, Jr. Commissioner Miller J. Dawkins Mayor Xavier L. Suarez Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Vice Mayor Victor De Yurre An invocation was delivered by Mayor Suarez and Commissioner Plummer then led those present in a pledge of allegiance to the flag. 1 March 25, 1993 ------------------------------------------------------------------------------ 1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) 1992 CITY OF MIAMI EMPLOYEES OF THE YEAR: REGINA JONES AND GERRY CAMP. (B) PROCLAMATION IN MEMORY OF JOE AVALOS, FOUNDER OF GREAT COCONUT GROVE BICYCLE RACE. (C) NAME PUBLIC BICYCLE PATH ALONG MAIN HIGHWAY AND DOUGLAS ROAD, COCONUT GROVE: THE JOE AVALOS BICYCLE PATH. ------------------------------------------------------------------------------ Mayor Suarez: We have a couple of ceremonial items and then we're going to try to take the sewer moratorium issue. And we're pleased to have here John Renfrow from DERM (Department of Environment Resources Management) and Jorge Rodriguez who some people say is the acting director of the Water and Sewer Authority or assistant director, one of those. Yes. And our... Commissioner Plummer, I think you wanted to do Joe Avalos last, so we have first of all a commendation and plaque to 1992 City of Miami employees of the year, Regina Jones and Gerry Camp. Are they here? There they are. If you would come around to the back, so we could take pictures and use them for campaigns, et cetera. By City Ordinance, none of the pictures that are taken up here can be used in campaigns, except we haven't passed such an ordinance, but it sounds like a good... Commissioner Alonso: Let's go... Mayor Suarez: Repeal that ordinance. The commendation to Regina Jones reads in part, "Whereas Regina Jones, Secretary IV for the City of Miami Planning, Building and Zoning Department is the archetype of the achiever who through dedication and hard work knows how to reach her goals. Whereas for her exceptional talent and professionalism, Ms. Jones has been selected as 1992 Outstanding Employee of the Year. Local authorities on behalf of the community salute Regina Jones for her ability to accomplish assigned tasks with minimal direction and for numerous charitable endeavors on behalf of our City. Now therefore I, Xavier Suarez, Mayor of the City of Miami Florida do hereby commend Regina Jones." And I'm pleased to - let's see - give not only the commendation, but a very nice plaque. Mr. Camp has not arrived so if he's here a little later, we'll be able to do that. And Commissioner Plummer on Bicycle Joe, I think you want to say something. Commissioner Plummer: Mr. Mayor, we have here the wife of our dear friend Joe and in addition to the presenting of a proclamation... Suzanne, would you please come up with the Mayor, please? A man who gave of himself to this community and just two weeks prior to his untimely death, appeared before this Commission once again to do that which was in his heart for his community and that was the bicycle race which he established. It was only fitting that I felt that this resolution should be passed by this Commission and it reads as follows. [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD BY TITLE ONLY.] I would offer that, Mr. Mayor, in the form of a motion. And I would like to have, if it's possible, Mr. Manager, to try to get at least something temporary for the bicycle race which I think is this coming weekend. Not necessarily the permanent signage, but something to show that it will be going up and it will be done and I think that would be very 2 March 25, 1993 ELJ 0 appropriate. The proclamation reads, "Whereas the people of the City of Miami were greatly grieved to learn the sudden and untimely death of Joe. And whereas the Florida Cycle Foundation and founder of Coconut Grove Bicycle Race was a paradigm of the civic leader and dedicated citizen. This remarkable man _— has left a legacy of love as a husband, father and sportsman, as well for his many community endeavors. And whereas, on behalf of the community, pay post humus tribute to the memory of Joe for his contributions to the enhancement of R the sports in our midst. Now therefore..." Maurice Ferre. Can't tell the players without a program. "...our great Mayor Xavier Suarez does declare this day a day in remembrance of Joe." And we present that to his wife and hopefully on behalf of a grateful community, this is the way that we will remember him and all of the things that he did for us in this community. Would you call the roll, please? Commissioner Dawkins: It was seconded by Commissioner Alonso. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-193 - -- A RESOLUTION NAMING THE PUBLIC BICYCLE PATH ALONG MAIN HIGHWAY, FROM MCFARLANE ROAD TO DOUGLAS ROAD, AND = ALONG DOUGLAS ROAD, FROM MAIN HIGHWAY TO PROSPECT' -- DRIVE, IN THE COCONUT GROVE NEIGBORHOOD OF THE CITY OF MIAMI, FLORIDA, THE "JOSE AVALOS BICYCLE PATH"; FURTHER, DIRECTING THE CITY MANAGER TO AUTHORIZE THE _ INSTALLATION OF SIGNAGE DISPLAYING SAID NAME AT APPROPRIATE LOCATIONS ALONG SAID BICYCLE PATH AND WITHIN THE PUBLIC RIGHTS -OF -WAY OF MAIN HIGHWAY AND DOUGLAS ROAD IN THE CITY OF MIAMI, FLORIDA. (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: AYES: Conmissioner Miriam Alonso = Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. - ABSENT: Vice Mayor Victor De Yurre 3 March 25, 1993 2. BRIEFLY DISCUSS AND TEMPORARILY TABLE FURTHER DISCUSSION CONCERNING SEWER SERVICE CONNECTION RESTRICTIONS. (See label 5) Mayor Suarez: Ladies and gentlemen, we have seen and have been apprised and have observed what is a sort of de facto moratorium on construction in the City of Miami that is the result of capacity problems with the sanitary sewer line out to the treatment plant on Virginia Key. We're pleased to have, as I mentioned before, assistant director of the Water and Sewer Authority, Jorge Rodriguez, someone we're familiar with and we know is a dedicated professional and DERM (Department of Environmental Resource Management) director, Department of Environmental Resource Management for the County, John Renfrow. If you would make the presentation as you deem appropriate as far a sequence and I'm sure we're going to have a few questions. I should also tell the Commission that yesterday afternoon I received a letter from the County manager stating that you would be here and also forecasting some fairly quick solution to the problem and let's hope that that is in fact what's going to happen. And if you would like to otherwise report, the Commissioners will inquire and then we'll go onto the deployment... police deployment hearing. Do you have any... 3. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS. (A) CERTIFICATE OF APPRECIATION: TO POLICE OFFICERS GABRIEL ZUBIRIA AND RODOLFO HIERRO (OFFICERS OF THE MONTH). (B) CERTIFICATE OF APPRECIATION: TO EARL WIGGINS, LONGEST -SERVING PUBLIC SERVICE AIDE (PSA) AND FORMER MEMBER OF NUISANCE ABATEMENT BOARD. ------------------------------------------------------------------------------ Commissioner Plummer: Excuse me, Mr. Mayor. Mayor Suarez: Yes, Commissioner. Commissioner Plummer: There were two other ceremonial items - I don't know what happened - the two police officers. If I could do that... Mayor Suarez: Surely. Commissioner Plummer: ...before the photographer leaves. Mayor Suarez: Surely. Commissioner Plummer: Officer Gabriel Zubiria. Am I close? Mayor Suarez: Are they... Commissioner Plummer: OK. If they'll come up and Officer Rodolfo Hierro. Am I close? OK. Come up here. Mr. Mayor, these are the two police officers, as 4 March 25, 1993 you will recall, that I reported to this Commission approximately a month ago, that one of our neighbors had a gun stuck in his face as he went to open his car door at 7:00 in the morning. As we were travelling around, we saw the offender and very luckily for everybody concerned, I saw the officer there at 17th Avenue at about the same time that I saw the offender and we gave chase, or he gave chase and as the man... Commissioner Dawkins: No, we gave chase... Commissioner Plummer: We gave chase... He did the apprehension, 'let's call it like it is. Thank God the man threw down the gun. He was able to apprehend him and as I said to the police officer, thank God that the man didn't know how to jump over fences because we'd have lost him - neither one of us could have done it. But this is our way of, on behalf of my neighborhood and this community, to say thanks to these two officers, because it's this kind of work that we're really looking for in the Police Department and should be commended. People are always easy to criticize, but sometimes they forget to say thank you when thank you is appropriate. So through this, Mr. Mayor, to you if you would present these to these two gentlemen, please. Congratulations. Mr. Mayor, we have one other. Probably the oldest PSA (Public Service Aide), Earl, as you know... Earl Wiggins was from the Roads section and he was over there doing all kinds of good things and when we opened up PSAs, he decided he wanted to be a PSA for the City of Miami. And so, on behalf of the Nuisance Abatement Board where he served very, very well, he left there and became a PSA. And on behalf of the Nuisance Abatement Board, they have asked you, Mr. Mayor, to please present this certificate of appreciation to him for his work at the Nuisance Abatement Board. Mayor Suarez: Is he going to work for the City of Miami, too? Commissioner Plummer: He is working. Yes, more or less. Mayor Suarez: Not just Miama... Commissioner Plummer: I'll teach you tourists the difference between that and... Mayor Suarez: Whether it's Miama or Miami, either way we're proud of... 5 March 25, 1993 N Commissioner Dawkins: Mr. Mayor, I need a point of guidance from the Commission. Mayor Suarez: Yes, sir. Commissioner Dawkins: The hockey owners are desirous of wanting the City of Miami to give up the flexibility of being able to apply for any money that might enhance the possibility of our having someone there permanently that could pay the debt service... Mayor Suarez: For the Arena? Commissioner Dawkins: ...for the Arena. Now, I told them that I didn't know what the Sports Authority would do, but the City of the Commission,... the City Commission for the City of Miami would in no way give up its flexibility to apply for sports, bed tax or any other money that will help us obtain something that will stay in the Arena permanently. The Heat says they're leaving in two years. Mr. Haizinger said he will only be there two years. We need the flexibility to get any money from anywhere that we can to get a permanent something to pay money. So, I need to know if this Commission is willing to give up that flexibility or not. That's all. Commissioner Plummer: Well, let me speak. I'll start it off all the way over here. I am never going to give up any flexibility that is for the City of Miami, especially where there is indebtedness that has to be met. I don't think it is fair to ask that of the City of Miami or its taxpayers. This is money that is being collected as a sports tax and I think that it should go for the reducing of the debt and the operating expense of the Arena. And that's simply... That doesn't speak to hockey, it speaks to anything that is to appear there in that arena. We hope that hockey will use, the Arena. We think it would be good for them as well as it would be good for us. But I don't think we can say that we can give things away and still be able to maintain them. It just doesn't happen that way. So, I for one would not be willing to give up anything of which this City has the ability to bring home the bacon for. Commissioner Alonso: I feel the same way as my fellow Commissioner and I couldn't agree more with the position that he... I just feel exactly like he does. I'm not willing to give it up. Mayor Suarez: In terms of the personal verbal assurances that they might need, Commissioner Dawkins, I would be inclined to tell them that we would work with them and go as far as one could possibly go - the proverbial ten yards. In terms of a formal signing away of rights to legislative lobbying changes, I think there is a constitutional problem with that. But I... In my particular case, I would bend over as far as we possibly can - as we have done with the Heat, frankly - and would suggest to the media that - I don't want to 6 March 25, 1993 say we're in the driver's seat entirely, but I think we have a very nice facility. I had occasion to see the one in Orlando this week. The news that they should really be reporting is that I think we have the most successful arena in terms of professional franchises, with as many as three if things go well and you continue the negotiation towards a hockey contract, and afterwards, we shall see. I don't see it quite as easy as the media seems to think to create a whole new $100,000,000 facility in Broward and to attract the kinds of fans that we're attracting to the Overtown area and the northwest downtown area where the arena now is. So, I think a lot of it is posturing on the part of a tot of people. But as far as the personal negotiations, from my own perspective, you have as much leeway as you possibly want for my vote. Commissioner Dawkins: OK. Thank you. I have the feeling of the Commission and I would like to say that since J.L. Plummer and I were here, we go through this with every franchise. Joe Robbie took everything he could take from the City of Miami and then went north. The Miami Heat has come here and built up a following and they're going north. And now we have a gentleman who says he will only play here two years. Somewhere along the line, Mr. Mayor, you're right, we have to look out... I mean all of us up here, we have to look out for our best interests. Thank you. Mayor Suarez: Very good. ---------------------------------------------------------- NOTE FOR THE RECORD: At this point, Commissioner Plummer — announces that he must leave the meeting at 3:00 p.m. Mayor Suarez states that he will have to leave the meeting at mid -morning, but will return. ---------------------------------------------------------- ------------------------------------------------------------------------------ 5. (Continued) DISCUSSION WITH REPRESENTATIVES OF METRO-DADE WATER AND SEWER AUTHORITY CONCERNING METRO DADE'S PRESENTLY IMPOSED MORATORIUM FORBIDDING ANY NEW SEWAGE CONNECTIONS OR LINKAGES TO THE CENTRAL WASTE WATER DISTRICT -- METRO-DADE SUGGESTS POSSIBLE IMMEDIATE SOLUTIONS TO _= -`; CITY PROBLEM RELATED TO NEW CONSTRUCTION IN MIAMI AREA -- CITY INDICATES POSSIBLE ACTION TO SEEK RELIEF FROM METRO-DADE FOR THEIR SHORTSIGHTEDNESS IN NOT ADDRESSING THIS PROBLEM SOONER, WHICH WILL CAUSE HUGE ANTICIPATED LOSS OF REVENUE TO THE CITY. (See label 2) ------------------------------------------------------------------------------ -� Mayor Suarez: Do you have a choice as to who would like to go first, John? - Mr. John Renfrow: Thank you and good morning. I'm John Renfrow. I'm the _ director of Dade County Environment Resources Management. What I'm going to =_ attempt to do today and very briefly is to bring ,you up to speed as far as the situation... I'm having a problem with this. Mayor Suarez: We have a little echo there. _ Mr. Renfrow: How's that? 7 March 25, 1993 La Mayor Suarez: Try it. L2 Mr. Renfrow: I'm going to attempt to bring you up to speed as far as the situation with the restriction on sewer connections to the central system. And to do that, I have to go back and I go back to November 18, 1992, when I received a letter from the State Department of Environmental Regulation, requiring that all of Dade County, in order to do new sewer projects, would have to go through a new long... what they call a long form. And what does that mean? That means they have to go through an engineering study, a long lengthy engineering study, to guarantee to the State that that project or that connection that you're doing is indeed going to get to the plant with no problems whatsoever. And that's what that whole engineering study is about. And that 1s Dade Countywide. After I got that letter, we, being the County, sent out a memorandum and I sent it to utility officials, consulting engineers, in which we described what the issue was with the State and what the new requirements were going to be. Now, we did have several meetings with the State to try to iron out exactly what they wanted. Once we found out what exactly they wanted, in my... you know, in my wisdom, I believed that the best thing to do was to put out an order on January 27th, which was the order that restricted sewer connections within what we call critical areas. And I'll tell you why I did that. If we were to follow what the State wants, which we are, and they are requiring engineering studies for each and every project, after our staff looked over it with... you know, in the meetings with the State and the consulting engineers, we came to the conclusion that it was really... We knew what the answer was going to be in the critical areas. We knew that why go through these lengthy studies and cost when we knew what the answer was going to be and the answer was going to be you can't connect to this system. So, with that I put out that order restricting sewer connections in the critical areas. Now, those critical areas encompass the City of Miami, parts of Coral Gables, South Miami, you know, unincorporated Dade, obviously, West Miami. We also have Hialeah involved in this, which is going to the north plant. The central... The City of Miami goes to the central district plant. Hialeah goes to the north plant. That is part of it, too and there are also some areas in the northeast part of the County, unincorporated Dade and the Sunny Isles and that area up in there - North Miami - which is also in the critical area. Now, let me tell you what the problem is. There are two problems. The main problem is the pipe or the force main that is going across the bay. It's a pressurized pipe that takes all the sewage from the central district to Virginia Key. That pipe is at capacity right now and there are also problems as far as the structural integrity of that pipe. The second problem... Mayor Suarez: When you say capacity, does that mean theoretical capacity or actual capacity because of some leakage from rain water or sea water? Mr. Renfrow: Well, what's happening is because of this... I'm going into the second problem. Because of that second problem, which is infiltration of ground water into the system, it takes up the capacity in the system. It goes to one point, which is the pump station on the Miami River and then goes across this pipe. It all comes to that one point. Mayor Suarez: Where is the infiltration taking place? Inland or in the ocean? 8 March 25, 1993 N Mr. Renfrow: No, the infiltration is taking place in the entire inland system. Mayor Suarez: The inland portion. Mr. Renfrow: The inland portion of it. So, that's the first... Mayor Suarez: And there is no possibility of us leaving... Commissioner Dawkins mentioned here the possibility of putting sleeves inside the pipe. Is that something that is technologically possible? Mr. Renfrow: That is something that is being done in some of the portions. I'll get into that in a minute. The first problem is the force main, obviously, because it's at hydraulic capacity right now. The second problem is that you have infiltration, which is ground water coming into the system. If you could picture leaky pipes, a leaky system, it's underwater and the water is coming into it, thereby taking up capacity. So, that's the second problem. What are we doing about it? I'm happy to tell you that on March the 1st of this year, a few weeks ago, we Dade County and the State entered into an agreement... a consent agreement with the State of Florida to do the design, the bidding. There is also a schedule of construction, different time lines, different hammers are in there, as far as when that pipe is going to be built and how it's going to be built. Mayor Suarez: OK. All of those schedules and all of those plans and all of those agreements give us the impression that there will be a time in which all of this will come to pass and during that time we have, in effect, a moratorium. But, presumably, that's not the way it's going to work. Mr. Renfrow: That's correct. Mayor Suarez: And if not, please tell us right quick because... Mr. Renfrow: Right. Mayor Suarez: ...that's what we're concerned about. Mr. Renfrow: All right. To make a long story short, the bottom line is since last summer we, the County, have been doing infiltration studies and remediation to the system, prior to the issue that's at hand now. There have been problems. We've known about it and we've been working at it. What I - have done today is that we... as the Water Sewer Authority does these projects, and they can document rehabilitation of the system, we are taking that gallonage and putting it in a bank as it were. And as projects come in, we make withdrawals from that bank, or basically, we allocate that gallonage to that project. So, I can tell you that as of today I know that several - projects have come in from the City of Miami where they have been approved — with this system. And we will continue to do that as quickly as the Water and Sewer Authority does these projects and... Mayor Suarez: Oh, as you fix some of the problem, you measure the amount of gallons that is now... 9 March 25, 1993 W W Mr. Renfrow: That you're basically taking out of the system. Mayor Suarez: OK. Mr. Renfrow: In other words, if you have a... Mayor Suarez: And then that allows new projects with the same amount of what you call gallonage to be... Mr. Renfrow: Right. Well, it's gallons of water. That's what we measure it by. Mayor Suarez: Wowl I thought I'd learn some new terminology today, but I guess we're beginning already. OK. Mr. Renfrow: So, basically, it's... What I call it... The simple way to put 1t is a bank. Instead of having money in it, you have gallons in it and you allocate these gallons to the use of that property or that project that is coming on tine. So, like I've said, there have been several projects that have come in in the City, they have been approved. As far as replacement... In other words, I was talking to the Manager or your assistant the other day on the Gusman... I think at the Gusman Theater where you're putting some sort of apartment type of complex. We're working that out. We feel there will not be a problem there either. So, those things are happening. So, when you say it's a moratorium on construction, it really isn't. I mean, I'm not saying that this is a panacea to everything. I'm not sure, you know, what type of project is going to come in where indeed we might not be able to do it, but... Commissioner Alonso: May I ask... Mayor Suarez: Yes, Commissioner. Commissioner Alonso: ...a question at this time, please? What kind of criteria are you using to make the decision which project to accept and which one to refuse? How are you doing? What guidelines are you following to say, within the City of Miami I am going to approve this project and I'm going to refuse the next? What are the guidelines and on what basis do you make the final decision? Mr. Renfrow: All right. The guidelines right now are set up according, basically, to the same type of situation that we were in back in the 1970's. And what we do is we take a look at the total gallonage. Right now, I think it's over 200,000... let's say 300,000 gallons that we're working with. That can represent different types of projects, like you say, and how do you determine it? What we're doing is we're setting up different categories. So much percentage would be for public types of projects - you know, hospitals, schools, that kind of thing. A certain percentage would be for what we call homes - you know, low flows. And a certain percentage would be for high -- flows, which would be our apartments, condominiums, office complexes, that =_ kind of thing. And as we divide that number in there, as projects come in, basically first -come first -serve. As they get that building permit, that gallonage would be allocated to that project. And obviously, we can continue �_ doing that as long as we have the gallonage available in that bank. And I say _ the way we replenish that is as Water and Sewer Authority does their project - 10 March 25, 1993 and which they are and I'm sure George will go into what they're doing - we will be increasing, obviously, the gallonage in that bank. Commissioner Plummer: Question. Mr. Renfrow: Yes. Commissioner Plummer: Obviously, you knew long in advance that this system was at capacity. How long in advance? Mr. Renfrow: Let me... I'll answer that. Since 1989... As far as when I came into this picture, since 1989 there has been work that has been started as far as infiltration, because there was a problem, we knew about it. What you got to realize is that back in 1989 and 188 and that area in there, we had... Dade County had experienced a drought. Right now, we're not experience a drought. As a matter of fact, our dry season is no longer a dry season. We've had record rainfalls in the dry season which really makes it a wet season. When you have that situation, you're going to exacerbate the problem and those problems are going to manifest themselves. That is the situation we are in right now and that is why WASA (Water and Sewer Authority) has now accelerated... Conmissioner Plummer: Sir, we gave you the system... Mr. Renfrow: Excuse me. Commissioner Plummer: When we gave you the system free of charge, you knew at the time of giving that system that you were at capacity and why, my understanding is, the County has not done anything about addressing this problem earlier. Mayor Suarez: Can we leave that for... Commissioner Plummer: That's number one. Mayor Suarez: ...the WASA folks, because he's... Commissioner Plummer: OK. Number two, you folks knew about this problem six months in advance and you didn't say anything to this municipality, until the day you announced there was a moratorium. I don't understand that. And when you turn around and tell me you want to work with the City, I have to question why the surprise when it came to the municipality. Mayor Suarez: Yeah. You made mention of the December or November order that you put out... Commissioner Plummer: Nothing. Mr. Renfrow: Right. Mayor Suarez: ...and yet I think that the proverbial excrement hit the whirling blades quite a few months before that when... in fact, I think it was the Grand Jury that first called attention to it, or a spill that took place and it was least six months between one occurrence and the other. Why didn't we hear from you sooner? 11 March 25, 1993 Mr. Renfrow, Well, you know I can't speak why a message didn't get to this body right here. I can tell you that I've been involved with the Miami River Coordinating Council, which doer have a City of Miami representative. There have been public meetings as far as this problem, especially with the Miami River. Commissioner Dawkins: Hold it. I have a problem with this. You just said that you want to work collectively with the City of Miami. And now you tell me you don't care or you don't know how I didn't get known. It was not your problem that I was not notified. But yet, as a municipality, no one over there had the courtesy to let us know that this exists. I mean, that's common courtesy. Mayor Suarez: And... Commissioner Plummer: It's like we're not here. Mayor Suarez: And the... Commissioner Plummer: My next question is... Mayor Suarez: If I may just say something, Commissioner... Commissioner Plummer: Sure. Mayor Suarez: ...on the MRCC (Miami River Coordinating Council). They are a nice advisory body concerned with the Miami River. They don't... They're not charged with responsibility for all of the City's functioning, for the tax base, for guaranteeing a certain amount of development, for services to the community. And, you know, just a letter to the Mayor or the Manager, the Commission itself, would have been really helpful when you first thought the problern might occur. Commissioner Alonso: The first notification that was sent to the City of Miami was even sent to the wrong body. At the first meeting that we had that I attended, it was explained that it was sent to the level that actually it was not supposed to be sent and probably that person got that letter as just a copy of something that felt that perhaps was sent to the Mayor or the City Manager and nothing was conveyed at this level. And that's a serious concern that I expressed at that meeting and, of course, we've been saying over and over again and we cannot change that, but we question what was the intent - not to work with the City of Miami at that time? Mr. Renfrow: I can tell that's not my intent. I have... We have... As a matter of fact, our department has been working with your staff previous to all this happening with the Public Works. Commissioner Alonso: After the fact though. Mr. Renfrow: No, no. We've been working since 19... I believe 189, as far as problems with infiltration with Public Works Departments. What I can tell you what accelerated this whole thing was that letter that we got from DER (Department of Environmental Regulations). That was really what was the icing 12 March 25, 1993 0 on the cake as it were. That's what really accelerated the move that we had to make, but... NOTE FOR THE RECORD: Vice Mayor De Yurre entered the meeting at :44 a.m. Commissioner Plummer: I have two other questions of what you are contemplating presently. I noticed on Virginia Key surveyors have been out there, putting in stakes on our City of Miami property and I don't know what they're for. And I'm wondering if that has anything to do with you and if you do intend to use City property, when do you intend to write us a check to pay for it? And my final question is... After all of this conversation, the most Important thing is, when will this job be completed? Mr. Renfrow: OK. I will have to defer that to George Rodriguez who is the deputy director of the utility. And he can give you some dates as far as when some of these things will be completed. Mayor Suarez: One last question, John... Commissioner Plummer: Excuse me. You don't know when this will be completed... the job will be completed? Mayor Suarez: Do you have any estimates that... and he'll... I'm sure he'll elaborate further. Mr. Renfrow: I'm sure he can substantiate, but as far as the force main, which is the large project... the force main across the bay, depending on what methodology used, you're talking 1995 or 1996. Commissioner Plummer: And is it to the end to be maybe understood that that's how long the moratorium will continue. And I assume the moratorium is going to get more restrictive as you draw from this bank. Mayor Suarez: No, but he's saying that the bank... Mr. Renfrow: No. Mayor Suarez: ...is being added to by fixing and remediating the... Mr. Renfrow: That's correct. Mayor Suarez: ...if that word exists. Mr. Renfrow: This is a continuing process. Those projects in which I'm sure Mr. Rodriguez will go into in greater detail... those projects are happening now, they will be happening in the future. And as that is happening, we will be getting gallonage into that bank. So, it's a continuing thing. Commissioner Plummer: So, what you're looking at, at best, is 195 to 196. 13 March 25, 1993 Mr. Renfrow: Excuse me? Commissioner Plummer: What you're looking at, at best, is 195 to 196. Mr. Renfrow: For a... Yes, for a total solution to the problem. That's correct. Mayor Suarez: Why when you... And this is a jurisdictional problem and if you're not prepared to answer it, that's fine, I will understand that, John. Why, in your understanding, do you get a mandate from State DER and feel that all of a sudden the County's own prerogatives have been somehow preempted or eliminated by the State? I mean, isn't the whole issue of environmental regulation and of sanitary sewers a classic municipal concern? I mean, isn't that what the County and the cities do? Mr. Renfrow: That's correct. However, you know, the State of Florida does have jurisdiction over all its construction as far as sewage treatment plants and sewer... project sewer extensions... Mayor Suarez: By virtue of what doctrine? Is it... Are you talking about legally or... Mr. Renfrow: Yeah, legally. Mayor Suarez: Well, you know, we in the City believe - and we have sometimes fights with you about this - in holding on to our prerogatives to the full extent of the law, including legal challenges from time to time and you've seen a few of those coming from us towards the County. And we certainly hope the County takes the same approach with the State, because the State is very good at telling us, mandating things, but not giving us the resources to remedy them. And frankly, if you have a very good DERM (Department of Environmental Resources Management), which I understand you do and it's fully staffed and you know environmental concerns and you know environmental standards and you know the whole technology that's available and the cost benefit analysis, et cetera, you would think that the County could make those determinations without any State obstruction or preempting. But, anyhow, maybe we could hear from Jorge. Thanks, John. Please stay on top of it. And I hope, as we hear from the Water and Sewer Authority and DERM, that we don't forget that someone in the County must also be concerned. Our former friend here, former staff person, Guillermo 0lmedillo maybe, or somebody must be concerned about development. There must be someone who is thinking, "Gee, what about all these projects that we should get off the ground, both public and private," and that they'd be on your backs as much as we are. Mr. George Rodriguez: Good morning, Mayor Suarez and members of the City Commission. My latest title, as of last week, was interim director so I've been called different things today, the latest is interim. I am filling in for Mr. Garrett Sloan who, as you know, has undergone open heart surgery. He is recovering and he should be coming in part-time starting next week. I have been negotiating, as part of a negotiating team, with the State Department of Environment Regulations, along with some members of the State. We are doing some mediate... trying to enter into a mediated agreement with the State of Florida. At those proceedings, the City of Miami has been represented by your able Mr. Rodriguez, Sergio Rodriguez and with me today I have Jan Strayhorn. 14 March 2.5, 1993 She's a legal counsel for the department. She's here to try to keep me from spilling too many things about this negotiated agreement. We have to be confidential in what we're negotiating through mediation. So, if she jumps up and grabs me by the arm, you know what she's trying to do. Mayor Suarez: Well, you know, we're particularly impressed... Mr. Rodriguez: I will try to behave with her. Mayor Suarez: We're particularly impressed with Shakespeare's quote about first will kill ail the lawyers. The only problem is we've got two of us up here, but... Mr. Rodriguez: OK. So... Mayor Suarez: ...some people wouldn't mind killing the two of us that are... Commissioner Plummer: That's a good start. Mr. Rodriguez: So, please... Mayor Suarez: Some others feel that's a good start. And don't be put off by the Vice Mayor's tie. That's done on purpose to... Mr. Rodriguez: Welcome, the Vice Mayor. Commissioner Plummer had asked some very interesting questions which.., Mayor Suarez: CUANDO? That's what we want to know. Mr. Rodriguez: When and... Mayor Suarez: When is this... Mr. Rodriguez: ...why... Mayor Suarez: And why would it be 195 and 196 with all the technology that is available? Mr. Rodriguez: OK. Mayor Suarez: Presumably, money is not an issue. We've heard that money is not an issue. The funding is there or will be there. Why can't this be done like you would in a war, frankly. I mean, this is a situation that is of great concern. I just have one memo out to my colleagues on the Swire properties problem and a silly little requirement of 30 additional parking spaces, I think it is, over here on Brickell Key, And they're somehow, you know, prohibited from going ahead, even though it's not their requirement, — it's some kind of a zoning requirement. And why would it take three years with technology? I mean, couldn't you speed it up to like three months for example? Mr. Rodriguez: OK. I'd like to address first the big fix, the final fix, the = three year fix and what it entails. It entails designing a whole new interceptor system from the 4th Street pump station at 4th Street and the 15 March 25, 1993 1pk river. You all... Most of you know where that is, I'm sure. We have to design an 84 inch force: main from that point, going all... crossing the Miami River, going down the Little Havana, connecting to 15th Avenue Road and then crossing the bay by either a tunnel or a 120 inch, that's a 10 foot pipe, underneath Biscayne Bay. It is a major project. It is a project that will cost the revenue payers $60,000,000. We are presently doing the permitting on both alternatives - the tunnel and the open cut. If we cannot negotiate a permit from the federal government - and this takes a federal government permit - because they feel it's too much distraction to Biscayne Bay, we will then opt out and go for the tunnel. The tunnel includes locating two shafts, 300 feet deep, one at Virginia Key and one at Coral Way and 2nd Avenue, in front of Wooley's - City of Miami property. We would have to sink two shafts 300 feet deep and then construct a tunnel 300 feet deep, from the mainland Miami from one shaft to the other. Duration time they estimate - three and a half years. All right. We are really pushing the State and the federal government to allow us to do the open cut, because we feel we can save a year, Commissioner Plummer and Commissioners, by doing the conventional open cut method. Doing the conventional open cut method, we will put people to work here in Miami that need to work. We are familiar with that type of a job. We're not familiar with doing tunnels. And we are really pushing hard, as well as the DERM team, to get approval for the conventional method. Commissioner Dawkins: What is the life span of both systems? Mr. Rodriguez: That... The tunnel will be designed for a 75 year lifetime. The pipeline will probably be designed for 100 year lifetime... fifty year lifetime. Commissioner Dawkins: So, for 25 years difference, we're going to argue by making up a year. You said that if... Mr. Rodriguez: Time... Yeah. Commissioner Dawkins: Yeah. Mr. Rodriguez: Yeah. Commissioner Dawkins: See, so it's not to our benefit. Mr. Rodriguez: It is to your benefit because we can save a year and saving a year... Commissioner Dawkins: You can save a year, but you also have to build another one 25 years earlier. Mr. Rodriguez: Well, 50 years, I hope I'm not around to... I hope I'm retired. Commissioner Dawkins: I won't be here either, but my damned grandchildren will have children who will be here. Commissioner Plummer: Well, I will be. I'll be here. But you know, the thing that bothers me is this thing didn't happen over night. 16 March 25, 1993 i�KL' f Vv. L@ Mr. Rodriguez: All right. Commissioner Plummer: You've known about it. Mr. Rodriguez: OK. Commissioner Plummer: You, the Authority. You, the County. You've known about it and you've done nothing. Mr. Rodriguez: We've... Commissioner Plummer: And that's what bothers me. Mr. Rodriguez: We respectfully disagree with you, Commissioner, and I'll tell you why. Commissioner Plummer: Well, you can disagree, sir, but let me remind you that you weren't here back - 1 was... Mr. Rodriguez: I know you're... Commissioner Plummer: ...when this City gave you a $400,000,000 system absolutely free. OK? And you know why we gave it to you? I'll give you a little bit of history. Because the federal government said the only way they would come down with funds is if you established a regional facility and we were in serious trouble because we didn't have the funds to do it. We gave the system to you so you could get the funds. And you did get the funds and yet, knowing at that time... And I don't remember... What year was that? Mr. Rodriguez: Eighty-three. Commissioner Dawkins: Nobody was here but you. Commissioner Plummer: A long time ago. Mr. Rodriguez: Eighty-three. Commissioner Plummer: OK. Eighty-one, whatever it was. Mr. Rodriguez: Yes. Commissioner Plummer: You knew then... You, the Authority, knew then that there was a problem, because that's why we gave you the system - there was a problem. Mr. Rodriguez: OK. Commissioner Plummer: We couldn't cure the problem, but if you got it and did a regional kind of a system, you'd get federal funds, which you got. Mr. Rodriguez: OK. Commissioner Plummer: So, I'm at a loss to understand why suddenly somebody woke up and says, "Oh." Because that "oh" was in 181 and nothing has been 17 March 25, 1993 done about it. We're operating with the same system. They went and they took federal funds and they put in a north line, and they took federal funds and they put in a south line, but to my knowledge, they didn't do a damned thing with the central line and we were the ones who gave in first to make it happen with the federal funds. And yet, we're the ones who are having to suffer. And my friend, let me tell you something, to me that is wrong. Mr. Rodriguez: OK. I would like to first tell you what we have done this past five years to address the system in the City of Miami. The department has involved over $15,000,000 in the revitalization of the major interceptor system that brings the flows from the mainland Miami to the 4th Street pump station. As you know, we are reconstructing a brand new 4th Street pump station and that should be completed later this Summer. We have constructed a diverting pumping station, 33 P1 and Flagler, to divert flows from the City of Miami. That was to the tune of $3,000,000. The County, over the past decade to 15 years - more than a decade - has been aggressively pursuing the acquisition towards regionalization of about 25 municipal and private utilities. And in my professional opinion, they've done... we've done a pretty good job in trying to achieve this regionalization concept which you so well have spoken about. You know about it. Things have changed. The water table has changed, the regulatory permitting has become ever more difficult and we have been expanding the plants to meet the growth of the County. It is not getting any easier, it's getting more difficult to get permits, environmental permits, because of the concerns of the environment. And... Mayor Suarez: What would it take to give higher priority to the central system and lower priority to the outlying ones, given that that fits in with growth management objectives? We... It seems that the central district has somehow become a lower priority instead of the other way around, which is exactly backwards. What would it take? Would it take... Mr. Rodriguez: OK. Mayor Suarez: ...this Commission suing the County or the State? Would it take this Commission asking the County 1n a nice way, which... let's do that first, I suppose. Mr. Rodriguez: OK. I'd like to address your question about what are we presently doing. The big project you already heard about and we are aggressively pursuing. Mayor Suarez: Well, but you also talked about diverting a pump station where some of the stuff is diverted. Is there any possibility that using that kind of technology that some of the flow could be diverted to the other two = treatment plants and the other two pipes so that our particular construction and growth not be impeded? Mr. Rodriguez: The diversion facility at Flagler and 74th Avenue is at capacity because of the high flows that we are seeing. We are experiencing very high water table conditions. Because of the condition of the collection - system, you're seeing a lot of this infiltration. We are presently... I'd like to outline for you what we're doing within the central district. The utility forces of the water... of the department are working on the 9th Street interceptor system, a big pipeline that comes down Biscayne Boulevard 18 March 25, 1993 _ A. _ }G to 9th Street pump station. We have Six or four crews working on that system alone, plugging holes, outlining pipelines that need replacement and we have... Mayor Suarez: Are those the holes that when they're plugged give us additional capacity... Mr. Rodriguez: Yes, sir. Mayor Suarez: ...as John was referring to? Mr. Rodriguez: Yes, Mayor. Mayor Suarez: OK. Mr. Rodriguez: Secondly, we have a big contract, a private contractor, working on televising and plugging pipes along a half a mile band on either side of the Miami River. It is a two and a half million dollar project. We will gain capacity from that. DERM has been considering those capacity expansions. And we wi11 come up with a sundry list of pipelines that will have to be relined with this technology that Commissioner Dawkins alluded to. We are also putting out, and we have received bids, for a two and a half million dollar project within the C-1 basin, which encompasses part of the City of Miami, to do exactly the same thing we're doing along the banks of the Miami River. And we will gain capacity from that. Mayor Suarez: All right. We're... Mr. Rodriguez: I haven't finished. I have a long list. Mayor Suarez: Yeah, I know. But we've got a deployment... police deployment hearing and Commissioner Dawkins suggested a couple of minutes ago that we get to that right quick and that's what most of the neighbors are here for. We're not the world's smartest people up here, but we're also not the world's dumbest people. Now, if you can tell us, John, that... and you second that, that there is a bank being created as you do these repairs, and that we'll be able to credit or debit against those credits in those future projects. And you've answered Commissioner Alonso's question on who gets chosen, basically by saying it will be... hopefully, everybody will ultimately be able to connect up, et cetera. You must also have in mind a quantification of that bank that is being created. Can you give us that in the next few days? - Some idea of how this bank is going to grow and allow all of the projects. We can handle a little bit of quantification here. I mean, the explaining, Jorge, of what the specific projects are, is not as important to us as the cumulative effect of that. How much capacity is it going to add? Are our projects going to be approved? And if so, are they going to be approved as they come on line or as they would like to come on line? That's the main question. Mr. Rodriguez: OK. Let me... Commissioner Alonso: And also, let me add that you have a special obligation to the City of Miami. The City of Miami was the one who gave you $400,000,000 In property. At the time that the agreement was given - and I have brought to this Commission the minutes of the session in which the City of Miami approved 19 March 25, 1993 4 and granted to you the property that belonged to the City of Miami and was given to you in exchange for maintaining the service at all times. In fact, at this time, you are deceiving the citizens of Miami who gave you this enormous amount of property by not providing this service. I think it should have been your first priority to maintain the services for the City of Miami and it should be both moral and legal obligation that you have towards the City of Miami maintaining a priority in the list. It should have been Miami at the top of the list. But we have seen that even though you have known for the last ten years that the problem was coming, you did not address Miami as a priority. I am very concerned with that. I like to hear you telling us in specific terms how it is going to be resolved the situation for our City. We would like to know in very concrete terms how it is going to be done so the City of Miami doesn't have to face this problem for the next three, four years. It's going to be very costly to the taxpayers, because our tax base will be reduced, development in the City of Miami will be stopped and it's going to be costly to the citizens of Miami. Furthermore, we cannot increase taxes. We are at the top. Mr. Rodriguez: OK. Commissioner Alonso: And our citizens are fed up. What do we do to provide the quality of services that they demand and deserve? And you come in front of us and tell us little things that you will be doing. We want something very concrete. Now is it going to be done? And how is Miami going to have a complete solution to this problem that we did not create and that we expected your department... your Water and Sewer Department to resolve for us? Mr. Rodriguez: OK. The... You know, what the solution... long-term solution is, we have to wait for the big project. Meanwhile, for these remaining two years, the only possible thing that we can do, that I know of, and that the industry can do, is the credit, the ionide correction, which is a big problem and we are presently tackling. We can submit to your management staff... to your staff, the list of projects that we are undertaking and. we... these projects will produce capacity, not an overabundance of capacity that we can rebuild the entire City of Miami... Mayor Suarez: No. Mr. Rodriguez: ...but there will be capacities. Mayor Suarez: We don't anticipate that, although we'd like... Mr. Rodriguez: OK. Well, I'm... Commissioner Alonso: But the situation it is, Mr. Mayor, why did they look Into other areas and they were able to meet with builders, developers and they arranged with them and gave them the opportunity to construct in other areas of the County, but they forgot about the central area and the City of Miami. It bothers me to see that that was done. Developers knew before the City of Miami knew. Mr. Rodriguez: OK. Mayor Suarez: Yeah. That question... 20 March 25, 1993 1 Commissioner Alonso: How in the world? Why? Mayor Suarez: ...remains unanswered and frankly... Mr. Rodriguez: OK. let me... I'd like to address... Mayor Suarez: Really, you might want to convey, please... and both of you, and I don't know how the lines of authority work really well to the County Manager that we'd love to hear from him directly on that. I mean, now that we've said that up here a lot, we feel that we just weren't taken into consideration and that now we've got the major portion of the problem and the outlying areas seemed to have been considered quite closely, you know... Mr. Rodriguez: Mayor Suarez, with all due respect, I don't think that Dade County has discriminated against the City of Miami. Whatever amount of infiltration work the County as original utility... the work that has been done in infiltration has... we have probably exceed... and you can ask... well, maybe that's not enough and, you know, I wasn't around so... Mayor Suarez: Well, the practical effect, George, is that the County has discriminated. The practical effect is that right now the citizens look and see two other treatment plants and the pipes that go with them functioning perfectly without any virtual moratorium - you can call it a moratorium - or a de facto moratorium. And the City, the central district, has this problem. So... Commissioner Plummer: Yeah, but more important... Mr. Mayor,.. Mayor Suarez: But I don't think it was intentional. I don't think it was like a slight on the City, but that concern and that perception, which I think is a reality and you think it's a perception - it may be erroneous - should be conveyed to the County Manager. Mr. Rodriguez: OK. Mayor Suarez: So, if you would do that for us, it's no disrespect to any of you. I happen to respect greatly both of you as professionals and friends. Just convey that to the County Manager. We would love to have had him here so we could beat up on him and not you. Mr. Rodriguez: OK. Mayor Suarez: Because that's where the responsibility lies. Mr. Rodriguez: OK. Commissioner Plummer: See, the north and the south would never have been, if it hadn't been for the great benefactor, the City of Miami. They would have never got the federal money to build the north line and the south line if we, the taxpayers of this City, who paid for a $400,000,000 facility didn't give it to you free of charge. You couldn't have done the other. And yet, my people, who put up $400,000,000 are the first ones to suffer. That's discrimination, however you want to call it. Now, I still have two further questions, sir. So, one of them I asked, what about the property? 21 March 25, 1993 Mr. Rodriguez: Yes, very... Commissioner Plummer: Are you anticipating using any City property? Mr. Rodriguez: Yes, sir. We do and... Mayor Suarez: And after we finish this inquiry by Commissioner Plummer, we really should move on to deployment. Commissioner Plummer: Well, and I also want to know... according to the Mayor, by the moratorium, sir, you are costing the City of Miami money, approximately $200,000,000 a year in new construction money, which equates itself to $2,000,000 of tax money that this City needs to operate on. Is the County going to reimburse this City, since they made the mistake, of $2,000,000 that we're going to be in deficit because of the moratorium? I mean, we've got policemen to pay and firemen to pay. We've got financial problems. It's the first year since I've sat on this Commission where our budget went down and yet, now it's going to go down even further by this moratorium. Now, is the County going to give us relief in the $2,000,000 that we will be lacking this year? And I would like to know, when you talk about starting to use City property, and you haven't consulted us, I think you'd better. Because if not, we're going to have some real problems. So, I hope you'll address those. Mr. Rodriguez: OK. I can address your first one. I'm not sure I can address the second one. We'll have to discuss that with the County Manager. The first one - the surveying that you have been seeing done along the landfill property, the Rickenbacker and the access road to... behind the plant, we're surveying that route to put 1n this big ten foot pipeline that we need to resolve the problem. We have an easement agreement that will be submitted to your City Manager, Mr. Odio, next week and that we're very hopeful that we can secure an easement as quickly as possible, so that we can get the pipeline going. You're part of the solution when it comes to that easement. It is an easement that... we need a 30... fifty foot easement along the west side of the landfill to put in this big pipeline that is going to be part... the solution to the problem. Commissioner Plummer: What do we get in return? Mr. Rodriguez: We will have to negotiate with the City and I'm sure that we will. And that's all I can say at this time. Commissioner Plummer: And you have, in fact, checked to see if there are other routes? Mr. Rodriguez: Yes, sir. We have. Commissioner Plummer: I mean, if you're coming off of 15th Road, it seems logical... Mr. Rodriguez: Well, if you want to put it through the access easement to Virginia Key road, that's in excess of a mile, that's $12,000,000 more. 22 March 25, 1993 W Commissioner Plummer: No, sir. And with that kind of an attitude, we might have a major problem, The point I'm trying to make, if you're coming from 15th Road to the sewer plant, going to the access road is going out of your way. If you're coming underneath the bay, you can surely go more of a straight tine from 15th Road right to the facility... Mr. Rodriguez: Oh, OK. Commissioner Plummer: ..then going along that road, and that's an additional 12 miles... twelve million dollars I think you can save. And I'm asking the question why you're not going the other route. Mr. Rodriguez: Commissioner Plummer, we intend to put... cross the bay at 15th Road. It has not been determined yet, the regulators have not given us permit. But what we're going to be asking the regulators to give us a permit for is to leave the mainland at 15th Road, cross the bay in the direction of the marina, make a landing in the north side of the Rickenbacker at the marina, and then follow the north side of the Rickenbacker and before we get to the Virginia Key access road, there is an easement that we presently have from the City of Miami which is not big enough. We need an additional increment to that easement. And that puts us... That is the shortest route that we can use, but we have to put it... encroach on a part of the landfill. Mayor Suarez: OK. There are some issues that I think, frankly, have to do with our dissatisfaction and cannot be resolved by you, as technically proficient as you both are. And frankly, we'd like to hear from your County Manager and you might convey that to him. When a Commissioner talks about a $2,000,000 loss to us from new construction that we may have to forego, he is hinting that if we were in a situation of litigation, that would be what we would be seeking, at least. So, you might want to say that to them and, you know, like all litigating parties, we don't want to sound like we don't like you. I mean, again, we respect you greatly, but that is our posture. Our posture is that we may end up losing that plus the compounding of the problem, when people get the feeling that somehow the City of Miami is not the ideal place to build and to get your permits approved and things get delayed, the Swire Properties type people of the world - you know, one of the biggest developers in the entire world, out of Hong Kong - then you are in trouble as a City. And those kinds of intangible damages cannot be quantified. So, please convey that to the Manager. If you want to do it in writing, do so. Because if you don't do it, George, I'm going to do it on behalf of this Commission. Mr. Rodriguez: No, I... Mayor Suarez: We really do, once again, submit that we would like to hear from the County Manager, we would like him to be here, we would like him to = take the heat for what we think was something that was not appropriate and not timely and a solution to this problem. And one thing on the positive side, whatever you need, in terms of funding, in terms of technologies that need to be approved, in terms of possible variations as Commissioner Plummer is — suggesting, we have some ideas, we have some resources, we have some clout in Tallahassee and in Washington. We want this solved a lot quicker than, you know, 1995 and 196, if it can be done. And, like anything else in life, it can always be quicker and it can always be... And if you need an emergency 23 March 25, 1993 hearing from the County Commission and they're not giving it to you, we're all involved in electing new County Commissioners. There is going to be 13 of - them. And maybe a lot of them will feel as strongly as we do about the inner City and, you know, the priorities that the County Commission should have been reflecting all along. Mr. Rodriguez: OK, sir. Commissioner Plummer: Let me just draw to your attention and then I'll be quiet. You'd better be careful, if you plan on carrying that line across that old landfill. Environmentalist... you can't do it, sir. When we tried to build over there, we were completely thrown out of base. So, you'd better be aware, if you're trying to cross that, you're not going to be able to. Mr. Rodriguez: Thank you, Commissioner Plummer. We have a consultant retained to handle those permits for us and... Commissioner Plummer: So did we, sir and we still got shot down. Mr. Rodriguez: Thank you. Mayor Suarez: Thank you both. Commissioner Dawkins: OK. Mr. Mayor, I'd like for the Manager - I'm talking to the Manager - that when he's negotiating remember that every time you give away something, we don't get anything in return and that the citizens of the City of Miami are paying double now for the garbage. We pay City tax, County tax and you also pay a dumping fee. So, you need to think of these things when you start negotiating and giving away my land. There has to be some consideration somewhere. Thank you. Go ahead, Mr... 6. STATUS REPORT CONCERNING MODEL CITY CRIME PREVENTION SUDCOUNCIL AND TASK FORCE AS IT RELATES TO CONDITIONS AT THE NORTH DISTRICT POLICE SUBSTATION. Mayor Suarez: Mr. Manager, on the issue of police deployment... Commissioner Dawkins: We've got to hear from Mr. Johnakin first. Mr. Cesar Odio (City Manager): Sir, you asked... - Commissioner Dawkins: We've got to hear from Mr. Johnakin first. Mr. Odio: Johnakin. Mayor Suarez: That's the item. Please. Mr. Thelbert Johnakin: My name is Thelbert Johnakin. I'm the chairman of Model City Crime Prevention, the City of Miami Police Department. My address - is 1345 NW 51 Street. Mr. Mayor, board of Commissioners and staff, good 24 March 25, 1993 morning. Just before I opened here this morning, what I... something I will appreciate if I can say it just for a second or two. First of all, I would like to say to this board and to other staff that what Johnakin is bringing before you here this morning, nobody dictates what Johnakin says. Johnakin sets his own agenda and Johnakin speaks his own words. Model City is an area that I know, that I've been there since 1963. I know the alleyways, the street ways, the byways, the good spots and the hot spots. So, I just want this to be well known that what I say here this morning, we have one of the finest chiefs in Dade County, I can say that. That's the way I feel about him. We have one of the finest chiefs. And we have some of the finest police officers here in Dade County. I can say that because I'm out there in the field with them. I work out there with them. I'm not one that comes up there and complains and don't do the work. I work. I'm a retired person. I put in eight and 12 hours a day and each of you Commissioner knows my problem. I knew I could fall dead at any time, but I'm going to fall dead out here in this community. That's fine. Let me fail dead in the community, working for the community. And I just want everyone to know what I say here this morning. The chief did not build this station that we're in. He did not build this station. This station was built before the chief took the station over. Yes, I'm wondering why I'm here this morning because we are supposed to be about doing the right thing. I think we have a program about doing the right thing. So, this morning we want to do the right thing. But I just want each of you to know what I say and the question that you ask me, I'm going to answer them with nothing but the truth. That's what I'm here for. And I'm here reference to if anyone wants to start off questioning me about the station and complaints that I've brought here before, I'm ready to start answering your questions now. Commissioner Plummer: Do you remember... Well, first of all, you can't bring the station up to compliance, because the Administration says that they're not going to. Just exactly what... you heard me correctly. This City Commission put out a referendum to the people of this community. You remember it. Mr. Johnakin: Yes. Commissioner Plummer: It was a $10,000,000 bond issue, $5,000,000 for MLK (Martin Luther King) Station and $5,000,000 for Flagler Street, with a promise that in no way, shape or form would this Commission allow it to exceed $5,000,000 per station. Miller Dawkins and I fought like all get out to try to continue to bring down the cost of those stations, because they were in excess of the $5,000,000. They had beautiful gymnasiums built into them. I mean, they were monuments to someone, but the problem is we promised the public that they would be full -service police substations. It has not happened. The Administration is now telling me and this Commission they cannot afford to do it. As you might recall, that I was the one who went to the North Station and found the whole second floor empty. They built the station with mortar and brick where they couldn't afford to buy tables and chairs. But you see, that's why you can't keep... And the people think that we, the elected officials, are losing credibility with the taxpayers. We didn't lose credibility, not at all. We went there and found the whole second floor... the only thing that was being used on the second floor on 62nd Street was the captain's office. That was it. The rest was locked up, wasn't even being used. Either one of them far cry to be a full service center that 25 March 25, 1993 f we absolutely promised you're going to change the money and we've unfortunate. i the public in a referendum. And I don't know how that, because the Administration says they don't have lost that credibility with the public and It's Mr. Cesar Odio (City Manager): Well, the second floor is not empty anymore. So, I don't when was the last time . . Commissioner Plummer: Mr. Manager, you're absolutely correct. When I started raising holy hell is when something started to happen. Mr. Odio: So, why do you say it's empty? Commissioner Plummer: But until that time... No, sir. You are not providing a full service station. Mr. Odio: Yes, we are. Commissioner Plummer: No, you're not, sir. Mr. Odio: We decentralized detective, we're now to decentralize... You... Commissioner Plummer: The place leaks. The place leaks with the water of the rain. Mr. Odio: Well, if you want to deal with the services... Commissioner Plummer: You've got to deal with the whole picture, Mr. Manager. Mr. Odio: ...the services first, we're going to full service. Commissioner Plummer: How long have I been sending you memos... Mr. Odio: You won't let me answer the question. That's the problem... one of the problems here. Commissioner Plummer: Go ahead, sir. Mr. Odio: OK. Commissioner Plummer: No, go ahead. I'll wait for you. _ Mr. Odio: We are now full service. We are getting even more so then we have ever been. We are now at full service. We can do better. We're not still satisfied with that. The building problems, we have a... When you walk into the main door, you have that noise from the air conditioning system that was poorly designed. The building was poorly designed. We're working now with an engineer to correct that problem so we can balance it. The parking problem is a problem that we didn't have enough money to obtain more land because of the _= $5,000,000 limitation. We now know that with $160,000 we can add parking to the building. The security system is now being improved by the Police Department and is not yet quite completed. We have installed more telephones lines. We have now the radios that they're required. The cellular phones were given out when Commissioner Dawkins requested. And we are now resealing 26 March 25, 1993 = the whole building, as far as the paint is concerned, and painting the — - building over. And there is still one leak and they're working on that one _- now, too. Commissioner Plummer: Mr. Manager, are you finished? Mr. Odio: Yeah. Commissioner Plummer: How long have I been sending you memos regarding all of this? Mr. Odio: For a long time, but you... Commissioner Plummer: That's right. - Mr. Odio: You have to realize that that building was turned over to us and we complained from day one that it was not well designed or completed as it = should have been. And we had to go through the route of complaining. Then we had another problem... Well, we have had problems in getting the building fixed. Commissioner Plummer: Mr. Manager, this is a whole file on the North substation, primarily memos which I have sent to you and nothing, absolutely nothing, was done about it. Mr. Odio: That's not right. I just told you what we have done. Now, you might not agree, but that's your prerogative, Commissioner. Commissioner Plummer: You know, Mr. Manager... Mr. Odio: We have done it. Commissioner Plummer: ...somewhere along the line around here, the answer is not throw more money at it, it will get better. Mr. Manager, you knew and we knew that you needed parking. And yet, they put in gymnasiums, they put in all kinds of super deluxe things that they wanted in that police station and cut out the parking. I squawked, I raised hell. Miller Dawkins did the same thing and nothing happened. Do you remember? I remember. OK? Take it from there. Mr. Johnakin: If I may, I must say now that instead of being understaffed, we are over... I wouldn't say overstaffed, but as far as we have the NET (Neighborhood Enhancement Team) program in there and we have another group - I - cant think of the name of them that comes in and... At this particular - =4 time, each room is being used. But it's just that I wanted you all to know that when I call on certain people for jobs, like Mr. Runfrey just stepped up there, like Mr. Ron Williams. When I call on him, he's there. I call on Mrs. Macbeth, she's there. I call on the chief, if he's not there, he returns my " call back. But, like I said, the chief did not build this station and I hope that... I hope that I don't lose my job after this. But anyway, I would say that there are... there is a great need and I had an assistant city manager come out with me a couple of days ago, Mr. Frank May. And within two days - — two days - this person has done more for Model City Substation than I have for the whole year that I have been complaining. - 27 March 25, 1993 x -- Mayor Suarez: Who are we talking about? Who are we talking about, Mr. s Johnakin? Mr. Johnakin: We are talking about, as far as radio... Mayor Suarez: You said that this person... Who is this person that you're talking about? _ Mr. Johnakin: Mr. Frank May, the Assistant City Manager. -� Mayor Suarez: All right. Very good. Put that on the record. Mr. Johnakin: The Assistant City Manager. = Mayor Suarez: All right. Commissioner Plummer: Don't you think that they knew you were coming back here? Mr. Johnakin: Well, I'm... =— Commissioner Plummer: Come on. Call it like it is.inn Mr. Johnakin: Yes. I... Yes... _— Mr. Odio: Yeah. Commissioner Plummer: Call it like it ist = Mr. Johnakin: Yes. — Mr. Odio: No, no. Wait. Commissioner Plummer: They knew you were coming back here. Mr. Johnakin: Yeah. Mr. Odio: Wait a minute. Because... } Commissioner Plummer: Don't think they're going to let you stand there and scream and holler and say things are not right. —'' Mr. Odio: No, I didn't want to hear you scream anymore. So, I sent Frank May = 4j- out there and said I want to know what the hell is going on. 4t Mayor Suarez: All right. - Mr. Odio: So... Yes. �j Mayor Suarez: fiery good. All we just wanted to do was who you're talking about. Commissioner Plummer: Too bad we didn't have a Frank... - -7y 28 March 25, 1993 -10 Mayor Suarez: All right. What else do you need to tell us? Commissioner Plummer: Too bad we didn't have a Frank May a year ago when I started sending memos. We could have saved an awful lot of paper around here. There is all of it, right there. Mr. Johnakin: Another thing, Mr. Commissioner Plummer, we have . He's out there day after day trying to fix something that cannot be fixed. Now, that's my feeling. Commissioner Plummer: What is that? Mr. Johnakin: I don't think it's fixable. Commissioner Plummer: What is it? Mr. Johnakin: That's... I'm talking about the gates, the air conditioning put dummies up there that make you pretend that you can make an adjustment on the air conditioner, when we have our people in there with heaters, when we have our... I've seen my captain leave from there with the flu, what she might say frostbitten or whatsoever. I walked up there myself and stepped in water shooting through the rugs. See, I'm caught in something here. I'm the chairperson of Model City Crime Prevention, the City of Miami Police Department. When I became the chairperson, not only for the community, it was for the Police Department, too. I hear the complaints from the police. I hear the complaints from the community. My chairman just brought me in a while ago. This actually is going to be over 10,000 people right here. This -- here is every holiness church in the Model City area that wants to become a — part of this crime prevention... Model City Crime Prevention, City of Miami L Police Department, because they're fed up with the crime. They are waiting _ — for us to come and organize them. These are the schools in the area here... Mayor Suarez: What do you need from us to organize them as you're suggesting? - I'm missing the whole thrust of your testimony. I hear of supposed — retaliation against you. I see an exchange with one of my Commissioners, a... I don't know, Mr. Johnakin. What are you trying to tell us? Keep organizing those people. That's magnificent. Mr. Johnakin: What I'm trying... Z Mayor Suarez: What do you need from us to carry that out, sir? r Mr. Johnakin: What I'm trying to say, Mr. Manager... =1' Mayor Suarez: Get concrete. Get concrete. Mr. Johnakin: I mean, Mr. Mayor. Mayor Suarez: We need to know specifically what you want. Mr. Johnakin: What I'm trying to say, basically what we need is just what - -= I've been asking for. We... My understanding, we do have the telephones now, _ we do have the radios. -_ =q 771 t 29 March 25, 1993 = rl Mayor Suarez: Very good. r Mr. Johnakin: We don't have... That gates are not working, because... They are not working. They need to have someone to come in there, do some changes in there. The air conditioning is not right, they need some changes there. But what I'm saying, when I hear people coming here... a lot of people coming here and they say, "Well, we don't have parking." We don't have parking. We only have four spots in the front for parking for citizens and two for handicapped. We don't have the parking. If I'm organizing this, this is what I'm basically saying about this... Mayor Suarez: That particular issue is interesting - the parking. The air conditioning and the gates, I presume you can solve right quick. The parking for visitors, residents, et cetera, complainants - that thing wasn't designed particularly well, was it? I mean, it's minimal parking. All right. We kind of blew it there. Are there any modifications that can be made to the site? Mr. Odio: And we have the same problem in Little Havana. Commissioner Dawkins: I'll get to that when Mr. Johnakin finishes. Mayor Suarez: OK. Mr. Johnakin: Well... Mayor Suarez: Anything else you need to tell us? Mr. Johnakin: Yes. Where... Mayor Suarez: We've got a lot of neighbors who want to talk about deployment. Mr. Johnakin: What we have for just the time being, this here is not something that's going to be a permanent. This is just for the time being. Reverend Ackerson, that's right on the next corner. He has agreed to open his parking lot... Mayor Suarez: Very good. Mr. Johnakin: ...up to the Police Department, until we can do something with the lot across the street with him. And as far as the parking, we have to move on that piece of property - that's the last of it. And after that, the only possible thing we can do after that, either you're going to block 11th Avenue there, or you going to build a second story, which is going to be a lot more than $160,000. Mayor Suarez: All right. Mr. Johnakin: And, Mr. Manager... I mean, Mr. Mayor, you know for yourself -_ that you have come out there and you have worked with Johnakin for a whole -' day. And you know what we're about. And I'm just like this Commission here. I have to... and a lot of people call on me. I don't want these calls. A -- lot of the calls, I don't want the calls on me. I'm just like you all. I have to listen. I listen and I take action and that is all the community is asking you all to do. 30 March 25, 1993 = Mayor Suarez: All right. Thank you, Mr. ,lohnakin. -------------------------------------------------------- ---------------------- 7. (A) DISCUSSION CONCERNING POLICE DEPLOYMENT AND PROPOSED CRIME - FIGHTING PLAN. (See label 10) (B) COMMISSIONER DAWKINS SUMMARIZES THE ESSENCE OF PRIOR DISCUSSION CONCERNING DEBT SERVICE, THE SPORTS FRANCHISE TAX, THE HOCKEY -- FRANCHISE, AND THE NEED TO GET A PERMANENT FRANCHISE FOR THE MIAMI SPORTS ARENA. (See label 4) ------------------------------------------------------------------------------ Mayor Suarez: OK. On the main... Commissioner Dawkins: Police deployment. Mayor Suarez: ...main item on police deployment. What I would ask the Commissioners, if you would, is... I think I understand from the department that with about a ten to 15 minute presentation they can get the gist of their overview and then we follow with questioning. And as we do that, if we would please do it one Commissioner in turn, and yielding as the other ones want to break in. That would allow this procedure to be reasonably orderly and get, hopefully, the best testimony. That's not... That doesn't mean, Chief, it's going to be less than hard hitting. Obviously, we are very concerned about the issue of crime in our City. So, if I could ask you to please hold your inquiry for about a ten to 15 minute presentation. Is that going to be all by yourself, Chief? Or are you going to have others in the initial presentation? Chief Calvin Ross: Just myself with an overview. Mayor Suarez: All right, sir. And ladies and gentlemen, this is the result of many, many Commission meetings, many inquiries, many expressions of concern that we don't have enough patrolmen and we have too many people behind desks and we would like to have more civilianization of the department, et cetera. So, please let's listen and then we will inquire and I believe that we're going to get a lot of useful ideas out there and some answers, I'm sure, Chief, to our questions. Commissioner Dawkins: Mr. Mayor? Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: Before the Chief begins, I want clear. I do not intend to ask any questions at all of to direct all of my questions to the Manager and I answer them. Mayor Suarez: Very good. to make it perfectly the Chief. I'm going expect the Manager to 31 March 25, 1993 Ask Commissioner Dawkins: I am not _going to be caught in the Miami Herald as one of the Commissioners who was caught saying that I violated the Charter by giving orders to the Chief of Police, which I cannot do. But the Charter does give me the directive to give directions to the Manager... Commissioner Plummer: Except policy. Commissioner Dawkins: ...except policy. So, therefore, I will ask the Manager and if the Manager wants the Chief to tell him and he tells me, that's the way I'd like for my answer to be... Mayor Suarez: All right, sir. Commissioner Dawkins: And that's no disrespect to the Chief. It's that the Charter does not permit me to do what I want to do to the Chief. Chief Ross; After I'm done with this opening statement, myself as well as my �_ staff are here available to answer any questions you might have. Let me just start out by saying that in 1991, 1992 and now in 1993, the staff of the Police Department has appeared here before the Commission, in order to give you some innovative strategy plans that we have implemented and put together, in order to do something about the problems that have existed here in this City. I am very proud this morning to say that we have made significant progress. Made progress inasmuch as we have redeployed and shifted our a — resources to two major areas. One of those areas has to do with part one crimes - these are violent crimes, categorised as murder, rape, robbery, - burglary, larceny and auto theft - part one, most violent crimes. On the j other side, we have shifted resources and redeployed to address those lesser — crimes by using a problem oriented policing concept. This is a concept whereby both the police and the community come together and identify problems, -_ make plans to deal with those problems and then actually go out and attack - -; those problems, using whatever available resources they may have. On the one - end attacking the violent crimes and at the other end, the lesser crimes using those particular strategies. And we have tried to get further and further away from the concept of having the tail wag the dog, as we have seen so M prevalent throughout law enforcement. We've tried to get away from just chasing minor problems and gotten to stopping violent criminals and to using the community to solve its own problems. This particular redeployment was -� absolutely necessary, inasmuch as this Police Department certainty has less personnel than it did in years past. So, it was much more important was to - better utilize and more efficiently utilize the personnel resources that we have. Now, let me just give you some good news to indicate where we are and where we have come from. In 1991, those part one crimes, those violent —_? crimes, were down by one percent. We assessed the strategies that we employed -=! in 1991 and we sought to enhance those strategies and in 1992, we have found { that those violent crimes for the City of Miami went down an additional three F. point five percent over 1991. Now, this may seem small, but when you compare = it to a particular year in the early 180s, we saw that in one year's time, violent crime shot up 41 percent. Now, I know that there are a lot of other contributing factors to that, but at the same time, it's a very ominous picture when you see violent crime going up 41 percent, versus 1992 where it - went down three point five percent. In 1985 - to give you another picture - - in 1985, this Police Department was at the same staffing levels as we were_ entering or exiting 1.992. So, '85 and 192 we see pretty much the same -� 32 March 25, 1993 i_ { staffing level. And in 185, there were fewer requests for police service._ However, part one crime 1n 1985 shot up 12.5 percent versus 1992 where it went down three point five percent. So, what I'm saying to you is that in 1991 and 1992 we did something right. We were on the right track for those two years. Being on the right track, I think we need to consider that in March, 1990 this Police Department was staffed with 1,108 officers. In March, 1993 we were staffed with 1,008 officers - 100 officers different. There are 28 officers out in the Police Academy right now, but there are one hundred and... one thousand and eight officers, 100 officers different than we had two years ago. _ So, what I'm saying is that there is a need for us to redeploy and utilize some different strategies because the amount of personnel that we had to actually deal with the problem is not there now. We understand that. But when we look at what 1s happening and what we've been able to accomplish in 1991 and 1992, is it staggering. It is really unheard of in the law enforcement arena to be able to accomplish so much with so much less. But this Police Department has been able to do that. In addition to that, in 1991 to date, we have been able to return 39 officers that were occupying internal positions - 39 officers back to the street, with an additional 27 officers y identified to be returned to the street under the civil ianization concept. Now, each year we implemented some type of offensive and this year is no �:- different. In 1993, we have also put together a major crime -fighting offensive to continue those efforts and to continue to impact on violent =- crimes and also at the other end, the lesser crimes, by using a redeployment =_ strategy. In order to do that, let me give you the strategy that we are looking to employ this year. Our plan couples our... the previously mentioned strategies that I noted - one, attacking violent crimes and two, attacking the lesser crimes by using a problem oriented policing concept. The .tea offensive will utilize on -duty and off -duty officers. It will utilize our NET teams (Neighborhood Enhancement Teams). It utilizes the community. It utilizes other City departments. The deployment of uniformed police officers, both on -duty and off -duty to identify crime locations that have given us the greatest amount of trouble, that we have classified as the hottest spots for crimes or hot -spots, if you will. The deployment of civilian personnel 1n a planning session with police officers in identifying those locations have brought together the community with our sworn personnel in uniform to actually 4 be a part of that concept and see the plans that they put together employed. On the other side of that, we are also attacking the most violent criminals in - another way by using undercover officers. These undercover officers are using �- a very comprehensive technique of attacking the problem. They are using computer analyses, they are using resource information from both State and —= federal officials and they're going out in an undercover capacity seven days a week and targeting these violent criminals, particularly the career criminals that we have found out that are committing most of our violent crime. Together, these two strategies... And I must say that this is a strategy that we have not seen used in times past to this magnitude in this City and it gives me great pleasure to know that we're implementing this on the heels of having seen such a decrease already. But together, this strategy - the two parts of this strategy - would cover both serious crimes and the lesser crimes. The unfortunate part of this is that when we shift from running to call to call and trying to answer every call as timely as possible, we are having to shift some of our resources to fight the violent crimes. Now, what happens is a lot of calls for service may not get answered timely because we don't have as many personnel as we once had, but we must use these personnel more efficiently. So, yes, we will hear of complaints of not getting a police 33 March 25, 1993 officer to respond to a prostitute who is standing on the corner. Or .you may hear of a call that you didn't get a police officer when someone stole the tires off my car in the driveway. These types of calls are being dealt with by our problem oriented policing team, which can, hopefully, in the future cause these problems to be dealt with in a different arena. One thing that I must say to you and I'll close out here, I must say that because we have less personnel than we have had before, and because we are trying to efficiently utilize every individual - both sworn and civilian - it becomes very important that we couple this strategy with as much innovative equipment that we can, in order to get the job done. I would ask the Commission that when we have those types of needs that can be funded either from the Police Department's budget or the Law Enforcement Trust Fund, that you support us and the community in getting those issues through and passed, such as our mobile digital terminals, these are the computers that are in the police cars that give police officers immediate and adequate information; the training concepts that we're trying to put our police officers through, in order that they will be able to better coordinate with the community and make this problem oriented concept of policing work. With that, I'll stop and give you a chance to ask any questions of myself and my staff. Mayor Suarez: Very good. If any Commissioner wants to inquire of the Chief and if... Vice Mayor De Yurre: Yes, Mr. Mayor. Mayor Suarez: ...not of the Administration. Yes, Mr. Vice Mayor. Vice Mayor De Yurre: Chief, about our last Commission meeting on the 11th. I alluded to the point that the most impacting thing that I had seen since I'd been on this City Commission was the fact of the program that we had last year, where we had overtime police officers working countless hours... Commissioner Plummer: Throw more money. Vice Mayor De Yurre: ...to make a dent into the crime scene that we have in the City of Miami. And I asked what the cost would be to maintain this program on a year-round basis, seeing that it was something that was quite effective, based on the numbers that we received during that period of time. You responded to my question with a memo, which I believe everyone on this Commission has a copy of. Are you saying that this program which you're proposing here tcday would cost us an additional $2,000,000 on a year-round basis to implement? And if that's the case, this implementation of this program, is the $2,000,000 going towards strictly overtime police officers who are going to be involved in this process? Chief Ross: The process itself utilizes both on -duty and off -duty officers. The price tag on this program, we have totalled out from this point until the end of the fiscal year... Vice Mayor De Yurre: Yes. Chief Ross: ...to be right at around $800,000. 34 March 25, 1993 r Vice Mayor De Yurre: On an annual basis, are we talking about around $2,000,000? Is that what we're looking at? Because now, what? You would start immediately and now you would talk about April, May, June, July, August, September, October. That's seven months. So, it would be what? Maybe a million and a half dollars a year to keep it year-round? Chief Ross: It could very well be. And that depends on how we are going to deploy. We would like to know that as opposed to being very rigid, we'd like to be flexible and be able to adjust. So, it may be more or less, depending on the trends and what 1s happening with our deployment. Vice Mayor De Yurre: OK. But this money that you're asking for right now, which is approximately $800,000, is that 800 to cover overtime? Or does that include regular pay for police officers who are going to be involved in this detail? Chief Ross: That is strictly overtime and equipment and some other fees associated with our undercover operation. Vice Mayor De Yurre: OK. Because I'm of an opinion that we need to be creative. You know, if you're talking about responding to calls, you're just being defensive. You're just reacting to a situation. I feel that, you know, this is a kind of program that if it costs additional monies in overtime, and certainly the bulk of this money has been identified to come from other sources other than the general fund, I believe also the Administration has identified where the $200,000 that are being proposed here, where it's going to come from in the general fund. I could see no better purpose of using our taxpayers money than to attack the number one cause and concern of our community. So, you know, I'm all in favor of this process that you're doing and I just want to let the Administration know and you know that whatever needs to be done, you know, I feel that this Commission will be there for you. Like J.L. says time and time again, you know, crime - people are screaming and hollering to do something about crime - and it seems like from what I gather and what we've spoken about over the last couple of weeks that this 1s the right way to attack it, Mr. Cesar Odio (City Manager): We need to pass a resolution committing Law Enforcement Trust Fund in the amount of $300,000 to overtime. I believe... Vice Mayor De Yurre: Well, I have a copy of that here, but I'll read it later on, I guess, after everyone here in the Commission has done their questioning. Mr. Odio: Now, let me say something that the... and the Chief touched upon this and I think it's very important. Before this offensive was planned, we met with the NET administrators, with the NRO (Neighborhood Resource Officer) Officers and they in turn met with the communities that that represent. And all what we call hot -spots of the City were identified and therefore targeted in this major offensive. So, it is to my pleasure because NET started a year ago, and when we first launched the offensive, the impact that you referred to which was very successful was not tied then to the community. This one is tied to the... identified... We had a blackboard and every corner, every house, everything that was identified. 35 March 25, 1993 Vice Mayor De Yurre: You know, one thing that we keep talking about is that the police does their job which is to arrest individuals. And then we get_ into the issue of keeping them in jail and the judicial system to take place. And we always get back the same... basically the same response that there isn't enough room in the jails to keep these people locked up. Now, they know that they go in for a while, they may get lunch out of it and they're out there 1n the street again. What can we as a municipality, we as the City of Miami - I guess I address this also to the City Attorney - what powers do we have to build our own jail to put these individuals there on a more protracted and a more extended basis to keep them from going back on the streets? Mr. Odio: As part of the... I don't know if we have that yet. We are doing a study on what it would cost to... If the excuse is... and I did it on purpose. I followed one person from the hot -spot on Biscayne Boulevard, where we're having problems with the people panhandling or whatever. The guy is picked up and he's taken in and it takes him one and a half hours to walk back, because he's never put in jail. He just signed the eight form, they call it, and he walked... it takes him an hour to walk back and then he's right back in the same spot. We discovered through all this process that has been very instructive for me, anyway, that it cost $1,400 to arrest that individual. Fourteen hundred dollars. Every time we pick somebody up and take them over there and back it's fourteen hundred dollars. So... Vice Mayor De Yurre: But you're not saying that we save $1,400 by not doing it. I mean, you still have to pay the money. Mr. Odio: No, we have to keep doing that. Vice Mayor De Yurre: So... Mr. Odio: But you might arrest him 10 times over. Now, the answer might be - and we're looking at it - what is the cost of having a place to put him. OK. Vice Mayor De Yurre: Well, I think not only the place to put him, but a place to keep him in there. I mean, like we have to change the system a little bit. The rules of the game have to change because right now we are at a disadvantage the way we're playing this game. And if we have the ability, Mr. City Attorney, to build our own municipal jails wherein we can keep these people and if we're talking that 90 percent of the crime is done by ten -a� percent of the criminals, if we can somehow start rounding up this element... And through this program I'm sure that we'll be identifying a lot more and - taking in a lot more. What can we do to extend our plan, take it to the next level, which is keeping... once they've been arrested, keeping them out of the mainstream of society? What can we do, as a municipality, to deal with this issue? ,t Chief Ross: Well, I think there is a bill right now, Commissioner, that the governor is supporting, that is in the House. I believe it's House bill 1633, - I believe it is. But 1t pretty much talks about the violent offenders and getting some extended jail time for those individuals. I think that that - would be a worthy bill to support and I think coming from this Commission it would send a very strong message. Let me just say something else along those lines that I think we oftentimes overlook. When we look at the transient type -_ of offender that is arrested, not necessarily in this municipality but other 36 March 25, 1993 municipalities and other points in the County, those individuals are brought and housed in the Dade County Jail. And if they're transient offenders, with no particular homestead, once they get out of jail, they're right on the streets of the City of Miami. So, on many occasions we're dealing with a tot of problems that are brought to our City from other municipalities. Vice Mayor De Yurre: Now, again going back to the issue. Would we be in a position - I guess it would probably take a bond issue to the voters - to fund the construction of a jail? Can we legally create that type of situation within our City, Mr. Jones? A. Quinn Jones III, Esq. (City Attorney): Well, as you know, the City previously had its own jail... Commissioner Dawkins: We still have it. Mr. Jones: ...which was turned over to the County. Commissioner Dawkins: We still have our own jail. Mr. Jones: Well, OK. Commissioner Dawkins: We still have our own jail. Mr. Jones: They're leasing from us. That's right. The County is leasing from us. Commissioner Dawkins: The County is leasing our jail. Mr. Jones: But it comes more... At least my perception of the problem is more than just creating more facilities. You have to keep in mind that we... Florida does have a uniform penal code and a municipality wouldn't be in a position... be prohibited from being in a position of enacting its own criminal code, sort of speak. 5o... Vice Mayor De Yurre: Well, I'm not saying to create new laws... Mr. Jones: OK. And... Vice Mayor De Yurre: ...to keep these people in, but if one of the main problems is that there isn't room and they just get turned away and they go back out to the street, they know that there is no deterrent. Mr. Jones: Well... Vice Mayor De Yurre: What is the deterrent to crime, if you know that they can't even house you? Mr. Odio: The numbers, as you analyze crime, are outstanding. The... Chief, will you tell him that number that was told... De Jong told me that number in the meetings, that 20 percent of the criminals... 80 percent of the... Go ahead and explain the number of repeat offenders that we have. 37 March 25, 1993 Chief Ross: I think essentially what he was saying is that 80 percent of the crimes were being.., violent crimes, were being committed by about 20 percent of the career criminals. These are the recidivists that are just in... their employment is crime. Mr. Odio: Some people have been arrested 67 times. Vice Mayor De Yurre: And what do you do with them? You let them go back out on the street again. So, I'm saying what do we do? And they let them back out again. What can you say? Mr. Odio: Well, you see that... Mayor Suarez: Living example of the revolving door. Now, in the meantime, have a nice seat there. Very good. Vice Mayor De Yurre: OK. So, what do we do? Do we just say, "Hey, that's just the way it goes?" Or do we do something about it? And what can we do about it? Mr. Odio: Well, I think that you can do a lot by creating the right perception that even though we are not completely won the war on crime, because we still have problems in this community with crime and we are trying the best that we can. And we are going to add officers by September and we will be doing OK, but unless you can keep those people away, we are never going to have enough resources to put them... It's not fair on the... So, you need to put pressure to change the system. Chief Ross: Allow me to say this, too. You know, we may be talking about two different systems here - the violent offenders, the career criminals, the recidivists that we refer to are... will not be impacted on by, you know, putting together a City jail or facility to house them. Those individuals there will be housed based on misdemeanor... Mayor Suarez: Wait a minute, Chief. M,'. Gonzalez-Goenaga, sir. Mr. Manuel Gonzalez-Goenaga: Paying my respects... Mayor Suarez: Sir, you... Mr. Gonzalez-Goenaga: And I have everybody in... Mayor Suarez: Sir, you got up to indicate... Vice Mayor De Yurre: Have him removed. Mayor Suarez: ...that you had been arrested six times. To me, that is an example of what the Chief was... In fact, you were alluding to it. And let me tell you something else, you must conduct yourself properly here. If you want no one to make... Sir, have a seat. Sir! Mr. Gonzalez-Goenaga: Corrupted City... m March 25, 1993 L] Mayor Suarez: Officer, make sure he doesn't come back in today. Thank you. We can continue our... Ma'am, a couple of other things. Madam City Clerk? - All people who want to testify and want to address this Commission, would you fill out one of the little forms so I have an idea how many people want to address this?now Commissioner Dawkins: I have... Commissioner Alonso: I have... Mayor Suarez: And wait, wait. I'm just trying to lay out some procedure =_ here. Commissioner Plummer: Mr. Mayor... Commissioner Dawkins: Yeah. Commissioner Plummer: ...I've got 30 to 60 minutes of questions. Mayor Suarez: I hear you. Commissioner Dawkins: Yeah. And I... Mayor Suarez: What I think Commissioner... Vice Mayor De Yurre was inquiring about is the possibility of a sort of shock treatment, special forces approach to the war on crime. That's great. That's one item that we ought to deal with. The Vice Mayor obviously introduced it. Chief and Mr. Manager, the revolving door and the problems with our criminal justice system are not really the issue we're here on. We know about that. We know about that and we're all working hard on that. We're talking about police deployment. We're talking about... And frankly, the idea of a shock treatment or special operation... Commissioner Plummer: We're talking about everything but the problem. Mayor Suarez: ...is not also really the main issue, although I think it helps. I think it begins to send certain signals. It takes a few of the hardened criminals out and it does a tot of good things. We are interested in the deployment of police officers. We want to hear from the citizens on that _ and that's what we have to get to right quickly. So, Vice Mayor, if you would -- complete your inquiry and all the references to the criminal justice system, those are all great. We can have hearings on that if you want. We'll bring the chief judge here and we'll bring constitutional scholars and legislators, but we're dealing with police deployment in the City of Miami... Vice Mayor De Yurre: Yeah. All I want, Mr. Mayor... Mayor Suarez: Yeah. _ Vice Mayor De Yurre: ...is to maybe spur some creativity that... not to get into a long-winded discussion here, but to get the departments thinking as to ¢- how we can get creative and create something that will be positive and invent the wheel, if we have to. a 39 March 25, 1993 Commissioner Plummer: You don't have to. That's the problem. Mayor Suarez: OK. Vice Mayor De Yurre: Well, it isn't working the one that we've got, so we've got to invent another one. Commissioner Plummer: Oh, I agree with you there. It sure isn't working. Mayor Suarez: I've got one request from the general public and that's front= Anne Carlton. Folks, if anyone else seeks to address the Commission, if you would fill out the forms as she has. All right, Chief. And we're going to — get quickly to the inquiry by Commissioner Plummer and the rest of the Commission and the remarks from the general public. Commissioner Plurnmer: Mr. Mayor, I think you hit it on the head. What we need to do is to set aside time. The way we're going about this here today, It's the same old answer. Commissioner Dawkins: That's right. Commissioner Plummer: You know, throw more money. Throw more money that we don't have. And that, I think, is exemplified by the fact that I was told about the sweep in Coconut Grove last week. When the Manager tells me $1,400 to make an arrest and they came back and with pride told me they made seven arrests in Coconut Grove, all for drinking in public. That's $10,000... Commissioner Dawkins: Open container. Commissioner Plummer: Well, open container, drinking in public. And they've made seven arrests. Those seven arrests cost the taxpayers of this community, according to... if I use the Manager's number, $10,000. And you know what = happened, they rode downtown, they came back out. But it looks good on the scats that they made seven arrests. I think 1t is the people of the City deserve a lot better than what they're getting. They are not getting, in my estimation, what they are paying for. This City, and this City Commission as well, should hang our heads in shame. They have to hire Wackenhut downtown to protect downtown? They have to hire an off -duty policeman to drive up and AM down Poinciana Avenue to the tune of $2,500 a month. And the woman who lives next door in Bay Heights, Mr. Manager, I told you about last night. Elderly woman came home, was accosted in her garage, knocked down. She got out of Mercy Hospital last night after they stitched up their head. She can't walk, even though her leg is not broken. And everyone of the people 1n Bay Heights say they don't see... even see a police car in Bay Heights. You know, we hear about 1985, 1987. I'm worried about today. Today. Every time as I sit and listen to the police radio, and I hear a policeman sent out and being dispatched to do a call that a public service aide is qualified to do, I get upset. And Mr. Manager, I get upset hundreds of times a day. For every policeman, you have three PSAs (public service aides) for the same amount of =_ money. Now, I know you brought to my attention this week that we've got a problem and I'll work with you on that problem. But we addressed this in budget seven months ago. And now I'm hearing about a problem. The chief —= speaks about civil ianization. Here are 37 that have been audited. What are =+ we waiting for? Throw more money? Is that the answer? I don't think so, _- 40 March 25, 1993 When are you going to hire them? We put the money in the budget for this year. The people of this City are upset. You come here, you ask for $300,000 to this resolution which I have not seen prior to today, not one breakdown of what this money is going for - none, no breakdown. You just want me to pass it. That's it, $300,000 and if City Commission, you don't do it - don't ask me any questions - but if you don't do it, you're the bad guys. I'm going to go tell the community that the City Commission wouldn't give me the money that I wanted. That's ridiculous. We heard about operation NEON (Neighborhood Enhancement Operation Network), one more great operation in this City that the lights went out on. What happened to NEON? It didn't work then, it isn't working now and the people of this community are upset. It is to me the idea very simple. Mr. Manager, I asked you to position a police car at Douglas and Grand and you heard the other night the people and you laughed at me about the fact that I was responsible for that. I want to remind you, Mr. Manager, that it was with your assurance, sir, that that policeman who was assigned to that detail would not sit in that car all day and do nothing. It was to be a — walking beat. One policeman there does get out of his car, and he does mingle and walk as you explained to me was going to happen. Now, let's look at the other side of the coin. Last Saturday night, for the first time, within two minutes you had three armed robberies go down on Grand Avenue, within two minutes - one of them at Douglas and Grand, because the detail was not there. The detail has been pulled in the last couple of ten days when maybe available and I ask you to go back and look at the stats of how many windshields have been broken at that intersection when the police car was not there, just even if he does nothing but sit there and do nothing. That detail was to be a walking beat. It has never, ever occurred. The people of the community were upset and rightfully so, as I was upset because it was never done what it was supposed to do. I feel sorry for the three people who have to run for election this year. I really do. I'm not one of them. But let me tell you something, if crime is one of the big campaign issues, it's going to be a rough, rough road to hoe. I can no longer sit back and allow people to tell me you've got less policemen. Well, yeah. In 1985, we didn't have policemen assigned to a boxing program. In 1985, we didn't have a marine patrol checKing yellowtails out in Biscayne Bay if they're not six inches long. You might have had them, they weren't as big as they are now. Mr. Manager, I'm saying to you - not to the Chief because he answers to you - Mr. Manager, it's a matter of priority. I disagree. I disagree very, very violently that priorities are not being set in what is needed with the people of this community. Sometimes we forget who we work for and I'm saying to you, sir, that the people of this City are damned fed up of living behind bars on their windows, burglar alarms in their houses and walls being put up. I beg your attention to go on SW 16th Street where you find 14 houses in a row with bars on the windows. That's not the way I want to live and that's not the way I want to continue to live. What we're doing, sir, in my estimation, is not working. It's just that simple. And as far as I'm concerned, to sit up here - and to say just throw more money and throw more money is not the answer. Now, when you want to get down and you want to get serious, then Mr. Mayor, I agree with you, sir. We cannot sit here and do it in this kind of an atmosphere. I think this Commission, if it so sees fit, has got to set priorities. And I think that that day is long overdue. I think this Commission has got to say we're going to answer to the public, we're going to set a policy and that policy is either going to be found and administered or something has got to be replaced and it might be us - it might be us. Mr. Mayor, I would hope, sir, -_ { that as you said to me that we will call a meeting where we can have the 41 March 25, 1993 entire day set aside to this Commission solely dealing with what, in my estimation, is the number one problem in this community. We speak about parks and as I said to you before - what good are parks that people are petrified to go into? Or my neighbor who says I won't let my wife walk the dog after dark? Is that the kind of community we want? It's not my kind of community and to me it's very simple - priorities have got to change. And when they do, I think we're going to see improvements. I don't have all the answers, I don't think anybody has all of the answers. There is just as big a problem in the court system. It is... Our problem is it's a system that is not a system. The jails are full and what happens? Every time we turn around a federal judge comes down and says take 700 of your least offensive - your least offensive - and turn them loose. The State of Florida speaks with split tongue. They have not built a jail in over ten years, even though it cost more money to incarcerate a prisoner for one year than it does to send your kid to Harvard for a year. We get 1,000 families a week... a day that are moving into the State of Florida and for some reason, the legislature obviously thinks they are all good people and there are no criminals in that involvement, because they're spending money on tourism, but not building the facilities of one that is needed. Again, Mr. Mayor, I would hope that somewhere along the line that we could call a meeting and address this in the proper form which has not been, in my estimation, today. Chief Ross: Mr. Mayor, in... Mayor Suarez: All right, sir. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: And procedurally, I just want to say something on that Commissioner Dawkins because some of this is my fault in not coordinating with the Manager some of these items that I see on the agenda. And I just spore to your assistant, Mr. Manager. What happened I think is a lot of things were put on here that were not supposed to be put on here. The only item that should have been there was this emergency item of the moratorium. The rest is supposed to be all police deployment. I don't know what all these other items are doing on the agenda, and I accept my share of the fault on that and I assure you, when we reschedule this item - because I think we're not going to get to the end of it today clearly - that it will be the only item on the agenda and we'll set aside a special Commission session only for this item. Commissioner Dawkins. Commissioner Dawkins: Mr. Mayor, the... Chief Ross: Mr. Mayor, in follow up to the... Commissioner Dawkins: I'd like to say that the people Mr. Johnakin was here speaking about, the people that Mr. Irbie McKnight is going to speak up here about who live in the vicinity of 2nd Avenue, 15th and 16th Street, the people who Mr. Sam Mason can speak about who live 62nd Street there about, the people Mrs. Josie Portier can speak about who live in 47th Terrace, Mr. Manager, they could care less about your computerized crime fighting arena. They are interested in people to policing. They don't want to know anything about your punch in a computer and they tell you how many people they robbed. That's = -r irrelevant, Mr. Manager. Now, what I'd like to know is what's the total - =' 42 March 25, 1993 number of police that we have available in the City of Miami in uniform with a grin? Mr. Odio: One thousand and eight. Commissioner Dawkins: One thousand and eight. Commissioner Plummer: No... He said uniform. Commissioner Dawkins: OK. Mr. Odio: Well, uniformed men and detectives, too. Or are you Just... Commissioner Dawkins: So, I want to know how many men make up the City of Miami Police Department who have a gun... Mr. Odio: One thousand and eight. Commissioner Dawkins: One thousand and eight. All right. Of the 1,005, how many are assigned to the Chief's office? Commissioner Plummer: Four, I think. Three or four. Chief Ross: We have a total of three officers assigned. Commissioner Dawkins: Are they sworn officers with a gun? Chief Ross: Yes. Commissioner Dawkins: So, that leaves 105 fighting crime. Is that right, Mr. Manager? Commissioner Plummer: A thousand and five. Commissioner Alonso: A thousand and five. Mr. Odio: Yes. Commissioner Dawkins: A thousand and five. Mr. Odio: Yes. Commissioner Dawkins: OK. How many assistant chiefs do we have? Mr. Odio: Three. Commissioner Dawkins: So, if you take three from 105... A hundred and what now? Mr. Odio: That's 1,002. Commissioner Dawkins: One thousand and two. How many... OK. What is the duty of a major? 43 March 25, 1993 Commissioner Dawkins: No, no. Chief Ross: He's asking me to answer you, sir Commissioner Dawkins: Wait a minute. No, no. You tell him, then let him tell me. No, I'm not going for this. Chief Ross: ...what I'm telling him. The majors in the Police Department are assigned as section commanders, commanding all rank and file under them and coordinating with the assistant chief and the chief of police. Commissioner Dawkins: OK. Mr. Manager, so we've got 11 majors. Mr. Odio: Yes, sir. Commissioner Dawkins: Is that right? Mr. Odio: Yes, sir. Commissioner Dawkins: How many shifts do we have? Mr. Odio: You have three shifts... Commissioner Dawkins: Three... Mr. Odio: ...seven days a week. Commissioner Dawkins: Three shifts? Mr. Odio: Or four and seven days a week. Commissioner Dawkins: Say what now, Mr. Manager? I can't hear you over J.L. Plummer, but go ahead. Mr. Odio: You have to cover seven days a week. Commissioner Dawkins: Yes, sir. Mr. Odio: So, you do have three shifts. Am I correct? Chief Ross: That's correct. Commissioner Dawkins: A, B and... We have three Shifts. Mr. Odio: And then... But you have to cover seven days. Commissioner Dawkins: OK. How is the... Tell me how the 11 majors are split between three shifts. Go ahead. 44 March 25, 1993 Chief Ross: you have one major that is assigned to each one of the district stations. You have three districts. You have north, central, south. Commissioner Dawkins: All right. So, that leaves eight. So what do the other eight majors do? Chief Ross: You have one major who is assigned to field support. Commissioner Dawkins: Beg your pardon, sir? Chief Ross: You have one major who is assigned to field support section. Commissioner Dawkins: Now what... Chief Ross: That particular section includes our mounted patrol, our aviation patrol, our beats, Bayside, our K-9 officers, our accident investigations unit, motors unit, off -duty employment. That particular major controls that entire section. Also... Commissioner Dawkins: So, that major is responsible for approximately how many men? Chief Ross: Ninety-six. Commissioner Dawkins: Ninety-six men work under him. OK. All right. What another major does? What does the... Give me another. Chief Ross: There is another major in charge of community relations section. Commissioner Dawkins: OK. All right. Chief Ross: There is another major in charge of our investigations... criminal investigations section. Commissioner Dawkins: How many... OK. Wait a minute, now. The first one is ninety... was 96. Chief Ross: That's correct. Commissioner Dawkins: That's one major with ninety... Now, the second one has how many men? Chief Ross: Thirty-two. Commissioner Dawkins: Thirty-two. OK. Now, and the third one? Chief Ross: Let me... Since your doing a tabulation, let me give you the total for the other vocations for the majors in patrol north. Commissioner Dawkins: No, no. I would rather... See, that's why I want to talk to the Manager. I want the Manager to answer what I want. I don't want the Manager to tell me what he wa~±t to tell me. Mr. Odio: Go ahead, Commissioner. 45 March 25, 1993 Commissioner Dawkins: OK. All right. Thank you, sir. No, no. See, I know what I want to hear. OK? I don't need any stats and nothing made up pretty. Just answer my questions. Now, OK. Mr... So, the third major, Mr. Manager, has how many men? Chief Ross: Thirty-two. Commissioner Dawkins: Thirty-two too? Chief Ross: That's community relations. Commissioner Dawkins: Community... No, the one behind community relations. Mr. Odio: Field support has 96. Commissioner Dawkins: OK. Mr. Odio: Community relations has 32. Commissioner Dawkins: Uh-huh. And another major? Mr. Odio: The patrol has a hundred and forty... Commissioner Dawkins: Patrol has how many men? Mr. Odio: Patrol north has 145. Commissioner Dawkins: Wait a minute. Wait a minute. Patrol north... But, wait. That's because you've got a patrol north and then we've got a patrol south and we've got a patrol... Mr. Odio: Central. Commissioner Dawkins: ...central. Now, what is the duty... I mean, how many men is assigned to patrol north? Chief Ross: One forty-five. Mr. Odio: One forty-five. Commissioner Dawkins: One forty-five. How many men is patrol south? Chief Ross: Two oh nine. Mr. Odio: Two oh nine. Commissioner Dawkins: Two oh nine. How many men control to central? Patrol central? Chief Ross: Two twenty-one. Commissioner Dawkins: Hmmm? 46 March 25, 1993 Mr. Odio: Two twenty-one. Chief Ross: Two twenty-one. Commissioner Dawkins: Two twenty-one. All right. Now, where is Mano with his calculator? You have three shifts at the north... patrol north. You've got 45 men. Tell me how many men are on A shift, how many on B shift and how many are assigned to C shift? I don't think it was the Manager... OK. I... Chief Ross: Patrol north... Commissioner Dawkins: Yeah. Chief Ross: ...A shift, there are 27 officers. Commissioner Dawkins: Twenty-seven officers on A shift. Chief Ross: On B shift, there are 34. Commissioner Dawkins: Thirty-four. Chief Ross: C shift, at 32. Commissioner Dawkins: Thirty-two. And on your relief shift, Chief, how many do we have? Chief Ross: That is included. There is a total of 16... twenty-four, I'm sorry... twenty-four additional officers assigned to the north end in our beats unit. Commissioner Dawkins: Wait a minute. Hold it, now. Wait now. Don't go fast. OK. You've got 24 additional. Chief Ross: Right. Now, I'll give you the breakdown. Commissioner Dawkins: Wait one minute. Let me... See, I asked Mano to be...Seven and four is 11. Thirteen and 24 makes 13. Three, six, nine, 11. That's 113. So, you... I need to know where 32 people are? Chief Ross: OK. I'm going... What I want to give you is the breakdown because the others are involved in that breakdown. There are beats units involved in that number, investigators who are assigned to the north district -_ =` substation... - Commissioner Dawkins: Wait. Beats unit, investigators. OK. Chief Ross: And our neighborhood resource officers. Commissioner Dawkins: Neighborhood resource officers. OK. - Chief Ross: And our impact team. =# Commissioner Dawkins: Impact team. OK. What else have we got? _ - -i -_ -i -_ 47 March 25, 1993 -i -I Commissioner Plummer: But that floats. The impact team floats. Commissioner Dawkins: What else have we got in... Chief Ross: Impact team, Commissioner Plummer. Commissioner Dawkins: I'm going to get... All right. Commissioner Plummer: It floats. Commissioner Dawkins: All right. That's OK. Chief Ross: No, sir. It's assigned to the north district substation under the name of POP (Push Out the Drug Pushers). Commissioner Plummer: And how many men... Commissioner Dawkins: Well, this is not an impact team then. It's POP. Chief Ross: POP is still impact by definition. Commissioner Dawkins: OK. But see, Mr. Manager... OK. What does the beats unit do? Chief Ross: The beats unit are walking beats, Mr. Manager. I'm telling you - and you're telling him. Commissioner Dawkins: Beg your pardon? Chief Ross: They're walking beats. Mr. Odio: They're the walking beats. Commissioner Dawkins: Walk where? Mr. Odio: In the neighborhood, in that section. - Chief Ross: We have them walking 7th Avenue, we have them walking in the garment district and in the... Commissioner Dawkins: No, no. Where are you walking now? Not have been. Where are you walking now, Mr. Manager? Chief Ross: I didn't say have been. I say they are walking right now. Mr. Manager, you can tell Conmissioner Dawkins they're walking 'in 7th Avenue, they're walking also in the design district. _ Commissioner Dawkins: How... Chief Ross: You didn't tell him. Commissioner Dawkins: Now many men? Chief Ross: A total of six. 48 March 25, 1993 Commissioner Dawkins: Six. Mr. Odio: But you have a total of 24 between the beat and the... Commissioner Dawkins: So you've got... OK. That's fine. All right. Now, how many of this 145 men are off on Saturday and Sunday in the north at the north station? Chief Ross: Are off? You'll have to give us a moment to tell you that. Commissioner Dawkins: Yeah, are off. OK. Wait a minute. You work a four - day week, right? Chief Ross: That's correct. Commissioner Dawkins: So, you're off Friday, Saturday and Sunday. Commissioner Plummer: That's... Commissioner Dawkins: How many men are off Friday, Saturday and Sunday of this 145 people... Commissioner Plummer: Oh, yeah. Of that group, yes. Commissioner Dawkins: ...that you tell me that are supposed to be there policing my area.. Commissioner Plummer: Therefore, ten. Chief Ross: On Friday nights, there are 35 officers that are off. Commissioner Dawkins: OK. Thirty-five on Friday. Chief Ross: That's correct. Commissioner Dawkins: So, 35 from 145 gives you 110 and from this 110 you're going to take the beats unit, the investigators, the FRIs and the impact. Right? Chief Ross: There is a total of 35 that are off on Saturday. On Friday, I'm sorry. Commissioner Dawkins: On what now? Chief Ross: There is a total of 35 that are off on Friday... Commissioner Dawkins: OK. Chief Ross: ...as you asked. Commissioner Dawkins: Wait a minute. On Friday, thirty... So, there is nobody who is off Friday, Saturday and Sunday. 49 March 25, 1993 Chief Ross: We're taking it day by day, Commissioner, Commissioner Dawkins: No, no. I want to know... No, no. Chief Ross: Friday, 35. Saturday, forty... Commissioner Dawkins: But see, that's why I'm telling the Manager. Mr. Manager, give me what I ask you for. How many men are off Friday, Saturday and Sunday? Mr. Odio: Forty-eight on Saturday. Chief Ross: Forty-seven on Sunday. Mr. Odio: And 47 on Sunday. That's a total of 130. Commissioner Dawkins: Huh? Mr. Odio: That's a total of 130. Chief Ross: A total of 130. Commissioner Dawkins: So, if you've got 45 people from 45, that leaves 100. OK? And so therefore... Now, that's the north station. That's 100 people, right? And now, how many on a Saturday are assigned to the patrol section doing patrol work? Chief Ross: Mr. Manager, it is not possible to get a true picture by looking at a total of 130 officers that are off Friday, Saturday and Sunday. That's why I gave them to you individually. A guy that is working... that is off on Sunday, may have been working on Friday. So, to say that between the three days you've got 130 officers off and subtract that from 145, if that's what you're relating to the Commissioner, it's not accurate. Commissioner Plummer: Yeah. But you're still not getting the true picture, Miller. OK? How many men are out sick? Commissioner Dawkins: On vacation? Commissioner Plummier: How many men are on a special assignment? Commissioner Dawkins: How many are on vacation? Commissioner Plummer: Or how many men are on vacation? Commissioner Dawkins: How many on special unit? Commissioner Plummer: How many in the courts? You know, every time a policeman goes to court, he's pulled off of duty. OK? So, I mean, you know, if you're trying to come about a true picture, how many men are tied up every time they close down the jails over there for two hours?" That's not the policeman's fault, but he's tied up. He's tied up over there, OK? Commissioner Dawkins: Mr. Man... 50 March 25, 1993 Commissioner Plummer: But if you're trying to come to a real number, you've got to know all. How manor are out on disability? We're paying $1,000, 000 a year in disability. We're paying $1,000,000 a year for policemen on suspension that aren't working, that answer a computerized call twice a day. A million dollars a year. Now, that's not the chief's fault. Commissioner Dawkins: You see.,, Now, J.L., wait a minute. J.L., wait a minute. Commissioner Plummer: That's not the chief's fault. Commissioner Dawkins: See... J.L., wait a minute. You are interested in the -_ dollars. OK? You... I mean, I have no problem. We need that. The people who I meet in the streets are interested in seeing people fighting crime. Commissioner Plummer: Couldn't agree with you more. Commissioner Dawkins: OK? So, now don't sit up here and tell me that I cannot arrive at the number of people that we see fighting crime in my... in _ our neighborhood. OK? You've got a POP operation in Liberty City. You've got drugs being sold on 3rd Avenue... 2nd Avenue and 15th Street. You've got drugs being sold in Wynwood. When you put the car at Douglas and Grand... Commissioner Plummer: But they're not going to do that... Commissioner Dawkins: ...they moved to Hibiscus and something else to sell drugs. You know, if... And we are here talking about deployment. If the POP has been successful in Liberty City, why isn't there a POP in Coconut Grove? Why isn't there a POP in Overtown? We've got snatch and grab in Overtown, we've got drugs in Overtown. I mean... You see, somewhere along the lines... You see, you all can sit up here and tell me I cannot get a true picture all you want. I can get a true picture of how many men are actually on the street fighting crime, Mr. Plummer. Now, whether they want to tell me or not, that's different. But somebody understands that there are people on the streets... You have captains who make $33,000 a year in overtime. If I'm lying, go check... go pull the computer. OK? How can a captain make $33,000 making overtime and the snatch and grab, people's pocketbooks being snatched, people being robbed and the captain has got $33,000 in overtime. Commissioner Plummer: How about a dispatcher making more than that? A dispatcher making more than that in overtime. —=, Commissioner Dawkins: OK. But the dispatcher doesn't fight crime. They just -- told me that the captain's job is to fight crime. Somewhere along the lines, = Mr. Mayor, my fellow Commissioners, we are going to have to better utilize the police and I don't... you tell me about you... Commissioner Plummer: Where have you been? � Commissioner Dawkins: ...forty-five people off on Saturdays and Sundays and fifty... You may out have to have with 15 off. Some kind of a way, I should # not pass the North Central Station on a Sunday morning coming from church and _# count 45 automobiles and come back by at 4:00 o'clock and count 45 ='` 51 March 25, 1993 automobiles. And when I ask why, "Oh, they have seniority. They're off on Saturdays and Sundays." Come on. Commissioner Plummer: Crime stops. Commissioner Dawkins: Their job is not vacationing and being off. Commissioner Plummer: Crime stops on the weekend. Commissioner Dawkins: Their job is fighting crime. So, Mr. Mayor, I have all those figures that you all gave me. It's right here. But, Mr. Manager, what is a full service north station? What does that mean? Mr. Odio: Well, what we have now is we moved... we decentralized robbery detail and the investigation detail out to the substations. That was done about two months ago. And so it's the first time that we have... Commissioner Dawkins: See, but... Mr. Odio: ...broken the central location into three locations. Commissioner Dawkins: But what I'm saying to you, Mr. Manager, is that full service - whatever that means - does not stop the street crime. Mr. Odio: Well, the... Commissioner Dawkins: You see... No, no. See, when you say full service... Mr. Odio: The robbery... Commissioner Dawkins: ...everybody gets the idea that we have people up there in a full service unit fighting crime. Mr. Odio: Well, if you mean... Commissioner Dawkins: I mean street crime. Mr. Odio: Commissioner, if what you mean by full service is do we have enough police officers, we know we're short. That's why we had to complement it with overtime. Commissioner Dawkins: Yeah, but you... Commissioner Plumper: See, I don't. Excuse me, Mr... Miller... Commissioner Dawkins: Go right ahead. Commissioner Plummer: I don't necessarily agree with that. OK? I don't think you're short of police officers, for two reasons. One, you've got policemen doing everything but police work. OK? You've got them doing background checks. You've got them in the property bureau. You've got them fighting an ordinance called burglar alarms. You've got them... two of them and a sergeant doing nothing but checking automobiles. OK? 52 March 25, 1993 Mayor Suarez: Can we get a formal report on that, Chief? specialized units or... Commissioner Plummer: Yeah. I've got them all. Mayor Suarez: Yeah. Commissioner Plummer: Hey, I'll get them for you. Commissioner Dawkins: But you need them. Mr, Odio: I tell you, I... Commissioner Plummer: I'll give them to you. Mayor Suarez: Right. Commissioner Plummer: OK? Mr. Odio: Do you need a... Mayor Suarez: Right, I... Commissioner Plummer: I've got them all. Mayor Suarez: But answers to all of them, rather than a sort of... Mr. Odio: Mr. Mayor... Yeah. I'd rather give you an answer... Commissioner Plummer: Second of all, I don't think we're short of policemen. As I've said to this Commission many times, and I'll say it again, 50 percent - and that's a conservative figure - of a policeman's time is writing reports. That's not fighting crime. That's after the crime has occurred and now the State of Florida, in its wisdom, said you can use a thing called a PSA (public service aide), call it whatever you want and they can right the reports. And the minute you do that, you have automatically released the policeman, 50 percent of his time, to go back out and devote his time to fighting crime. And the minute you... I don't know how else you can take and immediately overnight have 50 percent more time of a policeman than doing that. Now, Commissioner, I'm going to say one other thing and then... I think it says everything that you're trying to say. Saturday... Mayor Suarez: And we should hear from the public, please. Commissioner Plummer: All right, sir. Mayor Suarez: Let's give them at least a couple of minutes each. Commissioner Dawkins: I'll bring mine up when he's finished. Commissioner Plummer: Saturday, two weeks ago, the Police Department attained a new high - ten hours between the time a call was received and the time it was dispatched. Didn't call and say, "Hey, is that abandoned car..." It was a minor call. It was a minor call, but it's the idea that somebody called... 53 March 25, 1993 Mayor Suarez: Clarify that, please. Commissioner Plummer: ...concerned and it was ten hours before a police car was dispatched. OK? That's the problem. People in this town are spending thousands of dollars for burglar alarms, when the bad guys know that the -_ average is 15, 18, 20 minutes. They're in your house, they've got your goods - if you're lucky, you're not home - and they're gone, because they know that they've got that time frame to work within. Commissioner Dawkins: Mr. Manager... Chief Ross: Mr. Manager... Commissioner Plummer: That's the problem. Commissioner Dawkins: Mr. Manager, before I close I want 'to say that the — police is doing a heck of a job with what they have. OK? But I feet personally that when you work a man over ten hours a day, his effectiveness 1s shot. - Commissioner Plummer: Agreed. Commissioner Dawkins: There... But he's not going to turn down money that you were paying him talking about overtime. Commissioner Plummer: I thought it said you can pay for eight. You can work him more, but you're only going to give eight. Commissioner Dawkins: Now, somewhere along the line, Mr. Manager, this Commission is going to have to say to all of you, you cannot have a special unit. What is the Street Narcotics Unit? Mr. Odio: The one that... fighting drugs. Commissioner Dawkins: OK. How many men are assigned to the Street Narcotics Unit? Mr. Odio: Thirty-four. Full-time? Thirty-four. Wasn't that the number that was given? Chief Ross: Thirty-nine. Mr. Odio: Thirty-nine, I'm sorry. Commissioner Dawkins: Thirty-nine, sir. Thirty-nine. Mr. Odio: Sorry, missed it by five. Thirty-nine. Commissioner Dawkins: Thirty-nine who are assigned to street... Who is in charge of the Street Narcotics Unit? Chief Ross: Lieutenant Gerald Darling. 54 March 25, 1993 Commissioner Plummer: The Riley brothers on Grand Avenue. Chief Ross: Lieutenant Gerald Darling. Mr. Odio: Lieutenant Gerald Darling. Commissioner Dawkins: Who? Mr. Odio: Darling. Commissioner Dawkins: Who was in charge prior to Lieutenant Darling? Mr. Odio: Lieutenant Brooks. Chief Ross: Lieutenant Brooks. Commissioner Dawkins: All right. Who did Lieutenant Brooks report to? - Chief Ross: He reported directly to Assistant Chief Gibbs. Commissioner Dawkins: Who does Lieutenant Darting report to now that he's in charge of the unit? Chief Ross: The unit is not configured the way it was. Corrvmissioner Dawkins: Here we go. Who does he report to? Chief Ross: He reports to... Mr. Odio: To Major Brooks. Chief Ross: ...right now to Major Brooks. Commissioner Dawkins: OK. So therefore, a black man is put in charge of it. He has to report to the white man who .just left it. Yes, sir. No, no, _ nothing. OK? No, no, nothing. There is no other way to explain it. Mayor Suarez: Mr. Dawkins, what's the point? — Commissioner Dawkins: The point is that you've got - how many, 39 people? who are supposed to be fighting street crime... Commissioner Plummer: Cesar... Commissioner Dawkins: ...and yet on 2nd Avenue and 16th Street, narcotics _ street crime, prostitution street crime, snatch and grab street crime. On _ Douglas and... I mean, Hibiscus and what have you, street crime that these 39 people are supposed to be doing. And I'd like to know from you, Mr. Manager, how many arrests... Where are my papers? Let me get my paper here. How many =- arrests was made by the Street Narcotics Unit in... Mr. Odio: For a year? For a year, Commissioner? Commissioner Dawkins: For a year. 55 March 25, 1993 Mr. Odio: OK. Fifty-two hundred narc. Chief Ross: Ninety-two. Mr. Odio: In 192, 5,200 arrests. Commissioner Plummer: Fifty-two hundred. = Commissioner Plummer: How many convictions? Mr. Odio: Fifty-two hundred arrests. Ccmissioner Dawkins: Fifty... Commissioner Plummer: How many convictions? Mr. Odio: We're not lawyers. We're policemen.. Commissioner Plummer: Well, no. But how many of those were good arrests? Mr. Odio: OK. Chief Ross: Mr. Manager, each and every one... Mr. Odio: All of them. Chief Ross: ...of those arrests that were made were made with probable cause and they were excellent arrests. And I will say, Mr. Manager, to you - for =_ information - that this particular Police Department is not on the wrong track, we're not doing things wrong. We're doing things absolutely right. Commissioner Dawkins: Nobody said you were doing anything wrong, Mr. Manager. _ Chief Ross: Mr. Manager, we're doing... Commissioner Dawkins: Nobody said you were doing anything wrong. OK? Chief Ross: We're doing things absolutely correct. Commissioner Dawkins: You see... But Mr... Hold it. Chief Ross: And I think our stats show, Mr. Manager... Commissioner Dawkins: Hold it. Mr. Manager, look. Have him stop. Have him stop. Mayor Suarez: Well, Commissioner. But he's... Commissioner Dawkins: Mr... No, no. Mayor Suarez: He's in the middle of a... Commissioner Dawkins: No, no. I can not let the Chief... 56 March 25, 1993 Mayor Suarez: Sir... Commissioner Dawkins: Mr. Man... No, Mr. Mayor. I cannot allow the Chief to say that this Commission has said that this Police Department is doing wrong when this Commission did not say that. Mayor Suarez: Well, I don't think he said that. Commissioner Dawkins: This Commission did not say that. Mayor Suarez: I don't think he said that. — - Chief Ross: Mr. Manager... Commissioner Dawkins: He did say thatl Chief Ross: ...Commissioner Plummer noted that... — Mayor Suarez: No, he made an affirmative statement. Chief Ross: ...it was not working. r Mayor Suarez: He made an affirmative statement. = Mr. Odio: Time out. Time out. Mayor Suarez: All right. What we need to do is to bring this inquiry to a conclusion so that the public can be heard. And I'm going to ask the people to keep... Commissioner Alonso: Mr... Mr. Odio: Mr. Mayor. Mayor Suarez: Yes. Mr. Odio: Mr. Mayor, may I say something? Commissioner Alonso: Mr. Mayor, if I may. Mr. Odio: When you have a chance. Mayor Suarez: Well, I can't imagine that it would be profitable after that particular exchange... Mr. Odio: It might be. Mayor Suarez: ...Mr. Manager. I mean, we need to get... Commissioner Dawkins: I have one more thing to say. Of the fifty... Mayor Suarez: And then Commissioner Alonso inquire. 57 March 25, 1993 Commissioner Dawkins: OK. Thirty... Mayor Suarez: And then we'll get to the general public, please. Commissioner Dawkins: You said we had how many men in the Street Narcotics Unit? Mr. Odio: Thirty-nine, sir. Chief Ross: Thirty-nine. Commissioner Dawkins: All right. Mr. Mano, divide 39 into 52 and give me how many arrests were made by... could... I could attribute to each individual. Unidentified Speaker: A hundred and thirty. Commissioner Dawkins: A hundred and thirty? Mr. Odio: That's right. Commissioner Plummer: One thirty-three. ^-- Commissioner Dawkins: One thirty-three. All right. POP... And in the same time the POP unit with six people had 468 arrests. Commissioner Pl urmer: That's... Commissioner Dawkins: What's the... Why is it that they had... Commissioner Plummer: Because they arrested one every third... Commissioner Dawkins: ...more effectiveness with six men than the other unit had with 34 people all over the City? I'm finished, Mr. Mayor. Commissioner Plummer: Did I understand correctly? They made 5,200 arrests in a 12-month period? Commissioner Dawkins: Yes. Mr. Odio: Yeah. Commissioner Dawkins: That's what he said. Commissioner Plummer: And you have 39 people dedicated. Mayor Suarez: OK. The... Commissioner Plummer: That means that they... the policemen only made one arrest every third day. Chief Ross: The total arrests, Mr. Manager, for POP... Commissioner Plummer: No, that's... Excuse me. 58 March 25, 1993 Chief Ross: ...was sixteen hundred and forty._ Commissioner Plummer: If there was a hundred... Mayor Suarez: But wait. Commissioner, but the question is stilt pending. They're going to answer and then Commissioner Alonso is going to inquire. Please, you've had your turn. Commissioner Plummer: Well, I'd like an answer, please. Mr. Odio: They have arrested 5,200 people for the year, yes. Commissioner Plummer: OK. There is 39... If there are 5,200 arrests and there are 39 officers dedicated to that 5,200, that means each officer made 133 average arrests in the year... Mayor Suarez: Yeah. Mr. Odio: That's right. Commissioner Plummer: ...or the equivalent of one every third day. Mr. Odio: That's going to... If you add to 365 days, yes. But they didn't work 365 days. I think they've done... Mayor Suarez: All right. Commissioner Plummer: That's obvious. Mr. Odio: Well, but... You know, Mr. Mayor... Mayor Suarez: All right. Commissioner Alonso, let's just quickly go through the inquiry and then we go right to the public, please. Commissioner Alonso: Mr. Mayor, first let me say for the record and to you that sometimes it's difficult if one tries to follow some sort of procedure up here and tries to be polite and to wait one's turn. It's difficult to have an opportunity to express or to inquire or to get something done up here. One has to wait and is passed over and is not given an opportunity and I want for the record to state this to you and to ask you to please take this into account. I'd like to emphasize that the reason that we are having this hearing today is because as a result of discussions in the previous Commission meeting. The idea was... And I think it was introduced by a motion that I presented. And the question I was hoping to have concrete answers, because we have gone through this exercise over and over and over again. And my emotion at that time that took us to today's session was as follows and 1t was approved unanimously by this Commission. "A motion instructing the City Manager to prepare a specific plan..." I have not seen one. mite was not given to me. I don't know if my fellow Commissioners received a copy of a plan. I did not. Commissioner Plummer: None here. 59 March 25, 1993 Commissioner Alonso: "...to prepare a specific plan to more aggressively fight crime in the City of Miami and to have more police visibility in the streets, even if it means the hiring of more police officers..." The City Manager just stated for the record we are short of police officers. "...further instructing the Manager to prepare a deployment plan which includes more neighborhood patrol car visibility..." What's something that we've been asking for the longest time. "...and to itemize the number of arrests made and the number of cases thrown out by the district attorney's office..." I expect to see some numbers, I didn't receive anything. "...and further instructing the Manager to come back at the next Commission meeting with specific recommendations on implementation of the herein plan." This was the intent of this Commission. This was the reason that we have this presentation today. I, for one vote up here, was expecting concrete answers. I was expecting a plan or a request by the City Manager to postpone this item, until he had more time to come back with a specific plan. But it's about time that we come back to the citizens of Miami and let them know how many and what they can expect in each neighborhood. They want to see police visibility. They want to see, once in a while, police walking or driving. And if it reeds more money, we have to find the money. It's our obligation to provide this to the citizens of Miami. We cannot escape this any longer. It is the number one priority and it has to be done. How do we do it? We will have to address this issue. But I cannot sit up here and having the last budget we did approve additional police officers and still we are told we are short and still we are told it hasn't been done. I, in good conscience, cannot sit up here for another session and go through the exercise of complaining and listening to the citizens of Miami and us stating the same facts. We all know about this, but we need concrete answers and up to this point, I have not seen answers to the motion that I introduced and it was seconded and voted unanimously by my fellow Commissioners. I would like to have from the Manager an answer on this motion. Mr. Odio: If... When... I think all this... what happens is this deployment meeting turned now into editorial meetings. We have the answers. We have worked up a plan. We'd be glad to show it to you in detail. We have a plan to hire more police officers. It has been approved. It's in the works right now. And I will be glad to tell you that plan, if we may be allowed to do so. If you have any specific questions on any other thing, we'll be glad - to answer them. But all I have heard today is editorials and I mean that. Commissioner Alonso: Mr. Mayor... Commissioner Plummer: Excuse em. Commissioner Alonso: Mr. Mayor... Commissioner Plummer: Did not the Chief have the first 15 minutes to do what was asked of him? Mr. Odio: Well, you did not explain what has been worked up... Commissioner Plummer: No, excuse me. Did I not hear that what she had requested and the Chief was given by the Mayor the first 15 minutes? 60 March 25, 1993 N • o Mr. Odio: I'd be glad.... We'll be glad to get into that right now. We'll be glad to get into that right now. Chief Ross: Mr. Manager, in that opening five minutes that I used, I gave an overview of the plan that we put in place. But I'd like to say this. In addition to that, is that we don't want to take and completely throw away the plans that we have already implemented that are working in this City. I think the citizens of this City want to see crime defeated to as great a degree as we can with the resources we have... Mr. Odio: Maybe what we need to do, Chief... Chief Ross: ...and that's what we have done. And I can go back over what I said earlier, if you'd like and explain once again to listening ears that we have a plan in place and that plan... Commissioner Plummer: You heard that, didn't you? ..."listening ears." Chief Ross: ...is a very complicated plan that is twofold, that takes into account problem oriented policing, utilizing our police officers in a visible status... Mr. Odio: I think if they want to hear specific numbers and where those police officers are going, we'd be glad to do that... Mayor Suarez: OK. Commissioner Alonso was inquiring. Mr. Odio: ...in private. Commissioner Alonso: Yes. Mr. Mayor, if I may. Somehow I'm not getting across in the intent of this Commission, in my intent when I moved. I want concrete answers to the questions that we pose to the Administration and I would like to hear from the Administration, our City Manager, to tell us concrete answers to the motion that we presented that the request and that's why we are here today on this item. Mr. Odio: That's right. Now, OK. You want specific numbers and where they're going to be. We'll be glad to provide those numbers. Commissioner Alonso: Number one, I want the plan that will solve the problem... Mr. Odio: Chief, tell them of all the plans. Commissioner Alonso: Mr. Manager, would you listen, please? Mr. Odio: May I... Commissioner Alonso: I think that one of the problems that we have in society and up here, too... Mr. Odio: Yeah, people don't listen. 61 March 25, 1993 Commissioner Alonso: ...is that we don`t listen to each other. We don't give time to listen to the question and then respond. The question is, the plan and then how it will work in simple terms. I wanted it done in a way... in a fashion that citizens will understand and that we will understand how it's going to be done... Mr. Odio: Fine. Please, Chief. Go ahead. Commissioner Alonso: ...very specifically. The plan, how it's going to go to the neighborhoods, how it's going to be done, where are you going to get the police officers, how it's going to be done, so that we can tell... I can expect one person in my neighborhood. I know that I can count on one officer in my neighborhood, or ten, or 20, or whatever it takes. But we need concrete information and I think that's exactly what we requested. We have gone through this many, many times. In the last year and a half, three times at least. Chief Ross: Mr. Manager, the plan entails taking every officer that is assigned on the street and making him a part of the Neighborhood Enhancement Team. As you know, each one of the neighborhoods in the City of Miami that we've identified, and there are 11, is represented by a Neighborhood Enhancement Team. The plan calls for those officers that are assigned in those neighborhoods to coordinate with their Neighborhood Enhancement Team to attack on -duty those -identified, so-called hot spots where crime is most prevalent. The plan also calls for officers in an off -duty capacity to come in, provide additional visibility in uniform, in marked police cars, provide additional visibility, constantly attacking those same spots and locations where crime is most prevalent. The citizenry in those neighborhoods have identified these locations and have also helped to devise strategies to attack those problems. Given the shortage of manpower, we are using this plan to use off -duty officers, as well, to give us the extra manpower. This plan also includes undercover officers who will also be in those same neighborhoods attacking the problem from a different strategic comprehensive direction, making arrests on those career criminals that tend to be violent and most violent offenders. The plan is scheduled to go on for the next five to six months to the end of the fiscal year. We will reassess and make arrangements to either readdress it and redeploy, depending on the way this worked. And in this upcoming budget, we'll make some request if the plan is working, to fund additional... the plan additionally for the next fiscal year. I will say that so far we have seen a great amount of cooperation from the citizens. The citizens understand that we are short in manpower and they have agreed to work with us to put together this plan and to do as much as we can with what he have. I'm very pleased, as the Chief of this department, to say that my officers have done an excellent job and they are pushing it to the limit to do all they can with what we have. Mr. Odio: Chief, will you please tell them the plan to hire the PSAs. Commissioner Plummer: Did you hear any numbers? Mr. Odio: We have a class now. They will be... We will have 93 PSAs in place and by the end of the year, we'll have 110. We have identified locations for the 110 PSAs. The fact is we approved two days ago to replace the 14 PSAs who are in the teleserve service for civilians so we can release 62 March 25, 1993 those 14 PSAs immediately out on the streets. And that and then the classes . tell them d we will be at 1,100... Chief Ross: In addition to the officers that we have on the street right now, there are 28 officers in the academy who will be graduating soon. There is an approval for an additional 40 officers to be hired by May of this year, with an additional 20 to by hired by July of this year. Now, considering it will be at least six months down the road before these officers are on the street, but at the same time... Commissioner Plummer: When? Chief Ross: ...by the time these officers are on the street, we will be into the next fiscal year and they can impact on the new deployment plan. Commissioner Dawkins: Mr. Manager? Mayor Suarez: Commissioner Dawkins and then we've got to get to listen to the public... Commissioner Dawkins: You talk in terms of what you've got coming out of the academy. Will you relate to me what that has to do with the number of retirements, the number of people who leave the force. Mr. Odio: Yes, sir. Commissioner Plummer: Five, six a month. Commissioner Dawkins: If you've got... Tell me what... Mr. Odio: OK. Commissioner• Dawkins: Tell me what your net... what our net gain is. Don't tell me what you've got in the academy, Mr. Odio: The... Commissioner Dawkins: Tell me what the net gain will be when they hit the streets. Mr. Odio: That's a good question, Commissioner and we went through that. What we did is we took the net losses -- I mean, the net gains less the losses and we have... I'm not... I'm talking in riddles here. We know we want to end up with 1,100 police officers. We're losing two a month. That's been the... Right now, we're losing two a month. Commissioner Plummer: For retirement? Mr. Odio: For whatever reason, we're losing two a month. Chief Rosso Three. Mr. Odio: Or three, I'm sorry. Three a month. 63 March 25, 1993 Commissioner Plummer: You're lasing almost five. Mr. Odio: No, we're not. We're losing three a month. Commissioner Plummer: OK. Commissioner Alonso: Mr. Manager, are you prepared to tell us by neighborhoods how many officers,.. Mr. Odio: Sure. Commissioner Alonso: ...are we going to have in the streets that we will be able to see them... Mr. Odio: With this plan, yes, we can tell you how many officers. Commissioner Alonso: ...work in the street, visibility. Mr. Odio: What we don't... Commissioner Alonso: How many? Mr. Odio: What we don't want... Commissioner Alonso: Could you tell us by neighborhood? Mr. Odio: We will tell you the uniforms, but we will not be able to tell you -# in public the numbers of undercover people. Chief Ross: Mr. Manager, the... Mayor Suarez: You're still missing the point, sir. Commissioner Alonso: Uniformed people. Mayor Suarez: What she wants to know is not the special force... Commissioner Plummer: Obviously, they're not going to tell you. Commissioner Alonso: Uniform. Mayor Suarez: ..shock treatment approach. She wants to know regular deployment of police officers. Commissioner Alonso: Yes. Mr. Odio: We have... -'S Mayor Suarez: How many, at any time, in every neighborhood in the City? Mr. Odio: Fine. + Mayor Suarez: Those figures. 64 March 25, 1993 Mr. Odio: 'That's not what... Chief Ross: Mr. Manager... Mayor Suarez: Sir, wait a minute. Mr. Manager... Commissioner Alonso: Yes. I'm talking about... Mr. Odio: Oh, OK. Mayor Suarez: Yes, that's of course what she wants to know. Mr. Odio: I thought she was... Commissioner Alonso: Every neighborhood... Mayor Suarez: That's what we've been asking about for five years. Mr. Odio: If I tell... Chief Ross: Mr. Manager... Mayor Suarez: The next time we do this presentation... Commissioner Alonso: Yes. Thank you. Mayor Suarez: ...let me tell you how we're going to want this done. I want on that overhead projector, by neighborhood, by time of the week and hour of the day, how many officers with uniforms we have in the streets? Mr. Odio: We have that now. Commissioner Dawkins: And we do... And I do not... Mayor Suarez: That particular figure is the one that particularly concerns this Commission. Commissioner Dawkins: And Mr. Mayor, be sure and tell them, if they're going to have an introduction... Mr. Odio: I can tell you right now. Commissioner Dawkins: ...let me know so I can come one hour after the introduction. Mayor Suarez: All right. Mr. Odio: I can tell you right now. Mayor Suarez: Well, unless the introduction includes that. Now, we want to maximize that police presence. This Commission has concluded in its infinite wisdom or lack thereof - I happen to agree with my colleagues so I have to say that it's infinite wisdom - that we want to maximize the number of those officers with uniforms visible and the Chief, and you and I, and some of the 65 March 25, 1993 11 11 high-ranking staff yesterday talked about her innovative idea of having them on platforms, like you do for Calle Ocho and some other things, with good communications, maximize the amount of time and the number of officers that are in the community patrolling - not special units, not special operations. Those may be needed and we may find funding for those, if it passes up here and it needs to have three votes, obviously. We want to maximize under constraints. The constraints are the criminal justice system, the ability to process people in jail. Please don't talk about the constraints. We know the constraints. We want to maximize within the constraints of the budget and the rest of the system. Commissioner Plummer: Of what we have control over. Mayor Suarez: Exactly. Commissioner Alonso: Exactly. Mr. Odio: We can do that right now. Mayor Suarez: And we need simple answers to those figures. If you could be creative and have a whole new uproads or at least some new features, then so much the better. It sounds like some of your proposals have some creativity and we'll be hearing about this... Obviously, we're going to have to have a special session. Folks, I'd like to hear from some of the citizens. I know some of you cannot be back in the afternoon and cannot be back the next time we schedule this. So... Commissioner Plummer: Well, can we agree on a date right now? Mayor Suarez: Yeah. But let's hear from them. We'll tell them the date before the end of the... — Commissioner Alonso: Yes. And then you can give me the answer after... = Mayor Suarez: Very good. = Commissioner Alonso: ...we listen to the public. Mayor Suarez: OK. Anne Carlton. I'm going to call you by name... by order of your request. Madam City Clerk, two minutes. Folks, if you later want to come back and give us more testimony, either today or when we convene another special session on this issue, we'll be happy to hear from you. Today it has -= got to be two minutes. I'm sorry. We've taken up so much. Ms. Angie Carlton: That's all right. First of all, I want to thank Commissioner Plummer and the Commissioner Dawkins. You've both answered a lot of my questions. However, one question does bother me. You talk about deployment. Does that deployment mean that you're going to take some officers from one area and put them into another area? I'm asking for a specific reason. I live in the Northeast, Shorecrest. We are... We have had more break-ins. We have had other things happen there that should not have _} happened there. Three... Two and a half weeks ago, I was with a friend of -� mine - it was a purse -snatching thing. It happened off Biscayne Boulevard, six hours before a policeman came to find out what happened. And when they 66 March 25, 1993 finally did come, it was because a concerned citizen took advantage of the fact, got her purse back for her, but did not get the people. There was no reason to wait six hours for a policeman. She was hurt. She had two broken fingers. We had to take her to the hospital. Now, Shorecrest was promised a police car by the Commission. We have yet to see it. We have a crimewatch program that is very, very effective but we cannot work without that police car. Mayor Suarez: It's a very specific question and we need specific questions. Any idea.., Ms. Carlton: All right. My... Mayor Suarez: Wait, wait, Anne, Ms. Carlton: Sorry. Mayor Suarez: Any idea. We're not going to take this off from part of your two minute presentation. Any idea on the implementation of that police car that we promised them or vehicle, rather? If you have that, Mr. Manager or Chief, please provide it to her. Go ahead. Ms. Carlton: All right. Now, the first question is on the deployment. Does that mean you are going to take police officers from one area and put them into another area. Chief Ross: No, ma'am. In fact, it will enhance the police presence there. Ms. Carlton: OK. Chief Ross: Your NET, Neighborhood Enhancement Team... Ms. Carlton: Yes. Chief Ross: ...has met with our officers and has given us specific problems in your area. What we're going to do is assign officers in an off -duty capacity at different days of the week to go in there and to target those problems. So, you'll actually see additional officers. Ms. Carlton: Because I'm active with NET. Chief Ross: Yes, ma'am. Ms. Carlton: OK. Thank you very much. Mayor Suarez: Very good. Thank you, Anne. We've got Kirbie McKnight... Irbie McKnight. -! Mr. Irbie McKnight: Good morning, my name is Irbie McKnight. I live at 224 NW 12th Street. I am here today to report 211 NW 12th Street. We call it the -=' house of ill repute. There has been a murder there on election... the 3 national election day. There was another murder there on Christmas day and �? there was one on the last day of the Grand Prix. I have called the police 57 =s times in 193 on this particular address, right across the street from me. I 67 March 25, 1993 11 1.1 went to the Neighborhood Resource Officer at the NET building in Overtown and I asked him to please do something about it and I asked him to get from the Police Department all of those telephone calls I made. He did and the printout is longer than I am tall. There were 54 arrests made. These people sell drugs openly, 24 hours a day. I contacted Commissioner Alonso. She in turn had a police officer come out who made an arrest. No matter when you go there, you can actually make an arrest. At night, it looks like the Halloween haunted house from the freebase pipes that we can see glaring in the window. I wrote a letter to the Mayor a year and... thirteen months ago. I described the body of a white female found dead in a car behind the mini -station in Overtown eight hours. They're there all day long with a dead body in back. The same day, an 11 year old girl was shot in a drug exchange. I received a letter from the Mayor telling me that my letter of complaint had been referred to the proper department being the Police Department. I received a letter from the Police Department telling me that the NET program would... has been in the community and has made arrests. But the incidents I have mentioned have all happened since the NET program has been in the area. If you contact Officer Ford, the Neighborhood Resource Officer whom I had do the ground work with me on the documentation, it is all there. Please have something done with 211 NW 12th Street. Mayor Suarez: You have a very specific tail for action and I think the appropriate response is to figure out a way to close that place down and do whatever it takes. So, we're going to take that one to heart, Irbie. Very good. Mr. McKnight: Thank you. Mayor Suarez: Sam Mason. Commissioner Plummer: You see, the problem is if you close it down, they just go somewhere else. Mayor Suarez: Well, the national figures and the national literature and all the studies indicate that the more you tackle problems and dislocate them, move them, you actually impact them. Because they... at some point, they can't go anywhere. So, I mean, we've got to keep trying. If they end up in the suburbs, well that's somebody else's department. Commissioner Plummer: Mr. Mayor, you've got a City park at the corner of a Hibiscus and Grand. It's the southern distribution center for cocaine. Are you going to close the park? Mayor Suarez: I don't think so. All right. Sam? Commissioner Dawkins: No, but I think, Mr. Mayor... what the Mayor is saying is, if you put a police car there, the guy coming to buy the cocaine will see the police car and he will go someplace else. He can't wait until the police f car to buy his... to make his buy. So, you throw him out of sync. Mayor Suarez: Sure, the more you deter them, the less likely they are to do it. Commissioner Plummer: Well, I... 68 March 25, 1993 0 11 Mayor Suarez: Here or anywhere else. There's no question about it. Sam. Mr. Sam Mason: Mr. Mayor, members of the Commission, good morning, Manager. My concern... First I want to thank Commissioner Dawkins and Commissioner Plummer for giving you the little history about the Northslde Pollee Station and what it was all about, what agreements were made, et cetera. I was one of the persons who had the chore to implement that station, to put it together and we intended for some great things to happen in our community as it relates to the deployment of police officers in our area, that a better working relationship would come about this with the police officers and the community. That would be a tremendous change. We didn't want that wall built around the police station. We thought that the young kids in the neighborhood would see the officers when they Would have roll call, would admire the officers and sae them drive up in their cars and maybe one day they would want to be officers. We thought it was going to be a deterrent, so we were kind of disappointed in what happened in terms of the station. But in terms of deployment, we want to talk about Model City. We want to talk about 7th Avenue, the business district, the economic piece of our community. This has been completely neglected. We have a joint venture with the City of Miami in a building called Martin Luther King Business Center, one of the finest pieces of real estate in that area. We have people who go on the roof, take the air conditioners apart, take all the copper out. They break in the windows. The police station is right down the block. There are no officers assigned to that area. There is Southern Bell, FP&L (Florida Power and Light), the Water Company. The amount of money that is transferred in there, if that's... if those businesses would be anywhere else, we would have an officer stationed there. The people who come up, senior citizens who bring cash money to do their transactions because they don't have a checking system. All this is here and what we have is no officers. At night, forget it. We have to close down because at night they just take over because there is no deployment of police. Now, through the years, we've talked about who is assigned to our area, how many officers. We've had meetings out there. Commissioner Dawkins has held workshops out there. We tried to find out exactly how many officers are assigned. How many officers are assigned we don't know yet. Now, we worked very closely with the Police Department and everyone out there. That's our .job. We are the eyes and ears of the community and what we're saying that this deployment, a situation that's related to our community, should be, I think, taken another look at it. Thank you. Mayor Suarez: Thank you, Sam. Nancy Newton. Ms. Nancy Newton: My name is Nancy Newton, I live at 5911 NE 6th Avenue in the City of Miami. First I would like to apologize if I ramble, because I did not come here today to speak on this item. I came for another person... another item. Mayor Suarez: You won't have to apologize, because we won't... Ms. Newton: But I am... Mayor Suarez: ...we won't let you ramble. So... 69 March 25, 1993 Ms. Newton: I am frustrated, as I see the frustration here from the other Commissioners. I'm a prime example of what we're talking about here today. In less than two years, my home or myself has been violated nine times. I sat on my front lawn for eight hours, waiting for police response when my home the doors were kicked in. Everything that was dear to me was taken and I sat there and I waited for someone to come. Each of these nine times, it was a similar experience because my crime was not serious enough. Twice I was sleeping in my home when I was broken into. Once I arrived home as I was being broken into. Now, maybe my crimes don't deserve answers, but I don't feel that way. I pay my taxes and I own a business in the City of Miami and I am frustrated. Do not ever tell me again that I don't deserve the police because someone else is getting shot or murdered. I'm sorry about that, but I'm sorry about my life as well. I would also like to say that I had a diamond ring that was very precious to me - it had nothing to do with money - that was stolen from my home when I was there. Three people were the only people possible that could have taken that and I could not get a policeman to my home to question these people and I have to this day never had a policeman investigate that loss. Thank you very much. Mayor Suarez: All right, ma'am. Eugenio Munoz. Mr. Eugenio Munoz: Commissioner, Mr. Mayor... Commissioner Plummer: You know my question, Mr. Mayor, is what else do you have to hear besides that, which is the story we hear day in and day out? Commissioner Dawkins: J.L., you're cutting the public off. Commissioner Plummer: What else can be said? Commissioner Dawkins: You're cutting the public off, though. Commissioner Plummer: If that is not what we are confronted with day in and day out, and yet we're told that we're trying to bring everything under control. I'm saying that's the kind of stories that we hear all day long. Commissioner Dawkins: Go right ahead, sir. Mayor Suarez: Yeah. The testimony speaks for itself. That's certainly true. Yes, sir. Mr. Munoz: I bought a home in this City exactly a year ago. Mayor Suarez: Do you want to give your address, Mr. Munoz? Commissioner Dawkins: Name and address, sir. Mr. Munoz: 3601 SW 26th Street. I am now selling that home, broken in six times, the last one been knifed as I was walking in the door. I just want to get that point across. I also... And I'm going to write a letter to each one of you. I also own business in the City. I'm... A security company. We had set up a program in Homestead after the hurricane hit which has helped the Police Department. What we have done is put guards on every hot spot in the City, as *rained guards that go through 104 hours of training, at each corner 70 March 25, 1993 and location and what they do there is not be police officers, but assist the _ police officer in being their eyes. And that's something that if you would_ like more information on it, I'd be more than glad to send it to each one of your offices. Mayor Suarez: Please provide that, yes. Mr. Munoz: Thank you. Mayor Suarez: All right, sir. I have two more here - besides Mr. Broeker who I understand left because his item is going to be rescheduled and Mr. Johnakin who we heard from extensively - and that's Elio Rojas. Is he still here? Commissioner Plummer: He was here. Mayor Suarez: And Luis Machado. Commissioner Plummer: Elio Rojas was here. Mr. Luis Machado: My name is Luis Machado and I'm a tourist. I'm planning on relocating here in the future. My question is addressed to the chief. - Mayor Suarez: Can you give us like an address, sir, to... Mr. Machado: Sure. Mayor Suarez: ...for anything that we may have to... Mr. Machado: I'm currently staying at 3921 NE 2nd Avenue, Miami. On Sunday, I saw my car being stolen, saw it drive away. By the time I got down there, he was gone, he turned the corner. An officer just happened to drive by. I told him about it. He told me that Miami law stated that he could not pursue and apprehend the subject. The only thing he could do is just report it. And My question to you is what is the logic of that law? Because if I would have gotten there maybe a few seconds earlier, I would have done his job. Chief Ross: Sir, I don't know the circumstances under which the officer was addressing your question. Mayor Suarez: Chief, if you have a fleeing felon and it's clear that he has ... Chief Ross: Well... Mayor Suarez: ...we'd be able to... Chief Ross: Yeah. But I think we addressed this and Commissioner Plummer, you know, was instrumental in pushing that point very strongly about police officers pursuing and not pursuing. Mayor Suarez: Oh, in car chases. But as far as the ability to... Chief Ross: But... 71 March 25, 1993 Mayor Suarez: ...arrest the person, you would have that. Chief Ross: Yes. However... Commissioner Plummer: No, that was not his point. Chief Ross: That's why I'm saying, I don't know the context under which... Commissioner Plummer: His point was pursuit. Chief Ross: ...his question is being asked, because if he... if the officer advised him that this is a hot pursuit or a police pursuit issue, that's one thing. The officer does have authority to try to make the stop. I don't know and I would like to have someone to speak with this gentleman so that they can hear the details and also find out who the officer was so we can hear both sides of the story, so that we don't answer inaccurately here. Mr. Machado: Well, if you give me an address, I'll have all the information in your office before the day ends. Chief Ross: I'll have someone speak with you right now, sir. Mayor Suarez: In fact, we'll do better. We're about to break up in two minutes and they'll talk to you directly. They are all right here - all the high ranking officers. You'll get a direct answer. Mr. Machado: Thank you. Mayor Suarez: Elio, we may have to end the morning with you. I don't mean that the way it sounded. Mr. Elio Rojas: My name is Elio Rojas, executive director of the Latin Quarter Association. Mayor, Commissioners, I've been working with the merchants from Calle Ocho since a few years ago and the Pequena Habana. I'm very, very concerned about the crimes on Calle Ocho. It's terrible. I've been together - including with the Chief of Police one time in my office - every last year. In fact, yesterday I had a meeting with Assistant Chief of Police Martinez with the merchants, the required emergency meeting. They had a robbery, broken windows, up in the roof. It's one day after the other, day and night, the drugs and everything. We required... We've been required for a long, long time walking beat. At the nighttime... daytime, we have a walking beat. Also we have the horse. I wish we could have three horses in Calle Ocho day and night. That's terrific for us. Mayor Suarez: Yeah. That reflects the feelings of a lot of citizens. They like the mounted patrols. They mathematically or quantitatively or technically, they don't always seem to be the most effective, but the citizens seem to love them. Commissioner Plummer: That's so true. They're very limited in what they can do. Mr. Rojas: They told me... They called me yesterday. They said they would have a walking beat during the nighttime, between 6:00 and 9:00 o'clock in the 72 March 25, 1993 evening. And in fact, I was on the phone right now to car five, the man was... the officer was there. It was a . In fact, I have the sergeants told me this morning... Commissioner Plummer: NET or nat? Mr. Rojas: ...he got to speak to the sergeant last night and the sergeant say he has a man... assigned a man to walk in Calle Ocho between 6:00 and 9:00 o'clock in the evening and called my office now to verify with the merchants it was yesterday in my office. We got the numbers, we got the names and she called everyone of them. And the answer was not. The officer was not working last night. Commissioner Plummer: I rode last night Calle Ocho from 27th Avenue to the expressway at 9:30 at night. You could have shot a rocket off and not heard anybody. There was nobody on the streets. They're scared. Commissioner Dawkins: Mr. Mayor, I'd like to say... Mayor Suarez: Well, they're watching TV or they're sleeping. I mean, you —_ know, a lot of different reasons for not being out there, J.L., but... Commissioner Dawkins: You finished? Mayor Suarez: We have Mr. Johnakin after you and then that closes the testimony. Commissioner Plummer: Businesses are closed? Mayor Suarez: Commissioner. Commissioner Dawkins: I'll wait until he finishes. Mayor Suarez: All right, Elio. Mr. Rojas: OK. Thank you. Commissioner Dawkins: OK. I'm the one who... I'd like to say before you close, I want it perfectly clear to the Manager that this Commission realizes that we have dedicated police officers, dedicated to trying to make Miami safe while they're here, so when they leave and go home, they will leave it safe. I have no problems with that and I want everybody to know that. But by the same token, somebody must tell me and show me - as was already said - graphically, that our police force is adequately deployed to fight crime. Thank you, Mr. Mayor. Mayor Suarez: OK. Mr... Commissioner Plummer: Mr. Mayor, gust let me echo what my colleague says that the policemen that I talk with do an excellent job and the man on the street - the man that is doing the work - actually says get the restraints and let me do police work, not secretarial. Let me do police work. That's what I was hired for. And I want to tell you something. With few exceptions, we've got a very fine Police Department. You're always going to have some that will go 73 March 25, 1993 r] bad. No questions. We understand that. But by and far, I will stack this Police Department up against any of them, but they've got to have the restraints taken off and let them fight crime. Mayor Suarez; Very good. Mr. Johnakin: Thelbert Johnakin, 1345 NW 51 Street, chairman of Model City Crime Prevention Subcouncil. Just listen to some of the things that I'm hearing here. If you just have any idea as me, as a citizen, as a chairperson of a crime prevention group in the Model City area, at the problems and the questions and the cries that I hear. I live right around the corner from Commissioner Dawkins. When Commissioner Dawkins isn't home, they come to Johnakin's home. And it's very serious. Not up on this Chief here, not up on the Chief Ross. Chief Ross, I think, was out there now... Chief Ross, the thing that he's talking about, making the change. I think it's going to be good. But I have this packet here and I made it out to each Commissioner who is here. It was back a while and every 'time I hear it, I get angry, because I am the only one who knows this program. I started this program up and I know how to work this program. But this program was taken out of my hand by somebody walking in the City Police Department, not under this Chief, walking In there, taking the program and changing the name. This was Model City Crime Prevention Task Force. It was changed to POP (Push out the Drug Pushers), which is a good name. I have nothing wrong with the... The name is excellent, but it was this program was put together by Johnakin and another lieutenant of the Police Department. This is a City of Miami Police Department program. OK? We have it. I have another proposal and everything all started up for you at home. I've been holding it. We have the central station for our POP team. We have the south station for a POP team. Like Commissioner Dawkins says, why don't they have a POP team? We know how to make these programs work because we organize these programs. And I get very upset when I hear something about this program because this is my program. This is a City of Miami Police Department program. I am their chairperson. It's not that chief there. It's not that chief there that lets somebody walk in. I asked this chief when he first walked in. I said, "Chief Ross, promise me one thing. Never let another citizen walk in and take a program that your Police Department organized." Thank you. Mayor Suarez: All right, sir. Thank you, Mr. Johnakin. We'll make sure that never happens again. Ladles and gentlemen, the request... Vice Mayor De Yurre: Mr. Mayor, in closing... Mayor Suarez: Yes. Vice Mayor De Yurre: ...I do have to make this motion for the implementation of this program that was addressed here today. Commissioner Dawkins: I call the rule. Commissioner Plummer: You're talking about the $300,000? Vice Mayor De Yurre: Yeah. Commissioner Dawkins: Go ahead. I won't call the rule. Go ahead. 74 March 25, 1993 Commissioner Plummer: How can you pass that without having a budget? Mayor Suarez: It's... Commissioner Plummer: Oh, the rule is called. That it right there. Vice Mayor De Yurre: No, he didn't call it. He took it back. Commissioner Dawkins: Go ahead. Vice Mayor De Yurre: A resolution authorizing the financing of a... Commissioner Plummer: Wait a minute. Excuse me. Mayor Suarez: He did not invoke... Commissioner Plummer: Did he take it back? Mayor Suarez: He did not invoke it. Commissioner Plummer: I invoke it. Commissioner Dawkins: No. Yeah, I took it back. Yeah, I took it back. Commissioner Plummer: I invoke it. Mayor Suarez: Old. Commissioner Dawkins: ...invoked it earlier. Commissioner Plummer: No, I invoke it, until I get some kind of a budget. Mayor Suarez: All right. We'll... Commissioner Plummer: And you can't ask me just to allocate... Now, if they're going to tell me that the $300,000 is going to implement the civiiianization of these positions, which is roughly $300,000... Mr. Odio: You cannot use Law Enforcement Trust Fund to fund regular positions in the budget. Commissioner Plummer: Then give me, Mr. Manager... Mr. Odio: You can only use Law Enforcement Trust Fund for overtime purposes, according to the attorney general... Commissioner Plummer: That's fine. Mr. Odio: ...for the purpose of this task force and I'm asking you if we go ahead and keep this offensive going, that we approve this $300,000... Commissioner Plummer: Mr. Manager... 75 March 25, 1993 Mr. Odio: ...so we can put these officers out on the street. Commissioner Plummer: Give me a budget and I will withdraw my invoking of the rule. When you come here and blanket ask for $300,000 that I, who am charged with the responsibility of knowing where that money goes, and I have no answers, you can't ask this Commission to vote on it in blanket. Commissioner Dawkins: Tell him you'll get a budget to him for this afternoon. Chief Ross: Mr. Manager, the $300,000 that is being asked for is for a protracted complex investigation - the same type of investigation that you have brought before the Commission on numerous times in the past... Mayor Suarez: Chief, is it feasible... Chief Ross: ...and they have approved. - Mayor Suarez: ...so we don't argue about this unnecessarily, to have a budget to him for 2:30 reconvening of this Commission? Commissioner Dawkins: And let... Chief Ross: I'm sorry? Mayor Suarez: Is it feasible to have a rough sketch of a budget for a 2:30 reconvening? He's only going to be here a half hour today. He's leaving at 3:00 o'clock. Commissioner De Yurre... Vice Mayor De Yurre cannot be back until 2:30, so my idea is to meet at 2:30. And if you can get that to him and at that point he withdraws his objection... Chief Ross: Mr. Mayor... Mayor Suarez: ...we may be able to pass the item. I don't know. Chief Ross: Mr. Mayor, to the degree that we can. But please, let me say this that protracted complex by definition, indicates that... Mayor Suarez: I understand. Chief Ross: ,..it cannot... you cannot reveal the way... Mayor Suarez: I understand, but... Chief Ross: ...the investigation is going to occur. Mayor Suarez: But in a global sense because he is the Commissioner on the Commissioner Awareness Program... Commissioner Plummer: So I can trait that money to know where it's going. Mayor Suarez: ...charged with reviewing these kinds of things. If you give him a little bit more... 76 March 25, 1993 Chief Ross: We can... Mayor Suarez: ...than ,gust the resolution, that would be... Chief Ross: We will meet with him after... Mayor Suarez: All right. Chief Ross: At lunch time. Mayor Suarez: And pay for his lunch, please. Commissioner Alonso: Mr. Mayor, may I ask a question? Commissioner Dawkins: Yes, Mr. Mayor... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: Mr. Manager, this money has already been used? Mr. Odio: No. Commissioner Alonso: Or it's going to be used? Mr. Odio: I'm saying we're going to use it. Commissioner Alonso: So, you have not used the $300,000. Mr. Odio: No. No, we have not. Commissioner Alonso: This is not after the fact. Mr. Odio: No, it is not. Commissioner Alonso: Thank you. Commissioner Dawkins: OK. Mr... Commissioner Plummer: Where is the money coming for the civilianization of these positions? Commissioner Dawkins: Mr. Mayor... Mr. Odio: Law Enforcement Trust Fund. Commissioner Dawkins: Mr. Mayor.... Mr. Odio: The civilianization... Commissioner Plummer: Huh? Mr. Odio: ...is coming from the budget. It has nothing to do with... Commissioner Dawkins: Mr. Mayor... 77 March 25, 1993 nm Mayor Suarez: ...have to get Mr. Ramos. Commissioner Plummer: When will these 39 be implemented, Mr. Manager? Mayor Suarez: I don't know where his name went... Commissioner Dawkins: OK. Me either. Mayor Suarez: ...but it's around here somehow. Mr. Odio: Commissioner, I have told you this many times. I have told you just about ten minutes ago that we have a problem with residency. We have to_� find people that live in the City of Miami. Commissioner Plummer: That was the PSA (Public Service Aide)... Sir, this is... Mr. Odio: Miami. No, no. Also civilians. The civilians have to live in the City of - Commissioner Dawkins: Mr. Mayor... Mr. Odio: And we're having problems, because... Mayor Suarez: Yes, Commissioner and then Mr. Ramos... Commissioner Dawkins: OK. Mayor Suarez: ...somehow your request was lost, but I know that it was received up here, so it's around here. So, we're going to have... Commissioner Dawkins: Mr. Mayor, I'd like to say to... Mayor Suarez: Yeah. Commissioner Dawkins: ...Vice Mayor De Yurre, this morning I explained and he already voiced his concern. That's why I didn't wait for him. Mr. De Yurre, I explained to the Commission what the Hyzinger Group had said to us about removing our flexibility of applying for money that we could utilize to keep something in that arena year round. And it's the consensus of this Commission that the statement made by you and I the other day that we would... this Commission would never, ever relinquish that flexibility, the others said they agreed. I'm going to meet with them at 12:30. Commissioner Plummer: When? We're seven months into budget. Commissioner Dawkins: I need to have a yes or no from you, because... Vice Mayor De Yurre: You have a yes. Commissioner Plummer: When? Mayor Suarez: Mr. Ramos. 78 March 25, 1993 Aft Mr. Guillermo Ramos: Yes. My name is... Mayor Suarez: And we end the morning hearing with this, Mano. And I'm sure at lunch you're also going to treat the Commissioner, to his favorite food and drink and... Mr. Ramos: Yes. Good afternoon, members of the Commission, Mr. Odio, Chief, et cetera. Yes, I'd like to say something. My name is Guillermo Ramos and I have a business in 120 NE 27th Street in Miami, downtown Miami. I want to say something about that area which is practically in shambles. I have been many, many times complaining about the conditions of the whole area, including garbage, including police attention, drugs, et cetera. Everything is happening there. I want to say something. I have been calling the police many times. Sometimes I have response. Sometimes I do not have response at all. I have been contacting Mr. Odio, trying to contact him and every time I call the City of Miami at his office, I am told that he's not in the City. He's not there. He's away. Once, I remember, I could catch Mr. Smith, which is the second. He came to the area and we had a tour about the area and I explained to him all that is happening there. That is a completely... It's... Sorry about my English. Sometimes I cannot find the right word. But the area is in bad shape. Nobody takes care of the area. This is neglected completely. Behind my building which goes to what is supposed to be 1st Avenue, actually is railroad track. There is all kind of crack smoking there and all types of problems there. Commissioner Plummer: It's everywhere. Mr. Ramos: I'd like to know... I'd like to say that we cannot continue in this condition. Something has to be done. I am not for more police, for deployment of more police. I am mostly for the type of police that is quality police. We don't have that type of police in Miami. The police of Miami go around and around and do not do anything. Every time I see a police patrol, he's writing a report. Not long ago, I was... Mayor Suarez: Commissioner Plummer indicated that the estimates are that 50 percent of the time, they have to be engaged in that... Commissioner Plummer: Excuse me. That was the Chief's estimate. Mayor Suarez: Yeah. Commissioner Plummer: It was about 50 percent. Mr. Ramos: Not long ago, I went to about two blocks away from where my business is located... Mayor Suarez: But that is due to other constraints and other legal requirements. It is not due to their wishes, believe me. Nobody likes to �_ write reports, that I know of... Mr. Ramos: And I... Mayor Suarez: ...except Mano. He loves to write reports. �j 79 March 25, 1993 Mr. Ramos: I asked for the... Commissioner Plummer: Don't mean anything, but he writes them. Mr. Ramos: ...help of a policeman and he cage to my place. He didn't want to come to my place because behind my place is a very dark area and they are afraid to go to that area. The police do not visit that area. I'm talking specifically about 26th Street NE and the railroad track. That's between Miami Avenue and 2nd Avenue. There is a big building there owned by... It's completely deteriorated, that building. There was a building on 27th Street between Miami Avenue and the railroad track that was occupied by the Greyline Bus lines. They moved out not long ago - about six, seven months ago - and it was about a month with a sign there, "For rent or for sale." After one month or so, in three days, the place was totally vandalized. Commissioner Plummer: Oh, yeah. Mr. Ramos: Totally. It was completely destroyed and the police didn't show up, Commissioner Plummer: That's the homeless. Mr. Ramos: And the building has no value practically, actually. There is another building across the street right there, which is occupied by what they call homeless. Those people I do not consider homeless. These people is not the problem... Their problem is not the home. The problem is that they are problem people, drug people and these people should be taken out of that place, because these are the people who are giving us the problems in that neighborhood. I've been trying to contact Mr. Odio to explain the situations of that specific two blocks... Mr. Odio: Sir, what is your name, please? Mayor Suarez: Guillermo Ramos, he stated on the record. Mr. Ramos: Guillermo Ramos. Mr. Odio: I did talk to you. Mayor Suarez: OK. We're going to get his address, Mr. Manager, because you along with ourselves are interested in his inability... perceived inability to reach us and I think it might be a good idea for somebody to visit him at his home. What was your address, Guillermo? Mr. Ramos: My address... My home address is in Morningside. Morningside is another place which has a lot of problems everyday, burglaries and... Mayor Suarez: I'm sorry I asked for your address... Mr. Ramos: I don't know what I'm going to do. Mayor Suarez: ...because I'm going to get another... Mr. Ramos: It's 670... 80 March 25, 1993 Mayor Suarez: ...what we refer to as "DESCARGAS" about another area of the City. But what is your address again? Mr. Ramos: 670 NE 56th Street. Mayor Suarez: All right. Mr. Ramos: That's Morningside. I want to say... Commissioner Plummer: Where is... Mr. Ramos: I want to... Because I never... Mayor Suarez: Whenever... Commissioner Plummer: Where is your business? Mr. Ramos: Huh? Commissioner Plummer: Where is your business where the problems are? Mr. Ramos: My business address is 120 NE 27th Street. Mayor Suarez: I'm glad he asked that because that seems to be more relevant to your concerns that... Mr. Ramos: Yes, I am engaged in furniture... design furniture. We... Mayor Suarez: What's the name of the store. Mr. Ramos: We manufacture... We have a store in the design district. There is the workplace... the workshop. Mayor Suarez: OK. What is... OK. Mr. Ramos: We have Mr. De Yurre as a customer. Commissioner Plummer: Uh-oh. Mr. Ramos: All right. I'd like to give this, because I never had the opportunity to talk to Mr. Odio and I'd like to... Mayor Suarez: All right. Well, we're going to give you that opportunity, but we're going to break... Commissioner Plummer: Is that for that palace on the bay? Mr. Ramos: ...to give Mr. Odio... Mayor Suarez: ...but we're not going to do that in session. OK? So, we thank you for your time and your testimony. And you're going to have him now for a couple of minutes on his way out and you make sure that if he doesn't answer your calls or someone from his office, call us. Call the Commissioners, right? j:; 8i March 25, 1993 Mr. Ramos: All right. Mayor Suarez: Thank you, Mr. Ramos. Mr. Ramos: I'd like to talk to Mr. Odio. That's all. Commissioner Alonso: What time are we coming back today? - Mayor Suarez: Two -thirty, I'm sorry. We're adjourned until 2:30. That gives Commissioner Plummer at least a half hour to listen to... Commissioner Plummer: Mr. Mayor, as I asked, I would hope that when we come back we'd take up the Camillus House. �-- Mayor Suarez: Yes. Commissioner Plummer: I'd like to be here for that discussion. Mayor Suarez: Yes, sir. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:24 P.M. AND RECONVENED AT 2:40 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT WITH THE EXCEPTION OF COMMISSIONER ALONSO AND VICE MAYOR DE YURRE . 8. CONSENT AGENDA -- BRIEF DISCUSSION ON CA-4. Mayor Suarez: Ladies and gentlemen, we reconvene in regular session. Planning and Zoning pretty soon, but we have a few mornings left... a few items left over from the morning, not a few mornings left over from the item, including the consent agenda and I think that it's appropriate to take that up and move quite quickly. I know you've got an item having to do with the vendors. Commissioner Plummer: No, for that particular... Mayor Suarez: I'm sorry? Commissioner Dawkins: J.L. Plummer wanted something brought back at 2:30. Are you... Commissioner Plummer: The Camillus House, sir. Mayor Suarez: OK. Commissioner Dawkins: Huh? Commissioner Plummer: The Camillus House is the only one I... 82 March 25, 1993 i ti �� 4 Mayor Suarez: Do you mind if we do the consent agenda really quick? You guys... - - Commissioner Plummer: I have one item to pull on the consent, Mr. Mayor. Mayor Suarez: OK. What item is that? Do you have any, Miller? Vice Mayor De Yurre: Well, can we go back to the $300,000? Commissioner Plummer: Yes, sir. Yes. Vice Mayor De Yurre: Do you have it? Commissioner Plummer: I have it here. Mr. Manager, I'm concerned on item 4. We have a contract with the people who live at the docks back here and... Mr. Cesar Odio (City Manager): Well, they are not... Commissioner Plummer: ...according to the report which I read, I find nothing anywhere in which the City is demanding payment for noncompliance of the contract. And one step further, Mr. Manager, I received a call this morning, Mr. Mayor, from the boat out here, the French boat, that party boat, is getting ready to be sold and so that they will not be able to be attached by anything by the City of Miami. I'm very concerned, Mr. Manager, that we have some $4,000,000 worth of damage. We have a report - I don't know if you saw that - done by a person who lived here at the Dinner Key Marina, that 140 boats absolutely broke their contract and In other marinas those 140 people, first of all, would not be let back into the marina when it was repaired and — second of all, we have absolute claim for damage because they refused to live up to their contract. I have not seen - I've asked three times - where is any proof that we are making demands on these people for the millions of dollars that we lost. Mayor Suarez: I'm going to recommend a special counsel... he's not here, so... Commissioner Plummer: For that item? Mayor Suarez: That's not easy to do, yeah. Commissioner Plummer: Well, however you want to do it, but we're... Mr. Manager, we were what? Four point two million dollars in damage that primarily was caused by these boats not leaving. Mr. Odio: Somewhere in there. Commissioner Plummer: OK. That's... You know... Vice Mayor De Yurre: OK. J.L., can I move this in? Commissioner Dawkins: Wait, we're getting ready the consent agenda first. 83 March 25, 1993 Co,,mmissioner Plummer: Victor, I want to get something on the record on that, please. Commissioner Dawkins: OK. Let's get the consent agenda. Mayor Suarez: OK. Commissioner Plummer: The what? Commissioner Dawkins: You're going to do the consent agenda? Mayor Suarez: Do you have anything else that you want to clarify and then... Commissioner Plummer: All but item 4, that's what I pulled, Miller. Mayor Suarez: OK. Commissioner Dawkins: OK. I pull five. Mayor Suarez: OK. Mr. Odio: Well, this item here has nothing to do with what you're talking about, Commissioner. Mayor Suarez: OK. But on his issue, Mr. City Attorney, apparently we... Commissioner Plummer: Oh, excuse me. It does, Mr. Manager. It does have something to do. Mr. Odio: These are... Commissioner Plummer: I don't want those people who broke the contract with the City to have any way that they can get back into that marina. Mayor Suarez: OK. I think... Mr. Odio: These are the commercial slips. These are commercial slips. Mayor Suarez: OK. But just to solve that issue... Mr. Odio: These are not the... Mayor Suarez: ...instead of arguing whether it's relevant to item 4, City Attorney, you have people on staff who are competent to try to do a prejudgment attachment on that boat or impose a lien? A. Quinn Jones III, Esq. (City Attorney): I have... Commissioner Plummer: Where does it say... Where does it say commercial? Mayor Suarez: Why are we going to argue that? Mr. Odio: ...find the... 84 March 25, 1993 Commissioner Plummer: Ratifying, approving the City Manager's action and authorizing a 15 percent temporary rate reduction in dockage fees for Dinner Key Marina... Mr. Odio: See... Commissioner Plummer: ...as deemed applicable for specified slips during the period of hurricane damage repairs. I don't see a word commercial there anywhere. Mayor Suarez: Well, they're all... Mr. Odio: In your backup material... Commissioner Plummer: Sir, I'm reading here... Mr. Odio: ...it says to expedite repairs in the retention operations... Commissioner Plummer: I'm reading here what the public reads. Mr. Odio: No, I'm reading the backup. The backup clearly states... Mayor Suarez: The only one we have that is commercial is that one - the French one - right? Mr. Odio: It's commercial. One, two and nine are the commercial slips and they don't have now hookups, so we're trying to keep them there... Commissioner Plummer: All right. So, 1n other words, what you're saying is this is for commercial and how long a period of time are you speaking about? How long is temporary? Mr. Odio: Until we... we build... Mr. Wally Lee (Assistant City Manager): Until we award the contracts. Commissioner Plummer: How long is temporary? Mayor Suarez: Give us an estimate. Mr. Lee: I would say a maximum... Commissioner Plunner: Is it six months? Is it two months? Mr. Lee: ...a maximum for the completion of Dinner Key Marina of six months. Commissioner Plummer: No, for these slips that he's speaking of. Mr. Lee: Well, that's part of it, Commissioner. That will be repaired also. Commissioner Plummer: OK. How long? Mr. Lee: Four months. 85 March 25, 1993 Commissioner Plummer: That's fine. I will accept item 4 with a four month provision for those that are of the commercial nature which were in compliance with their contract and slid not cause any damage to the marina. Mayor Suarez: OK. Any that... Commissioner Plummer: I will so move. Mayor Suarez: So moved, for all those that were in compliance for a maximum period of four months. So moved... Commissioner Plummer: Yes, sir. Mayor Suarez: ...on item... Commissioner Plummer: That's item... Commissioner Dawkins: We move... OK. Mayor Suarez: the... And we're going to do that individually when we go back to =- Commissioner Plummer: That's CA... Commissioner Dawkins: Why don't we move one through four... Commissioner Plummer: Well, four... Mayor Suarez: Because that's four. Commissioner Plummer: That was four that I just... Mayor Suarez: four has been moved and then we'll deal with five and then we'll go back to just vote the consent agenda. Commissioner Dawkins: Well, OK. No problem. Mayor Suarez: OK, please. Yeah. We have a motion. Do we have a second? Commissioner Dawkins: No, let me do it this way. I would rather move one through four, because I'm just pulling five... Mayor Suarez: OK. I'll let... If you withdraw your motion, I'll entertain a motion on items CA-1 through CA-3. Commissioner Plummer: So moved. Mayor Suarez: OK. Thank you. Ladies and gentlemen, we're going to move collectively on item CA-1 through CA-3. If anyone wishes to be heard on any of them individually, please come forward. Let the record reflect that no one did except Jim Kay who obviously wanted the item to be voted on. Please, call , the roll. - 86 March 25, 1993 THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, THE CONSENT AGENDA ITEMS WERE 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: None. ABSENT: Commissioner Miriam Alonso 8.1 EXECUTE A GRANT AGREEMENT ($4,000), PROVIDING FOR FUNDING OF PASS - THROUGH GRANT WITH METROPOLITAN DADE COUNTY -- FOR PRODUCTION AND PROMOTION OF THE ROYAL POINCIANA FIESTA. RESOLUTION NO. 93-194 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND IN ACCORDANCE WITH GRANT REQUIREMENTS, IN THE AMOUNT OF $4,000, PROVIDING FOR THE FUNDING OF THE PASS -THROUGH GRANT WITH METROPOLITAN DADE COUNTY, FLORIDA, FOR THE PRODUCTION AND PROMOTION OF THE ROYAL POINCIANA FIESTA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 8.2 DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON CITY -OWNED PROPERTIES IS BY A UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE CITY MANAGER TO PREPARE DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP -- SET PUBLIC HEARING REGARDING RFP FOR DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON WATERFRONT PROPERTY AT 3501 RICKENBACKER CAUSEWAY. RESOLUTION NO. 93-195 A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON PROPERTIES OWNED BY THE CITY IS A UNIFIED DEVELOPMENT PROJECT (UDP); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP) FOR A UDP; AND SETTING A PUBLIC HEARING FOR MAY 13, 1993 AT 3:60 P.M. TO TAKE TESTIMONY REGARDING SAID RFP FOR THE DEVELOPMENT OF A BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON APPROXIMATELY 4.5 ACRES OF CITY -OWNED WATERFRONT PROPERTY, LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA; AND AT THE CONCLUSION OF SAID PUBLIC HEARING, IF THE CITY COMMISSION IS DISPOSED TO PROCEED, AUTHORIZE THE - 87 March 25, 1993 ISSUANCE OF A RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY CHARTER SECTION 29-A(c) AND CITY CODE SECTION 18-52.9. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 8.3 AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH ARTHUR ANDERSEN AND CO., CERTIFIED PUBLIC ACCOUNTANTS, WITH PARTICIPATION OF SHARPTON BRUNSON AND CO. -- TO ANALYZE FINANCIAL VIABILITY OF PROPOSAL SUBMITTED IN RESPONSE TO REQUEST FOR PROPOSALS (RFP) FOR DINNER KEY BOATYARD AND MARINA UNIFIED DEVELOPMENT PROJECT -- CITY TO BE REIMBURSED, FOR EXPENSES INCURRED AND MONIES ADVANCED, BY THE SUCCESSFUL PROPOSER UPON EXECUTION OF A NEGOTIATED DEVELOPMENT AGREEMENT. RESOLUTION NO. 93-196 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARTHUR ANDERSEN & CO., CERTIFIED PUBLIC ACCOUNTANTS, WITH THE PARTICIPATION OF THE MINORITY - OWNED ACCOUNT-ING FIRM OF SHARPTON BRUNSON & CO., TO ANA-LYZE THE FINANCIAL VIABILITY OF A PROPOSAL SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS FOR THE DINNER KEY BOATYARD AND MARINA UNIFIED DEVELOPMENT PROJECT ISSUED ON AUGUST 7, 1992; AUTHORIZING COMPENSATION FROM FUNDS AVAILABLE IN THE FISCAL YEAR 1993 PROFESSIONAL SERVICES ACCOUNT OF THE DEPART-MENT OF DEVELOPMENT AND HOUSING CONSERVATION BUDGETED FUNDS, TO BE REIMBURSED TO THE CITY BY THE SUCCESSFUL PROPOSER UPON EXECUTION OF A NEGOTIATED DEVELOPMENT AGREEMENT, FOR SERVICES NOT TO EXCEED AN AMOUNT OF $25,000, PLUS OUT-OF-POCKET EXPENSES NOT TO EXCEED AN AMOUNT OF $3,000, FOR THE PERIOD COMMENCING UPON EXECUTION OF THE PSA AND ENDING UPON COMPLETION OF PROFESSIONAL SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 88 March 25, 1993 11 11 8,4 RATIFY CITY MANAGER'S ACTION IN AUTHORIZING A 15% TEMPORARY RATE REDUCTION IN DOCKAGE FEES FOR DINNER KEY MARINA FOR SPECIFIED SLIPS DURING HURRICANE DAMAGE REPAIRS. Mayor Suarez: Yes, on CA-4 with the reservations and provisos mentioned. Commissioner Plummer moves. Commissioner Dawkins: Second. Mayor Suarez: Second. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-197 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACTION, AS MODIFIED HEREIN, IN AUTHORIZING A FIFTEEN PERCENT (15%) TEMPORARY RATE REDUCTION IN THE DOCKAGE FEES AT DINNER KEY MARINA FOR COMMERCIAL SLIPS DURING HURRICANE DAMAGE REPAIRS FOR A PERIOD OF TIME NOT TO EXCEED FOUR (4) MONTHS. (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. =i � o -_ 89 March 25, 1993 9. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MILIAN, SWAIN AND ASSOCIATES, INC. -- TO ESTABLISH A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE TELECOMMUNICATION SYSTEM PROVIDERS. (See label 51) Mayor Suarez: CA-5. Commissioner Dawkins: CA-5. I'm voting no and the reason I'm voting no is I don't understand why it's necessary to have a company that has expertise of an engineering... interdependent engineering firm with expertise in the utilities management are required to establish a recommended fee schedule. I don't understand that, so I vote no. I'm voting no and if I... do what you want to do. Commissioner Plummer: Well, explain it to us, please, quickly, briefly. Mr. Jim Kay: OK. Briefly, last year an emergency ordinance was adopted which really almost knocked out our telecomnunlcations ordinance and in rising our fee schedule from two dollars a lineal foot down to $500 per mile. And we are allowed to collect more than that by State law, if we can demonstrate that we have to collect this fee in order to cover our own costs. And so, this is really what we're trying to do is to cover our own costs to establish a telecosrmunications fee and we... Commissioner Plummer: Are they willing to work on an incentive? If they get us money, we'll pay them a certain percent, rather than a flat fee which means they may or may not. Mr. Kay: Well... Commissioner Plummer: I mean, if I've got to pay them, they may work. If they are working on a percentage, they damn well will work. Mayor Suarez: For a bigger fee, you might want to adjust the schedule for this. Commissioner Plummer: I don't know. Mr. Kay: Twelve thousand dollars is all that we collected last year. Normally, we would collect over $200,000... Commissioner Dawkins: But let me ask a question, Mr. Mayor. Mr. Kay: ...under our previous schedule. Co:missioner Dawkins: Let me ask a question, so you can understand why I'm voting no. OK? The ordinance also requires that the private telecommunication company renew their permits annually no later than July 1. 90 March 25, 1993 Commissioner Plummer: Yeah. But they want too much for it. Mr. Kay: Yes, sir. Commissioner Dawkins: Now, here they come here in April... Commissioner Plummer: Fantastic. Commissioner Dawkins: ...to get me to do something... jump up and do something because they need it in July, when they knew all year they needed it, Mr. Mayor. I mean, they do this every day. Commissioner Plummer: All right. Where are we? Mayor Suarez: All right. Do you have any further questions on CA-5 then? Commissioner Plummer: Is my colleague satisfied? Mayor Suarez: He said he's going to vote no and he explained why. Commissioner Plummer: Do you want to defer it? Mayor Suarez: I don't think he's going to change his mind. I think he's voting no. Commissioner Dawkins: Yeah, defer it. Commissioner Plumrner: Second. Mayor Suarez: Moved to defer. Second. Call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER PLUMMER, ITEM CA-5 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. Commissioner Plummer: Get with him and get... Mayor Suarez: Item... Commissioner Plummer: Wally, get with Miller, please. Mr, Odio: Mr. Mayor, now that you have four here, could we do... 91 March 25, 1993 10. (Continued discussion) AUTHORIZE FINANCING OF A PROTRACTED, COMPLEX INVESTIGATION ($300,000 FROM LAW ENFORCEMENT TRUST FUND). (See label 7) Commissioner Plummer: All right. Wait a minute. Victor, I have now from the Police Department in reference to what I asked for. The only thing that I would ask that's not here, Mr. Manager, that when these funds are expended and the matter is concluded, I want a paper trail of where every one of these dollars went. OK? Mayor Suarez: OK. Vice Mayor De Yurre: Do you want that through 911, or... Mayor Suarez: With that proviso... Commissioner Plummer: Within four minutes. Vice Mayor De Yurre: ...and within four minutes. Mayor Suarez: ...we have a motion and a second by the Vice Mayor. Call the roll. Vice Mayor De Yurre: [AT THIS POINT, VICE MAYOR DE YURRE READ THE RESOLUTION INTO THE RECORD.] I so move. Mayor Suarez: So moved. Commissioner Plummer: Second. Mayor Suarez: Call the roll, please. Commissioner Plummer: With the provision so stipulated. The following resolution was introduced by Vice Mayor De Yurre, who proved its adoption: RESOLUTION NO. 93-198 A RESOLUTION AUTHORIZING THE FINANCING OF A PROTRACTED, COMPLEX INVESTIGATION, IN AN AMOUNT NOT TO EXCEED $300,000 AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH COSTS AND EXPENSES 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 Commissioner Plummer, the resolution was passed and adopted by the following vote: 92 March 25, 1993 11 AYES: Co4,rrmi ssi over Miriam Al onso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. 11. AUTHORIZE MAYOR OR CITY MANAGER TO ENTER INTO MUTUAL AID AGREEMENTS WITH MUNICIPALITIES: HOMESTEAD, MIAMI SPRINGS, NORTH MIAMI, NORTH MIAMI BEACH, SOUTH MIAMI AND KEY BISCAYNE -- ON BEHALF OF MIAMI POLICE DEPARTMENT [F.S. 23.1225(3)]. Commissioner Plummer: Do you want this one of the Manager? It's not mine, but he needs it done. Mr. Cesar Odio (City Manager): It's mine. It's mine. -� Commissioner Dawkins: Eight o'clock. All pocket items 8:00 o'clock. Commissioner Plummer: I'll be gone. Do you want to do it or not? Mayor Suarez: I thought you wanted the home... the Camillus House thing. Commissioner Plummer: I do, but he wants this. Commissioner Dawkins: OK. Go ahead. — Mayor Suarez: Well, all right. Commissioner Plummer: [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD.] I so move. Mayor Suarez: So moved. Second. Commissioner Dawkins: This is emergency? - Mr. Odio: Mutual idea, sir. Commissioner Dawkins: And you need four -fifths. I'm voting no. Commissioner Plummer: No, it's not an emergency. Mr. Odio: No, it's not an emergency. _- "! Commissioner Plummer: No, first reading. Mayor Suarez: Call the roll. 93 March 25, 1993 11 C The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-199 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MAYOR OR THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO MUTUAL AID AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MUNICIPALITIES OF HOMESTEAD, MIAMI SPRINGS, NORTH MIAMI, NORTH MIAMI BEACH, SOUTH MIAMI AND KEY BISCAYNE, ON BEHALF OF THE CITY OF MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225(3), FLORIDA STATUTES (1992). (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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso 12. EMERGENCY ORDINANCE: AMEND CODE SECTION 18-52.3, BY ADOPTING CERTAIN PROVISIONS OF F.S. 287.055 RELATING TO CONTRACTING METHODS AND PROCEDURES AS THEY APPLY TO DESIGN -BUILD PROJECTS. Commissioner Plummer: I'm asking for item 11, Mr. Mayor, on Camillus House. Mayor Suarez: Yes. Mr. Cesar Odio (City Manager): Could you... Five is very simple. It's hurricane related and it's an emergency and I need the four -fifth vote. Five and six. Mayor Suarez: Items five and six both require four -fifths vote. - Mr. Odio: This is vital to go ahead and rebuild some of our projects. ` Commissioner Plummer: I'll move five. Mayor Suarez: So moved. 94 March 25, 1993 Commissioner, Dawkins: Second. Mayor Suarez: Read the ordinance. Commissioner Dawkins: Since he says he needs it. I don't need it. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 18-52.3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADOPTING CERTAIN PROVISIONS OF FLORIDA STATE STATUTE 287.055, MORE PARTICULARLY FLORIDA STATE STATUTE 287.055(2)(h), (i), (j) AND (k), AND 287.055(10)(b) AND (c), AS MAY BE AMENDED TIME TO TIME, AS SAID PROVISIONS RELATE TO CONTRACTING METHODS AND PROCEDURES AS THEY APPLY TO "DESIGN -BUILD" PROJECTS; MORE PARTICULARLY BY ADDING DEFINITIONS TO SECTION 18- 52.3(b) AND BY ADDING NEW SECTION 19-52.3(,j) TO PROVIDE PROCEDURES FOR THE AWARDS OF SAID PROJECTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer 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 Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso Whereupon the Commission on motion of Commissioner Plummer and seconded r by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre - Mayor Xavier L. Suarez - NOES: None. ABSENT: Commissioner Miriam Alonso SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11048. _ 95 March 25, 1993 0; W The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Commissioner Dawkins: Before you do six... Mayor Suarez: Commissioner. Commissioner Dawkins: ...I want it understood, before..* unless... or I will defer it. You're giving a design bid to a non -minority. I expect the next design bid to go to a Latin and the next one to go to a black, or either, anyway you go. Mr. Cesar Odio (City Manager): Yes, sir. Commissioner Dawkins: But I do not... Don't bring me another one back here design build with another non -minority firm. Mr. Odio: Yes, sir. Commissioner Plummer: How is this one here that's... Mr. Odio: Maxwell J.B... Commissioner Plummer: No, a design build is the first one we just passed. This one is to do the repairs. Commissioner Dawkins: No, no. The second one. No, no. That was authorization to enter into the second one. Mr. Wally Lee: That's authorization, Commissioner. Commissioner Dawkins: Into six. Five was authorization to enter into six. Commissioner Plummer: All right. 13. RATIFY CITY MANAGER'S FINDING THAT REPAIR OF DAMAGE CAUSED BY HURRICANE ANDREW TO THE FIRE TRAINING CENTER (3426 JEFFERSON STREET) IS AN EMERGENCY -- ACCEPT BID: MET-MAXWELL JV FOR THE DESIGN -BUILD FIRE TRAINING CENTER PROJECT H-1030. Mayor Suarez: Item six then. Commissioner Plummer: Move six. Commissioner Dawkins: Move it. Mayor Suarez: Second. Commissioner Dawkins: Second. 96 March 25, 1993 3 Commissioner Plummer: Second. — - Mayor Suarez: Any discussion? If not, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-200 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT THE REPAIR OF DAMAGES CAUSED BY HURRICANE ANDREW TO THE FIRE TRAINING CENTER LOCATED AT 3426 JEFFERSON STREET, MIAMI, FLORIDA, IS -_ AN EMERGENCY; RATIFYING, APPROVING AND CONFIRMING THE - CITY MANAGER'S ACTION IN SOLICITING FOR DESIGN -BUILD PROJECT PROPOSALS AS PROVIDED FOR IN FLORIDA STATE STATUTES 287.055; ACCEPTING THE BID OF MET-MAXWELL, J.V., IN THE PROPOSED AMOUNT NOT TO EXCEED $219,708.68, TOTAL BID OF THE PROPOSAL FOR THE DESIGN - BUILD FIRE TRAINING CENTER PROJECT H-1030, WITH MONIES THEREFOR TO BE REIMBURSED FROM PENDING INSURANCE CLAIMS AND TO BE ALLOCATED FROM THE GENERAL FUNDS OF THE MIAMI FIRE DEPARTMENT, INDEX CODE 280701-7729 PROJECT NO. 333752, IN THE AMOUNT OF $219,708.68 TO COVER THE CONTRACT COST PLUS ANY ACTUAL REIMBURSABLE CITY EXPENSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (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 fallowing vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso. Commissioner Plummer: Wait. Was that an ordinance? 97 March 25, 1993 a _0 14. BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING SPECIAL PURPOSE GRANT FOR RELOCATION OF CAMILLUS HOUSE, (See label 21) Mayor Suarez: Item 7. Commissioner Dawkins: No, eleven because he's got to go. Mayor Suarez: OK. Commissioner Dawkins: I mean, I think that's what he... Didn't you want 11 next? Commissioner Plummer: Oh, it's a resolution. Yes. Yeah. Mayor Suarez: All right. Commissioner Plummer: Mr. Mayor, I just want to go on the record... Mayor Suarez: Wait... I know you're concerned, but your item is here on the agenda at the request of Commissioner Alonso who is not here, so... Commissioner Plummer: Mr. Mayor, I am very concerned that a horse by a different color is stilt a horse. It is my understanding that the money for Camillus House 1s only if in fact they were to relocate, not if they expand. Now, if I understand correctly - Mr. Manager, you correct me if I'm wrong - that these monies that would be coming down from Washington are approximately $20000,000, if relocating. Mr. Cesar Odio (City Manager): Yes. Commissioner Plummer: OK. Mr. Odio: Relocation money. But you have to decide. There are two issues that I'm aware of. Number one, we felt that the money would not be there, but it is. Therefore, the decision you need to make is whether you allow Camillus to apply direct... Commissioner Dawkins: Where is Matthew Schwartz? Mr. Odio: ...to apply directly for the funds... Commissioner Dawkins: Matthew Schwartz. Mr. Odio: ...or that they have to come through the City and then you control the use of this money. Commissioner, Plummer: Well, Mr. Manager, my thought on the matter I expressed some time ago and what my thoughts were at that time still remain the same. I think one of the problems that we have on this Commission, or at least I've heard expressed, is i.e. with Camillus House. And I think that if we were to 98 March 25, 1993 have some other agency that maybe would be a provider of services, that there would not be the problems that exist today with the history that we all know about the Camillus House as it exists with people all over the streets, people sleeping on the sidewalks, problems that exist there today. As you know, I have said on many, many occasion, if they ran an organization like the Rescue Mission, which is a very, very clean operation, I don't think there would be anywhere near the amount of resentment that there is. And so, what I'm saying is that I would hope that if there are monies there for relocation... Mr. Odio: There's two million. Commissioner Plummer: ...OK? - that those monies don't necessarily have to go to Camillus House, that they could be made available for some other organization who in fact would do a better job than what they have done. And to me, this is nothing more than a subterfuge of we went through the long and arduous process before when they wanted to move the whole operation, you remember, over to this location and those people over there were very much upset and very much up in arms about it. Mr. Odio: You mean the Lummus Park. Commissioner Plummer: The 5th Street. Yes, sir. Mr. Odio: Yeah, I remember. Commissioner Plummer: That one lady in particular - Margaret somebody over there. Mr. Odio: Yes, I remember. Commissioner Plummer: She is very vocal. So, Mr. Mayor, my point is very simple. It's just a matter for discussion but I wanted to get my thoughts on the record. I don't see this in the slightest as a relocation. I think that it is nothing more than an expansion of the present facilities, trying to call it by a different name. I would hope that the Administration would at all times retain control and keep control over those monies and not allow them to go elsewhere, but more so to see 1f those monies could in fact be available to some other organization who in fact, similar to the Rescue Mission or the Salvation Army, who in my estimation are doing a first-class job. And I don't think any of us have ever received any complaints about the Rescue Mission or the Salvation Army. I could be mistaken, but my office, to the best of my recollection, has never received such. So, those are my thoughts, Mr. Mayor, on the record. Mayor Suarez: OK. Commissioner Dawkins: Mr... Mayor Suarez: Yes, Commissioner Dawkins. Commissioner Dawkins: I do not plan to vote... Mr. Odio: It's page 4B, Commissioner. 99 March 25, 1993 Commissioner Dawkins: Beg your pardon? Mr. Odio: Page 4B. Commissioner Dawkins: Four B? Commissioner Plummer: Yeah, right under the obituaries. Commissioner Dawkins: I do not intend to vote one penny for Camillus House as tong as they put in the paper that they never intend to move from downtown. The board, and I quote from the Miami Herald: "The hoard has decided we are not moving Camillus House," Johnson said. "But we agreed to move a portion of 1 t." Commissioner Plummer: Well, that's my... _ Commissioner Dawkins: Our problem is with Camillus House. Now, before the problem has been with Camillus House and if Camillus House thinks that I am going to allow them to keep their property and get some other property in the City of Miami, they do not have my vote. Commissioner Plummer: Well, they... Commissioner Dawkins: Now, if the Camillus House is interested in moving, I will swap them our land straight up, I will have our land appraised and if theirs is less than ours, they pay me and if mine is more than theirs, they pay me. Commissioner Plummer: You have a problem, Miller. Commissioner Dawkins: Huh? Commissioner Plummer: You might recall that that property which they're speaking of on 5th Street was a gift. Commissioner Dawkins: I'm not... Commissioner Plummer: That gift held a restriction, that they could only use it for a Camillus House operation or it reverted back to the giver of the gift. Commissioner Dawkins: Well, I'm talking about the one here where he said, "We are not moving." He did not say he would not move it off a piece of vacant land. He said he's not moving Camillus House period. Mr. Herb Bailey (Assistant City Manager): Can I ask a question? Commissioner Dawkins: Yes, I don't care. Mr. Bailey: Do we have your vote for condemnation? Commissioner Dawkins: Yes, but... Mr. Bailey: OK. 100 March 25, 1993 AOL Commissioner Dawkins: I don't care what... Yes. Yes, condemn it and make them move. I have no problem with that. Commissioner Plummer: Well, excuse me. What kind of condemnation? Mr. Bailey: It's a slum... Herb, expound a little bit more. Commissioner Plummer: You're not talking about quick take. Mr. Odio: No. Mr. Bailey: No. Well... Commissioner Plummer: Well, no. Put it on the record. Mr. Bailey: Well, so far as I'm concerned, I would quick take Camillus House. I recommended that five years ago. We could have been out of there now. It's costing us more not to make that decision year by year than to make it. Commissioner Dawkins: Well, all I'm saying to all of us is for the Camillus House to remain there does not solve the problem. The same people go on Flagler Street from there that are going to continue to go there. And for the gentleman to tell in the paper that he don't plan to move, I don't... I just can't deal with it, Mr. Manager. ...some others feel... Mr. Odio: Well, I want to... We discovered yesterday the money is in place. The one thing I have Mark Israel working on now is to find out that... make sure Camillus cannot apply direct, that it has to be through the City. Vice Mayor De Yurre: Cesar, let me ask you something, talking about this quick take condemnation procedure. Commissioner Dawkins: If it's directly, give it to thern. I don't care. Mr. Bailey: Quick take, yes. Vice Mayor De Yurre: Would the $2,000,000 be applicable towards whatever we have to pay to get them out of there? Mr. Bailey: I don't think that... Oh, I'm sorry. Mr. Odio: If it's for relocation... Commissioner Plummer: No, no. They don't... Mr. Odio: If we're going to relocate them, then... Vice Mayor De Yurre: No, but would it be for the... Mr. Odio: ...then the $2,000,000 would be applicable. 101 March 25, 1993 Vice Mayor De Yurre: ...for the cost... Would it be for the cost that we would have to pay? Mr. Odin: Then you could... Yeah. Vice Mayor De Yurre: To... No, no. Understand what I'm saying. Mr. Odio: I need to... Wait. Let me... Vice Mayor De Yurre: If the condemnation procedure, we have to give them X dollars... Mr. Odio: If it costs you $4,000,000, then you can apply two to that. Vice Mayor De Yurre: ...can we apply two... these $2,000,000 towards what we would have to pay them for the land? Mr. Odio: Well, I don't want to say yes. I want to research the law in... Commissioner Plummer: Yeah. But let's make sure, Victor, this time it's a clean deal. OK? Mr. Odio: Yeah. Commissioner Plummer: No strings. If we're going in for condemnation, we're going... Vice Mayor De Yurre: How can there be strings in a condemnation? Commissioner Plummer: Well, they'll want to work a deal. You know, when you get serious, they're going to want to work a deal. Well, you know, we'll give in and we won't fight if you'll do this and we'll do that and we'll... No deal. If you're going to go to condemnation, I'll vote for it. But as far as I'm concerned, it's a clean condemnation kind of a scenario that says, hey, we're going to buy the property. If we legally can do that, I think under our police powers we can, then it's going to be... Vice Mayor De Yurre: No, we can do it. The thing is at what cost? And for my vote really to do this in an intelligent fashion, I would like to know whether we can apply that $2,000,000 towards what we would have to pay for the acquisition. Mr. Odio: I... Commissioner Plummer: Excuse me. My vote was predicated upon appraisals being made again... Vice Mayor De Yurre: Again. Commissioner Plummer: ...and that the Administration would come back and say the parameters we feel... Mr. Odio: ...are this to that. 102 March 25, 1993 JAL Commissioner Plummer: ..,are this to this and we do have the money and here's where the money would come from. My vote for that process is merely to start it. Mr. Bailey: We have all the money we need. Commissioner Plummer: It's not going to court. Mr. Odio: We have the money we need. Vice Mayor De Yurre: By when... Commissioner Plummer: Huh? Vice Mayor De Yurre: Cesar, by when can I find out... Mr. Odio: We have the money we need, Commissioner. Vice Mayor De Yurre: By when can I find out whether this money can be used for that? Mr. Odio: I hope maybe by the end of today. Vice Mayor De Yurre: OK. No, I want it in four minutes. Mr. Odio: In four what? Commissioner Plummer: How long? Vice Mayor De Yurre: Four minutes. Mr. Odio: Cuban minutes? Commissioner Plummer: How long? Vice Mayor De Yurre: In four minutes. Commissioner Plummer: Victor who? Mr. Odio: Victoria... No. - Mayor Suarez: All right. Anything further on that issue? Commissioner Dawkins: That was just a discussion. Mayor Suarez: OK. Mr. Odio: I'm going to try to get an answer from Washington now, if we can. But I want to be careful that.,. but we do have tax increment monies to be R able to purchase the property. - Commissioner Plummer: Mr. Mayor, do you have anything else that you want to get before I leave, sir, on the record? 103 March 25, 1993 Mayor Suarez: I was just intending to go through the.,, as much of the morning agenda as possible, but you've got to leave right now. So, unless the Manager has anything or any..@ we're just going to continue moving through. Commissioner Plummer: No. Mr. Manager, there is nothing on here today about the sensitivity training in the Police Department 1s there? Mr. Odio: No, sir. Commissioner Plummer: OK. Mayor Suarez: Thank you, Commissioner. Go in peace to take care of your future grandchildren. Commissioner Plummer: Yeah. Mayor Suarez: Take your checkbook with you. Commissioner Plummer: Checkbook? I got news for you. Mr. Odio: Commissioner... Commissioner Plummer: There is nothing left in that checkbook. Mr. Odio: J.L., you wanted to took at 17. That's... Commissioner Plummer: What is it? Tell me. Mayor Suarez: Sell some of those TVs you've got. Mr. Odio: That's the proposed moratorium of construction in Coconut Grove. Commissioner Plummer: Well, there... That's... Mayor Suarez: Item... Commissioner Plummer: Mr. Mayor, for the record, I apologize to anybody who might be inconvenienced by my leaving, but two weeks ago I tried to change the vote... the day of the Commission and could not. Mayor Suarez: Yeah. We sure tried. Commissioner Plummer: And in 23 years, this is the first time I'm taking the afternoon off, but it's also the first time my daughter has ever been married. So, I've got to go and I'm sorry. I'll take next week off in case the marriage don't work. 104 March 25, 1993 o 15. BRIEFLY DISCUSS AND TEMPORARILY TABLE FURTHER DISCUSSION CONCERNING PROPOSED RESCHEDULING OF SECOND COMMISSION MEETING PRESENTLY SCHEDULED IN APRIL. (See label 19) Mayor Suarez: Now, now. Item 7, license agreement with GCC (Gran Central Corporation). _ -� Vice Mayor De Yurre: Mr. Mayor, I need to move the April 22nd meeting. I = won't be in town. Mayor Suarez: OK. — Commissioner Plummer: Is your daughter getting married? Mayor Suarez: The 29th. Mr. Cesar Odio (City Manager): Do you want to see if we can combine both = meetings? Vice Mayor De Yurre: That would be fine. R = Commissioner Dawkins: The April? Vice Mayor De Yurre: Yeah, April 22nd I won't be in town. Mr. Odio: April meeting. Commissioner Plummer: Well, you have to know from the Administration how heavy those days are. o Mr. Odio: Let me check. Let me... Mayor Suarez: Wait. Are you saying, Sergio, that we can't move it now at all, without having to readvertise? We're going to check it. Do you have any problems if we have to move it to the 29th? Commissioner Plummer: The 29th? Or just to make it one day with the two meetings? —= Mayor Suarez: Or either one, just so we have your preferences. — Commissioner Plummer: 1'd like it one day, two meetings. r Mr. Odio: Let me try. Mayor Suarez: All right. If we can do that and if not, the 29th. Mr. Odio: Let me see how many items we have advert... Mayor Suarez: OK. 105 March 25, 1993 - [AT THIS POINT, THIS ISSUE WAS TABLED. See label 19.1 16. AUTHORIZE LICENSE AGREEMENT BETWEEN GRAN CENTRAL CORPORATION, THE CITY OF MIAMI, AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY -- FOR RIGHT TO CONSTRUCT, INSTAL, AND MAINTAIN 9 POLES / STREET LIGHTS ALONG N.W. 1 AVENUE BETWEEN N.W. 8 STREET AND N.W. 5 STREET. Mayor Suarez: Item 7, license agreement with GCC (Gran Central Corporation). Mr. Cesar Odio (City Manager): This is to give them the right to construct, install and maintain nine poles and street lights... Mayor Suarez: Do you recommend this? Mr. Odio: ...in the NW 1st Avenue, between... Mayor Suarez: Moved by... Commissioner Dawkins: ...moved and... Mayor Suarez: Second by the Vice... Commissioner Dawkins, chairman... Commissioner Dawkins: ...the chairman... I mean, the Attorney had some differences with the language that the City Attorney put in and the City Attorney inserted, according to that lawyer, the words "sports authority" instead of the City of Miami. Now, what was he talking about, Mr. City Attorney? A. Quinn Jones, III, Esq. (City Attorney): Originally, what was proposed is a tri... It's a three -party agreement. It's between GCC, the City of Miami and the Sports and Exhibition Authority and apparently, his objection is focused in on why the Sports and Exhibition Authority should be named as a party to this lawsuit. My response to that is that the City, while the City is a party and it certainly is for the benefit of the City, more particularly for the benefit of the Arena, coupled with the fact that the money 1s being derived from the Sports and Exhibition Authority, that certainly, they shouldn't be obligation free and that they should be a party to this agreement. I don't think the City should be in the position of bearing the sole responsibility here and the Sports and Exhibition Authority not assume any obligations whatsoever. That's just this person's opinion and apparently those are the contentions that he would have addressed to you had he been here. Commissioner Dawkins: OK. Let me do something. We have two gentlemen here who know the law. If they're comfortable with what you said, I'll move it. If they're not, I'll have to defer it. Mayor Suarez: All right. Commissioner Dawkins: I second. 106 March 25, 1993 Mayor Suarez: Thank God that one of us studied it carefully enough to give you that opinion. Commissioner Dawkins: OK. I'll second the motion. Mayor Suarez: Thank you. Moved and seconded. Any discussion? If not, -. please call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-201 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN GRAN CENTRAL CORPORATION (GCC), THE CITY OF MIAMI AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY, FOR THE RIGHT AND PRIVILEGE TO CONSTRUCT, INSTALL AND MAINTAIN NINE POLES AND STREET LIGHTS LOCATED ALONG NORTHWEST 1ST AVENUE BETWEEN NORTHWEST 8TH STREET AND NORTHWEST 5TH STREET, MIAMI, 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 Miller J. Dawkins - Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso -_ Commissioner J. L. Plummer, Jr. — v= 107 March 25, 1993 ,z< ------------------------------ ------------------------------------------------ 17. DESIGNATE EXPENDITURE OF GRANT PREVIOUSLY -APPROVED GRANT MONIES AS FOLLOWS: (a) JTPA TITLE I / OLDER WORKER (PY 192) ($19,392); (b) JTPA TITLE IIA / NEIGHBORHOODS JOBS PROGRAM (PY 192) ($767,399); (c) JTPA TITLE 11 / EMERGENCY JOBS (PY 192) ($235,480); (d) JTPA TITLE II STAY -IN SCHOOL PROGRAM (PY 192) ($14,385); (e) DHRS/RCA (PY 192) ($58,632); (f) JTPA TITLE III HURRICANE ANDREW RETRAINING PROGRAM (PY 192) ($300,000); ( ) JTPA TITLE 1I8 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (PY -92) (1685,000); AND (h) OFFICE OF INTERGOVERNMENTAL LIAISON (PY '92) ($60,000). ------------------------------------------------------------------------------ Mayor Suarez: Item 8. Mr. Cesar Odio (City Manager): It's to accept a grant award from the US Department of Labor. Mayor Suarez: I'll entertain a motion on it. Commissioner Dawkins: Second... Move it. Mayor Suarez: Moved. Second by the Vice Mayor. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 93-202 A MOTION RESTATING THE CITY COMMISSION'S AUTHORIZATION TO APPROPRIATE FUNDS FOR OPERATION OF "JTPA TITLE I/OLDER WORKER (PY'92)" IN THE AMOUNT OF $19,392; "JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM (PY-92)" IN THE AMOUNT OF $767,399; "JTPA TITLE II/"EMERGENCY" JOBS (PY-92)" IN THE AMOUNT OF $235,480; "JTPA TITLE II STAY -IN SCHOOL PROGRAM (PY-92) IN THE AMOUNT OF $14,385; "DHRS/RCA (PY392)" IN THE AMOUNT OF $58,632; "JTPA 'TITLE III HURRICANE ANDREW RETRAINING PROGRAM (PY-92)" IN THE AMOUNT OF $300,000; "JTPA TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM (PY'92)" IN THE AMOUNT OF $685,000; AND "OFFICE OF INTERGOVERNMENTAL LIAISON (PY192)" IN THE AMOUNT OF $60,000; AS MORE FULLY STIPULATED IN ORDINANCE 11040. (Here follows body of resolution., emitted 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: 108 March 25, 1993 AYES: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. 18. ACCEPT BID: ROYAL RENT -A -CAR -- FOR FURNISHING AUTOMOBILE RENTAL SERVICE FOR DEPARTMENT OF COMMUNITY DEVELOPMENT. Mayor Suarez: Item 9. Moved. Commissioner Dawkins: Second. Mayor Suarez: Second. Any discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-203 A RESOLUTION ACCEPTING THE BID OF ROYAL RENT -A -CAR FOR THE FURNISHING OF AUTOMOBILE RENTAL SERVICE ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT AT A PROPOSED COST OF $531.00 PER MONTH/PER VEHICLE; ALLOCATING FUNDS THEREFOR AT TIME OF NEED FROM THE PROGRAM NEEDING THIS SERVICE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS CONTRACT AT THE SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. (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 Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. 109 March 25, 1993 19. (Continued discussion) RESCHEDULE SECOND COMMISSION MEETING IN APRIL TO TAKE PLACE ON APRIL 15TH AT 5:00 P.M. (See label 15) ------------------------------------------------------------------------------ Mr. Cesar Odio (City Manager): Mr. Mayor, it's OK to combine both meetings for the 15th of April. Mayor Suarez: It is? OK. I'll entertain a motion to do that then. Commissioner Dawkins: Second. Mayor Suarez: Moved and second. Any discussion? If not, please call the roll. Both meetings on the 15th of April. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-204 A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF APRIL, 1993 TO TAKE PLACE ON - APRIL 15, 1993 AT 5:00 P.M. (Here follows body of resolution, omitted here and on -_- file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. _ ABSENT: Commissioner Miriam Alonso = Commissioner J. L. Plummer, Jr. Commissioner Dawkins: Mr. Mayor? Mayor Suarez: Could you build into that motion that we only have three of us that are present now and we'll for sure get through that entire agenda, particular to make sure that Commissioner Plummer doesn't come back from his wedding. -_ Commissioner Dawkins: We just went through four items in three minutes without J.L. Plummer. 110 March 25, 1993 ftl 20. (A) DISCUSSION CONCERNING THE STATUS OF NEGOTIATIONS FOR PROPOSED APPOINTMENT OF BOARD MEMBERS BY THE COMMISSION TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY BOARD OF DIRECTORS, THE HAITIAN TASK FORCE, AND THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION. (See label 22) (B) DISCUSS AND TEMPORARILY TABLE FURTHER DISCUSSION ON FOREIGN TRADE ZONE PROJECT -- DISCUSS SALARY / COMPENSATION FOR BILL RIOS (WYNWOOD ECONOMIC DEVELOPMENT CORPORATION. ------------------------------------------------------------------------------ Mayor Suarez: OK. Item 12. Commissioner Dawkins: Move it. Mayor Suarez: So moved and seconded. Any discussion? Mr. Cesar Odio (City Manager): Well... Mayor Suarez: Wait. This is... Mr. Odio: This one is the proposed... to create that new... Mayor Suarez: This is a discussion item we just moved. Mr. Odio: ...that new board. You need to look at that. Commissioner Dawkins: OK. Go ahead. Mr. Odio: What do we want to do with the Wynwood Economic Development Board? Mayor Suarez: Technically, Mr. City Attorney, if we were inclined to want an expansion of this board to include more community representation, et cetera, and more diverse, more - whatever - how can we do that for an economic development entity? Mr. Odio: Mr. Mayor... Mayor Suarez: Withholding funding or... Mr. Odio: So that I don't... I want to on purpose bring this up first. I have been notified by... Vice Mayor De Yurre: Put some order there. OK? Don't pay them. Mr. Odio: I'm going to stop... We have a... We're proposing a grant of $5,000,000 to the EDA (Economic Development Administration). We're going to apply for it. I have been told that... Vice Mayor De Yurre: We are going to apply. Mr. Odio: That's what I wanted to hear from... ill March 25, 1993 Vice Mayor De Yurre: OK? Mr. Odio: ...this board and I heard that the intentions are to apply directly for that grant and I think that's wrong. I think the City has to be involved in it at all times. And that... Vice Mayor De Yurre: We have to do... Mayor Suarez: So, what you want is a sense of the Commission that we want to make sure that we are the fines who are applying and that we hold the hammer as to the operations and the straightening out of whatever problems and concerns we have with this board. Mr. Odio: And I bring that in because then that should be tied to the new board. We need to... We get... We need to do something with... Mayor Suarez: Well, assuming there is a new board. Mow can we force that issue? Mr. Odio: If... Ms. Linda Kearson: I think we... what the... Mayor Suarez: Just withholding the hammer of the money or... Vice Mayor De Yurre: That's one way. Ms. Kearson: With the Wynwood CDC (Community Development Corporation), I think because you are the directors of the Wynwood SNID (Safe Neighborhood Improvement District), you have better leverage with them. As the directors, you can appoint what's called an advisory committee to oversee that project. Now, under the State statute, they would have to be Wynwood residents, however. You cannot appoint people from... Mayor Suarez: OK. So, if we had an advisory committee appointed by the Wynwood SNID, the Safe Neighborhoods District... Ms. Kearson: You would appoint as... Right. Mayor Suarez: ...we would have to appoint them and they would all have to be residents of Wynwood. Ms. Kearson: That's correct. Well, the Commissioners are already the board directors of the Wynwood SNID. Mayor Suarez: Yeah. But we're not exerting the kind of supervision that we need to do. I mean... Ms. Kearson: But you can. You have the authority to do that. Or you can appoint another advisory group to do lust that for you, but it has to be Wynwood residents under the State statute. Mr. Odio: But do they have the right over monies and to manage monies? 112 March 25, 1993 Ms. Kearson: absolutely. If you... Mr. Odio: They do? Ms. Kearson: You have a set of bylaws that dictate that the Wynwood SKID -_ —_ board can establish guidelines for the Wynwood Safe Neighborhood District. = Because the foreign trade zone is in fact that safe neighborhood project, you have a lot of authority over that project. -- Mr. Odio: Then it would have to come here for approval. In other words... -- Ms. Kearson: Even... !� I Mr. Odio: ...they cannot spend monies without coming to this board. } Ms. Kearson: Even in the... Correct. Even in the deed that we gave them for _= the land, we require them to give us an annual report. You've never requested that. You have required...— Mayor Suarez: Who is the grantee of the land (a) and who is the grantee of the foreign trade zone status (b)? NOTE- FOR THE RECORD: Commissioner Alonso entered the - meeting at 3:10 p.m. ----------------------------------------------------------- �. Ms. Kearson: OK. The grantee of the land is the Wynwood Community Economic — Development Corporation. Mayor Suarez: Right. — Ms. Kearson: They also... Mayor Suarez: But who is the grantee of the foreign trade zone status? Ms. Kearson: That same corporation. Mayor Suarez: Right. Ms. Kearson: But again, Mr. Mayor... Mayor Suarez: Just want to clarify. Ms. Kearson: ...the foreign trade zone project is the Wynwood SNID Project. We are on the board of that SNID project. We have some control over it. Mayor Suarez: Yeah. But you know, what worries me about that is that most of the Safe Neighborhood's money was State money. It came in. That State program is essentially no longer active. There is not going to be any more =� funding. The big monies now are the hammer here and those are EDA monies? Mr. Frank. Castaneda: That's correct. 113 March 25, 1993 W Commissioner Plummer: ...and we'll set parameters. Mr. Odio: And you have to control the finances and... Ms. Kearson: Yeah. Commissioner Dawkins: No, that's... percent... Ms. Kearson: I think what you need... If I might... Commissioner Plummer: We set the parameters. Ms. Kearson: I think you need to convene a meeting of your SNID board. You need to request a budget from the Wynwood Community Development Corporation. You need to request an update on the progress of their project. And you are entitled to do that as the SNID board. Mayor Suarez: All right. Would the Administration please prepare all of those requests? Ms. Kearson: Yes, they under... Mayor Suarez: We will meet as a Safe Neighborhoods District. We've done that before, typically for perfunctory approval of whatever was put in front of us. This time we'll delve a little bit more into it. But folks, keep in mind the zone has been obtained by the economic development entity. Ms. Kearson: Right. But... Mayor Suarez: It is a nonprofit entity. It is separate and apart from the Safe Neighborhoods District. Keep in mind that they are now grantees so they are fee simple owners subject to a variety of controls... Ms. Kearson: Subject to their making annual reports... That's right. Mayor Suarez: ...I think reverter clauses, et cetera. So they do have all that. Commissioner Plummer: And a very strong reverter. Mayor Suarez: The big hammer is still the money. Commissioner Plummer: There is also a very strong reverter. Mayor Suarez: Yes. But the big item... Commissioner Plummer: I made sure of that. Mayor Suarez: ...is the money that they're asking to apply for... Ms. Kearson: Well... 115 March 25, 1993 Commissioner Plummer: But aren't we missing a point, Mr. Mayor? She said, .I thought, what we really want to know. We, as the SID [sic] board... Mayor Suarez: SKID. Commissioner Plummer: ...set the parameters... Commissioner Alonso: No, but she said we have some... _ Commissioner Plummer: No, she said we set the parameters for which they operate under. . Ms. Kearson: I think what is confusing us is that you have a foreign trade zone. But that foreign trade zone project is our Safe Neighborhood Project. Commissioner Plummer: Right. Ms. Kearson: So, those two are tied together and because... 3 Mayor Suarez: Is or was? Ms. Kearson: Is. Commissioner Plummer: Is. Mayor Suarez: Well... Ms. Kearson: It still is. Commissioner Plummer: So what we need then, Mr. Manager, as I see it, at the next Commission meeting is a meeting of that board - is it called SID? Ms. Kearson: SNID. Mr. Odio: SNID. Mr. Castaneda: SNID. Commissioner Alonso: SNID. Commissioner Plummer: Whatever. Commissioner Dawkins: That's us. Ms. Kearson: You're the SNID. Commissioner Plummer: We need to have a meeting of... Ms. Kearson: That's right. Commissioner Plummer: ...that board here... Mr. Odio: That's right. 114 March 25, 1993 Mayor Suarez: ...and that's what we have to be very careful, Mr. Manager. I think the consensus of this Coi-nmission Commissioner Alonso wasn't here at the beginning of the discussion - but I presume.,. so far, she hasn't said anything to the contrary... Ms. Kearson: But it's my under... Mayor Suarez: ...is that we want to control the application of the EDA funds. That's the hammer. NOTE ~FOR THE RECORD: Commissioner Plummer left the meeting a : 5 p.m. ---------------------------------------------------------- Mr. Odic: Absolutely. Commissioner Alonso: That's exactly my concern. Ms. Kearson: But we... Commissioner Alonso: Last session, when I said that my concern was the $5,000,000 that they are about to receive and what's going to happen with the money. But also, could you explain to me, since I arrived after discussion was underway, what's going to happen with the appointment of new members to the board? Mr. Odic: Well, here is the point that I was trying to make. That's why... Mayor Suarez: Well, I have... By the way, I have resigned. So, I mean, they have some board members they presumably have to fill. Mr. Odic: Well, but you know, we need to really control this. You're talking about... Here's a case where he's recommending... Mayor Suarez: Mr. Manager, the question is... Mr. Odic: OK. Mayor Suarez: ...what is going to happen to the board appointment. The technical answer is the board appoints whomever they feel like appointing. Now, the way we influence them is by calling this meeting of the Safe Neighborhoods District, by having staff indicate to them the consensus of this Commission, I think unanimous, that we are going to oversee their operations. We're going to hold them to their reverter in the fee simple grant of the property and more importantly, we're going to apply to the EDA funding. Is there anything else by which we can exert influence, other than those things, if you can think of any? Mr. Odic: Well, I have a problem with them appointing... Here's one appointment - Armando Castro, architect... Mayor Suarez: Well, you can suggest all kinds of people to them, if you want. 116 March 25, 1993 Mr. Odio: Armando Castro, architect, recommended by Bill Rios. Then he turns around and he has a contract with the guy for an architect... giving him a contract. He's putting him on the board... Mayor Suarez: Who is that? Mr. Odio: Armando Castro, architect. Mayor Suarez: Uh-huh. Mayor Suarez: And he turns around and Wynwood Community Economic Development gives Mr. Castro a contract for... Ms. Kearson: Well, these are two separate boards. Mr. Odio: How can he be on the board... Ms. Kearson: Let's make a distinction here. You have a board director of the Wynwood CDC (Community Development Corporation). You don't have the authority to appoint those board members. But you, as the board of directors for the Wynwood SKID, can create your own advisory committee to oversee... Mayor Suarez: OK. Yeah, I forgot that. Ms. Kearson: ...the Wynwood SNID project. And that's... Mayor Suarez: The other thing... The other idea was the creation, Commissioner Alonso, of an advisory board that would presumably keep an eye on the Wynwood Economic Development Corporation, a little bit more than we've been doing up here and that may or may not be a good vehicle. The fact of the matter is, whatever that board can do, we can also do. But, the City Attorney is suggesting... Vice Mayor De Yurre: Mr. Mayor, why don't... Mayor Suarez: ...that may be worthwhile. Yes, Mr. Vice Mayor. Vice Mayor De Yurre: Why don't we cut through this a little bit? We control the land. Mr. Odio: Yes, the land... Well.,. Vice Mayor De Yurre: We, the City, control the application... Mr. Odio: No, no. Ms. Kearson: No, you don't control the land now. -- Mr. Odio: No, you don't. Vice Mayor De Yurre: Oh, we do. Oh, we do. Mr. Odio: No, we gave it to the... =1 =_ 117 March 25, 1993 Ms. Kearson: Well, you have... Vice Mayor De Yurre: Under a number of conditions, which I'm sure if we start looking into them... Mayor Suarez: Why do we argue... Ms. Kearson: Well... Mayor Suarez: ...the point. Do you want, Mr. Vice Mayor, for them to go over to what extent we control the land or not? Vice Mayor De Yurre: No, the point is, all we need to do, Mr. Mayor... Mayor Suarez: Why are you arguing? Vice Mayor De Yurre: Mr. Mayor, 1f I may. Ms. Kearson: You don't control.. Vice Mayor De Yurre: All we need to do is to in a peaceful fashion make them understand that we... If the bylaws dictate that they have to name their own directors, that that be changed and that we be able to name members to that board. We don't need an advisory board. The advisory board would be the same members that we would appoint to that board and run it that way. Another question, do we have the response as the breakdown of the salaries of Bill Rios that we requested at the last meeting? Mr. Castaneda: We have a partial response. We have a page response from their 990 in which it states that... Vice Mayor De Yurre: Do we have a full response for the request? Mr. Castaneda: Not to all the issues, no. Vice Mayor De Yurre: So, they haven't responded to that either. So, I have a problem that here we're talking about five and a half million dollars and we can't even get a response as to X thousands of dollars. So, I mean, like I don't feel good about this at this point in time. And I will not be in favor of doing anything until we get some satisfaction as to what is going on. Mr. Castaneda: Oh, Mr. Rios is there. Vice Mayor De Yurre: But he should have provided that already, so it doesn't matter if he's there or not. The bottom line is that we don't have the information that we want and I'm not willing to do anything that would jeopardize this project which is a good project. If it means we have to start changing people, we'll start looking into that also. Mr. Odio: Well, can the Commission appoint someone like Commissioner Dawkins - since he's been involved from the beginning on this - to work with us and some members of that community like Turner, who is very interested in the business happening and this trade zone happening, to work up a solution to this advisory board and the board? 118 March 25, 1993 7 Commissioner Dawkins: No, I hear you, Mr. Manager and I'd love to do that, but Mr. Rios has already said or had somebody else say that I was trying to get the free trade zone for me. And all I was trying to do was protect the City's interests. So, I don't have a problem with it, but I just want it clearly understood that I have no personal gain to this. But I would only be working for the betterment of the City of Miami, with Mr. Rios, the same as I went with him as he slept on the steps in Tallahassee to get this SNID zone and as we went to Washington and begged people for the free trade zone. But after we got through begging, then he no longer wanted me to be a part of the free trade zone, but I was there with him all the way. And I have no problems with working with him, because he has put a lot into this and we... there is no point 1n us saying that we're going to push him aside. That is inhuman. But by the same token, we have fiduciary responsibility to protect the City of Miami. Mayor Suarez: OK. Would the Commissioners be interested in appointing an advisory board to the Wynwood Safe Neighborhoods District composed of at least one appointee per member of this Commission which could be yourselves, if you want, if you have the time and the interest. And, in that case, if one of you wanted to serve, that person should be chairperson. And I certainly would be inclined to appoint someone who is a resident, find someone. And then the Economic Development Corporation may be smart, they may decide that these same people who we've appointed to be on this advisory board ought to be on their board of the Wynwood Economic Development Corporation, might incorporate them or not, as they find wise. But in any event, we appoint them, they oversight them, they hold hearings and you can be present, Madam City Attorney and all of the staff and get into the details of salaries, of what exact progress is being made, et cetera. And also, Frank, make sure then that the application for EDA funding be done in the name of - what will 1t be? The City or Wynwood SNID? Ms. Kearson: May I make a statement? Wynwood owns the land now, that they without the City of Miami? Mayor Suarez: I believe they can. It's my understanding that because can in fact apply for that EDA grant Ms. Kearson: We need to get clarification of that, because if they own the land... Yes. Mayor Suarez: Yes. But I presume that no one here is going to get into an argument as to the proper entity, because I don't think that the Wynwood Economic Development Corporation is going to want to compete with the City in applying for the funding. I don't think they're going to want to do that. Ms. Kearson: Well, I think we need to find... Mayor Suarez: If they're wise, they wouldn't want to do that. But yes, they could it apply for it themselves. But I think that they would be wise to defer to us applying, getting the funding. And how has it been done so far? Has the application already gone in? Commissioner Alonso: Joint. 119 March 25, 1993 Mr. Castaneda: What I would suggest, Commissioner, would be to prepare a joint application, the City of Miami and the Wynwood Economic Development Corporation... Mayor Suarez: All right. Mr. Castaneda: ...where the funds would come through the City of Miami and we would give them to the... Mayor Suarez: Very diplomatic, on your part. A joint application, I like that. OK. Commissioner Alonso: Well, I really feel... Mayor Suarez: Madam Commissioner. Commissioner Dawkins: But suppose the Wynwood Board doesn't agree to that? Mayor Suarez: Then we've got a problem. Commissioner Dawkins: That's right. They may not agree to that. Mayor Suarez: The money might never be obtained then. Commissioner Alonso. Commissioner Dawkins: OK. Fine. I have no problem with that. Commissioner Alonso: Well, I have a very serious concern and it has been the history of the City of Miami giving away things and then getting ourselves into the middle of this complicated situation. In fact, we are very concerned because we are talking about a project that is very important for the City of Miami. It's a project that is going to bring a number of jobs for the area, for the City as a whole. Also, it's going to be a very important project when it comes to millions of dollars. Commissioner Dawkins: And jobs. Commissioner Alonso: It is. And jobs, yeah. That's the first thing I mentioned. So, we have a tremendous responsibility. I feel somehow and I have... I'm speaking just for one person up here, that somehow I have been misguided in the process. I should have been told before how serious the potential problem in which I, for one, feel we have today. I'm very concerned about... And I have the highest respect for Mr. Rios and this is not against him in any way, but I have to be very concerned about the possibility of him and the others - the other people working with him - of being able to handle this degree of responsibility when they are having problems meeting small demands at this level. What is going to happen later on? It is our responsibility as a City and somehow, here we are discussing... They own now the land, so they can run with it. It is the responsibility of the City of Miami. What do we do? I want to be told now, by the Administration, definitely what to do, what will be the best step. And perhaps, in my opinion - I'm just one person up here - we should really postpone moving further into this item today, meet, analyze and come back the next session with concrete plans about this issue. Because somehow I see so many 120 March 25, 1993 questions about the issue and I, tremendous doubts. Ki as my fellow Commissioners, we have Mr. Odio: The problem is that the application is due tomorrow. Commissioner Alonso: It's due tomorrow. This is the story of our lives, as well. It's always yesterday, tomorrow, after the fact. But then we are talking about property of the City of Miami. We are talking about millions and somehow, my recollection from day one when I came into the City Commission and it was already underway and we approved in many instances, it was done almost in a funny way. If we go back to the tapes, if we go back to the issue, this was no joke. This is serious business. This is property of the City of Miami and somehow, it has been given in a way that I, as part of the process, feel a little bit embarrassed. Mr. Herb Bailey (Assistant City Manager): Commissioner, may I speak a minute about it? Commissioner Alonso: Yes. Mr. Bailey: We've been on this project for about five years. At the time that the... And that land has been sitting there over 20 years, which has never produced anything for the City but expense. At the time that the idea was brought to our department, the Department of Development... Commissioner Alonso: Land is the most important thing we can have in the City of Miami. Mr. galley: I understand. And we all agree and it is extremely important when it doesn't produce any revenue for the City of Miami and we have to spend a tremendous amount of money maintaining it because of the indiscretions that happen to the land. It has not been done as loosely as it may seem. We have been involved and on top of this project for the past five years. We have met Commissioner Dawkins and with the people in the garment district any number of times - sometimes two and three times a month - working out the strategy to get this done into a free trade zone. It was originally recommended to our department by the Manager and the Commissioner... Mayor Suarez because we felt that we had to find some way to develop that land and make it useful for the City. We have been on this project every step of the way. Commissioner Alonso: Mr. Dailey, I'm not referring to the number of meetings and being aware of the importance of the project, of knowing quite well what it means... knowing quite well what it means for the City of Miami, all of the people in the Administration, the members of the Commission, prior members of the Commission as well as the present members of the Commission, we are all well aware of the importance. But somehow, we are in the middle of a very embarrassing situation. We have concerns. Don't you? Mr. Bailey: I'm trying to figure out what they are. Because I don't exactly see the problem of embarrassment considering, based on what we know that we worked out with my department and with the Law Department and with Wynwood, every detail involved in this process has been brought before this Commission. We have not moved on any part of the process without the proper approvals, even to the disposition of the land. 121 March 25, 1993 Commissioner Alonso: Let me ask you a question. Are you confident and can you give the your honest opinion, your professional opinion? You don't have any doubts that once the money arrives, they will be able to handle that properly, that the taxpayers money that is going to come to them and the handling of this business in the future is going to be done to the best advantage for the citizens of Miami and not mishandled, whether intent or because not having enough expertise in the matter, will take place. Can you assure me of that? Mr. Bailey: I can feel confident that 1t will and I'm going to say to you that this free trade zone is going to be developed without the EDA money. This is a plus and this plus can work very well to our advantage with the developer who is going to invest the type of money to get it done for us. Commissioner Alonso: Do you know why I'm concerned? I don't know if you understand us up here. I'm concerned because I see that when we are talking about $50,000, they cannot give us statement of how it is done. If they are having problems with $50,000, how in the world will they be able to handle $5,000,000 and above? That's my concern. If you're not capable of taking care of finances of a very limited amount, how in the world can you handle... You don't have the expertise. Then something else has to be done and that's my concern. They had ample opportunity to prepare the steps to prove to us that they had the knowledge how it's going to be done. Then we get answers as I paid a Commissioner and Mr. Rios... I really would feel better if Mr. Rios would come to the mike and say something for the record. Mr. Rios gave us answers like this. "Do you have a salary, Mr. Rios?" "No, I do not. I get paid a percentage." "Mr. Rios, but it appears that you got over $100,000 of salary that year." "Well, then that year I was paid two years salary in one year." All of this seems to me very strange and we don't get... and if the Administration will just... Mr. Bailey: I'm sorry, Commissioner. We were trying to get our conversation together to answer your question about the money. --- Commissioner Alonso: Well, I think it's difficult and I think one of the problems that we have here in the City is we don't listen enough, so we cannot really give the answers when appropriate. And I find that it's disrespectful not only to me but for the citizens of Miami, because after all, this is taxpayers money. I don't have any further questions. Thank you. Vice Mayor De Yurre: Is the Administration's recommendation then that the 7i City control the process? Mr. Odio: I feel that we should be co -venture, that we should be jointly -_ doing this. Yes. ., - Vice Mayor De Yurre: OK. Because I... If you feel confident, I don't feel confident. I think if, as Commissioner Alonso was alluding to whether we're exposed to embarrassment, maybe we've been lucky that there hasn't been any - embarrassment yet. But the way I see things going, I have to head this off at =_ the pass, particularly where we're going to get into a situation of millions - of dollars. And I'll be damned if it's going to come back to haunt me or the =_ City of Miami if I can avoid it, You know, there is a little cloud hanging �S 122 March 25, 1993 J - out here that I'm not sure if it's going to rain or not, but it's there. And I have to have... Based on my experiences of 40 years - something tells me that I have to be careful about the way we do this thing. And I would feel a lot more comfortable... In fact, I wouldn't vote for anything other than the Administration being in control of these monies, of the application and everything else that goes along in this process. —" Mr. Bailey: Usually, Commissioner, on EDA grants of this type - and I can assure you my some 30 years experience with EDA - they are much more strict than we are. The guidelines as to how, even the City, which is the municipal jurisdiction where the monies are going to be spent, has a certain amount of requirements that the EDA will demand. And they're monitoring and coordinating a project of this size, certainly is going to involve the City whether we want it or not. We don't know exactly what those guidelines are going to be, but my experience with EDA is that there would be extreme accountability on the part of the public and the private sector who uses the funds. If you want an example of how EDA monitors, we did the Overtown Shopping Center with EDA money and the City was held accountable and also was very much a part of the process and I don't see this being any different. Mr. Odio: He just an important... If we're going to be held accountable, we'd better have a say in what's going on. Vice Mayor De Yurre: That's right. Mr. Odio: I'm not going to be held accountable by EDA or anybody else, if we don't have something to say about it. And what happens is if we are not participants and something goes wrong, the City is to blame. If everything goes right, the City had nothing to do with it. They were successful. But 1f something goes wrong, we were to blame. And 1 think we have to have a say on it. Vice Mayor De Yurre: Well, I tell you, as far as for my vote, I will not approve any monies going into this organization, until we've cleared the issue of naming members to that board of directors that we feel comfortable with and that the Administration feels comfortable in the process and they'd let us know. That's at least... That's where I stand at this point in time. So be it. Mr. Bailey: May I ask a question about that, Commissioner? Vice Mayor De Yurre: Sure. Mr. Bailey: I think... Because Commissioner Alonso was discussing also the lack of accountability for the HUD (Housing and Urban Development) funds that we give. These are two different things, but I guess the scenario is the same. Their board of directors, which is a nonprofit incorporated under the laws of the State of Florida, which has certain bylaws within it. And 1 brought up the concern yesterday and I think it is incumbent upon me to at least bring it up so you can be aware. In my recollection of the HUD guidelines, not many ways you can get around it, is that it is somewhat of a conflict for the municipality which has to make a decision on an agency that they're granting funds to, to also have involved with it selected members of the board for which they have to make that decision. 123 March 25, 1993 Mr. Bailey: And I discussed this with Frank yesterday and I did not get a chance to go back and read the old regulations but... Vice Mayor De Yurre: Herb, we do it all the time. We name people to every board. Mr. Bailey: That's certainly... I Understand you do. Vice Mayor De Yurre: I mean, like we name people that make the recommendations to us for all the CDBG (Community Development Block Grant) funding. You know... Mr. Bailey: Not for the boards of directors, Commissioner. I just want you to understand that. If it comes up again, you have heard it. But I do think in the HUD guidelines there is a provision whereby if you are to make a decision regarding granting funds to an agency, you cannot have any part in the board of directors of that agency. Mayor Suarez: Yeah. I think a wiser course is to appoint our special advisory board of directors and tell you in no uncertain terms, Bill and your board, that we're going to keep an eye on all proceedings and do the joint application, which I hope is agreeable to you, for the EDA funds and take it from there. Vice Mayor De Yurre: Well, let me ask you this. Have we gotten the minutes of the board of directors meeting that we requested? Mr. bill Rios: I have them with me. I... Vice Mayor De Yurre: You have them with you? Mr. Rios: Yes. Vice Mayor De Yurre: Well, I mean, like we'd like to have them beforehand, so we could take a look at it. How many meetings do you have? Mr. Rios: Since when? Vice Mayor De Yurre: What did you bring us? Mr. Rios: From... Up to 1985. Vice Mayor* De Yurre: Nine... You've got them all. All the minutes of all the meetings. Mr. Rios: Since 1985. Vice Mayor De Yurre: OK. I just need like the last couple of years worth. =n Mr. Castaneda: OK. We'll make a copy of that, Commissioners, and we'll make it available to all of them. 124 March 25, 1993 Vice Mayor De Yurre: OK. Mr. Castaneda: Commissioners, by the way, we have checked with HUD and HUD has no problem with naming individuals to their board. I think Bill Rios has also talked to HUD and received the same response. Mayor Suarez: I have set a motion, my own request for information from people who are active in that community for suggested names and if anyone would like additional names, I think we're going to get more than one. You know, people who are... I don't want to necessarily say professional. I don't want to say that you have to be a professional to be on a board like that, but people who would understand the issues, who would be willing to serve, who live in the area and who are trustworthy from a standpoint of some of the people who are working in that area and specifically, in my case, the recommendation I'm going to take is from a member of the clergy in that area who I think you know, Bill. So... All right. Thank you. If there is nothing else on that item, we proceed. Mr. Odio: The application is due tomorrow. That EDA application is... Mayor Suarez: Well, I assume that the fact of a joint application is acceptable. Mr. Odio: I'd like to... Mayor Suarez: Do you want something on the record on that? Mr. Odio: Yeah, he had... He told us fiat out he wasn't going to apply, so I want to hear... Mayor Suarez: You're not going to apply jointly with the City of Miami? Mr.'Rios: I didn't say... I haven't spoken to Cesar in years. Mr. Odio: No, you... when you talk to them, you're talking to me. Mayor Suarez: All right, sir. That is all past history. Are you going to apply jointly with the City or not? Tell us right now and then we'll decide what to do. Mr. Rios: The application left the day before yesterday. Mayor Suarez: Are you going to accept the City now all of a sudden applying jointly with you? By whatever it takes to do that, I'm sure there's a way to do it. Mr. Rios: The application left the day before yesterday. Mayor Suarez: OK. Assuming... Mr. Odio: Excuse me, Mr. Mayor. When he met with the staff yesterday, he didn't tell them that the application had left. He told them that he was going to apply on his own. 125 March 25, 1993 0 Vice Mayor De Yurre: Hello? Mr. Bailey: Why don't we just... L2 Mr. Odio: He flatly told us, Commissioner, Mr. Mayor, that he was going to do whatever he pleased, and that's what he told my staff. Mayor Suarez: Bill, if you sent the application and it's in the mail, and you don't know any process for amending it to include the City of Miami... Are you going to tell us that at this point, or are you going to tell us you're going to find a way to make sure that the City of Miami 1s a co -applicant with you? Mr. Rios: It has always been my intent, Mr. Mayor, to work with the City of Miami as best as I possibly can. Mayor Suarez: That's not my question. Are you going to figure out a way to amend the application to include the City of Miami? Tell us now, because then we'll do whatever we think we have to do. Mr. Rios: It will always be my intention to have a cordial and amicable relationship with the City of Miami. Mayor Suarez: All right, you're not answering the question. I have no further questions of Bill. I think I know what to do from here forward myself, so we'll have to ... Mr. Bailey: Can we just see what EDA does? We can discuss with EDA the relationship, because I don't know whether they've changed anything... Mayor Suarez: I don't think the secretary... Vice Mayor De Yurre: Either we are co -applicants with this, or I am making a motion to pull out everything that we've done. Mayor Suarez: I don't think Ron Brown will... the new secretary will approve the application if this, you know, if this Commission doesn't support it, Bill. So, you know, think about it. We'll... Mr. Bailey: It's all right with me. I'm just trying to get a project done, you know. Mr. Rios: Mr. Mayor, I've told you, I'm willing to work with the Administration... Mayor Suarez: But that's not the question. The question is, are you willing to amend the application to include the City as a co -applicant, or not? Mr. Rios: Well, you know, there's a lot of things that have been said here. A lot of sort of demeaning things about me, about my capabilities, about the organization's capabilities... Mayor Suarez: I don't remember a single thing demeaning about your capabilities, sir. 126 March 25, 1993 Mr. Rios: Yeah. And it's really been very difficult for rile. You know, you only take the word of people like Frank Castaneda, who come and give you information; someone for years who you know I don't get along with; someone who has had a very, very enjoyable time at my expense. He comes to you, you know, and he gives you information. You don't ask me for information$ You only go by, you know, what he tells you. Vice Mayor De Yurre: Bill, we been asking you for information. Mr. Rios: I - I... Vice Mayor De Yurre: We've asked for records, and we've asked for a whole bunch of goodies, and we haven't seen them yet. Mr. Rios: What you asked for - he asked me to give you... Vice Mayor De Yurre: And you brought it today, because I have no access to this. _ Mr. Rios: He asked me to give you the 9901s. I gave him the 9901s. Now, he says I gave him partial information. Well, I mean, that's what he asked for and that's what I gave him. He asked for the minutes. I got the minutes with me. Vice Mayor De Yurre: But do you expect us to look over them now? Mr. Rios: Well... Vice Mayor De Yurre: If we're going to have an issue that deals with you, and what we're asking for... Mr. Rios: I'd be happy to sit here and... Vice Mayor De Yurre: ...we expect to have this by way of advance notice. Mr. Rios: Vice Mayor, I'd be happy to sit with you, show you the minutes, and tell you about this project from A to Z, from the day that I started six and a half years ago till today. I have no problem with that whatsoever. Mayor Suarez: I would... go ahead. Commissioner Alonso: Bill, exactly the problem that we are having is the answers that we are getting from you. That's precisely the problem. Mr. Rios: I'd be happy to sit with anybody regarding this project... Commissioner Alonso: That's what gives us the idea that perhaps we are going to be facing problems in the future. Mr. Rios: In what sense, Commissioner? Commissioner Alonso: It's your answers. It's your attitude. 127 March 25, 1993 r. Rios: I'm sorry... Commissioner Alonso: The City of Miami has been very good to you. Mr. Rios: And kind, it's been generous, very generous. Commissioner Alonso: Very, extremely generous. Mr. Rios: And I'm grateful. Commissioner Alonso: Let's go back and only look three years back. I'm not going to refer prior to that. Mr. Rios: No, I understand... Commissioner Alonso: And the City of Miami has been good to you. Mr. Rios: Yes, ma'am, it has. Commissioner Alonso: Mr. Rios, I think it's about time you realized what we're talking about is taxpayers' money. Mr. Rios: I understand. Commissioner Alonso: It's property that belongs to the City of Miami. Mr. Rios: I understand. Commissioner Alonso: This is serious business. Mr. Rios: I understand. Commissioner Alonso: We're talking about millions of dollars. So you have a tremendous responsibility in front of us, and with the City. Mr. Rios: Yes, ma'am. Commissioner Alonso: So the least you can do is to get to us the information that we have requested, and to work with the City of Miami. Let me tell you something. You have worked for years, and I think you have done a good job... Mr. Rios: Thank you. Commissioner Alonso: ... in getting this done. I think you have been tenacious, you have been serious about doing the work, but also, the City of Miami has helped you tremendously. Mr. Rios: Yes, ma'am, it has. - Commissioner Alonso: Without some of the people who have helped you, you would have never gotten to this point. You are about to lose everything, years of work. Mr. Rios: I understand. 128 March 25, 1993 Commissioner Alonso: You are very close to that position, and only because of the attitude that you are taking. I really think that you should think this over, and change the way that you're acting here today. Mr. Rios: I'm only upset because for five years, I've been working on this project, and all of a sudden because EDA gave us this money, all of a sudden there's all these questions, and all of a sudden there's this demand for control. Why wasn't this done last year, or the year before, or the year before that, or the year before that? Mayor Suarez: Because we were very lenient with you. We had concerns two and three years ago, Bill. Mr. Rios: And if I was competent three years ago, Mr. Mayor, I'm competent today. Mayor Suarez: Bill, last June, you told me you were going to bring me an investor. I mean, do you want me to go into the whole thing? Commissioner Alonso: We have always given him the benefit of the doubt. Mr. Rios: Yeah, really, let's go into it, please. Let's go... Mayor Suarez: We don't choose to go into it. We don't choose to go into it, because we don't want to embarrass you, nor do we want to in any way say anything detrimental to the effort. Mr. Rios: Whatever... Mayor Suarez: What I'm willing to entertain from this Commission - let's put some teeth into it - if within, I think a reasonable number of days is within five days, you have not amended your application to include the City... Commissioner Alonso: Mr. Mayor, the problem is that tomorrow 1s the magic date. Mr. Odio: The deadline is tomorrow. Mayor Suarez: If within five days, which also includes within 24 hours, you have not done it, sir... Vice Mayor De Yurre: You can Federal -Express the application... =' Mayor Suarez: All right. Then we will oppose the application, and we will apply in our own name, and it's as simple as that. Mr. Rios: I understand. Mayor Suarez: All right. Somebody wants to move that? aVice Mayor De Yurre: So moved. �t 129 March 25, 1993 _�i ....._ _..__._..... Mayor Suarez: Because I know Mr. Brown, when he gets the application and the ' letter from the City of Miami saying we're not part of it and we're not - supporting it, will look at many, many other applications and other things he's got to fund. Commissioner Alonso: A question. If we do that, after five days, can we `- apply, or we have to apply tomorrow? Mr. Bailey: We don't know, Commissioner. We can check with the EDA and find out what the requirements are. Mayor Suarez: That would be a tough one because... Mr. Bailey: I'm not even at all certain, now that the application has been = submitted, we can modify. There is a review process which has a question and answer, and at that time we might be able to make the modification. Just — because the application is in does not finalize... Commissioner Alonso: I think... Mayor Suarez: Right. I'm sure it can be modified. Commissioner Alonso: I think Mr. Rios should leave this chamber now and come back within an hour... -- Mayor Suarez: Maybe you ought to think about it... Commissioner Alonso: ... and tell us... Mayor Suarez: ... for an hour, Mr. Rios. Commissioner Alonso: ... that he is going to have a joint application with the City of Miami. And I hope you realize how serious this question is. And I don't think you have the right to do this to the City of Miami. I don't think you have that right. Mr. Rios, I have no intention of hurting the City. It's always been nay intention to help the City. Mayor Suarez: OK. And the citizens of Wynwood. Thank you. I think maybe the idea that we'll not entertain the motion and instead give you an hour. Maybe 1n an hour you'll think a little bit more carefully. Mr. Rios: I'll be happy to meet with Mr. Bailey and discuss out the details... Mayor Suarez: I don't think you need to meet with anybody. I think you ought to meet with yourself and your spiritual confessor, and be back in an hour. OK. Item - what item are we on? Mr. Odio: Thirteen. Mayor Suarez: Thirteen. 130 March 25, 1993 lil Mr. Bailey. Wait a minute. I need clarification. Commissioner Alonso: What about 11? When you... Commissioner Dawkins: If, Mr. Mayor, and all of us, in the event that this application goes through and the permit is granted, do we plan to pull the reverter clause and take the land back? Or how are you - I mean, I don't - I need to know where we are. Mr. Odio: They were talking specifically now, Commissioner, on the $5,000,000 EDA application. The land was not part of the motion, as I understand. Commissioner Dawkins: Yeah, but you - oh. million dollars by himself? Mr. Odio: Yes. Commissioner Dawkins: And you want... Mr. Odio: And I wanted to... So he applied for five and a half Commissioner Dawkins: ... to amend it to be half and half? Mr. Odio: See, we brought the EDA here, and we want to be part of the application. Commissioner Dawkins: Okay. Yeah, okay, fine. I don't have any problem, but all I'm trying to figure out is, if you do not get compliance from him on the five and a half million dollars, what? He still got two - got an investor with $2,000,000, and he's going to go ahead with his own. What does .. Mayor Suarez: He could conceivably build some facilities there without the EDA monies. Nobody thinks it's very likely, but he could. Commissioner Alonso: Yes. 21. (Continued) BRIEF RESTATEMENT OF PRIOR DISCUSSION CONCERNING SPECIAL PURPOSE GRANT FOR RELOCATION OF CAMILLUS HOUSE. (See label 14) Mayor Suarez: Yeah. Can we restate for Commissioner Alonso's benefit, what, If anything we did on item 11? Commissioner Alonso: Yes. Mayor Suarez: Commissioner, some of the things that were discussed included the possibility, advanced by staff, of beginning condemnation proceedings to simply acquire the Camillus House property, the one Downtown, and whether the 131 March 25, 1993 monies that are now presently being authorized and possibly appropriated. the $2,000,000 could be used for that purpose. I don't think we ever got a clear answer to that because I don't think the City Attorney was ready to give an opinion on that. It was also discussed I think by these two Commissioners that they would not want the $2,000,000 to be used to simply reconstitute Camillus House, but they want to actually relocate it. And then a third issue that came up was whether the neighbors in the area of the Fifth Street facility - I think this is Commissioner Plummer's concern, in particular. It was mentioned possibly by the Vice Mayor and Commissioner Dawkins also - whether those neighbors would not be in favor of whatever it is that Camillus House wants to put there. I think it would have been a health concern and some administrative offices. I personally believe that that part of the discussion was not correctly oriented, because I think they have a right to do that without the City... Commissioner Alonso: ... coming to the City Commission... Mayor Suarez: Right. Commissioner Alonso: Or asking for any zoning changes. Mayor Suarez: I believe they do, and I think the land is clearly theirs, and we took no action other than that general discussion. But I think anyone who proposes that this Commission is ready to take $2,000,000 and give it to them under the proposed plan of Camillus House should be advised that that may not be the consensus of this Commission. I didn't put anything to a vote. No one made any motions, and we simply went on to the next item. Commissioner, Alonso: OK, thank you. 22. (Continued discussion) REACH AGREEMENT WITH BOARD OF DIRECTORS OF THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY AND HAITIAN TASK FORCE FOR PROPOSED APPOINTMENT (BY THE COMMISSION) OF THREE BOARD MEMBERS PER ORGANIZATION -- PROVIDE FOR FUNDING OF SAID ORGANIZATIONS FOR REMAINDER OF FY ENDING JUNE 30, 1993, WITH PROVISOS. (See label 20) ---------------------------------------------- Mayor Suarez: OK. That takes us to item 13. Mr. Frank Castaneda: Commissioners... Mayor Suarez: Yes. Mr. Castaneda: Excuse me a second. Haitian Task Force and the Allapattah organizations are funded by the State; the neighborhood. They are more than the Commissioner, each organization. On - there were two other parts, the Business Development Authority. Both 51 percent of the people are elected in willing to give three appointments to Is that correct? Three appointments 132 March 25, 1993 0 i each - I'm sorry, three appointments for the Commission for each organization. We believe that we can work with them and resolve the issues, and we can continue funding them till the end of the year. I don't know how you want to get together about the three appointments. Commissioner Alonso: What do you mean? Three appointments for the Commission for three organizations? Mr. Castaneda: For two organizations. Allapattah Business development Authority... Commissioner Alonso: For the two organizations that are part of this item. Mr. Castaneda: Right. Commissioner Alonso: OK. Mr. Castaneda: Allapattah Business Authority and the Haitian Task Force. Three appointments to each organization, so it is six appointments in total. Mayor Suarez: One possibility is to have you present, you know, if the three members recommend it, and the other possibility is to have each Commissioner suggest one member, and then collectively we can suggest a sixth member. That's another way. Mr. Castaneda: OK. Could we... Mayor Suarez: The two are ABOA and? Mr. Castaneda: ABDA and the Haitian Task Force. Could we continue the funding of these organizations pending we can resolve all the other issues with them? Mr. Pablo Perez -Cisneros: Well, provided all the other issues, provided all the other monetary issues are clear. In other words, we want to make sure that now that we will continue funding, before we go ahead and release another penny, that they do what they're supposed to do to meet HUD (Department of Housing and Urban Development) guidelines. All right? Mayor Suarez: OK. You want to make that a proviso of the motion? Mr. Perez -Cisneros: Yes, sir, I do. Mayor Suarez: No, I - this is the Commission that has to do that. Commissioner Dawkins: So moved. Mayor Suarez: So moved with that proviso. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll as to both. 133 March 25, 1993 Commissioner Alonso: He got carried away. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-205 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING INDIVIDUAL CONTRACTUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND AS SPECIFIED HEREIN, WITH TWO (2) NEIGHBORHOOD ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATIONS ("CBOS"), THEREBY PROVIDING FOR EXTENSIONS TO SAID AGREEMENTS FOR THE PERIOD OF APRIL 1, 1993 THROUGH JUNE 30, 1993, TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS; ALLOCATING FUNDS THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Upon being seconded by Commissioner Alonso, the resolution was 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. 23. WAIVE CITY CODE PROHIBITION AGAINST TRANSACTION OF BUSINESS BY CITY EMPLOYEE AS IT APPLIES TO IRMA J. LUTHY -- TO ENGAGE HER SERVICES AS AN INDEPENDENT CONTRACTOR IN MATTERS PRIMARILY RELATED TO FUNCTIONS FOR THE REVIEW f ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS (FOR DEPARTMENT OF RISK MANAGEMENT). Mayor Suarez: Do we need to take up Item 10 now that we have four -fifths of the Commission? This is a waiver. You had made the motion, I think, and we realized we didn't have four -fifths. Waiver for the ability of the Commission to accept services by one individual named... Commissioner Dawkins: Irma J. Luthy. Mayor Suarez: OK. So moved by Commissioner Dawkins. Do you want to second it? Commissioner Alonso: Second, yes. Mayor Suarez: Seconded. Any discussion now? Please call the roll. 134 March 25, 1993 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-206 A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE TRANSACTION OF BUSINESS WITH A CITY EMPLOYEE, AS SUCH PROHIBITION APPLIES TO IRMA J. LUTHY, WHOSE LAST SCHEDULED DAY OF CITY SERVICES AS A NURSE ADVISOR WAS MARCH 12, 1993, FOR THE PROPOSED ENGAGEMENT OF THE SERVICES OF SAID INDIVIDUAL AS AN INDEPENDENT CONTRACTOR IN MATTERS PRIMARILY RELATED TO THE FUNCTIONS FOR THE REVIEW AND ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS FOR THE DEPARTMENT OF RISK MANAGEMENT. (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: 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. 24. (Continued discussion) BRIEF COMMENTS CONCERNING EXPENDITURE OF GRANT MONIES PREVIOUSLY APPROVED. (See label 12) Mayor Suarez: Item 13. You need... Commissioner Alonso: Yeah. Just one comment for the record. I was not here for item 8, and I received the package on this Item 8 in the morning. I think when we have issues of concern as we had in the last session, I think we should have been given this package well in advance to have ample opportunity to read it. Commissioner Dawkins: Eioht. Mayor Suarez: Just a clarifying note by Commissioner Alonso... Commissioner Alonso: Yes. 135 March 25, 1993 F- Mayor Suarez: ... that she wants to receive the package on an item of that importance, even though it's sort of a pass through, but still, we should know. 25. FUND PARK WEST ASSOCIATION FROM 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (FROM APRIL 1 -• JUNE 30, 1993). Mayor Suarez: Item 13, CDBG (Community Development Block Grant) funding for Park West Association. Mr. Frank Castaneda: Right. Park West Association 1s a new agency that was recommended by the CD (Community Development) Advisory Board last year. It has taken them this far to get together to have all the contract papers ready. We can do either one of two things. Either we can start funding them from April 1st to June 30th, and give them $12,500, or we could delay this action till the beginning of next year, Commissioner, and fund them along with all the other agencies. It's up to whatever the Commissioners would... Commissioner Dawkins: What do you recommend? Mr. Castaneda: If - I'd recommend the $12,500, and then get them started, and then that way we'll put them in the same cycle as the other organizations on July 1st, if that's the case. Commissioner Alonso: Well, we'll follow your recommendation. Commissioner Dawkins: Mr. Manager, do you concur? Mr. Odio: Yes, sir. Mayor Suarez: All right. So moved and seconded by Commissioner Alonso. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-207 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND AS SPECIFIED HEREIN, WITH THE PARK WEST ASSOCIATION , THEREBY PROVIDING FUNDS IN THE AMOUNT OF $12,500 FOR THE PERIOD OF APRIL 1, 1993 THROUGH JUNE 30, 1993, TO IMPLEMENT ECONOMIC DEVELOPMENT PROGRAMS; = ALLOCATING FUNDS THEREFOR FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. - 136 March 25, 1993 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre 26. GRANT REQUEST BY PRESIDIO POLITICO HISTORICA CUBANO TO RELOCATE ITS MONUMENT FROM RIVERSIDE PARK TO THE CUBAN MEMORIAL BOULEVARD. ------------------------------------------------------------------------------ [NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCR!PT, 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 MILL BE DENOTED BY CAPITAL LETTERS. TRANSLATIONS WERE MADE BY MAYOR SUAREZ.] Mayor Suarez: Item 14. Commissioner Alonso? Commissioner Alonso: Yes. These gentlemen represent the organization, and what they would like is to move this monument from the location that it is right now at the Riverside Park to the Casa del Preso Politico. Mayor Suarez: Is that a complicated legal problem? Commissioner Alonso: It is... Mayor Suarez: I mean, is that anything that we need to be concerned about? It would be going from public to private property and the monument is technically owned by - probably by the Association itself. So the only permission that they need is so they won't do any damage to public property as =_ they remove it. It sounds like perfunctory. It sounds like we can just approve it. — A. Quinn Jones, III, Esq. (City Attorney): Yeah. I don't see any rest problem with it. — Mayor Suarez: The public has been notified, and no one is here to oppose the relocation of that monument. Let the record reflect that no one stepped — =' forward to oppose it. =_ Mr. Cesar Odio (City Manager): Provided it's at their cost. That's what they agreed to. 137 March 25, 1993 -t Mayor Suarez: Do you want to explain to them in Spanish? Commissioner Alonso: Yeah. USTEDES ENTIENDEN QUE SE ESTA DICIENOO QUE USTEDES VAN A SER RESPONSABLES POR EL TRASLADO DE ESTE MONUMENTO? USTEDES LO ENTIENDEN? Y ESTAN DE ACUERDO. Mr. Osvaldo Verdecia: COMO NO. CON MUCHO GUSTO. QUERIA DIRIGIRME AL HONORABLE SENOR ALCALDE, LOS DEMAS COMISIONADOS Y AL ADMINISTRADOR DE LA CIUDAD QUE ESTAN AQUI PRESENTES. ESTAMOS... EL PRESIDIO POLITICO HISTORICO ESTA MUY AGRADECIDO DE CUANTA ATENCION HEMOS TENIDO NOSOTROS POR ESTA COMISION. ENTONCES NOSOTROS NO... NOSOTROS NOS HACEMOS RESPONSABLE CON CUALQUIER DANO QUE PUDIERA SUCEDER EN EL TRASLADO DE ESTE MONUMENTO... EN EL ACTO DE HACER EL TRASLADO DE DONDE ESTA EL MONUMENTO PARA EL FRENTE A LA CASA DEL PRESO QUE VA A SER ALLI PARA LA CALLE DONDE ES LA CALLE DEL MONUMENTO ES PORQUE ESTA MUY SOLO POR ALLA Y A MENUDO NOS LE HACEN DANO, QUEREMOS TENERLO EN FRENTE DE NUESTRA CASA DEL PRESO PARA ESTAR VIGILANDO ALLI ESE RECUERDO QUE TENEMOS DE TANTOS HERMANOS NUESTROS QUE HAN CAIDO EN LA LUCHA POR LA LIBERTAD DE NUESTRA PATRIA. MUCHAS GRACIAS. TRANSLATION: They basically are saying that on behalf of the Historical Political Prisoners Association that they are thankful for the attentions of the Commission and the Manager. And they become - they accept responsibility for any damage they may cause by the movement or transfer of this monument. The reason for wanting to move it is that they would place it in the street that has so many other memorials, and where it is now it's kind of lonely, so it is subject to damage and vandalism where it is now. They want to be able to keep an eye on this monument that represents the suffering of so many of their brothers and sisters. Commissioner Alonso: Well, I so move that we approve as requested. Mayor Suarez: So moved. Commissioner Dawkins: Second. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-208 A RESOLUTION GRANTING THE REQUEST OF PRESIDIO POLITICO HISTORICO CUBANO, INC. AND AUTHORIZING SAID ORGANIZATION TO RELOCATE, AT ITS OWN COST, THE MONUMENT CURRENTLY LOCATED IN RIVERSIDE PARK TO A SITE ON CUBAN MEMORIAL BOULEVARD (S.W. 13TH AVENUE BETWEEN SW 11TH AND 12TH STREETS); SUBJECT TO AND CONTINGENT UPON SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE ADMINISTRATION, INCLUDING THE REQUIREMENTS THAT THE ORGANIZATION OBTAIN LIABILITY INSURANCE TO PROTECT THE CITY AND THE APPROVAL OF THE NEW SITE BY THE DEPARTMENTS OF PUBLIC WORKS AND PLANNING, BUILDING AND ZONING. 138 March 25, 1993 77777 ; Upon being seconded by Conxnissioner Dawkins, the resolution was 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. Mayor Suarez: I may have been wrong when I assumed from what I saw here that they're moving it to private property. They may be wanting to move it back... Mr. Alberto Ruder: To a right-of-way, public right-of-way. Mayor Suarez: OK. Commissioner Alonso: Across the street. Mayor Suarez: OK, so you'd have to supervise that and make sure you approve location, and the way that they're going to anchor it, et cetera. OK. So maybe somebody can explain that to them, Al, that that has to be worked out too, because if you move it to private property, it's that much easier. Item 16eee Commissioner Alonso: Fifteen. Mayor Suarez: Which I believe I've got withdrawn here. Commissioner Alonso: Withdrawn? Mayor Suarez: And the reason I've got withdrawn is that Mr. Broeker, now I remember, was here all morning waiting for it and said that he'd just as soon have this left for the next... Vice Mayor De Yurre: He said he might come back at 5:00. Mayor Suarez: He said he might come after 5:00, OK. Commissioner Dawkins: And we can go back to it. Mayor Suarez: 0k. -= ---------------------------------------------------------- loop NOTE FOR THE RECORD: At this point, agenda item 15 was withdrawn by applicant. ---------------------------------------------------------- ' 139 March 25, 1993 --------------------------------------------- --------------------------------- 27. DISCUSSION CONCERNING PRESENT SITUATION REGARDING THE COCONUT GRAVE STREET VENDORS -- SET WORKSHOP FOR APRIL 1ST. [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 NAYOiR SUAREZ.] Mayor Suarez: On Item 16, then, this is the last item before the 5:00 o'clock agenda the way I see it. Now, I have finally understood what was at play here. What was at play is that in the existing ten vendors locations, you have a sort of first come first serve system. Is that really the way it works, or is it kind of known who is supposed to be using those? Mr. Wally Lee (Assistant City Manager): Commissioner, the way the ordinance is written right now, it's first come, first served. Mayor Suarez: But in the way that it actually operates, is it kind of known who's supposed to be there or do they actually... like the Cheech and Chong movie, they show up at 2:00 o'clock in the morning and see... Mr. Lee: Well, apparently there's a rotation amongst the present vendors. They've reached some kind of agreement and they rotate. Mayor Suarez: So maybe there's something more than meets the eye in the ordinance, but otherwise, they're supposed to rotate? No, no, it's supposed to be first come, first served, rather. Mr. Lee: No. No, it's supposed to be first come, first served. Mayor Suarez: And what, is that - there's no limitation on that? It could be conceivably someone that stays 24 hours... Mr. Lee: Well, there's certain hours. You have to be in there by 10:00 o'clock in the morning and leave at certain times. Mayor Suarez: And nobody is there at 9:30 or at 5:30 in the morning, jostling for a position? Mr. Lee: Not to the best of my knowledge. Commissioner Alonso: Mm-hmm. Yes. Vice Mayor De Yurre: At one time they did, sir. 140 March 2.5, 1993 Mr. Lee: At one time. Mayor Suarez: OK. I want to hear from staff first, then you can contradict him all you want. All right. Anything further from staff on this, Wally? Mr. Lee: Well, Mayor, it's that we are coming with a new ordinance at the first meeting in April... Mayor Suarez: First meeting in April. Mr. Lee: Where we are proposing to bid for the spots. Mayor Suarez: Ten and one, or 11 of them, or what? Mr. Lee: Ten spots, sir. Mayor Suarez: And then this other spot would be subsumed into the other ten. Mr. Lee: To the present nine. This would be the tenth spot. Mayor Suarez: This would be the tenth, all right. Vice Mayor De Yurre: Mr. Mayor, let me tell you something, because this bidding process, we need to look at it carefully, because it depends what you sell. Some people can afford to give more, depending on what they sell, and others can't. So I would venture to say look into this process, and maybe if we identify ten sites or 12 sites, whatever the number is, that 1f there are more than those number of applicants that there be some kind of lottery system. And those that get - if there is - we're talking about ten spots. We take the first ten that we draw, and those become the pool, and you rotate it either once a month or whatever. None of this first come, first served. I'm trying to put as much trouble out of the way from the process, and that way it's fair for everyone. Everybody's in the system and everybody gets to enjoy the location equally with everybody else during the course of time. So at least that's the way I'm leaning towards something, and I don't want this thing about a first come, first served, because I don't think it's fair. And I don't think it's fair that it becomes a bidding thing because some make more than others and can afford to pay more than others. Mr. Lee: Yes, sir. Mayor Suarez: You want... any particular preference on... is it your... either way, it really doesn't matter how we go on this. Do you want to make a quick presentation? Unidentified Speaker: Yes. OK, let them talk. Let them talk. Mayor Suarez: For some reason this looks like a sort of adversarial thing. I don't know exactly why. Unidentified Speaker: They're on the agenda first, so... Unidentified Speaker: They're on the agenda. Speak. 141 March 25, 1993 Ms. Mara Fernandez: No, that's OK. You can speak. We don't have a problem with that. You can speak first. Go ahead. Mayor Suarez: So now nobody wants to speak. All right. We can go on to the next item. Mr. Matt Hutchinson: If I can say just a couple words quickly. Mayor Suarez: There we go. We got somebody who wants to speak. What's your name? Mr. Hutchinson: Sir, my name is Matt Hutchinson. I've been a vendor for about three and a half months in Coconut Grove, a relatively short time, with my wife. But what I see as the main issue here, and I think why you see it as kind of an adversarial thing, is because the situation as 1t stands, and as it has stood for over a year is that the Fernandezes have their own spot which no one can touch, no one can sell from, which as far as I'm concerned is the best spot in the area. But that's irrelevant I guess as to why we're here. Why we're here, at least partially, is because we - maybe someone on the Commission can answer the question for us - why these people are put above us, and they have their own spot, they can show up at whatever time they want and are guaranteed the number one spot in the Grove and why we are... we, as it stands, it is a first come, first served basis. Mayor Suarez: OK. But let's assume, let's assume - and that's an interesting question, and it's probably a question that we could spend hours trying to answer. Let's assume that that won't be an issue. Let's assume that in a first meeting in April, I think, Wally, there will be an ordinance read, and it could even be an emergency ordinance, because we want to avoid, you know, any unfair competition, okay? Let's assume that. And let's assume that that ordinance calls for what - ten spots? Commissioner Alonso: Yes. Mayor Suarez: Ten spots. And I guess this one would be one of them. Mr. Joel Maxwell (Assistant City Attorney): It can be whatever number you want. Mr. Lee: Ten spots. This would be one of them. Mayor Suarez: One of them. And let's - and then what do you propose would be the system by which we would select the people that would get to use those ten = spots? _ Mr. Hutchinson: Well it can either be... it either can be a first come, first served basis as 1t is now, which has not worked perfectly, but I don't think there has been the - any problem that could not be resolved among the vendors, except for the Fernandezes, as far as I know. I mean, everyone else has been able to work it out on a first come, first served basis. Some people show up and get the spot. You can get it once a weekend and, you know, most people are satisfied with that, because there are three - probably three very good _ spots, including the one that the Fernandezes have. I would suggest that... 142 March 25, 1993 Mayor Suarez: But you don't want to - you don't support the concept of competitive bidding, because you're afraid, as the Vice Mayor said, that the price would be bidded up to the point that a lot of smaller vendors... Mr. Hutchinson: That is a big concern of mine. The Fernandezes own the store = and I think it puts us at an unfair... Commissioner Alonso: Now, I believe Mr. Lee has been working on a system that is going to be very inexpensive. It has to be in order to... Mayor Suarez: With some kind of a cap or... Commissioner Alonso: Exactly. Mayor Suarez: OK. So... Commissioner Alonso: That's at least what he has mentioned to me, that he had in mind working in a system that is flair to the type of competition that we are going to see in the Grove. That's what you told me at least. Mr. Lee: Yes, ma'am. However, this is like any other business deal. When - you bid on it, you're bidding based on what your return... Commissioner Alonso: They understand that, I assume. Mr. Lee: Yes. Commissioner Alonso: But what I'm trying to... It's not going to be above them, what we are going to put for bids. Mr. Lee: I wouldn't think so. Mayor Suarez: OK. Commissioner Alonso: What we're trying to convey to them is that we're trying to be fair. It's not getting them out of business. That's what I'm trying to convey to them. —= Ms. Fernandez: If I may. There were ten spots previously designated in the Grove. The one that we're standing on is not one of the ten designated spots... Mayor Suarez: Give us your name for put on the record, please. Ms. Fernandez: My name is Mara Fernandez. The one situated where we are situated was not one of the vending spots. This was done to remove us from the mayhem of what was going on with the spots, because we had been physically assaulted, we had all of the problems because of other vendors... Mr. Ted Stahl: That's history. Ms. Fernandez: ... allow me, Mr. Stahl... 143 March 25, 1993 =i Mayor Suarez: Fait, wait, wait, wait, wait. I don't know that that has any relevancy to anything, but she's got a right to say it, folks, and then you can say whatever you want. Ms. Fernandez: And the point was that... Commissioner Alonso: If I may interrupt. Do you recall they came about three times to the City Commission with this issue and as a result of that, Dr. Prieto worked with them, and that was the solution that was found. Mayor Suarez: OK. Commissioner Alonso: That it was acceptable at the time, because the spot was not one of the good spots, and it became one of the good ones. I imagine now it's a very good one. Mayor Suarez: OK. Ms. Fernandez: Well, or so they claim that it's one of the good ones. This is what I don't understand. If I was to stand across - if I was to stand in Siberia, then this would become a good spot. Commissioner Alonso: You are saying your products are good. Ms. Fernandez: That's not the issue. The issue is the amount of hours that I work. It's the amount of hours that I work. That's what makes the difference. I don't miss weekends, I don't miss certain days. We work there all of the time. When we say we work half a day, we don't mean from 8 to 12. We mean from 12 to 12. Mayor Suarez: All right. Ms. Fernandez: And that's important that that's understood. Mayor Suarez: Twelve hours. Ms. Fernandez: It's not a matter of the fact that we're there and now - now, when Dr. Prieto said... Mayor Suarez: How do you feel about the ordinance proposed to go into effect, or to be voted on at the first meeting in April? Ms. Fernandez: I agree with it, and I have agreed with it for two and a half years. Mayor Suarez: I don't care about the last two and a half years. Today, how do you feel about it? Ms. Fernandez: I agree with it entirely, yes. Mayor Suarez: You agree with it. All right, anything further? Mr. Howard Feinberg: OK. My name's... 144 March 25, 1993 11 G Mayor Suarez: Yeah, and then we'll give you one more shot at the apple, i Mr. Feinberg: My name is Howard Feinberg, and I guess I'm the first vendor. I've been selling in Coconut Grove for ten years, and I was - I was involve Mayor Suarez: Yeah, I certainly remember it. But, you know, an ordinance ca always have an additional spot added to it or whatever. Mr. Feinberg: Yes. f Mr. Feinberg: Yeah, and I would have to - I mean, I have to look at... Mayor Suarez: Rather than arguing that we are somehow being unfair, why don't you tell us how you feel about it, if you've looked at it. If you haven't, then, you know, maybe somebody else has. Mr. Feinberg: No, I haven't. I haven't looked at the proposed ordinance. Mayor Suarez: OK. Mr. Feinberg: But just - just... Mayor Suarez: But from the description that you heard you... Mr. Maxwell: Mr. Mayor, the ordinance hasn't been drafted. There's nothing for them to look at right now. Mayor Suarez: From the parameters that you've heard. We don't even have a drafted ordinance yet. You're going to have all the input today, plus whatever time the staff spends with you. I'm sure they'll spend time with you, because we want to have your support. So what other kinds of features would you like to see in the ordinance? 145 March 25, 1993 Mr. Feinberg: Well, I feel that the ordinance, the way it stands, worked very well, and there was newer an excess of vendors, and we never really had a problem. In terms of... Mayor Suarez: But you don't object to - what's it now, nine spots and then it would go to ten? Is that the idea, Wally? Mr. Feinberg: No, of course I don't object to more spots. = Commissioner Alonso: Actually 11, because of theirs. Originally, it was ten, =_ and now we are going back to ten. Mayor Suarez: We're going back to ten. Commissioner Alonso: Yes. Mayor Suarez: All right. Mr. Feinberg: Really, what I want to say is that within the law that was drafted, the present law that we're under right now, there are a lot of things - that, you know, nobody really liked completely, but there was a compromise situation. And the rotation was put in effect ... was an agreement between the vendors. Mayor Suarez: It's an informal agreement to supplement the ordinance. Mr. Feinberg: Verbal agreement, just a verbal agreement... _ Mayor Suarez: What if you're left out of the rotation? What if you're not part of the in crowd, and you're left out of the rotation? Mr. Feinberg: No. There's a lot of people who didn't want - the rotation was only on the spots that were most in demand. Out of ten spots, there were really only three spots that were in demand, and those spots went on rotation. Mayor Suarez: So it was an informal rotation for those three, and everybody agreed to that informal rotation? Mr. Feinberg: That's right. That's right. Now, when the - when the c Fernandezes... Mayor Suarez: See, the problem is that from the legal standpoint, you've just kind of slit your own throat, because you've said that there's something extra legal that was done here by the - voluntarily admittedly - but it perhaps left some people out, OK. Mr. Feinberg: No, we didn't leave anybody out. - f Commissioner Alonso: Let me... Mr. Feinberg: Everybody had... e Commissioner Alonso: Now long have you been there? 146 March 25, 1993 Mr. Feinberg: Everybody had to say. If somebody new came in, then if they wanted one of the spots that was on the rotation, they went into the rotation. Ms. Fernandez: That's not true. Mr. Feinberg: If they wanted a spot that was out of the rotation, they had the right to take that spot. There were always spots available. Mayor Suarez: Piease, please. Commissioner Alonso: How long have you been there? Mr. Feinberg: Ten years. Commissioner Alonso: And isn't it true that you have more or less your own spot' Mr. Feinberg: Only because I met - I met... Ms. Fernandez: Thank you. Thank you. They don't rotate. Mr. Feinberg: Listen. I met with the other vendors. We had a meeting, and I said, does anybody want the spot in front of Senor Frogs. Commissioner Alonso: But they respect yours because you have been there all the time, isn't it true? Mr. Feinberg: It was - no, it wouldn't have to do with that. I said because, in order to avoid the hassles over the spots that everybody had, I said that if nobody wants the spot by Senor Frogs, nobody wants it. If anybody wants it, great. I'll make an agreement with anybody who wants it. But if nobody wants it, I'd be willing to take that spot and not go into the rotation on the other spots. At the time I did that, Cocowalk wasn't built, it was a hole in the ground. Calloway's wasn't there. All that was there was Senor Frogs and nobody else wanted it. Now there is Calloway's there, now... But even still, I don't claim ownership of that spot. If somebody wants that spot, we could work something out. And if that spot wants to go into rotation, that's fine. There are two other spots right on Fuller Street nobody ever uses. I, you know.. I mean, even in front of TCBY people don't really like... Mayor Suarez: One question, sir... Mr. Feinberg. One... You know, this is the classic issue for the Coconut Grove Village Council. I mean, there is a point at which this Commission cannot delve into... Mr. Cesar Odio (City Manager): They voted... Mayor Suarez: ...the details of, you know, where exactly vendors are placed, and how much they're restricted, and how competitive the process should be, and whether it's rotation or first -come first -serve, or whoever could pay the highest. Mr. Odin: They voted for this to support... 147 March 25, 1993 Mayor Suarez: Right. But what we would like though, Mr. Manager, rather than your statement that they voted for it - whatever it is - is, you know, that the chairperson of the council be advised that we would like to have their testimony when we take this matter up, presumably the first meeting in April... — Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor, if I may... Mayor Suarez: ...with are ordinance already drafted which should be submitted to them. Mr. Maxwell: Yes. May I, Mr. Mayor? Mr. Odio: Excuse me. They voted last Tuesday to support the existing ordinance to maintain what we have. Mr. Maxwell: Yeah. That's what I was told. Mayor Suarez: The existing ordinance. Mr. Odio: Yes, they did. Mr. Maxwell: Yeah. Mayor Suarez: All right. Very good. So, then they ought to be notified, if we're going to modify the existing ordinance, if there is any chance that we'll modify the existing ordinance, so that they could be here to testify and be aware of it. Ms. Fernandez: If I may, please. There is... Mayor Suarez: Wait, wait. OK. So, Mr. Feinberg, we've heard a pretty good amount out of you. Mr. Feinberg: Yeah. Mayor Suarez: Do you want to wrap up, sir? Mr. Feinberg: Yeah. The only thing I... Mayor Suarez: Because we have other items to do today. Mr. Feinberg: All right. The only thing I'd like to say to conclude is that we've tried very hard to stay within the restrictions of the law which hasn't always been easy because of the first -come first -serve situation. I think it was unfair to create a situation where somebody was allowed... In other words, I feet that the City of Miami - excuse me for saying - went against their own law. Because every vendor would like to have their own spot in the best place. You know, but we were willing to compromise with ourselves. Commissioner Alonso: But exactly what we are doing now was... seems to be fair - whoever wins, that will be the spot. If I may, may I ask - all of you are vendors - could you tell me how long you have been there? 148 March 25, 1993 Mayor Suarez: Please., ma'am. please. Commissioner Alonso: Let them answer. They are very capable of responding to my questions. Yes, how long have you been there? Mr. Avi Harari: I was there from the beginning of the... Commissioner Alonso: How long? Mayor Suarez: Could you put your name on the record, please, sir? tz Commissioner Alonso: How long have you been there? State your name for the record, please. Mayor Suarez: State your name. Mr. Harari: OK. My name is Avi Harari and I'm a vendor and a store -owner in Coconut Grove. Commissioner Alonso: How long have you been there? Mr. Harari: For five years. Commissioner Alonso: Five years. And are you there all year round? Mr. Harari: Well, I stopped working in the last year because I felt very, very bad about that I felt I was discriminated against by the Fernandezes getting their own place for their own self and I have to go and hustle to cone early to get a spot. And all of this, you have to create for them their own spot, to me it's against the law and to the lawyer of the City itself, who... Commissioner Alonso: Let me clarify. It's not against the law. When the City Commission approves something, it's not against the law. Mr. Harari: But not for specific vendor, that's what I understand. It's OK to appoint another space for everybody, but not for a specific vendor. Commissioner Alonso: So, you're telling me that you stopped selling for a year because you felt... Mr. Harari: Yes, and I can tell you... Commissioner Alonso: ...you were discriminated. So you did not work there last year. Mr. Harari: I not only concur with that, I can only... I can tell you too that I'm on medication due to that point, because I was harassed by Fernandezes and I have a lawyer who will take care of them. These people caused me a lot of trouble emotionally and physically - I've been seeing a doctor for a year because I almost had a nervous breakdown because of that reason. Commissioner Alonso: Mr. Fernandez, perhaps. 149 March 25, 1993 Mr. Harari: Yes. Commissioner Alonso: But Mrs. Fernandez doesn't seem to me that: she could be that strong to do that. Mr. Harari: Oh, no. You don't know yet. Commissioner Alonso: But never mind. Let's not go into that. The other gentleman said - three months have you been there? Mr. Hutchinson: Yes, I've been there for a short time, but I think that is an important issue, although it might seem unbelievable to you, Ms. Alonso. Commissioner Alonso: That's why we... Mr. Hutchinson: I know. But the... Commissioner Alonso: ...assigned the other... because we were told of horror stories up here. Mr. Hutchinson: I know, but what you've done is an injustice to us. You have helped in a campaign... Commissioner Alonso: That's what we are trying to correct now. Mr. Hutchinson: OK. I appreciate that. Commissioner Alonso: Yeah. Mr. Hutchinson: But what you have done - indirectly and maybe without knowing, is contributed to a campaign by these people. And I'm not here to speak out against any individuals, but these people have waged a campaign against my wife and I to get us out of the Grove. They have... And I have two witnesses that can corroborate my statement. They offered to pay the man who rents us our cart not to rent it to us anymore and they have succeeded. Last... Because we were here at the last City Council meeting, a couple of weeks ago... Commissioner Alonso: And I was thinking that you had an added advantage - that baby of yours was counting for very heavily, believe me. Mr. Hutchinson: I wish it was, but what he says seems... When he first told me that he was being harassed in that way, I thought it was strange, too. But I can attest that it does take place. These people have slandered, they have... I was at... Mayor Suarez: This is not a court of law though. Commissioner Alonso: We... Mr. Hutchinson: I know. I know it isn't. Commissioner Alonso: Yes. Let's not... =, 150 March 25, 1993 ^t 0 Mr. Hutchinson: And I don't want to bring any,.. Im Mayor Suarez: You know, and some of what you said - if it were true - might be actionable as unfair competition or some other, Mr. Hutchinson: I think so, but I happen... we happen to sell the same thing they do - we sell sterling silver jewelry. And they have waged a campaign against us to get us out of the Grove. I can tell you right now, next weekend it's doubtful 1f I'm going to be able to work. They have offered money to the person who rents us our cart not to... Mayor Suarez: You said that already and I already told you that that's a subject possibly of an antitrust or unfair trade practices claim in court. Mr. Hutchinson: OK. I would like to know how I could, because I don't have access to a lawyer at this time. Mayor Suarez: Well, not here, not at this Commission. Mr. Hutchinson: I know. OK. I wanted to make that point about the seriousness of what you've done when you created a specific spot for these people. Mayor Suarez: Very good. Mr. Hutchinson: Thank you. Ms. Fernandez: Mr. Mayor, allow me please, because I'm concerned... Commissioner Alonso: And the last gentleman... Mayor Suarez: Either way, but she wants... And I think it makes it... Ms. Fernandez: Yeah, I'm concerned because... Mayor Suarez: Wait. She wants to hear - and I think it makes sense to hear - completed testimony from Mr. Stahl. Commissioner Alonso: At the last gentleman... Not Ted, because I don't think this is... Mayor Suarez:...and then we go back. All right. Commissioner Alonso: ...he's in this business, even though he does know the problem quite well. Mr. Ted Stahl: I'm not in the business, but I sat for two years based on your request to draw up this ordinance. And for... Mayor Suarez: Right. Plus he promised, when he lifted a finger like this, that it was going to be for one minute. I think that's what he said. Mr. Stahl: It's not even a minute. 151 March 25, 1993 0 0 Mayor Suarez: And if we can hold Ted Stahl for one minute, that is in itself an accomplishment. Mr. Stahl: May I say one thing? Ted Stahl, 3120 Commodore Plaza. This is not the time or the place, but the statement that was made by these people, as far as threats, was very hard for me to conceive and to accept until last Sunday when this Mrs. Fernandez accosted me at the TCOY yogurt place and threatened me. And I have nothing to do with the vendors. She came right after me and my family and three witnesses of how she handled this. And I have nothing to do with this, but she threatened me and my business, if I furthered this. So, I'm just telling you what they've done. Mayor Suarez: OK. If you mean a threat of business competition, that is not illegal. If you mean a threat of physical harm and if it's coupled with any kind of an overt act that Indicates that they might have the readiness and willingness to do that, that may become something that's actionable. In either case, this Commission cannot get involved in it, but... Mr. Stahl: I know you can't... I just thought I would defend... Mayor Suarez: All right? We have your testimony now. Ms. Fernandez: Yes... Mayor Suarez: Quick response and, folks... Commissioner Alonso: And if the last gentleman can mention... Mayor Suarez: Yeah. I'm sorry. Ms. Fernandez: Yeah. Well... Mayor Suarez: Yes, you want to go ahead and finish and... Commissioner Alonso: ...how long have you been there? Mr. Kostas Lymbertos: My name is Kostas Lymbertos. I've been there for three months. I'm also a vendor. I sell handmade jewelry. I actually make jewelry on the street and sell it. I work much more than 12 hours a day. I work from 5:00 in the morning until 2:00 in the morning, which is one of the reasons why it doesn't really bother me that they have their own spot that much anymore. It used to be bother me more, but it would be nice if I could come at 12:00 in the morning as well... in the afternoon, rather than at 5:30. And yes, the Fernandezes have past injustices... In the past and that's all over. Myself and this vendor here, we don't know too much about what happened, we just have to take their word for it and we're sorry that that did happen. It's nothing personal against them. First of all, we don't want the spots up for bid, because no, we can't afford it. And second of all, they're doing now what people, they claim, had done to them in the past by doing... Commissioner Alonso: You're doing well by selling in the Grove. Are you doing well? Is it a good business? 152 March 25, 1993 Mr. Lymbertos: I do pretty well. I do pretty well. Commissioner Alonso: Are you satisfied? Mr. Lymbertos: Yes. I am very satisfied, actually. But I work hard as well. Commissioner Alonso: Oh, I understand. Selling in the streets is not an easy business. It's a hard... Mr. Lymbertos: And also, another problem I see is that if the spots go up for bid and then you wind up paying lots of money, or semi lots of money, then I... it takes me an hour to make something I sell for five, seven, ten dollars. At that point, if I have to pay money for a spot, then I'm going to have to look at it as less of an artistic way to make money and more of a strictly business way to increase profit. Commissioner Alonso: Do you plan to work only part of the year? Or do you plan to work all year round? Mr. Lymbertos: I'm here to stay. Commissioner Alonso: Good. And I assume the rest of you as well. Thank you. Mayor Suarez: By the way, one quick comment. I don't know if you were present in the enactment... the initial enactment and the discussions that led to the initial enactment of the ordinance. But if you weren't, remember.. Of course, Ted was. He's ever present, ubiquitous, et cetera. Commissioner Alonso: Where is Ted? He left? Mayor Suarez: No, he's back there. He's got that silly grin on his face. When we went through all that, we clarified that what you're competing against not so much is each other, because you know, that competition is actually - no matter what we end up deciding here - pretty much on an even level. What you're competing against are a bunch of people who would like none of you to be out there, because they're paying rent, they're paying electricity, they're paying all kinds of things in Coconut Grove and they say that we should outlaw all of you. Now, keep that in mind, because we are going to fight with this issue up until a certain point, at which we're going to say no more street vendors. I think that's the case in downtown. Is it not? Mr. Maxwell: No, vendors are permitted downtown. Commissioner Alonso: Yes. Mr. Lymbertos: We realize this isn't the right... Mayor Suarez: We think we have the legal authority to do that, just like we've told the solid waste... Commissioner Alonso: They will find a compromise and work... Mayor Suarez: ...private solid waste hauler that we have a right to keep them out of the City and do all of our solid waste hauling and that sort of makes 153 March 25, 1993 them be a little bit more reasonable. So, I just want to say that when you say that the cost might get to the point that it's prohibitive, remember that it still doesn't compare to what is paid by people who are having to pay rent, et cetera. All right. Mr. Lymbertos: Mr. Mayor, the only reason we're here is because of the bid. If it wasn't for that, we wouldn't have been here today. That's what we're fighting. Mayor Suarez: But the implication of my statement is that you weren't here during the other process and I was giving you a little bit of history and you don't help your cause if you want to argue with me, because that's just a historical narrative. Mr. Maxwell: Mr. Mayor? Mayor Suarez: Yes. Commissioner Alonso: Is she a vendor as well? Ms. Fernandez: Hi. Marcela Quila would just like for someone to translate, because her Spanish is better than her English at this point. Mayor Suarez: All right. OK. Commissioner Alonso: She is a vendor, isn't she? Ms. Fernandez: Yes, she is a vendor. Ms. Marcela Quila: MI NOMBRE ES MARCELA QUILA Y YO HE ESTADO ALLI POR DOS ANDS. POR EL LAPSO DE UN ANO QUE ESTUVO LA ROTACION DIRIGIDA POR EL SENOR RASHID, YO NUNCA TUVE LA BUENA PARADA QUE ELLOS LLAMAN. Y SIEMPRE QUE YO... CUANDO YO PREGUNTABA QUE POR QUE, ME DECIAN QUE TENIA QUE ESPERAR MI TURNO. CUANDO... EN EL TIEMPO DEL FESTIVAL VENAA, SIEMPRE ESTABA EN LAS CALLES DONDE EL PUBLICO NO PASA Y EN LAS CALLES BUENAS, ESTABAN GENTE QUE NO SE VEIAN EN TODO EL ANO QUE... ESPECIALMENTE ESTE SENOR HOWARD, UNA VEZ CUANDO YO RECIEN QUERIA PONER MI CARRETILLA, YO HABLE CON EL Y EL ME DIJO QUE EL SI NO SE MOVIA DE ALLI, PORQUE EL TENIA UN agreement. TRANSLATION: My name is Marcela Quintana [sic]. I've been there for two years. Up until a year ago when the whole thing was structured by Mr. Rashid, I didn't have a good location. When she would ask why, she would be told that it was because she had to wait for her turn. Whenever the festivals would come, I would always be in a location where the public does not frequent. And in the good locations, typically there would be no one most of the year and then Mr. Feinberg specifically was able to witness when I tried to set up my stand, I guess, or pushcart... She spoke to him and he said that he certainly was not going to move from there because he had... Ms. Quila: Some kind of agreement CON Rashid. Mayor Suarez: You do pretty well in English. Ms. Quila: Some times. 154 March 25, 1993 El Mayor Suarez: Some kind of agreement. Ms. Quila: LO QUE YO NO ENTIENDO... Unidentified Speaker: CON QUIEN ERA EL AGREEMENT? Ms. Quila: CON RASHID. ELLOS ESTAN PELEANDO CONTRA LA FAMILIA FERNANDEZ CUANDO QUE YO PIENSO QUE EN REALIDAD... TRANSLATION: They are having a battle with the Fernandez family... Mayor Suarez: We don't think that's what the battle is about, but no matter how hard we try not to look at It that way, it seems to come down to that. But I don't know that you're helping your cause by characterizing it that way. OK. Go ahead. Ms. Quila: LUEGO, EL ASUNTO DE ROTACION, TAMPOCO CREO PORQUE NUNCA... BUENO, TAMPOCO ESTA... NO ES MUY JUSTA. NO ES JUSTO SIEMPRE ESTAR... EL "first - come first -serve" TAMPOCO... PORQUE EXISTE MUCHA VIOLENCIA Y HAY QUE LEVANTARSE A LAS 3:00 DE LA MANANA. YO SOY VIUDA, TENGO UNA NINA. SOLO PARA DECIR, PORQUE ELLOS DICEN QUE SON HOMBRES Y QUE ES MUY DURO ESTAR A LAS 3:00 DE LA... TRANSLATION: In the matter of the rotation, I don't kind of support it, because it's not a very fair system, nor is first -come first -serve. Because there is a propensity for violence, you have to get up at 3:00 o'clock 1n the morning. I have a daughter and now we're going to get the whole family history here. Mayor Suarez: So they've got the pregnant lady, you've got the baby getting up at 3:00. This is really quite a thing here at Miami City Hall. I hope the - media takes notice of all this - how far we go to try to do the right thing' here. Ms. Quila: BUENO PARA HACERLO MAS CORTO... Mayor Suarez: At least Jack King is listening. _— Commissioner Alonso: One of these days, we'll have to blind, not to see the babies and the family. Mayor Suarez: Yeah, really. I mean, we're going to have to blindfold ourselves, because we identify with both sides. The problem is that we have to... OK. Anything else? Hopefully not. Ms. Quila: YO ESTOY EN ACUERDO CON EL BID PORQUE DE ESA MANERA TODD SERIA MAS ORGANIZADO Y TODO EL MUNDO... LOS VENDEDORES ESTARIAMOS MAS relaxed in there. TRANSLATION: She's 1n agreement with the bid process, because that way the system would be more organized and the sellers, the vendors, would be a little �- bit more relaxed about the way the system works. Mayor Suarez: All right? Commissioner Alonso: Well, maybe Mr. Lee will meet with them and explain to them that the amounts that we're thinking of... 155 March 25, 1993 Mayor Suarez: Why don't you have a workshop, Wally? Commissioner Alonso: Yes. Something that he... Mayor Suarez: Why don't you have a workshop and let... Commissioner Alonso: Keep them confident that they're not going to get out of business... Mr. Maxwell: Mr. Mayor? Mayor Suarez: ...them express to you in-house here... Mr. Maxwell: Mr. Mayor? Commissioner Alonso: ...that they will be able to... that we and we haven't... for them to be successful. Mr. Maxwell: That had been our process for the adoption of every vending ordinance that the Commission has addressed during the past. Mayor Suarez: I think we ought to have at least one workshop. There have been done for this new one? Mr. Maxwell: This was... Well, what happened was, this was moved forward because of the issues presented in the Grove. Mayor Suarez: I hear you. Mr. Maxwell: Our normal procedure would be to draft the ordinance and then have workshops. Mayor Suarez: All right. Mr. Maxwell: We've done it every time with the vendors. Mayor Suarez: Joel, you're saying exactly what we want to hear... Commissioner Alonso: Yeah. Mayor Suarez: ...but you're making it sound - I don't know why - that it's going to be very complicated. Mr. Maxwell: Well... Mayor Suarez: Why don't we... before you suggest how to do it, which will be very convoluted, very complicated and take forever, and I love you to death. Why don't we have a workshop next week same time, same place, right here, beginning... What's a good time for you, Wally? Mr. Lee: At their convenience. I can adjust to everybody's schedule. Mayor Suarez: All right. You can adjust the time to them and be ready with a draft of an ordinance which Joel is just dying to draft and have at least that 156 March 25, 1993 draft by the workshop and then otherwise be ready to vote on this on the 15th of April. Mr. Maxwell: Question for you. Commissioner Alonso: ...we will maintain the status... Mayor Suarez: Yeah. Mr. Maxwell: I've heard conflicting desires from the Commission. Our original orders were to draft an ordinance that would call for competitive bidding and that was it. Mayor Suarez: I think that with the cap... I think that Commissioner Alonso alluded to the fact that we're not going to... Commissioner Alonso: With a cap so... amounts of money. They are... Mr. Maxwell: Now, we had... These people cannot pay tremendous Commissioner Alonso: ...a business that is very limited and we want to maintain this in the perspective. Mayor Suarez: No, we're not taking any more testimony from anybody. Commissioner Alonso: And... Unidentified Speaker: I'm being accused of being a rich people. Mayor Suarez: I don't think he understands. I don't think this gentleman understands right now that he's being told that you're not being recognized, sir. So... Unidentified Speaker: It's a vendor... It's a part that has been... Unidentified Speaker: I have a question. Mayor Suarez: At some point you may be recognized, but it helps if you just listen for a moment. All right. We are going to have then a workshop which will be a week from now. You'll set the time with them and hopefully, have an ordinance... a proposed ordinance, at that point, along the parameters discussed... Commissioner Alonso: With a cap that it seems reasonable. Mayor Suarez: ...with a cap and any other ordinance that anybody else wants to propose to be then, hopefully, voted on finally, or at least on first reading on April 15th. OK. On that procedure, and on anything else you might want to comment. I don't know that we heard from you, sir. If you want to speak, why don't you go... Unidentified Speaker: No, you haven't heard anything from me. 157 March 25, 1993 a Mayor Suarez: Fine. It's your turn now. Go ahead. Unidentified Speaker; Repeatedly, this people, they have been trying to portray that I'm rich. I have been working two and a half years in that... the Coconut Grove area, starting from zero and the little bit of money that we saved in two and a half years, the mother of my wife she took a second mortgage on her house and lent us some money to establish a store four months ago. That's the richness that, they are talking about - that I'm rich to influence... Mayor Suarez: We conclude that you're not rich. Commissioner Alonso: That's wonderful. We want them to get rich, too. If you are, and you became through your hard work at the site, I think they will, too. So. I applaud that and I don't know... Howard has been there for such a long time and maybe he can get rich, too. Mayor Suarez: You... Commissioner Alonso: And I'll be the happiest person in the world. Unidentified Speaker: No, no. But the thing is the climate of poverty. Mayor Suarez: You know what's rich? Mr. Feinberg: I... my children. Commissioner Alonso: So, it's... Mayor Suarez: There's rich right there, liirgilio Perez. You see? See his coat and... Commissioner Alonso: That's... Yes. No comment. Mayor Suarez: The gentleman back there - not King, but right below him. You see, he's rich. He's got the... Commissioner Alonso: But let's have something that is reasonable, because if we do it.., if we set prices that are too, they will not be able to compete. Unidentified Speaker: The thing that we come over here today and we think that that would be the last, that is becoming a pestering and a pestilent issue. The thing that would be... Mayor Suarez: Pestering and... Unidentified Speaker: Pestering and pestilent - smell, stink. The thing is that the only solution that I see for all of this would be the bidding... Mayor Suarez: There is a saying, "something is rotten in Denmark." I don't know if the Danish people like that saying, but... Unidentified Speaker: Everybody of these people that can participate in fair bidding... other bidding, like me. I'm in debt up to here. They say that 158 March 25, 1993 I'm rich and I influence people in there because of my richness, for a little store that I established four months ago with a loan to us from her mother - she mortgage her house for that. These people... This Matthew, he says over here, he stays in the University of Florida. In the summer he goes to New York to... he pays rent here and there. This vendor over here got a new Volvo, a house, three kids in private school... Mr. Feinberg: I do not have a new Volvo. Mayor Suarez: Please, please. Unidentified Speaker: ...and they are so poor. Mayor Suarez: This is highly irrelevant, highly irrelevant and... Unidentified Speaker: It's highly irrelevant, but it's just to point out that everybody over here... Commissioner Alonso: It is going to be a bid process. Mayor Suarez: ...it just never ends and it makes us really want to consider again having no vendors, because it just never seems to end. Unidentified Speaker: Everybody over here can afford a bid and that would bring peace. Mayor Suarez: OK. In the workshop... Unidentified Speaker: You are on your side, I am on my side, the other one is in his side. That's it. Mayor Suarez: In the workshop... Commissioner Alonso: You will... Mayor Suarez: ...you can bring out anything that you want. Please try not to get into the personal stuff. It's irrelevant and it doesn't help your cause. Commissioner Alonso: Good luck, Mr. Lee. Mayor Suarez: All right. Ms. Fernandez: I do have a question. Mayor Suarez: You have a question. Ms. Fernandez: We came before the town council... Mayor Suarez: Why don't you bring up the question at the workshop? What is your question? Ms. Fernandez: Well, my question is here because I'm assuming that here it can be answered as well. At the town council... I hope it can be. 159 March 25, 1993 Ms. Fernandez: We don't... Well, there are ten vending spots. There has never been a cap on the amount of vendors to occupy those spots. This is why -_ I've always been concerned with that. I went to the town council and I was told that that was not true. Now, I have been a vendor here for so many years. I have asked over and over again is that... Mayor Suarez: Is... OK. That can be clarified. Commissioner Alonso: That's not even important anymore because it's going to be a process. Mayor Suarez: Right. Ms. Fernandez: But is that... Commissioner Alonso: So, you will discuss that at the workshop. Mayor Suarez: Presumably, in the bidding process, there would be no cap. Commissioner Alonso: And we'll set.., — Ms. Fernandez: There will be a new cap. OK. Commissioner Alonso: ...the regulations and it will be a cap... Mayor Suarez: All right. Ms. Feinberg: Just let me ask one thing. _ Commissioner Alonso: ...and everything. You'll have ample opportunity to discuss that. Ms. Feinberg: Can I just ask one... Mayor Suarez: Clarification. We have one here. We have one here and we end -- this... Mr. Feinberg: I'm sorry. I just want to ask one... I was under the impression that this meeting really wasn't about the new vending ordinance, but was simply about whether the Fernandezes have a legal right to the spot =+ that they're occupying. Mayor Suarez: Well, here is what happened. I don't know if you were here at = the last meeting. - Mr. Feinberg: I was. Mayor Suarez: But that was the orientation of the last meeting. We struggled with trying to decide whether they had a legal right or not. It was at the -_ end of a Commission meeting. I think we all concluded that the easiest thing = to do was to have a full fledged hearing on the issue. We've had about a half 160 March 25, 1993 a hour's worth of testimony here today and from the beginning it was told to us by our own staff that we have an ordinance that can be voted on as early as April 15th that would presumably solve any and all illegalities, if you can allege that some exist, as to their location. Now, if that doesn't satisfy you, you can say so on the record. It may or may not help you with this Commission, but I'm pretty sure that I reflect the consensus of this Commission that we're not going to do a darn thing to change that status quo until the 15th of April. Your alternatives then are to go to court and try to — get an injunction. You see? Mr. Feinberg: No, I accept your... Mayor Suarez: Because there is a point at which we simply don't have the resources and the time or the understanding to delve into what was apparently done by Dr. Prieto, who is no longer with us. It just... The Commission simply cannot go beyond that. We're not experts and we're just going to have -_ a legal argument here. You don't have lawyers, they don't have lawyers. We have our lawyers and our lawyers particularly tell us, why don't you solve -_ that by a whole new ordinance that is fair across the board. Mr. Feinberg: But, you know, when this situation first arose, we went to the Law Department and asked for their opinion. And then later on, when Dr. Prieto was no longer in charge, we had a discussion with Wally Lee. So, it's not... I mean, we've tried to go through the system. We've worked with the NET (Neighborhood Enhancement Team) office and we've worked with the Village Council. I just... Commissioner Alonso: Well, let's plat 1t this way. April 15th it's going to be resolved. So... Mr. Feinberg: I'm just confused about why the City doesn't take the advice of its own experts. Mayor Suarez: Well, I'll tell you one other reason. Our experts have told us up to now that everything that we've done is legal, whether you think it's fair or not fair. The law says that all we have to do is show a rational basis between what we do and what we're trying to accomplish. Now, the other reason is we don't particularly want Wally Lee, who has got a million other things to worry about, to spend all of his time on this issue, in addition to not wanting this Commission to spend all of its time on this issue. Because like I said, there is a moment at which we decide that we're simply going to outlaw all vendors. You don't want that to happen. So, don't test our patience, please. You do have legal resource. If you think that we're doing something improper, you can go to court and try to get an injunction. Do you know what the judge is going to tell you? He's going to say, let's see what do on April 15th, see if that's fair, because judges just... Mr. Feinberg: I don't want any problem with the City. Mayor Suarez: Right. Mr. Feinberg: I just wanted, you know, the situation... 161 March 25, 1993 Mayor Suarez: Out illegally or not. we... see, that was already discussed before - whether we acted We don't like to be told we acted illegally. If sometimes c Mr. Feinberg: No, I didn't mean to say that you... Mayor Suarez: No, no. I'm just saying... Mr. Feinberg: ...that you acted illegally. I'm .just saying that understand... I didn't Mayor Suarez: If we did act illegally, we should be told that. I'm just saying that we think there is a rational basis between what is there and what we're trying to accomplish, but we're going to have an even more rational basis, we think, on April 15th, beginning at that point. And it may be that we ought to make this an emergency ordinance. I think, Mr. City Attorney, that it really merits - and this should satisfy you - an emergency ordinance, rather than a regular first reading, second reading. Mr. Maxwell: It can't be done by emergency ordinance. Mayor Suarez: Because I think the emergency is clear. The emergency is they think there is a highly unfair situation happening. And they think that there could be physical probiems and aggression, et cetera. So, we'll meet and... Mr. Feinberg: The physical problems and aggression... Mayor Suarez: No, no. That's it. Mr. Feinberg: ...is only an accusation. Mayor Suarez: That's it. All right. Is the procedure clear? Any other questions? You guys will work out the time and let them all know. Commissioner Alonso: OK. So, everything stays April 15th. Mayor Suarez: OK. Commissioner Alonso: The status quo remains... Mayor Suarez: Wally, anything to clarify, at your own risk. Commissioner Alonso: ...until the 15th. Mr. Lee: Mayor, just to establish the date, April 1st, Thursday... Mayor Suarez: Very good. Mr. Lee: ...at 10:00 o'clock in the morning, in the chambers. - Mayor Suarez: OK. We're adjourned and we'll have the workshop on that issue on April 1st at that time. Is that it? R 162 March 25, 1993 ---------------------------------------------------------- [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES %0 ERATION OF THE REGULAR PORTION OF THE AGENDA AND TAKES A BRIEF RECESS AT 4:29 P.M.] ----_------------------------------------------- +------- MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of March , 1993, the City Cormission 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 5:19 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez ALSO PRESENT: ABSENT: A. Quinn Jones, III, City Attorney Sergio Rodriguez, Assistant City Manager Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Commissioner J.L. Plummer, Jr. Cesar Odio, City Manager 28. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTIONS TO APPEAL ZONING BOARD'S DECISION TO GRANT SPECIAL EXCEPTIONS TO PERMIT A JOINT PARKING FACILITY AND GASOLINE STATION AT U.S. 1 AND 27TH AVENUE. (Applicant: Resolution Trust Corp. Appellants: J. Confalone, N. Grove & - C. Grove Sta. Apts.) (See label 32) ------------------------------------------------------------------------------ Mayor Suarez: At the last moment, before we reconvene, it obviously doesn't apply to the Offstreet Parking Authority and its eminent executive director, Clark Cook. The gentleman from Florida Power and Light... Apparently, we are ready to announce that we can settle - for lack of a better word - items PZ-3 and PZ-4, which would mean that... _ Mr. Sergio Rodriguez (Assistant City Manager): No. PZ-4 and PZ-5. 163 March 25, 1993 Mayor Suarez: Four and five, which would mean that we would then do PZ-1, 2 and 3 in the next hour, until 6:00 p.m. M R d i S h t r. o r gueze o, w a we,.. Mayor Suarez: Now, what do we do on PZ-4 and 5? What do you want to announce? Mr. Rodriguez: We have received a withdrawal of the appeal by the appellants and based on an agreement between the appellants and the applicant on this item. So, at this point, the appeal that was presented by Mr. Fletcher, on behalf of his clients, has been withdrawn officially. Commissioner Alonso: So four, five? Four, five. Mayor Suarez: Is this the John Fletcher who we have come to know and love? OK. There he is. Commissioner Dawkins: What item are we on? Mr. John Fletcher: That's so nice. Mayor Suarez: PZ-4. We're going to announce a settlement, hopefully. Yes, sir. Mr. Fletcher: Yes, sir. John Fletcher, 7600 Red Road in South Miami and with me is Erminio San Roman and Anthony Jay O'Donald, Jr., who are the attorneys for what used to be our opponent. The three appellants in this particular case have reached an agreement. It requires a slight change in the site plan, which we need you to approve. When that occurs, we're all settled, we can go away. And I'd like Tony, if he will, to explain the change in the site plan. Mayor Suarez: Can you get the moving mike there? Mr. Fletcher: Go ahead. Use this one. Mayor Suarez: Is Erminio San Roman with you? Mr. Tony �: Yes, sir. Mayor Suarez: Just want to put on the reco:-d, this gentleman is one of the more ethical people I ever dealt with. I asked him something about the matter the other day, because I remember seeing him here, and he said that he was concerned about the rule that says that these are quasi-judicial proceedings and that he shouldn't tell me too much about it in private. Which I told him I was inclined to disregard all of that law that says that, but he obviously wasn't. So, I want to put that in the record. Unidentified Speaker: Who would ever make up a foolish rule like that? Mayor Suarez: Would ever make up a foolish rule, except a court of law, right? Mr. Tony �: At shoe... 164 March 25, 1993 R Mayor Suarez: What have we got, Tony? Mr. Tony Yeah, we have the original plan on top here, which shows a car wasF-6n--We-same site that the gas station is on. You see, it's crossed off here. That's part of our settlement is to take the car wash out. In replacing that, we're going to take the mini -mart that used to be in a much larger gas station area and combine 1t with the car wash that was there to put the mini -mart in this location and make the gas station smaller. Mayor Suarez: Can you make that a part of the record somehow? Mr. Tony : Yes, this would be part of the record and... Mayor Suarez: All right. Mr. Rodriguez: Mr. Mayor, I'm sorry. That's not what they discussed with me before. Mr. Tony �: Oh boy! Mayor Suarez: What? Commissioner Alonso: That's all we need. Mr. Tony : I... We were... Commissioner Dawkins: Wait a minute. Hold it. Hold it. What did you say, sir? Mr. Rodriguez: I would like to table this item, until we can see it again. Mayor Suarez: All right. Table the item for the moment. 29. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION AT 2705 N.W. 22 AVENUE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL (Applicant: Zolla Guerra). Mayor Suarez: PZ-1. Both sides are in agreement. I have a feeling you can probably convince them. He's just a very hyper -technical fellow. Commissioner Alonso: Move it. Mayor Suarez: Kind of like Joel Maxwell. Where is Joel? Commissioner Alonso: Move it. Mayor Suarez: PZ-1. 165 March 25, 1993 0 Commissioner Alonso: Move it. Mayor Suarez: PZ-1 has been moved. Is there anyone wishing to be against ordinance PZ-1? Against? EN CONTRA 0 A FAVOR? Unidentified Speaker: No, we're for it. Mayor Suarez: OK, Ms. Lourdes Slazyk: That's the applicant. Mayor Suarez: Then don't say anything further, because... Commissioner Alonso: Keep it quiet then. Mayor Suarez: ...then you'll have to be sworn in. Moved and seconded. Any discussion? If not, please read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT 2705 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY MULTIFAMILY 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 February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Vice Mayor De Yurre, 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. 11049. 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. 166 March 25, 1993 No r ------------------------------------------------------------------------------ 30. SECOND READING nRDINANCE: AMEND 11000 ATLAS -- CHANGE DESIGNATION AT 2705 N.W. 22 AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL. (Applicant: Zoila Guerra). ------------------------------------------------------------------------------ Mayor Suarez: Item PZ-2 is a companion item. Commissioner Alonso: Moved. Mayor Suarez: I'll entertain a motion on it. Moved and seconded. I heard almost a second there. There we go. Read the ordinance, please. Thank you. Cali the roll. 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-3 MULTIFAMILY MEDIUM - DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 2705 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) LESS A ONE -FOOT STRIP ON THE EAST, WEST, AND SOUTH BOUNDARIES OF THE PROPERTY TO SEPARATE THE SUBJECT PROPERTY FROM THE PROPERTIES ON THE EAST, WEST AND SOUTH; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Vice Mayor De Yurre, 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. 11050. 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. 167 March 25, i993 31. DISCUSS AND CONTINUE TO APRIL 15TH PROPOSED RESOLUTION TO APPEAL ZONING ADMINISTRATOR'S DECISION TO REVOKE CERTIFICATE OF USE NO. 92-0831, WHICH ADDED A LIQUOR STORE TO AN EXISTING RESTAURANT CERTIFICATE OF USE AT 5741 W. FLAGLER STREET (Applicant/Appellant: Rafael Rolando Gonzalez). ---------------------------------------------------------------- -------------- Mayor Suarez: Item PZ-3. Is this the one with the little kids? Mr. Joel Maxwell (Assistant City Attorney): Yes. Mayor Suarez: You know what we say around here. What happened to the little kids? Did they go upstairs? Where are all those fine young people that we had here a little while ago? Anyhow, we say around here that you cannot bring very small children to argue your case and you cannot invoke God. Everything else is allowed. Mr. Sergio Rodriguez (Assistant City Manager): and 5 now, if you want to. Mayor Suarez: Well, I just called PZ-3 though. Mr. Rodriguez: OK. Mayor Suarez: They're ready. We are ready to go into PZ-4 Mr. Rodriguez: OK. In item PZ-3, what we have is a revocation of a certificate of use that was given prior... previously to a liquor store. And the reason for this is that we have been advised that the distance that has to be between the entrance of the liquor store to the next closest part of a property used by a church... Mayor Suarez: House of worship. Mr. Rodriguez: ...has not been met. It has not been met by the applicant and based on the information that we received afterwards by a survey that we received from the surveyor, we found that the permit was given the first time in error, based on the information given to us by the applicant. Once we found out the mistake, we had to revoke the permit. Mayor Suarez: All right. A couple of procedural questions. Who is going to testify on behalf of both sides? Are you here on behalf of the property owner, counsel? Steven Jugo, Esq.: I'm here on behalf of... Yes, the owner of the liquor lounge. My name is Steven Jugo, 9130 South Dadeland Boulevard. Before we... 168 March 25, 1993 Mayor Suarez: Can I hold you just for a second? Anyone who is going to testify on the other side - and I gather that we're going to have - would you please stand up and be sworn in? You don't all have to ultimately testify, but we swear you all in and then whoever actually ends up speaking, that person will be included. Counselor, unfortunately we require attorneys also to be sworn in which... Mr. Jugo: That's fine. Before we conmence, if I may, I'm here to ask for a continuance of this particular matter, the reason being... Mayor Suarez: OK. Procedurally maybe we don't have to swear you in. Mr. Jugo: OK. The reason being is that my expert consultant, Mr. Rene Valdez, approximately a week ago was involved in an accident. He fell off a roof while inspecting it while some workers were on it. He broke his heel, his arm and injured his back and is unable to attend. Mayor Suarez: Is there anyone who can speak - Excuse me for a second, counselor - can speak for your group on the issue of taking this up at another time because of the problems that he has had with his expert? Could you come up to the mike, please? Dr. George Tershakovec: My name is Dr. George Tershakovec of 6463 SW 131st Street. I've taken time away from... Mayor Suarez: Do you want to spell that last name there or...? Dr. Tershakovec: T-E-R-S-H-A-K-O-V-E-C. I've taken... Mayor Suarez: That's the way she had it. Dr. Tershakovec: I've taken time away from my medical practice and fractures a week ago do not preclude an expert from appearing at this time, sir. Mayor Suarez: Geesh! You should be a lawyer. Mr. Jugo: If I may. I didn't know his name, I did call the pastor of the church yesterday to inform him of the fact that I was going to be requesting this continuance. Dr. Tershakovec: Excuse me, Mr. Jugo. Not to argue, but I was here at the last hearing and I was sworn in. So, if you have copies of the proceedings, you would have had my name and my address. Mr. Jugo: Well, I didn't. But regardless... Mayor Suarez: Can we just call you Dr. T? Is that the first... Dr. Tershakovec: Yes, sir. Mayor Suarez: Dr. T. All right. Mr. Jugo: Regardless, I did inform the pastor of the fact that I would be requesting a continuance. I left a message on his machine. He did not return my call, but I did advise him of the problem I was having. 169 March 25, 1993 i �e Mayor Suarez: What would happen if we took all of the other testimony and then left pending the matter to hear your expert? Could we do that? Commissioner Alonso: We did not hear this item last time. Dr. Tershakovec: Mr. Mayor... Mayor Suarez: No, we did not. Commissioner Alonso: We did not. Mayor Suarez: No, I guess he meant the Zoning Board. Mr. Jugo: The Zoning Board, yes. Commissioner Alonso: Oh, oh. Mayor Suarez: Can we do that? Can we take everybody's testimony other than his expert and leave the matter open? Miriam Maer (Assistant City Attorney): You could. If you take the item up i and follow the procedure and then continue it to the next time for the other... for the rest of the testimony, you could do that. Mayor Suarez: That would be one possibility. Commissioner Alonso: Yeah. Dr. Tershakovec: Mr. Mayor, if I may. _ 7 Mayor Suarez: That's... Of course, the risk is always that we might forget and then the thing gets testified in two pieces, but... Commissioner Alonso: We can ask that they give to us a transcript of what is discussed today so we will have an opportunity to review it. Mayor Suarez: OK. We'll try for that. — Commissioner Alonso: Yes. Mayor Suarez: Do you want to tell him anything? They don't have an attorney, so... Mr. Rodriguez: Well, we have been advised that this item has been continued twice before at the request of the applicant. Mayor Suarez: OK. All right. Mr. Rodriguez: And that's... They would like ... Mayor Suarez: I think the Commission is inclined to hear. Commissioner Alonso: Here? 170 March 25, 1993 Mayor Suarez: And maybe that... Mr. Rodriguez: Not here. In the Zoning Board. Mayor Suarez: ...it may gust be - and I don't want to prejudice the case - but it may just be that we'll be inclined to vote a particular way and we may announce that at the end of all of this testimony, with or without an expert with broken foot or not, or heel. Why don't we swear in everybody then? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: You'd better make sure you get that... swear that one with the collar there. There we go. OK, Counselor. And we will take the testimony of the expert at whatever time that's appropriate. Mr. Jugo: OK. Again, my name is Steven Jugo. Ms. Hirai: Mr. Mayor, he's not a lobbyist, so he's filling out the form. Mayor Suarez: Oh, you're filling out the form. Ms. Hirai: He's not registered. Mayor Suarez: That's very quick. Mr. Jugo: All right. Mayor Suarez: Anything else from staff while he completes that? And so the recommendation is that basically our survey proved that, in fact, they were too close. Vice Mayor De Yurre: How close were they? Mr. Gonzalez: Mr. Commissioner, they're pretty close to the 300 feet. I believe the current survey shows them at about 280 instead of the 300... Mr. Rodriguez: Two hundred and ten. Mr. Gonzalez: I'm sorry. Two hundred and ten as the required 300. Mayor Suarez: Is that a State or a City ordinance? +- Mr. Rodriguez: It's City Code. Mr. Gonzalez: City Code. Vice Mayor De Yurre: Are you telling me that it was their fault, that they provided this information? Mr. Gonzalez: Yes, sir. The original survey, certified survey... State of Florida certified survey indicated that they clear these 300 feet and that - survey was incorrect. 171 March 25., 1993 - E Mr. Rodriguez: What happened is that the surveyor... the first statement by the surveyor showed the distance to be 320, because they measured from the door of the establishment to the door of the church. The Code specifies that you have to measure from the door of the establishment to the closest property of the church, which is, on the other side, 210 feet. If you look in your package on item... Vice Mayor De Yurre: And how much have they done, work... Mow long has this... they been in use in this location as a liquor store? Mr. Gonzalez: Well, this liquor store, the certificate of use originally was granted in July of 192. Vice Mayor De Yurre: And they fixed up the place to operate it as such? Mr. Gonzalez: Well, the actual... We were looking into building permits obtained by the current owner and the older permits there is... there is a permit which it has expired, the last inspection was November of 191, was for a $5,000 Chair remodelling job and that was obtained back in July of 191. And there are also several smaller permits, like a satellite dish and hood permits and so forth. Vice Mayor De Yurre: And they're operating as such right now. Mr. Gonzalez: Well, as of yesterday, they were by the Flagami NET (Neighborhood Enhancement Team) enforcement action group, they were closed down. Because right now they have a... their certificate of use has been revoked. Commissioner Alonso: Now did the issue come about? Now did you find out that the survey was... had that mistake? Mr. Gonzalez: We started receiving complaints from the neighbors that how we approved a liquor store there being so close to a church. And then once we called the surveyor up to get correct measurements. Then was when it came to light that it was incorrect - the measurements. Commissioner Alonso: The difference from the requirement is 90... Mr. Rodriguez: Right. Ninety feet. Commissioner Alonso: Ninety feet from... Mr. Gonzalez: Ninety feet. Right. It's instead of 300. Right. And the requirement in the City Code requires 300 from the front door of the - establishment to the nearest portion of any church property. _ Commissioner Alonso: And the certificate of use was issued last year. Mr. Gonzalez: July of 192. Commissioner Alonso: July of last year. And since then, they have been in operation. 172 March 25, 1993 - El Mr. Gonzalez: I believe... No, my understanding from the NET administrator is basically they opened December. December. Mayor Suarez: What is the name of the restaurant? Mr. Jugo: It's the 57th Avenue Liquor Store and Lounge, basically. It's a restaurant, liquor store and lounge, all incorporated into one. My understanding is that they've been in business since July when in fact the CU (Certificate of Use) was issued. But Mr. Valdez will touch upon that in a little more detail. Mayor Suarez: It's a restaurant, lounge and liquor store. The only part that is affected by this is the liquor store or the lounge also? Commissioner Alonso: Juan. Mr. Gonzalez: I'm sorry? Mayor Suarez: Is the.. It's a restaurant, liquor store and lounge. Mr. Gonzalez: It's,.. Right, correct. Mayor Suarez: Is the only portion of that that is affected by these proceedings the liquor store or also the lounge? Mr. Gonzalez: Well, the lounge would be affected also. Mayor Suarez: OK. Mr. Gonzalez: The restaurant - they could possibly have incidental beer and wine. Mayor Suarez: That's what I thought. But only beer and wine incidental... Mr. Gonzalez: Correct, sir. Mayor Suarez: ...to serving meals, the usual standard. Mr. Gonzalez: Right. They would not be allowed to have any liquor. Mayor Suarez: All right, counsel. -- Mr. Jugo: As you said, in June of 1992, a special purpose liquor survey was =_ presented to the City of Miami for approval. And this survey indicated that the distance from the main entrance to the liquor store, to the nearest point of a parcel of land upon which the church was located - and that's what is set out in the ordinance - was approximately 320 feet. And it was alleged this was in compliance with section 413 of the Miami Code. The City of Miami then approved this survey, sent out a field and zoning inspector to visit the property, and to confirm the contents of the survey. A certificate of use, =_ record of inspection was then completed with respect to the premises themselves. And an occupational license and CU was then issued. And at that point, my client went ahead, at obvious expense, and opened up the liquor 173 March 25, 1993 W store. Obviously, he purchased the liquor license, at that point, for purposes of this particular establishment and opened it up. Thereafter, there apparently were complaints and in November of 192, this was revoked. Our point is basically a twofold point. Number one, we have checked with the City of Miami records and have been advised that the church itself does not have a CU for that particular property and that technically, we are not in violation in that the church doesn't have a CU. Furthermore, and secondly, and I guess most importantly, the ordinance itself requires that it be 300 feet from the nearest point upon which the church is located. A special purpose survey which is here shows that the liquor store is up here on lot three. The church itself owns six lots - lots 19, 20, 21, ten, 11 and 12. The church is located itself on lot 20. It's all under one street address. There is a home that the pastor lives in on lot ten. There is apparently a hall on lot 20 and then the other three lots are used for parking. Lots 19, 20 and 21 are zoned for commercial use. That's one of the lots that the church is located on. Lots ten, 11 and 12 are zoned... I believe it's R-1 with an SD-12 treatment, which allows them to have the parking. Our argument is, first of all, that the church would not be permitted to be located upon any of the lots that were measured to. Originally, they were measured from here over to here. Thereafter, it went the other way and came over to lots 12, 11 and ten and that's why it's only 210 feet. But the nearest parcel of land, upon which the church is located, is here and that's over 300 feet from the liquor store itself. Mayor Suarez: Where a church can be appropriately located. What about as an ancillary use to a church that you have parking and things that are actually located in commercially zoned property? Mr. ,1ugo: Well, the... Mayor Suarez: What should be our interpretation of what the distance or the measurement should go to? Mr. Jugo: Well, for example, if the church owns the entire block and was located on the end of the block but had the whole purpose of the block was for their parking, hall and home, and it could be 1,000 feet away, I think it would be totally unfair to interpret the ordinance to mean that it goes from the parking to the front of the liquor establishment as opposed to the parcel of land upon which the church is located. And there was no intent to misinform anybody here. The surveyor when he went out, took a survey, saw that it was located on lot 21 and measured from lot 21 to the front of the church. Mayor Suarez: What about that argument? If we may interrupt your argument there. Mr. Gonzalez: No, the church property the way it's defined, it includes all accessory buildings, parking. When it says church property, it's... Mayor Suarez: That's it. I used the word ancillary and it's actually accessory. Mr. Gonzalez: Right. Accessory, right. 174 March 25, 1993 Mayor Suarez: What if the church kind of expands and expands and expands? It still has that impact or...? Mr. Gonzalez: Yes, the church property is considered, as long as it is one unified site, regardless of the accessory structures might be. It might be the pastor's residence, the parking. It's still considered one church property site. Mayor Suarez: Do you mean that society then accepts that the kingdom of God 1s ever expanding, until it takes over all of our functionings? Is that... Mr. Rodriguez: Mr. Mayor? Mayor Suarez: Quite interesting. Yes. Mr. Rodriguez: I would like to add for the record, to clarify it, that the department didn't approve the survey. The department accepted the survey in good faith, based on the fact that it was a certified survey. Mayor Suarez: There is no such thing as a formal approval. I Mr. Rodriguez: We don't approve... Right. Mayor Suarez: We accept... Mr. Rodriguez: Accept the survey and once we were made aware of the mistake in the survey, we contacted the surveyor and he changed his survey, that he has given us. Mr. Gonzalez: Right. And another... Mr. Rodriguez: Based on section 4.13 of the Miami Code. Mr. Gonzalez: And another point is churches are an allowed use - not only in commercial, but also in residential by special exception. Mayor Suarez: All right. Mr. Gonzalez: So it is an allowable use. Mr. Jugo: Well, but in this particular case - and I think the point is a technical one, but I think it's one that bears merit - is that lots ten, 11 and 12, which is where the City is now measuring to, is in a residential neighborhood. It's on 57th Court. The church itself is on 57th Avenue and the lounge itself is on Flagler, on the corner there. But in essence, the ordinance itself specifically relates... Mayor Suarez: It is true though. If you walk out of the lounge - literally walk out of the lounge - and you look towards what people think of as the church, that you find or do not find 300 feet. I guess you would have more than 300 feet to... 175 March 25, 1993 Commissioner Alonso: More than 300, definitely. Mr. Jugo: And the ordinance itself specifically relates to the nearest point on a parcel of land occupied by a church. And I think that we have six different lots. The parcel of land upon which the church is located is lot number 21. If you were to extend this all the way down and say that the church was located on lot 30 but they own the entire block, I don't know how you can interpret that as meaning that you have to be within 300 feet of the parking lot. Mayor Suarez: That would be great. We'd get rid of all the liquor stores in the area there. It would work out quite well. Mr. Jugo: But in essence, that is our argument, from a technical point of view. Mr. Valdez would describe the process upon which the store came in and got the liquor license, procured it and those types of items. Mayor Suarez: OK. Mr. Gonzalez: Another point for the Commission is when this church was originally built, it was built as all those parcels of land. In other words from 57th Avenue to 57th Court, when that whole church was built, it was considered one parcel of land. In other words, it was... Mayor Suarez: How do you mean considered one parcel of land? Mr. Gonzalez: In other words, it does not come into pieces. When the church was actually constructed, it included all those lots that are inclusive today. Mayor Suarez: OK. Mr. Jugo: I would point out, with respect to that, that there was a lounge actually even closer to the church than this particular lounge, I think called the Lemon Twist Lounge, which was destroyed a few years ago when I think a tanker truck ran into it and exploded. -- Mayor Suarez: It was an act of God, I am sure. Mr. Jugo: But there was... Apparently so. But there was a lounge located even closer to this church than my client's restaurant and lounge that was — there. --- Commissioner Dawkins: But make your argument stick, counsel. Was the lounge - a there prior to the church being built? Or was the lounge put there after the - church was built? If we're going to follow your argument. Mr. Jugo: That is one of the things that Mr. Valdez was looking into, but before the... Commissioner Dawkins: No, no. See but those... 176 March 25, 1993 Mr. Jugo: ...before the Zoning Board. Commissioner Dawkins: Well, wait now, counsel. Mr. Jugo: I'm sorry. Commissioner Dawkins: If you do not have the facts, don't present them. Mr. Jugo: I can... Commissioner Dawkins: Either the lounge was there before the church, which means it was grandfathered in, or the lounge was there after the church, which meant that this place can be grandfathered in. Mr. Jugo: I can tell you that at... before the Zoning Board, the testimony was that the church was there, I think, since 1956. Commissioner Dawkins: When was the lounge there? Mr. Jugo: That I don't have the information for at this point... Commissioner Dawkins: Thank you, counsel. Mr. Jugo: But I will supplement that when Mr. Valdez canes in. Mayor Suarez: Very good. Dr. T. Dr. Tershakovec: Thank you. Mayor Suarez, Council members. Mr. Jugo... Mayor Suarez: Oh, this is really... This is really highly unfair. Now she's hanging all around the podium and... Commissioner Alonso: And she's the most beautiful child. Mayor Suarez: ...flashing - yeah - her grace and style, which is spectacular. OK. Dr. Tershakovec: To state the basis of how I am able to testify is I've been a member of this parish for 37 and a half years. I was the second child baptized in that parish. I have baptized my children in the parish, have been married there, and buried my father, one of the founding members of the parish. Mr. Jugo is confusing the fact and trying to state that the church is further away at the end of the block. And the fact remains that when you come out of the liquor store, unless your eyes look around corners, it would be 300 feet. If you look directly from the lounge and liquor store, you are in closer proximity to the church than 300 feet. Mayor Suarez: What part of the church? The parking lot or some other accessory...? Dr. Tershakovec: The sacristy is closer to the lounge - where our altar boys enter, where the priest enters, where the holy sacraments are kept, where the altar is. We also have as part of our proceedings... We are Byzantine Catholic which has quite a more ornate ceremonies than the Roman rite does and 177 March 25, 1993 we do include processionals around the church property. And, for instance, at Easter time there are processionals which will bring us significantly closer to that establishment than the prescribed 300 feet. Had Mr. Jugo researched... or his client had researched our church, he would have known that this, in fact, is the case. Historically, Mr. Jugo, if we're going to go back to when the church was established - the rectory was the church. So, if we're going to use historical perspective back to 1956 or prior to the erection of the original church building, the rectory was the first church, will clearly puts it very much closer than 300 feet. We also do have blessing and alternate religious services that take place in the hall, which is adjacent to the church. We do have, as part of the compound, another building, which looks like a residence, which is the schoolhouse for our young children, for their religious and cultural education. Now, that is outside of the 300 foot limit, so we're not arguing that the school is in proximity to the liquor store. We have found that the element of this liquor store and lounge has created for an environment which requires that the parishioners arrive early for services so that we can roust the unsavory element that is found sleeping in the doorways of our church. We also have been informed by our pastor that he finds it unsatisfactory to prepare for his sermons Saturday night in the rectory because of the noise and everything else going on from that establishment and he is seeking alternative sites so that he can prepare for his services in the appropriate quiet. We find the misinterpretation of the law unconscionable. We believe that the law was written for a particular reason and that the surveyor, had he done his homework correctly and accurately, would not have certified the survey as showing at 300 feet. It falls far below the established criteria. It's 30 percent. We're not talking about one or two percent, we're talking about a statistically significant variation on the law. And we're asking that the law be upheld. Mayor Suarez: And we're getting theology, statistics, the whole bit. Dr. Tershakovec: Yes, sir. Mayor Suarez: Yes. Eighty or 90 feet certainly would be important to our _ consideration, if we could otherwise conclude as ,you do, that that's where the distance has to be measured. Dr. Tershakovec: Thank you. Commissioner Alonso: I have some questions, please. You mentioned the noise situation. Dr. Tershakovec: Yes, ma'am. _ Commissioner Alonso: Do you think it comes from the restaurant or it comes from the other part of the facilities that they have? Dr. Tershakovec: I'd like to defer the answer to that to Monsignor John Stevensky who is the one who is actually the one who has witnessed the noise and has been first hand affected by it. Commissioner Alonso: It's the restaurant or...? Because the restaurant is not even an issue. The restaurant could function anyway. Because I think they have the appropriate distance. 178 March 25, 1993 0 Ll Mayor Suarez: Are you Eastern Rite Catholics? Is that... Father John P. Stevensky: Yes, Mr. Mayor. I am Father John Stevensky, pastor of the Assumption Ukrainian Catholic Church of the Eastern Rite. I reside at 39 NW 57th Court. I have a prepared statement that I did type out, but I'd _ first like to answer your question about the originating of the noise. As of most recently, they did put bench type, couch type seating outside, which is approximately 20 feet from the church property And they sit there, they have put up umbrellas there and much of the noise does originate from there, yes. Mayor Suarez: All right. Anything further from the opponents, I guess, for lack of a better word? I think you are, in fact... They are the appellants, aren't they? Or not? No, that was the City that initiated the process? Mr. Rodriguez: Right. They are appealing the decision made by the Zoning Board that upheld the decision by the... Mayor Suarez: The property owner appealed. Mr. Rodriguez: The property owner, yeah. Mayor Suarez: OK. Anything further from the property owner then? Mr. Rodriguez: The appellant. Mr. Jugo: No, sir. Not at this time. Mayor Suarez: And we... You are withholding or reserving a certain amount of testimony for your expert? Mr. Jugo: Yes. Mayor Suarez: If you think that's necessary. And it is appropriate for us to close the public hearing, except for that testimony, and make our determination. I think the issues are not that complicated. So, I don't think you would lose anything, Monsignor, if the entire group did not come for the meeting where we would presumably take final action. Explain to the congregation that part of the reason that we don't try to force the issue through today is to preserve their rights, in case they could say that, you know, they were not given all of the procedural fairness that they're entitled to. But we would decide it then on the twenty... What are we finally doing the 15th? We consolidated those two meetings? Mr. Rodriguez: Fifteenth of April, yeah. Mayor Suarez: Fifteenth of April. Ms. Maer: So, you're continuing it to that date. Commissioner Alonso: Yes. Mayor Suarez: Yeah. And we will have a complete transcript of everything that has been said today. We don't necessarily copy it, but if you want to 179 March 25, 1993 indicate... or if you want to request a transcript, we'll be happy to make one available at a small Cost. You might also want to sort of introduce the people who are here in support of your position. Commissioner Dawkins: Mr. Mayor, you also may want to point out to them that another reason that we might continue it is that we do not have a full Commission and we wouldn't want anyone to feel that they were denied their right because we don't have a full Commission. Mayor Suarez: Yeah. All the arguments that Dr. T made about, you know, being born here and his parents and all that particularly appeal to Commissioner Plummer, because we're pretty sure he's been here since the last century. So... Father Stevensky: If I could just clarify one understanding as to what is the definition of a restaurant? Now, I pass by there just taking a walk around the block occasionally and I see, for example, as late as Saturday evening going to hopefully buy my winning lottery ticket, which I didn't get, and there was the... the bar was filled. And there wasn't anyone eating. I looked into the window and they were all, of course, drinking beer. So, that's what I would say is... what is the understanding of a cafeteria? Is it really a cafeteria or just a place to meet... Now, I see no one eating outside. Mayor Suarez: Well, in that particular case, up to now they've had a permit both for serving liquor, for setting liquor... No? Mr. Gonzalez: No, remember the actual certificate of use was revoked by the... Mayor Suarez: Oh, I'm sorry. Mr. Gonzalez: OK. Mayor Suarez: I meant before that revocation, it was a restaurant plus liquor store plus lounge. Mr. Gonzalez: Correct. Mayor Suarez: So, they can pretty much serve anything they wanted without serving meals. Right? So... But now that's been revoked and that's the status quo now and if it goes back to the status quo, they will only be able to be a restaurant, monsignor, and I think we said that before you arrived. Then it would be only beer and wine served in conjunction with meals, if it came back to that. No hard liquor and no packaged liquor, if it came to that. So, we will make that determination on April 15th. We're pleased to have you. If you want to identify, in any way further, other than standing up, the group that's... We're pleased to have you here and they... Commissioner Alonso: But it's important that they understand that they can have still a restaurant, even if we vote against them. Mayor Suarez: Yes. 180 March 25, 1993 Commissioner Alonso: Yes. Mr. Stevensky: These are not only my parishioners, they're also neighbors from the neighborhood. So... Mayor Suarez: Very good. Mr. Ed Blanco: Mr. Mayor, I'd like to have... My name is Ed Blanco, Flagami administrator. The first time this was presented to the Zoning Board, they asked for a continuance. The second time it was presented, they asked for a continuance. Now, we've come before the Commission and they've asked for a continuance. I would like to assure the public that there will be no more continuance and this is decided April 15th. Commissioner Dawkins: We cannot assure the public that because I may drop dead... Mr. Blanco: OK. That's... Commissioner Dawkins: ...and they don't have four... five Commissioners. Mayor Suarez: But then you'll he otherwise celebrating, so you know, you won't mind at all, whatever we decide. Mr. Bianco: ©K. Mayor Suarez: Dr. T. Dr. Tershakovec: Mr. Suarez, the question is Mr. Jugo is invoking all the stall tactics that are afforded to the legal community. We as lay people feel that the issue is quite clear and should be settled and handled now. An expert... What will the expert change? A measurement is a measurement. I mean, unless he's going to introduce a new system. Unless congress will adopt that we're going to go to some other measure than the foot system, the laws are clear, the issues are very clear at hand. I mean, how many more stall techniques are we going to utilize? You know, he also uses lots of concepts about the church not having a certificate of use or occupancy. Mayor Suarez, our church looks like a church. It's not like the Coptic mansion on Star Island or Yahweh Ben Yahweh's place of worship. This is... I mean, it looks like a church. The Mayor's office... Commissioner Dawkins: Let's don't pick on Yahweh Ben Yahweh and don't pick on Correts now. Dr. Tershakovec: The City of Miami, both the Mayor's office ,and the Commission's office, has recognized our church with many resolutions over the years. They are well aware of the persecution that both the Ukrainian... Mayor Suarez: But don't overstate your case. We're going to take all of that into consideration. Commissioner Dawkins: But Doctor, don't... You seem to feel that your issue is going to be defeated. I mean, you see... 181 March 25, 1993 0 Dr. Tershakovec: Well, I... Commissioner Dawkins: But there... Commissioner Alonso: Yes. Commissioner Dawkins: But don't... I mean, no one has assurers anybody of that. But by the same token, we would hope that we would give the other side a fair chance so that if they lose, they have nothing to fall back on to say that they asked for something and we did not attempt to accommodate them, Dr. Tershakovec: Well, Conmissioner Dawkins, I appreciate that, but I also recognize the fact that many of the lawyers try to beat the system down by continuing, continuing, continuing. I know that when I had a speeding ticket my lawyer said, "Don't worry. We'll beat this by continuing the pants out of the Police Department, until they don't show and we'll win the case." I said, "No, sir. I'd like to argue the merits of my case and not to fall on legal loopholes and proceedings." Mayor Suarez: Do you live in Coconut Grove by any chance? Dr. Tershakovec: No, sir. Mayor Suarez: Because you sound a lot like the people from Coconut Grove when they come here. Commissioner Alonso: He lives in the County. Mayor Suarez: God, they are insistent and technical and... All right. Commissioner Dawkins: But we... You know, we sympathize with you because we go... As you say, we do go through this almost every Commission meeting. And as you said, the "developers" tend to have the bucks to hire lawyers. The homeowners barely can make it. They have no money to hire lawyers, they have to come themselves. And like you said, some of them take time off from their jobs, which, hey, it creates a hardship, But in America, God bless us, we try to be fair and in trying to be fair, sometimes we hurt other people. Dr. Tershakovec: All right. At the April 15th hearing, will we be able to provide additional testimony if necessary? Commissioner Dawkins: If necessary, yes, sir. Mayor Suarez: Necessary. You might find at that point that you don't want to get too much into additional testimony, but you'll be able to. All right? Dr. Tershakovec: All right. Thank you. Mayor Suarez: We really meant to close the public hearing... Commissioner Dawkins: ...not closing the public hearing. Mayor Suarez: ...except foµ that testimony, but if you want to open it for a fair amount of time to rebut that particular testimony, we'll do it that way. How is that? 182 March 25, 1993 Dr. Tershakovec: All right. Thank you. Ms. Maer: Mr. Mayor? Mayor Suarez: She looks like she's about to take the microphone with her and get this all resolved one way or the other. Yes? Ms. Maer: Is that continued to a time certain? Mayor Suarez: Yeah. Mr. Rodriguez: Five p.m. Mayor Suarez: Five p.m. again. Mr. Jugo: Could we... Commissioner Dawkins: Five p.m. again or 6:00 o'clock would be convenient for you? Or what now, sir? Mr. Jugo: May I ask one... Mr. Rodriguez: Six p.m. Commissioner Dawkins: Six p.m. Mayor Suarez: Six p.m. All right. Commissioner Dawkins: Time certain, 6:00 p.m. Mr. Rodriguez: April 15th. Mayor Suarez: Sir. Commissioner Dawkins: Is that all right with you, sir? Mr. Jugo: It's April 15th? Commissioner Dawkins: That's all right with you, sir? Mr. Jugo: Yeah, I'm not... Again, regardless of what Dr. T has to say, Mr. Valdez is currently in a bed and can't get out. He has injured his back. Mayor Suarez: We don't... Commissioner Dawkins: We don't... Mr. Jugo: But regardless, what I'm concerned about is, I'm not quite certain as to when he will be able to appear before the Commission. 183 March 25, 1993 0- 0 Mayor Suarez: Well, it's either... If it's not April 15th, it will be never. I guarantee you that. OK. With or without Mr. Valdez. Ma'am, at your own risk. Ms. Ellen Miller: Ellen Miller, 8620 SW 43rd Street. I would just like to know if they're still allowed to be open. Mayor Suarez: I think that can be clarified by staff. But their license has — been revoked for anything but a restaurant. Commissioner Dawkins: They can open a restaurant, can't they, staff? Mr. Gonzalez: Right now, their certificate of use is revoked as a total for the simple reason that... Commissioner Dawkins: OK. Mr. Gonzalez: ...they had all three mixed in together. So, technically, no. They cannot be open. Commissioner Dawkins: Thank you. That's all. OK. Mayor Suarez: OK. I don't know what they have to do to be open as a restaurant only. But they can clarify that. All right. Thank you. Mr. Jugo: Thank you. Mayor Suarez: I'll entertain a motion to continue the item... Commissioner Dawkins: So moved. Commissioner Alonso: Second. Mayor Suarez: ...for the limited purpose stated, until April 15th. Commissioner Dawkins: Time certain 6:00 o'clock. Mayor Suarez: Moved... Six p.m. on April 15th. 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-3 WAS CONTINUED UNTIL THE APRIL 15th MEETING AT 6:00 P.M. 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. 184 March 25, 1993 dim 32. (Continued) DISCUSS AT A PUBLIC HEARING AND CONTINUE (TO APRIL 15TH MEETING) APPEAL OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD TO PERMIT A JOINT PARKING FACILITY AT THE CORNER OF U.S. 1 AND S.W. 27 AVENUE. (Applicant: Resolution Trust Corp. Appellant(s): J. Confalone, N. Grove & C. Grove Sta. Apts.) (See label 28) Mayor Suarez: Item PZ-4 and 5, we've got a settlement. Mr. Sergio Rodriguez (Assistant City Manager): Let me correct what I said before. Mayor Suarez: This time we're not going to... Mr. Rodriguez: They are not withdrawing the appeal. They have an agreement among themselves, but they're not withdrawing the appeal. Mayor Suarez: All right. Whichever. We don't care, as long as they have an agreement. And we had already introduced into the record, and I know that that evidence is still valid and available and doesn't have to be repeated, that this is the agreed upon plot plan and that you had eliminated the car wash by... Unidentified Speaker: ...eliminated the car wash and made the gas station area smaller by relocating the mini mart to where the car wash... Mayor Suarez: OK. Anything else that we need to do on this item before voting on it? Mr. Rodriguez: You might want to... Since it is... you're hearing the case now as compared to withdrawing the appeal. There might be people from the public that might be interested in hearing this. Mayor Suarez: Is there anyone from the general public who is opposed to this item or what is being presented here? Let the record reflect... Yes, ma'am. Commissioner Dawkins: Come to the mike, please. Mayor Suarez: Come up. Complete with... Commissioner Dawkins: Her drawings. Mayor Suarez: Yes, with your drawings. Did we get a chance to swear you in before? Could you administer the oath, please? Madam City Clerk, could you administer the oath? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Cynthia Shelley: My name is Cynthia Shelley. I'm from 2975 Washington Street. I live in Coconut Grove. I'm representing Homeowner's Association 185 March 25, 1993 which is very near this corner and I just would like to say that we oppose the idea of a gas station being on this corner, since we have gas stations on just about every corner on U.S. 1 - big gas stations all up and down U.S. 1. Why do we need another gas station and especially at a corner that is exceedingly dangerous? At this moment, there is not enough time for cars to turn there, let alone for a pedestrian to get across the street. I try to get across the street everyday and so does my husband, with a small child. So, I experience It everyday and I'm not atone in this respect, in this belief. So, I would just like to point out that with this minimart, I feel like we've already got a minimart at... Let me see here. I've got... These are not my pictures. I'm using someone else's. Mere she is right here. Ms. Joyce Nelson: Sorry, I just arrived. Where are we? I'm sorry. I'm Joyce Nelson, 2535 Inagua Avenue. What we have here is a map of the U.S. 1 intersections from Le Jeune Road to 17th Avenue. They're on two charts. The first one is the 17th Avenue, which has a Shell Station already. It had a car wash that failed and now it has a convenience store that is one-half full of liquor and beer. The Shell Station is very dirty, very... Mayor Suarez: You're talking about U.S. 1 and 17th? Ms. Nelson: Seventeenth Avenue, yes. Commissioner Dawkins: Right by the cleaners. The cleaners are on the south side of the street and the Egyptian plates and the Shell Station is across the street on 17th. Ms. Nelson: You can't picture it. Can you? Mayor Suarez: U.S. 1 and 17th Avenue. Ms. Nelson: Yes, sir. Mayor Suarez: There is a convenience store and a gas station there. Ms. Nelson: Yes. Mayor Suarez: What's the name of the convenience store? Ms. Nelson: Convenience store. Mayor Suarez: You don't know what the name of it is, but you know that half of it is liquor. Ms. Nelson: Yes. I was inside. There are pictures. Mr. Ron Nelson: It's the Shell Station. The convenience store is... Ms. Nelson: And then there is a convenience store right behind... Excuse me, right there. Right behind... Commissioner Alonso: But the new one... It enters a little... Ms. Shelley: If you look at these pictures up at the top, you can see that... 186 March 25, 1993 Mayor Suarez: I spend a good part of my life at that convenience store of U.S. 1 and 17th Avenue and I've not seen all that much liquor there. In fact ... Commissioner Dawkins: What they're saying is on the other side of the rapid transit. Ms. Nelson: ...correct. Commissioner Dawkins: If you come down... come down U.S. 1, then... Mayor Suarez: It used to be a 7 Eleven. Commissioner Dawkins: ...you get... you turn left and then you go under the expressway and then you see the convenience store. Ms. Nelson: It's right there. Correct. Mayor Suarez: All I can tell you is I spend a good percentage of my life in that convenience store, because I'm always sent to go there to get milk and all those kinds of things and I don't see all that much liquor there. But maybe I just missed it. Commissioner Dawkins: No liquor. It's beer and wine. Ms. Nelson: Perhaps you missed it. Mayor Suarez: Beer and wine. Ms. Nelson: Perhaps you missed it, because a lot of it is in the dark. Mayor Suarez: I think you're overstating your case. I mean... Ms. Nelson: Well... Mayor Suarez: There's a gas station there and you may not like it, you know. And there is a convenience store and you may not like it. What else do you want to tell us? Ms. Nelson: OK. Well, may I suggest that you go back and look at the back part of the liquor store? Mayor Suarez: No, I... If it's the same one that I'm thinking about, there is no way you're ever going to convince me that that place is more than half full of... Ms. Nelson: Then I ask the audience to go and look for themselves. Mayor Suarez: If you want to stake your case on that, I wouldn't do it if I were you. Go ahead. Ms. Nelson: The Shell Station there is in poor condition and it doesn't have the maintenance that the Shell people told us that we would have at this 187 March 25, 1993 '.F "3 E station, which I'm bringing up only because they... we're very concerned about the maintenance of the station, if it's going to exist. Also, there is a labor pool that exists from that intersection under the Metrorail. After 17th Avenue and that gas station, you come to... Commissioner Dawkins: Wait, now, I'm with you 100 percent, but what does a labor pool have to do with our putting a filling station there? Anybody? Mr. Ron Nelson: My name is Ron Nelson. Commissioner Dawkins: Yes. Mr. Nelson: I reside at the same address. Commissioner Dawkins: Yes, sir. Mr. Nelson: OK. At that gas station... Mayor Suarez: Are you sworn in, sir? Mr. Nelson: I just ran in. I will... I got here just a little bit too late for the swearing, but I will... Swear me. Mayor Suarez: For a 5:00 o'clock item, you just ran in at 6:00 o'clock and you're ready to get into the argument. Mr. Nelson: I work, sir. Mayor Suarez: All right. Mr. Nelson: I got here as quick as I could. Mayor Suarez: Swear him in. Swear him in, please. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Nelson: OK. At that station, if you go there early in the morning, they collect labor there. Roofers go there, construction workers... Mayor Suarez: Which station are we talking about now? Mr. Nelson: The 17th Avenue station that's just off of Dixie, behind the Metrorail. They collect labor there early in the morning. Roofers do, contractors... Mayor Suarez: The same one where I spend most of my life? Mr. Nelson: Yes, the same one. Mayor Suarez: Is now have what - a labor pool? Mr. Nelson: You're probably not there that early in the morning. 188 March 25, 1993 Mayor Suarez: You mean people go there to be picked up to get jobs. Mr. Nelson: Yes. Roofers, contractors come there and collect labor. Mayor Suarez: This is not after the hurricane but always, since time immemorial? Mr. Nelson: Yes. Yes, it is true. And if you will go there late in the... Mayor Suarez: What a horrendous thing to happen at 17th Avenue at U.S. 1. All right. Mr. Nelson: Well, go there early in the morning. I leave for work at 6:30 in the morning. Sometimes I stop for gas on the way and it's there. You go there in the evening - 5:30, 6:00, 6:30 - you'll see many people hanging out there, especially across the street where they park under the Metrorail, where a lot of people park... Remember where the camp was there for a while after �- the hurricane? There. Mayor Suarez: Yeah, there was a... Commissioner Alonso: After... Mayor Suarez: After the hurricane... Commissioner Alonso: After the hurricane. Mayor Suarez: ,..there was some people camping there, yeah, Mr. Nelson: They're... They still do hang out there and they still hang out there drinking beer. Mayor Suarez: OK. Remember... What's the intersection we're talking about in this case? Commissioner Alonso: Seventeenth. Mr. Nelson: I don't know what that little access road is called. Commissioner Alonso: Seventeenth. Mayor Suarez: No, we're talking about 27th and U.S. 1. Mr. Nelson: Yeah. Mayor Suarez: I mean, there is a limited amount of interest that we have and what happens... Mr. Nelson: What I'm... Mayor Suarez: Go ahead. Commissioner Alonso: Ten blocks. Ow March 25, 1993 U G Mayor Suarez: But I mean, you knew, that's the intersection that I... Mr. Nelson: My point is that I'm afraid that the same problem is going to move . Mayor Suarez: We're very familiar with that intersection - 17th and U.S. 1. Mr. Nelson: I still think the problem is going to move. You've got... You're going to put in a convenience store that sells beer and wine, open 24 hours a day, next to a residential area. You're going to have people that are going to start loitering and hanging in back of that convenience store, =- especially to that little back street - 28th Lane, or whatever it is - and I think that that's just a bad influence for the neighborhood. The people are — going to start hanging out there. I think that problem is going to move to - that point. Kids are going to be in there trying to buy beer late at night. - We fought... Lots of people have fought 24 hour convenience stores in their neighborhoods, especially in the Grove area. _ Mayor Suarez: Are you saying though that'you expect that if we approve what they have, and which apparently most people have agreed to - but not you, obviously - that that corner, that triangular piece that we're talking about here, 27th Avenue and U.S. 1 - this is the one that has been abandoned for I - — don't know how many years, right? Commissioner Alonso: Yes, Mayor Suarez: ...is going to somehow be worse than what we've seen there the -- last few years? Mr. Nelson: I don't think it's an improvement. No, I think you're going to have loitering. You're going to have people hanging out in back drinking beer. I think you're going to have lots of people hanging out there and people aren't going to go away. Mayor Suarez: Well, there is nothing intrinsically wrong with people hanging around a place. All right. Mr. Nelson: If they're consuming alcohol, yes. Mayor Suarez: I mean, it looks like... it looks awful right now, that little —' corner there. _ Mr. Nelson: I don't think it looks that bad. It's a vacant lot, which if you don't like a vacant lot, it's ugly to you. Mayor Suarez: It's in horrendous unkempt condition. Mr. Nelson: But it's a vacant lot. Mayor Suarez: And it just looks awful. Maybe it's a matter of aesthetic, maybe it's a matter of taste. Mr. Nelson: My next argument is that it has special zoning and I don't think we should change it for this. It was... 190 March 25, 1,993 zz AWOL Mayor Suarez: OK. How about that? What does he mean by that? Do you know what he means by that has special zoning? a< Mr. Rodriguez: Before you, you don't have a change of zoning. What you're getting is a special exception... Mayor Suarez: Right. Mr. Rodriguez: ...which is to allow you to have a joint parking facility and the other issue that you... Mayor Suarez: If we said no, could they still do the basic convenience store there? Mr. Rodriguez: They could do... Yes. Mayor Suarez: And what could they not do, if we said no? Mr. Rodriguez: They wouldn't be able to have a combined parking facility, and they wouldn't be able to have the gas station, because for that one they require a special exception. Mayor Suarez: I see. Mr. Nelson: You require a special exception for the gas station. Wasn't it also zoned that they were going to put an office building there with a passage over Dixie to the Metrorail? Mr. Rodriguez: The zoning will allow them to build that, but the property owner would have the right to do what he can... wants to do within the parameters of that zoning. He doesn't have to do that. I mean, that was a conceptual plan that will allow him to do that, or her to do that. Mayor Suarez: What, a pedestrian overpass, we're talking about? Mr. Rodriguez: Well, yeah. No, there was a proposal a way... some time ago that would be a building over there and... an office building with a pedestrian connection to the Metrorail, but the market wasn't there and they never came with a proposal for that. And the zoning that is there will allow them to do that, but the owner has chosen not to do that. They have been trying to go within the parameters of the zoning ordinance. Mayor Suarez: What is your feeling about such... Mr. Nelson: The point I was making was that they altered the zoning so that that project would be built, that is what they wanted there and that is what the residents wanted there. No one protested that zoning change. - Mayor Suarez: A pedestrian overpass? Mr. Nelson: And... Mayor Suarez: And a building to go with it? 191 March 25, 1993 - �q` r 11 Mr. Nelson: Yeah. Residents did not want - and if you talk to the Center Grove Homeowners' Association or our homeowners' association - they did not want a gas station there and a convenience store. The property is now in the resolution trust. It is finally at a saleable price and I don't think you have to take the first offer that comes on it. It's not the best... _- Mayor Suarez: I would love to see - I think this 1s part of the... one of =_ the SO (Special District) districts that were drawn for the Metrerall with a radius... Mr. Nelson: Right. Mayor Suarez: ...none of which have worked. We would love buildings there. We would love to see pedestrian overpasses, have the funding for it, unless you do. So... to see office but we don't Mr. Nelson: I just don't think you have to take the first offer that comes. The property has finally come to be at a saleable price and I think you will get better offers. I think you'll find that the residents don't want it. Mayor Suarez: No, no. We don't get any offers at all. We have nothing to do with it. It's not our property. Mr. Nelson: No, I'm saying I think there will be offers on the property. I shouldn't have said "you." There will be offers on the property. It is not — what the residents in the area want. It requires a special exception. The _ residents don't want it. So, why grant the special exception for it? And we definitely don't want a 24 hour convenience store. If you want to put in a full service station, you might sway me, but I don't think so. I don't want a —_ gas station either, but I definitely don't want a 24 hour convenience store that close to my home. I deal with enough with EZ Kwik. I don't need another 24 hour convenience store. If you want a 24 hour convenience store near your home... Mayor Suarez: Well, the closest one is the one on 17th Avenue and you find that one... Commissioner Alonso: And he spends his life there. Mayor Suarez: ...extremely objectionable. Maybe if I lived right behind it, I wouldn't be so pleased about it. Mr. Nelson: Yeah. And it is a residential area right behind it. I. don't need it. Mayor Suarez: Yeah. Mr. Nelson: The third thing we brought up was the traffic problem. It's a nightmare there. There is no way to get out of that gas station, unless you're going to continue going north on Dixie. You can't pull out on 27th Avenue. You can't cross 27th there. There's no way you can cross. 192 March 25, 1993 11 Mr. Nelson: Yeah. Residents did not want - and if you talk to the Center Grove Homeowners' Association or our homeowners' association - they did not want a gas station there and a convenience store. The property is now in the resolution trust. It is finally at a saleable price and I don't think you have to take the first offer that comes on it. It's not the best... _- Mayor Suarez: I would love to see - I think this 1s part of the... one of =_ the SO (Special District) districts that were drawn for the Metrerall with a radius... Mr. Nelson: Right. Mayor Suarez: ...none of which have worked. We would love buildings there. We would love to see pedestrian overpasses, have the funding for it, unless you do. So... to see office but we don't Mr. Nelson: I just don't think you have to take the first offer that comes. The property has finally come to be at a saleable price and I think you will get better offers. I think you'll find that the residents don't want it. Mayor Suarez: No, no. We don't get any offers at all. We have nothing to do with it. It's not our property. Mr. Nelson: No, I'm saying I think there will be offers on the property. I shouldn't have said "you." There will be offers on the property. It is not — what the residents in the area want. It requires a special exception. The _ residents don't want it. So, why grant the special exception for it? And we definitely don't want a 24 hour convenience store. If you want to put in a full service station, you might sway me, but I don't think so. I don't want a —_ gas station either, but I definitely don't want a 24 hour convenience store that close to my home. I deal with enough with EZ Kwik. I don't need another 24 hour convenience store. If you want a 24 hour convenience store near your home... Mayor Suarez: Well, the closest one is the one on 17th Avenue and you find that one... Commissioner Alonso: And he spends his life there. Mayor Suarez: ...extremely objectionable. Maybe if I lived right behind it, I wouldn't be so pleased about it. Mr. Nelson: Yeah. And it is a residential area right behind it. I. don't need it. Mayor Suarez: Yeah. Mr. Nelson: The third thing we brought up was the traffic problem. It's a nightmare there. There is no way to get out of that gas station, unless you're going to continue going north on Dixie. You can't pull out on 27th Avenue. You can't cross 27th there. There's no way you can cross. 192 March 25, 1993 Mayor Suarez: What about the traffic problem? If I may interrupt you for a second. What do we think is going to happen with all the traffic? Have we looked at it? Has... I mean, not that necessarily this is one of the criteria that we would apply, but... Any... Ms. Lourdes Slazyk: They're using all of the existing curb cuts. They're not opening anything new for ingress and egress. They're using everything that's there. A traffic study was not conducted on that intersection. Commissioner Dawkins: OK. But as was stated, it is very, very difficult for automobiles to make a left hand turn on... Mr. Rodriguez: On Dixie... Twenty-eighth. Commissioner Dawkins: ...from 27th on to U.S. 1. Mr. Rodriguez: That's right. Mr. Nelson: There is no lead. Commissioner Dawkins: And for some reason, in our infinite wisdom, we do not have a lead light there and therefore, that also creates a problem for people trying to cross the streets. Mr. Nelson: You have... Commissioner Dawkins: So, I mean... And I'm not taking sides. That's a fact. Mr. Nelson: You have one other problem there. You create a stacking, because that's where 27th Avenue goes from two lanes to one lane, right there at that spot. So, it's always stacked up there. The light turns green, cars race to that point and them they all try to merge and it stacks there every time. Then you have cars stacked all the way out into Dixie with each cycle of the light. There is no way someone's going to break through that. As soon as the light turns green on Dixie, cars are making a right turn and it's continual. It never ends and it's always stacked going the other way on 27th Avenue, going north. So, there's no way they're going to pull out across 27th Avenue. They can't go any other direction but north on Dixie Highway, or force their way into that gridlock and continue south on 27th Avenue. But they'll never cross 27th Avenue to go north and then to make a right on Dixie or... They can't get out of there. Also, pulling into the station. That's a. high speed area at the moment. I know the speed limit is, I guess, 40 through there or 45, but to pull into that station, you're going to have to decelerate and try to get into the station. There are no... There isn't a pull off lane and a run lane like they have at the office buildings further... If you go further north on Dixie, they have a run lane for the office buildings that cars pull of an decelerate and then pull into the parking lots. Mayor Suarez: I guess what the staff is saying is that unless the proposal would change the egress and ingress of the existing use there, we don't get into traffic studies. In other words... Mr. Rodriguez: On this... 193 March 25, 1993 Ll _ Mayor Suarez: ...it's going to, obviously, create more kraffice I mean, there's no doubt about it. Mr. Rodriguez: Right. Mr. Nelson: Right. Mayor Suarez: And if the traffic is already bad, which we know it is at 27th and U.S. 1, in that sense 1t makes it worse. Yes. Mr. Rodriguez: Because the other issue, you know, in relation to that, Mr. Mayor, is... I'm sorry, Commissioner. Commissioner Dawkins: No, go right ahead, Mr. Rodriguez. Mr. Rodriguez: ...is that, for example, one of the uses that will bring traffic will be Pollo Tropical. That one is a permitted use, without having to go through any permits. They would be doing that as a matter of right. The... And the other use of the shopping center... mini shopping center over there, that would be allowed by right, without having to go for a hearing. The reason that they have a hearing is as I mentioned before, is because they have a joint parking facility and also because of the service station. Frankly, the service station 1s going to create some traffic. But whether that traffic could be more intense than having, for example, an office building that would be ten stories high, that's... Mayor Suarez: Question. Mr. Rodriguez: That's our point. That would be... If they were to build under the existing zoning, there would be a possible impact on peak hours. And that's part of the considerations that we were taking into account when we were making our recommendation. Mayor Suarez: All right, Commissioner Dawkins. Commissioner Dawkins: I'm confused. Mr. Fletcher, I think, represents some citizens. Is that correct, Mr. Fletcher? Mr. John Fletcher, Esq.: I represent Jim Confalone and two corporations that own property in the area who appealed this decision, the only appellants of this decision from the Zoning Board. Commissioner Dawkins: OK. Then... Mr. Fletcher: I'm sorry. I don't represent this group, no, if that's the confusion. Commissioner Dawkins: OK. Is there anybody on this side... Wasn't there somebody over here who was supposedly representing the citizens, speaking for the citizens? Mr. Fletcher: Only the citizens I represent, no. 194 March 25, 1993 Mr, Rodriguez: The confusion, Commissioner Dawkins, might be that he's representing North Grove Apartments, Inc. and Grove Station Apartments, Inc. And when you read apartments, the idea in your mind is that they might be apartments being represented. But he's representing the corporations of the apartments. Is that correct? Mr. Fletcher: Right, exactly. That is correct, yes. Those were the three... Mayor Suarez: And the other confusion is.., Commissioner Alonso: And they have an agreement now. Mr. Fletcher: Yes, those appellants... Mr. Rodriguez: And they have an agreement. Mayor Suarez: And the other confusion is that if he had not appealed, the matter would not be before us. Mr. Rodriguez: Right. Commissioner Alonso: That's right. Mr. Fletcher: That's correct. Mr. Nelson: Well, we knew he was appealing. So, we... Mr. Fletcher: If I were to dismiss the appeal, we'd be out of here. Mayor Suarez: You knew that he was appealing. So, you knew you'd get your... Mr. Nelson: Yeah. We knew he was appealing, so we knew we'd get our chance to speak. Mayor Suarez: Bite at the apple, even if it was at six... Mr. Nelson: If he hadn't appealed, we would. Mayor Suarez: Very good. Mr. Nelson: We already investigated that. What's the point, since he has? Mayor Suarez: All right. Anything further? Why is Mary Weber back there, kind of like floating around? Mr. Nelson: I just want to say that it was granted special zoning a white back for a project that we felt that would be good for the neighborhood and... Mayor Suarez: This was the office building, com-overpass, et cetera. Mr. Nelson: ...and we're talking about a master plan for the area and trying to improve things. Mayor Suarez: Is that what he's talking... 195 March 25, 1993 0 Mr. Nelson: This is not an improvement. 0 Mayor Suarez: Does he mean the Metrorail... Yea.h. Well, that wasn't really a special zoning. That was... Mr. Nelson: This is not an improvement. We're trying... We're talking about a master plan for the area and trying to improve what we have. I don't think this is an improvement. This is not an improvement to the area and I hope you don't grant it. Mayor Suarez: OK. Ms. Shelley: This gas station is the largest... Mayor Suarez: Name again one more time, please. Ms. Shelley: Cynthia Shelley, I'm representing Coconut Grove Park Homeowners' Association. This gas station is proposed to be the largest on the east coast of the United States. It will be open 24 hours a day. We already have a serious problem in Central Grove. This is the gateway to the Grove. We're compounding this problem tremendously and by not offering an overpass - at least an overpass - we are compounding it even more. The people could at least use the Metrorail and get across the street. As I stated before, there is no way to get across the street even now, you take your life into your hands, you have a few seconds and that is it. And we are compounding the problem many manifold by... if we let this gas station go in. And this is not an entrance to the Grove. We consider this the gateway to the Grove. Why should we take this? It's the first thing that's come along in a long time. Why should we take it? We don't need to. We can wait. We can wait a while longer and like Ron said, it's the first time that the prices come to a point where someone else can make an offer. I urge you, please, don't accept this at this time. Mayor Suarez: There is an implication that somehow if we approve or don't approve today, that there will be a whole separate deal done here. I don't know why they assume that, but having dealt with the RTC (Resolution Trust Corporation) there's... Are they only under contract to buy this property or have they bought it? Mr. Rodriguez: I will let them address that. I couldn't tell you. Mr. David Gell: They only have an option, Mr. Mayor. Mayor Suarez: There was a voice from somewhere that said contract. All right. Mr. Gell: I want to apologize for being late, Mr. Mayor. But if I could be sworn in... Mayor Suarez: Yeah, please. Swear him in. Mr. Gell: ...I'd like to make some testimony. 196 March 25, 1993 ,. z£ AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRES► OATH UNDER ORDINANCE NO. 10511. TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr, Gell: My name is David Gell. I'm president... Mayor Suarez: And here we thought this was a nice simple agreed upon issue. That was really cute. Mr. Rodriguez: Well, that's why I stopped it before. Commissioner Alonso: I know. I'm confused now. Mr. Rodriguez: Because it was an agreement and then there was a change in my opinion and there was an agreement that would have been a withdrawal of the appeal and now they wanted to hear the case. Mayor Suarez: That's a very quick comeback. All right. Mr. Gell: My name is David Gell. I live at 3290 Matilda Street and I represent the Center Grove. The Center Grove is from 27th Avenue to 32nd and from U.S. 1 to Grand Avenue. That area can be devastated by this project. Don't throw away this corner. Don't settle for a tax base that really should be much greater than what you're selling for here, if you choose to allow this to happen. We, in the Center Grove, know what could happen to the Center Grove. We could have a huge increase in real estate prices and your tax base, but not if you ruin it by allowing this kind of a project on this particular lot. And I'll be brief and ,just say please, we beg you, do not allow this gas station on this lot. Let's wait for something that really has merit, that will really be a beautiful addition to Coconut Grove and that will... Mayor Suarez: What do you envision? Mr. Gell: ...it will come. Mayor Suarez: Just since we're into envisioning things that we would like to see there, I'm not sure that's exactly what's going to happen. But what would you envision there that would make more sense? A building with an overpass, apparently is not all that viable. So... Mr. Gell: Well, I don't know... Mayor Suarez: And I'm not sure it's all that much better than this, but what would you envision? Mr. Gell: Are you suggesting economically viable at this time, or feasible at this time? Is that... Mayor Suarez: Well., what would you like to see there that you think might happen? Mr. Gell: I think the people who suggested the SD-11 overlay had some vision for what that corner could look like. Yes... Mayor Suarez: So, back to that vision. 197 March 25, 1993 Mr. Gel I: ...a mixed use. You know, I go back to that because that was definitely something that was .seen as a possibility. Unfortunately, the economics of the time didn't allow for it. We have the economics, or will have very soon... Mayor Suarez: What's so magical about that? You have a higher density situation, maybe more traffic. Is it just the pedestrian overpass? Because maybe we can get some money and build a pedestrian overpass. Mr. Gell: There is a lot less negative impact on a clean building, a clean use, than to the negative influence of a gas station with transients and... What he said about 17th Avenue - I was able to hear it... Seventeenth Avenue, that gas station - the Shell gas station - is an eyesore and yes, there are negative situations there that must be corrected and probably will be by the police at some point. Mayor Suarez: OK. All right. I get what you're saying. Mrs Gell: But, you know, I'm not a visionary. I'm just saying that we can do a lot better than a gas station and especially one that stretches 300 feet. Mayor Suarez: Well, but you may not have heard the testimony. If we don't accept this, they still could build a gas station. They can stilt build... Not a gas station? Mr. Rodriguez: No. Mr. Gell: No, sir. Mr. Rodriguez: Not a gas station, everything else they can. Mayor Suarez: Just the convenience store. Mr. Rodriguez: They could... Mayor Suarez: With parking lot? Mr. Rodriguez: Parking lot... Mayor Suarez: To cover the whole area.. Mr. Gell: Again... Mr. Rodriguez: In pieces. They can build... Mayor Suarez: wait, wait. Mr. Rodriguez: They can divide it into different pieces. Instead of having a Joint parking area, they could have a parking tot for a chicken place, the Pollo Tropical, and a parking lot with a shopping center and anything else that would be allowed under the zoning ordinance in that particular site. 198 March 25, 1993 Mr. Gell: Let's be very clear. They do not own this property. RTC owns this property and they have due diligence at this time and period of time that they must show due diligence to get these variances and to get these special -_ exceptions so that they can build what they want to build. They have not spent money on this property yet. They do not own it. Thank you. Mayor Suarez: All right. Anyone further? _ Ms. Mary Weber: Mary Weber, 3900 E1 Prado Boulevard, on behalf of the Village Council. I would ask you that if you do pass this this evening, that you ask and/or require the applicants to honor the agreements that they entered into upon as far as improvements were concerned, such as landscaping, et cetera... increased landscaping with the Village Council. Thank you. Mr. Rodriguez: That would be included, Mr. Mayor, in the 12 conditions requested by the Planning Department and that should be also reflected by the zoning board... Mayor Suarez: Did the Village Council formally... Commissioner Alonso: Support? Mayor Suarez: ...take a position on this? Commissioner Alonso: In favor of this? Ms. Weber: Yes, we did. Commissioner Dawkins: What is it? Ms. Weber: The Village Council voted in favor of the special exception. Mayor Suarez: Please, please. Ma'am, if you don't agree... Ms. Weber: Excuse me. Mayor Suarez: ...with what the chairperson of the Village Council is saying, you may come up to the mike and contradict her, but not from back there. Unidentified Speaker: Mr. Mayor, I'm secretary to the Village Council. Commissioner Alonso: Now I'm very confused. Unidentified Speaker: The issue was brought before the Village Council on two occasions. On the second occasion we asked... we made a resolution that there would be an absolute denial of this special exception, that we oppose the gas station being built on this lot. That's what the Village Council has asked you to do. Mayor Suarez: OK. Mary, David basically said that the Village Council had on at least one occasion voted against the gas station, the service station being put. there. Does that reflect an earlier vote? Do you have a later vote? Do you have anything different from that? 199 March 25, 1993 Y. � H Ms. Weber: I apologize. I stand corrected. Mayor Suarez: All right. Anything further? Mr. Edward Gurney: Yes, my name is Edward Gurney. I operate Halo Haircutters a on the property. I've been a tenant on the property... Mayor Suarez: You like you're a truthful man, but did you get sworn in? Mr. Gurney: No. _= Commissioner Alonso: No. Mayor Suarez: Madam, would you swear him in? And this is the last witness we're going to take on this case. AT' THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Gurney: I've been a tenant on the property for 21 years. There have been many owners. The property has been at times in this same situation with different developments. I have one question and I have a couple of comments. This is the first time I've ever addressed a Mayor. Mayor Suarez: You're doing fine. Mr. Gurney: And I'm a little nervous. My question is there have been 12 wells dug behind the building that I occupy which is on the south corner, 28th Terrace. There have been 11 or 12 wells dug by the old Benson Gulf gas station. What has been found there and should I be concerned about it since I've been on the property for all of these years? The initial wells that were _ dug were concentrated right by the building. But additional wells have been dug in expanding arcs, possibly trying to define a plume. I'm not sure. I'm concerned with what is there and should I be made aware of what was found? And on the comments that I have to make are being a tenant there for all of == these years, I'm very much aware of the traffic patterns. The demographics that were drawn up for the Metrorai 1, et cetera, was a bunch of bunk. The pedestrian traffic pattern there is very light. The automobile traffic pattern, on the other hand, at rush hour it backs up all the way down 27th Avenue to Bayshore Drive. I think it's going to really pose a traffic problem. I don't think Coconut Grove... As a businessman in Coconut Grove for 21 years, I don't think Coconut Grove needs another 24-hour convenience store gas station where beer, wine and gasoline can be sold to drivers that are driving residential streets. Mayor Suarez: All right. Mr. Gurney: And lastly, there are a lot of vacancies along 27th Avenue. I have a neighbor across the street, he's on the east side of the intersection, - Casey Crook and he owns Crook and Crook. He recently bought a shopping center behind his building, the Dixie Shopping Center. It is 33 percent vacant. He cannot find tenants at $12 a square foot. I was approached by these -- developers that they are planning a strip center on the point of the property at $23 a square foot, pre -construction pricing and I have to put in the floors 200 March 25, 1993 AbUIL and thn air conditioning. They're not going to rent it. This property has acquired over a $14,000,000 debt to the taxpayers. If they come in with a development like this, it's going to ultimately fail and it's going to cost the taxpayers more money. Mayor Suarez: As long as you're giving us all these financial figures, can somebody tell us how much they're supposed to be paying for this? Or is that not public knowledge? Mr. Gurney: What I heard was they are paying a little bit less than $1,000,000 an acre, it brings it around three point five million for the property. When the property was taken over by the RTC, there was over $14,000,000 owed on it. Mayor Suarez: OK. Mr. Gurney: Thank you very much for the opportunity to address you. Mayor Suarez: You have a hairstyling salon? Mr. Gurney: Yes, sir. It's a barber shop. It has been a barber shop for over 40 years. Mayor Suarez: Barber shop? Can we send Sergio over there to see if you can help him out? Mr. Gurney: Yes, sir. Mayor Suarez: All right. Mr. Gurney: Absolutely. Thank you. Mayor Suarez: Mr. Steiner, you weren't sworn in, unless you were. Mr. Yaromir Steiner: Yes, I was sworn. Mr. Rodriguez: I don't know what he's suggesting, but... Mayor Suarez: Very good. Quickly, and then we can wrap up. Mr. Steiner: Yaromir Steiner, 2901 S. Bayshore Drive. I'm speaking on behalf of the Chamber of Commerce. I would like to repeat that some improvements to the project were accepted by the developer in a meeting between the chamber and the residents of the community. And we will request that if you deny this appeal, that those changes and adjustments are strictly enforced and incorporated into the new design. Mayor Suarez: All right. Thank you very much. Commissioners, what's your pleasure on the item? Mr. Herminio San Roman: Commissioner... Mayor Suarez: Yes. 201 March 25, 1993 Mayor Suarez: Quickly, yes. Quickly, I mean. Mr. San Roman: Now, first of all, Commissioners, all we tried to do on this property is what the same uses that you had on this property for over 25 to 30 years - the service station, which is Gulf Benson, retail uses and a fast food restaurant. We have experts here to testify that the impact of this development wi11 not be much... I mean, it will be less impact than the proposed - and much ambition, but never actually acted upon - 15-story office building. As you know, this property has been vacant for over eight, nine years. It's been in the market for that much time, and nothing has been able to be developed on that. I think it's very important for this Commission to understand, and I think you do but I'll have to emphasize it. That we can once again go and put the retail uses, and put the fast food and the convenience store without the need of public hearing. This public hearing only addresses the service station. Mayor Suarez: The service station, OK. Mr. San Roman: We believe that... Mayor Suarez: Is it really the biggest in the world? Mr. San Roman: We also have experts that will testify that it is not, in fact. Mayor Suarez: OK. The Eastern United States or... Mr. San Roman: If you don't mind, I would like to call Mr. Luis Arias. Mayor Suarez: ... civilized part of the world or... Mr. San Roman: Mr. Arias. Mayor Suarez: Now, he's one of the biggest in the Eastern United States right there. Mr. Luis Arias: All right. My name is Luis Arias. You want to swear me in? Mayor Suarez: You didn't get sworn in before counselor? My God. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Arias: As for the biggest gas station on the east side of the States, it is really - if you look at it as a gas station, it's probably one of the smallest per square footage on the tot that they have. Commissioner Dawkins: But how many pumps would you have? Don't tell me... Mr. Arias: Eight MPD's, sir. Commissioner Dawkins: Sir? 202 March 25, 1993 Mr. Arias: Eight multiple grade dispensers. Commissioner Dawkins: Eight? Mr. Arias: Eight. Eight gas pumps. Commissioner Dawkins: That's all? Mr. Arias: Yes. Commissioner Dawkins: OK. Two, four... Mr. Arias: There's a few of them around with eight, but there's more than a = few around. ="— Commissioner Dawkins: That's 16. Mayor Suarez: OK. Mr. Arias: The reason they're going... Commissioner Dawkins: Thank you sir. Mr. Arias: You're welcome, sir. The reason they're going with that size is _- because basically they took the bigger size so they can get more landscape and a buffer for all the type of business that they're going to have into it. I want to really bring out a point to you, is nobody goes from his house to a gas station to get gas. You normally go from Point A to Point B, and you get gas on the way. There's Shell stations around, like you mentioned, and there's Amocos and other stations. You just go to the one that's nearest to you. So no new traffic will be coming to the area, just the people that are coming by the area already that are short of gas or that need some kind of help in the convenience store. So basically, they're not bringing new traffic or adding traffic to it, and that's basically, our service is to serve the community, not to create new traffic. Mayor Suarez: So nobody goes from their house to a gas station. Commissioner Alonso: I' m very strange. Mayor Suarez: You're obviously not familiar with my household. We got it down like eight miles left on the thing. Thank God it reads that, you know, and I got just enough to get back over to 17th and Dixie, all right? Commissioner Alonso: You are very strange. Go and get gas, spend your live at 7-Eleven. Mayor Suarez: Yeah, I do spend a lot of time at the 7-Eleven. Commissioner Alonso: Sounds like a lot of fun. Mayor Suarez: I spend a lot more money for my groceries, because I refuse to go to the big stores because then I can never get out, because everybody wants everything, from a job to immigration to... 203 March 25, 1993 N dt D Mr. San Roman: Commissioners... Mayor Suarez: Yes. Mr. San Roman: Commissioners, once again, we have worked with the community. Mayor Suarez: You have another rebuttal now? Mr. San Roman: Yes. Commissioner Alonso: It's the same. Mr. San Roman: I'm trying to continue. We have worked with the community... Mayor Suarez: Out he was part of your act here now. Mr. San Roman: We worked, with the appellant. As a matter of fact, that's why we settled with the appellant. It was very hard. Everything requested by the neighbors and the appellant, we agreed to, and I feel that this is something that the Board should approve. It will definitely be an improvement for this site. If you desire it, I do have a traffic expert that will testify whether, in fact, this will create additional impact or not. Mayor Suarez: I tell you what, I'm convinced that almost anything, including this, would be an improvement over what is there now. Ms. Joyce Nelson: I... Mayor Suarez: We've heard enough. Ms. Nelson: I wasn't allowed to finish with my charts. Mayor Suarez: Charts? Ms. Nelson: Yes. 1 had pictures. I would just like to finish with them... Mayor Suarez: All right. You would be overdoing this. I mean I'm about... Ms. Nelson: ... and I will be extremely brief. Mayor Suarez: You could be overdoing this. I'm about to tell you why I can't w vote for this. And I don't know how the rest of my Commission feels. My problem is that 1980, 179, 181, 183, and 185, and probably 187 and 189, when I ran for office, I said anything south of U.S. 1, very stable community, that does not conform with the wishes of the community as to anything that seeks to increase or commercialize the area unduly, I'll vote against. I thought this was something that was agreed upon by everybody. Obviously it isn't. I think that maybe - maybe it's wishful thinking, but maybe if we turn this down, it will go back and they'll renegotiate with the RTC or renegotiate with us, and come back with something that is a little bit less of what you, the neighbors, consider to be incompatible with the neighborhood, and might very well be. I have to admit, I stop at 17th and U.S. 1 all the time for all kinds of things. That's about the 25th time I say it. And maybe if I had to do it all over 204 March 25, 1993 again, if I could somehow preclude that use of 17th and U.S. 1 I would vote to preclude it. And then I would be a little more careful in not running out of milk and other kinds of other things that they send me to get. So for myself, I am convinced that if we - if it's within our discretion to deny this, even though the appellant and the appellee have come in with a settlement, I would = vote to deny the special use exception. = Commissioner Dawkins: Mr. Mayor, after hearing your eloquent speech, there's a possibility that this could be a tie vote, and there's a possibility that it would not be. I move that this be heard - I hate to have a delay at the next Commission meeting with a full Commission, with Commissioner Plummer sitting here, and we make the decision. Mayor Suarez: It would close the public hearing, but allow for a full Commission to vote on the item and to discuss it among ourselves in public as the law requires us to do. Any comments on that? Any second of that motion? Commissioner Alonso: Yes, I second. Mayor Suarez: Second that motion for all the reasons stated. Any discussion on the motion? If not, please call the roll. It would be continued until the 15th for final decision. Commissioner Dawkins: Yes. The public hearing is closed. Just for the Commissioners to vote on it. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 93-209 A MOTION TO CLOSE THE PUBLIC HEARING ON CONSIDERATION OF AGENDA ITEM PZ-4 (PROPOSED RESOLUTION TO APPEAL ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION TO PERMIT A JOINT PARKING FACILITY AT THE CORNER OF U.S.-1 AND S.W. 27TH AVENUE); FURTHER CONTINUING SAID ITEM TO THE APRIL 15, 1993 MEETING IN ORDER THAT IT MAY BE CONSIDERED BY THE FULL COMMISSION. Upon being seconded by Commissioner Alonso, the motion was 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. Mayor Suarez: I guess so in the interest of consensus building here. 205 March 25, 1993 .73 . (Continued) DISCUSS AT A PUBLIC HEARING AND CONTINUE (TO APRIL 1ETH MEETING) APPEAL OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD TO PERMIT A GASOLINE STATION AT CORNER OF U.S.1 AND S.W. 27 AVENUE. (Applicant: Resolution Trust Corp. Appellant(s): J. Confalone, N. Grove & C. Grove Sta. Apts.) (See label 28) Ms. Lourdes Slazyk: PZ-5 is a companion item. It is a second exception. Mayor Suarez: OK. Entertain the same motion on PZ-5. Commissioner Alonso: Move it. Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who mooed its adoption:: MOTION NO. 93-210 A MOTION TO CLOSE THE PUBLIC HEARING ON CONSIDERATION OF AGENDA ITEM PZ-5 (PROPOSED RESOLUTION TO APPEAL — ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION TO PERMIT = A GASOLINE STATION AT THE CORNER OF U.S.-1 AND S.W. 27TH AVENUE); FURTHER CONTINUING SAID ITEM TO THE APRIL 15, 1993 MEETING IN ORDER THAT IT MAY BE =_ -= CONSIDERED BY THE FULL COMMISSION. _ Upon being seconded by Commissioner Dawkins, the motion was 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. Plumper, Jr. 206 March 25, 1993 -77777. -------------------------------------------------------------------- 34. SECOND READING ORDINANCE: AMEND 11000 TEXT (ARTICLES 6 AND 25) -- ADD PROVISIONS REGARDING: (a) FLOOR AREA CALCULATIONS TO BE USED FOR PARKING REQUIREMENTS, AND (b) A PROCEDURE TO PERMIT PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING -- IN SD-2 AND SD-17 COCONUT GROVE DISTRICTS. (Applicant: Planning, Building E Zoning Dept.) Mayor Suarez: PZ-6. We're going to try to move through these quickly and get to the item that was specially scheduled for 6 p.m. Do we have a lot of people here on the moratorium item scheduled for 6 p.m.? If so, would you raise your hand. It's basically Jack King and Mary Weber. All right. We do have a few people. Hope springs eternal. PZ-6 moved. Is there anyone here 1n opposition to PZ-6? Unidentified Speaker: Which one is PZ-6? Commissioner Alonso: The SD-2 and SD-17... Mr. Sergio Rodriguez (Asst. City Manager): PZ-6 is the Coconut Grove parking. Mr. Clark Cook: Mr. Mayor, I'd like to be... Mayor Suarez: Oh, I'm sorry. Wise guy. PZ-6. Coconut Grove parking scheme. Counselor, do we need to swear in people? Do we need to swear in people? Somebody tell me. I shouldn't have to do all the work up here. Mr. Rodriguez: Yes. Mayor Suarez: Anyone who is going to testify on PZ-6, please stand up and raise your hand and be sworn in, if you haven't been already. Mr. Rodriguez: Mr. Mayor, this relates to 6, 7 and 8, so when you... Mayor Suarez: All right. 6, 7, or 8, any of those three items which are all having to do with an ordinance for parking in Coconut Grove. Please be sworn in. We've got all the rabble rousers back there which are including Mary Weber, which are - well, you've been sworn in already and Steve Helfman over here. Anyone else? Mary, you've been sowrn in. Swear them in. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: OK. PZ-6, 7 and 8 are essentially the same items that have been discussed, I think this is the third try at... Mr. Rodriguez: This is the third time. Last time... F Mayor Suarez: Did we pass it on first reading or not? Mr. Rodriguez: ... you passed it on first reading and last time you asked us to have the Department Off -Street Parking to present to you possible sites and 207 March 25, 1993 whether the financing for the proposal of the parking would be feasible. And you have here Mr. Clark Cook I believe that can address the situation... Commissioner Dawkins: Oh, this is the one where you pay $11,000 or $10,000 for a parking spot that does not exist? Mr. Rodriguez: That's where you pay $10,000, to create a fund. Mayor Suarez: To build up a kitty for... Commissioner Dawkins: Thank you. I just wanted to make sure. Mayor Suarez: OK. Clark, ladies and gentlemen, the basic concern of this - Commission is that even if everything else that we've been told about this made sense, and of course, so far we have approved it on first reading so it must make some sense, that there would be a time tag and a credibility gap between all of the purposes of the ordinance and all the money that was supposed to go into this kitty as now intimated by Commissioner Dawkins in the actual building of any parking which is the relief that we're all seeking here. So that's hopefully what Clark is going to tell us about. How would this actually come to pass, how would 1t actually come to pass that some _ parking would be built if we did all this and when? "Cuando?" Mr. Cook: Mr. Mayor and Commission, my name is Clark Cook. I'm the executive director of Miami Parking System. Last Commission meeting you requested that =_ we provide you all with some ideas of some locations of possible garages. We received a number of phone calls and did a number of research. We identified six possible locations, which I show on this map here. One being the rear of the Coconut Grove Bank; one being the Farm Store facility across the street; one being the post office facility; one being the vacant land next to the Coconut Grove Theater - and I left one off; I'll have to look - and the property, two pieces of property on McFarland. We did an analysis, economic analysis. As I stated last time, that in my opinion, none of the garages, none of those pieces of property, if you had to purchase the land, and even in = some cases, if you didn't have to purchase the land - would generate enough income in order to offset the debt service. In other words, there would be a = deficit in that area. We ran an analysis on one just for an example, and we came up with a deficit between $200,000 and $300,000. Commissioner Dawkins: Which one was that? Mr. Cook: We just picked one at random and it just happened to be the Farm Store, and because we knew what the price of the land was. Commissioner Dawkins: Thank you, sir. Mr. Cook: Commissioner, we have ran an analysis by a professional consultant on the Coconut Grove Playhouse, and it generated without land cost about $100,000 a year deficit. So when you start looking at those deficits, it really tells you that no garage is going to be built in the Grove, as a simple garage by itself unless you have some way to offset that deficit. You just can't build a garage and lose $100,000 for 30 years a year. It just - it just won't - would not occur. The ordinance that has been proposed would put together, and if you look at the number of parking spaces that ordinance 208 March 25, 1993 identified, I think, which was a thousand, and you look at the fact that 70 percent of that money would go to create hard spaces. In other words, you could not spend it for anything but parking spaces, 70 percent of that money, would generate I estimate somewhere around $300,000 a year. And what would happen, and the Mayor is absolutely correct, and Commissioner Plummer was absolutely correct. He said you'd go two or three years before anything happened, because you'd have to let some of that money build up... Mayor Suarez: And Dawkins, and Alonso, and De Yurre. Mr. Cook: Everybody, that's correct. And Commissioner Alonso and Commissioner Dawkins also stated that. You're absolutely correct. Commissioner Dawkins: I'm sorry, his contract's coming up soon. Mr. Cook: Yeah, that's very true, very true. But that's basically where we are at. Any garage constructed in that area would have a deficit, in our opinion. Mayor Suarez: All right. Mr. Cook: And that deficit would depend on absolutely the cost of the land, the cost of construction. Commissioner Dawkins: Mr. Clark, you've said all of that. What in your professional estimate would be the earliest time that you could build a garage from the ground? Mr. Cook: I don't believe you could break ground - it would - first, you'd have to have the ordinance passed. You'd have to collect the money. In my opinion, three years. Commissioner Dawkins: Beg your pardon? Mr. Cook: Three years. Commissioner Dawkins: Three years. Mr. Cook: Before you could break ground. Commissioner Dawkins: Three years. What is the estimate... Mr. Cook: Two and a half to three. Commissioner Dawkins: ... of a surface - having surface parking available? Just an estimate. I'm just asking for estimates now. Mr. Cook: You could do that in six months to a year, if you found a... Commissioner Dawkins: Six... _y Mr. Cook: ... facility - found a lot that you could... 209 March 25, 1993 F go s 1'. Commissioner• Dawkins: All right, let me go back then. In order to find a facility and have a surface lot ready, what would you estimate it would take? Mr. Cook: It would take over a year to... Commissioner Dawkins: OK. Mr. Cook: ... a year and a half,. Commissioner Dawkins: OK. Thank you, sir. Vice Mayor Oe Yurre: I'm at a loss here right now. First of all, Clark, these properties that you have identified, aside from the Coconut Grove Playhouse, are these sites that the owners are willing to sell for a price that you have more or less gotten? Mr. Cook: The owners are willing to sell. What price they're willing to sell for, in some cases, you have ideas. We did not probe and try to get to the lowest price. We just obtained some prices from them. Obviously, if you were going to purchase them, if you had the money to purchase them, you would negotiate as low a price as you could. Vice Mayor De Yurre: OK. But the numbers that you ran, the analysis that you ran was based on a figure that must have come... Mr. Cook: A figure that we got from some - that happened to be on a piece of property. It was advertised at that price. We did not spend a lot of time trying to drive that price down. Vice Mayor De Yurre: OK. Now, so you're telling me then that these are properties that, upon agreeing on a price, are readily available to build a parking garage? Mr. Cook: An indication that I've had. We're either received phone calls on these properties, or gone out and taken a look. Coconut Grove Bank Building, we did not call anybody, but we know the property is vacant and that it's available. I believe if you had enough money, you could buy those properties, yes, sir. Vice Mayor De Yurre: OK. Now, because what's throwing me off is this three- year figure that you posed right now. Mr. Cook: Well, you've got to accumulate some of the money comming in. Vice Mayor De Yurre: But, no, no, no. You and I have been speaking on this matter, and my understanding has been that money to purchase and construct is readily available. You have the means to obtain that. Mr. Cook: We have the bonding capacity to build a garage. Vice Mayor De Yurre: OK. Mr. Cook: But before I would float those bonds to build that garage, I would want to be sure that money was there to offset the deficit. It would take - 210 March 25, 1993 Vice Mayor De Yurre: OK. Now, the reason, and again, my understanding of this whole concept is that the main reason that we would go to the restaurant businesses, retail, whoever would have to buy or pay into, for example, the $40 a month for space, would be to offset any deficit, any cash flow deficit. Mr. Cook: That's correct. Vice Mayor De Yurre: OK. It would seem to me that that would happen once the garage is built, that you start having a cash flow deficit. Mr. Cook: That's correct. Vice Mayor De Yurre: So I don't see where we have to wait one day for money to set in when once they commit, once we get them in writing with a covenant and whatever else we need from the City Attorney's Office and the Administration that will guarantee that that money will be there, why you should not start tomorrow, if we were to decide this tonight, from going ahead and acquiring a space and building it. Mr. Cook: Yaromir is agreeing with you, but I think our Board is - I think my Parking System Board is a very conservative Board. I think we'd like to see a few dollars come in, that everything was set, and that the amount of money we've estimated would be the amount of money that came in. You asked me for - an estimate, for a number years, on a garage, and that's a guesstimate on my part. Two years might well be the time. We're not going to hold someone... Vice Mayor De Yurre: Yaromir, sit down, "bro," sit down. Mr. Cook: We're not going to hold anybody - we're not going to be unreasonable about it. We've got to be sure that any project we build, that the funds are there to carry the deficit. Vice Mayor De Yurre: OK. Now, weren't we talking that there were approximately 700 spaces needed presently so that everybody could come in compliance? Isn't that the number that we've been talking about here? And we came up 700 times 40 per month, 650. So we're talking about $340,000, approximately, right there, that are available. You know, I don't think that there should be - if there's a problem with off street parking, trying to be overly cautious with this, since we would be the ones collecting this money, and I think that we'd be making pretty sure that we would collect this money, you know, I don't see where the City can, you know, come to an understanding, saying if you're talking about, once you make your numbers there's a $100,000 shortfall that we'll make it up. Because we'll make up the hundred and we'll have another $240,000 or $250,000 that we can use either into our general revenue, or if we decide to apply it towards this. I mean, like, I don't see really an obstacle in moving ahead and doing something here right away. That's why this three-year figure has thrown me off totally from what - from what I think reality is all about. Commissioner Dawkins: Mr. Clark, before you answer the Commissioner... 211 March 25, 1993 Mr. Cook: Yes, sir. Commissioner Dawkins: What was the cost of the property that you saw listed, the total cost for the property? Vice Mayor De Yurre: Of which one? The one they did the analysis on? Commissioner Dawkins: He said he only got it on one, Mr. Vice Mayor. Mr. Cook: 1 think it was $1.9 million. Commissioner Dawkins: $1.9 million. And to construct the garage is estimated at what? And all of this is estimation. Mr. Cook: We calculate it at $10,000 a space times the number of spaces that would be in the garage. Commissioner Dawkins: So - so, please, 700 spaces times whatever it is a space equals how much, Mr. Clark? Vice Mayor De Yurre: Well, $7,000,000. Mr. Cook: $7,000,000. Commissioner Dawkins: $7,000,000? Vice Mayor De Yurre: Yeah. Well we... Commissioner Dawkins: So $7,000,000 plus $1,000,000 or whatever for the property is $8,000,000. Mr. Cook: Somewhere in that neighborhood. Commissioner Dawkins: OK. So therefore, and the debt service on $8,000,000 is what? Mr. Cook: It would be about - we calculated six percent, 30-year bonds, somewhere, the debt service would be somewhere over, a tittle over half a million dollars to $600,000 a year. Vice Mayor De Yurre: Miller, what you have to understand is at no point in time have we ever considered putting 700 spaces on one piece of property. So... Mr. Cook: No, of course not. The spots would be 400 or 300 or 200, depending... Vice Mayor De Yurre: OK. 300 So - and we would still be collecting the $40. That 340,000 figure or whatever it is still going to be collected, whether we build a 200 parking car garage or a 400, or a seven, or two or three adding up to the 700. Mr. Cook. Absolutely. 212 March 25, 1993 Vice Mayor Doe Yurre: So the money is going to be there. So... Mayor Suarez: Well, we divide it among the five Commissioners. That will work out real well. Vice Mayor De Yurre: Cash flow is not a problem, based from what we're talking about right here. Commissioner Dawkins: Well, the piece of property you're going to pay a million dollars for, how many spots, how many parking spaces did you plan to put on it? Mr. Cook: It was a million -nine. We rounded... Commissioner Dawkins: 2,000,000. Mr. Cook: Yeah, right at 2,000,000. It was a million -nine. And we looked at putting a 600 parking car garage. It's probably too small. This would probably be closer to 500. Vice Mayor De Yurre: So 500 right there. So you're talking about $5,000,000, $7,000,000? Mr. Cook: Yeah I - yeah. Commissioner, I - don't - if I may be so bold. I don't mean to confuse the issue here. I think that - that we are conservative, and I would want to be conservative to be sure the project...the minute the project makes economic sense, we would be glad, the Miami Parking System would be glad to move forward. I don't think you would want us, or anyone would want us to jump out there if it didn't make economic sense. Vice Mayor De Yurre: Yeah, but what I want to hear from you is, "A," we're excited about this, we want to make it happen, and we're going to get things rolling, you know. All this, you know, economics - we could sit here for another 20 years and we still haven't added one more parking space into the area. And the people here, they say they want parking. The business community wants parking. The restaurants want parking. We want parking, and I just get the sense that the only ones that don't want parking are the ones who are supposed to be providing parking, which is the Off Street Parking Authority. Mr. Cook: Well, that's not true. Vice Mayor De Yurre; Well, that's - I don't know... Mr. Cook: We want parking as much as anybody. We work very hard to do that. We tried to put a situation together. Coconut Grove is a very complicated area, as you gentlemen - ladies and gentleman know, much better than I do, and I - I'm not trying to be negative. I'm trying to be very positive on this thing. 1 think the ordinance has some possibilities. I think if this type of ordinance had been passed before, it's the decision for you all to make. If that decision is made to do it, we'll work as hard as we can to live up to that ordinance, and we will move as quickly as we can. We will not do anything that isn't a prudent decision. I don't think you would want me to do that. 213 March 25, 1993 Mr. Cook: That's an estimate. Maybe it's two years but... Vice Mayor De Yurre: No, it should be... Mr. Cook: ... rather than nail my shoes to the floor, I'd rather gay that when it made economic sense, I would do it and I think that's what you would tell me to do, would want me to do. Vice Mayor De Yurre: I... Commissioner Alonso: Why didn't you mention this before? The three years, this is the first time I hear you say in three years. You didn't last time. Mr. Cook: Commissioner, it could be - it could be two or three years, depending on how the funds came in. Commissioner Alonso: Maybe if we stay here for a while, you'll got down to one year. Mr. Cook: No, I think I'll quit white - I'll stop there. But it would take some time to see the - it takes time to build a garage, and acquire the property, and make the decision to do that. You just don't do that overnight. And it would - I believe it would be two to three years before you could build a garage. Even if you're drawing in $300,000 a year, the money... Vice Mayor De Yurre: To finish it. You're talking about finishing the garage in two years? Mr. Cook: To finish it. To finish the garage... Commissioner Alonso: Two years. Mr. Cook: No, no, I didn't say two years to finish it. Commissioner Alonso: Is it two or three? Vice Mayor De Yurre: Well, I thought you said two or three. Mr. Cook: I said maybe I could start in two years. But it would be two to three years before you could complete the garage. Vice Mayor De Yurre: OK. But one thing for me that's totally unacceptable is that we have to wait for the money to start coming in, so you guys would start considering building something. I can't deal with that concept. OK? If there's an understanding that we're going to start charging $40 per space and there's 650 spaces are needed out there, you multiply that out. That automatically, in order for these individuals to comply and their business to comply, that money has to be in, or they don't operate, I think we got a pretty sure bet that that money is going to be coming in. So I don't see why we have to wait a year, or 18 months, or two years to see a cash flow or a 214 March 25, 1993 11 0 stream of income from that. I think that it's pretty much dead set that it`s going to happen. Mayor Suarez: Well, it would be very similar to the streams of revenues that we have otherwise pledged to issue bonds from Bayside, et cetera, Clark, and pretty much assured. I don't see the big problem there. By the way, I had said previously that the item before us was the one sequentially, the next one we're going to get to, but actually, it is related to the moratorium which was scheduled at 6:00 p.m. I wouldn't want people to think that they are in any way precluded as we discuss this parking ordinance from suggesting that we should slow down, stop, whatever we want to do with commercial development in that area. It may be that the Commission feels, as I heard some of my colleagues say in the two hearings that we've had on this issue, that maybe what we should be doing is considering more Draconian ways of dealing with the problem of excessive parking, and traffic, and all of these other situations that we have in the commercial areas of Coconut Grove, and don't hesitate to get into that. And the item is not being postponed then, because I think it could be taken together. In fact, I think they're integrally rrelated, or am I wrong in that? I think they are. All right. Clark, anything further from you? Any questions of... Mr. Cook: No. I'll be glad to answer any questions. Mayor Suarez: OK. Back to the item at hand then, and the ordinances. We've approved them on first reading. We have an idea that they cover a multiplicity of hypotheticals that include the success story of an establishment. It simply attracted a lot more traffic than we expected, and therefore more cars, et cetera. The ones who initially started off as being, let's say take out, and ended up somehow illegally as full-fledged restaurants with tables, the ones that started as takeouts and took advantage of - legally advantage of the sidewalk cafe ordinance, creating a need for parking. The ones that had off -site parking approved by this Commission, maybe erroneously, in retrospect, and ended up in a situation where they are really violating the law, but might not know about it, might be doing so unintentionally, because there's a double dipping of the particular lot they're supposed to be using, because three or four other people are using it, or simply ceased to exist as a parking lot, because somebody decided to use it for something else. There's at least four hypotheticals there, and we're trying to deal with all of therm in a series of ordinances that would require everybody... Now, is this correct? Every single business establishment in the area affected has to contribute to this fund, or who exactly contributes? Mr, Rodriguez: Only those who have a shortage of parking. Mayor Suarez: And how do you define who has a shortage of parking to the ordinance? Mr. Rodriguez: Basically, the ones that you mentioned before. The ones that have been converting to another use... Mayor Suarez: Well, for example, Cocowalk. Does Cocowalk have a shortage of parking by that definition? 215 March 25, 1993 0 11 Mr. Rodriquez: Based on the information that I received from my staff - they're checking that again - the information that I have, they don't have a shortage, legal shortage of parking. Mayor Suarez: So it's those that we could say that technically, legally have a shortage, but that somehow, you're convincing this Commission that if they technically legally have a shortage, we should not simply close them down; that it makes more sense to start collecting, not back at the point at which they became somehow nonconforming, but beginning with sometime around now, so at least we create a kitty, so at least someday we may have parking? Mr. Rodriguez: And in addition to that, we are defining the area that will be considered as also including the sidewalk cafes so that... Mayor Suarez: That's not necessarily their fault, but we recognize that now that in retrospect, it may have been a good idea to require parking for sidewalk cafes, Mr. Rodriguez: In some cases it has been their fault and in some cases they have been... In the cases where they converted from a takeout restaurant and start serving themselves the food in the sidewalk cafes, they became legal itself. Mayor Suarez: I'm think of the very honorable friends from Sharkey's. I know they did everything under the taw, and yet, now you're saying that they would have to start contributing? Mr. Rodriguez: They will have to start contributing. Mayor Suarez: And as the argument was made before by one of the Sharkey's principals, that does not place them at some sort of a disadvantage, where they're being grouped together with entities, and restaurants, and facilities that that were not really 100 percent legal and kosher, and they're being grouped together with them. _ Mr. Rodriguez: But the argument that we are making is that they get a fee. They pay a fee every year in which they get a renewal of their permit. Every year is a new year. — Mayor Suarez: They have no vested rights to be sidewalr cafes for the rest of their life, so therefore, at any time that we wish to, we can... Mr. Rodriguez: And they created an impact...You know, looking down with hindsight, they created an impact on the parking situation. Mayor Suarez: Yeah. But it - but we admit that it's hindsight in their case. In the case of some of the other ones, they should have had the hindsight to act legally and not illegally. Mr. Rodriguez: Right. Mayor Suarez: Insight, hindsight, one of those. Commissioner Dawkins: What does that have to do with what we're doing? 216 March 25, 1993 s Mayor Suarez: That is a schedule presumably of what we think would be generated if this thing was passed in its entirety beginning... No? Mr. Joe McManus: Mr. Mayor, that is the summary of the schedule of fees that are collected currently by the sidewalk cafes, by the Department of Public Works. That was the status as of approximately January of this year. It gives you a general idea of the amounts of money that we are currently collecting. Mayor Suarez: Well, that's what we're currently collecting from sidewalk cafes. Mr. McManus: Currently collecting on the sidewalk cafes. And... Mayor Suarez: For the use of public right-of-way for commercial activities. Something very similar to what the Miami Herald does. They don't pay for it. Mr. Rodriguez: That this is doing is changing the fee from $20 a square foot and going up to $24.80 per square foot. Based on the calculations made by... Mayor Suarez: OK. So in the case of sidewalk cafes, we simply adjust the rates. Mr. Rodriguez: Right. From $20 to $24.80. Mayor Suarez: And is it in any way similar to the scheme that applies to the other restaurants? Mr. Rodriguez: The same scheme that applies to any other restaurant in the area. Mayor Suarez: Quantitatively, it's the same amount per square foot type thing? Mr. Rodriguez: $4.80 per square foot. Mayor Suarez: And you count square feet in the same way? Mr. Rodriguez: Yes, we do. Mayor Suarez: Am I preempting your inquiry? Commissioner Alonso: No, no, I ,just wanted to verify. All of the restaurants that appear here, with the exception of one, are located in Coconut Grove, right? Mr. Rodriguez: I cannot see from here. I'm sorry, I don't know what is = there. Commissioner Alonso: Yes? Mr. Rodriguez: They all should be in the Grove, right? 217 March 25, 1993 Commissioner Alonso: One is not located in Coconut Grove, but the rest are, right? Am I right? Commissioner Dawkins: El Pub. - Mayor Suarez: You've got just the one in Little Havana which 1s the only known one that's... Commissioner Alonso: But I believe all of the... Mayor Suarez: All the rest are in the Grove. Commissioner Alonso: The rest, Coconut Grove. Mr. Odio: Let me look at it, because I don't think that... Mr. Joe McManus: E1 Pub is in Little Havana. All the rest are in Coconut Grove. Mayor Suarez: They've got E1 Pub there, yeah. There is no Coconut Grove El Pub yet? Mr. McManus: No, not yet. Mayor Suarez: There's an idea. Al right. And what is this incredible mumbo-jumbo over here? Mr. McManus: What you have in the lower map, Mr. Mayor, is a series of restaurant locations that are currently in violation because they lack parking. Mayor Suarez: And currently in violation, in accordance with our existing code? Mr. McManus: Yes. Mayor Suarez: And once again, your recommendation is that instead of closing .- them down and letting them come up with some way of conforming, that we simply begin to apply a fee prospectively to create a fund to ultimately build enough - parking? Mr. McManus: Yes, sir. Mayor Suarez: Is there going to be a countering argument from anyone in the council or the Grove, or anywhere else, that we should take a more tougher approach on that? Do you want to make that at this point, or do you not make that argument? Yes, sir, why don't you come up to the microphone. Mr. Carl de Vries: Mr. Mayor, my name is Carl de Vries. I live in Camp Biscayne. The thing what I don't understand with this... Mayor Suarez: You live where, sir? 218 March 25, 1993 �4 Mr. de Vries: Camp Biscayne. 505 Main Highway. ghat I don't understand is that there's 650 parking spaces that are missing in the Grove. Now come your Planning Department has issued permits for these people to operate? 650 times they made the same mistake. You should fire these people, because they're not - doing their job. Mayor Suarez: That would save a lot of money. Mr. de Vries: Well... Mayor Suarez: Here's the thing, is there's many different situations. There's some in which the person has been granted off side parking by us, approved it, and then it turns out that three or four other people were using the same off side parking. They're the total illegals, who started off being discount stores, and ended up being restaurants. And there's a good argument you can make that we should simply stop those, and it's a code enforcement issue. It's not really the fault necessarily of the planners or the zoning people. And then there's some that simply took advantage of laws that we passed, frankly, when we were hoping to bring the Grove back to life with sidewalk cafes, and we never thought it would come back quite to this kind of teeming life, and they've not done anything illegal. But there are not 650. I don't think that the illegal ones create a 650 parking space deficit. Do they, Clark, or anyone? The illegal ones don't create anywhere near that, I don't think. I think... Commissioner Dawkins: Mr. Mayor, let me see if I can answer the gentleman's question. Sir, when I first came on this Commission, Mr. Ted Stahl and others told us that places like the Fudruckers did not have adequate parking. But in an effort to get development in the area, this Commission - it was not staff, it was this Commission - gave the variances and everything that was needed to overlook the fact that they did not have the parking, and let them build. And once we did it with Fudruckers, we did it with others on Commodore. Mr. Ted Stahl was down here jumping up and down and screaming that this was going to come about, and we still allowed Fudruckers and other places, even on Commodore, to build without adequate parking. And then it sort of snowballed and then - and that's how it happened. Mr. de Vries: Well, the way I look at it, you sold your soul to the devil, you know. Mayor Suarez: And Mary and then the gentleman with the most spectacular attire that we've seen today. Ms. Mary Weber: I might just say, as I've said to you before, this is the best solution that we've all come up with. Mayor Suarez: Are you speaking on behalf of yourself, or also on behalf of the Council? Ms. Weber: No. I'm speaking on behalf of the Village Council. As we also stated before, it's not perfect, and not everybody is 100 percent satisfied with this. But all of these agencies that have come together for the first time and worked so hard and so long on this project - it actually began about two and a half years ago - have agreed to these - to this agreement. And the 219 March 25, 1993 only other,.. And so I would ask you that if you have a better solution, please offer it to us. And if you don't, and I don't hear anybody else coming up with one, please pass the ordinance. The only other stipulation - a little side issue I'd like to point out, is that I believe that the feeder, Coconut f f th Grove Feeder Parking Lot is not an acceptable alternative or one o e spots. Thank you. Mayor Suarez: You want to address the whole issue of a moratorium at this point? Ms. Weber: Well, we could. Mayor Suarez: Or is that not your thing? I mean, I don't want to press an issue on you. Ms. Weber: Well we could. You know, it kind of satellites into many different issues. I mean, it - you know, this... Mayor Suarez: Was that ever taken up by the Council as a possibility? Ms. Weber: The moratorium? Mayor Suarez: Yeah. Ms. Weber: Yes. That is why it is scheduled. We are scheduled here to discuss that as an issue, in conjunction with a proposed planning study that hopefully, we would enter into with the City. Mayor Suarez: And what would be the approach? Should we still pass this and still do a planning study? Should we try to impose as quickly as we think is feasible and write an ethical, et cetera, legal and moratorium or what? Do you have any recommendation at all? Because apparently, the gentleman behind you has definite recommendations. Ms. Weber: We desperately need the planning study in Coconut Grove. Commissioner Dawkins: Mr. Mayor, I agree with her, and I think that the City of Miami should join with them and we should apply to FEMA (Federal Emergency Management Agency) for planning fees or funds, because what we're talking about is Andrew -related. We're talking about redevelopment in the Grove, and FEMA has funds available for this, and therefore, I would suggest that the = Administration join forces with the Council and apply for FEMA funds in order to develop this study group and go about and do a first class planning rezoning. And the reason I say that is we need money to hire a professional. We do not need staff rehashing the same plan that they've already done. Ms. Weber: Thank you, Mr. Dawkins. It's our understanding of this issue, if _ you will, per our discussions, our votes, et cetera, and our opinion on this, how this planning study would take place that, for one thing, for example, we would like to have the City give us the money for the study. We understand, M according to the experts, some of them are City staff, that a planning study such as this costs somewhere between $80,000 and $100,000. It's our opinion and our desire that we be in control of that money so that we can, in fact, hire these outside professionals; the planners, and the consultants, and/or 220 March 25, 1993 architects, as necessary to help us with this. It would be our hope that we would conduct this with you over a 12-month period of time. And at the same time, that we would enter into a moratorium on construction throughout the commercial center - actually, throughout all of Coconut Grove, all commercial construction. Now, if you want to get into that discussion, I'm happy to do that at this time. Mayor Suarez: If you've taken a position and if you've thought about it. I mean, I don't want to force you into anything. Mr. Weber: No, no. What I would like to say that I think would put it in a nutshell as far as your direct question regarding this is, if you don't want to go for the moratorium, I am asking you to pass this ordinance as it stands. If you are willing to entertain the moratorium, and we can discuss it further, if you would like, I would ask you to hold off on this ordinance. And in addition to that, I do not want these illegal restaurants and any and all other uses that are illegal at this time to be - to come into compliance by some - the waving of a magic wand by you. I want those to be held out, kept illegal until we come back and make them legal by building the parking garages, or coming to whatever agreement. Mayor Suarez: All right. I think we understand your position then. Commissioner Dawkins, you were going to ask something, and then.. Commissioner Dawkins: I was going to ask her, what if I was in favor of neither one? Let her go out, she's gone. And Mr. Mayor, this has been passed, and we've been batting this around for almost an hour. It was passed unanimously. I mean, I really don't see, unless someone plans a change of mind up here, why we should continue, and I would be in favor of closing discussion and voting. Mayor Suarez: All right, sir. Commissioner Dawkins: finless the gentleman... Mayor Suarez: Yeah. We just have to complete the testimony of any and all interested parties, but keep it short. I mean, a lot has been said and repeated on this. Mr. Steiner, do you want to say something, and then Cocowalk Number 2. Mr. Yaromir Steiner: Yes. 2901 South Bayshore Drive. Again, speaking for the Chamber of Commerce, we are totally in favor of the zoning ordinance. We believe that you should pass it so we can address this parking problem. That's a good example of a cooperative work in the Grove between the residents and the business community to solve the problem. We had all to give to get that. That's one thing we'd like to say, we totally support the position of -- Vice Mayor De Yurre. He's right. We believe that with the excellent work the staff has done, we know exactly who is in violation. Within three months we -- should be able to know what kind of flow of funds is going to come into that fund, and the City should direct off street parking to purchase the land within six months and start construction within nine months. There is no reason not to start construction within 12 months from the passation of this ordinance. Thank you. 221 March 25, 1993 Mayor Suarez: All right. Ms. Weber: I'm sorry. If I may, I would like to point out a clarification, and that is that the Village Council did vote for the planning study. The Village Council did vote for the moratorium. Mr. John Riordan: My name is John Riordan. I'm a landscape architect. I've been a resident of the Grove area for 30 years. Mayor Suarez: Where - what address can we use for you? Mr. Riordan: 3141 McDonald Street. Matter of fact, I was involved in the initial picking of the street on Commodore Plaza. What's been happening in the Grove, this disaster did not just happen because of Andrew. You know, this has been going on for a long time, as you people were not aware, and you've said before, you know, that you were surprised to find that all this illegal action had been going on. We knew about it. We've been complaining about it. I like the idea of the garage, I certainly approve of the moratorium. I think you need professional and outside help in getting this problem solved. The Coconut Grove - Cocowalk Garage Number 2 is a good example of what's going to happen in the future. You get a so-called solution with the proper amount, and then you start making the changes. Cocowalk ended up 300 spaces short from their original approval, and had to go and rent parking from the Coconut Grove Bank. They changed the use of the building from what was originally intended, and what the parking was designed for. You keep having that happen. You know, if you're going to do it, do it. There's a Yiddish proverb that when you... A young man kills his parents to gain the insurance, and when he's caught, he begs for mercy because his's an orphan. That's what the business people are doing now. Thank you. Ms. Cynthia Shelley: As Vice President Grove Park Homeowners, Association, Cynthia Shelley, Coconut Grove, Washington Street. 1 voted with - as a resident and Vice President of the Homeowners Association to support the moratorium, and our Homeowners Association does as well. Mayor Suarez: Question for you. Ms. Shelley: Yes. Mayor Suarez: If you were sitting up here, would you vote today in favor of the second reading of this ordinance to at least begin to extract a certain contribution from all these people? If you haven't thought about it, think about it. Ms. Shelley: Yeah, I need to think about it. Mayor Suarez: I mean, I don't want to put you on the spot. Ms. Shelley: But... Yeah, I need to think about it. Mayor Suarez: Anyone else? Ms. Joyce Nelson: Joyce Nelson, 2535 Managua. The Village Council voted in favor of the moratorium for 12 months, with the parking - I mean the planning 222 March 25, 1993 study. It was a momentous occasion for us. We really need it, as you have expressed, and we thank you for feeling in favor of that. I don't think this is an either/or situation. We need both. We need to have this parking ordinance to proceed. They cannot build a parking garage overnight. As he just said, it's going to take several years. We can begin collecting the money, and we can do the planning study and decide what needs to be done with the Grove, and we can use the money for... Mayor Suarez: Are you concerned 1n any way that by passing it, we're almost legalizing or accepting some who were acting in a nonconforming illegal way up to now? Ms. Nelson: I'm not an attorney. Mayor Suarez: I don't know the answer to that either. So what the hell am I asking you? You know. Ms. Nelson: We need a lot of things in Coconut Grove. We need no more commercial construction until we get a handle on what's going on. Mayor Suarez: I gather you would be less concerned if you knew that at least we're not going to have more additional commercial.., Ms. Nelson: Exactly. We need... Mayor Suarez: Expansion. Ms. Nelson: We need to decide what's going on. Mayor Suarez: How - if we were inclined to go that route today, or soon, how would we give legal form to it? Mr. Joel Maxwell (Asst. City Attorney): Are you speaking of the moratorium, Mr. Mayor? Mayor Suarez: Oh, yes, I am. Mr. Maxwell: Moratoriums, under law, have to be adopted with all the procedural requirements of the zoning ordinance. The adoption of any other ordinance under 166. You would - what you would do, first of all, is a separate vote totally apart from this, and you would instruct the Planning Department to initiate studies to bring the question of a moratorium through the rezoning process that would go through the Planning Advisory Board, then would have to come to this Commission. You would act on it as you would any other rezoning ordinance, and you would have to have of course, testimony and evidence to support the ordinance - the ordinance of moratorium. Mayor Suarez: We cannot act on the intuitive knowledge that we have and the experiential knowledge that we have, the information that we have of trying to drive through there, or park there, or live there, and... Mr. Maxwell: I would recommend very strongly against that. 223 March 25. 1993 Mayor Suarez: of an area? ... conclude that there's an incredible overcommercialization Mr. Maxwell: That would not be the correct way to do it, sir. Mayor Suarez: That would not be? Now, see, he's just saying, no, plain old no, and you're saying that's not a correct way to do it. Mr. Maxwell: No, no. I'm saying I would strongly - that you do it ,gust like you will an ordinance. Vice Mayor De Yurre: How soon do you think we'd get sued after using that procedure? Mr. Maxwell: You adopt a moratorium just as you would an ordinance. That's the only way you can do it under law. A zoning ordinance. Mayor Suarez: All right. Does that really seriously require the expenditure of the kinds of monies we're talking about? I mean, don't we have all these fine professionals? With the help of all these Coconut Grove activists and lawyers, and Village Council types, et cetera? Mr. Rodriguez: I don't know exactly what Joel is saying about all the findings that we have to make. I think that we could do it at the Planning Department. We are short on staff, but I think we can do - professionally, we are capable of handling it. As to capacity of being able to do it... Commissioner Dawkins: Handling what? Mr. Rodriguez: The planning studies necessary to justify the moratorium. Commissioner Dawkins: You know, now, me, personally, this is me. I could live with that, if I didn't send people over there and have to tell you, tell them how to do it, how not to do it, OK? And that has been my problem. Every time I send somebody over there for you to help, you tell them they can't do it, instead of telling them how to do it. And I personally would rather see them hire their own professionals, and let the professional come and argue with you about how to do it and how not to do it. Mr. Maxwell: There's nothing wrong with that, Commissioner, if you want to do that, because your decision has to be, as we've said before, based on competent and substantial evidence. So regardless of where the testimony comes from, if it's competent testimony, and you adopt that testimony as part of the record, that's fine. Mayor Suarez: Mr. Rodriguez, without going too much into detail, what are your professional credentials? Mr. Rodriguez: My professional credentials. I have been working in planning for the last 30 years or so. I have a Bachelor's degree in architecture, a Master's degree in City original planning. I am a member of the American Institute of Certified Planners. I'm in the Board of Directors of the American Planning Association, a national organization. They have 28,000 planners. And I'm a member of the Planning Accreditation Board that accredits all universities that give degrees in planning in the United States. 224 March 25, 1993 Mr. Rodriguez: I was the chief planner of the Maryland National Capital Park and Planning Commission, and before that, I was senior I was urban design coordinator, and a senior urban designer in the same place, where I worked for about 12 years. Commissioner Dawkins: And do you think, sir, that the manager would allow you to work on this project full-time, with all that expertise that you have? Mr. Rodriguez: No. Commissioner Dawkins: OK, thank you. Mayor Suarez: All right. Anything further? Mr. Rodriguez: I don't know about him. I tell you, no. Mayor Suarez: Certainly you can supervise people, I think we've established that. All right. Anything further, folks, before we vote on this? Quickly, sir? Mr. Ron Nelson: Yes. Ron Nelson, 2535 Managua. Yes, I think you should vote for this. Yes, I agree with the moratorium. I do have one thing, just - I've read this parking ordinance, I guess you're callings it. I am not an attorney, of course I have - there are a few restaurants I do hold a little problem with, some that are currently in violation because of clearly misleading what they were going to do. I mean,, there are some places, as we used Sharkey's, for example, that it is a sidewalk cafe, has no parking, who will now be required to have parking, and I think they should. But there are a few restaurants that did come in open as a takeout and are clearly not a takeout, and they've clearly been in violation, and I don't know if they should be grandfathered in. You know what - I mean, there's guys that you know snuck in, and there's guys that their parking lot was sold. They had parking, but that property was sold, and something was built on it. They always leased parking space. Those guys, I understand. That happens. I mean, I know Cafe Europa had parking where Fudruckers is, but then Fudruckers bought the property, built it, and wouldn't lease them any parking. He needs parking. That type of thing, you can understand. It's a real hardship, but there's people that just kind of snuck in, and now they're going to benefit by this, and that, I have a little problem with. But if I have to let those guys go in order to get the problem solved... Mayor Suarez: Very good. Mr. Nelson: ... I would. Mayor Suarez: That's one of the more rational discussions in this whole issue that I've heard in a while. Mr. Nelson: Thank you. 225 March 25, 1993 Ms. Denise Wallace: Good evening. Denise Wallace. I'm a member of the Village Council. I'm here speaking as a representative for these that live in my district. I urge you to support this ordinance, and also our efforts to create a moratorium. Speaking of the ordinance, however, many residents in my district have two concerns about two particular sites that they feel are totally unacceptable for any parking ordinance - a garage. Specifically, the Coconut Grove Parking Lot Theater, and any site that would be bordered on McDonald and Florida Avenue. Mayor Suarez: You might want to get all of that input directly to the Off Street Parking Authority, so that it doesn't begin to be thrown around as the sites don't begin to be thrown around as potential sites if you don't think they're desirable. And the Council might want to do that directly. You're not prevented, I don't by law, from directly accessing their Board and giving them that input. Ms. Wallace: Right. That's why I'd like to make this part of the record. Thank you. Mayor Suarez: Very good. Thank you. Ms. Barbara Lange: My name is Barbara Lange. I live on 3495 Main Highway, and I'm against this ordinance, if the site is going to be the Coconut Grove Playhouse. Mayor Suarez: The same thing on that. I think we ought to just sort of be conveying that right straight to the playhouse - I mean to the Off Street Parking Board, through its executive director. He's nodding his head. I assume that that means that he formally will relay that to your Board? Mr. Cook: Absolutely. Mayor Suarez: All right. Ms. Priscilla Greenfield: Thank you, Mayor. Mayor Suarez: Very good. Ms. Greenfield: I agree, Abitare. . Mayor Suarez: Thank you. Wow, we need one of those every once in a while. Thank you, I agree. All right, folks. Oh, yes, Emilio. Mr. Emilio Calleja: Emilio Calleja, of Sharkey's. 3105 Commodore Plaza. We have been legal for six years. We are in complete agreement to pay our fair share to cover parking. But in the interest of fairness, I would like to make sure that all businesses in the Grove are included; not just restaurants. There's a lot of retail out there that may or may not comply, and also, I would like to see all of Cocowalk included. I'm being charged for being an outdoor restaurant. I want to make sure that the equation for Cocowalk includes all of their outdoor balconies, which cover a lot of ground, a lot of seating, and also brings in a lot of parking that I'm accused of causing a problem for. So when that equation is included, just don't say the building square feet, but also the tremendous amounts of outdoor restaurant space that they have there. 226 March 25, 1993 Mayor Suarez: nice terrace, requirements? Oh, what you're suggesting is that any time that anyone built a that somehow that square footage is not included in the parking Mr. Calieja: Well, I think there's a lot of balconies. Is it all Mr. Rodriguez: In this ordinance, we're including any area that any display area... included? is outside,_ Mayor Suarez: OK. Except that in this ordinance, you're only including restaurants and eateries, or you are including retail facilities of all sorts? Mr. Rodriguez: No. We're including retail facilities, too. _ Mr. Calleja: But I just heard that Cocowalk was under compliance. They may be. I - if all of their outdoor dining is also included, because that's what - this is all about. Thank you. Vice Mayor De Yurre: Let's talk about that a little bit. Are we including what about retail space? Mr. Rodriguez: We're including retail space. Vice Mayor De Yurre: That's included? Commissioner Alonso: Yes. Mr. Rodriguez: If they're not in compliance, yeah. Vice Mayor De Yurre: What about - what about ... Let's say, for example, let's take a look at Cocowalk. What, if any, are they going to have to pay extra? Mr. Rodriguez: Again, the information that I have from my staff was that they checked Cocowalk, and they were in legal compliance. I will have to look at the... Mayor Suarez: But you see the mental impediment for us? Please, they're in =_ legal compliance. They're going to be paying more. _ Mr. Rodriguez: Let me tell you. Mayor Suarez: Why is Cocowalk, just by virtue of being in legal compliance not somehow exempted from the operation of this, or the impact of this? _ Mr. Rodriguez: Because they received a variance before, and the variance gave them a waiver for so many parking spaces. That's what I'm giving the distinction of legal compliance. Vice Mayor De Yurre: OK. Why is Sharkey's now - why is Sharkey's paying now? Mayor Suarez: That's not really the answer. That's not really the answer, F — = but I don't want to interrupt you, Mr. Vice Mayor. — 227 March 25, 1993 Mr. Rodriguez: Who? Vice Mayor De Yurre: Sharkey's. Mr. Rodriguez: If they serve food in the sidewalk cafes... Vice Mayor De Yurre: Well, you know what they do. Are they legal or not? Mr. Rodriguez: We11, the - the answer is difficult to give you. Sometimes they are not legal one day, and they're legal the next day. Vice Mayor De Yurre: One day they're legal, and one day they're not legal. Mr. Rodriguez: Right. Mr. Caileja: I think we've always been legal. Mr. Rodriguez: Let me tell you why. There's... Mayor Suarez: Sir, we heard your testimony and that's - you know, that's really beyond intemperative to make a statement like that. We just went through his qualifications, and he's an eminent professional. He's done a hell of a job in this City. If you don't like that, you can elect a whole different set of Commissioners, and maybe we'll appoint a new manager, and the manager will have a new chief planning director. See, that's what I get for saying that. All right. But please, just do it on the mike, if you want to make a statements of that sort, you know. Mr. Rodriguez: The reason - that's part of the problem with the sidewalk cafes. Mayor Suarez: That's not answering our question. We have a mental block with the issue of why he's perfectly legal, at least when he's acting legally, when, you know, presumably he says he's acting legally, and yet, he's going to have to pay anther new ordinance, an additional fee, an incremental fee. Cocowalk, you're saying - you can't just say it's perfectly legal, therefore they're not going to have to pay in incremental fee. There's a difference, somehow. Mr. Rodriguez: Let me try to explain. Mayor Suarez: What is the difference? They're a sidewalk cafe and Cocowalk does not have technically any sidewalk cafes? Mr. Rodriguez: If the sidewalk cafe doesn't serve anybody - any other clients in the sidewalk, they are legal. Mayor Suarez: How can a sidewalk... Mr. Rodriguez: The moment they serve, they become illegal, because they become a restaurant. And that's part of the problem... 228 March 25, 1993 Mayor Suarez: Well, I know that, I know that. Commissioner Alonso: What's the point of having a sidewalk cafe if you don't have clients? Mayor Suarez: No, he means that they don't serve people inside the facility. Mr. Rodriguez: They don't serve them. They don't go and serve them at the sidewalk cafe. If they go and they buy... They originally, many of these places were, originally they were built as takeout only. Mayor Suarez: The reason is Cocowalk does not have sidewalk cafes. Now, what about the little outdoor deals that Cocowalk does have right next to restaurants? Are they counted just like a sidewalk cafe, even though they're... Commissioner Alonso: They have to be. Mr. Rodriguez: They should be counted, yes. Mayor Suarez: But there's no incremental fee for those? Even though Sharkey's will pay an incremental fee? Mr. Rodriguez: If they are... Mayor Suarez: Because presumably, those have been already counted for Cocowalk, and already enough parking has been provided, is what you're saying? Mr. Rodriguez: If they are short, based on the calculations that we have, F they will have to be counted. Any time there is a change of use that will create a need because of a retail going into a restaurant, there is a change of use, because the ratio for parking is different, and that's why the answer that I am giving you is caution. - Vice Mayor De Yurre: Sergio, I haven't understood a word you've said. Mr. Rodriguez: OK. Let me try again. Vice Mayor De Yurre: No, no. Listen, listen. All I've heard up to now is = that Sharkey's is legal, but they're going along with the program. Unidentified Speaker: No, that's not right. Mr. Rodriguez: Mm-hmm. Vice Mayor De Yurre: That's what I heard. Now you're telling me that they're not legal. Mr. Calleja: We've been legal for six years. I opened up when there were -_ ,= like three or four, and we sailed right through. We got all our permits every year. There's not been a problem with any City department. 229 March 25, 1993 - Mr, Rodriguez: OK. Going back to the issue of Sharkey's that you were asking. The !moment that Sharkey's start serving their clients in the =_ sidewalk, they are not a takeout restaurant anymore, and they become a restaurant, and they become illegal. Vice Mayor De Yurre: So then, you're telling me then, they've been illegal j— for six years? - Mr. Rodriguez: On and off, yeah. Vice Mayor De Yurre: On and off? What? When they're closed? They don't serve people, then they're legal? - Mr. Rodriguez: No, because sometimes they stop serving the clients outside. The moment they stop serving the clients, they are legal again. And that's the reason for... _ Vice Mayor De Yurre: Sergio, they're always serving them outside. let's get, you know, let's get with the program. Mr. Rodriguez: And that's the reason... Sometimes we give them citations, or sometimes the other reason why they become illegal is because they are leaving less than the six foot area for walking. So there are reasons why they become illegal. Vice Mayor De Yurre: OK. Now, what makes them illegal then is that they don't have a lease with some parking spaces to make them legal. Is that the - issue? Mr. Rodriguez: Right. If they were to have a lease or they were to have =- parking spaces somewhere else, or if the building where they have have enough parking spaces they would be legal. -- - Vice Mayor• De Yurre: OK. So then they are illegal, and they're going to be = legalized by this ordinance, 1f it's approved. Mr. Rodriguez: Probably so. Vice Mayor De Yurre: Let's go to Cocowalk. Mr. Rodriguez: Uh-huh. Vice Mayor De Yurre: Is Cocowalk legal? - Mr. Rodriguez: Again, based on the information that I got from my staff, they tell me that they are legal. - Vice Mayor De Yurre: Based on what? Mr. Rodriguez: They calculated teach one of the uses they have there, and they applied the parking ratio to those uses, and taking into account that they also received a variance for parking before, they are legal in that sense. 230 March 25, 1993 Vice Mayor ire Yurre: Ok. Now, did they also contract with any of the adjoining parking areas? Mr. Rodriguez: Yes, they did. Vice Mayor Be Yurre: Okay. When was the last time you checked to see if they still had that contractual relationship? Mr. Rodriguez: Let me ask Mr. Gonzalez if he has an answer on that. Mr. close Gonzalez: Ok. Mr. Commissioner, the answer to your question is, yes, we did check the figures on Cocowalk. Cocowalk currently is in compliance. Their outdoor dining area is in compliance. Once they obtain that variance for that parking lot, the actual parking ratio, the actual calculations due to parking to retail restaurant use is valid, contracts are valid. As far as our information is concerned, the research we did, 1t - currently, they're in compliance, as the ordinance reads today. Vice Mayor Be Yurre: But that's not my question. My question is, when was the last time you checked their leases for the additional spaces that they needed? That's my question. Mr. Gonzalez: Well, the last time we checked when we did our studies, we... Unidentified Speaker: March 12th. Mr. Gonzalez: March 12, 1993. Vice Mayor Be Yurre: March 12th? Mr. Gonzalez: Mm-hmm. Vice Mayor De Yurre: And they're - and they're legal with... Who are they leasing from, as far as the spaces are concerned? Mr. Gonzalez: Coconut Grove Bank. Vice Mayor Be Yurre: Ok. And have you added... Have you seen how many spaces are in Coconut Grove Bank? Mr. Gonzalez: We did a parking count. 237 - 247 spaces. Vice Mayor Be Yurre: They have 247. Mr. Gonzalez: Yes. We did a head count. Vice Mayor Be Yurre: And how - how many do they lease, Cocowalk? Mr. Gonzalez: I believe it's 200 spaces. 231 March 25, 1993 Mr. Gonzalez: Yes, we believe Tula Restaurant does. Vice Mayor De Yurre: How much do they lease? Mr. Gonzalez: Forty-five parking spaces. Vice Mayor De Yurre: How many did you say were total there? Commissioner Alonso: Two forty-seven. Mr. Gonzalez: Two hundred and forty-seven. Vice Mayor De Yurre: Two forty-seven. Mr. Gonzalez: Yes, sir. Vice Mayor De Yurre: So, they only have two spaces left. Mr. Gonzalez: Well, remember, these are different peak times. Remember, the most of this use is after the banking hours are concerned. Mayor Suarez: I gather that the statement on Sharkey's was basically that you are legal except when you have somehow have a few tables in all the wrong places and then you become illegal. But essentially, as planned and as approved, you're a legal use, you just happen to be a sidewalk cafe, which we initially did not require to have all kinds of parking. Mr. Calleja: I think that just final comment. Notwithstanding the fact that maybe Cocowalk is legal according to the outdoor count, which is fine. I've always been thought of as legal. I've never been told I've been illegal for six years. I will pay my fair share. I think, as good neighbors, Cocowalk should also do the same. They bring in as many people. Mayor Suarez: Well, every once in a while we've noted an incredible proliferation of tables which kind of takes up the ability of people to walk — through there. You've never had any such exaggerated situations outside there _ where the pedestrian walkway was impeded or anything like that. I mean, I - think that's what he was referring when he said that you were sometimes illegal. I don't know. Mr. Rodriguez: I gave two examples. Commissioner Alonso: He was given citations. Mr. Rodriguez: One example was when he didn't leave the six foot... Mayor Suarez: Right. i Mr. Rodriguez: ...and the other one was any time they serve the public, their — -= clients, in the sidewalk cafe, they become a restaurant at that point and - they're not supposed to do that. �' 232 March 25, 1993 Mayor Suarez: tables. When they serve them other than in the places approved for Mr. Rodriguez: The only place that they can be served... It's a takeout. Commissioner Alonso: It's a takeout. Mr. Rodriguez: If they're approved as a takeout... Mayor Suarez: Oh, you're supposed to... The sidewalk cafes you're supposed to serve them at the counter? Mr. Rodriguez: And then you take your own food to the... Mayor Suarez: Oh. Mr. Rodriguez: And anybody can sit in the sidewalk cafes in any chairs, they have the right by our ordinance that was established before. Mayor Suarez: All right. Mr. Rodriguez: The moment that a person goes and serves them, the sidewalk cafe, they become a restaurant. Mayor Suarez: That's not a real brilliant move on our part, going back to where we thought that was going to work that way. You know... Why is he laughing? He's got Cocowalk who is in trouble here. Mr. Steiner: Mr. Mayor, may I speak? Mayor Suarez: Is there an implication that you haven't already? That you haven't been speaking up here, behind the scenes, everywhere for about the last five years? Yes, you may speak. Mr. Steiner: I would like to speak in favor... Mayor Suarez: Let's wrap this up, though. Mr. Steiner: I would like to speak in favor of Sharkey's. It is correct that the Planning Board made a specific amendment to their vote by indicating that the sidewalk cafes who were legal should be exempted from the payment of the fee. Mayor Suarez: OK. David, and then we wrap this up. Mr. David Thank you, Mr. Mayor. That recommendation is ludicrous. The table's that are being used as restaurants on the sidewalk should pay their fair share and parking should be counted for them. It's as simple as that. I'm very happy to hear that Sharkey's is here to say to you that they are... they have come around and that they are willing to pay their share and I'm surprised to hear what Yaromir said. I also want to say that this is a very difficult vote to make. The impact on what we have now certainly has not been a positive thing on the Center Grove, the residential 233 March 25, 1993 areas. But I want you to knew that as difficult a vote as it is, please vote in favor of it. it will, at some time 1n the future, attempt to solve a very serious problem and I'd like to commend your departments, all of them, as well as Offstreet Parking for everything that they have done to make this happen. Mayor Suarez: Very good. Thank you. Vice Mayor De Yurre: Mr. Mayor, trying to wrap up here, let me... Sergio, what happens to those businesses that are going to be legal at this point in time, or that are legal right now and for maybe some of the same reasons that some of these have become illegal, because a parking area that they had leased, all of a sudden they built something on it, becoming legal. What's going to happen to them? Are they going to be grandfathered in? Are they just going to have to start paying in? Mr. Rodriguez: The ordinance started, basically, to address the issue of a shortage. So, they will have to start paying the moment the ordinance is in effect. Vice Mayor De Yurre: Listen to me. Mr. Rodriguez: Yeah, I'm sorry. Vice Mayor De Yurre: If somebody is legal... Cocowalk is legal right now from what you tell me, because they're leasing 200 spaces at the Coconut Grove Bank. Tomorrow we purchase Coconut Grove Bank... Mr. Rodriguez: Oh, I see. Vice Mayor De Yurre: ...and we do something with it. Now, all of a sudden, they're 200 spaces short... Commissioner Alonso: Then they have to pay it. Vice Mayor De Yurre: ...and they become illegal. What relief do they have under this ordinance? Mr. Rodriguez: They have to pay the fee... Commissioner Alonso: They have to pay. Mr, Rodriguez: ...like everybody else. Vice Mayor De Yurre: OK. That's what I'm saying. Is there relief for those that become illegal? -_ Mr. Rodriguez: Sure. The only caution on this is that at some point, we're going to have to establish a cutoff time by which you would consider the existing... the people which are... we're addressing with this ordinance. - After which the language that we have in the ordinance that says we give priorities to existing uses or... which are in violation, or existing uses in =— the area, after which...after this time, then you won't give priority and then = any parking that might be left available in the bank of parking spaces, would � have to be made available, I guess, to anybody else. First part... The 234 March 25, 1993 — ordinance addresses in one portion that we're going to give priority to anybody that is in violation for whatever reason, or anybody that will become in need of parking after the effective day of the ordinance. So, that's the point I'm trying to make. If they don't apply to this parking bank at some point, early on, then they will not have priority in addressing their parking needs. Vice Mayor De Yurre: But you... Because, you know, I think that for some reason, we're... and 1 think this ordinance is a fairly good ordinance. The only problem that I have with it 1s that from what I hear, it doesn't create parking. All it does is say, "Pay me $40 and now you're legal." Now, all of a sudden there is a parking lot in the sky that legalizes everything and then everything 1s supposed to be fine, the traffic problem goes away, there is enough parking and that's not the case at all. You know, my concern is that I could vote for this very easily. The only thing that holds me back is comments saying that we have to wait three years for something to happen. Mr. Rodriguez: Well, I think, Vice Mayor, if you heard Clark also say that without this money it wouldn't be feasibly possible. And I think one of the things that we're addressing in the ordinance is that we're facing a situation that we have is a pragmatic approach. We have a shortage for whatever reasons, we have a way of addressing it. We're providing a pool of funds that would be used to create a parking structure or parking areas that will address the issue. Without this, we have been told by Clark Cook, that we might not have the funds to deal with the issue. Vice Mayor De Yurre: We don't have the funds, but once this is to place, then there is no need to wait two years to do this thing. Mr. Rodriguez: Well, that's a different issue. I cannot address that point. Vice Mayor De Yurre: No, but that's the one that concerns me. Mr. Rodriguez: I agree... I would like to see this coming up sooner, but I cannot speak for the Offstreet Parking and they have to know the limitations they have in getting this into effect. I cannot address that one concern. Vice Mayor De Yurre: And then what happens if three years go by and nothing gets built? Four years go by and nothing gets built? Five years go by and nothing has been built? What happens to all this money and then all this relief that we thought we were going to have doesn't exist. What do we do then? You know, I think we need something more tangible. We need a commitment from Offstreet Parking just like everybody here is committing to this and the City Commission is going to commit to this, I figure, because that's the sense that I gather from up here, that if the restaurants are willing to commit and the retail businesses - everybody is willing to commit - that based on what is being spoken here, that the authorities should commit and say, "Hey, based on this and based on the numbers that we're talking about, we're ready to start working on this immediately." And we need... I need to hear that kind of talk from the authority. If not, this doesn't solve any problem other than create more revenue. Commissioner Alonso: Let's call him again and get a commitment from him that he will bring the item to his board and come back with some sort of satisfactory answer, because it has been long overdue. 235 March 25, 1993 Mr. Gook: Mr. Mayor and Commissioner... Mayor Suarez: Wait, wait. I got Commissioner Dawkins here. Commissioner Dawkins: Mr. Rodriguez? Mr. Rodriguez: Sir. Commissioner Dawkins: Following the lines that Commissioner De Yurre was stating, in the event that a parcel of land is being developed and there is no parking, does that developer come into compliance by paying a parking fee? Mr. Rodriguez: Let me address the question 1n two ways. First... Well, let me give you the direct answer first. No, the ordinance first addresses existing development, at this point. I mean, that's the way it is. It mentions that it gives priority to those which are not in compliance. So, to give you an answer, a clearer response... your question, a clearer response, the ordinance addresses only existing development. Commissioner Dawkins: So, therefore, if I have a piece of property in the area that's worth $100,000, because there is no parking, I can never build anything on it. Mr. Rodriguez: You know, without this ordinance, you have nothing. I mean, this... Commissioner Dawkins: But what I asked you if... See, I don't think we're... We're not communicating. I think what I asked you is if this audience is... ordinance is in place, and I decide to build on my property, do I get a permit to build if I pay the parking fee? Mr. Rodriguez: At present... The way it is presently drafted, no. = Commissioner Dawkins: Thank you. Mr. Rodriguez: The only way you can do is... Commissioner Dawkins: That's all. No, no. That's all. Thank you. Mr. Rodriguez: OK. Mayor Suarez: Mr. Helfman. Mr. Steven Helfman: Thank you. My name is Steve Helfman and my address is 2665 S. Bayshore Drive. I'm here on behalf of FL Associates, who is the owner of the property which is indicated in green. The red area... The boundary of = the red area is the SD-2 Downtown Coconut Grove district. That's the area that we're all talking about. Currently, your ordinance provides that anybody who has a property within that district must put the parking on their property. There is a very small exception that says through a special _s exception, you can take 25 percent of the spaces and put them within 600 feet. But that's not very practical. That's one of the reasons that we're here = because that just doesn't solve the problem. But the ordinance today says if 236 March 25, 1993 you're in that district, put your spaces on your own site. The new ordinance has a bifurcated system, creates sort of a double standard. What it... What the new ordinance says is everybody who has got existing development in Coconut Grove, whether it's vacant, in operation, not in operation, all of those people now have the right to park anywhere - not on their own property anymore - anywhere within the whole district that you see as well as in the SD-17 area right here. If they can't park on their site, if they can't find it anywhere else in Coconut Grove, then they have the option of paying money and not providing parking at all. You can just come in and say can't find the parking in SD-17, I can't find it in SO-2, here's my money, I want my CO (Certificate of Occupancy). That applies to all existing development. The second part of this ordinance treats new... what they call new development - somebody who comes in who has a vacant parcel, for example, and wants to build on it. It says to that person, you have to build on site. You can still go after this special exception for within 600 feet, but what it does at this point, it also says that there are no more variances. So, what it says to the vacant property owner, such as my client, it says everybody else in Coconut Grove today can pay in and keep going, whether they're in violation, whether they're not in violation. ,lust pay us the money and keep going. We'll give you COs for all that space out there. Go ahead. And it says to my client, "Mot only can you not pay in, but you've got to put it all on site and on top of that, we eliminated the variances that you used to be able to get if you couldn't put it on site or you couldn't find it elsewhere." The problem is a very limited one because from my own driving of the streets, reviewing maps, as well as Clark Cook's map, we've identified all of those vacant parcels in Coconut Grove in the SD-2 district. You can see that it's about four or five different sites and actually, some of them are even out of the SD-2 district. So, we're talking about a limited number of people with very small sites in Coconut Grove, who now are going to be in a situation where they have something less than what they have today, they can't even get variances any longer, and everybody else - all the violators and everything else - they can just come in and pay their money and keep going. It doesn't make any sense. It doesn't make any sense to put an ordinance forward which places on these property owners an ordinance that we know doesn't work. It hasn't worked for years. Why do you create a situation where you have a few number of people, such as my client, who you're going to tell, "Everybody else is fine, but you've got the old ordinance, which we know doesn't work and you can't even get variances anymore." That's the reason I'm here. We need to deal with these few limited people with small parcels in Coconut Grove, where they can't fit parking on their property, where they're forced to put it on there and it's a real problem. My client has 78 feet of frontage. If he wanted to put a 5,000 square foot building on his space and maybe put two restaurants in - not a huge building - he would be required to put in 50 parking spaces. Well, you couldn't get 50 parking spaces on that site without a building. So, what you force him to do is he now has to build 20,000 square feet of parking structure to have a 5,000 foot building. And it's just ridiculous. You cannot in any way feasibly put 25,000 square feet of development when four times that amount is just for the parking. So, you're forcing people who have these small sites to try to squeeze it in and it doesn't work. Let me ,just you give you an example of people... Mayor Suarez: Well, but the alternative, of course, is to permit no commercial development anymore because of the overdevelopment that we've got. 237 March 25, 1993 se - Mr. Helfman: And you've discussed that several times. Mayor Suarez: Right. I don't think you'd want that. Mr. Helfman: Well... -�- - Mayor Suarez: I don't think you would want that. Mr. Helfman: Let me give you an example of a couple of places that have tried it. They put nearly 100 spaces in this building. We all know the condition of that building today. Have you ever tried to drive in that garage? It's - impossible. The RTC owns that building right now. There is one tenant, a =_ - bicycle store, in there. Mayor Suarez: I hate to say it, but that building reminds me of what a — planner would suggest would be there. Mr. Helfman: Does... That may look familiar to you. Some people have — _ referred to it as a white elephant on Commodore Plaza. Another situation where you have a tiny little property and you force the developer to try to squeeze the parking into the site. You can see how successful that o development is. And there are numerous examples. Grove Harbor - that - building the City of Miami zoning officials will not allow the parking garage to be used. It meets Code, but there is a covenant on that property that says that nobody can drive in it. You must get a valet parker to park the cars there. Why? Because the gentleman was forced to squeeze all the parking on the site, which is a tiny little site, and now you can't even drive in the - garage, it's not safe. There's a problem, it's a limited problem. We have a few, a very few number of sites in Coconut Grove which are very small. _ They're under 20,000 square feet, as best as I can estimate, a handful of them — that should be able to participate in this process. You shouldn't create a separate process where you let all the violators and everybody else who — happens to have a vacant building come in and pay and keep going and then strap these other people with an ordinance that everybody here agrees does not work. It just doesn't work. Now, the question of a moratorium is an entirely -_ separate question to the extent that you want to study whether you have a = moratorium that's comprehensive throughout the Grove. Certainly you can do = that and I think that there is a feeling for that. But there is a real _ - problem here that's limited. What we'd ask you to do is to allow small scale development, lots which don't exceed 20,000 square feet to be able to participate in this program also. I spoke with Clark Cook before. I think he =_ is absolutely supportive. It will get money in this fund quicker. It is — additional funds. And we can address the parking issue by providing lots. I would appreciate it to the extent that you're going to pass this ordinance, that you include a provision for small scale development, something under a half acre, a half acre or less, that they could participate. Thank you very �— much. _ Mayor Suarez: Very good. Mr. Michael McGee: Thank you. My name is Mike McGee from 2437 27th Lane. I e have a real simple opposition to this and I don't have a lot of pictures to back it up. There is not a single property in Coconut Grove where you're — going to be able to build a parking lot without opposition. You just had the 238 March 25, 1993 i Parking Commission come with six properties, two of which were shot down and nothing has been voted on. Nobody is going to want a parking lot in their neighborhood. It will be another Camillus House. This thing will go an ten years. Mayor Suarez: So, if you were voting up here, you would vote against it. Mr. McGee: I would vote against it because I don't think it's practical. It's not going to happen in Coconut Grove. Where are you going to park? Cocowalk wanted to... Mayor Suarez: But isn't it better to create a... Mr. McGee: ...add parking... Excuse me. Mayor Suarez: Isn't it better to create a fund? Mr. McGee: ...wanted to add a parking lot and the biggest problem is where is the traffic going to go? Nobody on Grand Avenue wants the traffic? Mary Street is not going to want the traffic. Main Highway is not going to want the traffic. These people are going to come in and fight wherever you put it. It's not going to happen. I'm saying it's going to go on and on and on for years. If I'm buying a car, I don't want to pick it up in three years. If I'm buying a parking spot, I want it now. Tell me where I can have it now. I don't think you can. That's why I'm opposed. Thank you. Mayor Suarez: All right. Anything further? Bob Fitzsimmons. It's been a while. Mr. Bob Fitzsimmons: Bob Fitzsimmons, 2512 Abaco. A lot of the problem is where is it going to be, why can't we have it now, I think a lot of that can be resolved with one simple addition. Just put a sunset on the law. Give them two years, give them one year and have the ordinance come up for review. Mayor Suarez: What about that idea? Is that a suggestion of Planning? Mr. Rodriguez: I'm sorry. I missed the... Mayor Suarez: To sunset the ordinance or having a reevaluation after a year or two years automatic. I mean, I have a feeling we're going to reevaluate it in any event, but... Mr. Maxwell: You can't sunset it. You can bring it back for review in two years, but you cannot sunset it. Mayor Suarez: You can't sunset it? Mr. Maxwell: You can't make it automatically terminate in two years. No, si r. Mayor Suarez: I am not even going to touch that one. Mr. Rodriguez: You can... As part of the ordinance, you can instruct us to bring it back... 239 March 25, 1993 Mr. Maxwell: You can bring it back for review in two years. Mr. Rodriguez: ...in a period of time, I think. Right? I think that's what he's saying. Mayor Suarez: Can't sunset it. That's why we don't consult lawyers too :such around here. Mr. Maxwell: Cannot bring back... You can bring it back in two years. Mayor Suarez: All right. Commissioners, it's your pleasure. If we were inclined to vote favorably on the second reading of the ordinance and at the same time to move to proceed with the study... Mr. Maxwell: May I recommend, Mr. Mayor, that you take those as separate items altogether? Dispense with the items... Mayor Suarez: You never let me get there. You knew what I was going to say, didn't you? And you figured it was probably not technically a good idea. Mr. Maxwell: That's correct. Mayor Suarez: That's typically the way it works between us, isn't it? Commissioner Alonso: OK. Then for six, I move... Mayor Suarez: All right. Separately then. Commissioner Alonso: ...that we approve second reading. Mayor Suarez: PZ-6. Commissioner Alonso: Yes. Mayor Suarez: So moved. Commissioner Alonso: Yes. Mayor Suarez: Do we have a second? A minute? All right. I second it. Vice Mayor De Yurre: It has been moved and seconded. Discussion? I'll discuss. I would like to see, you know, what Steve Helfman brought up, that Issue. I don't think if we can limit it to small development, that we can go ahead and give some relief to some of these people that have never been in violation of anything and that have an investment in the area they would like to develop it. So, I would like to see that property that is less... no more than 20,000 square feet, that they can join this program. And if we can limit it to that, it prevents a big kind of development saying we want to get involved too, but at least this way we can go ahead and give some relief to these individuals. I would like to incorporate that into the motion. Mr. Maxwell: Mr. Mayor? The ordinance before you now deals with existing uses. What you're proposing, of course, would be prospective uses. I would 240 March 25, 1993 AAL suggest. to you that that would be a material change in the ordinance that could not be addressed tonight. It would go far beyond the scope of the ordinance before you now. The appropriate way to do that would be to adept the ordinance, if you're in agreement with this ordinance, and to direct the Planning Department to bring back... Vice Mayor De Yurre: Well, then... Mr. Maxwell: ...an amendment in the future that would do that. Vice Mayor De Yurre: ...can we say the following that wherein this ordinance, instead of replacing the former ordinance, that the former ordinance survive wherever there is no discrepancy with this one. So, that would allow... Mr. Maxwell: You... Vice Mayor De Yurre: ...those that come under this existing kind of situation to survive. Mr. Maxwell: No, you are in effect... this ordinance would repeal whatever existing ordinance would affect them. Mr. Helfman: Mr. Mayor, may I be heard very briefly on this? Mr. Maxwell: That would not be something I would suggest you do. This repeals it. Mayor Suarez: He's chairing. I would see no reason why not. Mr. Helfman: This ordinance - and I respect your opinion - but this ordinance speaks directly to this issue. It speaks directly to the issue of what new development can do and can't do. There is absolutely nothing in the title, which is what you're talking about, that would in any way indicate that... or mislead anybody to believe that the issue of new development is not going to be discussed or dealt with in this ordinance. This is a... This is precisely on point to this ordinance. Mr. Maxwell: I beg to differ, sir. Section 602.10(1) says "...for all nonresidential development existing and/or in operation at the time of passage of this ordinance..." Mr. Helfman: Yes, and when you proceed on further, it says, "...all new development approved after..." I mean, it is... It speaks... The next sentence speaks precisely to the issue that we're talking about, which is new development. There is nothing... It couldn't be clearer in terms of that the issue is there, the notice is provided. This ordinance expressly deals with that issue. Mr. Maxwell: Nine eighteen. What you're requiring here... I had to check to see what 918 said, I didn't have it in front of me. What 918 says is that you have to provide parking. What you're asking for is a total waiver of that parking. That is a substantial deviation from what you have in front of you. 241 March 25, 1993 Vice Mayor De Yurre: Doesn't it deal with the issue of new construction and what you can or can't do? Mr. Maxwell: It does say all new... Last paragraph... The last sentence. does say all new development. Mr. Helfman: Of course. And... Vice Mayor De Yurre: Well, then... Time out. Then we're talking... We're just changing the rules a little bit, but it does address the issue. Mr. Maxwell: It says, "...all new development to be approved after passage of this ordinance shall be subject to all requirements and limitations of section 918." And what you're saying is it won't be subject to the sections... That's... Vice Mayor De Yurre: No, it will be subject except that we're going to change it a little bit. Mr. Maxwell: No, you're wiping it out. Mr. Helfman: No. It... Vice Mayor De Yurre: No? Go ahead, you're getting paid for this, not me. Mr. Helfman: Let me... If I may. The issue that you're talking about is the subject matter issue of this ordinance. This issue is precisely within the scope of the subject matter of this ordinance. Your title is not misleading. The issue is discussed in-depth as to what - how you deal with... Mr. Maxwell: I understand that's the topic. What I'm saying is that this constitutes a substantial change. This is a material change from the ordinance in front of you. Whenever you - whenever an ordinance before you has gone through first reading, as this one has, and you attempt to substantially change it on second reading, the rule is that it goes back, as it would for a new ordinance. So that's a material change, to wipe out the requirement altogether. Vice Mayor De Yurre: Yeah, but Joel, remember, when this was passed on first reading, everybody had objections to it, and there were significant objections, and it was on the record. Plumier put it on the record, and a whole bunch of people here put it on the record that they had a tot of reservations, and wanted certain things done about it. So we knew right off the bat that it wasn't going to pass the way it was approved on first reading. Mr. Helfman: And the difference in the fee, for example, would be a substantial change. But of course, you could change the fee if you wanted. You could eliminate the fee today within the scope of this ordinance if you wanted to, or change it to two cents. That would be a substantial change. But the subject matter is precisely on point. There's nothing that you could do further to notify people that this subject matter is before them. Mr. Maxwell: Mr. Helfman, I respect your opinion. My recommendation to this Commission is that that's a material change. 242 March 25, 1993 Ms. Weber; And if I may, one that we will not and cannot agree to. Vice Mayor De Yurre: Well, then, I can't vote for this. Mr. Helfman: Well... Vice Mayor De Yurre: Because, you know, the thing is that we're trying to accomplish here something to accommodate something that needs to be done; something that, as far as I'm concerned, I don't see it happening any time soon. So I'm kind of reluctant to go along with this, because I don't see it really solving the issue, other than collecting money. But besides from that, besides from that factor, we're going to put people to a detriment, then, you know, I really can't go along with this. And I think it's a good idea., but, you know, just that there are certain things about it that really rub me the wrong way. And if we can get any relief, legal relief, then, you know, as far as this is concerned, then I continue to have a problem with that. Vice Mayor De Yurre: Any further comment? Call the roll. Mr. Maxwell: I have to read the title, sir. Vice Mayor De Yurre: Well, go ahead. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIA.MI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 602. SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND 617. SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, TO CLARIFY REQUIREMENTS FOR REQUIRED AND SHARED OFFSTREET PARKING SPACES; TO ADD A PROVISION THAT PROHIBITS VARIANCES FOR THE REDUCTION OF REQUIRED PARKING, REQUIRES THE INCLUSION OF PUBLIC RIGHTS -OF -WAY AND OUTDOOR DISPLAY, SALES AND DINING AREAS AS PART OF THE FLOOR AREA CALCULATIONS USED TO DETERMINE OFFSTREET PARKING REQUIREMENTS; AND ADDS PROVISIONS ESTABLISHING A PROCEDURE TO ALLOW THE PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED OFFSTREET PARKING FOR NON- RESIDENTIAL USES IN DISTRICTS SO-2 AND SO-17; AND BY AMENDING ARTICLE 25 TO PROVIDE A REQUIRED DEFINITION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Mayor Suarez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 243 March 25, 1993 a AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: Commissioner J.L. Plummer, Jr. THE ORDINANCE ►SAS DESIGNATED ORDINANCE NO. 11051. 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: Commissioner Dawkins: I said from day one that I could not understand collecting money and not developing. And now I'm told today that if I have a piece of property, it's useless because I'm going to be discriminated against because I have vacant property and I don't have an existing piece of something on it and that although you are creating a vehicle by which to make everybody else legal, you're not going to permit me to buy into this for the same money. I mean, I have a problem with that. You know, if I have got a piece of property and I have not built on it, but yet he has a building and he doesn't have parking and he's allowed to pay into a fund which will not produce any parking, I'm not allowed to build and pay into the same fund. Mr. Ron Nelson: Can I ask you a question? Commissioner Dawkins: Yes, go right ahead, sir. Please, help me... Mr. Nelson: I just wanted to know... Commissioner Dawkins: Help me out of it. Commissioner Alonso: Commissioner... Mr. Nelson: Flow hard is... He talked about he suggested that you pass this motion as it is and then amend it without making a... this way you don't make a substantial change and you can get it passed and go for an amendment. How difficult would it be to do that amendment? Vice Mayor De Yurre: You know why... Mr. Nelson: I'm not familiar with your procedures, but... Vice Mayor De Yurre: You know why... Commissioner Dawkins: OK. All right. Commissioner Alonso: Commissioner... Vice Mayor De Yurre: I'll tell you why it's not a good idea. Because then he's going to be the only one fighting for this ordinance. The other way, everybody is going to be fighting together because we all want it. OK? 244 March 25, 1993 Commissioner Dawkins: I don't know. We got... Vice Mayor De Yurre: And that's the thing. Once you get what you want then y he's on his own. - Mr. Helfman: I am certain enough about... Mr. Nelson: He's on his own right now. ti Commissioner Dawkins: Wait a minute. Hold it. Hold it. Close... Mr. Helfman: I am certain enough about this legal issue. Vice Mayor De Yurre: And we're voting. That's it, guys. Commissioner Dawkins: Yeah. That's its Mr. Helfman: Yeah. Vice Mayor De Yurre: Thank you. z; Mr. Helfman: We will indemnify the City... Vice Mayor De Yurre: Hey, excuse me. Hello, Steve. Time out. Continue with the roll call. Commissioner Dawkins: OK. I'm going to... Because I promised everybody out there that I'd vote for this, I'm going to vote for this. I vote yes and I'm -- going to do my damnedest to make sure that those who have property out there that we develop the mechanism to allow them to build. I vote yes. Vice Mayor De Yurre: For all my reasons stated throughout this process, I vote no. ---------------------------------------------------------- QTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY _= y TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM FROM THE REGULAR PORTION OF THE AGENDA.] ---------------------------------------------------------- 245 March 25, 1993 0 35. DIRECT ADMINISTRATION TO COME BACK ON MAY 27TH WITH A STUDY WHICH WOULD SERVE AS THE BASIS FOR POSSIBLE INSTITUTION OF A MORATORIUM ON COMMERCIAL CONSTRUCTION IN COCONUT GROVE AREA -- AUTHORIZE ALLOCATION OF $100,000 TO HIRE OUTSIDE CONSULTANT TO CONDUCT PLANNING STUDY CONCERNING ISSUES AFFECTING GROVE AREA -- ADMINISTRATION TO HAVE CONTROL OF EXPENDITURE AND TO WORK JOINTLY WITH THE COCOANUT GROVE VILLAGE COUNCIL -- DIRECT CITY MANAGER TO IDENTIFY A SOURCE OF FUNDING. (See label 41) Mayor Suarez: On the issue of a moratorium, do I hear a consensus to propose a planning study, as quickly as possible, as quickly as we can get it, with as much in-house... Vice Mayor De Yurre: Move that. Mayor Suarez: Moved. ...with as much in-house... Commissioner Dawkins: Second. No, no. I will not move with any in-house anything. I will move it if we give some money for them to go hire a professional. I will second the motion, but I... Mayor Suarez: OK. Vice Mayor De Yurre: Provided that we control the monies... Commissioner Dawkins: Vice Mayor Oe Yurre: Commissioner Dawkins: Vice Mayor De Yurre: Commissioner Dawkins: Yes. ...and we pay the bills... I have no problems with... ...as submitted. ...us reimbursing... Vice Mayor De Yurre: Well, I don't think... Commissioner Dawkins: ...or expenditures or paying for expenditures. Vice Mayor De Yurre: OK. Mayor Suarez: Any cap that you want to propose? Because it's... Vice Mayor De Yurre: A hundred thousand dollars. Commissioner Dawkins: A hundred thousand dollars and more if they need it. Mayor Suarez: Moved and seconded with that cap. I don't think that we're at a point that we have to identify where the money would come from. Do we? OK. 246 March 25, 1993 I] - Commissioner Dawkins: All right. • Commissioner Alonso: It will have to come to us anyway. Commissioner Dawkins: And then Mr... Mayor Suarez: I have a feeling it's going to have to cone back to us. Commissioner Alonso: It will have to come back, so we don't need to. Commissioner Dawkins: ...the Manager and I will find some money in the FEMA (Federal Emergency Management Agency), because we... that's FEMA related. OK? Mr. City Attorney... Mr. Mayor, please. Vice Mayor De Yurre: Well, are we going to vote on it? Commissioner Dawkins: Mr. City Attorney... Yeah. Go ahead, vote. I'm sorry. Mayor Suarez: On that motion, we have a motion and a second. Any discussion? If not, please call the roll. The following motion was introduced by Vice Mayor De Yurre, who moved its adoption: MOTION NO. 93-211 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IDENTIFY $100,000 TO HIRE OUTSIDE CONSULTANT(S) TO CONDUCT A PLANNING STUDY ON COMMERCIAL DEVELOPMENT IN THE COCONUT GROVE AREA; FURTHER STIPULATING THE COMMISSION SHALL HAVE CONTROL OF SAID MONIES; AND FURTHER DIRECTING THE MANAGER TO WORK JOINTLY WITH THE COCOANUT GROVE VILLAGE COUNCIL REGARDING SAID STUDY AND TO COME BACK WITH A PROPOSED AGREEMENT FOR COMMISSION CONSIDERATION. Upon being seconded by Commissioner Dawkins, the motion was 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. Commissioner Dawkins: The City... Mayor Suarez: It's the intent of the Commission to do this jointly with the Village Council in the operational sense. Please make sure that the staff understands that. 247 March 25, 1993 Commissioner Dawkins: Mr. City Attorney and Mr. Rodriguez? Mr. Joel Maxwell (Assistant City Attorney): Yes, sir. Commissioner Dawkins: Will you develop whatever laws or any... whatever is necessary for me to attempt to provide some relief for the individuals who have vacant land? But make sure that when the law is developed that they pay up front. Before they can pull a permit to build, the money for their parking Spaces must be in the pot or they will... No, no. I don't... No, see... No, no. I'm not interested in those... See... No, no. His money must be available before he can pull... he, she or it can pull a permit. Because at Fuddruckers - you name it... I've been through this and as that gentleman over there said, we just give it up and then they get the building up and then who is going to tear it down? Nobody is going to tell him to tear it down because you don't have the parking or because he doesn't pay the fee. And even if he doesn't get the CO (Certificate of Occupancy), Mr... Commissioner, the building is still there. If he starts paying on the way, he... I have his monies in the pot to provide parking for everybody else. No problem. Mayor Suarez: OK. ---------------------------------------------------------- ENOTE: AT THIS POINT, THE CITY COMMISSION RESUMES CUMDERATION OF ITEMS ON THE PLANNING AND ZONING PORTION OF THE AGENDA.] ---------------------------------------------------------- 35. SECOND READING ORDINANCE: AMEND CODE CHAPTER 35 (MOTOR VEHICLES AND TRAFFIC) -- ADD NEW CHAPTER VIII: COCONUT GROVE PARKING IMPROVEMENT TRUST FUND. (Applicant: Planning, Building & Zoning Dept.) Commissioner Alonso: Seven. Mayor Suarez: Item 7... PZ-7. Commissioner Alonso: Move it. Mayor Suarez: Moved. Commissioner Dawkins: Second. Mayor Suarez: Any discussion on PZ-7? It's a companion item. It's all part of the same parking scheme, I presume. Commissioner Dawkins: Yeah. Mr. Joel Maxwell (Assistant City Attorney): Yes, sir. Mayor Suarez: Read the ordinance. 248 March 25, 1993 Mayor Suarez: Call the roll. Mr. Steve Helfman: Mayor... Mayor Suarez: Oh, I'm sorry. Commissioner Dawkins: Yes. Commissioner Alonso: Yes. Mayor Suarez: I'm sorry. I should have recognized counselor. any... If you have Mr. Helfman: Yeah. Just for the record, we'd like to voice our objection to this ordinance as being in violation of the notice provisions of 166041 of the Florida Statutes. Mayor Suarez: OK. It sounds like he's getting ready for a challenge. All right. AN ORDINANCE AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC" THEREBY ADDING NEW ARTICLE VIII, ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND", PROVIDING FOR ESTABLISHMENT OF SAID FUND, SETTING FORTH REQUIREMENTS FOR PAYMENT OF FEES IN LIEU OF REQUIRED PARKING AND MITIGATION FEES FOR SIDEWALK CAFES, SETTING FORTH THE MANNER IN WHICH FUNDS ARE TO BE DEPOSITED, AND SETTING PROVISIONS FOR EXPENDITURES FROM SAID FUND, CREATING THE COCONUT GROVE PARKING ADVISORY COMMITTEE; MORE PARTICULARLY BY ADDING NEW SECTIONS 35-191, 35-192, 35-193 AND 35-194; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Dawkins, 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 Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: Commissioner J.L. Plummer, Jr. 249 March 25, 1993 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11052. 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. 37. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54 (STREETS AND SIDEWALKS) -- AMEND ARTICLE VI, SIDEWALK CAFES, TO PERMIT NEW SIDEWALK CAFES, IN CONJUNCTION WITH FOOD ESTABLISHMENTS - TAKE OUT ONLY, PROVIDED THAT OFF-STREET PARKING IS EITHER PROVIDED, OR A FEE IN LIEU OF PARKING IS PAID. (Applicant: Planning, Building 8, Zoning Dept.) Mayor Suarez: Item 0, companion item. Commissioner Dawkins: Move it. Commissioner Alonso: Move it. Mayor Suarez: Moved and second. Any discussion? Yes, Clark. Mr. Clark Turner: Mr. Mayor, at the request of the Law Department for the record, in section 54-113C there is a sentence that has been added at the end to clarify the fact that this Code amendment is specific to the sidewalk cafes and not an amendment to the zoning ordinance. The sentence in question for the record reads, "For purposes of this article, references to specific zoning districts are solely for purposes of delineating affected geographic areas subject to this section and shall not convey any rights under zoning ordinance number 11000 as amended or superseded." Mayor Suarez: OK. Call the roil. Is it an ordinance? Mr. Joel Maxwell (Assistant City Attorney): Yes, sir. Mayor Suarez: Please read the ordinance. Call the roll. Mr. Steven Helfman: Mayor, I believe it's a public hearing. Mayor Suarez: I'm sorry. Mr. Helfman: Yes. Again, for the record, we'd like to object to this ordinance as in violation of 166041 as well as the City's own Code. Thank you. 250 March 25, 1993 w 11 AN ORDINANCE - AN ORDINANCE AMENDING CHAPTER 54, ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "STREETS AND SIDEWALKS", "SIDEWALK CAFES % BY ADDING DEFINITIONS; ALLOWING NEW SIDEWALK CAFES IN CONJUNCTION WITH A "FOOD ESTABLISHMENT - TAKE OUT ONLY", PROVIDED SUCH ESTABLISHMENT PROVIDES REQUIRED OFF-STREET PARKING OR PAYS A MITIGATION FEE IN LIEU THEREOF; MORE PARTICULARLY BY AMENDING SECTIONS 54- 109, 54-111, AND 54-113; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, 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 Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11053. 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. 38. AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO WAIVE 45 OF 45 REQUIRED OFF-STREET PARKING SPACES FOR THE TULA RISTORANTE (2957 FLORIDA AVENUE). (Applicant/Appellant: Carlo Fontanesi.) Mayor Suarez: Item PZ-9. Commissioner Dawkins: Move to deny. Commissioner Alonso: Oh, to deny. Second. Ms. Lourdes Slazyk: PZ-9 is an appeal of a variance denied by the Zoning Board for 45 of 45 required offstreet parking spaces for an existing restaurant, Tula Ristorante, at 2957 Florida Avenue. The Planning, Building and Zoning recommendation is also for denial. Mayor Suarez: OK. 251 March 79 1001 Commissioner Alonso: It makes no sense after we have... what we have approved. Mayor Suarez: We technically already have motions on the table but, obviously, we're going to hear your testimony. Rio we swear in the applicant? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Louis Terminello: Good Evening. My name is Louis J. Terminello, 2700 SW 37th Avenue and I represent Tula Ristorante. I'm hear on appeal denying our variance... denying our request for a variance for the 45 parking spaces. `--�- What I want to do is make this absolutely clear. I think we got caught up to this whole thing about the parking study. We are not, never have and never... have never been in violation of anything, so you can see by their own graphs that are here. We have never sought a variance to minimize the number of parking spaces that we need for the time that we have currently been open to --_ serve dinner. All we have sought to do was a variance for the 45 parking = space requirement for a two-hour period during the lunch hour Monday through =_ Friday. That's all we have always been seeking to do and that's what we've been seeking to do for an... for at least 16 months now that we have been at this process. Tula's does not open... We have all the adequate parking we need. We have a lease with the Coconut Grove Bank that's in effect. It was alluded to earlier. And we have never been 1n violation. We have always been in compliance and all we seek is this variance to open up for lunch. We, at the zoning... At the hearing before the Zoning Board, we brought in the v following testimony that we serve approximately 20 people lunch, for the period of time that we have been allowed to be open under a temporary arrangement with the City. And all we seek to do is continue serving 20 people lunch from Monday through Friday. There was also testimony in front of the Zoning Board that our front door is about 25 feet from the entrance to the Mayfair Parking Garage. We had the director of operations for the Mayfair war Parking Garage testify to the Zoning Board that they had over 900 parking spaces available, 25 feet away from us, between the hours of 11:30 and 1:00, Monday through Friday, for a dollar an hour. That's all we were seeking to do is open for lunch. This... And I had offered then, I'll offer it again and I've told this to everybody who has asked, that we own the property and we —_ will be more than willing to covenant this arrangement that we are trying to make. We have not only our own parking lot a few feet away which will park 20 _ cars that we have been leasing as excess parking, but we have, as I said earlier, the Mayfair parking lot right across the street which is like a bowling alley Monday through Friday. They have over 900 parking spaces =— available. I can parrot the information that is in our original application _= about what this property was like before my client put $2,000,000 in it and bought it two years ago, but I won't bother. I also won't point out that there is nothing else that we can use this building for during the day. We can't put 45 parking spaces on the property and never will be ,able to. It's a = 4,500 square foot building. We barely generate enough income now to support the tax burden and only since we have been allowed to serve our 18 to 21 - lunches a day, Monday through Friday only in the last year and a half during this process, have we started to turn it around. The employees park elsewhere. If staff wants to investigate our books to determine how many people we have coming in for lunch or anything else like that, we offer to 252 March 25, 1993 �i w make everything available. Unfortunately, we've gotten caught up in this whole issue about the parking and we have never been able to explain adequately that we are not seeking to increase the parking problem in the - Grove during the peak times that even the parking study indicates has been a problem. We're only... Monday through Friday, 11:30 to 1:30 is all we were seeking. And what I seek to do today is to try to get our variance before you before it's too late. And I'm not even sure what our posture is any more after the vote that you've taken today. The owner of this piece of property owns three other properties in the Grove - his primary residence, a rental property and this restaurant. At lunch time we, if permitted to remain open, we will continue to employ approximately 20 people. This is a consideration -- for our clientele. It is not something that per se makes us money and 1t is certainly not something that impacts the parking problem in the Grove. We have been open under this temporary arrangement since December of 1991 and to the best of my knowledge, there are no complaints and nothing has been brought to our attention that our small restaurant on Florida Avenue during the lunch hour... As a matter of fact, during this process we applied for and were granted a valet parking permit which, as I'm sure the Commission knows, means the police came out and this, that and the other thing. Again, I will leave you with this statistic that on any given lunch day for a dollar an hour, we're 25 feet away from 900 parking spaces. Our request to stay open to serve lunch does not impact this parking problem in the Grove, but unfortunately we've been caught up in it. If I can answer any questions, I certainly will. Mayor Suarez: In ordinary circumstances, of course, we would delve into the whole issue of what sense it would make to grant a variance that would solve your problem for a part of the day, knowing that it is an unusual situation that you face. Having bent over backwards in the past to try to solve such problems and ending up with the horrendous problem that we now have, I don't think anybody up here is particularly inclined to try to accommodate your request, even if it somehow could be narrowed down as being a very specific one that might not somehow expand by the normal process of things here in the Grove to a much bigger problem, because it's sort of circumscribed in time. But I don't... you know, I don't think that we ought to do that. Commissioner Alonso: But if we approve this one... Mayor Suarez: Yeah.= Commissioner Alonso: ...how can we justify the next one and the one after that? Mayor Suarez: Yeah, if you make exceptions... Commissioner Alonso: It will be the same situation. Mayor Suarez: ...based on time, then you're pretty soon making exceptions based on other circumstances and we're back to creating an even bigger problem than we're facing now. So, it is right that you're caught up in this problem. y You certainly are. Mr. Terminello: But, Mr... Mayor Suarez: Anything on this from the Village Council or yourself? _ 253 March 25, 1993 —i to Ms. Mary Weber; The Village Council has voted against the variance that they're requesting. Mayor Suarez: All right. Mr. Terminello: Mr. Mayor, if I just may... just one point that you've made. Yes, there has been a problem developing because of prior exceptions that have been made over the course of years. But again, those have been for the entire operation. We don't mean to impact. We have the required parking for 5:00 o'clock on. All we are seeking to do is open for lunch, Monday through Friday, in the time periods that even the old parking report says is not a problem. That's all we seek to do. We're not looking for an exception or a variance that's going to say we don't need any parking at all. We didn't come in the back door. We haven't been in noncompliance. All we want to do is open for lunch. That's all we seek to do by this and we will covenant that in any which way that you require. Vice Mayor De Yurre: Let me ask this. Why - just like you were able to secure parking for after 5:00 o'clock - you haven't been able to secure parking for lunch time? Mr. Terminello: Coconut Grove Bank has its own requirements for parking during the business hours. We cannot obtain from them any parking that keeps them... Vice Mayor De Yurre: But not them, somebody else. Mr. Terminello: For a while, we... We have a lease with the Taurus Restaurant but I think that that - because it's in the SD-2 district - but I think all that will be abrogated by this action taken... Vice Mayor De Yurre: You have... But you don't have... But that lease expired or what? Mr. Terminello: No, it's still in force, which is why we were able to open up on a temporary basis. But our arrangement with the City at that time was that when either an ordinance was passed on the parking arrangement, or our variance was finally heard to its fruition that that would no longer be acceptable. Vice Mayor De Yurre: Well, won't you be able to kick into this ordinance that was just passed a moment ago? Mr. Terminello: Well, you see, that's an interesting question. Do we have to pay... Since we're only seeking it for a portion of the day, which does bring up... I was listening to the Mayor earlier list all of the good things that this ordinance is supposed to deal with, but here is another exception that was not addressed. Since we're not seeking an... so we pay good money to park and to be in compliance, but now our... Do we have to pay the same amount for our request to stay open for lunch? Vice Mayor De Yurre: Sure you do. 254 March 25, 1993 w Ar- Mr. Terminello: Could we pay into that? =� Vice Mayor De Yurre: What... Now, how long is that lease you have in the evening then? For how much longer does that run? Mr. Terminello: I'm not sure, but I'm sure we'll be able to renew it after that. Vice Mayor De Yurre: Well, but you don't want to renew it. You want to pay the $40 per space and you can use it all day. - Ms. Weber: Yeah. Mr. Terminello: But I believe it's a long-term lease. The fact of the.., Vice Mayor De Yurre: Right? Ms. Weber: Yes. What do you want something for free here? Mr. Terminello: No... Ms. Weber: I mean, maybe we should all get something for free. Mr. Terminello: No. Ms. Weber: And let's all take our pick of what we want in life. Mr. Terminello: No. Vice Mayor De Yurre: Counselor. Mr. Terminello: No, I... We had filed this application a year and a half ago before this was even thought of. Vice Mayor De Yurre: OK. Out your solution just happened a moment ago. You will pay the $40 and you can do all you want. And then just release yourself from Coconut Grove contract - whatever lease arrangement you have - and you just pay the $40 per space and that's the end of that. Mr. Terminello: I... Vice Mayor De Yurre: Man, you're great. Congratulations. F Commissioner Alonso: All day. Ms. Weber: And we'll help you. -- Mr. Terminello: Well, having been left with that as an alternative, I'm sure we'll seek it out. Right. Mayor Suarez: All right. Anything further on the motion before us? If not, please call the roll. 255 March 25, 1993 e 0 • The following resolution was introduced by Dawkins, Who moved its adoption: RESOLUTION NO. 93-212 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 6, SECTION 602, SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, TO WAIVE FORTY --FIVE (45) OF FORTY-FIVE (45) REQUIRED OFFSTREET PARKING SPACES FOR THE EXISTING RESTAURANT (TULA RISTORANTE) FOR THE PROPERTY LOCATED AT 2957 FLORIDA AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Corrcnissioner Alonso, the resolution was passed and adopted by the following votes 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. ------------------------------------------------------------------------------- 39. AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO WAIVE 10 OF 10 REQUIRED PARKING SPACES FOR THE JOHNNY ROCKETS RESTAURANT (3036 GRAND AVENUE). (Applicant: Richard Peacock. ------------------------------------------------------------------------------ Mayor Suarez: PZ-10, 3036 Grand Avenue. Ms. Lourdes Slazyk: For the record, PZ-10 is also an... Commissioner Dawkins: Move to uphold the denial. Ms. Slazyk: ...appeal of a variance denied by the Zoning Board for ten... Commissioner Alonso: Second. Ms. Slazyk: ...of ten required parking spaces for an existing restaurant at 3036 Grand. Mayor Suarez: OK. We have... 256 March 25, 1993 Ms. Slazyk: Planning, Building and Zoning Department recoffmFndation is also for decrial. Mayor Suarez: We have a motion and a second to deny and... Ms. Lucia Dougherty: We would ask for a continuance, Mr. Mayor, until this ordinance goes into effect. This ordinance... Mayor Suarez: How creative. Commissioner Alonso: She's smart, yes. Commissioner Dawkins: That's our former City... Mayor Suarez: When they've got a bat and they're holding it over your head and they're about to bash your head in, you ask... Commissioner Dawkins: ©K. Commissioner Alonso: Thank you. Mayor Suarez: ...for a postponement of the whole process. All right. Why... Ms. Dougherty: We will come into compliance one month from now when this ordinance goes into effect. In the meantime, we want to continue this case just in case something happens like Steve Helfman appeals it. Mayor Suarez: The old try to ride piggyback on your... Commissioner Dawkins: Yeah. But Steve Helfman will be appealing fora piece of land that has nothing on it. Ms. Dougherty: No, no. He's going to... Commissioner Dawkins: Johnny Rocket has something an it. That will not be Included in the whatever I draw... Ms. Dougherty: No, he's going to appeal the ordinance that you just... He's going to challenge the ordinance you just passed. Commissioner Alonso: Yes. Commissioner Dawkins: Which one? Ms. Dougherty: The one you just passed. Commissioner Dawkins: Nine and 11? Commissioner Alonso: The one we approved. Ms. Dougherty: So, I'm saying... Commissioner Dawkins: And if he challenges that... 257 March 25, 1993 Ms. Dougherty: I'm only asking that we... Commissioner Dawkins: If he challenges that, then I will not try to give him the variance on the vacant land. Come ci, comme ca." Ms. Dougherty: We would only ask that you continue it one month and we will come into compliance then. Commissioner Dawkins: OK. All right. Ms. Dougherty: And we'll withdraw the appeal. - Commissioner Dawkins: Now, what do you want? What do you want Madam _ Counselor? _ Ms. Dougherty: To continue it a month. Commissioner Alonso: A continuance... Commissioner Dawkins: You want a continuance? - Commissioner Alonso: ...to be sure that it's not challenged in court. Commissioner Dawkins: All right. Commissioner Alonso: I think we have no problem with that. Ms. Dougherty: Thank you. Commissioner Dawkins: I second. Second the continuance. _ Mayor Suarez: The idea, I guess, is so that she can take advantage of whatever it is we think Helfman might do with his client. I don't... Ms. Mary Weber: Mary Weber on behalf of the Village Council. We voted to oppose this. Mayor Suarez: OK. Commissioner Dawkins: Which one? - Mayor Suarez: The one that is right before us. Ms. Weber: The one we're on. _ Mayor Suarez: The one that she's... Ms. Weber: And the next one, too, for that matter. Commissioner Dawkins: Ten? =a Ms. Weber: They're all variances for parking. Mayor Suarez: Yeah. 258 March 25, 1993 e 0 Cor+rni ssi oner Dawkins: Oh, yes. Ms. Weber: We don't... Commissioner Dawkins: That's right. Ms. Weber: Yes. Mayor Suarez: Is... Do you see a problem with a continuance for the reasons — stated? Commissioner Alonso: And when it comes back, we will deny. Commissioner Dawkins: It will be voted down when it comes back. No problem. Ms. Weber: I think you should deny it this evening and if it at a future time it's applicable to be brought back up, then... Ms. Dougherty: Wait a minute. Ms. Weber: ...Ms. Dougherty can do so. Ms. Dougherty: You agreed with me before that you would agree to a continuance until this ordinance vent into effect. Ms. Weber: Well, I consider the ordinance to be in effect. Ms. Dougherty: It's not in effect yet. Ms. Weber: I know technically it's not in effect, but I consider... Ms. Dougherty: Well, then I can't comply with it. Ms. Weber: Lucia, I'm just giving my opinion. OK? Mayor Suarez: She changed her mind. All right. Ms. Weber: I was asked for it. I ask you for the denial. Mayor Suarez: Commissioners, we have a motion to deny before us, unless it's withdrawn. And we'll take a vo-e on that, unless it's withdrawn and a new vote... and a new motion made. — Ms. Dougherty: No, this is not. This is one in which... Commissioner Dawkins: No, it's parking. Still parking. _— Commissioner Alonso: No, it's a continuance, so she... Ms. Dougherty: ...I want to comply with the ordinance when it goes into effect 30 days from now. I'm only asking for a continuance for 30 days, until - the ordinance goes into effect, in which case I'll withdraw the appeal. 259 March 25, 1993 Commissioner Dawkins: Yeah, but... Mr. Sergio Rodriguez (Assistant City Manager): The only thing I want to remind you, if I may is that your next meeting is April 11th, which is less than 30 days from now... April 15th. So that means that you will be continuing to May, if you want to go with the continuance. Commissioner Dawkins: You know, the only problem I have with this is there has to be consistency. Now, you can't deny everybody and then come up and not deny one. OK? We've got 12 and 11, so what are we going to do? Continue those, too? Ms. Dougherty: You should. Commissioner Dawkins., So, we have to deny. I vote... Call the roll. Mayor Suarez: On the motion to deny, we have a motion and a second. Any further discussion? Do you want to... I don't want to preempt her argument. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-213 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 6, SECTION 602, SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, TO WAIVE TEN (10) OF TEN (1) REQUIRED PARKING SPACES FOR THE EXISTING RESTAURANT (JOHNNY ROCKETS), FOR THE PROPERTY LOCATED AT 3036 GRAND AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 5 AND 8, CHARLES JOHN PEACOCK, INCLUDING TRACT MARKED ALBERT V. PEACOCK, AS RECORDED IN PLAT BOOK 6 AT PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ZONED SD-2, COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. (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: 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. 260 March 25, 1993 40. AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO WAIVE 19 OF 19 =_- REQUIRED OFF-STREET PARKING SPACES FOR THE RESTAURANT TRATTORIA PAMPERED CHEF (3145 COMMODORE PLAZA). (Applicant: Walter S. Falk. Appellant. - Juan Dominguez.) ------------------------------------------------------------------------------- Mayor Suarez: PZ-11. Commissioner Dawkins: Move to uphold the denial. Ms. Lourdes Slazyk: PZ-11 is an appeal for a... I mean denial of a parking variance from the Zoning Board for 19 of 19 required offstreet spaces at 3145 Commodore Plaza. Planning, Building and Zoning Department recommendation is also for denial. Mayor Suarez: OK. Do you want to swear in the gentleman, please? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Juan Valverde Dominguez: Juan Valverde de Dominguez, PROPIETARIO DE TRATTORIA PAMPERED CHEF. I'm the owner of Trattoria Pampered Chef, 3145 Commodore Plaza. I agree to pay $40 each parking space. But I clarify I have - four parking spaces in the back and I pay for 15 parking spaces. Thank you very much. Mayor Suarez: That's on PZ-11. OK. We have a motion... Oh, no. We don't have a motion. Commissioner Alonso: Second. Commissioner Dawkins: Yes. Mayor Suarez: Do we? We do? Commissioner Alonso: Yes, to deny. Commissioner Dawkins: And second. Commissioner Alonso: Yeah. Mayor Suarez: I think we've done so many in a row that we've forgotten. But she reflects none, so please give me one. Commissioner Alonso: Yes. Commissioner Dawkins: Second. Ms. Matty Hirai (City Clerk): Commissioner Alonso, Dawkins. 261 March 25, 1993 now }P Mayor Suarez: OK. To deny, so moved and seconded. Any discussion? If not, please call the roll. Village Council want to express... You want to give them a hunch of parking, don't you? Ms. Mary Weber: Excuse me? What? Who? Were are we? Mayor Suarez: Just kidding. Just kidding. PZ-11. Call the roll. Ms. Weber: Pampered Chef? Are we... Deny. Commissioner Alonso: Eleven to deny. Ms. Weber: Deny. Commissioner Dawkins: Call 11... Call the roll, 11. The following resolution was introduced by Commissioner Dawkins, who ;moved its adoption: RESOLUTION NO. 93-214 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 6, SECTION 602, SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, TO WAIVE NINETEEN (19) OF NINETEEN (19) REQUIRED OFFSTREET PARKING SPACES FOR THE EXISTING RESTAURANT (TRATTORIA PAMPERED CHEF) FOR THE PROPERTY LOCATED AT 3145 COMMODORE PLAZA, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. (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: 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. ---------------------------------------------------------- NNOOT_E: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM FROM THE REGULAR PORTION OF THE AGENDA.] --------------------------.-------------------------------- 262 March 25, 1993 41. (Continued discussion) CLARIFICATION TO REPRESENTATIVE OF COCOANUT GROVE VILLAGE COUNCIL CONCERNING HIRING OF OUTSIDE CONSULTANT TO CONDUCT PLANNING STUDY OF COCONUT GROVE AREA AND POSSIBLE INSTITUTION OF MORATORIUM ON CONSTRUCTION IN THE GROVE. (See label 35) ------------------------------------------------------------------------------ Ms. Mary Weber: Could we please take up the question of the moratorium? Mayor Suarez: Now? Ms. Weber: Since we have everybody here. Mayor Suarez: We voted. Commissioner Alonso: We already did. Commissioner Dawkins: We voted on it. Ms. Weber: On the moratorium? Mayor Suarez: Yes. Commissioner Dawkins: Yes. Ms. Matty Hirai (City Clerk): Yes. Commissioner Alonso: Yes, to the study to... Ms. Weber: To approve it as well as the planning... Mayor Suarez: Yes, we... The City Attorney has told us that we don't do it... Commissioner Alonso: That we cannot take it differently. Mayor Suarez: ...as lawyers say, instanter. But we have to get a study and all of that kind of stuff and we've even approved $100,000. We don't know where we're going to get them from. We're going to work jointly with the Village Council to implement it... Ms. Weber: Oh, sorry. Mayor Suarez: ...bring it right back and presumably approve some form of a moratorium. Ms. Weber: Well, I think that's pretty darn nice. Thanks. And on behalf all of Coconut Grove, we thank you very much and sorry we misunderstood that. Mayor Suarez: Yes. Ms. Weber: And we'll look forward to working with you together. 263 March 25, 1993 Mayor Suarez: I think you misunderstood us, too... =— Ms. Weber. I thought... Mayor Suarez: ...when you were talking about the secession and everything... Ms. Weber: I don't think you understood... misunderstood us. Mayor Suarez: Aahl A lot of misunder... Like the movie says, what we have here is a failure to communicate. Ms. Weber: Of... Commissioner Dawkins: Twelve, 13, 14. Ms. Weber: Do we have any dates by which we're going to... Mayor Suarez: No, that was the catch. We didn't. But in fairness to us and the late hour, all I can tell you is please, keep the pressure up and let's i just get back as quickly as possible. _ Ms. Weber: OK. Maybe if we could come backt$o the next... Mayor Suarez: Do you want to try to put a date on it, Commissioner? _ Ms. Weber: Yes. Planning and Zoning... Commission meeting.., Mayor Suarez: I don't think we have to do it in a formal motion, but we do expect to hear back from staff within 60 days. Ms. Weber: OK. And... = Mr. Sergio Rodriguez (Assistant City Manager): May 27th. Mayor Suarez: All right. May 27th. Item PZ-12. Ms. Weber: I'm sorry. Mayor Suarez: That's not good enough? Ms. Weber: No, I just... I have been asked to ask you a question for clarification. Mayor Suarez: At your own risk. Ms. Weber: That question is, with the extension of the Cocowalk project... the Cocowalk project extension project, does the parking ordinance that we have just passed affect the parking on that side? Mayor Suarez: I don't know. Ms. Weber: They want to know does the moratorium affect the Cocowalk project. 264 March 25, 1993 Mayor Suarez: I think that depends on how far along they are and how quickly they move. Yes. Mr. Rodriguez: My understanding is that you are asking us to prepare all the information toward the moratorium. Mayor Suarez: Right. Mr. Rodriguez: And the special exception was heard by the Zoning Board... Ms. Lourdes Slazyk: On the 15th. Mr. Rodriguez: ...on the 15th of March. So, it will come to you on April... Ms. Slazyk: No. Mr. Rodriguez: Oh. OK, I'm sorry. I've been corrected. In order to come before you, it had to be appealed by any of the aggrieved parties. At this point, there 1s no appeal. The deadline for the appeal is Marche.. Oh, I'm sorry. This afternoon it was appealed, they tell me. Mayor Suarez: All right. I thing it's a very complicated answer. Mr. Rodriguez: Bottom line of this is that they want to have an answer on whether the Cocowalk number two is affected by the moratorium. I guess the Legal Department can answer that. My opinion is... Mayor Suarez: We don't even know what form the moratorium is going to take. It's very difficult for us to answer that. Ms. Weber: OK. Mr. Rodriguez: We don't know, right. Ms. Weber: I'm sorry I even started that whole thing. Mayor Suarez: Yeah. It's... Ms. Weber: Again, thank you very much to each and every one of you and we'll look forward to working together with you. Commissioner Alonso: That's nice. 265 March 25, 1993 42. (A) AFFIRM ZONING BOARD'S DECISION TO DENY VARIANCE TO ALLOW 6% INSTEAD OF THE 10% MINIMUM REQUIRED GREEN SPACE FOR CONSTRUCTION OF A FAST FOOD RESTAURANT (BURGER KING) AT 1101 S.W. 22 STREET. (Applicant: Jose Valle / Gull House #4 Ltd. Appellant: Burger King Corp.) (B) DIRECT CITY MANAGER TO NEGOTIATE WITH OWNER OF PROPERfY AT 1101 S.W. 22 STREET FOR POSSIBLE ACQUISITION OF SAME TO BE USED AS A NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICE. Mayor Suarez: PZ-12, appeal of the Zoning Board's decision. Ms. Lourdes Slazyk: Yeah. PZ-12 is an... Mayor Suarez: 1101 NW 22nd. Ms. Slazyk: Yeah. This 1s an appeal of a variance denied by the Zoning Board for a reduction of required green space... Commissioner Dawkins: Move to uphold the denial. Ms. Slazyk: ...for the construction of a Burger King... Commissioner Alonso: Second. Ms. Slazyk: ...on Coral Way. At the City Commission meeting of February 25th, the applicants presented... they informed the City that the plans which were presented to the Zoning Board and on file needed modifications to meet FDOT (Florida Department of Transportation) requirements. At that time, the Commission instructed staff to accept the new plans and we have and they'd like to present their modified plans tonight. Mayor Suarez: Who is here on PZ-12? Would you raise your hand? Very good. And if you intend to testify... John, are you organizing the troops here? Can you help me and make sure that we swear in any person that might be expected... Commissioner Alonso: This is going to be short and sweet. Mayor Suarez: Yeah. Commissioner Alonso: Don't overdo it. Mayor Suarez: Keep in mind that sentiment is running real high... Commissioner Alonso: This is going to be short and sweet. Mayor Suarez: ...you know, in your direction here so... Commissioner Alonso: Please. 266 Barth 25, 1993 iME Mayor Suarez: ..,without predisposing any decision this Commission might make favorable to your clients. Unidentified Speaker: Brief. Commissioner Alonso: Yes. Mayor Suarez: But make sure we have at least enough to raise hands now and be sworn in. Commissioner Alonso: We already have a motion and a second. Ms. Lucia Dougherty: You've got to pass these out to show them... Pass them out to one each... Mayor Suarez: We have already. Commissioner Alonso: Yes. He moved and I seconded. So... Mayor Suarez: OK. Swear in the applicant and the... Ms. Slazyk: For the record... AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Slazyk: Just for the record, the Planning, Building and Zoning Department recommendation for this was for approval with conditions. This is one of the few cases where hardship - there is a hardship, because of the triangular configuration of the site and the way green space is calculated there, it would be - they would not achieve reasonable use of the property with the green space requirements in the ordinance. So we recommended approval. Mayor Suarez: Ok. Counselor? Ms. Lucia Dougherty: Mr. Mayor, members of the Board, my name is Lucia Dougherty. Law offices at 1221 Brickell Avenue. I'm here today representing Jose Valle, as well as Burger King. Now, Burger King was established in Miami 1n 1954. Its first Burger King was located on 36th Street and 27th Avenue, in 1954, and the first 15 other Burger Kings were also in Miami. They employ over 470 people in Miami. They pay $164,000 a year in Miami taxes alone, and employ 2,000 other people 1n Dade County. Alien Korwith, the director of their marketing, is here, and Mario Florio, construction manager - I mean, excuse me, development manager; and Mario Florio, who is their construction manager, as well as Gene Santavinia is here. We are seeking a 777 green space variance. Ten percent of the gross lot size is required for green space. We are providing six. Now, this is a classic hardship, because this hardship is created by something very peculiar about this piece of property. That's because it's a triangularly -shaped property, sided on three sides by streets, and let me just explain that to you. The way your ordinance is - affects this piece of property is, the gross lot area is measured by the center line of the street on all three sides. Now, normally, tots only have two streets that you have to go to the center line. So your gross lot area includes the middle line of the street, thereby creating three times as much 267 March 25, 1993 gross floor area, and therefore ten percent of that creates a hardship. Ten percent of that gross lot area, including the streets which we cannot use, creates a hardship. That means that we now have to provide twice or at least one and a half times more green space on our net lot area than somebody who would not have to have three streets siding their property. This creates a unique hardship peculiar to this piece of property, which is precisely what your ordinance and the law provides for a hardship. This building that we're building is only 1,058 square feet, 1,058 square feet. The existing building on the site is only 100 feet less. It use - it was a gasoline service station. We could have a restaurant, we could have a gasoline service station with a special exception, and this particular use is very unique, because we have no indoor restaurant. It is simply a drive through. Nobody will be able to sit down, stop their car, eat inside. They could drive up, they could go inside and pick out the food if they wanted to, and then come back out, but we have no indoor restaurant. So this is a prototype in Miami. They don't have - any others in Miami. They have one in North Carolina and one in Cocoa Beach right now. So we don't have - we have two lanes to continuously keeping the traffic moving. There's a lot of stacking on site, as you can tell, so that there will be no stacking on the streets whatsoever. We have approval from DOT (Department of Transportation) which I'll send - Adrienne will pass out our DOT approval. And I'd just like to read one portion of it. It says three site plans were presented to the Department as possible alternatives. The site plan whose connection is closest to 32nd Street, 32nd Street Road could be permitted, as it maximizes the site's shortage area, 1t does not cause conflicts between the parking area and vehicles entering and exiting the site. We further have a traffic study, which I'm going to put in the record, which concludes that this site does not significantly impact the adjacent roadway system. The proposed driveway on 3rd Avenue will operate well within the bounds of acceptable standards and will not cause further degeneration of the quality of traffic flow on the facility. So we have a traffic - an independent traffic study, as well as DOT approving this site from a traffic standpoint. This existing property is an eyesore. We have homeless Folks who are living there, it's weeded, it's not a pleasant place. There is no other use that would be better for this piece of property. This is the ideal use for this property, and it does not maximize the use it could be. Miami Roads Neighborhood Association Board of Directors met and passed a resolution approving this use for this site. They did so on January 16, 1993, after we �. made a presentation to them, upon certain conditions, which we agree with. And they have said the Miami Roads Neighborhood Civic Association will approve the proposed Burger King, if and when the following conditions are met: One, Burger King will agree to contract for a one -block area surrounding the Burger King to be policed of all Burger King Trash. We agree with that. Work with the neighbors to develop a traffic plan to have the least impact to the immediate area. We agree with that. Burger King's building structure will be constructed with a motiff design to complement the immediate area. We agree with that, so long as the Planning Department is the arbiter of that design with working with the neighborhood. And Burger King will continue to contribute to the City of Miami Parks Department in an amount sufficient for -" the installation of signs designating and welcoming persons to the Roads and further ,mproving and maintaining the traffic island which is adjacent -' thereto. We agree with these conditions. We hope that you will, and we urge you to approve this use, in conformance with these conditions and those of the _. Planning Department. Thank you. -? 268 March 25, 1993 Mayor Suarez: 11 Ok. John, dry you want to put in your most brief... Mr. John Fletcher: That's so hard. Mayor Suarez: Just summarize in pithy fashion whatever it is you want to tell US* Mr. Fletcher: Ok. John Fletcher, 7600 Red Road is my office address, and I represent the neighbors who live right in this area here. As you know, this is at Five Points. It's right where there is a residential neighborhood that 1s struggling to live a normal life with all the problems it's had. The hardship issue was can address very rapidly. Under case law, hardship means that there's absolutely no other reasonable use for the property without the variance having been granted, in the absence of the variance. As Lucia has already pointed out, there was a gas station there. There could be a restaurant there. What we have, however, is a use, and you'll hear also from a land use planner, Mr. Smith, that we have here, as to what other uses are available, as well as other people speaking to this briefly. Lucia has said that this - this is the ideal use for this property. If you can imagine all these cars backing up and spewing out their exhaust fumes right across from a residential neighborhood with a loud speaker from the drive in at the Burger King as you give your orders, however you do it, with people just gathering around trying to find a place to park, to eat their burgers, because there's no place to - to go inside there. This is ,just like the Checkers, if you're familiar with the new Checker's drive through, where they just drive through on either side, pick up their order, and go out into the community and throw their trash out the windows. Which is why the other neighborhood association that is not as close to this has requested that there be policing of the area. Everybody recognizes what's going to happen to this neighborhood when this occurs. The property is - the use is just inappropriate for this residential neighborhood, and this is why the Zoning Board by seven to zero unanimously denied this particular request. And now I'd like to ask Mr. Smith to come forward, if you would. Mr. Charles W. Smith: Good evening, Mr. Mayor, Commissioners. I'm Charles W. Smith., 918 Northeast 92nd Street. I'm a certified planner and representing the Vizcaya Roads Property Owners Association this evening. This site, which is located at probably one of the most complex intersections that we have in Miami, it's called Five Points, but in fact, it's probably more like nine points. There are nine streets within a one -block area of this site that come together in this general area. Through those nine streets runs Coral Way, which is split by a divided parkway median that runs through the street, which also complicates the traffic patterns. The surrounding properties around this site were zoned commercial in the early 180s. The use of these properties, however, has never changed. They are still single-family homes, because there was no demand for the commercial space at the time, and there still isn't. They remain single-family in use, and in fact, a Planning Department study for that area in September of 192 recommended that they continue as a single- family use, rather than commercial. This site is only appropriate... Mayor Suarez: What would happen if we turned - it's a variance, right? - the variance down, and what kind of uses could be made of that little corner? Mr. Smith: That side is absolutely appropriate... 269 March 25, 1993 a 3 �j i �r� i Mayor Suarez: That would be compatible in your view. Mr. Smith: ... for an office, doctor's office, real estate offices, anything that is a low intensity, low traffic -generated use. Burger King is a very intense use for this property. Mayor Suarez: But not a service station, even though that was the historic use there? Mr. Smith: That was by special exception. In fact, historically, it was a single-family home prior to the service station being constructed. Mayor Suarez: You know, maybe it's not the time to bring it up, but that whole concept makes no sense. I mean, if you're supposed to have some kind of use there in accordance with our zoning, then we should have it, and a variance from that if there's a hardship. If not, there should be nothing like a special use exception. I don't even know what that means in the context here. If we don't want service stations there, why do we even have a special exception procedure? Anyhow, it's probably not the right... Mr. Smith: Well, this special exception for the service station has now become a precedent, and it was inappropriate then, and it's even more inappropriate now. Mayor Suarez: It was there at one point, God knows under what zoning determination or zoning code classification. All right. Vice Mayor De Yurre: Mr. Mayor, in looking - excuse me. In looking for uses for that - for that location, if this is - if this denial is upheld, 1 would make a motion for consideration here. That location would be a hell of a location to put a NET (Neighborhood Enhancement Team) office... Mr. Smith:. It certainly would. Vice Mayor De Yurre: ... for the City of Miami. There's nothing... Mr. Smith: Yes, sir. That is a primary entrance into the Roads neighborhood. Vice Mayor De Yurre: There's nothing - there's nothing close to that area as far as NET offices are concerned, and maybe we could look into getting some - some development money and purchasing that corner there and put it to that use. Mr. Smith: That's an excellent suggestion. Mayor Suarez: OK. Mr. Smith: We have also seen the Barton-Aschman study that was commissioned by the Burger King Corporation for this site. There are some comments in there that I think you ought to be aware of. One is that it says that the time to process each car through the system, through the entire system, is 2.08 minutes at peak hour. It also says that there is a probability that there will never be more than two cars in the queue at peak time. It also 270 March 25, 1993 says that the average waiting time for exiting the property onto Coral Way, which is, as I said, a parkway median;, will be five seconds at peak operating time. If a queue of more than two cars develops during any delay, a delay will occur in the entire system, which sort of contradicts what they said before. And then finally, they conclude that this development will not cause any delays to the Five Points corner intersection. I don't know how you do that. I figure most of you have probably sat 1n the line at Burger King once or twice, and I don't think you got out of there in 2.08 minutes. If this is a case, I don't know how they're going to be able to make any money if they're only going to have two cars sitting in line at peak hour, but that's their problem. I don't find that the findings of this study are particularly accurate and they were based on models, when, in fact, there were sites that could have been used for actual numbers, such as Rally's, or Checkers, or other competition that has this type of facility. This may be their first prototype, but it's certainly not the first one of its type in the City, and I think we could have gotten better numbers on this, it would have been more accurate, but we didn't get them. The developer is trying to make you believe that there is no other use for this property. This is not the case. There are plenty of other uses for it. Doctors' offices, a NET office, a real -= estate office, antique stores, anything that's going to be a much lower Intensity use is much more compatible with the neighborhood, and not an intrusion into a residential area. In closing, I hope that you all can see what this proposal is. It is not a hardship. It is simply the wrong site. Thank you. Ms. Dougherty: I would like to ask him some questions, please. Mayor Suarez: Yes. So we don't lose track of what the argument entails, if you want to answer that. Ms. Dougherty: I would like to ask him some questions if I could. Mr. Smith: Certainly. Ms. Dougherty: All of these other uses that you think would be more appropriate there, would they require an open space variance? =_ Mr. Smith: Excuse me? Ms. Dougherty: Would all of these other uses that you think would have to go there, would they require an open space variance? Mr. Smith: They probably would, but I suspect that we could do it with less than 90 - what is it - 94 percent coverage of the lot. You've got six percent of green space. I think it could be done with a lot less than 94 percent - concrete. = _ Ms. Dougherty: What size building do you think should be appropriate for that space even - as a NET office, or as a real estate office, or as a doctor's - `' office, what size building ought to go there? Mr. Smith: I don't see where that really makes any difference. It's the intensity of the use that's in question, I think. I mean, I have no problem - _ - with the commercial.... 271 March 25, 1993 Ms. Dougherty: Well., it makes a difference because of how much parking you have to get there, and therefore, how much open space you'd have to take up with parking. Mr. Smith: I think you can do something with a lot more green space than six percent. Ten percent, by the way, is the minimum. It's, you know, you can do a lot more than ten percent on other developments, but ten percent 1s the minimum set by the City. To go to six, I mean, come on. We got 94 percent concrete coverage on a lot that's in one of the most highly exposed areas of the City. Ms. Dougherty: Well, I'm just asking you. You say that these other uses are going to be more appropriate there. Mr. Smith: Yes. Ms. Dougherty: What size building? How much parking would take up the space? Mr. Smith: I really couldn't answer that. I suppose it would have to be a relatively small building. Ms. Dougherty: Then you also agree, as a planner that the use that we have proposed is a permitted use under the zoning code? Mr. Smith: I suspect that it probably is, but that doesn't make it the right use for the property. Ms. Dougherty: Ok. No further questions. Thank you. Mayor Suarez: We just had our first cross-examination in eight years of my being Mayor. Why not? Makes them feel good. All right. Commissioners, any further discussion? Bob Valador, Mr. Fletcher, it's kind of up to you, depending on... Mr. Fletcher. I think you got the message. Commissioner Alonso: Sure. Mayor Suarez: We have a motion and a second. Any further discussion? If not. please call the roll. It's to deny the - it's to uphold the appeal, right? Deny the appeal? Mr. Rodriguez: Deny the appeal. Mayor Suarez: Any further discussion? If not, call the roll. 272 March 25, 1993 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-215 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, PERMITTED PRINCIPAL USES, TO ALLOW 6% OR 4,214 SQUARE _ FEET OF GREEN SPACE (10% OR 6,958.2 SQUARE FEET -_ MINIMUM REQUIRED) FOR THE CONSTRUCTION OF A FAST FOOD RESTAURANT (BURGER KING) FOR THE PROPERTY LOCATED AT 1101 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 1, 2, 3, 4, AND 5, BLOCK 62, EAST SHENANDOAH SUBDIVISION, AS RECORDED IN PLAT BOOK 14 AT PAGE 55 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 Alonso, the resolution was 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. Vice Mayor De Yurre: Mr. Mayor, Mr. Mayor, if I may. I would move at this time that the City of Miami look into the possibility of acquiring this property or entering into negotiations with the owner, if it becomes available, for a NET (Neighborhood Enhancement Teams) office for this neighborhood. I think it's sorely needed. There's nothing close to that area. Vice Mayor De Yurre: Mr. Mayor... ,i Mayor Suarez: So moved. Do we have a second on that? Commissioner Alonso; Well, I would second that, with the condition that the i Manager identify the funding, because this is a very expensive piece of property, at the time that he comes back to us. Vice Mayor De Yurre: That's part of the process. Mayor Suarez: All right. So moved, and seconded with that proviso. Call the roll. 273 March 25, 1993 F - �f Mr. Rodriguez: I want to maybe clarify that I'm sure in your voting the way k you did, you were doing this based on all the criteria that was based to deny the variance. Mayor Suarez: I'm not even convinced of our own Planning Department's suggestion that this is a classic hardship, because the shape, because you buy the property with that shape and then that's a self-imposed hardship, so if you need that on the record. Ok. Call the roll. The following motion was introduced by Vice Mayor De Yurre, who moved its adoption: MOTION NO. 93-216 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH THE OWNER OF THE PROPERTY AT 1101 S.W. 22 STREET FOR POSSIBLE PURCHASE OF SAID PROPERTY FOR USE AS A NEIGHBORHOOD ENHANCEMENT TEAM (NET) OFFICE; FURTHER DIRECTING THE MANAGER TO IDENTIFY A FUNDING SOURCE AND TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Alonso, the motion was 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. Mayor Suarez: Yes. Item PZ-13. Mr. Valle: Mr. Mayor? Mayor Suarez: Yes, Jose. Mr. Valle: Mr. Mayor, my name is Jose Valle. I'm the owner of the property. I live in 13060 Diva Street, Coral Gables. That property is assessed at a half a million dollars. They say that we can put a doctor's office there that is less than a thousand feet. I have to rent that property, so it would be, investment -wise, beneficial, over $50,000 or $55,000 a year. I want to see what real estate office or what doctor's office is going to do that. When the City assessed it, I paid it based on the tax assessment of the City. Now, by doing this... Mayor Suarez: How much did you pay for it? Mr. Valle: I paid a quarter of a million dollars for the property. So based... 274 March 25, 1993 11 E Mayor Suarez: Mow long ago was that, ,7ose? Was that a long time ago? Mr. Valle: No, that was eight months ago, eight, nine months ago. Mayor Suarez: But it went up to twice that amount in eight months? Mr. Valle: No, because I bought it with 15 other sites and I bought in a pool from Texaco. So the property was in the market for $750,000 for a long time, and you can ask all the neighbors, and I bought 1t for 15 other sites on a $3,000,000 deal. So that's... Mayor Suarez: Oh, because it was a, what, an RTC sale again or... Mr. Valle: No, no, no. It was a Texaco. I buy a lot of properties from Texaco. So, you know, at this point, what's happening is that by doing that, basically, there's no value to the property. So there 1s a hardship. I mean, I don't mind renting it to the police department or selling 1t to the police department. I work for the police department, you know. But Burger King is a perfect tenant, I think, for this situation, and they are the ones that can pay that kind of money also for the property. So it 1s a hardship. When they say antique shops, and when they say beauty salons, they don't realize the economic value of the return. I'd be willing to rent it to any viable tenant for, you know, as long as they can get an equal amount of... Mayor Suarez: Well, there's at least one proposal up here. In fact, it was voted on favorably, to try to see if the City can acquire it for our own uses. And I don't know that we'd pay half a million dollars, but maybe we'd pay a quarter of a million dollars. Mr. Valle: Well, Burger King has an option to buy it for half a million, right now. Mayor Suarez: Right. Mr. Valle: They have an option, which they would exercise it once they're in for a year. The representative from Burger King is here. I'm telling the truth. Mayor Suarez: Well, we don't doubt that We don't doubt that. Commissioner Alonso: We don't have that kind of money. Mayor Suarez: By the way, I think your facility at 27th and U.S. 1 works incredibly well. God bless you for it. It's not necessarily 0.8 seconds or whatever it was, but a lot of days, it's awfully close to that, and bless you for it. The problem is that we're just trying to limit those kinds of uses in our community to the extent that the law allows us to, and that the people who pay our salaries want us to, and we are able to do that in this case. So how that affects you economically, I don't know. It is conceivable that, you know, maybe it wasn't a good idea to acquire it in the first place. I don't know. I have a feeling you could probably get a quarter of a million dollars for it. I don't - I'm gust guessing. I shouldn't guess. 275 March 25, 1993 T Mr. Valle: Well, but if I put a - I... They rather me past a gas station there or a... Mayor Suarez: No, I think that... Mr. Valle: No, I can put it. Commissioner Alonso: No, that's a no. Mayor Suarez: ... we said pretty clearly, no. Mr. Valle: I can put a gas station there with no variance. Mayor Suarez: I thought that it would require a special use exception. Commissioner Alonso: Special exception is needed. It's needed. Mayor Suarez: And we talked about that. I don't know if you missed that part of the discussion, and we're not inclined to give too many of those. We had a pretty rigorous day on the issue of... Mr. Valle: ... Gas stations. Mayor Suarez: ... special use exceptions and gas stations, and et cetera. Mr. Valle: All right. Okay. 43. SECOND READING ORDINANCE: AMEND 11000 TEXT: ARTICLE 6, SECTION 614, SPECIAL DISTRICT 14, 14.1 AND 14.2, LATIN QUARTER COMMERCIAL RESIDENTIAL AND RESIDENTIAL DISTRICTS -- TO REFLECT MODIFICATIONS AND LIMITATIONS IN PERMITTED PRINCIPAL USES AND STRUCTURES, CONDITIONAL PRINCIPAL AND ACCESSORY PERMITTED USES, PROPOSED SIGN LIMITATIONS AND SPECIAL PERMITS. (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------------------------------------------ Mayor Suarez: All right. On PZ-13. Mr. Sergio Rodriguez (Asst. City Manager): This is a second reading, Mr. Mayor, on an ordinance that had been already approved before, and I believe there was no controversy on this issue before. Commissioner Alonso: Move. Mayor Suarez: All right. If nobody is here to oppose PZ-13, we have a motion. Second. Read the ordinance. Call the roll. 276 March 25, 1993 AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE TEXT OF "ARTICLE 6, SECTION 614, SPECIAL DISTRICT 14, 14.1 AND 14.2, LATIN QUARTER COMMERCIAL RESIDENTIAL AND RESIDENTIAL DISTRICTS" TO REFLECT MODIFICATIONS AND LIMITATIONS IN THE PERMITTED PRINCIPAL USES AND STRUCTURES, CONDITIONAL PRINCIPAL AND ACCESSORY PERMITTED USES, PROPOSED SIGN LIMITATIONS AND SPECIAL PERMITS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Dawkins, 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. 11054. Commissioner Dawkins read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 44. SECOND READING ORDINANCE: AMEND 11000 ATLAS FOR AREA KNOWN AS SPECIAL DISTRICT 14, 14.1 AND 14.2 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS -- TO REFLECT DELETION OF SD-14.1 COMMERCIAL - RESIDENTIAL DISTRICT AND CHANGING THE SD-14.2 RESIDENTIAL DISTRICT TO READ AS SD-14.1 RESIDENTIAL DISTRICT. (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------------------------------------------ Mayor Suarez: PZ-14, moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Anyone wishing to be heard against PZ-14? Let the record reflect no one stepped forward. Call the roll. 277 March 25, 1993 €6 AN ORDINANCE - AN ORDINANCE WITH ATTACHMENT(S) AMENDING THE OFFICIAL ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE AREA GENERALLY KNOWN AS SPECIAL DISTRICT 14, 14.1 AND 14.2 LATIN QUARTER COMMERCIAL - RESIDENTIAL AND RESIDENTIAL DISTRICTS, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, TO REFLECT A DELETION OF THE SD-14.1 COMMERCIAL - RESIDENTIAL DISTRICT AND CHANGING THE SD-14.2 RESIDENTIAL DISTRICT TO READ AS SD-14.1 RESIDENTIAL DISTRICT; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, 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. 11055. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Calmmission and to the public. 45. SECOND READING ORDINANCE: AMEND 11000: (a) ARTICLE 6, SPECIAL DISTRICTS GENERAL PROVISIONS -- TO ALLOW AUTO CARE SERVICE CENTERS BY SPECIAL EXCEPTION IN SD-14 AND SD-14.1 LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICTS; AND (b) AMEND ARTICLE 25: DEFINITIONS -- TO AMEND DEFINITION FOR AUTO CARE SERVICE CENTERS. (Applicant: Planning, Building & Zoning Dept.) --------------------------------------------- --------------------------------- Mayor Suarez: PZ... Mr. Sergio Rodriguez (Asst. City Manager): PZ-15 is different. You asked us to make some corrections and - and to clarify what is minor and major -- automotive repair. ' 278 March 25, 1993 - t 4 f Commissioner Alonso: Second. Mayor Suarez: PZ-16 moved and second. Ma'am... Mr. Rodriguez: Fifteen. Commissioner Dawkins: Fifteen. Commissioner Alonso: Fifteen. Mayor Suarez: Fifteen, I'm sorry. Would you come up to the mike if you have an objection to it, or anything. Commissioner Alonso: She spoke last time, as well, yes. Mayor Suarez: Right. Would you swear in the witness, please, Madam City Clerk? AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Ms. Zelma Starkey: Gentlemen and ladies, my name is Zelma Starkey. I live at 200 Southwest 50th Avenue. I have owned property at 842 Southwest 14th Avenue 1n the Little Havana area since 1950. I am very much opposed to this particular ordinance. We have enough of the little auto service stations in that area. As I said, the last time I was up here, the Latin Quarter was specifically designated as a tourist attraction, like the French Quarter in New Orleans. We do not need any more Jiffy Lube or auto service type places as a tourist attraction. The gentleman who wishes for this particular auto service variance has already said that he is in bankruptcy at the location where he is. The purpose of granting this exception for him is because there are vacancies in the Latin Quarter. Well, if he goes bankrupt in the Latin Quarter, there's certainty going to be another vacancy, which will not be a good tourist attraction, either. So I would suggest that you do not give him this variance that he wishes. Thank you. Mayor Suarez: Anything further on this item? Mr. Vi rgi 1 io Perez: Yes, Mr. Mayor. My name is Vi rgi 1 io Perez. 1401 West Flagler. I'm representing here... Mayor Suarez: Do you support the ordinance? Mr. Perez: Yes, I'm supporting the ordinance. Mayor Suarez: You know - second reading, isn't it? Mr. Perez: Yes. Commissioner Alonso: Yes. Mr. Rodriguez: Second reading. 279 March 25, 1993 11 Mayor Suarez: Unless somebody wants to get into that testimony, Vi rgi 1 io, I have a feeling that we've noted her objections and have moved on it in the past and think that it's about the only thing we can do in this area. So we have a motion and a second. Any further discussion? If not, please read the ordinance. Call the roll, please. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING: 'ARTICLE 6, SPECIAL DISTRICTS GENERAL PROVISIONS", TO ALLOW AUTO CARE SERVICE CENTERS BY SPECIAL EXCEPTION IN SD-14 AND SD-14.1 LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICTS AND AMENDING ARTICLE 25 'DEFINITIONS" TO AMEND THE DEFINITION FOR AUTO CARE SERVICE CENTERS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 25, 1993, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, 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. 11056. 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. 280 March 25, 1993 46. SECOND READING ORDINANCE: AMEND 11000, SECTIONS 1306, 1904 AND 2109 TO PROVIDE THAT ZONING BOARD AND CITY COMMISSION CAN RESCIND / MODIFY / CHANGE ANY RESOLUTION HERETOFORE OR HEREAFTER ADOPTED WHICH GRANTS A SPECIAL PERMIT, SPECIAL EXCEPTION OR VARIANCE -- IF THE BOARD / COMMISSION FINDS THAT THERE IS A VIOLATION OF CONDITIONS 1 RESTRICTIONS I LIMITATIONS IN SUBJECT RESOLUTION, PROVIDING FOR REVIEW OF COVENANTS AND REMEDIAL ACTION. (Applicant: Planning, Building A Zoning Dept.) ------------------------------------------------------------------------------ Mayor Suarez: PZ-16... Commissioner Alonso: With covenant, right? Mr. Joe McManus: These have to do with revocation of previously granted variances or special exceptions. I'd like to note, particularly in regard to PZ-16, that the law department, upon review, found we were perhaps being overly broad and has now deleted one sentence having to do with revocation of covenants, on the basis that we were tying together a rezoning process with a voluntarily -proffered covenant. And they felt that tying those two together in this particular ordinance was inappropriate. Commissioner Alonso: So what we are doing is removing the covenants from the - ordinance? Mr. McManus: From the ordinance, right. Yes, ma'am, Commissioner. That was... Commissioner Alonso. Then what will happen with the covenants if they don't... =? Mr. McManus: Well, it is... Commissioner Alonso: It will take care of its own, so we don't have to state it here. OK. Fine. Mr. McManus: The problem was getting it down in - legally. Commissioner Alonso: We have an...All right. But it does not change anything, that if they don't comply. We have... Mr. McManus: If they don't comply we can... Commissioner Alonso: ... we have the same legal resources as we had before. Nothing changes. A Quinn Jones, III, Esq. (City Attorney): If they don't comply we can sue on the covenant. Commissioner Alonso: On the basis of... Mr. Sergio Rodriguez (Asst. City Manager): The covenant direction. 281 March 25, 1993 C Commissioner Alonso: OK, fine. I move it. Mayor Suarez: Moved. Any discussion? Is it an ordinance? Call the roll. AN ORDINANCE - If not, please please call the roll. AN ORDINANCE OF THE CITY OF MIAMI AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 13, SECTION 1306, ARTICLE 19, SECTION 1904, AND ARTICLE 21, SECTION 2109; TO PROVIDE THAT THE ZONING BOARD AND CITY COMMISSION, AS THE CASE MAY BE, CAN RESCIND, MODIFY OR CHANGE ANY RESOLUTION HERETOFORE OR HEREAFTER ADOPTED WHICH GRANTED A SPECIAL PERMIT, SPECIAL EXCEPTION OR VARIANCE IF THE BOARD OR COMMISSION FINDS THAT THERE IS A VIOLATION OF THE CONDITIONS, RESTRICTIONS OR LIMITATIONS IN THE SUBJECT RESOLUTION, PROVIDING FOR REVIEW OF COVENANTS AND REMEDIAL ACTION; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of Decmeber 10, 1992, was taken up for its second and final reading by title and adoption. On motion of Commissioner Alonso, seconded by Commissioner Dawkins, 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. 11057. 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. 282 March 25, 1993 47. SECOND READING ORDINANCE: AMEND CODE SECTION 62-35 -- PROVIDE THAT ZONING BOARD CAN RESCIND / MODIFY / CHANGE ANY RESOLUTION HERETOFORE OR HEREAFTER ADOPTED WHICH GRANTS A SPECIAL PERMIT / SPECIAL EXCEPTION / VARIANCE -- IF THE BOARD FINDS THAT THERE IS A VIOLATION OF CONDITIONS / RESTRICTIONS / LIMITATIONS IN SUBJECT RESOLUTION. (Applicant: Planning, Building 6 Zoning Dept.) Mayor Suarez: Call item 17. Mr. Joe McManus: This is a companion item, Mr. Mayor. This deals with a City code. The other one was a zoning concern. Commissioner Dawkins: Move it. Commissioner Alonso: Second. Mayor Suarez: Moved and seconded. ordinance. Cali the roll. AN ORDINANCE - Any discussion? If not, please read the AN ORDINANCE OF THE CITY OF MIAMI AMENDING THE CITY CODE BY AMENDING CHAPTER 62, SECTION 62-35; TO PROVIDE THAT THE ZONING BOARD CAN RESCIND, MODIFY OR CHANGE ANY RESOLUTION HERETOFORE OR HEREAFTER ADOPTED WHICH GRANTED A SPECIAL PERMIT, SPECIAL EXCEPTION OR VARIANCE IF THE BOARD FINDS THAT THERE IS A VIOLATION OF THE CONDITIONS, RESTRICTIONS OR LIMITATIONS IN THE SUBJECT RESOLUTION; CONTAINING AN EFFECTIVE DATE, 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 Commissioner Dawkins, seconded by Commissioner Alonso, the Ordinance was thereupon given its second and final reading by title and passed and adapted 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. 11058. 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. 283 March 25, 1993 --------------------------------------------------------------------------------- 4O. AMEND INCREMENT II DEVELOPMENT ORDER FOR THE SOUTHEAST OVERTOWN / PARK WEST DEVELOPMENT OF REGIONAL IMPACT (DRI) -- TO REMOVE CERTAIN LANGUAGE RELATING TO ACQUISITION OF RIGHT-OF-WAY FOR CONSTRUCTION OF N.W. 1ST AVENUE. (Applicant: Planning, Building 6 Zoning Dept.) ------------------------------------------------------------------------------ Commissioner Dawkins: Move 18. Mayor Suarez: Eighteen 1s moved. Commissioner Atonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. A. Quinn Jones, III, Esq. (City Attorney): It's a resolution. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-217 A RESOLUTION AMENDING THE INCREMENT II DEVELOPMENT ORDER, FOR THE SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT AS SET FORTH IN' EXHIBIT "A" ATTACHED TO RESOLUTION NO. 92-609 ADOPTED SEPTEMBER 24, 1992; MAKING FINDING THAT SAID AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION; AND APPROVING SAID AMENDED DEVELOPMENT OF REGIONAL IMPACT AND MAJOR USE SPECIAL PERMIT; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; AND DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING TO TRANSMIT COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE APPLICANT. (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: AYES: Com`rrissioner Miriam Atonso _ Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 284 March 25, 1993 49. DISCUSS AND CONTINUE (TO APRIL 155TH MEETING) PROPOSED FIRST READING ORDINANCE TO AMEND THE CODE CHAPTER 62: ZONING AND PLANNING FEES PERTAINING TO DEFINITION / CALCULATION OF DIRECTLY -AFFECTED AND GROSS BUILDING AREAS FOR MAJOR USES AND DEVELOPMENTS OF REGIONAL IMPACT (DRI) -- PROVIDE MINIMUM FEES AND EXCLUSION OF PLANNED UNIT DEVELOPMENTS = (PUD) FROM MAJOR USE SPECIAL PERMIT FEES, TO ELIMINATE DOUBLE -CHARGING. (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------------------------------------------- Mayor Suarez: Item 19, first reading. =- Ms. Katy Carlson: Good evening. I'm Katy Carlson. I'm on the staff of the — Planning Department. This 1s - PZ-18 is consideration of amending the development order for increment two of Southeast Overtown Park West developmental regional impact, to remove certain language pertaining to — acquisition of right-of-way for construction of... Mr. Sergio Rodriguez (Asst. City Manager): You're wrong. Commissioner Alonso: No, no. Commissioner Dawkins: No, no, no. We're on 19. Commissioner Alonso: We already did that. Commissioner Dawkins: It's 19 now. Ms. Carlson: I'm sorry. Commissioner Alonso: This is 19. We move fast. This is 19. Ms. Carlson: OK. Amendment to the City Code, Planning and Zoning fee schedule. The attached amendment removes certain inequities in the calculation of developments of regional impact and major use special permit amendment fees. The fees for amendment are proposed to be calculated based on square footage of the project, which is directly affected, rather than by the total gross building area of the area. Minimum amendment fees are then also reduced accordingly. One other change provides that the planned unit developments required by Ordinance 11,000 to obtain a major use special permit, are excluded from requirement for payment of major use special permit fees to eliminate a double charge. There are already fees for planned unit developments. Commissioner Alonso: Give me an example of how much will be the difference in some of the projects that are going on right now in Brickell Avenue. How much difference will it be? — Ms. Carlson: I can give you an exact example. We just had one come in this week. As a result, they've decided to postpone until this amendment goes through, should it go through. The difference is a difference in $65,000 and $10,000. 285 March 25, 1993 Commissioner Alonso: To 65? Ms. Carlson: $65,000 and $10,000. Under the new amendment, they would only pay $10,000. Commissioner Alonso: Could we find a happy medium? Ms. Carlson: The problem is, it's an inequitable way of calculating it. It's based on the total square footage of the property when... Commissioner Alonso: Well, can we find a happy middle that is legal, higher than what it is? Mr. Sergio Rodriguez (Asst. City Manager): One possibility would be that you pass today on first reading, and then between first and second reading, we can ... If we pass on first reading today, can that be increased in the second reading? Joel Maxwell (Asst. City Attorney): No. A. Quinn Jones, III, Esq. (City Attorney) No. Commissioner Alonso: We can't? Mr. Jones: Uh-uh. Commissioner Alonso: Why don't we continue then this item? Commissioner Dawkins: So moved. Commissioner Alonso: Second, yes. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. Mr. Rodriguez: Continued to April 15th, right? Commissioner Alonso: It will not create a major problem if we do this. Commissioner Dawkins: Yes, Mr. Rodriguez. THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER ALONSO, ITEM PZ-19 WAS CONTINUED TO APRIL 15, 1993 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. 286 March 25, 1993 Commissioner Alonso: I hope not, after the vote. 50. DISCUSS AND CONTINUE (TO APRIL 15TH MEETING) CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND 11000 TEXT, SECTION 2502, TO PROVIDE DEFINITIONS FOR GROSS FLOOR AREA AND DIRECTLY -AFFECTED FLOOR AREA. (Applicant: Planning, Building & Zoning Dept.) ------------------------------------------------------------------------------ Mayor Suarez: Item 20. It's a companion item? Ms. Katy Carlson: This is a companion item, yes. A. Quinn Jones, III, Esq. (City Attorney): You'll have to continue that one as well. It has to be continue as well. Commissioner Dawkins: Continue, continue. Commissioner Alonso: Move it. Mayor Suarez: Moved to continue, seconded, call the roll. THEREUPON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY COMMISSIONER DAWKINS, ITEM PZ-20 WAS CONTINUED 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. y 287 March 25, 1993 51. (A) (Continued) DISCUSSION AND RECONSIDERATION OF PRIOR VOTE TAKEN FOR DEFERRAL OF PROPOSED RESOLUTION TO AUTHORIZE EXECUTION OF AGREEMENT WITH MILIAN, SWAIN AND ASSOCIATES, INC. ($12,000) FOR ESTABLISHMENT OF A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE TELECOMMUNICATIONS SYSTEM PROVIDERS. (See label 9) (8) EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MILIAN, SWAIN AND ASSOCIATES, INC. ($12,000) FOR ESTABLISHMENT OF A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE TELECOMMUNICATIONS SYSTEM PROVIDERS. Vice Mayor De Yurre: Mr. Mayor, I'd like to reconsider CA-5. Move to reconsider. Mayor Suarez: Move to reconsider CA-5. Seconded. Call the roll on motion to reconsider. The following motion was introduced by Vice Mayor De Yurre, who moved its adoption: MOTION NO. 93-218 A MOTION TO RECONSIDER PRIOR VOTE ON DEFERRAL OF AGENDA ITEM CA-5 (PROPOSED RESOLUTION AUTHORIZING MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MILIAN, SWAIN AND ASSOCIATES, INC. [$12,0001 FOR THE ESTABLISHMENT OF A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE TELECOMMUNICATIONS SYSTEM PROVIDERS.) Upon being seconded by Commissioner Dawkins, the motion was passed and -_ adopted by the following vote: AYES: Commissioner Miriam Alonso —j Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Vice Mayor De Yurre: I move CA-5. = Mayor Suarez: Moved. All right. I'll second. = -i Vice Mayor De Yurre: OK. You're on Miller. Moved and seconded. — Commissioner Dawkins: Call the roll. 288 March 25, 1993 Commissioner Alonso: Yeah, may I ask a question? Why do we need to do this with the expertise that we have in the City of Miami? Give me a quick answer, please. Mr. Jim Kay: The prime reason is that we need an outside consultant to do this, because in order to... If we ever are challenged in a court case, we do have a document that has been prepared by an independent consultant or independent firm. The City would, if we prepared it, very likely would be considered biased on something like this. Commissioner Alonso: OK. Thank you. Mayor Suarez: Call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-219 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL -- SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF MILIAN, SWAIN & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND —_= DOLLARS ($12,000) FOR THE PURPOSE OF ESTABLISHING A TELECOMMUNICATIONS FEE SCHEDULE FOR USE OF PUBLIC = _ RIGHTS -OF -WAY BY PRIVATE TELECOMMUNICATION SYSTEM PROVIDERS; AND ALLOCATING FUNDS THEREFOR IN THE AFORESAID AMOUNT FROM PUBLIC WORKS GENERAL BUDGET, -_ �1 ACCOUNT CODE NO. 310101-340. R (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: J AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins i Vice Mayor Victor De Yurre _ Mayor Xavier L. Suarez NOES: r� None. ABSENT: Commissioner J. L. Plummer, Jr. e 289 March 25, 1993 52. DIRECT ADMINISTRATION TO CONDUCT A MARKETING STUDY OF SIDEWALK CAFES IN ECONOMICALLY DEPRESSED AREAS OF THE CITY FOR POSSIBLE GRANTING OF RELIEF TO AREAS THROUGH ASSESSMENT OF LOWER FEES IN CONNECTION WITH SAID CAFES. Commissioner Alonso: May I take quickly one item that I consider... Commissioner Dawkins: You got a packet item? Go right ahead, madam. Commissioner Alonso: Thank you. This is in reference to the sidewalk cafe in Little Havana, the only one that we have. It's El Pub Restaurant. They had been asked to pay $27,000. It seems to me that if we are trying to promote an area, 1f we are trying to develop the area and get other businesses to open sidewalk cafes, we cannot put an excessive burden on the people who are trying to develop the area. It seems to me that this fee that is asked in this location is uncalled for, and we should really waive these fees that he has been asked to pay, $27,000. Vice Mayor De Yurre: What does he pay per square foot? Commissioner Alonso: Twenty. Mr. Wally Lee (Asst. City Manager): $20, Commissioner. Commissioner Alonso: I think that we created the district for the Little Havana area. If we are going to do that... And I'm doing this on the basis that, for example, Coconut Grove. Go back 13 years ago, when they started. They were not paying any fees. They were not. Were they paying 13 years ago? Ten years ago? Were they paying? Mr. Joel Maxwell: We didn't have a sidewalk cafe ordinance ten years ago. It didn't go back that far. Vice Mayor De Yurre: No, but I think there's a point to be made that, certainly, you can't command the same amount of monies from like 8th Street, compared to Cocowalk and, you know, the Coconut Grove area. Mr. Maxwell: What happened was about two years ago, this issue came up, and I believe E1 Pub was the basis for it at that time, and the Commission passed an amendment to the sidewalk cafe ordinance that created the community redevelopment target area exemption waiver, rather, for the initial permit fee. And El Pub took advantage of that, along with, I imagine, others, as well, and their permit fee was waived for the initial period. It's my understanding that El Pub hasn't paid, and is the sole sidewalk cafe in the City now that has not paid its sidewalk cafe permit fee. Vice Mayor De Yurre: Are you telling me that others have paid, or that there aren't any others? Mr. Maxwell: The others that were subject to the ordinance have paid; is that correct? 290 March 25, 1993 Mr. Jim Kay: That is correct, yes. Commissioner Alonso: In Coconut Grove. located in Coconut Grove. Mr. Maxwell: This is City... Commissioner Alonso: This is the only one... Mr. Maxwell: In the whole City... Mr. Lee: They're the only ones on 8th Street. That's correct. Commissioner Alonso: If we are trying to promote the area... If we are trying to get something done to that area, we have to make exceptions. Vice Mayor De Yurre: Maybe we can get a barter and exchange it for Cuban sandwiches. Mr. Virgilio Perez: Not only that, Commissioners. I'm - my name 1s Virgilio Perez. I'm representing the Latin Chamber of Commerce. I do agree with you. The Little Havana area is - it's one of the areas, one of the most poverty level area that we have and we don't have any more cafes like that because we can't afford to have them. So we need a little help from you people to comply and get more business over there, and have some livelihood in that area. So I really appreciate you thinking about that 8th Street. Vice Mayor De Yurre: Were you the one who didn't want 56 politicians? Commissioner Alonso: So I will move that we waive these fees, and that we come back with an ordinance that will apply to the area of Little Havana, where we can give a special fee for the sidewalk cafe in that area. It's the only way we will create the incentive to people to open sidewalk cafes, and be beneficial to the area. I cannot compare Little Havana with Coconut Grove. It's not fair, it's not gust, it's not the same. When they started, they were not paying anything. If you look at Miami Beach, the way they are developing the area, they are charging them minimal amount. What are we trying to do? Do we want that the area of Little Havana do better? Or we don't give them a fighting chance? The only way we can do it is by creating an ordinance that will give an incentive to these businesses in the area of Little Havana. Otherwise, it will not happen. Mr. Maxwell: You are correct, Madam Commissioner, that that would be the correct way to do it. However, you don't have authority, this Commission does not have authority to waive those fees at this time. The only way that you could do that would be to direct staff to go back into this situation, review it, and come back with an ordinance that might address the issue that you have -- before you, and address Little Havana on an individual basis, if there is a rational basis for distinguishing the Little Havana area from the rest of the = — City. If you cannot find that distinction and base a rational basis for that distinction, well, then, you have an equal protection problem. But the way to do it is to leave the fees now in place on E1 Pub, with E1 Pub being responsible for those fees - maybe not paying them, but being responsible and 291 March 25, 1993 should pair them - they are liable at this time, but then direct staff to look into an ordinance that would address not only the Little Havana but other areas of the City that are economically depressed, and provide some solution. But that would have to be done at a future date. Vice Mayor De Yurre: Well, can we direct a marketing study... Mr. Maxwell: Yes, sir, that would be the way to do it. Direct that we took into a way, a study or something to provide the relief that you want. Vice Mayor De Yurre: Commissioner, it's something to base your decision to make a difference, to differentiate between one area and another... Commissioner Alonso: Of course. Vice Mayor De Yurre: ... So you have to back it up on something. Commissioner Alonso: Of course. Mr. Perez: Commissioner, I would suggest, like the Village Council worked with staff on the Coconut Grove, the Latin Chamber of Commerce will be willing to work with staff on this ordinance and this study. Vice Mayor De Yurre: With you guys? Mr. Perez: Sure. We need to help the business people in Little Havana. We have to. Vice Mayor De Yurre: Whatever, but I think we... Commissioner Alonso: Yeah. So we instruct the Administration to do that and come back to us. Vice Mayor De Yurre: ... need to have a basis to differentiate. Mr. Perez: That - that's right. Commissioner Alonso: How soon can you come back to us? Mr. Maxwell: Let's see. We got ... Mr. Rodriguez: Can you direct us to have a study and a recommendation of an ordinance by May 13? Mr. Perez: Yes, but I would like to work with them. The Chamber of Commerce, CAMACOL would like to work with them on that. Mr. Rodriguez: The Administration will work with them. Commissioner Alonso: Of course, yes. OK, I so move and all you have to do is walk through the area and you will see... Mr. Perez: Yes. 292 March 25, 1993 Vice Mayor De Yurre: Second. Commissioner Alonso: Yes. Yes, I so move... Mayor Suarez: Seconded. Any further discussion? If not, please call the roll. The following motion was introduced by Commissioner Alonso, who moved its adoption: MOTION NO. 93-220 A MOTION DIRECTING THE ADMINISTRATION TO CONDUCT A MARKETING STUDY OF SIDEWALK CAFES IN ECONOMICALLY DEPRESSED AREAS OF THE CITY (SUCH AS LITTLE HAVANA) IN ORDER TO STUDY THE FEASIBILITY OF GRANTING RELIEF TO SAID AREAS THROUGH THE ASSESSMENT OF LOWER FEES IN CONNECTION WITH SAID CAFES; FURTHER INSTRUCTING THE ADMINISTRATION TO WORK WITH THE L.ATIN CHAMBER OF COMMERCE ON THIS ISSUE AND COME BACK WITH A PROPOSED ORDINANCE ON THE MAY 13, 1993 AGENDA. 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 Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Mayor Suarez: We are adjourned. 293 March 25, 1993 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMISSION. THE MEETING WAS ADJOURNED AT 9:09 P.N. ATTEST: Natty Hirai CITY CLERK Waiter J. Fooman ASSISTANT CITY CLERK Xavier L'. Suarez NAY.OR s .t � DNCORY�+�R:\T6I) i8 � 96 294 March 25, 1993