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HomeMy WebLinkAboutCC 1993-05-27 Minutes• • CITY OF MIAMI is 96 commissio X :q N U T OF FEETING HELD ON MAY 27, 1993 PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI ,City Clerk INDEX MINUTES OF REGULAR MEETING May 27, 1993 ITEM SUBJECT LEGISLATION NO. 1. BRIEFLY DISCUSS AND WITHDRAW PROPOSED DISCUSSION RESOLUTION TO WAIVE PROHIBITION 5/27/93 CONTAINED IN CITY CODE AS IT APPLIES TO RICHARD A. BUNNELL, WHO SERVES ON THE MIAMI WATERFRONT BOARD, IN RELATION TO REPAIR OF DINNER KEY MARINA. 2. DISCUSSION CONCERNING THE BAYFRONT PARK DISCUSSION SOUTH END CONSTRUCTION PROJECT -- 5/27/93 DIRECT ADMINISTRATION TO REQUEST PROPOSALS. 3. BRIEF DISCUSSION CONCERNING POSSIBLE DISCUSSION CHANGE OF DATE FOR HOLDING THE JUNE 5/27/93 COMMISSION MEETINGS. (See label 10) 4. (A) BRIEF COMMENTS CONCERNING DELIVERY R 93-336 OF THE NEW PROPOSED BUDGET TO CITY 5/27/93 COMMISSIONERS. (B) DISCUSSION CONCERNING THE NEIGHBORHOOD ENHANCEMENT TEAMS (NET) PROGRAM -- STIPULATE THAT ANY INCREASE OR CONSIDERED EXPANSION OF THE NET PROGRAM MUST FIRST BE BROUGHT BEFORE THE CITY COMMISSION FOR ITS CONSIDERATION AND APPROVAL. (See label 23) 5. DISCUSSION BY COMMISSIONER PLUMMER DISCUSSION CONCERNING ARTICLE APPEARING IN TODAY'S 5/27/93 MIAMI HERALD IN CONNECTION WITH ALLEGED POLICE BRUTALITY TOWARD ANTONIO EDWARDS. PAGE NO. 1-2 2-5 AV 6-18 18-21 6. EXECUTE INTERLOCAL AGREEMENT WITH R 93-337 METROPOLITAN DADE COUNTY AND 5/27/93 MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED AREA OF DADE COUNTY TO' PROVIDE FOR DISTRIBUTION OF A PORTION OF THE DADE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES. 7. ACCEPT PLAT: HIGHLAND PARK DRIVE R 93-338 SECTION THREE. 5/27/93 6. INITIAL APPOINTMENT OF MEMBERS TO THE M 93-339 COCONUT GROVE PARKING ADVISORY 5/27/93 COMMITTEE. (Appointed were: Tom Moore, Randy Hill, Robert Masrieh.) 9. (A) DISCUSS AND DEFER (TO JUNE 22ND) M 93-340 CONSIDERATION OF PROPOSED RESOLUTION TO 5/27/93 ENTER INTO AGREEMENT WITH COCOANUT VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING STUDY. (Note: Meeting date was later changed to June 29th.) (B) EXPRESS CRITICAL VIEWS CONCERNING CONDUCT OF COCONUT GROVE VILLAGE COUNCIL MEETINGS. 10. (A) COMBINE BOTH REGULAR AND PLANNING M 93-341 AND ZONING COMMISSION MEETINGS INTO.ONE R 93-342 MEETING TO BE HELD ON JUNE 22, 1993. 5/27/93 (B) RESCHEDULE BOTH COMMISSION MEETINGS IN JUNE TO TAKE PLACE ON JUNE 29, 1993. ii. (Continued Discussion) DEFER TO NEWLY- M 93-343 SCHEDULED JUNE 29TH COMMISSION MEETING 5/27/93 CONSIDERATION OF AGENDA ITEM 7 (PROPOSED RESOLUTION TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING STUDY). (see labels 9 b 12. (A) DISCUSSION CONCERNING PROPOSED DISCUSSION LOCATION FOR CONSTRUCTION OF THE 5/27/93 PERFORMING ARTS CENTER. (B) COMMISSIONER PLUMMER REQUESTS ADMINISTRATION FOR UPDATE ON THE PORT OF MIAMI SITUATION. 22-26 26-27 27-31 32-49 50-54 54-55 55-58 • C, 13. PERSONAL APPEARANCE BY MS. BETH LANG, M 93-344 58-60 EXECUTIVE DIRECTOR OF BETTER WAY OF 5/27/93 MIAMI, INC. TO REQUEST INCREASE IN FUNDING FROM THE LAW ENFORCEMENT TRUST -- IN CONNECTION WITH ITS FAMILY OUTREACH EDUCATION AND COUNSELING SERVICES TO FAMILY MEMBERS OF BETTER WAY'S CLIENTS. 14. AMEND 93-319 -- COMMISSIONER PLUMMER R 93-345 60-61 APPOINTS EMILIO LOPEZ IN PLACE OF PABLO 5/27/93 PEREZ-CISNEROS TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., GIVEN MR. CISNEROS' INABILITY TO SERVE. 15. OFFER CITY OF MIAMI INDUSTRIAL R 93-346 61-74 DEVELOPMENT REVENUE REFUNDING BONDS, 5/27/93 SERIES 1993 (BAYSIDE CENTER LIMITED PARTNERSHIP PROJECT) IN AGGREGATE 'PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 -- TO REFUND CITY'S OUTSTANDING INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (BAYSIDE CENTER LIMITED PARTNERSHIP PROJECT) IN CONNECTION WITH ISSUANCE OF SERIES 1993 BONDS. 16. DISCUSSION CONCERNING POSSIBLE DISCUSSION 74-84 DESIGNATION OF A PORTION OF 5/27/93 BICENTENNIAL PARK AS A SAFE ZONE FOR HOMELESS -- DIRECT ADMINISTRATION TO RESEARCH WHETHER CITY CAN DESIGNATE A SMALLER AREA -- REQUEST ADMINISTRATION TO COME BACK WITH CREATIVE RECOMMENDATION. 17. OFFICIALLY CLOSE / VACATE / ABANDON / R 93-347 84-96 DISCONTINUE PUBLIC USE OF PORTION OF 5/27/93 S.W. 9 STREET FROM EASTERLY RIGHT-OF- WAY LINE OF S.W. 31 AVENUE TO EASTERLY TERMINUS OF S.W. 9 STREET AND THAT PORTION OF S.W. 10 STREET FROM EASTERLY RIGHT-OF-WAY LINE OF S.W. 31 AVENUE TO EASTERLY TERMINUS OF S.W. 10 STREET -- AS A CONDITION OF TENTATIVE PLAT TAMIAMI SHOPPING CENTER. (Applicant: Tamiami Shopping Center) 16. (A) AMEND PREVIOUSLY APPROVED R 93-348 96-105 DEVELOPMENT OF REGIONAL IMPACT (DRI) R 93-348.1 DEVELOPMENT ORDER -- FOR THE LINCOLN / 5/27/93 BASHER PR03EC7 AT 701 BRICKELL AVENUE (BARNETT TOWER) -- BY SUBSTITUTING A RESTAURANT WITH A HEALTH CLUB. (Applicant: Taylor b Mathis of Florida, Inc. / Brickell Assoc.) (B) ACCEPT VOLUNTARY CONTRIBUTION MADE BY APPLICANT, TAYLOR i MATHIS OF FLORIDA, INC.'($10,000). 19. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION 105-108 CONSIDERATION OF PROPOSED RESOLUTION TO 5/27/93 APPEAL ZONING ADMINISTRATOR'S DECISION THAT A HIRING HALL TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND IS NOT A PERMITTED USE UNDER THE SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL ZONING DISTRICT. (Applicant / Appellant: Labor Force of Dade County, Inc.) (See label 21) 20. UPHOLD ZONING BOARD'S DECISION TO DENY R 93-349 108-121 VARIANCE TO ALLOW A REAR YARD SETBACK 5/27/93 FOR AN EXISTING ACCESSORY STRUCTURE TO A SINGLE FAMILY RESIDENCE AT 636 N.E. 68 STREET. (Applicant / Appellant: George Clark Smith.) 21. (Continued) DISCUSS AND CONTINUE FOR M 93-350 121-137 FURTHER INFORMATION (TO JUNE 29TH 5/27/93 MEETING) PROPOSED RESOLUTION TO APPEAL ZONING ADMINISTRATOR'S DECISION THAT A HIRING HALL TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND IS NOT A PERMITTED USE UNDER THE SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL ZONING DISTRICT. (Applicant / Appellant: Labor Force of Dade County, Inc.) (See label 19) 22. CITY COMMISSION MAKES A FINDING OF R 93-351 PREJUDICE AGAINST THE APPELLEE AND 5/27/93 ENTERS DECISION TO DISMISS APPEAL BY ALAN D. NOBLEY, OF GWFT (FOR FAILING TO STATE GROUNDS IN ITS NOTICE OF APPEAL, AS REQUIRED UNDER PERTINENT ORDINANCE) OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD WHICH WOULD ALLOW PARKING FACILITIES FOR CONTINGUOUS USES TO ALLOW ADJOINING LOTS AT 3043-3059 GRAND AVENUE TO COMBINE PARKING FACILITIES. (Applicant: Jean-Claude Verite / Grand Oak Ltd. Partnership.) 23. COMMISSIONER ALONSO REQUESTS DISCUSSION INFORMATION FROM ADMINISTRATION 5/27/93 CONCERNING -THE NET PROGRAM. (See label 4B) 24. (A) DENY PROPOSED SECOND READING M 93-352 ORDINANCE TO AMEND 10544 BY DELETING 5/27/93 PLANNING / PROGRAMMING / IMPLEMENTATION / FUNDING FOR PROVISION OF SANITARY SEWERS IN SOUTHERN PORTION OF COCONUT GROVE. (Applicant: Planning, Building a Zoning Dept.) (B) DISCUSSION CONCERNING METRO-DADE WATER AND SEWER AUTHORITY'S MORATORIUM ON ANY NEW CONNECTIONS OR LINKAGE, TO THE CENTRAL WASTE WATER DISTRICT. 137-154 154-155 156-172 11 25. (A) DISCUSS AND CONTINUE (TO A MEETING M 93-353 NO LATER THAN JULY 22, 1993) M 93-354 CONSIDERATION OF PROPOSED FIRST READING 5/27/93 ORDINANCE TO DECLARE A MORATORIUM ON DEVELOPMENT ACTIVITY IN THE COCONUT GROVE AREA (BOUNDED BY BISCAYNE BAY TO THE S.E., RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY TO THE N.E., S. DIXIE HIGHWAY (US 1) TO THE N.W. AND THE CITY LIMITS ON THE WEST AND SOUTH). (Applicant: Planning, Building & Zoning Dept.) (B) (Continued discussion) RECONSIDER PRIOR VOTE TO CONTINUE AGENDA ITEM 7 (PROPOSED RESOLUTION TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING STUDY). (See labels 9 & 11) (C) CONTINUE (TO A MEETING NO LATER THAN JULY 22, 1993): (a) PROPOSED FIRST READING ORDINANCE DECLARING A MORATORIUM ON DEVELOPMENT ACTIVITY IN THE COCONUT GROVE AREA; AND (b) PROPOSED RESOLUTION TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING STUDY. 26. DIRECTIVE: COMMISSIONER PLUMMER DISCUSSION DIRECTS ADMINISTRATION TO NOTIFY 5/27/93 NEIGHBORS IN NATOMA MANOR / BAY HEIGHTS THAT THE DATE OF THE SECOND COMMISSION MEETING IN JUNE HAS BEEN CHANGED. 27. DENY APPEAL AND AFFIRM ZONING R 93-355 ADMINISTRATOR'S DECISION TO REVOKE 5/27/93 CERTIFICATE OF USE NO. 92-0831 (ISSUED ON JULY 9, 1992), WHICH ADDED A LIQUOR STORE TO AN EXISTING RESTAURANT / Appellant: Rafael Rolando Gonzalez.) 28. DISCUSSION CONCERNING MR. BILLY R 93-356 HARDEMON'S MARKET AT 5500 N.W. 17TH 5/27/93 AVENUE -- INSTRUCT ADMINISTRATION TO GO TO THE COURT HOUSE STEPS JUNE 17, 1993 TO BUY PROPERTY AT 5500 N.W. 17TH AVENUE, CURRENTLY. IN FORECLOSURE -- INSTRUCT ADMINISTRATION TO STRUCTURE A PLAN FOR OPERATION OF THE BUSINESS, ETC. 173-181 182 182-214 214-238 29. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 239-240 ARTICLE 25, TO PROVIDE A DEFINITION FIRST READING FOR: (a) GROSS FLOOR AREA; AND (b) 5/27/93 DIRECTLY -AFFECTED FLOOR AREA. (Applicant: Planning, Building 8 Zoning Dept.) 30. FIRST READING ORDINANCE: AMEND CODE ORDINANCE 240-242 SECTION 62-61(5) -- TO PROVIDE THAT FIRST READING FEES FOR AMENDMENTS TO MAJOR USE 5/27/93 SPECIAL PERMITS (MUSP) SHALL BE BASED UPON DIRECTLY AFFECTED FLOOR AREA, RATHER THAN GROSS BUILDING AREA -- TO PROVIDE FOR A MINIMUM FEE OF $5,000 FOR PROJECTS NOT CLASSIFIED AS DEVELOPMENTS OF REGIONAL IMPACT (DRI), AND A MINIMUM FEE OF $10,000 FOR PROJECTS CLASSIFIED AS DRI, ETC. (Applicant: Planning, Building & Zoning Dept.) 31. EMERGENCY ORDINANCE: AMEND CODE ORDINANCE 242-245 SECTION 14-26(C) (1) TO PROVIDE THAT 11064 MEMBERS OF THE EXECUTIVE COMMITTEE OF 5/27/93 THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) SHALL BE APPOINTED BY THE CHAIRPERSON OF THE DDA AND SHALL SERVE A TERM CONCOMITANT WITH THE TERM OF SAID APPOINTING CHAIRPERSON. 32. ACCEPT GRANT ($280,107) FROM STATE OF R 93-357 245-246 FLORIDA DEPARTMENT OF HEALTH AND 5/27/93 REHABILITATIVE SERVICES (HRS) TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED -- EXECUTE NECESSARY DOCUMENT(S). 33. ESTABLISH SPECIAL CHARGES / TERMS / R 93-358 246-247 CONDITIONS FOR USE OF BICENTENNIAL PARK 5/27/93 BY CELLAR DOOR CONCERTS OF FLORIDA, INC. -- TO PRESENT LIVE CONCERT AS PART OF NATIONWIDE LOLLAPALOOZA TOUR (WITH PROVISOS). 34. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 248-250 TEXT, ARTICLES 4, 6, 9, 13, 17, 19, 22 FIRST READING AND 25 TO CURE IMPERFECTIONS WHICH 5/27/93 BECAME APPARENT THROUGH ADMINISTRATION OF SAID ORDINANCE. • 35. FIRST READING ORDINANCE: AMEND 11000 ORDINANCE 250-251 TEXT, ARTICLES 4, 9 AND 25, PERTAINING FIRST READING TO CLARIFICATION OF CROSS REFERENCING 5/27/93 OF USES BETWEEN DISTRICTS AND REGULATIONS REGARDING COMMUNITY BASED RESIDENTIAL FACILITIES. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th day of May, 1993, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 2:37 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Mayor Xavier L. Suarez Cesar Odio, City Manager Quinn Jones, II1, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Commissioner Miriam Alonso Vice Mayor Victor De Yurre An invocation was delivered by Mayor Suarez who then led those present 1n a pledge of allegiance to the flag. 1. BRIEFLY DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO WAIVE PROHIBITION CONTAINED IN CITY CODE AS IT APPLIES TO RICHARD A. BUNNELL, WHO SERVES ON THE MIAMI WATERFRONT BOARD, IN RELATION TO REPAIR OF DINNER KEY MARINA. ------------------ r Suarez: I assume we have no ceremonial items and no... OK. Does any Commissioner have any...? In that case, we may as well go to item 1. Mr. Cesar Odio: (City Manager): It's been withdrawn, Mr. Mayor. Mayor Suarez: Item 1 is withdrawn. That takes care of that. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, can I just make a... 1 May 27, 1993 0 • Mayor Suarez: Yes. Mr. Jones: Just a... Mayor Suarez: City Attorney. Mr, Jones: For the record, I didn't have the benefit of the Commission on Ethics' opinions when I gave you an opinion at the last meeting. Since that, I did review it, and of course, in accordance with the Commission on Ethics' opinion, there is no conflict which requires a waiver. Mayor Suarez: OK, very good. Commissioner Plummer: Mr. City Attorney, I hear you talking, but let me tell you something. I found it, and still find it, that a member that serves on a City Board, I don't care who you are, would think that that person has an advantage or a step up. I think it is only right, in my estimation, as I have seen and done on this Commission before, that if a person is going to be the recipient of a profit, that they should stipulate on the record, prior to submittal, for this Commission to either approve or disapprove a waiver. We've done it day in and day out. I have to tell you, as I told you before, that I was very surprised when this item came before this Commission, and we were not informed until the time of the public hearing that here, work to be done on the marina behind, that the recommended awardee was a subcontractor and a member of the City of Miami. Waterfront Board. Now, you know, maybe there's a difference between a subcontractor and a contractor, but I'm saying that for my vote 1n the future, sir, I think it is only normal and proper procedure that we put the facts up on top of the table so that we don't have to worry about an odor at a later time. Mr. Manager, we give waivers around here all of the time, and I'm just saying to you, I think it's the proper way it should be done, and I would hope in the future it would be. Mayor Suarez: All right. And I fully agree.. 2. DISCUSSION CONCERNING THE BAYFRONT PARK SOUTH END CONSTRUCTION PROJECT --DIRECT ADMINISTRATION TO REQUEST PROPOSALS. Mayor Suarez: Item 2, concerning the Bayfront Park south end construction project. I certainly see some activity regarding the challenger. I don't - but I presume you want to tell us about that? Commissioner Plummer: No, this is not that, Mr. Mayor. This is different. This is the improvements in part of the park plan. I asked for it to be put on, and the reason I did, Mr. Mayor, as I told Wally earlier this afternoon, I've been on Bayfront Park Trust now for two years. Commissioner Dawkins: Are you bragging or complaining? Commissioner Plummer: Both. 2 May 27, 1993 Commissioner Dawkins: OK, no problem. Commissioner Plummer: And, you know, all we hear is, when is the south end going to be done? When is the south end - and I'm not trying to point a finger. I think Wally Lee has tried to do a good job, but he's got so damned many people that he's got to check with this one and check with that one, that what can this Commission do to say, hey, whatever it is, let's get it finished. And so I asked Mr. Lee to cane here today, if he had any recommendations to this City Commission, that we can absolutely go forth and get it finished. If we can't do the full cake that we'd like, let's at least do 80 percent of the cake. But there's got to be some way that we can bring this thing to a conclusion. Mr. Lee, take it from there. Mr. Wally Lee (Assistant City Manager): Mr. Mayor and Commissioners, I think we finally can see the light at the end of the tunnel. Right now, the completions of the plans is about finished. On June 14th, we will advertise formal bids. We expect to receive the bids from contractors on June the 30th, and come to the Commission on the first meeting of July, July 8th, for an award of.the contract. Commissioner Plummer: All right. Is that... Mr. Lee: We also... Commissioner Plummer: Go ahead. Mr. Lee: We've also structured the bid, Commissioners. Obviously this is for the whole package, but we structured it in such a manner that we can pick and choose from the whole package and at least get something going down there. Commissioner Plummer: OK. If - the bids come back in, you say in July? Mr. Lee: We will receive them June 30th, Commissioner. They come to the Commission July 8th. Commissioner Plummer: All right. Give - on July the 8th,. the bid should be awarded by this Commission? Mr. Lee: Yes, sir. Commissioner Plummer: All right. Can you give me on the record an estimated time of construction? Mr. Lee: I'll give you my best guesstimate, Commissioner. Commissioner Plummer: Please. Mr. Lee: Approximately seven months. Commissioner Plummer: Seven months. So let's say, then... Mr. Lee: From the minute we award it and sit down... Commissioner Plummer: What about the Orange Bowl? 3 May 27, 1993 Mr. Lee: Pardon? Commissioner Plummer: What about the Orange Bowl? Mr. Lee: Well, we'll have to take a look at it, then, if you're going to have the... Commissioner Plummer: Well, the parade, and all the activities downtown. Mr. Lee: Well, the parade really won't be affected by this, because we'll be pretty far in. Commissioner Plummer: OK. Mr. Lee: All right. Now, if they have any type of event... Mayor Suarez: All right, that's fine. That answers the question. If you can do it in a way that it won't affect the parade, that's one less concern. OK. Commissioner Plummer: All right. So Mr. Katz, would you please then get a memo out to the members of the board that we definitely expect, on the promise of Mr. Wally Lee, who lies, and Mr. Odio swears to it, that we will have the bids on the 30th of June awarded on July the 15th and seven months for completion. Mr. Lee: Eighth. Commissioner Plummer: Excuse me? Mr. Lee: July the 8th. Commissioner Plummer: July the 8th, thank you. Mayor Suarez: And with those kind of timetables, try to work within those kind of timetables, Wally, so that if at any point you get behind, it's a tittle bit like the - I think we've done two things where we stuck to a timetable. One was Coconut Grove Exhibition Center, where we knew we had a function, so we had to finish it on time, and we kind of worked our way back from the ending moment completion estimate; and the Range Pool. But we'd like to do that in more cases, including at some point, if you need Commission action on something to expedite it, letting us know that we're not meeting the timetable, and that way, we don't have to be asking, because people are asking us. But you trigger that information to us. And Mr. Manager, if you would do It in the fashion, it would be a lot less pressure on us. Commissioner Plummer: Mr. Mayor, one of the problems, as you know, this was money that came down from the State of Florida, Senator Jack Gordon. It started out as a million and a half dollars. After everything is said and done, they refixed the fountain and everything, all of the money that's been deducted from it, this project is now estimated to be in the neighborhood of $800,000. Mr. Lee: $820,000, that's correct, Commissioner. 4 May 27, 1993 Commissioner Plummer: $820,000. So we've - by procrastination, or call it whatever you may, the project is now $700,000 less than what was anticipated two years ago. Mayor Suarez: Which may not be all that bad, because maybe it was a bit too much in the first place. Commissioner Plummer: Well, yeah. Mayor Suarez: In any event, there's some disagreements on that, I suppose. Commissioner Plummer: I'm sure. All right, sir, thank you. Mayor Suarez: I agree. There we go. Commissioner Alonso's item on Beth Lang. I don't see Beth, but... ------------------------------------------------- NOTE FOR THE RECORD: Commissioner Alonso entered the meeting at 2:41 p.m. ------------------------------------------------- Commissioner Alonso: Uh-huh, is she here? She's not here so just move on. Mayor Suarez: OK. We'll take it up at the appropriate time. ------------------------------------------------- NOTE FOR THE RECORD: At this time, agenda item was called for consideration. Record was marked to reflect no appearance by interested parties on said issue at that time. (See label 13) ------------------------- ---- ----- --------- -- ---- ---------------------- 3. BRI.EF DISCUSSION CONCERNING POSSIBLE CHANGE OF DATE FOR HOLDING THE JUNE COMMISSION MEETINGS. (See label 10) ----------------------------------------------------------------------------- Commissioner Dawkins: Mr. Mayor, Mr. Mayor. Mayor Suarez: Yes, Commissioner Dawkins. Commissioner Dawkins: I'd like to ask the Commissioners to see - look at their calendars to see if the June meeting can be moved from the 14th or the 15th from the 17th, and when Commissioner De Yurre comes, I'd like to recommend that. If not, then I will miss the 17th meeting. Mayor Suarez: Very good. The manager is suggesting... Commissioner Plummer: June the 14th is a holiday. Mr. Cesar Odio (City Manager): Would you rather combine them to... 5 May 27, 1993 Commissioner Dawkins: No, I don't know. Mr. Odio: To the 24th? Commissioner Dawkins: I wouldn't have a problem with that, but I don't know about the rest of them. Mr. Odio: Can I - let me check the agenda and I'll let you know. Mayor Suarez: Please, and make sure that it's not one of those marathon days. Commissioner Plummer: Can you do it to June the 22nd; combine both meetings to June 22? Commissioner Dawkins: Yes. Mr. Odio: Yeah, fine. Let me look and see if I can combine them first. Commissioner -Dawkins: Yes, that would be fine. Commissioner Plummer: That's all right with me. That would be great. Commissioner Dawkins: That's great. Mayor Suarez: That's a little bit less lapse of time between now and the double meeting. OK. Tentatively June 22nd... 4.(A)BRIEF COMMENTS CONCERNING DELIVERY OF THE NEW PROPOSED BUDGET TO CITY COMMISSIONERS. (B)DISCUSSION CONCERNING THE NEIGHBORHOOD ENHANCEMENT TEAMS (NET) PROGRAM -- STIPULATE THAT ANY INCREASE OR CONSIDERED EXPANSION OF THE NET PROGRAM MUST FIRST BE BROUGHT BEFORE THE CITY COMMISSION FOR ITS CONSIDERATION AND APPROVAL. (see label 23) Commissioner Plummer: Well, excuse me. The only problem we have, you had promised us the budget by June what? Commissioner Dawkins: Tenth. Mr. Odio: You will have the book budget by June 30th. Commissioner Dawkins: Ten, ten; June 10, told me. Mr. Odio: End of June, June 30th. Commissioner Plummer: June 30th? Mr. Odio: You'll have a book. 6 May 27, 1993 • • Commissioner Dawkins: Wait now. Now, wait. Commissioner Plummer: I thought you said... Commissioner Dawkins: You added 20 days now. Now, Mr. Mano has added 20 days. You guys told me June loth. Mayor Suarez: If it takes a little while to print it, give him the gaily sheets, give him the draft, give him whatever by June 10th. Commissioner Dawkins: OK. Well, I'll tell you what. Commissioner Plummer: June loth is fine. Commissioner Dawkins: While you're doing that, provide me with a rough draft of how you budgeted money for the NET (Neighborhood Enhancement Team) program. Give me that, pull it out without the book and provide me with that. I need that. Commissioner Plummer: Well, shall we discuss that right now? I've got a memo. What is this memo about two NETS now, or increasing NETS, or they're magnifying or - you're not creating an East and a West Little Havana NET? Mr. Odio: We're discussing that, but we haven't done it yet. Commissioner Alonso: Like if we didn't have enough. Commissioner Plummer: And where is this money coming from? Commissioner Dawkins: In the budget, man. The budget is balanced. You don't have to worry. Commissioner Plummer: Huh? Commissioner Dawkins: The budget is balanced, don't worry. Commissioner Plummer: Well, we might balance it even more to get rid of all of them. Mr. Odio: Well, it's your choice, Commissioners. Commissioner Plummer: Yeah, I understand that. OK. But is that a proposal? Mr. Odio: I have been talking to the neighbors and businessmen of Little Havana to see if they would agree that Little Havana is huge, and that one person cannot deal with all of it, and I would like to split it in half. Commissioner Plummer: If you do that, how would you justify the one, let's say, for Coconut Grove, not splitting that one? Mr. Odio: Coconut Grove is much smaller. Commissioner Dawkins: Yeah, but you got two Groves. You got the black Grove and the white Grove. 7 May 27, 1993 Commissioner Plummer: That's right. Mr. Odic: But we have been practically using the... Commissioner Plummer: But how are you going to differentiate the one in the northeast for -that group that wants to fight from the west side of Biscayne Boulevard for the west side of Biscayne Boulevard? Mr. Odic: But those are working... Commissioner Plummer: Are you going to make two NETS up there? Mr. Odio: No. Those are working fine. It's that we found that... Commissioner Plummer: That's not what they're telling us. Mr. Odic: Who? Commissioner Plummer: The people up there are saying one side of the boulevard is the enemy of the other side of the boulevard, and are you going to start two NETS up there? Mr. Odic: No. No, sir. Commissioner Plummer:. Let me ask you this question: Can you start another NET without Commission approval? Mr. Odic: Yes, because... Commissioner Plummer: I will make... Commissioner Alonso: He did the first time. Commissioner Dawkins: He didn't have our approval for none of them. Why does he have to have our approval for.:. Commissioner Plummer: Well, I'm about ready to change that. Commissioner Dawkins: Oh. Commissioner Plummer: Mr. Mayor, I make a motion at this time that no no increase in the NET program be done without first Commission approval. I so move. Mayor Suarez: So moved. Mr. Odio: Increase in budget or... Commissioner Plummer: Anything. Commissioner Dawkins: Second. Whatever it is, I second it. 8 May 27, 1993 a Mayor Suarez: To the extent that it has budget implications, this would have binding effect, and to the extent that it doesn't, it's a resolution of the Commission as to our policy. You can do whatever you want with it, but... Commissioner Dawkins: Yeah, you can disregard it if you want. Commissioner Plummer: Yeah. He... Mayor Suarez: So moved and seconded. Commissioner Plummer: ... better not disregard it too long. That parachute will open up. Mayor Suarez: No, when I say he can disregard it, it's always at his own peril. Any discussion on that? ------------------------------------------------- NOTE FOR THE RECORD: Vice Mayor De Yurre entered the meeting at 2:48 p.m. ------------------------------------------------- Commissioner Dawkins: I think Commissioner De Yurre just came in in. I think we need to bring him up to date, so he'll know what we're talking about. Commissioner Plummer: Commissioner De Yurre, there was something being said about the fact of having two NET offices in Little Havana, making it two instead of one. My concern is the proliferation, the cost factors. So I have asked that in the future, that any Increase in the NET program, regardless of where, must come before this Commission for its approval prior to being implemented. Vice Mayor De Yurre: Yeah, but are you talking about increasing additional offices, or are you talking about increasing... Commissioner Plummer: Increasing the NET program. Vice Mayor De Yurre: Well, but are you talking about increasing the number of employees in a given NET office? Commissioner Plummer: I would say yes. I think we have the right to know that. Vice Mayor De Yurre: Do you know... Commissioner Plummer: If there's going to be an increase, then we, the Commission - 1f it's costing additional monies is what I'm concerned about. Mr. Odio: No, let me repeat this for the record so there is no misunderstanding. Commissioner Plummer: Sure. Mr. Odio: NET has not cost the City one additional dollar. All we did is move people around from the centralized locations to the NET offices. When you look at the budget book, you wi l l see that; that we have not added one dollar of cost. 9 May 27, 1993 Commissioner Plummer: Mr. Manager, you can say what you want, sir, OK? I happen to disagree with you. I agree with you, but disagree with you. It has not cost any additional dollars, because you used already employed personnel. But you're taken six policemen out of regular police duty and made them code enforcers. Mr. Odio: No, you approved that. Commissioner Plummer: OK? You've made them code enforcers. Mr. Odio: We approved the overtime to create the IMPACT (Intensified Mobilization of Police Against Criminal Tactics) Teams, and that's what we're doing. Commissioner Plummer: OK. Commissioner Alonso: And also, you have hired new people. Mr. Odio: For NET? Commissioner Alonso: Yes, sir. Mr. Odio: No, no. Commissioner Plummer: Of course. Commissioner Alonso: Yes. Mr. Odio: No, Commissioner. Commissioner Alonso: Could you give me the names before the Commission is over today of all of the people working in all of the offices of NET... Mr. Odio: Sure. Commissioner Alonso: ... in- the City of Miami, and tell me the date of employment. Mr. Odio: Will do. Commissioner Alonso: Thank you. Commissioner Plummer: Anyhow, Victor, that was my intent; so that we, the Commission, would be informed of what is going on. Just that simple purpose. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: You know, I'm going to vote with the motion, but I don't see how the motion is important at all. When we first started with NET, I told the Manager that I wasn't going to vote with his NET program, and the Manager brought it here. The Manager told the press that it was in his purview as Manager, as he managed, to set up a NET program, if he wanted to or if he didn't, and he did set up the NET program, and all of the NET places. 10 May 27, 1993 And now, all of a sudden, this Commission is going to say to him, you can't do that, when he's already told you the Charter says he can do it, and you didn't stop him. So I really don't - I'm going to vote with the motion, but I don't know what it's going to accomplish. Commissioner Plummer: The policy of this Commission... Commissioner Alonso: Well, Commissioner, the sad part of all of this is that the City Manager could not be an institution in itself, separate from us, and if we have the feeling that that is happening, it's a very sad situation in the City of Miami, and it is in the hands of this Commission to make the decisions in the City of Miami, and I think we should be working together-, rather than the Manager of the City of Miami threatening this Commission, telling us, 'Yes, I can do it; yes, I can get away with it; yes, this is my role to do so." That was not the intent of the City of Miami when rules and regulations were set. It was to prevent mistakes, but to work together. And I think that what is happening is that it is very unfortunate that it's the situation that we have today. And it's very obvious to the public, and it's very obvious to this Commission, and by the comments of Commissioner Plummer, all the time; Commissioner Dawkins, on the record. And if you check, for months and months, you can find that this is definitely a fact. Mr. Odio: The only fact that I know 1s that NET has been doing very well, and I have never said those statements that you just made, Commissioner. I dare to have the City Clerk pu11 the Charter - the transcripts out. I never said what you just said. So... Commissioner Alonso: What do you mean? Mr. Odio: I never said that I had the right to do this, or I was going to do it. Commissioner Alonso: Well, you just did, sir. Mr. Odio: I did not say that. Commissioner Alonso: You just did. Mr. Odio: I did not say that. Commissioner Alonso: Well, could you restate your... Mr. Odio: I just told you that we have not added additional.... Commissioner Alonso: Excuse me. Mr. Odio: ... cost to the budget. Commissioner Alonso: Excuse me. My understanding of your words to Commissioner Dawkins, it was the perception of, that's exactly what you said. If you didn't mean to say that, you should make a correction on the record that that was not the intent. Mr. Odio: What I said... 11 May 27, 1993 • r] L Commissioner Alonso: And maybe that has been the case for many months. Mr. Odio: What I said was that we did not add any cost to the budget through the NET program. I didn't say I had the right to do it. That NET program.was discussed here openly in a public hearing, and it was approved by the majority of this Commission. Commissioner Plummer: After the fact. Commissioner Dawkins: Well, I'll tell you why I'm voting with the motion. J.L. Plummer has been here 25 years, and I've been here 12, and all J.L. Plummer is saying that it's two votes here that will not pass a budget that has money in it for a NET program that does not conform to what J.L. Plummer wants, and that's what I think I hear. Commissioner Plummer: Let's hear how you vote. Vice Mayor De Yurre: I think that we need to put things into perspective and this Commission, we dictate policy. That's what we're here for. And whether through proactive votes or maybe by not - by omission, by not acting against something, we set policy. And we have allowed this NET operation to take place, which I think it works. I think people enjoy being close to a local office, and for many, many reasons. I don't have a problem with additional NET offices being in place because - or it being brought before this Commission because in reality, if we adopt this concept, we're kept abreast. I'm kept abreast if there 1s a new office that's going to go into place. I know. And if anyone has any objection to it, once we're informed, we can bring it up here and deal with that particular office in and of itself, saying we don't think it's a good idea to have two offices in Little Havana, so don't put a second office there. And that's - we dictate policy. But, you know, I really, I think that the Manager has done a good job on this, and I think the people as a whole have embraced this concept. So I'm not one to put handcuffs on him at this point in time, saying, you can't do anything from now on without coming to us first. I think that he can proceed, and as he goes along, he keeps us informed, and if there is a major objection about.something in particular, then we can bring it to tight here at a Commission meeting and deal with it accordingly. Mayor Suarez: Were you, in fact, Mr. Manager, in the process of analyzing the possibility of having more than one NET office, where now only one exists? Mr. Odio: Yes. Yes, sir. Mayor Suarez: And what would be the ordinary way in which you would expect our input on that? Would you - where, for example, would the other one in Little Havana be set up? Mr. Odio: We have no idea at this time. We were looking for free space. Once we found free space, then we would decide whether it made sense or not. In Coconut Grove, for instance, Commissioner Plummer mentioned the Grove. We have been concerned that - we have a building on Grand Avenue and Douglas that Mrs. Gibson and her group control, and they've been asking for a sub -NET there; in other words, open up another NET there in that corner. We have not decided to do that yet. 12 May 27, 1993 Mayor Suarez: But in some cases, if all you are trying to propose is that we go back to the concept of donated space... Mr. Odio: That's exactly correct. Mayor Suarez: ... for locating a police mini -station, that's a whole different thing from having a whole bunch of staff people from... Commissioner Plummer: Sure is. Mayor Suarez: ... Planning and Zoning and... Mr. Odio: The only one we were looking at seriously to do that was... Commissioner Plummer: Six policemen for each one. Mr. Odio: ... Little Havana, because of the territory that covers. Mayor Suarez: Well, I'm probably not going to vote with the motion, in any event, because I don't know that we need to hamper you on this, but you better, for my continued vote, not only on this, but on anything else that affects the Administration, including your own standing, check with me before I'm embarrassed by finding out that you set up a NET office - and I'll tell you - without our knowing about it. And I'll tell you for myself, if you are talking about more mini -stations, you know how I've supported that. I mean, that's been a hallmark of my views from day one, if you get free space and we can deploy some police officers to write reports from there, rather than go into the fire station, some of the other places where they go, and if -- without causing any additional disintegration of what they understand to be the hierarchical mode of functioning, and they certainly stick by that, you can have them deployed from those areas, and taking some phone calls, and writing reports, and taking input from the citizens, in donated space, with the signs and everything else, that's a great idea. I'd like to do that more. A wholesale redeployment of a bunch of employees to a different area, I'd like to know about it before you do it. Mr. Odio: No. We were not going to do that, just little Havana. Commissioner Plummer: Well, but you see, that's number one. Mayor Suarez: Commissioner Dawkins yields to Commissioner Plummer. Commissioner Plummer: No, go ahead. I'm finished. Commissioner Dawkins: No, go ahead, J.L. I'll wait. Commissioner Plummer: No, I just - you know, the proliferation is what scares me. And Mr. Manager, do not assume, because this motion may or may - if it. passes, I'm going to be negative. But I think we ought to know and ought to vote on it, and for that reason I offered the motion. Mr. Odio: Let me tell you something, J.L. I was not going to do it... 13 May 27, 1993 Mayor Suarez: Would you accept, so we - wait, wait. So we can have a consensus here and not have a divided vote, would you accept a modification that says that before anything like that is implemented, this Commission must be consulted? Commissioner Plummer: That's what I said. Mr. Odio: I have no problem with that. I wasn't going - we were not going to do it without consulting anyway. Commissioner Plummer: That's fine. Mayor Suarez: Does the motion read anywhere like that now, Madam City Clerk? Vice Mayor.De Yurre: You mean before the Commission itself as a body... Commissioner Plummer: Exactly. Vice Mayor De Yurre: ... or individually? Commissioner Plummer: Exactly. What's wrong with having it out in the public? Mayor Suarez: Yeah. Why don't we do it so that it has to be in a public hearing. Commissioner Plummer: I see - I don't see any fear in that. Mayor Suarez: It's a resolution of intent of this Commission that we would like to have... Commissioner Plummer: Policy, policy. Mr. Odio: Just for the record, look, we went by population. Little Havana has 26 percent of the City of Miami's population. Commissioner Alonso: It's the largest neighborhood. Mayor Suarez: Why are you arguing the merits of the issue? We're arguing that the information flow and the ability to determine whether in a particular matter like that, you should act without our - at least our knowledge in advance. Commissioner Dawkins, you wanted to say something? Commissioner Dawkins: Yeah. I'd like to say that during the budget hearing, the Manager and his staff, when they tell me that the NET program has not cost any additional dollars, and that personnel, and dollars have been shifted around in the budget, I want the Manager to show me where and why he has shifted personnel and people around for the NET program, but he has not shifted or managed anybody around for the recreation and to put people in the parks, where we need people to work with the kids. Because if you can find money, Mr. Manager, for your NET program, you can find money to man the parks. Now, that's how I feel about it. Commissioner Plummer: Mr. Mayor - go ahead if you want. 14 May.27, 1993 Mayor Suarez: If I may just echo that, I sure hope that the next budget has as large a component for parks as you can possibly find for supervision, maintenance, improvements, and whatever else can be done to bring it back up to speed, and I'm pleased with what you've done so far, but you're going to have to do a lot mDre. And I don't care if that means cutting down some other departments. Every year, I'm the one up here that suggests what specific departments. Commissioner Plummer: What else are you going to cut down? Mayor Suarez: Maybe you do, too. You always.pick on... Commissioner Plummer: But what else are you going to cut down? Mayor Suarez: Yeah. I - which one did you say? Commissioner Plummer: No, I didn't say. I just said, which one are you going to cut down? We've cut down on parks, we've cut down on sanitation... Mayor Suarez: Oh, I'll say it. Planning, computers, office and management and budget, there he is right there, et cetera, et cetera. Administrative. The administrative departments. Commissioner Plummer: OK. Mayor Suarez: Thank God we don't have strategic planning anymore. I don't even know what that was all about. All right. Commissioner Plummer: Call the roll. Mayor Suarez: We have a motion and a second. Is the motion understood to be that before anything like that is implemented, this Commission would like to have the Manager report back to us for a public discussion? Commissioner Plummer: In a public meeting, yes. Mayor Suarez: OK. Commissioner Alonso: Would you read the first motion that Commissioner... Mayor Suarez: I don't think it was... Commissioner Alonso: ... Plummer made? Mayor Suarez: I don't think it was like that. Ms. Natty Hirai (City Clerk): That any increase in the NET programs must first come before the City Commission for its approval. Mayor Suarez: Right. Any increase in the NET program. Ms. Hirai: That was the first time. 15 May 27, 1993 Commissioner Alonso: Increase, it's understood. Ms. Hirai: It wasn't clarified. Commissioner Plummer: Well, basically, if there.'s going to be more dollars or anything else dedicated to it, he ought to tell us in this City Commission meeting. What's wrong with that? Vice Mayor De Yurre: Yeah, but he's saying more dollars... Commissioner Plummer: Why are we scared to admit the truth? Vice Mayor De Yurre: He's got to work within the budget that's been approved. Commissioner Plummer: Hey, that's fine. But if he's going to make any changes, I think we ought to know about it first. I don't know why... Vice Mayor De Yurre: But, you know, if you're talking about, J.L., adding a secretary to a NET office, I don't see where we have to come Into play with something like that. Commissioner Plummer: Oh, I do, because he made a statement to this Commission that the NET program did not cost any additional dollars. Mr. Odio: We are not hiring people. Commissioner Plummer: And if it's going to cost any additional dollars... Vice Mayor De Yurre: But he's standing by... Commissioner Plummer: ... we ought to know about it. Vice Mayor De Yurre: Now, if you're telling me that he has to hire from the outside a new employee to put in a .NET office, then that's something else. But if you're telling me shifting... Commissioner Plummer: That's an increase. Shifting is not an increase. Listen to my motion. Vice Mayor De Yurre: OK. Well, I just want to make sure that's what we're talking about. Commissioner Plummer: A lateral move from one to the other is not an Increase. I said any increase or expansion in the program. Vice Mayor De Yurre: So any increase that costs dollars? Commissioner Plummer: Dollars, or additional offices. Vice Mayor De Yurre: But what if the additional office doesn't cost us any dollars? Commissioner Plummer: Then he doesn't have to bring it here. ,16 May 27, 1993 0 - 0 Vice Mayor De Yurre: He doesn't have to .bring it here. So if he gets free office space, he doesn't have to bring it here to open up a new - and as long as Its employees that are already employed by the City of Miami, he doesn't have to bring it before us. Commissioner Plummer: You know, Victor... Vice Mayor De Yurre: No, I just want - so I can understand what the motion is. Commissioner Plummer: I'm merely saying that this Commission should be Informed. As such, I'm saying as we are informed in a public meeting, the public is informed, and I don't see a thing wrong with that, nothing. Vice Mayor De Yurre: And I'm with you, but I just want to know what the parameters are. If the motion is that any increase of... Commissioner Plummer: An expansion... Vice Mayor De Yurre: ..0 employees from the outside coming in, or any additional cost to the City that is not in the budget - I mean, like you have to hire from the outside or pay extra rent... Commissioner Plummer: Let me try and simplify it. Any expansion of the NET program. Now, you can interpret that any way you want. That's the way I feel. I think we are entitled to know. Commissioner Alonso: One question, Mr. Mayor. Commissioner Dawkins: Call the roll. Mayor Suarez: All right. Commissioner Plummer: It's just that simple. Mayor Suarez: Any expansion. We'll go back to the the initial motion. I... Commissioner Plummer: And I have no hidden agenda here. Mayor Suarez: I hereby, as the chair rule that basically the Commissioner and a second, the movant and the second want to go back to the initial motion which is any expansion of the NET program. And as such, I've already stated my views on that motion, and vote accordingly. Commissioner Plummer: I really don't see that much. OK. Mayor Suarez: Anything further? If not, call the roll. 17 May 27, 1993 The following resolution was introduced by Commissioner ..Plummer, who moved its adoption: RESOLUTION NO. 93-336 A RESOLUTION DIRECTING THE CITY MANAGER THAT ANY INCREASE AND/OR CONSIDERED EXPANSION OF THE NEIGHBORHOOD ENHANCEMENT TEAMS ("NET") PROGRAMS MUST BE BROUGHT BEFORE THE CITY COMMISSION FOR. ITS CONSIDERATION AND APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. NOES: Vice Mayor Victor De Yurre Mayor Xavier L. Suarez ABSENT: None. 5. DISCUSSION BY COMMISSIONER PLUMMER CONCERNING ARTICLE APPEARING IN TODAY'S MIAMI HERALD IN CONNECTION ALLEGED POLICE BRUTALITY TOWARD ANTONIO EDWARDS. Commissioner Plummer: Now, Mr. Mayor, speaking - and I'm sorry to interject here. Mr. Manager, we're talking about increasing playgrounds, we're talking about increasing this and increasing that, yet I have not heard a word here today. Are we going to discuss the subject of this morning's Herald article which conceivably could alter our budget by six to eight million dollars? You know, we better stop talking about expansion until we know. That is a very serious, heavy obligation of this City. I think we - Mr. Mayor, I think we need to talk about it today. Vice Mayor De Yurre: Which one are you talking about? Commissioner Plummer: I'm talking about - is it the Andrews case? Vice.Mayor De Yurre: Edwards. Mayor Suarez: Antonio Edwards. Vice Mayor De Yurre: Andrews might be another one, but we're talking about Edwards. 18 May 27, 1993 Commissioner Plummer: No, I'm talking about the one we know about in the Herald this morning. If that is - if those numbers are correct, then I think that we need to start thinking some heavy, heavy ideas about budget. Commissioner Dawkins: Let me give you another one, Mr. Plummer. Commissioner Plummer: I don't want another one. Let's talk about this one. - Commissioner Dawkins: You got another one. Well, I'm going to let you discuss both of them. Commissioner Plomner: Well... Commissioner Dawkins: In the event. Commissioner Plummer: ... you know, if it affects the budget, I think we better start thinking that we've got some serious, major problems. Commissioner Dawkins: In the event that Mr. Lozano is found innocent, you have to pay him his back salary, and you may be responsible for some of his legal fees. Toss that one in with the others. Commissioner Plummer: OK. Mr. Mayor, all I'm saying to you is... Mayor Suarez: That is a particularly good one not to take up today, because we, of course, don't know what's going to happen, and don't know the legal implications. But it would be quite complicated. Commissioner Dawkins is certainly right on that. Now, back to Antonio Edwards. Let me ask the City Attorney whether this is an appropriate moment to discuss it. I thought you wanted to mention something about 1t today, did you not? Commissioner Alonso: No. Commissioner Plummer: Oh, I'm sorry. Mayor Suarez: You did not. Commissioner Plummer: Well, excuse me, I will not... Mayor Suarez: Is it advisable for us - are you recommending for us not to talk about it? A. Quinn Jones, III, Esq. (City Attorney): At this point, I guess what I want to say is that I met or discussed this with each of you, and over the course of perhaps the next week, I hope to have concluded - we hope to have successfully concluded settlement negotiations. Mayor Suarez: I understand where you're heading, but let me interrupt you for a second and say one thing for sure. May we assume that before you ever admit liability in any major case that we will have that clarified to us? Because I, frankly, did not have that clarified to me. 19 May 27, 1993 0 Commissioner Alonso: Have you read the Herald today? Commissioner Plummer: Well, excuse me. Here's my dilemma, Mr. Mayor. Without speaking to the case, all right? There are heavy financial problems possible. He is coming out with a budget to us by June the loth. We do'.not meet again until June the 22nd, as it stands right now, and this thing could fall and completely throw his budget that we're supposed to get on the loth into topsy-turvy, and we're not going to be approving or disapproving this scenario until the 22nd. I think we need to say something about it today, unless Mano can stand up there and tell me that regardless of how heavy, he's got it covered. Mr. Manohar Surana (Assistant City Manager): June 30th, the budget will be out by June 30th, not by June 10th. Commissioner Plummer: Sir, this Commission told you earlier, June the loth. Mr. Surana: July 15th. Commissioner Plummer: Sir, this Commission earlier told you June the 10th. Now, 1f you need to go to an ear doctor or you need somebody to understand... Mr. Cesar Odio (City Manager): J.L., you know, why put us in a position where you want us to tell you on the 10th that we couldn't do it? I tell you, we just finished going through that budget. It's not easy to deal with dollars that you don't have, and to ask for an unreasonable request. Commissioner Plummer: It's more difficult to deal with dollars that you're going to lose than not have available. Mr. Odio: Normally, you haven't had Now, we're saying we're going to have we're going to gain by 20 days. your budget until the end of August. it on June 30th, and I don't know what Commissioner Plummer: Mr. Mayor, do you understand my concern? Mayor Suarez: Yeah, absolutely. Commissioner Plummer: OK. Mayor Suarez: The economic implications of... Commissioner Plummer: If nobody else around here is concerned, I am. Commissioner Dawkins,: We all are concerned. Commissioner Plummer: OK? And I think we need to talk about it. Commissioner Alonso: Of course. Commissioner Plummer: I think that we can't let this go. Now, you know, if there's any... 20 May 27, 1993 Mayor Suarez: Well, the question is not so much that. The question is, does it profit us to discuss in public any aspect of it today? Comuissioner Plummer: Not the case. Mayor Suarez: All right. Commissioner Plummer: The dollars is what I'm concerned about. Mayor Suarez: Or the dollar implications. The problem is, you can't discuss the dollar implications without giving some idea to the plaintiffs what they might be able to expect by way of a settlement. Commissioner Plummer: They already know. Mayor Suarez: And if you do that here, we lose a lot of bargaining power. Mr. Jones: Let me just say this, without compromising settlement negotiations or the posture the case is in now. As you know, from the article, it's indicated that they're looking for somewhere in the neighborhood of $9,000,000. I can sit here and honestly tell you that I think - I sincerely think that our negotiations will come in far short of that, and that's the best that I can tell you at this point. We're exploring several possibilities with the idea in mind, of course, of saving the City as much money as possible. So that's what I was telling you, that as soon, and I hope to within the next few days, come to you with a very specific settlement so that we'll have a better idea of what we're looking at in terms of dollars. I know... Vice Mayor De Yurre: I think, you know, also what we need to stress is what we usually do and we've done in the past, and that is that you're not saying all of a sudden we've got to fork out $9,000,000 or "X" million dollars„ because that's not the way it works. You're going to buy an annuity, you're going to do this, get a structured payment plan, and you're going to work that out if it comes to something like that, that's .where it's at. So I don't see where it's going to be impacting to a significant degree on our budget at this point in time. Mayor Suarez: OK. Anything further on the topic? If not, we'll proceed. Commissioner Plummer: Mr. Mayor. Mayor Suarez: Yes, sir. Commissioner Plummer: You know, I'll conclude my statement by saying, you know, I see Al and the other unions. Mayor Suarez: OK. Commissioner Plummer: They're in negotiation. It could affect that negotiation very heavily. So I just think the sooner that some conclusion is brought in this matter, the better off we're all going to be. Mayor Suarez: OK. 21 May 27, 1993 0 , 0 ------------------------------------------------------------------------------- 6. EXECUTE INTERLOCAL AGREEMENT WITH METROPOLITAN BADE COUNTY AND WMICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED AREA OF DADE COUNTY TO PROVIDE FOR DISTRIBUTION OF, A PORTION OF THE DADE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES. Mayor Suarez: Item 4. This is the interlocal agreement. Do we have anything at all... Commissioner Plummer: Wait. What happened with item 3? Mayor Suarez: We're waiting for Seth Lang. Commissioner Plummer: Oh, OK. Mayor Suarez: By the way, I saw the executive director. The new executive director is Harvey Vee. Commissioner Alonso: Let me ask some questions in reference to item 4, on the record. This is an extension of the existing interlocal agreement? Ms. Karen Wilson: Yes, ma'am. It's a renewal for another five years. Commissioner Alonso: So it doesn't change or bring any other additional taxes; just the extension of same terms, no new conditions? Ms. Wilson: That's correct. Commissioner Alonso: Everything is the same? Ms. Wilson: That's correct. We are asking the Commission to consider an amendment to the resolution that you've just been handed, whereby the City Manager is authorized to enter in negotiations with the County to try to maximize the financial return to the City from the current six cents, and any additional levies that Dade County should consider. Mayor Suarez: OK. Commissioner Alonso: OK. Mayor Suarez: Anything further on this item? Commissioner Dawkins: Yes. Page 7 of the backup, number 5. It says: "Dade County will use its best efforts to spend two-thirds of the County's portion on transportation expenses within the incorporated municipalities" What does that mean, somebody? Ms. Wilson: I think it speaks for itself. They indicate that they'll use the best efforts. 22 May 27, 1993 C7 0 Commissioner Dawkins: Well, OK. It speaks for itself. It doesn't speak enough for me, so explain to sae what it says. Commissioner Plummer: It's a different language. Commissioner Dawkins: Yes. Ms. Wilson: I think it's our responsibility to ask Dade County to give us a report on how much they have exactly spent up there. . Commissioner Dawkins: OK. Mr. Mano Surana, two-thirds of $44,000,636 is how much? Commissioner Plummer: A lot of money. Mr. Manohar Surana (Assistant City Manager): Well, I think they are talking about two-thirds of our share, probably. Commissioner Dawkins: OK, guess, guess, that's good enough. Mayor Suarez: Just about 30,000 - a little less than 30,000,000. Just about 30,000,000. Commissioner Dawkins: 30,000,000? Mayor Suarez: Just about. Commissioner Dawkins: So that means that... and I'm just... and I want you to bring it back, too. So therefore, that's $30,000,000 that will be spent on municipalities. There are 27 municipalities in Dade County. Commissioner Plummer: Twenty-eight. Commissioner Dawkins: So that means that each municipality gets another additional million dollars on top of whatever you, get. Is that what this says? Mr. Surana: Something like that. Commissioner Dawkins: All right. Then how are we going to make Dade County tell us where they're going to spend this money, and what they're going to spend it, and how much of we got out of the two-thirds? Mr. Surana: I think that's why we're trying to get your approval to negotiate and find out what they're doing about it. Right now, it's a very loose -worded contract. Commissioner Dawkins: See, because - all right. This is first reading or final reading? Commissioner Plummer: It's a resolution, it's only one reading. Ms. Wilson: It's a resolution to approve the... 23 May 27, 1993 Commissioner Dawkins: Only one reading? I got problems until I -find out that Dade County will take that one million dollars, that - whatever we get out of the two percent - to work on the roads in the City of Miami that belong to Dade County, like 17th Avenue, 12th Avenue and 7th Avenue. And if they're going to pick up the lighting and stuff for that and allow us to take.the other money and work on the other roads, I don't have a problem with it. But If they're just going to take the money and lump it in someplace else, I got a problem with that. Ms. Wilson: I understand your concern, and that's exactly why we're asking your permission to authorize the City Manager to enter into negotiations. I do need to indicate that if the interlocal is not passed today, per Florida Statutes, Dade County has the option to invoke a different distribution formula that hurts the City of Miami even more. Commissioner Dawkins: And the Manager brings back his negotiated package to us? Ms. Wilson: Yes, sir. Commissioner Dawkins: For approval? Ms. Wilson: Yeah. If you are able to approve the interlocal today, then we would bring back any additional negotiations in the future. Commissioner Dawkins: OK. let me read - all right, I'm going to say it differently, and slowly. In the event that this Commission gives the Manager permission to enter into an interlocal agreement to negotiate, is what the Manager negotiates final, or does the Manager bring it back to this Commission for 1t to give a final approval? Ms. Wilson: It would come back to the Commission, sir. Commissioner Dawkins: For final approval? Ms. Wilson: Yes, sir. Commissioner Dawkins: OK. No further questions, Mr. Mayor. Mayor Suarez: Thank you. On item 4, do we have a motion? Commissioner Plummer: Move it. Mayor Suarez: Moved. Commissioner Plummer: We have no choice. We've got to move it. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please call the roll. Mr. Gonzalez-Goenaga. No, 1 would like to have a question to Management. 24 May 27, 1993 0 C. Mayor Suarez: Mr. Gonzalez-Goenaga, a quick question. Mr. Gonzalez-Goenaga: Yes. This agreement that is presented here as the interlocal agreement, have the Dade County people have accepted the wording or... Mr. Odio: Yes. Mr. Gonzalez-Goenaga: And they prepared it, or you prepared it? Mr. Odio: It was prepared between all of us. It's all the cities. It's Miami Beach, Miami, Hialeah and us. So all of them have to agree on it. We are saying, so that you know, that we have no choice but to accept this now, because we will lose the money. Mr. Gonzalez-Goenaga: By June 1st, yeah. Mr. Odio: What we're saying is that we want to negotiate a better deal for the City of Miami. Mr. Gonzalez-Goenaga: Yeah. We11, but my issue is, but not in this particular - but it refers indirectly. I am extremely concerned, and I don't know except a few Commissioners that do complain, that everything is brought before the Commissioners, and the citizens at the last moment. Always, we are 1n a rush for everything, and I don't know if this should be corrected by the absentminded professor, the Mayor, Mr. Suarez, a directive from the - to have plenty of time to digest what is presented before the Commissioners. This is just a suggestion, Commissioner. Mayor Suarez: All right. Mr. Gonzalez-Goenaga: Thank you very much. Mayor Suarez: Item 4, we have a motion and a second. Any further discussion? Commissioner Dawkins: Call the roll. Mayor Suarez: If not, please call the roll. 25 May 27, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-337 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY AND MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED. AREA OF DADE COUNTY TO PROVIDE FOR THE DISTRIBUTION OF A PORTION OF THE DADE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES; FURTHER AUTHORIZING THE CITY MANAGER TO IMMEDIATELY COMMENCE NEGOTIATIONS WITH METROPOLITAN DADE COUNTY TO OPTIMIZE THE FINANCIAL RETURN TO THE CITY FROM THE CURRENT LEVY AND ANY ADDITIONAL LEVIES TO BE IMPOSED BY THE COUNTY FOR FUTURE PROCEEDS TO BE PROVIDED TO THE CITY. (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 Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. ACCEPT PLAT: HIGHLAND PARK DRIVE SECTION THREE. Mayor Suarez: Item 15. Commissioner Plummer: Five. Mayor Suarez: Five, rather. Commissioner Plummer: Move it. Mayor Suarez: I'm hoping it's 15. Commissioner Dawkins: The Mayor is trying to go home. Commissioner Plummer: Let's go. 26 May 27, 1993 • • Mayor Suarez: How well you know me. All right. Moved and seconded. Any discussion? If not, please call the roll. Does anyone wish to be heard on this item? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-338 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED HIGHLAND PARK DRIVE SECTION THREE, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City .Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------ ------------------ ------------------------------- 8. INITIAL APPOINTMENT OF MEMBERS TO THE COCONUT GROVE PARKING ADVISORY COMMITTEE. (Appointed were: Tom Moore, Randy Hill, Robert Masrieh.) ------------------------------------------------------------------------------- Mayor Suarez: On item 6, this is the time for the appointments. I know that Chief Fernandez - I'm sorry - Major Fernandez wanted me to appoint some people from the - recommended by the Grove Chamber, one of whom was Tom Moore. Who were the other people recommended, Joe? Mr. Joe McManus: There are seven candidates: Hakkl-Korgolu, Robert Masrieh, Karl Lange, Gus Harrison, Tom Moore, and Randy Hill. The seventh nominee, Rick Holton, has already been named - nominated by the Coconut Grove Village Council, so he, Rick, is already nominated. Mayor Suarez: Commissioners, do you have any suggestions? 27 May 27, 1993 J Comm15510ner Alonso: So Mayor Suarez selects three from a list of seven, right? Mr. McManus: Correct. Commissioner Alonso: And then we select one, right? Mr. McManus: One. Commissioner Alonso: OK. And then the Council then selects four? Mr. McManus: Four. Commissioner Alonso: And Off-street Parking Authority will select... Mr. McManus: One. Commissioner Alonso: ... one. OK. Mayor Suarez: The only strong recommendation I have received is on behalf of Tom Moore, and I would suggest that, and nominate him, but if you Commissioners would like to... Commissioner Plummer: So we nominate but one? Commissioner Alonso: One. Commissioner Plummer: From the four of us, we nominate one. Commissioner Alonso: That's right. Commissioner Dawkins: I nominate J.L. Plummer. Commissioner Plummer: No, don't do me no favors. Mayor Suarez: Does anybody have any strong feelings about who these should be, or can we just accept the recommendations submitted? Commissioner Plumper: Well, I don't know the names submitted. Mr. McManus: Well, seven were submitted. One has been duplicated, so essentially six have been... Mayor Suarez: Six are left that are... Commissioner Alonso: Six, that's right. Mayor Suarez: Is one of those Tom Moore? Commissioner Alonso: ales. Mr. McManus: Yes. 28 May 27, 1993 Commissioner Plummer: Well, read me the other names. Mr. McManus: Hakki Korgolu, Robert Masrieh, Karl Lange, Gus Harrison, and Randy Hill. Commissioner Plummer: Masrieh would be my choice. Commissioner Alonso: But he doesn't make any decision on this one. Commissioner Plummer: Masrieh. Mayor Suarez: Well, if that's your recommendation, that's fine. How many do we get to select out of those six? Commissioner Plummer: I know Masrieh, OK? And he's a very successful businessman. Commissioner Alonso: So you need one more. Commissioner Plummer: And he has an interest in the Grove. Commissioner Alonso: You need one more. Mayor Suarez: OK. Mr. McManus: You need one more. Mayor Suarez: Does anybody have any suggestions from the other nominees? Commissioner Dawkins: Yeah, I got - hold off, let's hold off on one. Mayor Suarez: OK, leave that. Commissioner Dawkins: Because I don't see but one here of color, and that's Rick Holton. Mayor Suarez: OK, we'll leave one open of my three, and then we have two nominations suggested by Commissioner Plummer and myself. Any other ones? Anyone from the Commission as a whole that anybody would like to nominate? Why don't you read the names that are left, other than Mr.. Moore and Mr. Masrieh. Mr. McManus: There is Hakki Korgolu, Karl Lange... Mayor Suarez: What's the first name there? Mr. McManus: Hakki, H-A-K-K-I Korgolu; and Karl Lange; Gus Harrison; and Randy Hill. Mayor Suarez: And we must select of those how many? Commissioner Alonso: One. 29 May 27, 1993 0 1 0 Mr. McManus: Well, one more, because you've indicated so far that you're selecting Robert 14asrieh and Tom Moore. Mayor Suarez: And we have a combined total of four here. Commissioner Plummer: We're not bound by those names? Mr. McManus: Yes. Commissioner Plummer: Why? Mr. McManus: From those particular - you have one other choice back over on the next page. Commissioner Plummer:, Well, I tell you who I would suggest, Mr. Mayor. He has a very, very, dear, sincere interest in the Grove, is Dave Hill. Mayor Suarez: The other gentleman named Hill is not related to him? Commissioner Plummer: Randy's father. Mayor Suarez: Why don't we just go with Randy then? Presumably it's... Commissioner Plummer: OK. I just thought the father has more ties to... Commissioner Dawkins: OK, I would recommend Denise Wallace. Commissioner Plummer: What? Commissioner Dawkins: Denise Wallace. Commissioner Alonso: She is included in the recommendation of the council. Mr. McManus: She's already nominated by the Village Council. Commissioner Dawkins: By the Council? Commissioner Alonso: Yes. Mayor Suarez: All right. Let's go with Randy Hill, then, folks, and we'll leave one reserved for Commission Dawkins to suggest at a later moment. Commissioner Plummer: That's fine. Mayor Suarez: OK. Commissioner Plumper: I move the names be accepted. Mayor Suarez: So moved, the ones that we've mentioned. Commissioner Alonso: So let me clarify. David Hill then is not included? Mayor Suarez: Randy is. 30 May 27, 1993 0 • Commissioner Plummer: The son, Randy. Commissioner Alonso: The son. OK. Mayor Suarez: And Tom Moore and Mr. Masrieh. Commissioner Alonso: So we have then the three. Mayor Suarez: We have one left. Commissioner Alonso: We have one left. Mayor Suarez: As to those three, we have a motion and a second. Cal the roll. Commissioner Plummer: It is understood will be appointed by Miller Dawkins. Mayor Suarez: Yes. To the extent that has to be done by my appointment, I'll accept his nomination. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-339 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE: TOM MOORE (nominated by Mayor Suarez); RANDY HILL (nominated by Mayor Suarez); ROBERT MASRIEH (nominated by Mayor Suarez) (Note: Pending still is one at large appointment which was assigned to Commissioner Dawkins. Terms of office to be designated at a later date.) Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 31 May 27, 1993 9. (A) DISCUSS AND DEFER (TO JUNE 22ND) CONSIDERATION OF PROPOSED RESOLUTION TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING STUDY. (Note: Meeting date was later changed. to June 29th.) (See labels 11 & 25) (B) EXPRESS CRITICAL VIEWS CONCERNING CONDUCT OF COCOANUT GROVE VILLAGE COUNCIL MEETINGS. Mayor Suarez: Item 7. Mr. Joe McManus: Mr. Mayor and members of the Commission, this is a resolution of intent that follows up on your motion of March 25th, and 1t lays out the parameters for a planning study for Coconut Grove. Now, it talks about the source of the funds, the amount of the fund is 100,000. The fact that you want to retain control of the funds, but that the Village Council will be free to go ahead and pick the consultant and approve payments to the consultant, while the City retains control of the funds. Commissioner Plummer: Why do we need them? I mean, why are they an expert? Let me tell you something. I'm sorry, I - Mr. Mayor, I go to Village Council meetings. I never saw such - they say that we're a joke. I saw people throwing microphones at each other. They didn't have quorums there. They couldn't get speakers lined up. One is accusing another of being - selling out of the Council. I mean, why do we need that kind of a thing? I'm sorry, but that's - I attended the meeting. I was there. I saw it with my own eyes. And we're going to turn over $100,000 to them to let them be the director of a planning study? I don't want $100,000 of what I saw, Mr. Manager. Commissioner Alonso: Do you want to defer this item? Mayor Suarez: And... Mr. McManus: Mr. Commissioner, we're just following your motion., Commissioner Plummer: Sir, it's not my motion. I - first of all, forget about what I saw that evening. Why do we need them? Where are they the experts? Who died and left them in charge? Mayor Suarez: Well, I would like to pick up, though, as soon as we decide on what to do with this planning study, on the issue of the Coconut Grove Village Council and its operations. I don't know what our responsibilities are, Mr. City Attorney, but'we must have some responsibilities for an elected body that is functioning under our Charter to... Commissioner Plummer: They're not under our Charter. Mayor Suarez: ... to help them in some way. Commissioner Plummer: They're not under our Charter. Mayor Suarez: well, under our Charter, the matter was submitted to... 32 May 27, 1993 0 0 Commissioner Plummer: Mr. Mayor, if they ever get their act... Mayor Suarez: ....elections, and the elections were carried out by the City, no? Commissioner Alonso: We had nothing to do with it. Commissioner Plummer: I supported the concept of the -Council, OK? Mayor Suarez: But they're in an ordinance, if not in the Charter, the Village Council. Why is everybody saying no? Is there not an ordinance... Mr. Cesar Odio: They didn't come through here... Mayor Suarez: Mr. Manager, let me just direct this at the City Attorney. We've got enough questions to go to you. Is there not an ordinance creating the Village Council? There's no ordinance? The Village Council is just a loose organization of people that are elected? Commissioner Plummer: A vote among the people of that district. Mr. Mayor, let me state for the record... Mayor Suarez: There's no ordinance? Commissioner Plummer: ... I supported the Village Council. 1 thought it was a good concept, and I still do. It yet has come into the reality of being what we all thought that it would be. They just can't seem to get their act together. Vice Mayor De Yurre: Well, the thing is... Commissioner Plummer: And soon as they do and they start functioning the way we all expected, that's great. Mayor Suarez: Yeah, that's a concern, because it's acting as a quasi - governmental body, and it's not functioning with any kind of... Vice Mayor De Yurre: Mr. Mayor, the thing is that my understanding is that legally, they have no power at all. Commissioner Plummer: None. Vice Mayor De Yurre: So whatever power they have is whatever power we give them by listening.to what they offer. That's how we - that's the only power they have, is whether we listen to then or not. Commissioner Plummer: I have no problem of putting then as a committee to oversee; to oversee, but not to give them the money. Vice Mayor De Yurre: If you don't listen to them, then they have no power. If we listen to them, then they have power. Commissioner Plummer: No, no, no, no, no. 33 May 27, 1993 Mayor Suarez: I was wondering about the related question, Commissioner Plummer, of an entity that had some City sanction or official character or something. If they don't, then all we have to make sure is we preserve the pubic order, and they can get their act together, as far as I'm concerned. But back to.... Commissioner Plummer: Mr. Mayor, it's no difference than when we did the entire, huge study of the zoning in Coconut Grove. Mayor Suarez: No, no. Yeah, back to that issue. Commissioner Plummer: We brought them in. We asked them to participate. They got their input. We made a lot of changes due to what they had requested. Same thing here. But to turn over a.hundred, uh-uh. Mayor Suarez: I thought that there was a different issue which had to do with maintaining the public order for a quasi -governmental body. If they have no governmental functions, then we're back to the issue of a planning study. All right. Commissioner Alonso: Based on the discrepancies, wouldn't it be better to defer this item and - rather than... Commissioner Plummer: No, I would like to go forth with the item, but I think that this Commission should keep control. Commissioner Alonso: As presented to us? Commissioner Plummer: No. Absolutely not. Commissioner Alonso: So are you saying that we keep control? Commissioner Plummer: Yes. And form a committee... Commissioner Alonso: Then I have to bring another issue. Is this enough money to do the study? Commissioner Plummer: Where is the money coming from? Mr. McManus: Our view is, Madam Commissioner, that a consultant would be told that this is the money to do the study, and tailor the study to the amount of money available. Commissioner Plummer: Where is the money coming from? Commissioner Alonso: What it means... Mr. McManus: It's been identified from general programs and accounts. Commissioner Alonso: Is it going to be a responsible study, one that we can trust, that is going to be a sufficient amount of money to come back with a reasonable study that will give us an indication so that we can perceive that It has value? Because throwing away $100,000 doesn't make any sense to me. 34 May 27, 1993 • • Mr. McManus: I would think so, yes. Commissioner Alonso: Is this reasonable? Mr. McManus: Yes. Commissioner Alonso: It is? Mr. McManus: Yes. Commissioner Alonso: But that comment is very much on the air, and then later on, they say, "Well, there was not enough money, so we didn't have enough data, we didn't do this, we didn't do that, because the money was not sufficient." Mr. McManus: Madam Commissioner, we would attempt to write a scope of services that would lock a consultant in, such that there would be performance based on what the Village Council wanted and what the City wanted, and if the consultant could not respond to that, they would not sign the contract. You know... Commissioner Plummer: Yeah, but I would like the City to hold control over the bidding procedure, and the selection of who that contractor is, that consultant, and we will spell out parameters for that consultant, and very clearly make him understand that that's the amount of money that we've got, and don't come in with something that's so grandiose that we can never, ever find the dollars to implement, and then we wind up looking bad. Mayor Suarez: All right. That reflects the consensus of the Commission. Did you want to address this issue? Mr. Ricardo Ruiz: Yes, sir. Mayor Suarez: From the standpoint of? Mr. Ruiz: Yes, Mr. Mayor. My name is Ricardo Ruiz.. I live at 3150 Southwest 15th Street. I don't live in the Grove, but again, when I see dollars being spent in different areas, and in our area, there is. no study done. In fact, this would be the only one study that you all are funding in a long time, and... Commissioner Plummer: That's not true. That's not true. n Mr. Ruiz: Well, I went into the City and I asked, and that's what they told me. But can I... Commissioner Plummer: Well, sir, they're not always the smartest people in the world. We just pay them high salaries. Mr. Ruiz: Well, I... Commissioner Plummer: If you check Biscayne Boulevard, sir, you'll see a great deal of the City's money went in for studies up there... 35 May 27, 1993 Mr. Ruiz: Right. I... Commissioner Plummer: ... and also Allapattah. Mr. Ruiz: Al right. I can tell you that I'm very happy that the Village Council in the Grove has made so much interest and piques your interest in doing a lot for them. Like, they're participating.in the resolution that you just passed, number 6, and all kinds of little different things, that they're coming forward in your item - I think it's 6 and 7, your PZ item. You know... Mayor Suarez: Well, let me - yeah. Let me ask a question about that. On the issue of the Grove wanting this and the Grove having an ordinance in place that would exact some contribution from all the shop owners, why can't we use the fund that was created that way? Commissioner Plummer: You mean from the festival committees? Mayor Suarez: No, from the parking. Commissioner Plummer: There is no fund at this time. Mr. Ruiz: There will be soon. Commissioner Plummer: Well, there's not now. That's the answer. Mayor Suarez: Why can't that, if that's an exaction that we're doing because we assume that there's going to be all kinds of needs for additional parking in the Grove, it's all related to the planning study. I would think that we could use that money. Commissioner Plummer: Mr. Mayor, if what you're saying is that the monies, once generated, would reimburse the City for the monies that were spent on studies... Mayor Suarez: Yes. Commissioner Plummer: ... I think there's not a thing wrong with that. Mayor Suarez: Absolutely. And one can argue that maybe we ought to wait for that to produce 100,000 before you even spend it. Commissioner Alonso: Yes. Mr. Ruiz: The reason I'm saying it -is that I live in the City, and I see that the City has been deteriorating as it goes along. I mean, I've been here for 39 years, and to see the City going down the drain - like if you go from Flagler west, you're going to see. I mean, when I was little, I never saw junked cars and auto part dealers and all of this.kind of stuff on Flagler. You know, if we're going to motivate areas - and that's what the study is, to Motivate that area and enhance it and bring it in as a better community, which I am for - you know, I think that things like this should be done. But to say, "OK, let's go into the Coconut Grove area because they are here at every meeting and they're pushing,° well, I've decided to come to every meeting now, 36 May 27, 1993 and I've decided to be a part of my community, and I've decided to say, "What about us?" You know, we're here. We want our area to be better. We see shops being closed... Mayor Suarez: Well, how do you define your area? Commissioner Alonso: Mr. Mayor, may I ask... Mayor Suarez: I'm sorry, go ahead, Commissioner. Commissioner Alonso: He appeared in front of us last Commission, of the Commission before. Mr. Ruiz: Yes, ma'am. Commissioner Alonso: We instructed the Administration to meet with him in reference to concerns that he has in his neighborhood. Mr. Ruiz: Right. Commissioner Alonso: And it is my understanding that they have not... Mr. Ruiz: No.. Commissioner Alonso: ... gotten together with him. So I think this is a fine opportunity to inquire why the Instructions of the Commission were not followed. Commissioner Plummer: They're all tied up in the NET (Neighborhood Enhancement Teams) program. Commissioner Alonso: May I know, Mr. Manager, what has happened? Mr. Carlos Smith (Assistant City Manager): At that meeting, I talked to him and I believe Maggie Cordovl, who is the Administrator of the Coral Way area, which I believe is where he lives... Mr. Ruiz: No, no. Mr. Smith: ... also met with him. And apparently, she had met on other occasions with the gentleman. Commissioner Alonso: After the Commission meeting? Mr. Smith: After the Commission, and she has met with him on other occasions is my understanding, before that. Mr. Ruiz: Yeah. But after the meeting, to come up with a. solution for anything, and also with the explanation on the programs that today the officer told me about the situation on the programs, because I was here and we talked. But otherwise, nobody has talked to me about what we could do to help out my area. 37 May 27, 1993 Commissioner Alonso: And we instructed the Administration to meet with him and to work with the people of that area to give responses,, and to work to establish programs to resolve the situation of which he was complaining to us. I think this is amazing. We instruct the Administration to do certain things, and then we come back and the citizens come in front of us again, and they say, "Well, nobody contacted us." And it's like it's a joke, the instructions that we give. I'd like to know why they didn't',meet with the gentleman. Mr. Smith: I cannot give an answer. Commissioner Alonso: Could you get an answer for us before we adjourn today? Mr. Smith: Sure, certainly, sure. Commissioner Alonso: Thank you. Mayor Suarez: What area, by the way? How do you define your area? You gave the address. Mr. Ruiz: How do we define our area? Mayor Suarez: What's the name? Mr. Ruiz: Well, basically, I live... Mayor Suarez: Do you represent an association or anything, Ricardo, or just yourself? Commissioner Plummer: Coral Gate. Mr. Ruiz: Well, I live right next door to Coral Gate Park, and we did formulate an association within our area, and that area is composed from Southwest 8th Street to 16th, and from 37th Avenue to 27th Avenue. Commissioner Plummer: Yeah, but you got one hell of a project going right in the middle of there -now. Mr. Ruiz: Yes, sir, and we worked hard and got them to work with us, and it's turning out to be a better project than it was at the beginning when they first started. Commissioner Plummer: Well, since you're coming now to every meeting, sir, let me suggest to you that you be here at the budget hearings. (INAUDIBLE COMMENT.) Commissioner Plummer: Well, when we talk about a million dollars for code enforcement that does nothing. Mayor Suarez: No, it's Coral Gate, that's all. Commissioner Plummer: Code enforcement, what you're talking about, with abandoned automobiles, they've got $60,000,000 in liens, but they haven't done a damn thing. So remember, when you hear me screaming about the so-called 38 May 27, 1993 code enforcement, that's where your dollars are going, and they don't have the money to do your projects. Mr. Ruiz: And the parks, you mentioned the parks. Our park .has, you know, Hone by the wayside. The lady that's there needs better supervision, they need more people, the kids don't have hardly any programs to really be occupied with. And like that, I mean, I can continue. But the item is Coconut Grove, and I really think that this $100,000 should not be spent there right now. Commissioner Alonso: I'd like to set an appointment in my office. Carlos Smith, would you get together with my staff and the gentleman so we can have an appointment and go over these items, please - thank you - to be sure that it's done. Mr. Ruiz: Thank you, Ms. Alonso. Commissioner Plummer: Mr. Mayor, on item 7, I would... Commissioner Dawkins: There's a gentleman who wants to be heard, J.L. Commissioner Plummer: Oh, I'm sorry. I have one other question, Mr. Manager. Mayor Suarez: Lou - Commissioner Plummer... Commissioner Plummer: Mr. Manager, this is a planning study or that's what is being proposed. Mr. McManus, if my memory is not all that bad, I thought we just did a complete planning study of Coconut Grove, implemented less than a year ago. Mr. Sergio Rodriguez (Assistant City Manager): 1974 was the last one. Commissioner Plummer: No, sir, that.'s not true. Mr. Rodriguez: Your memory is a little bit shaky. Commissioner Plummer: No, sir. Mr. Rodriguez: No, there was another master plan... Commissioner Plummer: You were still in Puerto Rico in 174. Now, I'm not saying that you should have stayed there, but there are people who have expressed that opinion. Now, when did we redo Coconut Grove with all of the SP districts and all of that? Just recently. Mr. Rodriguez: No. What we did in the Grove... Commissioner Plummer: So-called 1100. Mr. Rodriguez: No, that was Citywide. It's 11,000 ordinance. Commissioner Plummer: 11,000, you like big numbers... Mr. Rodriguez: It was a Citywide ordinance and... 39 May 27, 1993 Commissioner Plummer: ... like your salary. Mr. Rodriguez: ... that deal with the zoning ordinance throughout the City, and as part of... Commissioner Plummer: Do you feel, Sergio, that another $100,000 study at this time would be beneficial? Mr. Rodriguez: I think another planning study might be beneficial over there. I don't know about the figure. Commissioner Plummer: Thank you, sir. I don't need any editorials. Mr. Mayor, I move that the Administration - oh, you want to speak? I'm sorry. Go ahead. Mr. Lou Wechsler: No, I'd like to speak only because I want to agree with you for a change. Commissioner Plummer: God, let him speak for a long time. Mr. Mayor, I move at this time that the Administration be instructed to go out with RFP's (Requests for Proposal) for consultants to do a planning study in Coconut Grove, to the tune not to exceed $100,000. Second of all, that a committee be formulated of interested citizens for the purposes of working with that consultant, and that it be a deadline of no more than 120 working days from the time that the study is commenced. I so move. Mayor Suarez: So moved. Commissioner Plummer: Nobody likes it? I tried. Commissioner Alonso: No, no, no, no. Mr. Wechsler: I'd like to give a little input on it because... Mayor Suarez: Wait, wait. Let's see procedurally where we are, Lou. I thought we were going to hear you before the motion, but the motion has been made, and I want to make sure that at least for discussion... Vice Mayor De Yurre: Mr. Mayor, just, I think that a lot of what is being said here makes sense. The problem that I have is that the last time that we dealt with this issue, there was an understanding with the Coconut Grove Village Council, and before we were - you know, we go ahead and change the rules, I think that they should be made aware of it, and be brought here just to deal with that specifically, and then we can decide what we want. But just to go ahead and change it without there being input from them or realizing what's going down, you know, I don't think it's quite right. Commissioner Plummer: Victor, you know, if I had an item on this agenda for $100,000, you bet your bippy I would have been here to show my interest, and to back it up, and make sure that it happened. Is there anybody here from the Coconut Grove Village Council? I think that shows their interest. Vice Mayor De Yurre: Well, maybe they never thought that we'd be doing this. 40 May 27, 1993 Commissioner Alonso: They thought it was fine. Unidentified Speaker: Yeah, they thought it was done. Commissioner Alonso: I have to say that they probably thought it was fine, and this is sort of a clarification that comes back to us. And I believe that perhaps they felt so confident that it was going to be approved that that's why they are not here today. Mayor Suarez: One idea - I don't know, Lou, is you're about to argue against the expenditure as I thought you were... Mr. Wechsler: No, no. Mayor Suarez: ... because you said you were going to agree with Plummer, but Plummer has said... Mr. Wechsler: Let me make my point first, Mr. Mayor. Mayor Suarez: Commissioner Plummer has said one or two things that... Commissioner Plummer: Mr. Mayor, I will withdraw my motion. Mr. Wechsler: No, please don't. I would like to hear it because... Commissioner Plummer: I haven't got a second, sir. I don't want to be embarrassed. Mr. Wechsler: ... we're hear to hear public -.you want to hear public input on it. Mayor Suarez: Yeah, but we also want to know which direction you want us to go in, because if what's going to happen is this... Mr. Wechsler: If I'm allowed to speak, I think I'll make it,very clear. Mayor Suarez: But wait, Lou. Let me clarify where we are. If the item is not on the table, if, despite two things said by Mr. Ruiz that I did not agree with and did not like; the first one being, you know, how the City has deteriorated over the last 39 years; and the second one, that we don't return his calls. And then I find out from my chief of staff that three times, Mr. Ruiz, we have given you numbers to call, and you have not followed up on them. Mr. Ruiz: Yes, I have. In fact... Mayor Suarez: All right. Sir, I'm not going to get into an argument about whether you're calling -or not. I didn't like the way you addressed us, but �rour basic point is still a valid one, and I'm agreeing with it. If, in fact, $100,000... Commissioner Plummer: Hell, Roy Black today said it was the drug capital of the world. 41 May 27, 1993 Commissioner Alonso: Mr. Mayor, if I may. We should finish this and then go back to the gentleman. But since you have put on the record that the gentleman has been given numbers and he did not comply... Mayor Suarez: By my staff, he has. By my staff, he has. Commissioner Alonso: ... I think he deserves the opportunity to respond to that. So when we finish with this item, then I think that what is appropriate, then we should... Mayor Suarez: No. I am not going to get into an argument as to whether you have called or not, sir. Commissioner Alonso: Then you should not have put that on the record, sir. Mayor Suarez: I did not like your presentation. I liked the point you made, OK? But I did not like the way you approached it. Now, if we're going to take this item off the table, if there's not even a motion being made, if nobody wants to vote on it, I don't know what you want to address on that, because maybe we're just going to wait for the Coconut Grove Village Council to show up. Commissioner Plummer: You want to defer it? Commissioner Alonso: Yes, under the circumstances, I think that is best. Mr. Wechsler: Mr. Mayor? Mayor Suarez: Yes. Mr. Wechsler: I came here for a public appearance and took my time to come here, as this gentleman did, and spoke for a period of time about something... Mayor Suarez: Don't argue that point. Tell us want to tell us. You have the floor. You have the floor, Lou. Mr. Wechsler: I think it's time that the Miami Commission know where .the residents feel 'about the Town Council. I think it's time for the Miami Commission to recognize that this so-called Town Council, not only is it a do- nothing organization, but they can't get a quorum for their own meetings, as Commissioner Plummer said. That's why they're not here today. They come and they say one thing they want, and they represent a few people. Mayor Suarez: How does that affect the issue of the planning study, Lou? Mr. Wechsler: The fact is that to put this resolution on the way it originally was set, that Mr. Plummer suggested, is certainly in better form, because it gives it the opportunity for the community of concerned citizenry to be represented in this area. That's the way it should be done. If you're going to do it, get the Chamber, get the Homeowners Coalition, and get someone from the Town Council. But don't put it in the hands of a lame duck group that might not even go through the next election. As it is... Mayor Suarez: How many associations in the Homeowners Coalition? 42 May 27, 1993 Mr. Wechsler: Homeowners, I would say there are at least five homeowners groups, including the Chamber, which everyone in the Homeowners Associations are now supporting. The Chamber is trying to bring together these homeowners groups as a single body. The Sown Council can't do it. In the past year,14r. Mayor, the Town Council representative... Mayor Suarez: Lou... Mr. Wechsler: ... has never once come to a homeowners meeting. Mayor Suarez: OK. You've got the chairperson of the Village Council here. The last thing we need now... Mr. Wechsler: Wonderful. Mayor Suarez: ... on an item that apparently we're going to defer is to have a discussion on the viability of the Village Council. Mr. Wechsler: But it's time that the Council - that the Commission hear about what the public feels about it. Mayor Suarez: We will be happy to schedule a discussion on that, to the extent that this Commission needs to get into all of that, just like we don't get into the existence of Homeowners Coalitions. We bless them, we work with you. If you don't function well, typically, your input is not that accepted here. But - and then, of course, to the extent that there is any breach of the peace, we're worried about the Village Council, Madam Chairperson, but, you know, your point is otherwise accepted. I mean, we've heard the problems. Commissioner Plummer detailed them, and we've heard them out there. Mr. Wechsler: Because if we want to fill the room with voters and residents, that's easy. I think the facts are very simple. The... Mayor Suarez: No. We want to decide - we don't want to fill the room with anybody. We want to decide whether we should spend $100,000 on the planning study. Do you have any ideas on that? Mr. Wechsler: Not out of my ad valorem taxes, you'.re not. Mayor Suarez: OK. So you're against that? Mr. Wechsler: Absolutely, I'm against it. I'm against putting it in the hands of someone when it's the City Commission's responsibility. Mayor Suarez: Well, but we were headed towaids a determination that the City would spend its own money, and would oversee it. It would only take input from the Village Council, just like it would take... Mr. Wechsler: That's why we elected you. Mayor Suarez: ..0 just like it would take input from the Homeowners Coalition, Lou. 43 May 27, 1993 Mr. Wechsler: The difference is, we've elected you, and the Town Council, by a very slim amount of people, have put into effect a group that has been gerrymandered into districts that they won't even redistrict so that proper representation - I will tell you... Mayor Suarez: All right, a question for you. Question: Do you want us to do the planning study at a cost of $100,000 and take input equally from all of the groups, including the Village Council and the Homeowners Coalition; yes or no? Mr. Wechsler: And the Chamber, yes, sir. Mayor Suarez: And the Chamber, all right. Commissioner Plummer: They ought to have one representative. I mean, I - you know, I look at this here, Pam Corte111s. Ms. Mary Weber: Yaromir Steiner. Mr. Wechsler: Well he's - he's the Civic Club, and he is, in fact - he is, in fact, behind the whole Town Council. It's Pam Cortellis, and it has to be said publicly, who decided how the districts were going to be done, and when he asked for our input originally on how to do it, he decided it was going to be done his expedient way. And that's why myself, and Guy Smith, and other people won't be involved in the Town Council. I think it's time to come out in the open. Let's take it out and let's make it reality. Understand what you're dealing with. The residents don't recognize the Town Council. Mayor Suarez: All right. Commissioner Plummer: Are we going to defer this item or not? Mayor Suarez: I think we're about to defer the item. Commissioner Plummer: Mr. Mayor, I'll make a different motion. I move that this item be deferred to a later date. Mayor Suarez: OK. So moved. Ms. Mary Weber: Ah... Mayor Suarez: Wait, wait, Mary. So moved. Do we have a second on that motion? Moved and seconded. Mary, you are chairperson of the Village Council, are you not? Ms. Weber: Yes, I am. Mayor Suarez: OK. There has been a lot of discussion as to the effectiveness, the order, the legitimacy and everything else of the Village Council. Today is not really the day to address that. However, you may want to make a quick statement about that, and at some point, we're going to take up this item, I believe, unless the Administration decides to drop it and no Commissioner wants to bring it up again; in which case, we'll take testimony from all sides. But you should know that the discussion has been quite, quite 44 May 27, 1993 0 critical of the way the Village Council has been functioning. Would you like to say something briefly on that issue, please? Ms. Weber: Yes, I would. Thank you very much. I'm not sworn in. Do I need to be? Commissioner Plummer: No. Ms. Weber: OK. I will tell the truth, I'm happy to do that, it's easy for me. Obviously, I didn't hear all of Mr. Wechsler's concerns, and it's unfortunate that he has some. Obviously, nobody in any one group of 22,000 voters is always going to agree completely on anything all of the time. Ire all know that. It's human nature. Obviously, as you know, the Village Council is the only elected body in Coconut Grove that represents the residents of Coconut Grove. You also know that we've requested this planning study because it's time to step back and figure out solutions to the problems, once and for all, that we have here, and we think that it's been a wonderful thing for you, as our City Commissioners, to agree. with us on this point, and we'd certainly appreciate you not deferring this from today's agenda. May I remind you that 36.4 percent of the registered voters in Coconut Grove came out to vote and elected the Village Council, and voted in favor of creating that Village Council. Commissioner Plummer: Yeah, but Mary, the problem is, they haven't been to the meetings to see the disarray of what is considered to be a normal meeting. The meetings that I have attended have been absolute chaos, and I don't think that that's what 36 percent of the voters in this City wanted for a so-called Village Council. The last one that I was there - and I'm not going to go into details - you were not there... Ms. Weber: True. Commissioner Plummer: ... and you are the head of the organization, in which some very heavy and serious accusations were made because you were not there, and I think you know what I'm talking about. So what I'm saying to you, people throwing microphones at each other, which I observed with these eyes, and people that were absolutely not even courteous to each other, is not what the 36 percent of the people voted to create. Ms. Weber: Well, I would like to respond. Commissioner Plummer: So I'm saying to you, with that kind of a scenario, we agree with you. The planning study would be a good thing, it should be done, but not turning the money over to you, and not turning the consultants over to you. We should do it. We are the elected body. I don't think legally; we should even be thinking about turning money, taxpayers' money over to a nonentity of the City Commission, which we don't control. Ms. Weber: I would like to respond to that, Commissioner Plummer. Commissioner Plummer: Sure. Ms. Weber: And I would like to say that I think that's a pretty weak and cheap shot. 45 May 27, 1993 Commissioner Plummer: No, why? Why? Ms. Lieber: And I think that you and this City Commission have had all kinds of chaotic meetings in your time, and you've had - all of you have had accusations whether they were true, false, or indifferent, thrown at you in the press and other places as well. And you know what? So what? Who cares? Commissioner Plummer: Well, I care. Ms. Weber: In the big picture, that's life, and we can't get around it. You're going to be accused of things, and I'm going to be accused of things, but the bottom line is, there is an organization, it's an elected body, the people are happy with it, in general. And you know what? Let me tell you something. I could have packed this hail today, and every single one of you knows that. Commissioner Plummer: You could have what? Ms. Weber: I could have packed this hall today, with residents of Coconut Grove. They could have been streaming out of this building. But you know, I chose... Mayor Suarez: But more importantly than that, what is the relevance of that? Anybody can pack the hall. Is the - are you having a problem with quorum, number one? Ms.. Weber: No, no. Mayor Suarez: Number two, are people throwing microphones at each other? That's what was stated here. Ms. Weber: That's not the point. The point is that the Village Council has the support of a majority of the residents of Coconut Grove, and... Commissioner Plummer: Why do you have a problem with the City Commission selecting the consultant by bidding procedures, the City Commission appoint a committee of people involved 1n Coconut Grove? I mean, why do you have a problem with us doing it? Ms. Weber: Let me say two things about that. Mr. Plummer: Sure. Ms. Weber: Number one, we're very happy to enter into an agreement with you whereby we all are involved and included in this. Number two, this list that I just gave you, which is a committee appointed by me, only because I'm the Chairman of the Village Council, includes Village Council members, it includes Chamber of Commerce members, It includes residents at large. Everybody is included. No one is left out. So I don't see what the problem is. Commissioner Plummer: Well, I think that we have the right as elected officials to designate who we feel should be on that committee. We, as elected officials definitely have a responsibility to see that our $100,000 are going through the integrity of bidding procedures... 46 May 27, 1993 Ms. Weber: OK. Why don't we... Mayor Suarez: Wait, wait, wait, wait. We're not going to continue the argument. I'll tell you... Ms. Weber: Why don't you add to the list? Mayor Suarez: Mary, you're out of order. Ms. Weber: Excuse me. Mayor Suarez: The determination is, the matter is not before us. It's been moved to deter. You've made your arguments. I presume they are directed more to defending the Village Council and its functioning and criticizing the Commission in the process than the issue of... Ms. Weber: I was only answering that... Mayor Suarez: ... than the issue of deferral. As such, we take note of all your arguments. The Commission, I think, I may be reflecting a majority and a consensus and maybe unanimity of this Commission when I tell you that I don't think we're going to give $100,000 to any group to spend on any planning study, in any part of the City. He made a very - Mr. Ruiz made a very cogent argument that maybe we shouldn't be spending $100,000 at all. But if we do, I think the consensus up here today, unless I'm mistaken, is that the Commission will hold control of it. Now, the appointment of people for an advisory committee and all of that, maybe there is some room for negotiation. All of which will be decided in a meeting when this gets rescheduled, and as I suggested before, if the Administration asks for it to be on the agenda, then of course, it will be put on the agenda. If any Commissioner asks for it to be put on the agenda, it will. Otherwise, we're deferring it. I don't think you're asking necessarily for it to come back, and if you are... Commissioner Plummer: Mr. Mayor, I tried to get a motion before that we charge the Administration with going out with the RFP in a 120-day time limit. That did not pass. I don't want, after I've been told by Sergio that he feels that it is worthwhile to do such a study, I'm willing to go along with it.. The only control that I'm saying is, I want the City to be in the control; not an outside group. Ms. Weber: And if I may say, we were always under the assumption that you would be in direct control of the monies. Commissioner Plummer: Well, according to here, we would be giving the money to - this agenda item - we would be giving the money to you. That's where I had the problem. Ms. Weber: Well, in fact, the way I understood it would be happening is that we would all be in agreement. Obviously, you have the money. Commissioner Plummer: We're not sure of that. 47 May 27, 1993 �7 Ms. Weber: And we would all work together and be in agreement as to how the money is spent. We want the Planning Department to be a part 'of this. We want their help in choosing the... Commissioner Plummer: Mr. Mayor, would you like me to make my motion... Commissioner Alonso: A committee of citizens. Commissioner Plummer: Well, let's do it this way. Let's defer it until the meeting of June the 22nd and.ask the Administration to come back with... Mayor Suarez: Yeah. All right. So it's actually postponed to a specific date. Presumably, the Item is not. going to die. We're going to get input from you and... Commissioner Plummer: We don't want it to die. Mayor Suarez: Right. Commissioner Plummer: OK? But Mr. Mayor, what I am asking is that the Administration, on June the 22nd, come back to us and give us some better guidelines, based on the conversation of today, taking everybody's thoughts into play. Mary, the reason for that is we're only going to meet once in June. Ms. Weber: OK. Commissioner Plummer: The 22nd. move, Mr. Mayor, if that's... Mayor Suarez: So moved. Commissioner Alonso: For deferral? Commissioner Plummer: Yes. Commissioner.Alonso: Second. Mayor Suarez: Moved and seconded. One meeting, morning and afternoon. I so Vice Mayor De Yurre: Before we vote, I'm looking at this planning study committee, and by the time this comes back, if we're going to go with anything along these lines, I'd like to see something more reflective of our tri-ethnic community, because it's... Mayor Suarez: All right. With those kind of caveats, suggestions, et cetera, we have a motion to postpone consideration on the item until our June meeting, which so far looks like it's going to be the 22nd, Mary, if you want to keep an eye on that, because we haven't actually set it yet. Ms..Weber: Could we have a time certain of 6:00 p.m. or after? Mayor Suarez: Yeah, we don't have a date certain yet, so don't press me on time certain. 48 May 27, 1993 Ms. Weber: OK, but 1f - once we get a date... Mayor Suarez: Yes. Vice Mayor De Yurre: We can have the time certain. It's just the day that we're concerned about. Mayor Suarez: We can try to schedule it for 6:00 p.m. Does that sound like a good time, when and if we have that June meeting? All right, presumably on the 22nd. So moved and seconded. Any discussion? If not, please call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-340 A MOTION TO DEFER AGENDA ITEM NO. 7 (PROPOSED RESOLUTION RATIFYING MOTION 93-211, AND AGREEING IN PRINCIPLE, TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF THE COCONUT GROVE PLANNING STUDY) TO THE CITY COMMISSION MEETING OF JUNE 22, 1993, AT 6:00 P.M.; FURTHER INSTRUCTING THE ADMINISTRATION TO COME BACK WITH INFORMED GUIDELINES AND WITH A RECOMMENDATION AT THE MEETING PRESENTLY SCHEDULED FOR JUNE 22ND. (Note: The above meeting was later changed to June 29, 1993). Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. 1. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 49 May 27, 1993 - --------------------------------------------------------------- --------- 10. (A) COMBINE BOTH REGULAR AND PLANNING AND ZONING COMMISSION MEETINGS INTO ONE MEETING TO BE HELD ON JUNE 22, 1993. (B) RESCHEDULE BOTH COMMISSION MEETINGS IN JUNE TO TAKE PLACE ON JUNE 29, 1993. Mr. Cesar Odio: Mr. Mayor, Mr. Mayor? Xavier? Mayor Suarez: Yes? Commissioner Alonso: Mr. Mayor, do you want to take item 3? She's here now. Mr. Odio: You can move the meeting to June 22nd, combined. Mayor Suarez: I'm sorry, I couldn't hear both of you at the same time. Mr. Odio: You can combine the June 22nd. Mayor Suarez: �11 right. The determination of the Manager, a recommendation is that we can combine the June 22nd meeting, I.mean the Planning and Zoning and regular meetings of June into one. Commissioner Alonso, I interrupted you. Commissioner Alonso: June 22nd? Commissioner Plummer: Yes. Mayor Suarez: Or presumably... Commissioner Alonso: So a Tuesday? Mayor Suarez: On a Tuesday. Commissioner Plummer: Yeah. Mayor Suarez: Do you want to go ahead and make that into the form of a motion at this point? Commissioner Plummer: I so move. Mayor Suarez: So moved for both Planning and Zoning and regular meetings to be held on June 22nd in the month of June. Call the roll. 50 May 27, 1093 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-341 A MOTION SCHEDULING BOTH JUNE CITY COMMISSION MEETINGS, TO TAKE PLACE ON JUNE 22, 1993. [Note: The June 22, 1993 date was immediately changed to June 29, 19933 Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Yes, Ms. Weber? Commissioner Plummer: You want me to do it now? Ms. Weber: It would seem to me that if you are going - you deferred the planning study, you might also want to defer the issue of the moratorium which 1s coming up later on this evening. Commissioner Plummer: So move. That's all part and parcel. Vice Mayor De Yurre: Mr. Mayor, 1s there a particular reason for the 22nd as to opposed to, for example, the 23rd? Commissioner Plummer: Yeah, the 23rd, Wednesday, has created a problem for me, Victor. A. Quinn Jones, III, Esq. (City Attorney): Since it's scheduled for 6:00 o'clock, you'd. ftve to bring it back up, because it's scheduled for a time certain. Commissioner Plummer: OK. We'll do 1t at 6:00 o'clock. Vice Mayor De Yurre: And the 24th was a problem for you also? Commissioner Plummer: Yes. Mayor Suarez: Commissioner Plummer is the one that requested the 22nd. Vice Mayor De Yurre: And the 21st? Commissioner Plummer: Monday is bad. 51 May 27, 1993 Vice Mayor De Yurre: Is bad also? Mr. Jones: After 5:00. Commissioner Plummer: Monday and Wednesday are my worst days. Vice Mayor De Yurre: Well, hey. Well... Mayor Suarez: That doesn't mean he always has good days on Thursdays, either, but... Commissioner Plummer: No, that's here. _Vice Mayor De Yurre: What about the 29th? Commissioner Plummer: I have no objection to the 29th. Vice Mayor De Yurre: All right. Commissioner Plummer: You want to take a month off? That's fine with me. I wish you had told me earlier. The 29th of June is fine with me. Vice Mayor De Yurre: That would be better for me. Commissioner Plummer: OK. Commissioner Alonso: You mean it's not going to be the 22nd? Commissioner Plummer: Right. We moved it over one meeting, 29 of day and morning. Commissioner Alonso: Twenty-ninth? Commissioner Plummer: Yeah. Is that agreeable to everybody? Vice Mayor De Yurre: The 29th. Commissioner Plummer: Yeah. Miller? Commissioner Alonso: It's moved to June 29th. I have to check. Commissioner Plummer: Yeah, all right. Well, we'll move it to June the 29th, subject to no objection by a Commissioner by the end of the day. Mayor Suarez: All right. Commissioner Plummer: So moved. Mayor Suarez: So moved and... Vice Mayor De Yurre: Second. 52 May 27, 1993 Mayor Suarez: ... conditional basis, seconded. Any discussion? If not, please call the roll. Yes, I'm sorry. Is there a -problem with that, Sergio? Mr. Sergio Rodriguez (Assistant City Manager): In relation to the issue on the moratorium, you have scheduled that one for 5:00 P.M. Commissioner Plummer: But it's after, that we can't do it until then, correct. That has nothing to do with changing the dates. Mayor Suarez: All right. Just on the setting of the issue of the planning study and - I'm sorry, on the setting of the Commission meeting for the 29th. Move and seconded. Any discussion? It not, please call the roll. Vice Mayor De Yurre: You know, talking about this moratorium situation, you know, before we decide about a moratorium, we should decide whether there's a study or not. So maybe we should talk about that issue after the fact that we decide if there's going to be a study and how it's going to take place. Commissioner Plummer: We're going to defer the moratorium till after 5:00 o'clock. Commissioner Dawkins: After 5:00 o'clock when? Vice Mayor De Yurre: Yeah, but this is at 6:00. Commissioner Plummer: Today. Commissioner Dawkins: Today? Mr. Jones: 5:00 o'clock, after 5:00. Mayor Suarez: No, no, he means today. Today. We just have 1t on the agenda to discuss the moratorium at 5:00, and I don't know if there's any problem in going ahead and agreeing to delay it, Mr. City Attorney, but if there is... Mr. Jones: Well, it's been advertised for 5:00 o'clock, so that's why I'm saying we should wait to consider the... Mayor Suarez: All right, we'll discuss that at 5:00. On the motion before us, which is to have our June meetings both on the 29th, we have a motion and a second. Please call the roll. Commissioner Plummer: Yes. 53 May 27, 1993 The following resolution was introduced by Commissioner Plummer, who moved Its adoption: RESOLUTION NO. 93-342 A RESOLUTION RESCHEDULING THE FIRST. AND SECOND MIAMI CITY COMMISSION MEETINGS IN JUNE 1993 TO TAKE PLACE ON JUNE 29, 1993 COMMENCING AT 9:00 A.M. AND 5:00 'P.M., RESPECTIVELY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 11. (Continued Discussion) DEFER TO NEWLY -SCHEDULED JUNE 29TH COMMISSION MEETING CONSIDERATION OF AGENDA ITEM 7 (PROPOSED RESOLUTION TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING STUDY). (See labels 9 6 25) Mayor Suarez: All right. We will take up the issue of the moratorium, then, after 5:00. Mr. City Attorney? A. Quinn Jones, I11, Esq. (City Attorney): Mr. Mayor, on the deferral of item 6 [sic], you need to make a motion to change, because you originally voted on the 22nd, so you need to make a motion to defer it to the 29th. Commissioner Dawkins: So moved. Vice Mayor De Yurre: Second. Mayor Suarez: A11 right. And any other items that we defer obviously should be till the 29th. Call the roll. 54 May 27, 1993 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 93-343 A MOTION TO CLARIFY THE RECORD BY RESTATING THAT AGENDA ITEM 7 AND ANY OTHER AGENDA ITEM PREVIOUSLY DEFERRED OR CONTINUED TO JUNE 22, 1993, WILL IN FACT BE DEFERRED OR CONTINUED TO JUNE 29TH, THE NEW COMMISSION MEETING DATE. Upon being seconded by Vice Mayor De Yurre, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 12. (A) DISCUSSION CONCERNING PROPOSED LOCATION FOR CONSTRUCTION OF THE PERFORMING ARTS CENTER. (8) COMMISSIONER PLUMMER REQUESTS ADMINISTRATION FOR UPDATE ON THE PORT OF MIAMI SITUATION. Mayor Suarez: All right. Vice Mayor De Yurre: Mr. Mayor, do we have... Commissioner Plummer: Mr. Mayor... Vice Mayor De Yurre: ... like two - three minutes before we go to the next Item, right? Commissioner Plummer: What? Mayor Suarez: Well, we have one more item from the other ones. What do you need, Commissioner? Vice Mayor De Yurre: I just want, for the record, you know, we've got all this thing going on with the Performing Arts Center being discussed by the County, and about the site selection, and just for the record, I'd like to reiterate my position of a year or two ago, that I would be willing to entertain, offering space on the FEC (Florida East Coast) property up to about three acres, which is what is needed, to put that facility on our City property. 55 May 27, 1993 Kayor Suarez: The FEC being the one right south of Bicentennial -Park. Vice Mayor De Yurre: Right, right south of Bicentennial. Commissioner Plummer: Well, let me go in direct opposite to that. I don't think we need any structures out there to hide the water or hide the bay. I don't think that the Performing Arts - first of all, my personal opinion, I've expressed it before, I think they're going too grandiose at $177,000,000 for something that there's not one in the United States that pays its own way. Broward County is, from my understanding, or what I hear, is ready to file for Chapter 11 bankruptcy, and 1t was only a $60,000,000 structure. And I continue to ask, and nobody has yet come up with an answer, of the $12',000,000 O&M (operation and maintenance) each year, where that money is going to come from. And I think we're biting off a hell of a lot more than what can be chosen; chosen, chewed, chosen, whatever. I am concerned by virtue of the fact that the County has some misconception that this City has made a commitment of dollars of a contribution towards the Performing Arts... Mr. Cesar Odio (City Manager): Commissioner, I sat in the first Performing Arts Trust, and it was always very, very clear, the City has not committed to one dollar to anything on that thing. Commissioner Plummer: Mr. Manager, in concert with a County Commissioner the other night, whether she was inferring or requesting or hoping, she was talking about the City's contribution of $2,000,000 to the Performing Arts. Commissioner Alonso: Are you kidding? Mr. Odio: No, sir. Commissioner Plummer: Two million dollars. Mr. Odio: That was never, never part of any discussion. Commissioner Plummer: Sir, I'm merely putting on the record to make it very clear, that we have no commitment whatsoever, because I'm going to call the lady back and tell her. Commissioner Alonso: Well, I think we should make it very clear to them that, no, the City of Miami has not made such commitment, and why they got that Idea? That's Interesting to know. Mr. Odio: Never - there is documents, there are minutes to the fact... Commissioner Alonso: Two million? Commissioner Dawkins: Commissioner Plummer, Commissioner Alonso and I have said at all the meetings that we have attended that the City of Miami has taken a stand that until the public money is identified... Commissioner Alonso: Right. 56 May 27, 1993 Commissioner Dawkins: ... that we do not intend to spend a penny. Now, isn't that what you told Mr. Plummer? Commissioner Alonso: Oh, yes, indeed. Yes. indeed. Commissioner Dawkins: Isn't that what you told him? Commissioner Alonso: Also, I told them that Bicentennial Park was not available, according to the resolution of this Commission, that we were not willing to give that piece of land, and that was about - what, a year ago? They asked me about that, too. Mayor Suarez: All right. Commissioner Plummer: Mr. Mayor... Mayor Suarez: All right. As to the FEC property, the issue that was brought up by Vice Mayor De Yurre has to do with the FEC property If you want to try and have a motion of principle, please do so, Commissioner. If not, if you're satisfied with the... Vice Mayor De Yurre: No, just stating it for the record. At least for my vote, and the difference between the FEC and Bicentennial is, Bicentennial, we're still working to hopefully someday bring a major league ball park to that site. Commissioner Plummer: Through you, Mr. Mayor, may I ask my colleague, who was a one -member committee, what has happened, or the posture presently with the Port of Miami? I've heard nothing. Is there any negotiations going on, Victor? Vice Mayor De Yurre: They've got - they've done all their studies, traffic studies and things of that nature. With Maurice now handling that, we're getting ready to start meeting and put, you know, put things in... Commissioner Plummer: But I mean, they are still in - desirous of pursuing? Vice Mayor De Yurre: Oh, yes. Yes, sir. Commissioner Plummer: OK. Mayor Suarez: Sir, is there any timetable for reporting back to this Commission? Vice Mayor De Yurre: I'd like to do something in the next 30 days so I can give you an idea of what's happening. But with - obviously, with the change of positions and everything else that's happened over the last couple of months, it really was at a standstill, and nothing was being done at all. Mayor Suarez: All right. Commissioner Plummer: Mr. Mayor, are we going to take up a few items in the interim? 57 May 27, 1993 Mayor Suarez: Yeah, except that we do have one regular item - and I think Beth Lang is here - that was scheduled. Commissioner Alonso: Yes. Mayor Suarez: If we may take that up, then Commissioner, anything else you need... Commissioner Plummer: Sure. ------------------------------------------------------------------------------ 13. PERSONAL APPEARANCE BY MS. BETH LANG, EXECUTIVE DIRECTOR OF BETTER WAY OF MIAMI, INC. TO REQUEST INCREASE IN FUNDING FROM THE LAW ENFORCEMENT TRUST --'IN CONNECTION WITH ITS FAMILY OUTREACH EDUCATION AND COUNSELING SERVICES TO FAMILY MEMBERS OF BETTER WAY'S CLIENTS. Mayor Suarez: This is on Miami Bridge. Commissioner Plummer: No, Better Way. Commissioner Alonso: No, this is Better Way. Mayor Suarez: Better Way, I'm sorry. Ms. Beth Lang: Better Way of Miami. Mr. Mayor and Commissioners, my name is Beth Lang. I'm executive director of Better Way. 800 Northwest 28th Street, here in Miami. Last - several weeks ago on May 3rd, we were unfortunate enough to lose a good friend of Better Way, and a good friend of the City of Miami. His name is Duke McBride. And that's'a cause to be sad for many of us. The last time Duke appeared before you, he had done so on behalf of Better Way and its request for approximately one hundred - and I think it was seventy thousand - which we had put in for the Community Development Block Grant. The staff had recommended a tiny portion of that, which we understood, because that money is allocated very carefully to a lot of different social organizations. At that time, Commissioner Alonso was kind enough to suggest to Duke and to me that we increase the request that we had made, to the Law Enforcement Trust Fund. We had applied last fall for a $25,000 amount, and she had suggested that as Duke had mentioned, the amount be increased to $42,050, which would have matched the emergency shelter grant which we had gotten at Better Way for probably three years prior to that, and that was the gist of my request. And our use for that has to do with family outreach, educational and counselling services to the family members and the adolescent children and the minor children of Better Way's clients. That money would cover transportation for Better Way clients for these community activities. Commissioner Plummer: Are you speaking of a request to the Law Enforcement Trust Fund? Ms. Lang: Yes, sir. Commissioner Plummer: Well, why are you -here? 58 May 27, 1993 Ms. Lang: Ms. Alonso had requested that I make my plea. Commissioner Plumper: Do you just want to recommend it to the department; is that what you want to do? Commissioner Alonso: Well, that has been a very difficult... Commissioner Plummer: Because, I mean, we have no control except final approval. Commissioner Alonso: ... It has been a very difficult process for them. Commissioner Plummer: It's impossible. Commissioner Alonso: And it had to come several times, as you recall, like maybe two years ago, a years and a half ago, for $25,000. Finally, the Administration worked with the Chief of Police, and it was granted. But it had - she had to come to us several times. We made that suggestion. Nothing has happened since then. Duke was working with them 1n the process and now... Commissioner Plummer: Well, recommend it. Commissioner Alonso: We have recommended that and instructing again that it be done. Commissioner Plummer: I second the motion. I second the motion. Commissioner Alonso: Would you call the roll, please? Vice Mayor De Yurre: OK. Do we have a motion and a second? Commissioner Alonso: Yes. Vice Mayor De Yurre: No further discussion? Call the roll. 59 May 27, 1993 • • The following motion was introduced by Commissioner Alonso, who moved Its adoption: MOTION NO. 93-344 A MOTION GRANTING REQUEST BY MS. BETH LANG, EXECUTIVE DIRECTOR OF BETTER WAY OF MIAMI, INC., FOR AN INCREASE IN PREVIOUSLY APPROVED FUNDING (FROM $25,000 TO $42,050); SAID MONIES TO COME FROM THE LAW ENFORCEMENT TRUST FUND, IN CONNECTION WITH BETTER WAY-S FAMILY OUTREACH EDUCATION AND COUNSELING PROGRAM, WHICH RENDERS SERVICES TO FAMILY MEMBERS AND ADOLESCENT MINOR CHILDREN OF BETTER WAY'S CLIENTS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez ------------------------------------------------- NOTE FOR THE RECORD: Although absent during he roll ca , ayor Suarez requested of the Clerk to be shown in agreement with the motion. ------------ ---------- ---------- ----------------- Ms. Lang: Thank you so much. 14. AMEND 93-319 -- COMMISSIONER PLUMMER APPOINTS EMILIO LOPEZ IN PLACE OF PABLO PEREZ-CISNEROS TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., GIVEN MR. CISNEROS' INABILITY TO SERVE. Commissioner Plummer: Under pocket items, I would like to nominate for the Wynwood Trade Board, I am told... Commissioner Dawkins: Second. Commissioner Plummer: ... that Pablo Cisneros could not serve because he is a City employee, and I am now appointing Emilio Lopez to that board. Commissioner Dawkins: Second. 60 May 27, 1993 Vice Mayor De Yurre: We have a motion and a second. Any further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-345 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., ("WCEDC") BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Mayor Xavier L. Suarez ------------------------------------------------- NOTE FOR THE RECORD: Although absent during e roll ca ayor Suarez requested of the Clerk to be shown in agreement with the motion. ---------------------------- --------------------- 15. OFFER CITY OF MIAMI INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1993 (BAYSIDE CENTER LIMITED PARTNERSHIP PROJECT) IN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED -$17,000,000 -- TO REFUND CITY'S OUTSTANDING INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (BAYSIDE CENTER LIMITED PARTNERSHIP PROJECT) IN CONNECTION WITH ISSUANCE OF SERIES 1993 BONDS. Commissioner Dawkins: You only have one more pocket item tonight. Commissioner Plummer: No, that's not a pocket item. Now about the Manager, does he get two? Does anybody - before I read this very long resolution, have any problem with the Bayside refinancing of their bonds? Commissioner Dawkins: Yes. Commissioner Plummer: You have a problem? 61 May 27, 1993 Commissioner Dawkins: I don't have a problem, but I'm going to vote no, because I don't like the way... Commissioner Plummer: Do I read it, or I don't? Commissioner Dawkins: You can read 1t because I think you got the votes, but I just vote no, because I don't like the way you let them off the hook with the minority participation. I've just stated... Commissioner Plummer: Does anybody else have an objection? Because I'm not going to sit here and read this damn thing if you do. Mr. Gary Siplin, Esq.: Yes, sir. Commissioner Plummer: OK. (COMMISSIONER PLUMMER READS THE RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.) I so move, and now I have questions, if somebody seconds. Commissioner Alonso:. Second. Commissioner Plummer: My question is, who is bond counsel? A. Quinn Jones, III, Esq.-(City Attorney): Fine, Jacobson and Alonso. Commissioner Plummer: And what is their charge? Mr. Jones: I think it was seventeen five. Commissioner Plummer: OK. Is that, Mr. Garcia, in line? Mr. Carlos Garcia: Yes, sir, it is. Commissioner Plummer: Who is the underwriters? Mr. Gary Siplin: Counsel. Commissioner Plummer: No, who are the underwriters? Mr. Siplin: Alex Brown and Sons. Commissioner Plummer: Who? Mr. Siplin: Alex Brown and Sons. Commissioner Plummer: OK. And are they... Vice Mayor De Yurre: And where are they from? Commissioner Plummer: Are they a local minority? Mr. Siplin: And Gunman. Commissioner Plummer: Excuse me? 62 May '27, 1993 Commissioner Alonso: And Guzman. Cowlssloner Plummer: Are they a minority? Mr. Siplin: Yes, they are. Commissioner Plummer: And how much are they charging? Mr. Garcia: The fee to the underwriters is going to be between $160,000 and $200,000. The financial advisors of the City will have to work for them. This is a very difficult transaction because it is an industrial development bond. It's not like a general obligation bond of the City. Commissioner Plummer: Is that amount of money negotiable? Mr. Garcia: It is to the extent that it will be between $180,000 and $200,000. Vice Mayor De Yurre: Let me ask you this. Who determines the underwriting counsel? Now, you're talking about the underwriter? And then I want to know about the counsel. Mr. Garcia: No, we're talking about the underwriters themselves. Underwriters' counsel was selected by the Rouse Company, pretty much. Vice Mayor De Yurre: OK. Now, who selects the underwriter? Mr. Garcia: The underwriter, the main underwriters were brought in by the Rouse Company. Vice Mayor De Yurre: OK. And... Commissioner Plummer: What about if we don't want... Mr. Garcia: And they added additional minority participation to... Commissioner Plummer: Excuse me. What about if we don't want that? Vice Mayor De Yurre: Well, first of all, J.L., who pays for that? Mr. Garcia: The Rouse Company basically from the bond sales. Vice Mayor De Yurre: What responsibility, financially, if any, do we have as the City of Miami with these bonds? Mr. Garcia: We don't have a responsibility. It 1s the credit of the Rouse Company that is behind those bonds. Vice Mayor De Yurre: So just coming to us procedurally, but we are not held responsible for one cent? Mr. Garcia: That is true. Commissioner Plummer: What happens if the garage doesn't make money? 63 May 27, 1993 Mr. Garcia: The bonds are insured. There's an insurance company behind them, so the insurance company would have to pay for those bonds, and then the insurance company would have recourse against the Rouse Company. Commissioner Plummer: Your estimated savings by doing this? Mr. Garcia: I think the City .will be earning about $200,000 more a year, starting with the second year. The first year would be about $100,000. It will increment about $200,000 a year. Commissioner Dawkins: Why do you think that? Mr. Garcia: That is a projection that we have, Commissioner. You know, we don't have a crystal ball to really find out exactly what is going to happen in the future, but that seems to be... Commissioner Dawkins: All right, what formula did you use to arrive at that, since you didn't use a crystal ball? Mr. Garcia: Well, basically, what happened is, with new bonds, you know, there are savings of about $3.8 million in debt service in the future, which reduces the cost to the Rouse Company. Therefore, our share of the profits will go up as well. Vice Mayor De Yurre: Who selects counsel, underwriting counsel? Mr. Garcia: Greenberg, Traurig and Mr. Siplin here. Vice Mayor De Yurre: How much are they making? Mr. Siplin: Fifty-five thousand. Vice Mayor De Yurre: Fifty-five. Commissioner Plummer: Wait, wait. Why would one be making seventeen five, and the other 55? I don't understand that. Mr. Garcia: Part of the situation is that in this case, underwriters' counsel has done a lot of the work that normally bond counsel' does, like producing all of these documents. Commissioner Plummer: But we're paying bond counsel - we're paying the underwriters $200,000. Mr. Garcia: Right, and that is - all of those costs are coming from the bond proceeds, underwriters' counsel as well as the underwriters' fees. Everyone is doing a different function there. Commissioner Plummer: All right. Are these firms.that are chosen by Bayside on our rotating list? Mr. Garcia: Underwriters are not. Underwriters' counsel and bond counsel are on - well, we're not using a rotating list anymore. But underwriters, as far as underwriters, Alex Brown... 64 May '27, 1993 .Commissioner Plummer: The underwriters are not on our rotation list? Mr. Garcia: Sows of them are. Some of them are. Guzman and Company is. Argyle is. Those two companies are on your rotation list. Commissioner Plummer: Is Guzman local? Mr. Garcia: Yes, sir. Commissioner Plummer: Hell of a lot of money! Vice Mayor De Yurre: Now, are you telling me that Fine, Jacobson, who got the bonding deal, they went through a bidding process? Mr. Garcia: Yes, Mr. Vice Mayor. Commissioner Dawkins: That's correct. Vice Mayor De Yurre: And ... Commissioner Plummer: But that's the least amount of money, Victor. Vice Mayor De Yurre: Yeah, and that's why. Commissioner Plummer: Yeah. Vice Mayor De Yurre: And that is why. Why do we not use the same procedure for underwriters' counsel? Mr. Garcia: The City normally doesn't select underwriters' counsel. It's selected by the underwriters themselves. Vice Mayor De Yurre: Why? Is it - are you telling me that just because .it's never been done before, that it can't be done, or it's just that we just don't do it, but we could do it and save more money? Mr. Garcia: They don't really represent the City. They represent the underwriters. I don't know if they - the City Attorney may have an opinion on that. Vice Mayor De Yurre: Hello? Mr. Garcia: Do,you have an opinion on underwriters' counsel? Commissioner Plummer: I'm sorry, I was asking him a question and he didn't hear the question. Mr. Jones: I'm sorry, Commissioner - Vice Mayor. Vice Mayor De Yurre: Well, we're talking about the issue of underwriting -- underwriters' counsel, that, you know, bond counsel, we select and they go through a procedure, which is a bidding procedure, which has lowered tremendously, I mean like dramatically, the cost that we have paid over the 65 May 27, 1993 years for this type of service. Why can we not do it for 'underwriters' counsel? Mr. Jones: I'll look into it. I don't - honestly, Commissioner, I'm not familiar with the process. Commissioner Plunmr: Well, you know... Mr. Jones: I could look into it and report back to you. Mr. Percy Aguila: Commissioner, if I... Commissioner Plummer: ... my other question, Victor - because, you know, you're picking on the two lowest numbers. Is it not a process available in which the underwriters could be a bidding process? You know, because, I mean, that's the big number. That's the 185,000 to 200,000 number, and as I remember, the last time we talked about that, we saved the City almost a half a million dollars by making it negotiable. Vice Mayor De Yurre: OK. What is the criteria for selecting the underwriter? Mr. Aguila: Commissioner... Mr. Garcia: Well, for deals of the City, two years ago, we went out with an RFP (Request for Proposals) and we selected four firms as rotating firms for underwriters representing the City. Of those four firms, we have used only two, because we haven't had that many transactions. Vice Mayor De Yurre: But again, we go back to the same - what you're telling me now is what we used to do with the bond counsel. Mr. Garcia: Right. Vice Mayor De Yurre: And then we changed it, because somebody got greedy along the way. We said, well, let's try this, and now all of a sudden, it's worked out very well for us. So why can we not do it legally? And if you can bring us - I don't think we want to mess with this one right now, but from now on, bring a legal opinion as to, you know, we can set policy as to what we're going to do henceforth to save dollars. Mr. Garcia: As far as underwriters, I think we could do it on a competitive basis in the future. There is no question in my mind. Vice Mayor De Yurre: So you can do it for the underwriters' counsel also. Commissioner Plummer: You know, I guess we shouldn't really be concerned, it's Bayside's money. But let me tell you something. What Bayside pays us; this City, every year, does have an effect on it. And I'm just wondering why, if you went out for bond counsel, and you went out for underwriter counsel, for a negotiated fee, why you're not going out for the underwriter on a negotiated fee. Mr. Garcia: Commissioner, in many cases, there is a professional relationship there, and if you are - if you have been doing business with a firm for many years... 66 May 27, 1993 • Commissioner Plummer: But that relationship is not to my advantage; my and the City's advantage. If you can't - did you negotiate, or did anybody negotiate the underwriters' fee? Mr. Aguila: Yes, Coammissioner. Commissioner Plummer: Who did? Mr. Aguila: Commissioner, if I may, my name is Percy Aguila. I'm with Guzman and Company. We're part of the underwriting team. Commissioner Plummer: Fine,'sir. I don't pay you, and I appreciate it. Mr. Garcia, did anyone negotiate the underwriters' fee? Mr. Garcia: I think our financial advisors got involved in the process. Commissioner Plummer: OK. Mr. Kishor Parekh: Commissioner Plummer, in answer to your question, the underwriters' fee is going to vary between $10 a bond and... Commissioner Plummer: That's not my point, sir. Answer my question. Mr. Parekh: We are in negotiations. Commissioner Plummer: Was it negotiated and put out to bid? Mr. Parekh: We are in negotiation with the fee. Commissioner Plummer: You're still not answering my question, sir. Was it put out to bid? Did you solicit companies to make bids... Mr. Parekh: No. Commissioner Plummer: ... and once you did, then you negotiated? Mr. Parekh: No, sir. Commissioner Plummer: Then I think it's wrong. Mr. Aguila: Commissioner, I can answer your question, I believe. Commissioner Plummer: Sure. Now you can try. Mr. Aguila: The fee was negotiated. It was iegotiated between... Commissioner Plummer: But there was no bidding process. Mr. Aguila: It was negotiated between Rouse and the underwriting team, and the reason it was done is because Rouse is the company standing behind these bonds, and it's their fees that are being charged. The Commissioner is precisely right. On deals that are the City of Miami's obligations, you can bid out every professional in that situation. But... 67 May 27, 1993 Commissioner Plummer: Are you indicating to me that Bayside wouldn't appreciate if we could save them money? Mr. Aquila: Of course they would. And in that... Commissioner Plummer: That's what I'm trying to do, sir. Mr. Aquila: And Rouse negotiated. The fee was at another level before it got to this level. Commissioner Plummer: Sir, they negotiated with a single company without going out to bidding. Doesn't the competitive - that's the American spirit around here. Competition is great. Vice Mayor De Yurre: Well, I don't know, J.L. I don't think we know - it hasn't been put on record whether they negotiated with other companies before they came to an agreement here. Commissioner Plummer: Sir, I just asked that, and the answer was."no." The answer was "no," they did not solicit bids from other companies. Why not? Mr. Aguila: The reason - this deal has been worked on for over two years. The underwriting team was brought in very early in the process with Rouse, because it is their obligation. The City is serving as a conduit in this situation. Commissioner Plummer: Sir, you know, if I didn't have to vote on this issue, I'd say, you know, Rouse, you dummies, you're paying a higher fee. Pay the higher fee, OK? But you're asking me to vote on it, which makes me have some obligation that I voted on this issue. And I'.m saying to you, sir, that if you didn't put out to bid for the underwriters, and then have a negotiation with at least one, two, or three firms, I don't think you got the best price. Mr. Aquila: I can tell you other proposals were solicited in a competitive bid process. In the way that the City conducts it, with respect to an RFP, proposals, evaluations, that was not done. Commissioner Plummer: That's not what Mr. Garcia said to me, sir. Mr. Garcia: By the time Rouse came to us with the transaction, they had already selected the underwriters. I'm not saying that they did not go through a selection process. I couldn't say that. Commissioner Plummer: Well, Mr. Garcia, this is going to pass today, I am sure, OK? But on the record, sir, I am expressing my concern, that I don't think that this thing was done the way it could best be done, and I'm further telling you, sir, for this one vote in the future, you better be able to stand up here in future bond issues for me and express to .me that you have put out for competitive bidding, and negotiated the fees of the individuals when you recommend them to me, because if not, sir, I am going to vote against every one of them. I don't think you have been able to ascertain what is your best shot financially in dollars without a competitive bid. 68 May 27, 1993 Commissioner Alonso: Mr. Garcia. Commissioner Dawkins: Mr. Garcia - I'm sorry, Madam. Commissioner Alonso: I'm sorry. Mr. Garcia, I suggest that you respond to Commissioner Plummer on the record, because some of us that feel very much in support of this item, it's going to be difficult for us to support it, unless you give us some reasonable explanation, because after that statement, I don't think we can possibly give our seal of approval to this item. Mr. Garcia: Normally, when we have City transactions, we have a procedure that we follow to select underwriters. We either go on a competitive basis, like in most cases we do. In other cases, we go on a negotiated basis with companies that this City Commission has already pre -selected on a rotating basis. In this case, when the Rouse Company brought the transaction to the City, they had already selected an underwriter. They tell me, the underwriter tells me, that they went through a selection process to select that particular firm. Commissioner Alonso: And it was properly selected? Mr. Garcia: Well, I would imagine that that was the case. I cannot vouch for that, because I was not part of the process. Commissioner Alonso: Sir, sir, we have to know. We cannot assume. Mr. Garcia: I think that Rouse Company is the one that... Commissioner Plummer: Gary is here, Gary an answer. Mr. Siplin: Yes. Commissioner Plummer: Mr. Siplin. Commissioner Alonso: Yes. Mr. Siplin: Bayside Rouse Company did negotiate with a number of underwriting firms, and Mr. Regan, who represents Alex Brown, is going to specify those firms that he competed against for him to come up with the best offer that Rouse has decided to expend in terms of the fees that underwriters are going to be paid from my client, Rouse. Commissioner Dawkins: Mr. Garcia, you said how much savings would be to the City of Miami, right? Mr. Garcia: Yes, sir. Commissioner Dawkins: What did you say? Mr. Garcia: About $200,000 a year. Commissioner Dawkins: By refinancing, what is the savings to Rouse? 69 May 27, 1993 Mr. Garcia: I'm assuming it's going to be about half a million dollars a year, because they are saving about... Commissioner Dawkins: Over how many years? Mr. Garcia: Twenty-five years. Commissioner Plummer: Excuse me. Mr. Dawkins, they told me that it wasn't a savings of 200,000... Mr. Garcia: Twenty years, Commissioner. Commissioner Plummer: ... that it would be 200,000 more payment to the City, and that's different than a savings. Mr. Garcia: That 1s the case. An additional - an additional savings to the City. The City, it's not that it's saving. Commissioner Plummer: It's a $200,000 additional payment, Mr. Tercelo told me; not a savings, a difference. Mr. Garcia: Revenue, additional revenue to the City. That is the case, right. Commissioner Dawkins: OK. So - and Rouse Company will save a half a million dollars a year? Mr. Garcia: Yes, sir. Commissioner Dawkins: For 20 years? Mr. Garcia: Right. Commissioner Dawkins: That's $10,000,000 dollars, approximately $10,000,000. That's what -they're going to get for refinancing. Mr. Garcia: That's my projection, right. Commissioner Dawkins: OK, that's good, no problem. It's not our money, that's fine. Now, to Mr..Sip11n. Who did you say the underwriters were? Mr. Siplin: Alex Brown and Sons. Commissioner Dawkins: You said they were a minority? Mr. Siplin: No, they're not minority. Argyle, Argyle. Commissioner Dawkins: What now? We do have some minority underwriters. Mr. Siplin: I'll read them off to you. Alex Guzman and Company... Commissioner Dawkins: No, no, don't read nothing. Just tell me. 70 May 27, 1993 Mr. Siplin: Guzman and Company, Ward Branford Company, and -Argyle Securities. Argyle is a local minority firm. Guzman is a local minority firm also. Commissioner Plummer: Why does it take so many companies to represent one issue? Mr. Odio: Because you want minorities. Commissioner Plummer: Well, I do, but I mean, why not give it all to minorities? Commissioner Dawkins: Yeah, but I don't want all the minorities on one program either, one project either. Spread them around. Commissioner Plummer: OK. Well, that makes sense. Commissioner Dawkins: That's right. You got too many here. OK, but let me say something and be finished with this. I asked the amount of money that Rouse would save. I voted against this at the last time. My reason for voting against it was that this Commission allowed Rouse to break a promise that 1t made in order to get the land to build Bayside on, and that is that they would have minority owners for life. This Commission allowed Rouse to break that bond, and now you're getting ready to allow Rouse, by breaking that bond, you're going to pay them $10,000,000 for breaking it, and therefore, I will be voting against this motion, if it's to favor. Mayor Suarez: Anything further from the Commission on this item? Commissioner Plummer: Well, the question is, do we vote favorably or do we send them a message? Commissioner Alonso: We support it. Mr. Siplin: I think you should vote favorably. Send that message. Commissioner Alonso: Do we have a motion and a second? Mayor Suarez: I don't know. Madam City Clerk, do we have a motion yet on the table? Commissioner Alonso: Do we have a motion and a second? Commissioner Plummer: There is, I... Commissioner Alonso: I so move. Mayor Suarez: So moved. Commissioner Plummer: I moved it when I read it but that's fine. Second. Commissioner Alonso: OK, whatever. Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor, yes. 72 May 27, 1993 Mayor Suarez: No, but the motion is to approve the item? Commissioner Alonso: Yes. Ms. Hirai: Yes. Commissioner Plummer: Yeah. Mayor Suarez: All right. Is it understood what the item is? If not, does anyone have any further questions? If not, please call the roll on the motion. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-346 A RESOLUTION AUTHORIZING THE OFFERING OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 1993 (BAYSIDE CENTER LIMITED PARTNERSHIP PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 ON A TAX-EXEMPT AND/OR TAXABLE BASIS FOR THE PURPOSES OF REFUNDING THE CITY'S OUTSTANDING INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (BAYSIDE CENTER LIMITED PARTNERSHIP PROJECT) AND PAYING CERTAIN COSTS IN CONNECTION WITH THE ISSUANCE OF THE SERIES 1993 BONDS; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; APPROVING THE NEGOTIATED SALE OF THE SERIES 1993 BONDS TO THE UNDERWRITERS NAMED HEREIN; APPROVING THE FORM, EXECUTION AND DELIVERY OF THE FOLLOWING DOCUMENTS IN CONNECTION WITH THE SERIES 1993 BONDS AND THE REFUNDING OF THE SERIES 1985 BONDS: FINANCING AGREEMENT, INDENTURE OF TRUST, BOND PURCHASE AGREEMENT AND ESCROW DEPOSIT AGREEMENT; APPROVING THE FORM AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT, AUTHORIZING THE APPOINTMENT OF A TRUSTEE, BOND REGISTRAR, PAYING AGENT AND ESCROW AGENT; CONFIRMING THE APPOINTMENT OF BOND COUNSEL; AUTHORIZING APPROPRIATE OFFICERS OF THE CITY TO TAKE CERTAIN INCIDENTAL ACTIONS; REPEALING INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 72 May 27, 1993 Upon being seconded by Commissioner Alonso, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm voting favorably, but, excuse me. I do have one other question, Mr. Mayor. I'm sorry to ask during roll. Mayor Suarez: All right. Can we take back the roll call, please, for questions? Yes. Commissioner Plummer: Mr. Garcia, I just came across this. Why are we doing $17,000,000 worth, when the outstanding amount right now is only $16,005,000? Why are you adding another million dollars? Mr. Garcia: OK. The bonds are being insured. Commissioner Plummer: Does the rest of the Commission know what I'm asking? Commissioner Dawkins: Yes, I understand. Commissioner Plummer: Here on the second page, it sa s the 1985 bonds are presently outstanding in the aggregate principal of 116,005,000. And I'm asking, why are they going out now with the new issue at 17,000,000, almost a million dollars more, if they are saving money? It looks like to me that right off the bat, we're losing a million, plus all of these high fees. So would somebody... Mr. Garcia: No, no,.we're not losing any money, Commissioner. Overall, we're going to pay about $9,000,000 less in debt service, or the Rouse Company will pay $9,000,000 less. Commissioner Plummer: Why? My question, sir, why are they asking for $17,000,000 when the present outstanding debt 1s only 16? Mr. Garcia: Yes, sixteen ten because they hale to pay... Commissioner Plummer: No, sir, that's not what it says here. If you want to be technical, it's sixteen five. Mr. Garcia: Sixteen million -five, right, I'm sorry, sixteen five. Commissioner Plummer: I said 16 for round numbers. 73 May 27, 1993 Mr. Garcia: OK. They have to pay, from the old bonds, they have to pay premium to call the old bonds back and redeem them. They have to pay a premium on that. That's about $400,000. They needs to... Commissioner Plummer: So we're not saving $200,000. Mr. Garcia: Yes, sir. That's after - after all the expenses are paid, there is still a net savings of $9,000,000, and there is an additional... Commissioner Plummer: I vote yes, but I still got a lot of questions in my mind. Mayor Suarez: All right. Complete the roll then. ------------------------------------------------------------------------------ 16. DISCUSSION CONCERNING POSSIBLE DESIGNATION OF A PORTION OF BICENTENNIAL PARK AS A SAFE ZONE FOR HOMELESS -- DIRECT ADMINISTRATION TO RESEARCH WHETHER CITY CAN DESIGNATE A SMALLER AREA -- REQUEST ADMINISTRATION TO COME BACK WITH CREATIVE RECOMMENDATION. Mayor Suarez: We have public hearings on Planning and Zoning, item PZ. Commissioner Plummer: Do I have... Commissioner Alonso: Mr. Mayor... Commissioner Plummer: We can't take that till 5:00, right? Commissioner Alonso: ... unless Commissioner Dawkins has an objection, shouldn't we take 13... Mayor Suarez: Would you like to do that, Commissioner? Commissioner Plummer: Oh, Mr. Mayor, Mr. Mayor, I spoke to you previously... Commissioner Alonso: That is our PZ. I think it makes sense. Commissioner Plummer: I spoke to you previously, Mr. Mayor, about asking the City Attorney to advise this Commission, what he advised us yesterday at the Bayfront Park. I was very much surprised to find - excuse me, Bicentennial Park. I was very much surprised that the Judge has indicated that this City Commission can designate a portion of the park as a safe zone for the homeless. And if, in fact, after sunset, the homeless are not in that particular area so designated, the Commission - excuse me - the City has the right.to evict them from the park. Now, Mr. Jones, if I am wrong, please correct me. But what I'm saying to this Commission, if any of you all were aware of that, and we haven't even gone to the extent of trying to designate anything, why are we pursuing this issue? I think it behooves this Commission to designate some area, which I understand has to be submitted, according to the City Attorney, to the ACLU (American Civil Liberties Union) for their permission. But we got to - if the Judge says we can do it, why aren't we doing it? That's my point. 74 May 27, 1993 A. Quinn Jones, III, Esq. (City Attorney): Commissioner, one clarification on that. One part of the order basically says that until - let me start, let me back up just a second. As you know, the judge... Order requiring the City and the ACLU to establish two safe zones, and of course, to report back to the Court by a date certain. That was not done. Notwithstanding, there is a separate provision in the order which basically says that until the arrest - free zones are established, that the City may designate a portion of Bicentennial Park, where these individuals can sleep, eat, or whatever until the two arrest free zones are established. My interpretation of this is that if you - if you follow this particular provision, you wouldn't necessarily - you wouldn't need approval by the ACLU, because it specifically says in the order that the City can designate a portion until arrest -free zones are established. Commissioner Plummer: OK. Now, Mr. Manager, my question to you, sir, is, I am assuming you were aware of this. Mr. Cesar Odio (City Manager) Absolutely. When we decided... Commissioner Plummer: OK. And have you gone about, sir, designating any area in that Bicentennial so that we have, even as limited as it is, some control? It might interest my colleagues on this Commission that what we were told yesterday, that the police department is almost at wit's end. They take these people from the window washers and the wheelchairs. They go from all over this County. They're taken down to the police station, and they walk back four blocks, and stay in the City. They might have been arrested in Miami Beach. They're brought over to the County Jail. They walk back to the City. They bring them from Hialeah City Jail, they walk back into the City. I'm asking, and I think that this Commission should be about designating an area of Bicentennial Park which would be considered within accordance of the order, so that we can have some control. Mr. Odio: Commissioner, let me remind you, when the order was issued, it was a policy decision by the City Commission to appeal that order, and we never agreed to any safe zones, period. You said appeal. There was a decision to appeal this order, and we began that process. In the meantime, we met with the ACLU to see if we could determine what they meant by safe zones, and what requirements they would ask of the City for a safe zone. Commissioner Plummer: No, sir. I don't think that's what Mr. Jones spoke to me yesterday. Mr. Odio: Yes, wait, let me finish, then he can... Commissioner Plummer: It didn't say a safe zone. It said a designated area. Safe zones include showers... Mr. Odio: This is what we need to provide. Commissioner Plummer: ... and the stupidity of 200 square feet per homeless individual, color TV, you know, amenities. I'm saying that as I understood it, a designated area, period. 75 May 27, 1993 • Mr. Odio: The designated area would have to be approved by the ACLU. Commissioner Plummer: That's not what I hear, sir. Mr. Odio: That's what we have been told. Commissioner Plummer: You see, the right hand don't know what the left hand's doing here. Vice Mayor De Yurre: Let me say, J.L. - and to begin with, it doesn't have to be Bicentennial Park either. We could - one of the things that we've been working... Mr. Odio: Yes, it does not. Commissioner Plummer: Yes, it did. According to him it did. Mr. Jones: According to the order, it specifically - it specifically says... Commissioner Plummer: It definitely said Bicentennial. Vice Mayor De Yurre: Then until we define a safe zone, then Bicentennial Park remains the safe zone. Mr. Jones: A portion... Commissioner Plummer: Excuse me. Victor, I'm not speaking to safe zones. I'm talking about to, as it states in the order, designated area. Vice Mayor De Yurre: Well, that's what a safe zone is. Mr. Jones: No, no, no, no. Commissioner Plummer: The minute you call them safe zones, you've got to provide all of those amenities. A designated area is marked off as a square area. Mr. Jones: Mr. Vice Mayor, what is referred... The language that the Judge uses is as follows: It says: "Until the parties reach an agreement on two arrest -free zones, the City is enjoined from arresting homeless individuals from sleeping or eating in a portion of Bicentennial Park to be designated by the City, and in the area beneath the I-395 Overpass that is still occupied by the homeless." Vice Mayor De Yurre: OK. Mr. Jones: This is separate and apart from establishing the... Vice Mayor De Yurre: But what are we defining as what are those two areas? That until we identify them, then we have to do what J.L. is saying. Commissioner Plummer: We're got to designate one of the areas in Bicentennial. 76 May 27, 1993 Mr. Jones: Yeah, we did appeal it. Vice Mayor De Yurre: Once - no, no, no. Before you do - that's the alternative. They order us to designate two areas as safe zones. Mr. Odio: Victor, let me explain, because we never followed this order, because we appealed it. Vice Mayor De Yurre: I know, I am aware of that. Mr. Odio: And if we decided to say, well, this is convenient for us, Item A, but C, B, and E are not, they say, well it can't be against the order. If we had gone in there and said, well, move them over here, this is where it can be, we're accepting the order. Commissioner Plummer: Mr. Manager, let me tell you something, sir. It was a hot issue yesterday at Bayfront Park. We were very concerned. We were told - correct me again if I'm wrong. I'm not a lawyer. Schedule of briefing on this before the courts of the appeal hasn't even been scheduled. This matter could continue for another three to five years. Mr. Manager, this City is going to hell in a hand basket. Bicentennial Park is deteriorated. I'm sorry to tell you, sir, that FEC (Florida East Coast), the amount of fix -up we did for the Grand Prix Race has, once again, been totally stolen. Watson Island, sir, is absolutely an atrocity. Wainwright Park, sir, is full of homeless. Mr. Odio: And Watson Island. You forgot Watson Island. Commissioner Plummer: Dinner Key Auditorium is full of homeless. Sir, I am saying to you that this City cannot wait three to five years. Mr. Odio: Well, Commissioner, I think you're right. I think that we put in the budget of the CDBG process $800,000. If we have money and we given an alternative to these people, we can move them out. We don't have to wait for any appeal. Commissioner Plummer: Mr. Manager, I'm glad to hear you say that you have money, but my... Mr. Odio: No, no. I said we put it in there and you took it out. Commissioner Plummer: That is exactly right, because there's going to be seven and a half million dollars being collected by the County. Why should I spend the taxpayers' money of this City when you have that sum... Mr. Odio: Then don't complain about the problem. We cannot complain about the problem until we have money to move these people, give them an alternative and place them. Commissioner Plummer: Mr. Mayor? Mayor Suarez: Yes. The inquiry initially had to do with... Commissioner Plummer: Sir, I'm sorry 1 brought this matter up, that the Manager is not as concerned about it as I am, and let him answer the people that are complaining daily.. 77 May 27, 1993 Mayor Suarez: Right. Commissioner Plummer: Because I rant to try to do something about it. not going to just sit back... Mr. Odio: We need money. Commissioner Plummer: ... and throw more money. Mr. Odio: We need money. I am Mayor. Suarez: All right. But the initial inquiry had to do with setting up some kind of a sub -zone within the park or something. Have you gotten answers on that. Commissioner? Commissioner Plummer: Well, yeah. He says that you can't do that without doing the rest of what the Judge says. Now, I'll ask the City Attorney if that's true. No, that's what he said. Mr. Jones: What I indicated to you was that that provision was separate and apart from establishing, "safe zones." What it says is that the City may designate a portion of Bicentennial Park where they can eat and sleep, whatever else, until such time as you establish those zones. Mr. Odio: Can I then go to Watson Island and get a.bus and get the homeless from Watson Island and bring them there by force or otherwise? Mr. Jones: We may have to and you will probably have to inform the Court, because as you know, we went in... Commissioner Plummer: Well, you know... Mr. Jones: We went 1n on that... Commissioner Plummer: ... are we scared about going to court? Mr. Jones: No, absolutely not. Commissioner Plumper: I mean, Mr. Manager, what bothers me, sir, is you're asking.him, what can you do. He's telling you that he's not sure. You're asking - but the problem... Mayor Suarez: Commissioner, 1s your point that maybe we could circumscribe the area? Commissioner Plummer: ... the bottom line is, nothing is getting done. Mayor Suarez: We could circumscribe the area and specify where they can be or not, and we get a court approval for that; is that what you would like to do? Commissioner Plummer: Sir, I`d like to do something, whatever we can do as a Commission, all right? 78 May 27, 1993 0 Mayor Suarez: I think that's a good idea, in the meantime, Mr. Manager and Mr. City Attorney. I don't see why we don't go into court and say... Commissioner Plummer: But go to the court and say, "Can we do this?" Mayor Suarez: I just wouldn't do it at Bicentennial myself, but, you know, some part of Watson Island... Commissioner Plummer: Watson Island. Mayor Suarez: ... some part of FEC property, somewhere. Mr. Odio: Well, when we wen to court the last time, we moved those people from under the underpass, because we provided an alternative. That's what the Judge is saying. Mayor Suarez: No, no, but that's a different concept. That was a comparable facility. I was at the hearing. I participated, the whole bit. Mr. Odio: Correct, Mr. Mayor. Now... Mayor Suarez: What the Court is now saying is that if you provide a save zone somehow, and the Court approves it, maybe we can circumscribe it in a way other than just simply saying Watson Island, Bicentennial, pt cetera. That may be an interesting idea. Commissioner Plummer: Oh, it's proliferating like crazy. Mr. Jones: But this issue is specific. It specifically says a portion of Bicentennial Park. Mayor Suarez: All right, but maybe we can get a modification on that. Vice Mayor De Yurre: Now, another point is, you know, what size are we talking about? Because I can see the argument that if there's ten homeless out there and the space provided only allows for the three, the other seven are going to remain wherever they're at because they got nowhere to go. Mr. Jones: But the one thing you have to keep in mind, too, is that now that the case 1s before the court of appeals, the lower court is divested of jurisdiction, so, you know, you got a problem. Judge Adkins probably wouldn't even entertain anything at this point. Commissioner Plummer: What do we tell the people of this community who are screaming at us to do something? Mr. Odio: Commissioner, if you give me back the $800,000 that we had in the budget... Commissioner Plummer: Sir, I am not going to do that. Mr. Odio: ... I will start moving these people tomorrow. 79 May 27, 1993 Commissioner Plummer: I am not going to give you $800,000 when the County is going to collect seven and a half million. Mayor Suarez: All he's saying, Mr. Manager, is that without spending more money, it it's a matter of defining an area, why have it be so loosely defined? Why not more specifically circumscribe it? That's all he's saying. That makes eminently good sense. Mr. Odio: I agree, but the Court won't even entertain... Mayor Suarez: I think they will. I think that the City Attorney just stated something that is incorrect. I think he has to... Vice Mayor De Yurre: I think... Mr. Jones: It's not incorrect, Mr. Mayor. That's fundamental principle. Mayor Suarez: Why do you interrupt me every time I disagree with you? Mr. Jones: I'm not interrupting you. Mayor Suarez: Lawyers disagree every day. Mr. Jones: Well... Mayor Suarez: I think the Court has jurisdiction to entertain that. If not... Mr. Jones: It does not, Mr. Mayor. Mayor Suarez: Let me finish. I disagree with you, Mr. City Attorney. We've done that many times. Mr. Plummer, I think what we ought to do is get a report back from the City Attorney and the City Manager as to whether we can further, without spending any additional monies, define and circumscribe into a smaller area, whether it is Bicentennial or somewhere else, where there is a safe zone. Commissioner Dawkins: Or in front of the Miami Herald. It don't make any difference. Commissioner Plummer: May I put on the record,. Mr. Mayor... Mayor Suarez: Yes. Commissioner Plummer: And Victor, I'm not trying to placate your authority for the next two days as chairman of DDA. Mr. Mayor, the DDA has recommended that consideration be given underneath the expressway at the Miami River from Florida Power and Light, which is approximately 3rd Street, all the way down to East Coast Fisheries. They're there now, and it's under those overpasses. I think that's where Victor wanted to put his $10,000,000 homeless hotel. Vice Mayor De Yurre: five. 80 May 27, 1993 Commissioner Plummer: Then I think that - OK, five. I think that what DDA is recommending 1s that we don't have to put any amenities there. Vice Mayor Be Yurre: Just bathrooms. Commissioner Plummer: That it's just a safe zone, period. Mayor Suarez: It's a glorified safe zone. Vice Mayor Be Yurre: We have to provide - no. The deal is, and I was going to mention that now, they could provide, you know, showers - the basics. You know, stalls and things of that nature. Commissioner Plummer: OK. Hey, I would like to ask the Administration to come back in the next meeting, and because there is no residential around there at all, the only one that could raise hell would be the Offstreet Parking Authority, because they're using their meters. Vice Mayor Be Yurre: And now, they're - Offstreet Parking, we've spoken to them, and they're willing to go ahead with this thing. Commissioner Plummer: OK, but Victor, what I'm saying is, there is absolutely no residents around there. There's basically no businesses around there. Vice Mayor Be Yurre: I'm glad you're coming around, because that's what I said a few months ago. Commissioner Plummer: OK. Mr. Jones: Let me just clarify something. !Commissioner Plummer: Well, I'm not talking about building a $5,000,000 building. Mr. Jones: Are you talking about establishing something in the context of a safe zone? Commissioner Plummer: Yes. Mr. Jones: OK. Well, you're going contrary to the issue on appeal. Commissioner Plummer: Excuse me. Can't you offer that to the Court as an alternative? Mr. Jones: I don't have anything to offer now. What I'm telling you is that once the final order has been entered in the lower court, and it goes up on appeal, the lower court no longer has jurisdiction over those issues. It's all before the court of appeals now. Mayor Suarez: To implement the mandate of the lower court with lower court approval, we can't ask for clarification? Mr. Jones: What I'm telling you, Mr. Mayor, is that we - you have a final order that's in. The time period has expired for rehearing and modification. The only court that has jurisdiction... 81 May 27, 1993 Mayor Suarez: That order has all kinds*of mandates of continuing supervision by the court. Look, Mr. City Attorney, why .don't you get us back - and Mr. Manager - a creative way that we can circumscribe, whether it's under the underpasses or somewhere, where people can be. We will provide them with fundamental services, which are not that expensive. It's better than having them all over the place is what the Commission is saying, while we get the seven -plus million dollars. Commissioner Plummer: Mr. Mayor, could I also make a request of the Manager... Mayor Suarez: What's so difficult about that, folks? Commissioner Plummer: Mr. Manager, may I also request that you request of Dade County that under that tax, that Livia Garcia's salary, which is half paid by DDA and half by the City, be paid fully from that tax. I think that's a legitimate request. She does a tremendous job, but I think that she should. be funded from that tax source. Mayor Suarez: She, by the way, is the alternate member of the task force, so she can very well argue her own case for her own salary. Commissioner Plummer: Well, I think the Manager should argue the case. Mayor Suarez: Yeah, he's also on the committee. Vice Mayor De Yurre: Let me say, Mr. Mayor, in dealing from a legal perspective, if what Quinn is telling us right now is that there is no window for us to go back to the federal court to clarify this thing, what you're telling us then, is that we can do whatever we want at this point in time. What's going to happen is that if somebody disagrees with us, they're going to court... Commissioner Plummer: The worst happens, we go back to the lower court, right? Vice Mayor De Yurre: ... then that will open up the window, so we can state our case. Commissioner Plummer: It means we can't be held in contempt. Vice Mayor De Yurre: Yeah, that's just the way it is. Mayor Suarez: If his initial opinion made any sense, your counter to it makes enormously good sense. but I don't think hi4 initial opinion made any sense. So what we need to do is get him to formally look at it and answer back, Mr. Manager, and do it in a proactive way. We want to try something here while we get the seven -plus million dollars to see if we can put people - as long as we're allowed to .participate in the design conceptually of these safe zones, why don't we try to come up with a better place, than having them be all over the parks? And there's plenty of space. They've just suggested one right under the underpass. 82 May 27, 1993 • • Vice Mayor De Yurre: It's like it's two acres. I mean, like, you got some significant amount of space there. Commissioner Plummer: Yeah, thank you. Mayor Suarez: And then that gives certain people in this community that 'are very excited about the Orlando plan, something very similar to it, at least temporarily. I don't think ultimately, this community should have something like the Orlando plan, but it's better to have... Commissioner Plummer: I don't think it's working today. Mayor Suarez: But at least, you know, it's better than to have them in four or five areas, which they're not getting any service and it's very difficult for us to even monitor what they're doing, and to even do a census of them. Commissioner Plummer: Unfortunately, Mr. Mayor, I have no more pocket items. Mayor Suarez: All right. Very good. Anyone else? Commissioner Plummer: Sorry to inform you. Mayor Suarez: If not, I have a note that says the Planning and Zoning agenda Is not at 4:00, or is at 4:00, or not at 5:00. What does that mean, counselor? Commissioner Alonso: Yes, it is. Mayor Suarez: Before we swear you in, what are you trying to'tell us? Mr. Carter McDowell: No, Mr. Plummer had just made.a comment that the agenda didn't start till 5:00 o'clock, and I was merely pointing out that it's scheduled to start at 4:00 o'clock today. Mayor Suarez: Right, right. The 5:00 o'clock portion is the part that I think affects more than what; five or ten percent of City. land, Mr. City Attorney? Mr. Jones: I'm sorry, Mr. Mayor? Mayor Suarez: The part that has to be after 5:00, is there anything that affects more than five or ten percent of the City's land mass? Mr. Jones: I don't think so. Mayor Suarez: Whatever the percentage is. 83 May 27, 1993 • E MINUTES OF THE PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF 14IAMI, FLORIDA On the 27th day of May, 1993, the Planning and Zoning Board of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 4:45 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez Sergio Rodriguez, Assistant City Manager Quinn Jones, III, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk Cesar Odio, City Manager ------------------------------------------------------------------------------ 17. OFFICIALLY CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF PORTION OF S.W. 9 STREET FROM EASTERLY RIGHT-OF-WAY LINE OF S.W. 31 AVENUE TO EASTERLY TERMINUS OF S.W. 9 STREET AND THAT PORTION OF S.W. 10 STREET FROM EASTERLY RIGHT-OF-WAY LINE OF S.W. 31 AVENUE TO EASTERLY TERMINUS OF S.W. 10 STREET -- AS A CONDITION OF TENTATIVE PLAT TAMIAMI SHOPPING CENTER. (Applicant: Tamiami Shopping Center) ------------------------------------------------------------------------------ Mayor Suarez: All right. Back to PZ-1. Mr. Jim Kay: Mr. Mayor and members of the Commission, this item is a public hearing for the vacation and closure of Southwest 9th Street and Southwest 10th Street east of Southwest 30th Avenue, in connection with... Commissioner Plummer: Is this Item PZ-1? Mr. Kay: Yes, sir. Commissioner Plummer. That's not what I have here, sir. It says south of 8th Street and.31st Avenue. 84 May 27, 1993 Mr. Kay: Well, it's the closure of 9th - 9th Street and loth Street. Commissioner Plummer: Sir, that's not what I have in front of me. Look at the agenda. It says, and I will read it to you, "South side of Southwest 8th Street between,Southwest 31 Avenue..." Mr. Kay: That's just the location of the entire site, the entire plat, but if you read down in the zoning request, it's for the vacation and closure of Southwest 9th Street. Commissioner Plummer: Thank you, and I stand corrected. Mr. Kay: OK. Vice Mayor De Yurre: Go right ahead. Commissioner Plummer: How much square footage would be assimilated by the applicant? Mr. Kay: Vacation and closure? We're looking at 12,000 square feet. Commissioner Plummer: And what did they pay a square foot? Mr. Kay: What did they pay? Commissioner Plummer: Approximately. Counselor? Mr. Kay: This is looked upon as really 250-by-120 foot lots, you could say. 'Commissioner Plummer: OK. Mr. Kay: If you're looking at the value of what that land would be as private property, probably about $100,000. Commissioner Plummer: Each one? Mr. Kay: No. Each one, 50,000, each one; 100,000 total. Commissioner Plummer: 12,000 - 6,000 square foot, or 12,000 square foot for approximately 100,000? Mr. Kay: Yes, sir. Commissioner Plummer: And that's what they're asking us to give them of taxpayers' property? Mr. Kay: Yes, sir. Commissioner Plummer: How are you, sir? Good to see you. Mr. Carter McDowell: I'm fine. Commissioner Plummer: We hope you brought adequate paper with you. 85 May 27, 1993 Mr. McDowell: For the record, my name is Carter McDowell.. I'm here representing the applicant. I am an attorney with the law firm of Fine, Jacobson, office at 100 Southeast 2nd Street. We have before you, obviously, a road closure. I believe, in this case, it's an unusually simple one. You deal with them fairly often. At the present moment... Commissioner Plummer: was that approved at the lower board, sir? Mr. McDowell: Yes, it was. Commissioner Plummer: And was it approved by all of the agencies involved? Mr. McDowell: Yes, sir, every one of them. Commissioner Plummer: And do we - did you want to say something else? Mr. McDowell: Well, there are two points I'd like to make. Commissioner Dawkins: No, something else, so that I can get through with it all. If you could say one question and get rid of all of it. Commissioner Plummer: Yes. Go over the first one very briefly, and the second one we want to hear, more importantly. Mr. McDowell: OK. There is existing - there is a proposed paste warehouse which is under construction on this piece of property. The entire reason for closing these roadways, which are discontinuous into our property is so that we can simply control them and maintain them. They provide access to nothing, other than our property. They are truly left over remnants of roadway. Responding to your... Commissioner Plummer: But they are City -owned property? Mr. McDowell: The City does - they were dedicated right-of-ways and the City does... Commissioner Plummer: Yes, of course. Mr. McDowell: ... as we sit here today, have a dedication and easement. The general public has an easement. In response to your... Ms. Matty Hirai (City Clerk): Are you registered as a lobbyist with us? Mr. McDowell: Yes, I am, thank you. In response to your evaluation, Commissioner Pl.ummer... Commissioner Plummer: No, excuse me, his evaluation. Mr. McDowell: Excuse me. In response to your - the answer to your question, if you will. Commissioner Plummer: Yes, sir. 86 May 27, 1993 Mr. McDowell: We have, and we are aware - well, we are prepared and have agreed to make a donation to the Miami Mission Daycare in the amount of $2,000 to support their daycare center. We believe that that represents a reasonable contribution. In the event - the reality of this circumstance is that these really do not provide access to anything other than our property. Commissioner Plummer: Miller, that's fifty to one. I think we need to study this issue considerably. Mr. McDowell: I have one further issue that I would like to address on a technical level. Commissioner Plummer: Please do, sir. Mr. McDowell: In recommending approval... Commissioner Plummer: While we're - in the next two or three months while we're studying this, we'd like to take up your technical issue. Mr. McDowell: I understand that, and I'm - well, we will respond as best we can. Commissioner Plummer: You haven't yet, but proceed. Mr. McDowell: The Zoning Board in recommending approval, recommended approval subject to two conditions, and I must ask you to please review and modify proposed condition number one, which reads as follows: "A title insurance policy be submitted to the City of Miami Law Department to insure against reversionary interest, if any in this roadway." Mr. Barket, as I believe you may have heard in some previous road closure applications, has raised many Issues about potential reversionary interests in these right-of-ways. Once you take action to vacate these roadways, assuming that you do, the City will no longer have any insurable interest in these partial roadways. Therefore, there is no way for us to write a title insurance policy for the City to protect you against a challenge, if someone claimed a reversionary interest that might be out there. Commissioner Plummer: How about if we write it and you pay for it? Mr. McDowell: You have nothing to write it against. You have no insurable interest. But what we have provided to you as an alternative, which I believe provides the City with better protection, as we have delivered to the City Attorney's Office a copy at this point of an opinion of title, addressing the question of reversionary interests in these particular rights -of -way. This opinion of title was prepared by the firm of Broad and Cassel, and Marwin Cassel reviewed the abstract of these properties and these roadways from the beginning up until May 13th. It is his opinion that upon proper vacation by the City, that: "Fee simple title in the above -described property will, in fact, be in those fee simple title holders - " more specifically set forth in this opinion - "with no rights of reversion to any third party." That is an opinion that has been delivered to the City as an inducement and as part of this application that I believe the City would have a right to rely on, in that it is addressed to the City of Miami as a municipal corporation, addressing the question of reversionary interest. As it relates to title 87 May 27, 1993 policies, honestly, there is no way to write a policy for you, you don't own anything. If you were the owner, we could insure your interest in that property, but you are not the owner, and certainly, after vacation, you will have no further interest, so there is no way for us to write you a title policy to protect you. Vice Mayor De Yurre: And who made that request? Mr. McDowell: It was made by the Zoning Board. Mr. Kay: Zoning Board. Mr. McDowell: And I would simply ask that you modify that condition. Commissioner Plummer: Well, let's ask the City Attorney their opinion, whether they feel it's worthwhile, or should we pursue it, or forget it or what? Ms. Miriam Maer (Assistant City Attorney): In these types of applications, the Zoning Board's decision and conditions are always recommendatory, and I have reviewed the opinion of title. I've met with Mr. Cassel an with Carter McDowell, and I also reviewed the Florida statutes referred to in the opinion of title, and I believe it would certainly be sufficient protection for the City if we were provided with the opinion of title, and we would no longer have to pursue this issue of the title insurance policy. 0 Commissioner Plummer: And that, they've already offered. Ms. Maer: That's right. Commissioner Plummer: So, OK, we know that one. What's the second point we need to discuss? Mr. McDowell: Well, the other issue was the voluntary donation which I had previously proffered, which we believe is an appropriate voluntary donation.. Commissioner Plummer: A thousand dollars for a hundred. Well, sir, let me tell you. Just, you know, since you're volunteering. We established a policy here many years ago so that it wasn't any one individual. This money that you voluntarily would give goes into a fund not designated for any purpose other than improvement of playground parks for the City of Miami. Now, that is the norm, and I would say that 99 percent of the time, that would be the case, and in fact, if you wish to do it under those circumstances, I think the Commission would be willing to accept it. The one thing I won't accept is an insult. Vice Mayor De Yurre: So do you want to defer this item? Commissioner Plummer: No, I'd like to hear one more time from him before we defer it. Mr. McDowell: One other issue I would just mention. That's one of the representatives, Mr. Ruiz. 88 May 27, 1993 Commissioner Plummer: Sure, sir. Mr. McDowell: He's one of the representatives of the neighbors. You notice, we have no one to opposition. We've worked with the neighbors to resolve any outstanding issues. Commissioner Plummer: Right. Mr. McDowell: We had recommended or volunteered a donation to the Miami Mission Daycare, based on discussions, honestly, with Commissioner Plummer - excuse me - Commissioner Dawkins' office. We are prepared, if you, if this Commission feels that it would be more appropriate to be, 1f you will, unencumbered, to go toward general City parks improvements, I think we certainly would have no objection, subject to Commissioner Dawkins - obviously, he's got to vote on this matter also. And we don't know what his position would be with regard to that, since we had previously offered to make that donation to the Miami Mission Daycare. Commissioner Dawkins: Well, I think that this Commission would have no problems if the entity that was going into that neighborhood was desirous of upgrading or contributing to the upgrading of recreational facilities in that area, but they would, in my opinion, they would have to voluntarily proffer to upgrade them considerably, and not meagerly. Commissioner Plummer: "Considerably" means more. That's what I thought. Mr. McDowell, would you like some time to think about it, sir? We'll probably be here till about 8:00 or 9:00 o'clock. Mr. McDowell: I would tell you that I might... Commissioner Plummer: You're only missing one digit, sir. Mr. McDowell: I hear you. My clients are here with me, and have indicated that they would be willing to increase that donation to $10,000 for improvements to the park. Commissioner Plummer: Well, now you can change the digit. Listen, you have the right to volunteer, sir. Now, I can tell you that I'm ready to defer, because you're halfway home. Vice Mayor.De Yurre: OK, we have a motion to defer. Commissioner Plummer: OK. Commissioner Alonso: I have one question. Commissioner Plummer: No, excuse me. I'd like to have a motion to table, to give them the opportunity - I don't want - you know, this is something that my girlfriend has really been looking forward to that's going to cost me a fortune, all right? This is the Cosdo of Calle Ocho, correct? Mr. McDowell: It's a Pace. Commissioner Plummer: OK? It's going to cost me a fortune. 89 May 27, 1993 Mr. McDowell: It's a competitor to Cosco. Commissioner Plummer: So I'm going to get even right now. Commissioner Alonso: Do you have plans for this building? Mr. McDowell: Yes, we do. This is the site plan. Commissioner Alonso: Yeah, but I'd like to see - I'm talking about the structure, the outside of the building. I'm concerned. The appearance in the 8th Street and how it will look. Commissioner Plummer: Yeah, where 1s 8th Street? Show us 8th Street. Is it at the top? Oh, great, then you got all the landscaping in the front. Vice Mayor De Yurre: It's got all the parking in front. Mr. McDowell: This is Southwest 8th Street, it runs across here. The roadway impressions are here, and I do have copies of... Commissioner Plummer: And your neighbors to the west will never complain. Mr. McDowell: ... elevations of the building as proposed. Pace, as with most of these national organizations, does have a signature architecture they use. They're all very simple structures, because of the nature of their business. They're basically warehouse structures, except that they do make some effort on the outside to improve the appearances of them. We have worked with out neighbors. Mr. Ruiz) is here representing the neighborhood group. We have increased the landscaping in our site plan in response to their comments, and they really have signed off and are, I think, overall pleased with the proposed site plan and development as it... Commissioner Plummer: Pace is Walmart, right? Mr. McDowell: K-Mart. Commissioner Plummer: K-Mart. Commissioner Alonso: So what we will see, that's 8th Street. We will see trees, most of all? Mr. McDowell: Yeah, that's - excuse me. As you come along 8th Street, there's a relatively deep parking area here. Well, for example, that's - it's almost 300 feet to the front of the building, so there is a substantial area with landscaping along the front and along here, and then all of the trees within the parking lot that would be between. Commissioner Plummer: Let me ask you a question. There's always a problem with warehouse kinds of operations. Where are your truck bays? Mr. McDowell: They are in the rear, and one of the conditions, which I didn't mention because we've agreed to it, is that we are going to build an eight foot high masonry wall.around the south end. 90 May 27, 1993 Commissioner Plummer: How many truck bays are you providing? Mr. McDowell: I believe we're providing four. We're providing what the Code requires. Commissioner Plummer: Four? Mr. McDowell: Yes, four full-sized truck bays. Commissioner Plummer: Up to 50-footers? Mr. McDowell: Yes, sir. We meet all the Code requirements, and we meet all of Pace's design requirements, which are actually more stringent than the City Code. Commissioner Plummer: OK. Mr. Vice Mayor, I... Commissioner Alonso: I have a question, Commissioner Plummer. ' ' Commissioner Plummer: I'm sorry. Commissioner Alonso: Are you saying that the number of trees - could we put on the record, could we put some - do we have the right to request certain things to the outside of the property at this time, or be certain that the number of trees that they have now showing us are definitely going to be placed at the property? Ms. Maer: Yes, you have the right to impose all reasonable conditions related to the fact that this vacating is in the public interest, so whatever benefits the public interest in relation to this area would be something you could impose. Commissioner Alonso: All right. So if this is not - are you going to table the item? Commissioner Plummer: Well, I thought Mr. McDowell might want to make one other statement. Do you want to make another statement before we table it? Mr. McDowell: Well, I... Commissioner Alonso: If they do... Mr. McDowell: Forgive me, one second, I'm getting... Commissioner Alonso: ... then I want to be certain that then when they request the permit, it's brought back to - at least I'd like to see it. Mr. McDowell: The building permit has already been issued. We are actually under construction with this building. Commissioner Alonso: So you have the final plans? Mr. McDowell: We have the final plans. This is... 91 May 27, 1993 Commissioner Alonso: I'd like to see them. Then definitely table the item. I'd like to see the plans. Mr. McDowell: I don't have them here. The job copy is on the site. Commissioner Alonso: Well, then we can postpone the item altogether and come back to the next Commission meeting, and we are going to be here until 9:00 o'clock, so you have time to go and get them. Definitely, I'm concerned. Some of these properties that are being built on 8th Street, they are horrible looking buildings, and some on Coral Way, and 1f we have the opportunity to do something before these atrocities are built, at least so that it looks a little bit better with some trees and some structures that looka little bit better, because these are some of the main streets in Miami. Mr. McDowell: I do have, as it turns out, a copy of the front landscape plan which Mr. Ruiz has reviewed on behalf of the neighborhood. Commissioner Alonso: Yeah, but what you're showing me is a plan of the location. I'm not seeing the outside of the building necessarily. I'm not - you have the trees... Vice Mayor De Yurre: Yeah, like a rendering. Commissioner Alonso: Could I see it closer to me so I can see that it does have trees that I have seen before in color? Vice Mayor De Yurre: It's not only the number of trees, but the type of trees that they're going to be putting there. Commissioner Alonso: And I have to - we11, I guess you have to give me the plan, and while you think about the other parts, I'll be glad to read on that plan, what kind of trees and so on. V1ce'Mayor De Yurre: Do you have something else to add before we table this? Commissioner Alonso: How come they have the building permit when they needed the street closure? Mr. Ricardo Ruiz: Yes. We went to the meetings with them regarding the landscaping plan, and that's one of the things that we were most concerned about. Not only that, but the buffering 1n between the single-family development and the multi -family development on the opposite side, and they supplied us not only with a sufficient amount of trees for their property, and the buffer that shows in the landscaping plan to be something that we really enjoy, because they really put a lot of landscaping on Sth Street and on 31st, but they also donated 28 trees that are going to be placed on two of our parks. One is going to be Coral Gate Park, which 14 trees are going to be placed there, and 14 trees are going to be placed... Commissioner Dawkins: Wait, hold it, hold it. She needs to hear... Commissioner Alonso: Yes? 92 May 27, 1993 Mr. Ruiz: Yes. They are also donating 28 extra trees... Commissioner Alonso: That's what I heard. Mr. Ruiz: ... that 14 trees are going to be placed on Coral Gate Park, and 14 trees are going to be placed on Bright Park. We met with the Parks and Recreation to see the species of trees that are going to be placed, and this was on an ongoing... Vice Mayor De Yurre: What park is - which one is Bright Park? Commissioner Alonso: I was very pleased to hear that. Mr. Ruiz: Bright park is on the other side, east of 27th Avenue. It's a small park that had minimal damage, but it did have damage of trees, and also Coral Gate Park, which 1s on 31st and 16th. Vice Mayor De Yurre: No, no, but 27th Avenue and what? Mr. Ruiz: It's - let me see, I'll tell you. 9th , right, 9th? Between 9 and 10th and between 20 - let me see. You go down, right? So it would be 25th and 23rd, back in that area. You know where Casa Blanca is? Vice Mayor De Yurre: Yeah. Mr. Ruiz: Back - that park that's back there. That park is Bright Park. Vice Mayor De Yurre: Right, OK. Mr. Ruiz: That park is going to be getting 14 trees. And the other park, Coral Gate, 1s going to be getting another 14 trees. They're going to donate a series of 28 trees that are species trees that the Parks and Recreations is going to OK before they are submitted. And we agreed to that, and we thought It was great for our neighborhood that they, you know, decided to donate these trees to our parks. Vice Mayor De Yurre: Go ahead. Mr. McDowell: I have one final response, if you will, that I've been giving during the interim time period, and that is that they are willing, my clients are willing to donate $20,000 towards further improvements 1n these neighborhood parks. Commissioner Dawkins: Where 1s J.L.? Vice Mayor De Yurre: Well, that takes care of one issue. Are we still handling - what about the tree issue? Commissioner Dawkins: All right. OK, I was going to move it, but I need J.L. Plummer to be in here. Vice Mayor De Yurre: Well, I don't know if she's ready to move it yet. Commissioner Alonso: Yes, it looks fine to me, yes. I'm ready to move it. 93 May 27, 1993 Commissioner Dawkins: OK. No, I'm going to move it with the... Vice Mayor De Yurre: But does it show - let me ask. Does it show the kind of trees that are going there? Mr. McDowell: Yes, it... Commissioner Dawkins: I'm getting ready... Commissioner Alonso: Yes, they do have it, yes. Commissioner Dawkins: No, no, no. I'm going to move it with the understanding that Commissioner Alonso be appointed from this Commission to oversee the trees' planting and distribution of it and all. That's what I would so move. Mr. McDowell: We would be happy to report back to Commissioner Alonso and demonstrate that. Commissioner Dawkins: Now, you have to let us vote, now. Mr. McDowell: Yes, sir. Vice Mayor De Yurre: OK. Do we have a motion? Commissioner Dawkins: I so move. Commissioner Alonso: Second. Vice Mayor De Yurre: OK, we have a motion and second. Commissioner Dawkins: With that - you understand, now, that Commissioner Alonso will check it out and report back to us. OK? Mr. McDowell: I understand that. Commissioner Dawkins: No further questions. Mr. McDowell: The only last thing I would ask is that your motion, depending on what your City Attorney tells you, accept, if you will, the opinion of title, as opposed to the title policy as originally stated. Vice Mayor De Yurre: So amended. Commissioner Dawkins: With that, so amended. Vice Mayor De Yurre: OK. No further discuss'on? Call the roll please. 94 ' May 27, 1993 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-347 A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF SOUTHWEST 9 STREET FROM THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST 31 AVENUE TO THE EASTERLY TERMINUS OF SOUTHWEST 9 STREET, A DISTANCE OF APPROXIMATELY 120.67 FEET AND THAT PORTION OF SOUTHWEST 10 STREET FROM THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST 31 AVENUE TO THE EASTERLY TERMINUS OF SOUTHWEST 10 STREET, A DISTANCE OF APPROXIMATELY 120.78 FEET, SUBJECT TO THE FOLLOWING CONDITIONS: 1) AN OPINION OF TITLE TO BE SUBMITTED TO THE CITY IN A FORM ACCEPTABLE TO THE CITY ATTORNEY 2) THE DONATION TO THE CITY OF 28 SPECIES TREES 3) THE APPOINTMENT OF COMMISSIONER ALONSO TO OVERSEE TREE DISTRIBUTION AND PLANTING 4) A VOLUNTARY DONATION OF $20,000 TO THE CITY TO BE RECEIVED BY THE CITY PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY 5) AN 8 FOOT HIGH WALL, MEASURED FROM THE FLOOR ELEVATION LEVEL, SHALL BE CONSTRUCTED AT THE SOUTH PROPERTY LINE AS PRESENTED BY THE APPLICANT AT THE ZONING BOARD HEARING OF APRIL 12, 1993, SAID ACTION BEING A CONDITION FOR THE APPROVAL OF TENTATIVE PLAT NO. 1437-A "TAMIAMI SHOPPING CENTER." (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 Commissioner J.L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez ABSENT: None. Vice Mayor De Yurre: Thank you very much. Commissioner Dawkins: And the money will go to the City of Miami to be spent - 20,000 plus... Commissioner Alonso: 20,000 plus... Commissioner Dawkins: ... plus 28 trees to be planted in City of Miami Parks, and Commissioner Alonso will oversee the choice and the type of the tree. Ms. Hirai: Commissioner Plummer, do you wish to record your vote? 95 May 27, 1993 Commissioner Plummer: Oh, I want to definitely say to my friend, Mr. McDowell, what a great -spirited system that Pace - is it Pace? - Pace is to this cavaunity, and we look forward to my girlfriend spending no money whatsoever. Vice Mayor De Yurre: And when can we expect the donation? Commissioner Plummer: My vote, of course, is yes. Mr. McDowell: Well, we will provide the donation as soon as reasonably possible; certainly before we come back to you with the final plan, which will be shortly. Commissioner Plummer: Prior to your certificate of occupancy. Commissioner Dawkins:- And let the record reflect that they came to Miller Dawkins asking him what to donate. Miller Dawkins didn't go to them and say that the Miami Mission ought to be the best thing to give the money to. Mr. McDowell: I would certainly second that, we asked. Commissioner Dawkins: OK, no problem. Commissioner Plummer: Then the donation understood will be forthcoming prior to the certificate of occupancy. Mr. McDowell: Yes, sir. Commissioner Plummer: Thank you, sir. ---------------------- -------------------------------------------------------- 18.(A) AMEND PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER -- FOR THE LINCOLN / NASHER PROJECT AT 701 BRICKELL AVENUE (BARNETT TOWER) -- BY SUBSTITUTING A RESTAURANT WITH A HEALTH CLUB. (Applicant: Taylor 8 Mathis of Florida, Inc. / Brickell Assoc.) (B) ACCEPT VOLUNTARY CONTRIBUTION MADE BY APPLICANT, TAYLOR b MATHIS OF FLORIDA, INC. ($10,000). ------------------------------------------------------------------------------ Vice Mayor De Yurre: Item number 2, PZ-2. Ms. .Catherine Carlson: PZ-2 is a request to amend a previously approved development order for the Lincoln National Project, also known as Barnett Tower, located at 701 Brickell Avenue to development of regional impact, pursuant to Chapter 380 of Florida Statutes by amending the findings of fact to substitute 6,747 gross square feet of building area previously proposed for restaurant use by a 7,500 square foot health. club. Vice Mayor De Yurre: OK. Before we proceed any further, Mr. City Attorney? 96 May 27, 1993 0 .0 Vice Mayor De Yurre: I am a tenant of that building. Do I have any problem voting on this item? Commissioner Dawkins: Not unless you didn't pay your rent. Mr. Maxwell: No, sir. Commissioner Plummer: You need the health club, but are you going there? Mr. Maxwell: I don't think you have a conflict of interest, sir. :Vice Mayor De Yurre: I'm healthy enough. Commissioner Dawkins: OK. What's the recommendation of the staff? Ms. Carlson: The staff's recommendation is for approval. Commissioner Dawkins: So moved. Commissioner Plummer: Well now, wait a minute. Hold on. They got a problem here, as I understand it. Commissioner Alonso: Why? Commissioner Plummer: The fee. Commissioner Alonso: They already paid. Mr. Jeffrey Bercow: No, we have no problem with this, with this matter. Mr. Maxwell: That's a different item. Mr. Bercow: That's a different item, Commissioner Plummer. Commissioner Plummer: OK. And to amend this development order, are they taking care of parks and recreation or is that... Mr. Bercow: That was all addressed at the initial DRI (Development of Regional Impact) approval stage. Commissioner Plummer: You have taken care of what you need to take care of? Mr. Bercow: Absolutely. We are in complete compliance. Commissioner Alonso: They already gave what - $65,000? Commissioner Plummer: No, not on this issue, right? Mr. Sergio Rodriguez (Assistant City Manager): They paid - the application fee was $65,000 on this item. Commissioner Alonso: Yes, it was. 97 May 27, 1993 Commissioner Plummer: Oh. We'll discuss the remaining portion"of that when 1t comes back to the other side of the coin. Yes, I'm for cooperative citizens. I'm very happy... Vice Mayor De Yurre: You mean how much of the 65 is going to be refunded, if at all? Commissioner Plummer: I'd say what they're going to volunteer, sir. Vice Mayor De Yurre: Oh, OK. OK, we have a motion and second. If no further discussion, call the roll, please. Commissioner Plummer: Well, let me ask this, Mr. Bercow. Mr. Bercow: Yes, sir. Commissioner Plummer: In any way, does this change the parking scenario? Mr. Bercow: No. In fact, it reduces the amount of parking needed.. Commissioner Plummer: OK. Would you consider this to be like an accessory use to the building? Mr. Bercow: Absolutely. Commissioner Plummer: Thank you. I vote... Commissioner Alonso: You're changing it from a restaurant use to a health club? Mr. Bercow: Yes, to a health club. Commissioner Alonso: OK. Commissioner Plummer: Want a chocolate bar? Mr. Maxwell: Excuse me, Mr. Vice Mayor. Vice Mayor De Yurre: Yes. Mr. Maxwell: I would suggest to you that if there is to be any discussion at all regarding any other matter, additional matter involving 701 Brickell, that you do 1t at this time, rather than address the issue when items 9 and 10 come up, because items 9 and 10, dealing with definitions of gross floor area and with fee schedules and so forth are general ordinances, and I would suggest to you that that is not the time to address issues of contributions or anything of that nature. If you feel that 701 should give the City something in addition now for the amendment to the development order, you should handle that now. Vice Mayor De Yurre: Well, are you talking about because of the timing thing, as far as time of application, time of this item being heard, if this gets approved now, that anything that we do subsequent,to this item then would not be applicable to it? 98 May 27, 1993 Commissioner Plummer: That's what he's saying. Commissioner Dawkins: So we can table... Vice Mayor De Yurre: Hello? Mr. Maxwell: Yes. The general ordinance - the two ordinances that you will address in the future, later on tonight, are general ordinances. They are not - particular, in theory, they are not particular to 701 Brickell... Commissioner Plummer: Let me ask you... Mr. Maxwell: ... even though they may be the only ones that are affected. Commissioner Alonso: So are you saying that we table this item and take it after?" Commissioner Plummer: Take it after the others? Mr. Maxwell: You can do that. Commissioner Plummer: OK. That's fine. Mr. Bercow: If I may, I - what we are going to suggest when PZ-9 and PZ-10 come up, we will suggest that those ordinances be made retroactive in effect to April 15th, or that they become applicable to applications filed after April 15th. We've already paid the 65,000. You have our 65,000. If, in fact, you agree with us and require that we pay some minimum fee - 10,000, or whatever you decide - then we will still pay something. Commissioner Plummer: That's what the lawyer is saying, Mr. Bercow. The lawyer is saying we have to determine that now, which is reasonable, to find out what you may or may not get as a refund on item 9 and 10. Mr. Bercow: But I don't think, other than the fact that it's the same applicant, that there's any relationship to the approval of the change to the DRI and the major use special permit, that there is no relationship between that and the Code matter. Mr. Maxwell: That is exactly why I'm recommending to the Commission that if there is any fee, additional fee, or you're reducing the fee in any way other than what the change to the ordinance would be, well, then you should address that now; not at such time as those items are before the Commission. You shouldn't mix those two at all. Mr. Bercow: I don't understand why we wouldn't be able to make an argument as to this - our particular problem when the ordinances come up. Commissioner Plummer: Mr. Bercow, he's trying to placate your having to argue at all, is what he's trying to do, sir. , Mr. Bercow: I understand. 99 May 27, 1993 Mayor Suarez: So aslar as the procedure, now, wou*ou recommend that we wait till we get to those items before we vote on PZ-2? Mr. Maxwell: You can do that or if the Commission wants additional - whatever it may - from Mr. Bercow's client at this time, you should ask for that now. Mr. Bercow will take his chances. Commissioner Plummer: Well, the Mayor has missed a portion. Mr. Maxwell: Yeah. Commissioner Plummer: Are you aware of what they're looking for in a later item on the agenda, is to reduce the fee which they have already paid of $►65,000 under the old schedule, which will be reduced under the new schedule to approximately 10,000. What we're saying is, is that they're somewhere in between that would be reasonable to reduce, and that the City Attorney has advised if it's going to be reduced, that it be done so now, prior to passing number 2, and that's so that it placates any argument. Commissioner Alonso: May I ask why did you pay the fee and didn't wait, when you knew that, in fact, this ordinance was coming up? Commissioner Plummer: It's been deferred three times. Mr. Bercow: Let me explain. It was deferred three times, and we really need to move forward on construction of the health club. There are tenants that needed and are negotiating for it. We have construction contracts that are pending, and about a month ago, the Planning Department gave us a very hard choice: Either pay the $65,000 now and get on this agenda for the change that we're requesting, or take your chances that it may or may not get deferred again. Even if it's heard tonight, in the best case scenario, it wouldn't be effective until the end of July, and then we'd have to file at the end of July, and then the hearing hour change wouldn't be until September or October. So we really need to move forward now, and we were, quite frankly, put between a rock and a hard place. Commissioner Plummer: Jeff, if you're the only application that is affected by this change... Mr. Bercow: That's my belief. Commissioner Plummer: ... do you wish to express to this Commission what you feel would be reasonable in a refund to your client? Mr. Bercow: We think that a refund of approximately 55,000 would be reasonable. if I may explain... Commissioner Plummer: How approximate? Mr. Bercow: If I may explain. The change that we have asked you to approve as PZ-2 was a change for approximately 7,000 square feet. Commissioner Plummer: Right. Nobody here is talking 65, OK? But I don't think anybody here is talking about giving you back 55. Now, what do you think is reasonable - be reasonable now. I'm not saying go overboard. 100 May 27, 1993 • • Commissioner Alonso: Should we be doing this kind"O f discussion? I don't think that we can possibly address this issue this way because... Mr. Maxwell: Mr. Mayor, let me tell you why I suggested to you... Mayor Suarez: Yeah. Guide us, please, Mr. City Attorney. Mr. Maxwell: Let me tell you why I suggested to you that this is not something you want to discuss later. Commissioner Plummer: The alternative is to give everything back. Mr. Maxwell: You have two pure zoning amendments before you later on. They are not germane to a particular property, even though there is only one that could be affected at this time. Commissioner Plummer: That's why he's... Mr. Maxwell: When you make that decision, you are bound by the standards and criteria 1n the Zoning ordinance, and you can't go beyond that. There is nothing in that provision, in the ordinance itself, that talks about money, nothing at all, other than the amount that you can charge for a permit. The item before you, item PZ-10 1s reducing the cost for a permit of the type that they are asking for from $65,000... Commissioner Plummer: Right. Mr. Maxwell... to $10,000. Now, if you pass that... Mayor Suarez: To $10,000 or to 65,000 to ten percent? Mr. Maxwell: No, it's to $10,000. Mayor Suarez: $10,000, all right. Mr. Maxwell: Now, if you adopt that ordinance today, and you make it retroactive to April 15th, Mr. Bercow's client is entitled by right to a $55,000 refund. He's entitled by right if you do that. Now, what you were negotiating earlier was a contribution from - a voluntary contribution is what they always make to the City of Miami. That should not be mixed at all with the amendment later on this evening. Commissioner Plummer: Nine and 10. Mr. Maxwell: If he - he would get that $55,000 back by right. Again, I emphasize that, if you adopt the amendment retroactively. Now, any other monies that he would voluntarily give you, you should negotiate that now. Commissioner Plummer: Well, what happens if we don't agree to make it 10,000. We make it 20,000. Mr. Maxwell: He's stuck. He only gets back 45,000. 101 May 27, 1993 Commissioner Plummer: Then he only gets $45,000 back, right? Mr. Maxwell: That's correct. Commissioner Plummer: Where he could get $50,000 back? Mr. Maxwell: If you make it retroactive, if you stay with the $10,000 Planning Department recommendation, it would be $55,000. Mayor Suarez: OK. So that's within our discretion when we get to that item. Why shouldn't we just take up PZ-2 at this.poi'nt? Mr. Maxwell: You can. You have PZ-2 before you now. Mayor Suarez: OK. Commissioner Plummer: Jeff, take us off the hook. Do you want to make a voluntary... Mr. Bercow: All right, yes. Yes, we do. Commissioner Plummer: All right. Mr. Bercow: If you, in fact, amend the Code as requested, and make it effective as of April 15th, then we will be happy to voluntarily donate $10,000 of the refund that we receive to the City's park funds. Commissioner Plummer: I so move item number 2. Mayor Suarez: So moved on PZ-2. Commissioner Alonso: Second. Mayor Suarez: Second. Mr. Maxwell: What he did, Mr. Mayor, was he tied it to your reducing... Commissioner Plummer: Yes, of course. Mayor Suarez: I don't think so. I don't think so. Mr. Maxwell: That's what I heard. That's what I heard, Mr. Mayor. Commissioner Alonso: He did. Mayor Suarez: OK. If you would prefer to rsstate it in some other way, Mr'. City Attorney, help us to get through the agenda. Mr. Maxwell: If he's making a voluntary donation... Mayor Suarez: There we go. Mr. Maxwell: ... of $20,000 that is not to be tied in any way..: 102 May 27, 1993 Commissioner Alonso: He donated $10,000, Mr. Mayor. Mayor Suarez: Actually, it's $10,000, I believe. Mr. Maxwell: ... to the other items. Mr. Bercow: It's $10,000. Commissioner Alonso: Ten thousand. Mayor Suarez: $10,000, all right. With that volunteered... Mr. Maxwell: $10,000, not to be denied. Mr. Bercow: $10,000 plus the 10,000 fee that you keep. That's it. Mayor Suarez: All right. With that voluntary contribution... Commissioner Plummer: Well, assuming that item 9 and 10 passes... Commissioner Alonso: But then he's tying that... Mayor Suarez: Please don't say that. The City Attorney is saying that that is not something we should say at this point. All right. Commissioner Plummer: OK. I'll shut up. I know when to quit. Mayor Suarez: PZ-2. We have a motion and a second, do we? Commissioner Plummer: Yes. Ms. Hirai: Yes, Mr. Mayor. Mayor Suarez: Call the roll. 103 May 27, 1993 The following resolutions were introduced by Commissioner Dawkins, who moved their adoption: RESOLUTION NO. 93-348 A RESOLUTION AMENDING A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER (RESOLUTION 83-856), FOR THE LINCOLN/NASHER PROJECT LOCATED AT 701 BRICKELL AVENUE (A.K.A. BARNETT TOWER), BY AMENDING THE FINDINGS OF FACT OF SAID ORDER TO SUBSTITUTE 6,747 GROSS SQUARE FEET OF BUILDING AREA PREVIOUSLY PROPOSED FOR RESTAURANT USE WITH A 7,500 GROSS SQUARE FOOT HEALTH CLUB; INCORPORATING THESE FINDINGS IN CONCLUSIONS OF LAW; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPERS; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 93-348.1 A RESOLUTION ACKNOWLEDGING AND ACCEPTING AN IMMEDIATE AND VOLUNTARY DONATION TO THE CITY OF MIAMI'S PROFFERED TRUST FUND IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000) FROM BRICKELL ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP, AND METROPOLITAN LIFE INSURANCE COMPANY, AS OWNERS, RESPECTIVELY, OF THE BARNETT TOWER (701 BRICKELL AVENUE) AND THE SUNBANK BUILDING (777 BRICKELL AVENUE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 104 May 27, 1993 Upon being seconded by Commissioner Alonso, the resolutions were passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. Mr. Bercow: Thank you. ----------------------------------------------------------------------------- 19. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL ZONING ADMINISTRATOR'S DECISION THAT A HIRING HALL TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND IS NOT A PERMITTED USE UNDER THE SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL ZONING DISTRICT. (Applicant / Appellant: Labor Force of Dade County, Inc.) (See label 21) ------------------------------------------------------------------------------ Mayor Suarez: Item PZ-3. Mr. Sergio Rodriguez (Assistant City Manager): Since it 1s an appeal, you start. Mr. Robert Levine: I'm here on PZ-3. I represent Labor Force of Dade County, doing business as Labor Finders of Miami. My name is Robert Levine. I'm with the law firm of Levine and Geiger, P.A., at 1110 Brlckell Avenue. Commissioner Plummer: Excuse me, Mr. Rodriguez, what is the actual address of this application? Mr. Rodriguez: This is not a particular application. They are appealing a decision by the Zoning Administrator. Commissioner Plummer: Would you explain that to me, sir. Mr. Rodriguez: Yes. At this point, what they are doing is appealing a decision by the Zoning Board, and the Zoning Board in this particular case upheld the interpretation by the Zoning Administrator that a hiring hall is not permitted as an employment - it's not an employment office. Commissioner Plummer: So the Zoning Administrator and the Zoning Board... Mr. Rodriguez: Decided. Commissioner Plummer: ... ruled that that was not a proper use? 105 May 27, 1993 Mr. Rodriguez: That was not a proper use. Commissioner Plummer: And now they're appealing that. They're saying it is a proper use? Mr. Rodriguez: Right. Commissioner Plummer: OK. Is there any location that is in particular - I mean, because I can't sit here and try to judge where SD-14 is. Is there a geographical area? Mr. Rodriguez: Yeah. The geographic area that they are talking about is the Latin Quarter area, and specifically... Commissioner Plummer: OK. But what encompasses that? Is that 12th Avenue to 17th Avenue? Mr. Rodriguez: ...12 to 17th and... Commissioner Plummer: From Northwest 1st Street up to 9th? Mr. Rodriguez: 1st to Southwest 9th, yeah. Commissioner Plummer: All right. Thank you, sir. Mr. Levine: 1279 Flagler. Mayor Suarez: Do we have a contested item here, Mr. Assistant City Manager? Mr. Rodriguez: They are appealing the decision by the Zoning Board. Mayor Suarez: Do you have any idea if this item is going to be contested? I'd like to know if we are to swear in the applicant. Mr. Joel Maxwell (Assistant City Attorney): She should swear them in anyway. Mayor Suarez: All right, Madam City Clerk, I'm not getting much help from the staff. Commissioner Plummer: Yeah, sure. Mayor Suarez: Please swear in everybody that might - is anybody going to be heard on this item, on PZ-3? Mr. Levine: I have some of my workers here. Mayor Suarez: OK, they're supporting. Is there anyone that is against the application of PZ-3? All right. Swear them in, in any event, just in case. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: Mr. Rodriguez, do you recommendthe item before us? 106 May 27, 1993 Mr. Rodriguez: We recommend that you uphold the decision by the Zoning Board that upheld the interpretation by the Zoning Administrator to prohibit hiring halls in this area, and that... Mayor Suarez: Hiring halls, which is like labor pools? Commissioner Alonso: Mm-hmm. Mr. Rodriguez: Labor pools. Mayor Suarez: All right. Make your argument. Mr. Levine: May it please the Commission. We're appealing two decisions. One is a legal... Commissioner Plummer: Your name, sir? Mr. Levine: My name 1s Robert Levine. Geiger, in Miami, Florida. Commissioner Plummer: Mailing address? I'm with the law firm of Levine and Mr. Levine: I've already stated for the record, it's 1110 Brickell Avenue, 7th Floor, Miami, Florida. Commissioner Plummer: I'm sorry, I didn't hear it, sir. Mr. Levine: The nature of our appeal is twofold. One is a legal appeal. We don't believe anywhere in the Code is there a provision, nor could there be a position, nor should there be a provision to discriminate between my client's type of employment agency and some other type of employment agency. It's uncontested, as far as I understand it, that no one is contesting that the zoning 1n this area permits the use of an employment agency, and the City has conceded that if we were hiring secretaries and things of that nature that it's a permitted use. Apparently, because of the type of workers, largely minority, lower income workers, that somehow or another, we are characterized as a hiring hall, which we contest, and cannot operate our business at this location. So if you were to call My client up and ask him to provide you with somebody to type a letter, that would be permitted, but if you were to call my client up and ask him to send a worker over to move furniture in your office, that is not permitted. And that's our basic legal concern. Mayor Suarez: May I interrupt you just for a second? Have you registered under our form for people who are considered to be lobbying the Commission? If not, may I stop you for a couple of minutes and have you fill out that form and be sure that you comply with that, please? I know it's a strange requirement. Commissioner Plummer: Are you being paid a fee? Mr. Levine: Yes, I am. I'm an attorney representing... Commissioner Plummer: Then you've got to be sworn in also. 107 May 27, 1993 Mayor Suarez: He was sworn in. Commissioner Plummer: He was? Mayor Suarez: Yeah, and it's not related to being paid a fee. Commissioner Alonso: Yes, he was. Commissioner Plummer: Where was I? I didn'.t hear his address. I didn't hear any of this. Mr. Levine: 1110 Brickell Avenue. Mayor Suarez: Yeah, he said it, he said it. Why don't you just fill out the form for a couple of minutes and maybe we can take up one other item. This is a very strange requirement. If anyone ever wants to change it, let me know. Commissioner Plummer: No, you don't. Mayor Suarez: All right. PZ-4. Commissioner Plummer: Keep them honest. Commissioner Alonso: Just take a minute and complete the form. Mayor Suarez: Right, please. 20. UPHOLD ZONING BOARD'S DECISION TO DENY VARIANCE TO ALLOW A REAR YARD SETBACK FOR AN EXISTING ACCESSORY STRUCTURE TO A SINGLE FAMILY RESIDENCE AT 636 N.E. 68 STREET. (Applicant / Appellant: George Clark Smith.) Mayor Suarez: PZ-4, is that controversial? Unidentified Speaker: PZ-4 is an appeal of a variance denied by the Zoning Board. Commissioner Plummer: Another appeal. Mayor Suarez: Who is here on PZ-4? Mr. George Clark Smith: I'm right here, Mayor. George Clark Smith, attorney, and I've resided in that property since - 41 years (inaudible). Mr. Joel Maxwell (Assistant City Attorney): He needs to be on the record, Mr. Mayor. Mayor Suarez: We need you on the record, sir. We need you by the mike and to be sworn in. Is there any controversy on this item? Are there any opponents to... 108 May 27, 1993 Mr. Sergio Rodriguez (Assistant City Attorney): Yes, we would. Mayor Suarez: All right, at least one. OK, why don't swear everybody in at the same time, please, anyone that's going to speak on this item. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: And we have the same problem, Mr. Clark [sic], as to Mr. Levine. Have you filled out the form, if you're being paid for your appearance today, or are you not being paid? Mr. Smith: He's not being paid for his appearance today. Mayor Suarez: All right, go ahead. No, you are. Commissioner Plummer: No, he's the applicant. Commissioner Alonso: He's the applicant. Mr. Smith: No, I'm self-employed. Mayor Suarez: You are the applicant, all right, very good. Mr. Smith: You know, you do some cases on your own. All right. Commissioner Plummer: What's that old saying about having a fool for a client? Mr. Smith: Well, don't mention me in the same name. Let's side step that one. Mayor Suarez: All right. Mr. Smith: Incidentally, I've done a lot of work for the City. I've got two lots from - a park given to the City, and - so they named it after (unintelligible), which I was president of for 12 years, and the daycare center there, and the basketball courts, and the tennis courts. And then, I also was commander and chairman of the board of trustees of American Legion (unintelligible) Post and got the Legion Park for the City. In fact, I represented the legion in the transaction. Well, gentlemen, we were turned down... Mayor Suarez: And lady. Mr. Smith: ... by five to four. It should have been the other way, of course. But what happened, I had to tear dor,n in a hurry a shed that we had, a steel shed, and it's a good thing I did, because what we've built was 370 blocks, concrete blocks, reinforced (unintelligible) and everything. I had a couple of contractors, and they didn't get the permit, and I found out why; because it was just a little over three feet to the property setback, instead of ten. Well, the property next door to us is no more than two feet away from the property line setback. And then they had some problems because I took back my three and a half foot to the east, which is called the chain saw 109 May 27, 1993 massacre. Unfortunately, that would - I knew that as far back as 1965, and I told the lady when she sold the property, give it back to us. But she didn't do that,, so Mr. GouTet is here because he wants to take three and a half feet frors me, and I refuse to give it to him, because it's my property, and he couldn't have bought the property with that on there, because. no mortgage company would have given him a mortgage. So I'd appreciate it if you could see your way to giving me a chance to keep my shed, because we've had lawn mowers stolen in the yard and all sorts of things, and we needed the space, and it's 12-by-16, and it's well constructed, because I supervised it over the contractors to be sure that they were doing the construction as it should be. My house is built by - August Geiger was the architect. It's poured concrete, reinforced steel, Dade County pine, and it's built better than anything they're building today, and so is our shed. It's built better than anything else.on the street. So I respectfully request you let us keep it. Mayor Suarez: Is this basically a tool shed, or what kind of shed is it? Mr. Rodriguez: It's a structure in the back that he had been using to store his building materials, but it could be also -converted to something else. He received a... Mayor Suarez: A fairly discreet size shed is what we're talking about, and it's extending beyond the setback? Mr. Rodriguez: Right. Mr. Smith: It's just a storage shed, a utility shed. Mr. Rodriguez: And it was built... Mayor Suarez: A utility shed. I call it a tool shed, I guess. All right. Mr. Rodriguez: ... was built without a permit and... Mr..Smith: We have tools in there, yeah. Commissioner Alonso: When? When? Mr. Rodriguez: In July 22nd of 1992, is when he - last hearing date, and he was found guilty at the time. And maybe somebody here from the NET (Neighborhood Enhancement Teams) Office can address specifically the date in which it was built. But we don't know. We were told that 1t was an illegal construction over there, and we sent the inspector. We found them building without a permit. It went to the Code Enforcement Board. In July 22nd, he was found guilty after he - they have him some chance to correct the problem, and... Mayor Suarez: Has he torn it down now? Is that what he... Mr. Rodriguez: No. That's what - he's trying to get from you a variance so that he can keep the building there. Mayor Suarez: OK, I thought that he said something about tearing it down. All right, so it's still there. 110 May 27, 1993 Mr. Rodriguez: No, I think that was another issue. I'm not sure about that. Mayor Suarez: OK. All right. You're not too sure. Commissioner Plummer: Well, he's then taking the appeal, right? Because he got turned down by the Zoning Board. Mr. Rodriguez: Right. Commissioner Plummer: So he's appealing their decision. Mr. Rodriguez: Right. Mr. Smith: They turned me down five to four. Commissioner Plummer: OK. But the other side here is saying, uphold the Zoning Board? Commissioner Alonso: Yes. Mayor Suarez: Right. That's usually the - that's the difference of opinion. Do you want to come up and tell us your view? Commissioner Alonso: One question. Is it true, Mr. Rodriguez, that the adjacent property is almost in the property line? Mr. Smith: It's two feet. Commissioner Alonso: One, two feet away? Mr. Smith: No, farther than - two feet, Madam Commissioner, right, right. Commissioner Alonso: But I see something that it's not your property. The adjacent property, it's almost - this picture over here. Mr. Smith: Yes, that's the adjacent property. It shows how close they are to the property line. Commissioner Alonso: The adjacent property 1s very close to you. Mr. Smith: That's correct. That's correct. Commissioner Alonso: All right. So it's a common pattern in that adjacent area... Mr. Smith: That's right and across the... Commissioner Alonso: ... property is almost 1n the property line. Mr. Smith: Across the street, there's no ten -foot line between the property setbacks between the properties there either. Commissioner Plummer: Miriam, it might be grandfathered, according to him. 111 May 27, 1993 Mr. Smith: Between a going east and west of course, and this, of course, is north and south. Commissioner Alonso: His own property? Commissioner Plummer: According to him. Commissioner Alonso: Yes, it is. His is also 1917. Mr. Rodriguez: Sorry. Mayor Suarez: All right. Mr. Rodriguez: Let me get Nancy Bahn, she's a NET Administrator, to mention to you on the record what she has been discussing with me. Ms. Nancy Bahn: Good afternoon. Nancy Bahn, City of Miami NET Administrator, Upper East Side. Commissioner Plummer: What happened to Code Enforcement? Did they go out of business? Ms. Bahn: Code Enforcement is here as well. Commissioner Kummer: Oh, what did they do? Ms. Bahn: Juan? Commissioner Plummer: Juan? Mayor Suarez: This is lovely. Mr. Rodriguez: Again, what happened e which one are you talking about? Commissioner Plummer: No, I'm wondering, if we spend a million dollars for Code Enforcement, why is NET doing his job? Commissioner Alonso: That's part of the job. Mr. Rodriguez: Because NET has the Code Enforcement inspectors assigned to them. They work for NET. Commissioner Plummer: OK, oh, I see. Mayor Suarez: Oh, they work out of the NET office. Commissioner Plummer: So they don't take $60,000,000 in liens. Mr. Rodriguez: That's a different issue. Commissioner Plummer: Yeah. 112 May 27, 1993 Mayor Suarez: Commissioner Plummer, and Mr. Rodriguez, and Nancy, please, everyone. Unless any Commissioner has any questions of the Administration, I think we have the basic idea that he's got a tool shed that is going a little bit beyond our setback requirements or a - what did you call it? - utility shed. And we have some opponents to a variance that would be granted. May we hear from the opponents? Unless there is something else that we're missing here in the equation, why are we going to get into an argument about Code Enforcement, and NET, when all we need to hear is what the objection is? Commissioner Plummer: Sir, it's not an argument, it's a flat statement. Mayor Suarez: No, I know, but he first suggested that Nancy get up there, and then you told Nancy to get off. In the meantime, we're not following any kind of a logical procedure here. Mr. Rodriguez: Mr. Mayor, because there was a question from Commissioner Alonso. Commissioner Alonso: Well, there was a question, and even though it's not logical up here, usually what you do when you ask a question, you get an answer, and then... Mayor Suarez: What is the question that you need answered, Commissioner? Commissioner Alonso: Well, she was beginning to respond to my... Mayor Suarez: What is the question that you need answered? Commissioner Alonso: Well, it was the location of the adjacent property that I made reference to. Mayor Suarez: All right, please. Ms. Bahn: And I'm thinking you are talking about the property to the east of the property. All right. First, that property, that particular house was constructed many years ago, and is grandfathered in where it is constructed, and in addition to that., that is where the three and a half feet was taken away from that property when the survey was redone. Commissioner Alonso: That's the three and a half that he referred to. Ms. Bahn: Yes, ma'am. Commissioner Alonso: So. originally, that property was three and a half to this side, it was purchased at some time th,,1 we don't know, and that's why it's so close. Ms. Bahn: Yes, ma'am. Mr. Smith: I'll tell you what happened. Mayor Suarez: No, no, not just yet, please. Mr. Smith: OK. 113 May 27, 1993 Commissioner Alonso: I guess I get more or less the picture. Mayor Suarez: Yeah. Commissioner Plummer or anyone else wanted to inquire of anything? Commissioner Alonso: Thank you. Vice Mayor De Yurre: Mr. Mayor, if I may. Mayor Suarez: If not, we'll hear from the opponent, please, and then we go back to you... Vice Mayor De Yurre: Well, I'd like to ask a question, if I may... Mayor Suarez: Vice Mayor De Yurre. Vice Mayor De Yurre: ... from the NET Office. Have you received any complaints? Because we received a number of complaints as to the status of the property itself, as to the cleanliness of it, whether there is debris on it, hurricane damaged stuff on the property. Have you heard any of that? Ms. Bahn: I don't recall any complaints like that, I'd have to look at our files. But just - I'm being told that in the original charges, there were those complaints. Vice Mayor De Yurre: OK. Do we know whether it's been addressed and cleaned up? Mr. Smith: It most certainly has. Mr. Juan Gonzalez: Commissioner, Juan Gonzalez, Planning, Building and Zoning. In the original Code Enforcement issued July 22nd, one of the charges was outside storage of miscellaneous material and equipment. Commissioner Plummer: Excuse me. July 22nd of last year? Mr. Gonzalez : Yes, sir. Commissioner Plummer: And we're just getting around to it now? Mr. Gonzalez: Yes, sir, because remember, this went through the Administrative rounds. Commissioner Plummer: That's ridiculous. Mr. Rodriguez: Because it had to go to the Zoning Board. You have to... Commissioner Plummer: I don't care where you got to go. Ten months to get here is absolutely ridiculous. No wonder the million dollars are going out the window. Mayor Suarez: Vice Mayor De Yurre is inquiring. 114 May 27, 1993 Vice Mayor De Yurre: So? Mr. Gonzalez: I'm sorry, Commissioner. The original charge did include outside junk. I believe that charge has been corrected. Vice Mayor De Yurre: Do you believe or are you sure? Mr. Gonzalez: I believe. Unfortunately, the the NET inspector got caught in a meeting, he's not here. But I believe when we discussed it earlier today or this morning, he. told me that charge number 2 was in compliance. All remaining was the encroachment in the yard and working without a permit. Vice Mayor De Yurre: OK. Mr. Smith: I might answer that by saying it's the best kept yard on 68th Street. Mayor Suarez: Very good, all right. We didn't really ask, but OK, go ahead. Mr. Robert Goulet: My name is Robert Goulet, and I live at 650 Northeast 68th Street, the property right next door. Commissioner Plummer: Robert Goulet. Mayor Suarez: Sounds very much like a famous singer. Commissioner Plummer: He wishes. Mr. Goulet: If I was, I wouldn't be living there. Anyways, I just moved in last year. I bought the house last year and there's a problem with the property, encroachment on his property and it's all grandfather-claused. I put the fence up between his property and my property, and I got a permit to put the fence up, and the neighbor on the other side of him told me that he didn't have a permit for his shed. So he filed a complaint that he didn't have a permit for his shed, and he asked me to come. That was back in July. If I put a fence up - if anybody on that yard - in that street or neighborhood or in the City of Miami needs. to do something, they get a permit. This is my first house, and I was drilled in - drilled in my head by my father, "Make sure you don't do anything until you get a permit." So I put a fence up and I got a permit, and I find out that this gentleman, Mr. Smith, does not have a permit. He's a lawyer, and he lives on the street and before I lived there, talking to my neighbors, they've all been intimidated by Mr. Smith, because he is a lawyer and they can't afford a lawyer and all that, so they've never said anything. Well, if I need to have a permit to do something, Mr. Smith needs to have a permit to do something. He is not above the taw. He might represent the law, but he's not above the law. That's how I feel, and I think that he should follow the law and whatever it takes for him to either move the shed, get a variance, whatever. But if anyone else in the street needs to do something to improve their property, they need a permit. Mr. Smith needs a permit as well. Mr. Smith: Do you have any objection to us getting a variance here now? 115 May 27, 1993 Mayor Suarez: Direct the questions to the chair. What is your point, Mr. Smith? Mr. Smith: I want to know, Mayor, if he has any objections to us getting - being awarded a variance now. Mayor Suarez: I think that's what he tried to say, but do you... Mr. Goulet: In so many words. Mayor Suarez: Do you have any objections? Mr. Goulet: Yeah. I would like to see - I would personally like to see the shed come down. I don't call it a tool shed. It's a big structure. It's probably got rooms in there, too, but I don't know, I can't say... Mayor Suarez: Just how big is this? Does anybody know? Mr. Goulet: It's very big. It's not a tool shed. Mayor Suarez: OK. Could you have the dimension to the shed? Commissioner Plummer: It's 376 bricks. Mr. Smith: Twelve-by-16 feet. Commissioner Plummer: Three hundred and seventy-six blocks. Mr. Smith: We have a lot of items that are family possessions, antiques as well as our shutters that are made in 1935, the wood that doesn't age - the wood that - cypress. Mayor Suarez: Just the dimensions, and would you please strike from the record the very humorous remarks by my colleague that are realty going to make it seem like a totally unusual matter that we have here before us. It's... Mr. Smith: Twelve feet by sixteen feet. Mayor Suarez: Very good. Commissioner Alonso: Twelve feet by sixteen feet. A comment was made on the record. Permits are for anything that cost more than $500, isn't it? Mr. Rodriguez: Right. Commissioner Alonso: OK. And this is... Commissioner Plummer: Is that retail or wholesale? Mr. Smith: I'm trying to get a permit now. That's - a new variance. That's what I've been working for for all this time. Commissioner Plummer: Does this meet the South Florida Building Code... 116 May 27, 1993 Mr. Smith: It exceeds... Commissioner Plummer: ... if we didn't have the problem with the variance? Mayor Suarez: Are you directing that at staff, Commissioner? Commissioner Plummer: Of course I am. I pay them a lot of money. Mr. Hector Lima: Hector Lima, with Building and Zoning. In order for him to comply with the South Florida Building Code, he will have to submit plans, and then he will probably be requested to supply certification... Commissioner Plummer: Wait, wait, whoa, whoa. You didn't check to see whether or not it's in compliance or not? Mr. Lima: Sir, before we can even look at anything in compliance, we need to have plans and certification by engineers. This is something that was built without a permit, so therefore we cannot say that it's safe. Commissioner Alonso: So if we wanted to make a decision and approve what he has, we can do it subject to. Mr. Lima: You will be doing it subject to him getting approvals from the City, Building and Zoning, yes. Commissioner Plummer: It's cheaper to tear it down. No, because the footings and all of that have got to be legal. Mr. Smith: They're all legal, I can assure you that. Commissioner Plummer: You don't know our Building Department, sir. Mr. Smith: Yes - well, I've had quite a bit of experience with them since this thing happened. Commissioner Plummer: Well, again, to the objector - there is only one; 1s that correct, one objector? Commissioner Alonso: Yes. Mr. Goulet: There's two objectors. Commissioner Plummer: There's another one? Mr. Goulet: Ratzi, right here. Commissioner Plummer: Al right. Sir, are you violently opposed to the variance being granted if the shed does come into compliance with the South Florida Building Code? Mr. Goulet: Yes. Mr. Smith: Because he wants... 117 May 27, 1993 Commissioner Plummer: Sir... Mr. Smith: ... to take three and a half feet from me. Commissioner Plummer: ... whatever reason he wants is his reason to his opinion, you know. He has every right to expect that they... Vice Mayor De Yurre: Let me ask - do you living adjoining to the property? Mr. Goulet: Yeah. Commissioner Plummer: He's contiguous. Mr. Goulet: I live right next door. I live right... Vice -Mayor De Yurre: On the side of where the shed is? Mr. Goulet: I live on the east side. The shed's right behind his house. Vice Mayor De Yurre: I know, but are you - is it more - is it right in the center, or is it closer to your property, or is it closer to the other side? Mr. Smith: It's closer to the west side. Mr. Goulet: To the west side. Vice Mayor De Yurre: By how much? How big is this lot? Mr. Goulet: Well, all the lots on the street, I believe, are 50 feet-by-50 feet, 501-by-50'. Commissioner Dawkins: Fifty feet by one hundred feet. Mr. Goulet: Oh, fifty by one hundred. Mr. Smith: Fiftyby ninety, really, seven foot... Vice Mayor De Yurre: And what's the size of this shed? Mr. Smith: Twelve feet by sixteen feet. Vice Mayor De Yurre: Twelve -by -sixteen. Commissioner Plummer: It's a garage. Mr. Smith: And we have lots of things that have to be stored, including our cypress shutters, work with our aluminum... Vice Mayor De Yurre: Sure. Mayor Suarez: Commissioner Dawkins. .Commissioner Dawkins: I think that this gentleman is not objecting so much to the shed - and if I'm in error, correct me. What he's objecting to is that 118 May 27, 1993 the law is not being applied equally, in that he's saying had it been him or anybody else to the block, they would have had to conform to the law, and he feels that because this gentleman is who he is, and has been there so long, that the City of Miami, there again, is making concessions and is allowing this gentleman to do things that they would not allow, him to do, and that's what he objects to, I think now. Mr. Goulet: Correct. Mr. Smith: Let me explain that, if you would, sir. Mayor Suarez: All right. Any further points you want to'make? Mr. Smith: Yes. Mayor Suarez: We've got to vote on this. Mr. Smith: I had... Mayor Suarez: You or your architect. Mr. Smith: I had two gentlemen that were contractors, Joe Collego and William Grant, and they were to get the permit, and they didn't, because they must have found out about the setback, and I didn't realize the setback was that, because it used to be you could build right to the property line. That was a mistake on my part, and a costly one. Mayor Suarez: Is he going to say something as an expert on your behalf? Mr. Clemente Rios: Yes. Mayor Suarez: Give us a name. Mr. Rios: Yes. My name is Clemente Rios. I am not a registered architect, I'm not a professional engineering, but I was a building inspector for the City of Miami for about eight years. And some of you guys and girls - I mean ladles -.knows me for many, many years. I am sure that the structure is good. I'm not getting the professional statement as a registered architect - I mean registered or professional engineering, but I assume that this is well built. It is my opinion, and the best knowledge is my eight years with the City of Miami. I work by myself now as Rios Construction Corporation. This is my statement. Thank you. Mayor Suarez: OK, very good. Anything further, Commissioners? If not, I'll entertain a motion. Commissioner Plummer: I move that we uphold the Zoning Board's decision. Mayor Suarez: So moved. Commissioner Dawkins: What is the Zoning Board's decision? Commissioner Plummer: Denied. 119 May 27, 1993 Mayor Suarez: They denied the variance. Commissioner Plummer: The shed's just too big. If it was a little shed that was for a lawn mower and a fake or something, that's one thing. But 10-by-16 is damn near the size of a garage. Mr. Smith: Commissioner Plummer, they took everything we had out of the yard, everything we had in the yard at all. Commissioner Plummer: Sir, they take it out of my yard every day. Mr. Smith: Well, the jump the fence, they tried to take the license plate off my car. We just about caught them when they did that, and... Commissioner Plummer: Mr. Smith, I got ten dollar chairs and hundred chains. Mr. Smith: Well, I've got the same. Mr. Goulet: I had a lawn mower stolen just last week. 'I live right next door. Mr. Smith: Right. And they steal right out of the yard. I've had... Mr. Goulet: I locked mine up. Commissioner Dawkins: To get this off the -dais, I second the motion. Let's vote. Mayor Suarez: All right. The public hearing is closed. We have a motion and a second. Any further discussion? If not, please call the roll. The following resolution was introduced' by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-349 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, R-1 SINGLE FAMILY RESIDENTIAL, CONDITIONAL ACCESSORY USES, TO ALLOW A REAR YARD SETBACK OF 3.1' (10'-0" REQUIRED) FOR AN EXISTING ACCESSORY STRUCTURE TO A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 636 NORTHEAST 68TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED R-1 SINGLE FAMILY RESIDENTIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) -120 1May 27, 1993 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. ------------------------------------------------------------------------------ 21. (Continued) DISCUSS AND CONTINUE FOR FURTHER INFORMATION (TO JUNE 29TH MEETING) PROPOSED RESOLUTION TO APPEAL ZONING ADMINISTRATOR'S DECISION THAT A HIRING HALL TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND IS NOT A PERMITTED USE UNDER THE SD-14 LATIN QUARTER COMMERCIAL - RESIDENTIAL ZONING DISTRICT. (Applicant / Appellant: Labor Force of Dade County, Inc.) (See label 19) -------------------- ---------------------------------------------------------- Mayor Suarez: Back to PZ-3. Unidentified Speaker: Thank you very much: Mayor Suarez: The gentleman that was filing, Mr. Levine, that was filing his documents with the City. Did I pronounce that right? Is it Levine? Mr. Robert Levine: It's Levine, thank you. Mayor Suarez: It's Levine. Mr. Levine: And I apologize for not filling out the form earlier. Commissioner Dawkins: Our apology, because we didn't alert you. Mayor Suarez: Yeah. We apologize because we didn't alert you, so. Mr. Levine: As I was saying, if you were to call my client's business and order a secretary, the City says that's OK. If you were to call my client's business and ask for a person who could move your furniture, that's not OK. And I've reviewed the code, and I frankly don't understand where there is a distinction in the code between my client's type of employment agency and any other type of employment agency, and I don't think it's at all appropriate that the City of Miami go ahead and discriminate against people who do manual labor, as opposed to office labor; people who may not earn as much. Mayor Suarez: What is the - if you don't mind being interrupted on this. Can you give us a rationale for the difference, Mr. Rodriguez? 121 May 27, 1993 Mr. Sergio Rodriguez (Assistant City Manager): Yes. There is a'•definition in the ordinance for hiring halls, specifically saying that a hiring hall... Mayor Suarez: Hiring halls. Mr. Rodriguez: Yes. Mayor Suarez: OK. I just want to make sure that's... Mr. Rodriguez: Is a building used to provide employment services for laborers. We received complaints by the adjacent property owners and businessmen through the NET (Neighborhood Enhancement Teams) Office that this area was being used by people to hang around, like you find normally in hiring halls and laborers, as compared... Mayor Suarez: What a lot of people refer to as a labor pool? Mr. Rodriguez: A labor pool, right. Mayor Suarez: OK. As opposed to an employment agency, where people go in, sit down and get interviewed and... Mr. Rodriguez: Right. So there 1s a definition in the ordinance, and in the ordinance, the first place where the labor pool is allowed is in the industrial districts. Commissioner Alonso: Where are they located? Mr. Rodriguez: In the Latin Quarter. Mr. Levine: They're at 12th and West Flagler. Commissioner Alonso: What is the exact location? Mr. Levine: 1279 West Flagler. I beg to differ with counsel. The section of the Code he's referring to, the only passage of the entire Code under industrial intent and scale refers to manufacturing, processing, assembling and storage activities, generally limited to items that create fume, smoke, illumination, hazardous waste, negative visual .impact and things like that. It doesn't _say anything about an employment agency. I think his reference is in regards to item 7 of the example of an industrial use, and it says, Hiring halls for seamen and dock workers." Well, my client doesn't hire seamen or dock workers, and there is nowhere 1n the Code, and I would challenge the City Attorney to show me in the Code where my clients - there's any definition of employment agency that distinguishes my client's type of employment agency from other - some other type of employment agency. Having said that, we don't understand why - and I think it may be helpful to the Commission to explain some of the tortured history here. My client has been operating his business, he pays his taxes, he pays workmen's compensation and he applies very badly needed employment to the most disadvantaged members of our community. If it wasn't for my client, most of these people would be on the welfare rolls. They all live within this area, and they don't have access to public transportation, they don't own cars, and he provides very, very important employment to .the people who live in that area. 122 May 27, 1993 • • Mayor Suarez: Is there - let me just ask, Is there - are there opponents to this? person, or What's the story here? counselor, if I may interrupt you. I mean, in writing, but not in Mr. Rodriguez: There are complaints that we have received, and we have the NET Administrator here, Pablo Canton, to address that issue, if you want to. Mr. Levine: We do have a letter from the Catholic Church across the street, supporting us. We think that part of the - there is a misperception on the part of some of the people in that area. There are people in that area, but they're not our people. Our client has an office, they have a waiting room for their people. There are other people... Mayor Suarez: It's right across from what? From Saint John Bosco; is that what you're talking about? Mr. Levine: This is the president of the company. He'd like the opportunity to address the Commission. We, incidentally, had to go to the Dade Circuit Court to have the Zoning Administrator... Mayor Suarez: Are you on the opposite side of Flagler from Saint John Bosco, right? Mr. Levine: Yes. Mr. Douglas Doxey: No, we're on the same side of Flagler. Mayor Suarez: Same side of Flagler? Mr. Doxey: Yes. Mayor Suarez: And on the other side of 13th Avenue, obviously, since your address is 127... Mr. Doxey: Between 12th and 13th. There was a... Mayor Suarez: ... shopping center. There's a... Mr. Doxey: Yeah, it's a little strip shopping center. There's Sedano's... Mayor Suarez: Could you - I hate to interrupt you on this. Commissioner Alonso: Where are you; north, south? Mr. Doxey: We're on the north side of the street. Commissioner Alonso: North side, that's what I thought. Mayor Suarez: OK. So you are on the opposite side of Saint John Bosco. Commissioner Alonso: Yes, yes. Mayor Suarez: Not the same side. 123 May 27, 1993 Mr. Doxey: No, the same side. Commissioner Alonso: On the opposite side, that's what I thought. Mr. Doxey: Saint John Bosco is also on the north side. Mayor Suarez: Right. North side is right. Mr. Levine: I would ask the Clerk to take this and mark it, and enter it into the record. Commissioner Alonso: So you are in the same side of the supermarket and... Mr. Doxey: Yes. Mayor Suarez: You're one of the little shops, then, one of the little stores that are all the way up to Flagler there? Mr. Doxey: Yes. My name is Douglas Doxey. I'm the majority owner of Labor Force of Dade County. We're located between 12th and 13th. The Saint John Bosco is located between 13th and 14th Street. I have a letter here from... Mayor Suarez: Excuse me, if I interrupt you just for a second. The Sedano's or whatever the store 1s across the street, whatever is going on behind that is a violation of every possible code in the world, and it's really doing a job on that area. Could you track that down, Pablo, at some point, and get back to us? Not now, not now. It's just that the activities they have going on, it's just -water all over the place, there is just - I don't know if they're cutting up fish, or fowl, or what they're doing back there, but the people are complaining about it. All right. Mr. Doxey: If I may, I have a letter here from the Reverend Emilio Vallina. "To Whom It May Concern:" This letter is on behalf of Labor Finders located. at 1279 West Flagler Street, who are doing a good service to the community." Mayor Suarez: Father Vallina. Commissioner Alonso: Vallina. Mr. Doxey: Vallina, I'm sorry. Mayor Suarez: OK. Now we know who we're talking about. Mr..Doxey: "These people find jobs for many who are unemployed and cannot find work. They try to keep a lot of families together, at least put food on their tables. A lot of men come into the office early in the morning, but by 8:00 a.m., they are all clear. That's not disturbing the area in any way. There are many loiterers around, but they are not the ones that come to their office. I believe they are doing a good job and a service to the community, and. they should be allowed to continue with their work." 124 May 27, 1993 We as Labor Force, Labor Finders of Dade County, are putting over a hundred men to work every day. I pay workmen's compensation, which everyone knows in the State of Florida is totally out of sight. These people are totally Insured, I pay them on a daily basis, I take out their taxes, I take out their Social Security. I do not fuel the underground economy. I have an office, I have two computers, I have a set of files, I have desks. I am an office, I am an employment agency. As my attorney, Robert Levine, said, if you would have called me up and asked me for a secretary, and she comes back at the end of the day and gets paid, that's fine. You ask me for a laborer, of which I have some representative people here who would like to speak, then all of a sudden, I can't do this type of business. There is a terrible problem in that area. I did not create the problem. If I am forced to move to an industrial area, to a factory area, such as the Zoning people said, I will have to go out of business. I will not have the people, they cannot get there, and what you're going to do is put another hundred people right in that area. If anyone would go by at 6:00 o'clock in the morning, there are 30 or 40 people - most of them who are Illegal - get hired by contractors, hop in the back of pickups, get paid $4, $5 an hour in cash. I do not do that. We carry insurance, we have a legitimate business, we have a contract with our customers. Rinker Materials is one of my largest customers. I send 20, 30 people a day to Rinker Materials. If I send 20 or 30 secretaries, that's OK. I just feel that the Zoning people are discriminating against me, against the low end of the economic curve of my people, and I just don't think it's fair. I am a legitimate businessman. My payroll for downtown Miami - and these are not transient people. These are 99 percent people living in this community who just do not have transportation. My payroll will be over $2,000,000 this year, in 1993, mainly because of cleanup from Hurricane Andrew. That's why my business has increased so much. There is another business down the street, A- 1 Labor. Nobody even bothers them. They don't even have a business license. And Saint John Bosco Church says that I'm not the bad guy in the area. You go by there at 9:00 o'clock, there's a bunch of drunks there, there are loiterers. Those are not my people. My people are to work by 7:30, 8:00 o'clock, they come back at 3:00 o'clock, they pick up their checks, and they go home. Mayor Suarez: Let me just ask a question. I think he's posing a legal dilemma here, in addition to the zoning argument, and that is that somehow, labor pools are being treated differently from employment agencies. Would we be able to withstand a challenge, if there's no rational basis for a distinction, or... Mr. Sergio Rodriguez: We - do you want me to try to answer? We made a determination that hiring pools, if they were not allowed in the City, that would be a problem, but we say in our determination that hiring halls are allowed also in commercial areas, C2 commercial areas with special permit. We're saying that in this type of commercial area where we have a different kind of businesses, they don't belong there. We believe in this part of the City, you know, where we have a different type of office.and commercial use, employment offices belong, and this is typical of the ordinance; allow certain things in certain areas where they are compatible, and allow them in other parts of the City where they will be also more compatible. Mayor Suarez: What do you make of the argument that if you discriminate in whatever, whether it's a portion of the City or all of the City - in this case 125 May 27, 1993 you're saying it's a portion of the City - between employment.agencies for people who are white collar workers as opposed to those who are blue collar or who are laborers, that that somehow is discriminatory? Commissioner Alonso: I think that probably, Mr. Mayor, and let me make a comment here. The difference, as I see it, and the problems it creates in the large number of people, and the gatherings in front and around the location of that type of business, and it does create a problem in the neighborhoods. For example, Prow large is your office? Mr. Doxey: Seven hundred and fifty square feet, ma'am. Commissioner Alonso: That's a very small place for the number of people that you have around. Mr. Doxey: Yes, but if I might say, that the people come in, they start coming in at 5:30 in the morning. They're all gone by 7:30 in the morning. We don't have a hundred people in this 750 square foot. I had, when I first opened... Mayor. Suarez: How many employees do you have there? Mr. Doxey: How many employees do I have in the office? Four to five in our office. When I first... Mayor Suarez: How many people get picked up on a daily basis, a typical day? Mr. Doxey: We go anywhere, depending on the weather, from 50 to a hundred a day. Mayor Suarez: And typically all picked up by what hour? Mr. Doxey: Everybody, if they don't have transportation, we have two vans, we they're all gone by 7:30 in the morning. Mr. Mayor, if I may, when I first started this business, we were on Northwest 12th Avenue, right around the corner, 18 Northwest 12th Avenue. We opened this business 1n 186, and I went down to the Zoning Board, and I told them exactly what I did, and they classified me as a temporary 1 agency, and gave me a license for that. I made one mistake, when I moved around the corner, I didn't realize that the license I needed didn't follow me. I still have a business license, I have an occupational license. I didn't realize that that zoning didn't follow me, since I only moved 300 feet. And as I say, in 186 when I went there, and I went to the - wherever you go for permits downtown, and I told them exactly what I did. And they said, you are a temporary employment agency, here is your permit.. And we moved in 189, we've been there since 189. Now, all of a sudden, in 1992, someone cones in and tells mp I can't do business. Mayor Suarez: How many people wrote in or otherwise objected to this? Mr. Pablo Canton: Mr. Mayor, we had about three different businesses in Flagler Street that complained about it. That's how... Mayor Suarez: Businesses, not residents? 126 May 27, 1993 Mr. Canton: Businesses, correct businesses. Commissioner Alonso: This is a business.area? Mayor Suarez: Pablo, no residents? Mr. Canton: That's correct, businesses. Mayor Suarez: On Flagler, on the same side of Flagler, presumably, as they are? Mr. Canton: That's correct, that's correct. Mr. Levine: Mr. Mayor, I don't recall anybody appearing before the Zoning Board... Mayor Suarez: No, no, I presume that that's in writing, right? Mr. Canton: No, no, it's in writing. Mayor Suarez: OK. You have the letters for the record that they can look at? Mr. Canton: I have it in my office, yes. Mayor Suarez: Or cards. Are they cards or letters? Mr. Canton: Letters. Mr. Levine: I think it's important that the Commission knows something' about this case. We had to go to the Dade Circuit Court... Mayor Suarez: Something about this case? My God, you've told us almost everything there is possibly to know about this case. Counselor, you're a master of understatement. Let me just get a feel from the Commission whether we want to get more into this. Commissioners, are you going to be interested 1n hearing all of the supporters and all of the, arguments.of counsel, or are we going to... Commissioner Plummer: Are the supporters going to tell us anything differently than what we've heard? Mr. Doxey: They're going to just tell you that they depend on me and if I'm forced to move from this area... Commissioner Plummer: Sir, I appreciate that, but that is not applicable to a zoning application. Mayor Suarez: Can we have a show of hands on that, to simplify that, to expedite that? All of the people who would tell us that they have been employed and otherwise are supportive of this business being there and think you're... Mr. Doxey: Raise your hand. 127 May 27, 1993 Commissioner Plummer: All four of them. Mr. Doxey: All right sir. Everybody else is working. Mayor Suarez: ... think you're great? Think you're great guys, et cetera. Mr. Doxey: I'm sorry, I mean, I - another hour could bring a hundred of them, if you wanted. Mayor Suarez: Counselor, I can't imagine that this Commission needs to know anything further about this, but if you want to try us... Commissioner Alonso: Just one more question. Mayor Suarez: I'm sorry, Commissioner Alonso. Commissioner Alonso: How many people on an average day do you have, that you say they come at 8:00 in the morning and come back in the afternoon to get the check, how many people are we talking about? Mr. Doxey: As I say, on a good day, we might do a hundred people. On a bad day, we might do 50. But, ma'am, they start coming in at 5:30 in the morning. Some jobs start at 6:OO, some start at 6:30, 7:00, 8:00. They're all gone by 8:00 o'clock. It's not - you don't have a mass gathering. I mean, it's interesting, prior to this at 4:00 o'clock, you people are talking about the problem with the homeless in Miami, and I am putting people to work and paying them on a daily basis. If you make me move to a factory area where these gentlemen cannot get there, I cannot afford to come down and pick them up because I'd price myself out of business. Then you're just going to add to the homeless problem. Commissioner Alonso: Just a minute. Mention to me areas in which your business would be legal and it's not far from there. Commissioner Plummer: A block. Mr. Juan Gonzalez: Juan Gonzalez, Planning, Building and Zoning. Commissioners, this is probably - where first it's allowed... Commissioner Alonso: Is Little Havana, for example, yes? Mr. Gonzalez: No, no. This is - see, what happens is, there was a determination made that the hiring halls are... Mr. Sergio Rodriguez: Areas, areas. Mr. Gonzalez: ...C2. Commissioner Alonso: I do know that. I just want to know in what location? Commissioner Plummer: Sir, the question is, how far away? Commissioner Alonso: Now far away? 128 May 27, 1993 Mr. Gonzalez: Probably about - the closest C2 that they have from there would probably be about a mile. Mr. Doxey: I would like that gentleman to find me a location. Commissioner Plummer: No, no, no. No, no, no. C2 is right on the other side of 12th Avenue. Mr. Gonzalez: It's farther, on the north side... Commissioner Plummer: Just one block away. Mr. Gonzalez: No. C2 is farther down 12th Avenue though. It's probably... Commissioner Plummer: It's not 12th Avenue and Flagler Street C2? I have a funeral home, sir, that was there, and it was C2. Mr. Gonzalez: No, no, that's under the old zoning. That's - you're thinking about 19 - the old ' 68, 171. C2 now is farther up north than 12th - 12th Avenue and Flagler now is... Commissioner Plummer: What is 12th Avenue and Flagler? Mr. Gonzalez: It's SD-14. Commissioner Plummer: No, sir, on the other side of 12th Avenue and Flagler. Mr. Gonzalez: It's probably a C1 now. It's community commercial. C2, you're talking about, it's almost an industrial zoning. See, now there's only three types of commercial zoning, but realistically, there's C1, which is commercial zoning; C2, which is a little bit heavier, almost industrial zoning; and the "I," which is industrial. There's only three zonings. Commissioner Plummer: Could we hear from the NET (Neighborhood Enhancement Teams) Administrator? Sir, are they good, bad, or indifferent in there? Mr. Canton: The only problem that I can see is that, let's say that a hundred people go to work, and they only need 50. The other 50 stay around in the neighborhood, and we received complaints about basically the same thing that's happening on 8th Street and 74th Avenue. Mayor Suarez: It's the same thing we're talking about in Flagami? Commissioner Plummer: Yeah, right. Mayor Suarez: Question. I don't know who would be the best person to answer this, but suppose we were to agree to.continue - their continued use, but only for a period of time until we solve that - could we reverse ourselves at some point? Commissioner Plummer: No, you just grant the variance for six months. Mayor Suarez: Can we do that? 129 May 27, 1993 Commissioner Plummer: Yeah, you can grant it for six months, or four months, or a review, or sunset, or do whatever you want. Mayor Suarez: I'll entertain a motion of that vein, in that vein, if you want to try. Commissioner Plummer: Well, I'm not happy with the answer that... A. Quinn Jones, III, Esq. (City Attorney): don't grant it® You can't condition it. Mayor Suarez: Can't do it for six months. Either you grant a variance or you Commissioner Plummer: Oh, you can't? Since when? Mr. Rodriguez: No, no, no. Let me explain to you. Commissioner Plummer: You can't condition a variance? Mr. Rodriguez: This is not a variance. Commissioner Plummer: Oh, it's not? Mr. Rodriguez: No. This is an appeal on whether the use will be allowed or not. Mayor Suarez: And we can't review that in a year? Mr. Rodriguez: Another way you can do this - this is creative, this is creative. Commissioner Plummer: No, then you got to change the zoning. Mayor Suarez: Thank you. Be creative, please. Mr. Rodriguez: You can say that you do not agree with the decision from the Zoning Board, but you believe that this would be a permitted use with a class 2 permit, meaning- that it would have - they would have to apply, and there would be conditions that could be imposed on them, and people could agree or disagree with that. At this point, if they are permitted, they are permitted by right, and they will be - there are no conditions imposed on them. Commissioner Plummer: Sergio, my problem is the Administrator of NET says the thing that we spent a lot of time, a lot of effort and a lot of money to try to clear up the matter at 74th and the Trail is the problem existing here. Mr. Rodriguez: It's the same thing, yeah. Commissioner Plummer: All right? And I tell you, sir, I don't want that for six months, or three months, or one month. Mr. Rodriguez: OK. 130 May 27, 1993 Commissioner Plummer: Now, you know, I'm sorry, it's just not - let me tell you something. Hah! You all ran me out of the area. I was there from 1929 to 1986, and the damn area deteriorated so bad I had to sell. Mr. Rodriguez: Pedro Ayina is the one that put you there. Commissioner Plummer: Well, hey, I'm sorry. I don't think it's conducive to the area. It's sure not enhancing the area, and it's not keeping it at the same level. I just say they got to move. Mr. Rodriguez: No, let me... Commissioner Plummer: Hey, you know, if they needed 50 secretaries, that's fine. But to have 50 people hanging around there the rest of the day hoping and maybe to get a job, may or may not get a job, I think it's wrong. Mr. Rodriguez: May I add something to the record, since this might be appealed? I found in the Zoning map on page 36, that there is a C2 located a few blocks from here on Northwest 7th Avenue and 5th, 6th and 7th Street. Commissioner Plummer: Southwest or Northwest? Mr. Rodriguez: Northwest. Commissioner Plummer: That's on the other side of the bridge. You can't even get there. The damn bridge has been open for a year. Commissioner Alonso: No, not this one. Mr. Rodriguez: You can go through the old part. Commissioner Plummer: That bridge on - 8th Avenue Bridge has been open for over a year. Another very fast fishing job by Metropolitan Dade County. Commissioner Dawkins: They may not want to go over there. That's the area Roy Black says is not safe. Mayor Suarez: All right, folks. Commissioner Plummer: It's safe with the bridge up. Mayor Suarez: There's a lot of other things he says that I don't agree with. All right. What do you want to do with the item. Mr. Levine: I'd just like to make one final... Mayor Suarez: No, no, let's try the Commission, because otherwise we might never get out of here, and if... Commissioner Plummer: Well, Mr. Mayor, my motion is to uphold the... Commissioner Alonso: The decision. 131 May 27, 1993 Commissioner Plummer: the Zoning Board. I' just don't think it's conducive. Mayor Suarez: All right, so moved. I'm sorry, then I guess I better hear from you, because apparently it's - the motion is negative to your position. Mr. Levine: OK. I'd just - I'd like to give credence to the... Commissioner Dawkins: Wait not, wait. Is the motion seconded? Mayor Suarez.: No. Mr. Levine: No motion to second. Commissioner Alonso: I second. Commissioner Dawkins: All right, now you can discuss it - let's go. Mr. Levine: It's just that I don't think you. have a comparable situation at all as to the difficulties that were experienced in the other location, and I think we've got to give some credence to the Reverend and where he says that my clients are not causing a problem down there, and they're not. And I understand there are problems down there, and it's very easy to blame a person who has a storefront, since the other people are somewhat invisible, and they come and pickup, and they're not easy to identify. But my client is providing a very, -very important and valuable service to the community. It's pumping $2,000,000 a year to the underprivileged and low income people who would otherwise be on the welfare rolls, and you know, not everything 1n life is pleasant, and you have the finest people in your area. There's other segments of our community that have to be taken care of and have to work for a living. Commissioner Plummer: Sir, that's why we have zoning laws. Mr. Levine: Well, I understand, but... Commissioner Plummer: You go down and go on the other side of 17th Avenue and you're a permitted use. You don't even have to come here and ask our permission. Mr. Levine: Well, I'm not... Commissioner Plummer: Well, when was this business started? Mr. Levine: 1986, they've been running there since. They've been at the one location around the corner for three years, and they've been at this location for three years, and suddenly, last year, they come in and they tell him he's got to move his business. Commissioner Alonso: They have been at this location for three years illegally? Mr. Doxey: The same block, ma'am, the same block. They've been in the same block since 186, for six years. 132 May 27, 1993 Commissioner Alonso: Do they have a license to operate? Do they have a certificate of occupancy? Were they a legal business in that. location for three years? Mr. Gonzalez: They do not have a certificate of use, and that's what brought this about. Commissioner Alonso: No wonder. Commissioner Plummer: Seven years. 186 to now 1s seven years. Mr. Doxey: I had a certificate of use on Northwest 12th Avenue. When I moved, I didn't realize the certificate of use did not follow me. That's why I did not reapply for it. Mr. Levine: May I also add... Commissioner Plummer: That's the efficiency of Code Enforcement. Mr. Levine: They've had a City of Miami license continuously at both locations throughout the entire time. They've had an occupational license with Dade County continuously throughout the whole time and I'm not at all sure... Commissioner Alonso: At this location? Mr. Levine: Yes. And I'm not at all sure... Commissioner Plummer: How did they get an occupational license from the City? Commissioner Alonso: How did they get an occupational license? Mr. Gonzalez: Apparently what - I'm assuming this, I don't handle occupational licenses - but since they had an occupational license for the prior location, apparently, they just transferred it to the new location without a proper certificate of use being obtained for the new location. Commissioner Alonso: Is that acceptable... Mr. Gonzalez: No, it's not kosher, and that's being taken care of now in the system. Occupational licenses change that will - they will not issue a transfer of a license unless a certificate of use is provided. However, back then, these problems did exist and now it has been corrected. Commissioner Dawkins: And isn't it a fact... Mr. Gonzalez: That is correct, Commissioner. Commissioner Alonso: Because if that had been done, all of this would have been avoided. Commissioner Dawkins: Isn't it a fact, sir, to say that because he has been there and it's an illegal use, and because he got a CO and an occupational license, that that does not legitimize it? Is that a safe statement? 133 May 27, 1993 • Mr. Rodriguez: Right. Just being there does not mean that he was right. Commissioner Dawkins: Well, say that. Mr. Rodriguez: Right. Mayor Suarez: You were inquiring, or are you finished? Commissioner Alonso: No, I'm finished. Commissioner Plummer: All right, let's do something. Mr. Robert Marazita: May I say one thing here? I spoke personally with Father Vallina. Mayor Suarez: We need the name. Mr. Marazlta: Yes. My name is Robert Marazita, 1829 Southwest 6th Street. And I personally spoke with Father Vallina, and he is aware that the people that hang around that corner have nothing to do with Labor Force. Even if we're moved, those same people will be there day in and day out; the same people who pay 70 cents for a bottle of beer and drink it right there on the corner, and scream from one end of Sedano's to the other end of the building. That's daily, every day, the same people, every day. But the police do not take care of them. They harass the businesses, like for instance, ourselves and the cafeteria next door. Father Vallina has put it right here in typing that by 8:00 o'clock, all of our workers are clear of the street, and the same bums are there every day. He would have been here today, but he had a funeral service to attend. Otherwise... Mayor Suarez: We're going to take that into the record. Is that already entered into your record? Mr. Levine: We would so move it into the record. Mayor Suarez: How would I phrase a motion to - substitute motion to the existing motion that would allow this to go on for two... Commissioner Plummer: I withdraw the existing. Mayor Suarez: Thank you. Commissioner Dawkins: I don't withdraw my second. Commissioner Plummer: Oh, I'm sorry. I didn't know that it was seconded. Commissioner Dawkins: I mean, she seconded it. Commissioner Alonso: Yeah. Commissioner Plummer: Well, now, wait a minute. You seconded my motion? Mayor Suarez: Does it move... 134 May 27, 1993 Commissioner Plummer: Then I don't withdraw it. Mayor Suarez: All right. Then I make a substitute motion. What would I have to characterize 1t as to allow this to go on for 12 months and then be reviewed? Commissioner Plummer: Go to South Miami. Mayor Suarez: Please. Mr. Rodriguez: You cannot put a conditional time on this. You either approve or deny it, or you can approve something else, but you cannot put a time limit, because what you are agreeing is whether the use is permitted or not. Mayor Suarez: OK. How could I do it so that in 12 months we would be able to review it? Is there any such a way - is there any such device that can be used? Mr. Jones: No, you can't. Either you affirm it or deny it. Mayor Suarez: All right. I'll make a substitute motion. Commissioner Plummer: You're wrong, you will need the ordinance. Mr. Levine: We could defer 1t for 12 months. Mayor Suarez: I thought about deferring it for 12 months, but I - I'm not getting much help from staff. I don't want to delay the proceedings. I'm not going to make a substitute motion. I will vote against the current motion and maybe it won't pass, and we'll see how 1t goes. Commissioner Alonso: Mr. Mayor, could we defer this item so that we'll have an opportunity to go to the area, talk to the business people... Mayor Suarez: I like that, yes. Commissioner Alonso: ... look at the area and really make a final determination, knowing quite well what is the situation of what it really means. And then we will have at least two weeks before the item can come back to us. Commissioner Plummer: Four week. Commissioner Alonso: Four weeks, so even longer, and give us an opportunity to really see the situation and not make a mistake at this time. Mayor Suarez: The area is plagued by a lot of problems, but one of the biggest ones is unemployment, and if they're providing employment for people here... Commissioner Alonso: Well, I'm for the employment... Commissioner Plummer: You want to try that? 135 May 27, 1993 Commissioner Alonso: ... and I support the position, but I think that sometimes the location in certain areas does create problems to the people, to the merchants, to the area in general. We have a problem in 8th Street and 75, 73. It has been a nightmare for the City of Miami. Mayor Suarez: Yeah, over by Flagaml, yeah. Commissioner Alonso: I don't want this to be the same situation, and I know they have been 1n existence, as they say, but we have lots of problems in that neighborhood. Mayor Suarez: No, no, no... Commissioner Alonso: I'd like to go myself there so I - if my fellow Commissioner has said that... Commissioner Plummer: Move to defer. Commissioner Alonso: OK, great. Mayor Suarez: Move to defer and seconded by... Mr. Rodriguez: To continue to the June meeting? Commissioner Alonso: Continue, continue, so it comes back, yes. Commissioner Plummer: Continue it to June the 29th. Comnissi.oner Alonso: Yes. Commissioner Plummer: And I would expect the NET Program - Not Code Enforcement, they don't do nothing - the NET Program to give me a daily observance of what you find there as to how many people are hanging around and you can attribute or not attribute to this business. Commissioner Alonso: Yes. Mayor Suarez: Moved and seconded. Any discussion? If not, please call the roll. 136 May 27, 1993 The following motion was introduced by Commissioner Alonso, who moved Its adoption: MOTION NO. 93-350 A MOTION TO CONTINUE AGENDA ITEM PZ-3 (PROPOSED RESOLUTION TO APPEAL THE DECISION OF THE ZONING ADMINISTRATOR THAT A HIRING -HALL TYPE OF OPERATION IS NOT AN EMPLOYMENT OFFICE USE AND IS NOT A PERMITTED USE UNDER THE SD-14 LATIN QUARTER COMMERCIAL RESIDENTIAL ZONING DISTRICT); CONTINUING CONSIDERATION OF SAID ITEM TO THE MEETING PRESENTLY SCHEDULED FOR JUNE 29TH; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE NEIGHBORHOOD ENHANCEMENT TEAM (NET) TO GO TO SAID SITE IN ORDER TO DETERMINE HOW MANY PEOPLE ACTUALLY GATHER AT SAID SITE AT ONE TIME. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: ABSENT: None. None. Commissioner Plummer: Next item... Mr. Levine: Thank you very much. 22. CITY COMMISSION MAKES A FINDING OF PREJUDICE AGAINST THE APPELLEE AND ENTERS DECISION TO DISMISS APPEAL BY ALAN D. MOBLEY, OF GMMFT (FOR FAILING TO STATE GROUNDS IN ITS NOTICE OF APPEAL, AS REQUIRED UNDER PERTINENT ORDINANCE) OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD WHICH WOULD ALLOW PARKING FACILITIES FOR CONTINGUOUS USES TO ALLOW ADJOINING LOTS AT 3043-3059 GRAND AVENUE TO COMBINE PARKING FACILITIES. (Applicant: Jean-Claude Verite / Grand Oak Ltd. Partnership.) ------------------------------------------------------------------------------ Commissioner Dawkins: Item 5, PZ-5. Mr. Sergio Rodriguez (Assistant City Manager): Before we discuss PZ-5, I understand there has been a motion to dismiss the appeal that had been filed by Lucia Dougherty. Commissioner Alonso: To dismiss is what's in front of us. 137 May 27, 1993 0 0. Commissioner Plummer: What? Mr. Rodriguez:, There has been a motion to dismiss the appeal; new, something new. Commissioner Plummer: On number 5? Mr. Rodriguez: On number 5. Commissioner Plummer: What does that do with us? Mr. Rodriguez: Well, they want you to make a decision on that. I guess you have to hear it. Commissioner Plummer: What? Mr. Rodriguez: This is new, it's a new approach. Commissioner Plummer: A new approach. Commissioner Alonso: Whatever that means. Commissioner Plummer: Who wants to dismiss? Mayor Suarez: We have two opposing sides here, do we not? Mr. John Fletcher: Yes, sir. Mayor Suarez: John, who is, going to speak on your side, besides yourself? Mr. Fletcher: Mr. Mobley, and I understand there are other people who are in the audience who also wish to speak. -Commissioner Plummer: I don't understand this. Mayor Suarez: OK. Let me just swear in the... Commissioner Plummer: I'm confused; are you? Mayor Suarez: Before we start asking questions and people start talking without being sworn in. . Commissioner Plummer: Wait a minute. She is the appellant? Lucia, you're the appellant? Ms. Lucia Dougherty. He's the appellant. I'm asking for his appeal to be dismissed. Commissioner Plummer: Oh. Mr. Fletcher: She doesn't like my appeal, and she wants you to chuck it out. Commissioner Plummer: Well, ladies first so... 138 May 27, 1993 Mayor Suarez: All of that, hopefully, will come under our ordinance that requires all of you to be sworn in because... Commissioner Pluemer: So she has samething in her favor that he's trying to throw out? Mayor Suarez: Right. Ms. M. Maer (Assistant City Attorney): Right. It's a special exception she got in the zoning. Commissioner Plummer: Oh, OK. Mayor Suarez: My esteemed Commissioner on the left likes that ordinance, so please swear them in, Madam City Clerk. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mayor Suarez: All right. So who do we hear from first? Mr. Fletcher: Well, I think you ought to be first introduced to the fact that I represent Mr. Mobley, Allen Dale Mobley, appealing a decision of the Zoning Board to this City Commission. Commissioner Plummer: Sir, would you tell me what is GMMFT? Mr. Fletcher: That is the name of the trust that Mr. Mobley is the trustee for. Commissioner Plummer: And who is Adrienne Pardo, for Grand Oak, Limited? Mr. Fletcher: She used to be somebody else, but now... Ms. Dougherty: She's Adrienne Pardo. This is my associate. Commissioner Plummer: Oh, the red head? Oh, OK, all right. If you had said that, I would have recognized her. OK. Go ahead, sir, thank you. Mr. Fletcher: OK. I represent Mr. Mobley, who is the trustee of GMMFT Trust. He appealed the decision of the Zoning Board that relates to Cocowalk. He did it himself personally. He was not available to be at the Zoning Board hearing, but did file an appeal because he felt aggrieved by the decision. It's my understanding that my opponent, Lucia Dougherty, representing my opponent, and Adrienne Pardo, feel that it is inappropriate that he proceed with this appeal because he did not appear at the Zoning Board, and also, because in his notice of appeal, he did not give his specific grounds or reasons for the appeal. I have filed an amended appeal document setting forth the reasons, but I assume that this does not satisfy Ms. Dougherty, and she still wishes to proceed with her motion to dismiss. I will stop there, let her argue her motion, and then, with your permission, I will tell you the reasons why she is wrong. Mayor Suarez: Wait a minute. 139 May 27, 1993 i it Mr. Fletcher: Yes, sir. Mayor Suarez: Why are we hearing a motion to dismiss? It's the first time in eight years for me. i� Commissioner Alonso: Because nobody has... I, 4 Mr. Fletcher: I was informed that would be the proce�tlure. Mayor Suarez: Nobody's ever made that motion before.i; Commissioner Plummer: Motion to dismiss or to deny? Commissioner Alonso: Yes. Ms. Lucia Dougherty: Dismiss. Ms. Maer: The appellant - the appellee filed a motion asking the Commission to look at certain issues and determine whether, in fact, the appeal that's in front of you is correctly in front of you. The Law Department reviewed the motion, and, in fact, the questions that the appellee has raised, that Ms. Dougherty has raised, are things that would require the review of the Commission, and the determination to be made by the, Commission, rather than the Law Department, and that's why'the motion is herei,before you. Mayor Suarez: Before we get into the merits... Ms. Maer: Before you can into the merits. f thei!whole argument, Mayor Suarez: ... or can we do it as part o 9 , like we .always do on procedural issues and substantive issues; all at the same time? Ms. Maer: Well, if you were to grant the motion to dismiss, then there would be no argument on the merits. Mayor Suarez: Oh, yes, of .course, that always is the case in all kinds of courts. A1,1 right. But we've never done it that way',before. Commissioner Plummer: May I inquire, Mr. Mayor? We!'pay you big money. What do you recommend? I mean, is there merit, no merit? ;what is... Ms. Maer: There are two primary points to the appelilee's motion to dismiss. If you would, I would defer to her to make them, and ;;I can comment on them or summarize them for you, however you would like. �! Mayor Suarez: All right. Ms. Dougherty: Mr. Mayor and members of the Board, my name is Lucia Dougherty, 1221 Brickell Avenue. I'm here todayl,representing Grand Oak Limited. Partnership, which is the owner of the property and the appellee herein. We were the winners and at - before the zoning Board on this special exception, and I just want to put the issue before y'ou that all we're asking for is to put a hole between our two garages. We arel,asking that their appeal 140 ;, May 27, 1993 l� be dismissed because, first of all, under the case law in the State of Florida, if you don't appear below in an administrative appeal, you.may not then perfect an appeal to a higher administrative body. And I have submitted to our our motion to dismiss with the cast law attached to it. The case law is out of the Second District on this particular matter, which is Saint Petersburg. That case is binding, according to the Supreme Court, because there's no relevant case in the Third District. That - the case which holds that it is binding 1s Pardo versus State of Florida. The Saint Petersburg case which I'm relying on... Mr. Fletcher: The City of Saint Pete versus Saint Pete Yacht Club. Ms. Dougherty: It's a case where the Court held: We agree with the lower court that where the ordinance is silent as to who may appeal, it is fundamental that a party litigant must object at an administrative hearing, in order to properly, under the law, perfect the right to appeal to a higher administrative tribunal. Considerations of such appeal without an objection being lodged before an initial administrative body, therefore permitting that body to have the opportunity to pass upon the grounds raised in the appeal, constitute a departure from the essential and fundamental requirements of law. Again, this is a Second District Court of Appeals decision. It is binding upon the Third District, and therefore, we believe,, as you being a lower tribunal, it is binding upon you. Our second ground for dismissal is the fact that they did not list their grounds for appeal, which is required by your ordinance. Your ordinance requires a request for review of the Zoning Board Decision by the City Commission shall be filed with an officer or agent designated by the City Manager, stating the specific reasons for such appeal, together with a payment of the required fee. The appellant's letter simply said: I respectfully request the Board's approval of the special exception for the above property. The appeal left no grounds. There was no grounds in the appeal stating a reason. The case taw in the State of Florida says if you perfect an appeal, it is jurisdictional that you must do so based on the criteria found in the ordinance, and if the other side is prejudiced by reason of the fact that the procedure was not followed. We are certainly prejudiced, because we have no basis of defending against an appeal when we don't even know what the grounds are. So then the question is, can he amend his appeal? And the answer is, no, under the case law in the State of Florida. He must put in the appeal his specific grounds within 15 days. That's what the taw says. And under the case law in the State of Florida, it says, moreover, the notice of appeal cannot be amended after the expiration of the 60-day period allowed for taking the appeal in a lawsuit, and therefore, he cannot amend his appeal at this time, adding grounds. And if he did add grounds, they are insufficient, the ones that he submitted later. He basically says that the Zoning Board 1s erroneous, and has failed to meet the criteria of the special exception. Again, that's no grounds. I can't defend on that basis. He furthermore says the decision of the Zoning Board is erroneous, because they failed to demonstrate the City's comprehensive plan has been complied with. Now can I defend on that basis? It simply doesn't give me a grounds to defend the case on. Thirdly, he says that he wants you to declare the ordinance unconstitutional, and I would say that, that is outside of your jurisdiction. For those reasons, we would ask that you would dismiss this appeal ab initio. Thank you. 141 May 27, 1993 Commissioner Plummer: Now, can we hear from the City Attorney as to what we should do? Mr. Fletcher: Could I... Commissioner Plummer: I'd like to hear what she has to say. So there's not argument if we vote to dismiss the appeal. Mr. Fletcher: Well, I'd like to be able to present my opposition to her motion to dismiss. Mayor Suarez: Madam City Attorney, I would guess that before you give us your opinion, we ought to hear from the opposing side. Commissioner Plummer: Fine. Ms. Maer: That would be good. Mayor Suarez: All right. Commissioner Plummer: You are only speaking to counter what she said; not the actual... Mr. Fletcher: No, just the argument she gave on the dismissal motion. Commissioner Plummer: OK. Mr. Fletcher: The case that counsel read to you, City of Saint Petersburg versus Saint Petersburg Yacht Club, in which it says that it's fundamental that you must appear before the Zoning Board, in Saint Petersburg, at least, it starts out by saying - and she read this, but I don't know if you heard it - we agree with the lower court that where the ordinance is silent as to who may appeal, then you have to appear before the Zoning Board. Your ordinance is not silent. Your ordinance, 1n Section 2002 sets forth specifically who may appeal, and it says, "Any person or persons jointly or severally aggrieved by the action of the Zoning Board may appeal." Now, we were aggrieved by the action of the Zoning Board. Mr. Mobley is "any person," as I understand it. So he meets the two criteria of your ordinance; any person who 1s aggrieved by the Zoning Board. Now, he wasn't aggrieved by the Zoning Board until after they acted. As a consequence, it's clear from your ordinance, that he does not have to appear anywhere else. Incidentally, the County Code, which is different, has a specific provision. It says that the only people who may appeal are those whose name appears in the record before the Zoning Board over there, what they call their Zoning Appeals Board. You don't have that requirement here. You say specifically, any person can appeal. Now, Mr. Mobley is a layman. When he reads this, and when he looks through this, he takes the words at face vo+lue; not like lawyers standing, arguing case law - which case law, incidentally does not support my opponent's position - and so he followed your procedure. Now, he didn't put the grounds in for the appeal, and Ms. Dougherty says that that is jurisdictional, and she cites a series of cases for her proposition, but none of them deal with the question of putting in the notice of appeal the grounds for the appeal, because you don't have to do that, because that is not jurisdictional. For example, the cases she's given you include Seaboard Railroad versus Holton, 142 May 27, 1993 and in that case, the court said specifically what the purpose of a notice of appeal is. It's to disclose to the adverse party and the reviewing court that an appeal from an appealable order, judgment or decree is intended. In other words, you're trying to tell him, here's what we're appealing, we intend to appeal this particular document. Skinner versus Florida Power Corporation that she cited, the poor guy appealed the wrong order. That's all that happened in the case, and that's not what happened here, as you'll see from the notice of appeal that you've been given, that. I'll go over in a second. In State of Florida versus Carroll, which she cited in. her motion, the poor guy filed the document in the wrong court. We didn't do that. We filed the document in the right place. And anyhow, that whole law has been changed as of April 3, 1993, by the recent case - 1f I can put my hands on it - of Tunstall versus Falston, which is 18 Florida Law Weekly D-976, 1n which they said the only jurisdictional defect now that they know of is not timely doing it. You can file it in the wrong court, you can file it in the right court, 1t will be sent over by the clerk. The Supreme Court got tired of all this stuff about arguing over the appeals when all you're supposed to do is give notice to your opponent that you're appealing. And incidentally, if my opponent feels prejudiced, I'm game for deferral, and I'll sit down with her and I'll tell her specifically the grounds. I thought maybe I'd do that here tonight, because I'm supposed to go first. She's got her traffic engineer here, she's got her clients here. I don't know what prejudice she's talking about. Certainly, she knows she has to prove compliance with a comprehensive plan. She knows she has to prove compliance with the provisions of your ordinance, as far as granting special exceptions, the criteria you have. And certainly, she's right; you don't have jurisdiction over the constitutional issue. I'm concerned about the way your code is written. That's not for you to decide, but I put it in there to let her know that aside from this proceeding, there also may very well be another that deals directly with it in court. But this is not something that should be dismissed. The notice of appeal that was given, as I pointed out, by Mr..Mobley - if I can get my hands on it... Mayor Suarez: So the one thing you both agree on is that we cannot decide issues of what is constitutional and what is not? Mr. Fletcher: That is correct. We're not going to ask you to decide a constitutional issue tonight, but we advised her that that was one of the things we were concerned about, one of the grounds of the appeal. Mayor Suarez: That's interesting. I guess we're, as a legislative body, quasi-judicial body, not free to decide what the constitution says. That's interesting. Mr. Fletcher: Yeah, courts haven't given you that authority to judge your own ordinances as yet. Mayor Suarez: Well, the Supreme Court took it upon itself some years ago to assume it, so I don't know why we couldn't. 'But anyhow... Mr. Fletcher: OK. 1'd be happy to do it if you want to do it. It's very interesting. Mayor Suarez: No, no, no. 143 May 27, 1993 • Commissioner Alonso: No, no. Mayor Suarez: No, no, no, 1 just - I was using up the time while you were looking for something there, to chat. Mr. Fletcher: OK. Thank you, 1 appreciate that. That's - all right. What it is is the notice of appeal, and I looked for the three things that the courts look for in identifying the appeal. It was filed in the right place - and even that doesn't count anymore; it was filed with your hearing boards division; it names the item that it was appealing; and it states the action that happened that it wishes to have reversed. Now, as a consequence, really, we're spinning our wheels here with procedural things like this. We should be dealing with the merits of the case. Commissioner Plummer: Now, may I ask that the City Attorney please advise me as to whether or not you feel - well, which way do you feel? Ms. Maer: Well, I was afraid you were going to ask me. I'd like to start... Commissioner Plummer: That's what I pay you for; to be afraid. Ms. Maer: I'd like to start first, with regard to the argument of whether Mr. Mobley even has standing to make the appeal to the City Commission for his... Commissioner Plummer: Lawyers cannot give a yes or no answer. Ms. Maer: ..._for his failing to have gone to the Zoning Board. My review of the case law, I would refer to the Saint Petersburg case that both Ms. Dougherty and Mr. Fletcher referred to. In reviewing it, I see that their zoning ordinance is quite broad, in terms of the class of people that are allowed to file an appeal. It seems to me, from the section that's quoted in the Saint Pete case, just about anybody can file an appeal from a decision of a lower tribunal, as long as they pay the fee and specify the reasons. Then you look at the City of Miami's ordinance, which is what controls here. Our ordinance is more limiting, and says that only aggrieved persons can file an appeal. Keeping that in mind, if you look at Saint Pete's holding in that case, what the court said on appeal, the court said that where your ordinance is silent as to whether or not you had to have appeared below, you don't have standing to file the appeal unless you did appear below. You go back and you took at the City of Miami's ordinance, and our ordinance is silent, as to whether or not you had to have appeared below. Our ordinance just says that you have to be an aggrieved person in order to file the appeal, thus being somewhat more limiting than Saint Petersburg, where anybody can file the appeal, and the court says you had to have appeared below. So based on the Saint Pete case, which is then made binding of Dade County where we don't have a case specifically on this issue, OK? The Saint Pete case is from the Second District Court of Appeals. There's a Florida Supreme Court case called Pardo versus State of Florida where the Supreme Court said that decisions of other District Courts of Appeal are binding on the trial court. Analogizing this City Commission to the position of a trial court, in looking at this motion to dismiss, I would have to say the Saint Pete case is binding on the City Commission. Thus, on that issue of standing, I'd be inclined to say that the appellant here actually does not have to be standing to front of you. If I may address the second issue, which is... 144 May 27, 1993 Commissioner Plummer: Why address the second issue if the first one says we don't need it? Ms. Maer: Because... Commissioner Plummer: I'm not trying in fact, the appellant, which is John, what else is there to discuss? Is 1t issue is pertinent? to be facetious. If the first is that has no standing before this Commission, - I mean, do you think that the second Ms. Maer: Well, the appellee raised two motions - two issues in her motion... Commissioner Plummer: That's her? Ms. Maer: That's Ms. Dougherty. Commissioner Plummer: OK. Ms. Maer: And I wanted to respond to both, just to have the record clear, with the ... Commissioner Plummer: Get the record, OK, go ahead, all right. Ms. Maer: ... responses to both of those issues. With regard to the second issue, which is the fact that the appeal that was filed by Mr. Mobley, in fact, did not specify the grounds, which is required by our ordinance. And as to whether or not that's jurisdictional, the case that Mr. Fletcher is relying on - and I spoke with him today, and he referred me to this case - it's the Tunstall versus Falston case, and I've read 1t through several times now. It's in a recent issue of the Florida Law Weekly, and it seems to me that what they're dealing with here, when they say it's not jurisdictional, is an extremely technical defect, which was actually a mistake on the part - I think of a prisoner - in identifying the item being appealed as an order on rehearing, rather than, "the original order of dismissal." And the courts said, we're not going to get into the technicalities of whether it's called an order on rehearing that you're appealing, or the original order of dismissal. The fact is that you timely filed this, and we're going to go ahead and look at it that way. We're not going to get hung up in these technical things. That's somewhat different from what I understood from Ms. Dougherty's motion to dismiss, where she is saying that she is prejudiced. I looked at the cases that she cited, and, in fact, in those cases, it says that where prejudice is proven, and it would be up to this Commission to determine whether, in fact, she has proven prejudice. If she shows prejudice, by not having been made aware of 'what the grounds of the appeal are, then, in fact, it should be dismissed. Commissioner Plummer: Well, if, in fact... Ms. Maer: And that's up to this Commissioner. Commissioner Plummer: ... what you're saying is that she has the right in her corner; that he has no standing, then why is the matter on the agenda? 145 May 27, 1993 Ms. Maer: The motion to dismiss was received within.the last week, I believe. Commissioner Plummer: Oh, after the agenda? Ms. Maer: It was after the agenda was printed, I believe. Commissioner Plummer: All right. Now, if we... Mayor Suarez: And I guess they wouldn't be able to decide that unless this Commission took that action. Commissioner Plummer: Unless one of my very high priced colleagues, lawyers, disagree with you, then what action would be... by this Comm ss1 on? Do we affirm your findings? What action do we take, or do we do nothing? Ms. Maer:. I believe what you do is, you grant her motion to dismiss, and that dismisses the appeal, and that's the end of the matter. Commissioner Plummer: OK. Now, to be... Ms. Maer: You would find that there is prejudice. Comnissloner'Plummer: To be fair to John, do we let him speak again? Ms. Maer: I would certainly feel that that would be the best course. Commissioner Plummer: OK. Ms. Maer: And also, Ms. Dougherty has not had a chance to respond to his argument, either. Commissioner Plummer: Why would she respond if you're in favor - if you're working in her corner? I don't understand that. Mr. Fletcher: We'll try that. Commissioner Plummer: Oh, to make a record. Is that a 45 or a 78? Mayor Suarez: All right, briefly from both attorneys, as long as you... Mr. Fletcher: Sure. If counsel would like to - your counsel would like to take another look at the Saint Pete... Commissioner Plummer: Miriam, he's talking to you. Mr. Fletcher: I'm sorry. In the City of Saint Petersburg case, I think you'll find in there, it states specifically, as I said, when the ordinance is silent as to who may appeal. And frankly, I'm looking at your ordinance, and it says, "Any aggrieved person may appeal." So therefore, if Mr. Mobley, who is "any person," is aggrieved, then he can appeal. Otherwise, what is the reason for you all to even advertise your hearing for the public to come in? This hearing today, there are other people who want to speak here today, and they may be able, once they make their protest here, to have standing to take it to court, because you've .advertised and asked them to come in to speak. 146 May 27, 1993 What you're also doing is, you're about to establish a precedent that you may want to consider very carefully, as to whether or not you want to exclude people who did not appear at that Board. Mr. Mobley is going to' come up in a second, with your permission, to testify that he was out of town and couldn't appear at that board at that time. He's going to testify that when he went to file his appeal, he was informed that the document that he filed :was sufficient. And he was not informed by the City Attorney's Office, but he was Informed by people in the Administration when he did that. Commissioner Plummer: So he got bad information. Mr. Fletcher: Yeah. So what we have is a situation in which a citizen who did not have a lawyer at the time came down here and tried to follow the process. I swear, I wasn't representing him at the time. It's a situation where you're going to. cut laymen out of the process. Even when some association or some other person wants to file an appeal or are in trouble. Incidentally, Miriam, that case in Saint Petersburg, it was a civic group that was trying to appeal, it was not a person that was trying to appeal. Ms. Maer: That's correct, but I... Mr. Fletcher: And civic groups have been followed up on cases like that, like Shebow versus Dade County, where they just don't have standing, period. So - because they can't prove an aggrievance. Commissioner Plummer: All right. Mayor Suarez: One quick question. Do you want to... Commissioner Plummer: No, I... Mayor Suarez: ... inquire? I just want to... Commissioner Plummer: I don't see where we've got much choice, Mr. Mayor. Mayor Suarez: Just on that point that he just made. If, in fact, in a situation where no one has made an opposing presentation before the Zoning Board, in those situations, we still advertise and we still have a public hearing, why do we do all of that? Ms. Maer: I think you do it because in land use cases, it's important that you have given the opportunity to the public to attend and be aware, and give their input if you choose to hold a public hearing. I think... Mayor Suarez: Could we, on our own, decide not to grant a particular application at that level? At the level of this Commission? Ms. Maer: You mean without allowing public Input? Mayor Suarez: No. Without having an appellant, with standing, to argue it? Ms. Maer: Could you go ahead and grant an appeal without an appellant here? 147 May 27, 1993 lJ Mayor Suarez: What would have happened today if they hadn't shown up? Would it have even come to this Commission? Ms. Maer: If no one had showed up today, it probably just have been continued to the next... Mayor Suarez: No, no, no. If Mr. Fletcher hadn't represented Mr. Mobley and not filed this appeal, which we're now deciding whether it must be dismissed or not. Ms. Maer: It would not have come to you. Mayor Suarez: It would not have come,us? Ms. Maer: No. The decision of the Zoning Board is final in matters of special exceptions... Mayor Suarez: But are... Ms. Maer: ... unless an appeal is filed. Mr. Fletcher: Unless an appeal by... Mayor Suarez: And that's when our requirement of publication kicks in? Ms. Maer: Well, then, this particular City Commission meeting isn't advertised. Mayor Suarez: So if he had not appealed, there would have been no advertising? Ms. Maer: That's right. Mayor Suarez: Oh, all right. Commissioner Pl.urtmer: May I inquire, John... Ms. Maer: This was advertised as part of the City Commission, and not as a separate public hearing. Mr. Fletcher: Yeah. I keep losing sight of things here, and I don't want that to happen to you. Your ordinance says any person who is aggrieved by the Zoning Board decision may appeal. Any person. Commissioner Plummer: Within a time frame. Mr. Fletcher: well, it was within the time frame. We're not talking about time. I agree, if he had missed the time, that's fine. So does your language not mean what it says? Commissioner Dawkins: Mr. Fletcher? Mr. Fletcher: Yes, sir. 148 May 27, 1993 • s Commissioner Dawkins: It says that any person that's aggrieved can appeal. Mr. Fletcher: Yes, sir. Commissioner Dawkins: But it doesn't say that this Commission has to agree. Mr. Fletcher: Well, no, I'm not talking about the merits. Commissioner Plummer: Well, he's trying to get the right to do it. Mr. Fletcher: Yeah. I'm talking about the fact - we're arguing here whether he had the right to appeal. Commissioner Dawkins: Oh, OK. Commissioner Plummer: Let me ask this question. Mr. Fletcher: OK? And I said I don't understand it. I read your code. It says any person aggrieved. Commissioner Plummer: Mr. Fletcher? Mr. Fletcher: Yes, sir. Commissioner Plummer: Of the people who you represent - well, you represent Mr. Mobley. Mr. Fletcher: Mr. Mobley, yes. Commissioner Plummer: OK. Mr. Fletcher: He's the appellant. Commissioner Plummer: Do you represent anybody besides Mr. Mobley? Mr. Fletcher: No, sir. Commissioner Plummer: OK. Mr. Fletcher: Unless you include Mrs. Mobley. Commissioner Plummer: If I were to grant your request, I would like to know, what is Mr. Mobley's objection to that which has been granted? Mr. Fletcher: Well, that's - we're prepared to give it to you. As he says, It's a very long... Commissioner Plummer: No, no, give me one sentence. Mayor Suarez: All right, that's an interesting question. Wait a minute. Let's just clarify something. Is -it a good idea for us - I'm kind of Intrigued by the merits of the issue. Is it a good idea for us, i,f that's what you're asking, to entertain some .discussion of what the merits of this appeal are and the zoning issue? 149 May 27, 1993 s • Commissioner Plummer: Can I ask it? If I can't ask it, then I can't. Ms. Maer: I think it's up to this Commission. I don't know whether you wouldn't prefer to rule on the motion, and then if you were to be ruling against the motion, you could continue to hear it on the merits. Remember, though, the second issue of the two issues that were brought to you, you have to make a finding of prejudice. Mayor Suarez: Well, I think the Commission - the Commissioner kind of would like to know just how important or how unimportant this whole matter is, so that he knows that this is - if we were to rule in a particular way that just doesn't seem to affect the public interest in any great matter. I mean, somebody said at one point that this had to do with punching a hole through one garage to another. Mr. Fletcher: Yeah, that's - that's a good start. Ms. Maer: I think you have... Mayor Suarez: If that's not right, I'd like to know it, because if it is right, then, folks, you know, there's a lot of other things in this town to do here tonight and if we have valid grounds for ruling one way or the other, we ought to go ahead and do it and quit arguing motions to dismiss. I mean, that's... Commissioner Plummer: Well, is Mr. Mobley objecting to punching one hole into another? Is that the problem? Mr. Fletcher: Yeah. It's not just punching a hole in a wall. Mayor Suarez: All right. We're getting into the merits. Is that all right, Commissioners? You want to hear a little bit of this, at least? I have no problem. Commissioner Plummer: If I want to hear it? No. Mayor Suarez: Are you inclined to hear some of the merits? Because if you are... Commissioner Plummer: You know, I see all these people over here who I've got to believe are for this thing. Mr. Mobley is the only one here opposed to it... Mr. Fletcher: That's not the case. Commissioner Plummer: ... and Miriam's in the middle. Mr. Fletcher: That's not the case. That's erroneous. Commissioner Plummer: No?. Mr. Fletcher: Besides, -I wasn't... 150 May 27, 1993 • • Commissioner Plummer: Well, excuse me. John. In all fairness... Mr. Fletcher: Yes. Commissioner Plummer: ... I have been advised by my City Attorney that there is, 1n fact, a basis to her request for dismissal, and as such, I don't know really... Commissioner Alonso: Exactly. Commissioner Plummer: ... what opinion I have or what I can do to differ to that opinion. Now, predicated on that, whether I want to hear it or I don't, whether 1t has merits or not, my City Attorney advises me that you do not have standing before this Commission. 1 have to move whatever the appropriate motion is to back up my City Attorney. I don't know, I can't do anything else. Mr. Fletcher: I understand your dilemma. You know, I always like to tell Boards and Commissions to listen to their attorney. I appreciate the opportunity to tell you why she 1s wrong, which I tried to do, and tried to lead you in the direction that I'd like you to rule. All I can say is... Commissioner Plummer: As soon as you become my City Attorney, sir, I'll be glad to back you up as I'm going to do Miriam Maer. Mr. Fletcher: You mentioned that they were highly paid before. Perhaps I should talk to you about - no. Commissioner Plummer: Yes. You didn't ask me about overpaid. What is the appropriate motion, Miriam? Ms. Maer: I would request the Commission, if you are so inclined, to make a specific finding of prejudice in the failure to state grounds in the notice of appeal... Commissioner Plummer: Is there any other word besides "prejudice"? Ms. Maer: "Prejudice" is the word that is necessary. Commissioner Plummer: That's exactly my motion, Mr. Mayor. Mr. Fletcher: I'd like to address that. Ms. Maer: And that having found prejudice... Commissioner Plummer: What was my motion? Ms. Maer: To find -.that you have found prejudice against the appellee by the appellant having failed to state grounds in his notice of appeal, as required by the ordinance. And having found that prejudice, then you would be making a motion - then you would be entering your decision to grant the motion to dismiss. 151 May 27, 1993 El Commissioner Plummer:, And let the record reflect, I would have liked to have heard the issue, but predicated on advice of counsel, I am not going to hear the issue, because according to her, I have no choice but to dismiss. I so move. Mayor Suarez: So moved. Commissioner Alonso: Second. Vice Mayor De Yurre: Second. Mayor Suarez: Second and thlyded. Mr. Fletcher: May I have one last second to address... Mayor Suarez: All right, one last second, counsel. Mr. Fletcher: Since this is a very serious thing. What you are doing now is saying that whenever somebody appeals to your Zoning Board, they cannot, under any circumstance, after they file the appeal and the 15 days has passed, amend to add a new ground to the appeal. They cannot, even when they're down here, bring up new grounds. Citizens who get notice who are not parties to this may want to raise new issues, and you won't allow them to be raised by a ruling of prejudice. You also haven't heard any testimony that they are going to be prejudiced by this. As I said,. they know what their burden of proof is in these cases, and it's a substantial burden of proof in each case. I can understand that you might want to rule on the first ground separately from the second ground. The first ground does not require a showing of prejudice, but simply, to find that my client was not at the Zoning Board. But you are making 'a really critical decision that's going to wipe out neighborhood appeals, objectors, who aren't part of the appeal process, and get the notice and come down here and want to speak, you're going to wipe them out from participating In your appeals. Commissioner Dawkins: I doubt it, because I think that each one, each case will be heard on its merits, and when you got five people up here, you. never know how they're going to vote, so I wouldn't say that this would be a record shattering decision. Mr. Fletcher: Commissioner, if you find today that there's prejudice because somebody didn't put the grounds in the appeal, and that once the period of time passes, they can't amend it or they can't, in some fashion, provide them with the additional information, you're wiping out appeal after appeal. Commissioner Plummer: John, in 23 years that I've sat in this seat, I can't ever remember this happening before. Mr. Fletcher: It's going to happen a lot, once you establish the precedent. Every attorney in this room is listening carefully. Commissioner Plummer: John, what do I do if my City Attorney advises me that I'm doing the right thing? 152 May 27, 1903 • • Mr. Fletcher: What I'm telling you is you haven't gotten- any evidence of prejudice. She's not telling. She said you have to find the prejudice; am I correct, Miriam? Ms. Maer: That's correct. There has to be a finding of prejudice, that, in fact, the appellee is prejudiced by the appellant having not stated the reasons in his motion to dismiss, and you might... Commissioner Plummer: What are my colleagues, please... Mayor Suarez: All right. Commissioner Dawkins: Call the roll. Commissioner Alonso: Call the roll. Commissioner Plummer: Well, give me your opinion. Commissioner Alonso: Call the roll. Commissioner Plummer: Do you agree with that or do you disagree? Mayor Suarez: I'm not sure why the City Attorney suggested that we... Commissioner Alonso: I'm going to take her advice. Mayor Suarez: ... find on the grounds that she is suggesting. I thought that the other part of the argument was more convincing, but in any event, neither one convinces me. So I'm going to vote against the motion. But I have a feeling that... Commissioner Plummer: Hahl Thanks. Mayor Suarez: I have a feeling that I would vote with the property owner on the merits, but, you know, you've heard - that's her opinion. I mean, we... Commissioner Plummer: All right, let's call the roll and see where we are. Commissioner Alonso: Yes. Mayor Suarez: All right. Call the roll. Commissioner Plummer: Please. 153 May 27, 1993 • C The following resolution was introduced .by Commissioner ;Plummer, who moved its adoption: RESOLUTION NO. 93-351 A RESOLUTION, WITH ATTACHMENTS, DISMISSING THE APPEAL OF THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 917.9. JOINT PARKING FACILITIES FOR CONTIGUOUS USES, TO PERMIT A JOINT PARKING FACILITY INCLUDING ACCESS WAYS FOR CONTIGUOUS USE, AS PROPOSED, SUBJECT TO THE CONDITIONS SET FORTH ON EXHIBIT "A", FOR THE PROPERTY LOCATED AT 3043-3059 GRAND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SAID SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: Mayor Xavier L. Suarez ABSENT: None. Ms. Maer: Thank you. Mr. Fletcher: Thank you for the opportunity to address the issue. Mayor Suarez: All right, sir. Mr. Fletcher: As always, good seeing you. 23. COMMISSIONER ALONSO REQUESTS INFORMATION FROM ADMINISTRATION CONCERNING THE NET PROGRAM. (See label 4B) Commissioner Alonso: Mr. Mayor, perhaps - before we address PZ-6, if I have the opportunity, we were given - I asked in the morning to have a copy of the staff for NET (Neighborhood Enhancement Teams) service centers, and the date of employment. We've been .given a list, but it is my understanding that we 154 May 27, 1993 have additional personnel that was hired after. I have reason, to believe - and .I don't like to state names - of people who were hired in '92, April of 192. They are not included here, and I wonder, how do they get paid? Mayor Suarez: Mr. Rodriguez, do you have any idea why they would not. be included in the list that requests present employees under the NET Program? Can we try to track down Carlos Smith, or the Manager or somebody? Mr. Sergio Rodriguez (Assistant City Manager): Let me call.them, if you want to. Commissioner Alonso: Yes, to respond to this question, Mayor Suarez: By the way, I have a standing request. I think, that is being - st111 being complied with as to all new hires, and I think every month I get a report. Commissioner Alonso: Yes. Mayor Suarez: I thought that was distributed to everybody. Commissioner Alonso: It does. But then... Mayor Suarez: Do you remember if those names... Commissloner,Alonso: Yes, but the problem - exactly. That's why I wonder why we are not given a complete information and the truth. There's nothing wrong, I have no objections with the one or other persons being hired, but we need to be told. Mayor Suarez: Yes. Commissioner Alonso: And when we ask for specific information, they should not withhold some of the information; rather, they should give it to us, the complete list of names and locations, because it makes me wonder, do we have other people that were hired through the NET Program and they are not given to us as well. Mayor Suarez: All right. Very good. We'll get those answers... Commissioner Alonso: Thank you. Mayor Suarez: ... hopefully before the end of this session, certainly. 155 May 27, 1993 --------------------- ------------------------------ --------------- ------------ 24. (A) DENY PROPOSED SECOND READING ORDINANCE TO AMEND 10544 BY DELETING PLANNING / PROGRAMMING / IMPLEMENTATION / FUNDING FOR PROVISION OF SANITARY SEWERS IN SOUTHERN PORTION OF COCONUT GROVE. (Applicant: Planning, Building S Zoning Dept.) (B) DISCUSSION CONCERNING METRO-DADE WATER AND SEWER AUTHORITY'S MORATORIUM ON- ANY NEW CONNECTIONS OR LINKAGE TO THE CENTRAL WASTE WATER DISTRICT. ------------------------------------------------------------------------------ Mayor Suarez: Item 6. Commissioner Alonso: PZ-6. Mayor Suarez: Who's here on this item, item 6? Commissioner Alonso: I will move for approval, as presented to us. Mayor Suarez: OK. No - all right, we do have opponents. OK. I'm sorry? Ms. Mary Weber: Please drop the resolution. We'd like to address this at a future time within the planning study that we hope to be a part of. Mayor Suarez: All right. On item 6, I'm totally confused. I just need a show of hands, if you are here on item 6, as opposed to staff, which is not required to be sworn in, and I don't know if you've been sworn in yet, Mary, but... Ms. Weber: No. Mayor Suarez: ... if you haven't been and if you intend to address us, if this is an item that might require some testimony, please raise your hand and be sworn 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. What are you going to suggest that we do with this, then? Ms. Weber: Support staff's recommendation. Mayor Suarez: And the staff recommendation is? Mr. Clark Turner: Staff recommends that you deny this ordinance. Mr. Sergio Rodriguez (Assistant City Manager): We originally recommended approval. I want to make that clear. And then we did an approval recommendation. The Planning Advisory Board recommended approval. We, as a requirement of State law, we send it through the process of going through South Florida Regional Planning Council and DCA (Department of Community Affairs). At that point, they received objections from the Florida Department of Environmental Regulations, South Florida Regional Planning Council, and South Florida Water Management District... 156 May 27, 1993 Mayor Suarez: And we got it through all of those. Mr. Rodriguez: ... against the proposal that we have to eliminate sanitary sewers in South Grove. And because of that, we believe that we're going to have objections that have been raised on this that will be difficult to... Mayor Suarez: By governmental agencies. Mr. Rodriguez: By governmental agencies. Mayor Suarez: What about by the people that we represent? How do they feel? Mr. Rodriguez: Well, that's why you're here. Commissioner Alonso: They voted sometime ago in support of this ordinance that we have in front of us. And furthermore, I think that they have no grounds. Remember, Mr. Mayor, at the present time, there is no sewer lines available to connect, so it's almost a contradiction, how they are going to go against us when they don't have sewer lines available to connect to. Let's say that we have - we present ten, 15 projects, and we say we would like to connect. Are they going to approve it? Mr. Rodriguez: Well, I tried to get an answer. Commissioner Alonso: They will deny the application. Mr. Rodriguez: Yeah. I tried to get an answer today on that particular issue, and I have been advised by the lawyer of the County that apparently, EPA (Environmental Protection Agency) is going to sue now the County and the State for failure to provide adequate sewers for Dade County. I mean, in the sense there have been failures in the system in the past. The similar... Mayor Suarez: What a great system. All the governmental agencies suing each other and everything goes to the courts, and the courts do something totally unpredictable, which then gets appealed, and then they do something totally unpredictable, and then you pack the Supreme Court and get your way. All right. So... Commissioner Alonso: Even though we feel that this is the right thing to do, even though this is what the citizens want, we should take no action. Mr. Rodriguez: Well, I feel that the citizens want this because they were trying to'avold having more development to the South Grove area, and I think that's the way they found a way of supporting this. Mayor Suarez: Oh, I thought they had a bunch of different reasons besides that. Commissioner Alonso: Oh, I think so. Yeah, 1... Mr. Rodriguez: I know, but that was basically .the major... Mayor Suarez: Including environmental, aesthetic, et cetera. 157 May 27, 1993 Commissioner Alonso: They felt it was convenient for the trees, and, you know, a number of reasons. Mr. Rodriguez: Right, right. The main reason was that one, I believe, and I think Ms. Weber was here to address that issue. I'm not sure exactly where she stands now. Mr. Turner: Commissioner, may I address the question that you raised? Indeed, the ordinance as presented to you would amend the comprehensive plan, If passed, In the manner that the citizens of South Grove indicated they wanted. What they. were seeking was to have sanitary sewers not be installed 1n the South Grove. Our fear is that if the ordinance is passed at this time and goes forward for its review by the State, our fear is that the State will not support to pass that ordinance. We'll find that our comprehensive plan is not in compliance. If that were to happen, a possible outcome, and perhaps more than possible, perhaps even probable outcome would be a finding that would ultimately lead to us being required to install the sanitary sewers in the South Grove, as soon as the County... Mayor Suarez: Are you saying that it's better to be silent on this? Is that what you're saying? Mr. Turner: I'm suggesting that the best procedure, if we want to honor the wishes of the people of the South Grove, is to not beg the question. Commissioner Alonso: You know what they should have done? Not have this item on the agenda... Mayor Suarez: Why do we have it on the agenda? Commissioner Alonso: ... and should have sent a memo to all of us and said, this is the reason that we... Mayor Suarez: Exactly, exactly. Commissioner Alonso: ... would like'to delay action on this ordinance. Mr. Rodriguez: We're required by law... Commissioner Alonso: So you want us not to do anything at the present time? Mr. Turner: It has to be presented. It must be... Commissioner Alonso: Just stay silent? Mr. Rodriguez: We're required by law to pres^nt it to you and give the result of your findings to DCA (Department of Community Affairs). Commissioner Alonso: So do you want us to vote against this? I will not. Mayor Suarez: Or can we vote to defer but to give the reason? .Commissioner Plummer: Sure. 158 May 27, 1993 Mr. Turner: The time for action expires tomorrow or the next day. Mayor Suarez: Don't tell us all the things we can't do. Somebody tell us what we're supposed to do here to comply with the wishes of the great majority of the people of South Grove and the Grove. Mr. Turner: We recommend that you deny this ordinance, which will have the effect of honoring the wishes of the people in the South Grove for an indefinite period of time. Mayor Suarez: And you don't think that that denial will then reach the DCA, the Department of Community Affairs, South Florida Regional Planning Council, and otherwise create problems for us with our comprehensive master plan? Mr. Turner: Because the ordinance will not have been passed, it simply goes away. Mayor Suarez: It goes away. Mr. Turner: The issue goes away. Mayor Suarez: I like that. Commissioner Dawkins: Where will the money come from to put these sewers in? Mr. Turner: As Sergio said, the sewer couldn't be put in now anyway, and they can't be... Commissioner Dawkins: Beg your pardon? Mr. Turner: The sewers would not be able to be put in now, until the County is able to rectify the problem that it has with the line across the bay, which is years in the future. Commissioner Dawkins: I will ask my question again. Just in case the County lifts the moratorium tomorrow, where will the money come from to put the sewers in? Mr. Turner: The money is available. It is not currently - it is currently in the capital improvements program. Commissioner Dawkins: Now much money is in the capital program for sewers? Mr. Turner: Approximately $10,000,000. Commissioner Dawkins: Well - how much? Mr. Turner: Ten million. Commissioner Dawkins: Ten million. Mr... Mr. Turner: No, in the South Grove. $10,000,000 to put sewers Citywide if 159 May 27, 1993 Commissioner Dawkins: ... Mr. Kay, is approximately how much per area? Mr. Turner: It's probably less than one square mile. Mayor Suarez: But, 1 mean, is this $10,000,000 earmarked for the Grove, and 1f so, why? Mr. Turner: Yes, yes, it has been for years. Mayor Suarez: Why? Was that by the... Commissioner Alonso: Because it's the completion of the program. Mayor Suarez: ... by the bond issue or... Commissioner Alonso: Yes. Mr. Turner: It is the last unsewered area in the City of Miami. Mayor Suarez: All right, sir. Commissioner Dawkins: No, no, no, no, no. Uh-uh. You got an area from 71st Street to 70 - no, from 67th Street to 71st Street, from 7th Avenue over to 12th Avenue that has no sewers. No, no, no. I'm talking to the gentleman who just - no, no, not you, the gentleman who made the statement. Mr. Jim Kay: All of the City of Miami is sewered with the exception of South Grove and Watson Island. Commissioner Dawkins: All right, I'm going to... Commissioner Plummer: May I ask a question, Mr. Mayor. Commissioner Dawkins: OK, go ahead. That's not right. Mayor Suarez: I'm sorry? Commissioner Plummer: You know, I understand the concern, and I think I appreciate the concern of the people of South Grove, and that's basically what we're talking about, correct? But shouldn't we also be concerned about the environmental? Mayor. Suarez: I was going to ask precisely that question. What is the latest... Commissioner Plummer: You know, I'm concerneJ, and, Mr. Mayor, I think Andrew has taught us a lesson, especially in South Grove. Everything that I can remember in South Grove, as lucky as we were, was flooded and underwater. I had a secretary, one of my secretaries lives on Edgewater Drive. Her whole first floor was flooded. Now, if you continue to operate on septic tanks, fully knowing that that area is extremely low, are we really doing the right thing by people? 160 May 27, 1993 • 0 Commissioner Dawkins: No, because, J.L., as you know, we got the water table a few feet under the surface, and if you continue with the septic tanks, then you're just contaminating the fresh water well, and so you're going to need the sewers in order to make drinking water available. Commissioner Plummer: Well, you know, my problem is that we are very much aware that that's a low lying area. And as such, I am concerned that if you continue to operate on septic tanks that you're going to have a contaminated area. Mr. Turner: Commissioner, that, indeed, is the basis of the objections by the various State agencies that have objected to the ordinance as it is proposed. but there are two aspects of that that I think need to be taken into consideration. One is, there is no present evidence that the use of septic tanks in the South Grove is contributing in any material way to the pollution of the surface waters of Biscayne Bay. In fact, Metropolitan Dade County... Commissioner Plummer: Sir, I'm not worried about Biscayne Bay. I don't represent the king fish and the dolphin and everything out in the bay. I represent the people, and,I'm concerned about what damage, if any, would it be doing to the people in the water table in those particular neighborhoods. Commissioner Dawkins: Who have their own private pumps. Commissioner Plummer: That's my concern. Mr. Turner: Well when Metropolitan Dade County reviewed the request, reviewed this matter, reviewed the proposed amendments, their transmittal to the -State concludes - it's a three -page letter, but it concludes by saying: "In summary, we find that the continued use of septic tanks in the subject area would not be inconsistent with comprehensive development master plan policy County plan, governing use of septic tanks, and would help promote objectives of the City and County plans to preserve the unique, low density character of the Grove." Commissioner Dawkins: Mr. Mayor. Commissioner Plummer: Then why have we been so insistent in other areas that they had to have sewers? Mr. Turner: Other areas... Commissioner Plummer: Excuse me, let me go one step further. Why aren't we even then concerned about this sewer moratorium on building permits, if there's really no objection to septic tanks? Why don't we just let anybody who wants to build put in a septic tank? I mean, there's something in conflict here. Mr. Turner: That, indeed, is a possibility in some areas of the County, as long as the sewer moratorium is in effect. But the distinguishing characteristic of the South Grove, as against other areas of the City in which sewers have been required, is that South Grove consists entirely of low density residential property, and that is the only type of property that in an urban area can be reasonably considered to be served well by septic tanks. It's not necessarily always the case. 161 May 27, 1993 Commissioner Plummer: Are you saying that under the moratorium, they will allow septic tanks on single-family residence? Commissioner Alonso: Yes, yes. Mr. Turner: They will, certainly. They certainly allow it and they... Commissioner Plummer: Well, let me tell you, that's very nice, because I want to tell you in my neighborhood, once they put the sewer line down my street, I could never, from that day forward, ever have my septic tank repaired. They made it mandatory. Septic tanks are bad. You can't use septic tanks. Now, let me tell what's presently - what's going on with that. Have you seen your water bill recently? Do you live in the City? Huh? $280 bill, of which 60 is for water, and the rest is for sewage. Now, if septic tanks are not so bad, why are they forcing me to hook up to the sewer? Why the hell is this City spending millions of dollars to put in sewers, if they're not bad? Mr. Turner: That's precisely the kind of argument that we've presented to the State while they were reviewing this application, but we came away convinced the State would be unmoved by those arguments, and that should we forward this application on in the form of the past ordinance... Commissioner Dawkins: Mr. Mayor... Mr. Turner: ... we will lose. Commissioner Dawkins: Mr. Mayor, I move that we deny this ordinance with the stipulation that there's $10,000,000 to put sewers in, and that you start immediately to put out RFP's or whatever you need, so that once the moratorium is lifted, you could go right away to putting sewers in there before that $10,000,000 is lost. I so move. Mayor Suarez: So moved. But I think the idea is that they don't want sanitary sewers in the Grove. Ms. Mary Weber: Can I make a comment here? Commissioner Plummer: Sure. Ms. Weber: What is this; screw Coconut Grove Day? Commissioner Plummer: Well, wait, wait a minute, hold on. You got to get a second. Ms. Weber: I mean, I can't believe I'm listening to this. Commissioner Plummer: I'll... Mayor Suarez: Oh, don't get carried away. We're trying to understand a very difficult problem. I think you've got a majority. Commissioner Plummer: Mary, I'll second it for discussion and maybe vote against it now. 162 May 27, 1993 Mayor Suarez: Don't overdo it, Mary. Commissioner Plummer: What was your... Commissioner Alonso: What do I...? Commissioner Plummer: What's your problem? Mayor Suarez: She says she thinks that we're not going to vote with them on this, and I think we are going to vote with them on it. I don't... Commissioner Plummer: Well, what I heard of the motion is, we're going to vote with you, and take the $10 and run to Venezuela or somewhere else. Ms. Weber: Well, I want to go too. Commissioner Alonso: What do you want us to do? Ms. Weber: I just... Mayor Suarez: You want us to vote to deny the ordinance of second reading. It's a very simple motion that we need to do. Commissioner Dawkins: That's what everybody out there asked for. Commissioner Alonso: Do you want us to deny? Ms. Weber: I just want you to drop the whole thing, period. Mayor Suarez: The City Attorney tells us the correct way to do that is to move to deny item S. Ms. Weber: OK. Commissioner Plummer: Well, is not the motion to deny and take the money and spend it elsewhere? Commissioner Alonso: That's exactly what he did, to deny. Commissioner Plummer: No. Vice Mayor De Yurre: If we deny... Commissioner Dawkins: I tell you what, defer the whole thing till next year. - Commissioner Plummer: Well, that's not a bad idea either. Commissioner Alonso: No, it's not. Commissioner Plummer: Except if you defer it, it's got to come back. Vice Mayor De Yurre: But what it says here is the recommendation is that the City Commission deny the ordinance, you know, the amendment to the ordinance 163 May 27, 1993 that would exempt the sewers or that would exempt South Grove from continuing the way it is. So if we deny this, then what we're saying is, go ahead with the sewers. Commissioner Alonso: Exactly. Vice Mayor De Yurre: Which is not what South Grove wants. Commissioner Alonso: That's what she's asking us to do. Mayor Suarez: OK. Why is that not the case? I don't know that we don't want to pass it for the opposite reason, but why is that not the case. Ms. Weber: We already know that we can't get it. We've gone through all of the State agencies necessary, and they've all said no, so we would like to drop it like a hot potato at this time, quite frankly, and pick it up at such time... Mayor Suarez: But what happens if somebody wants to build a home or add to their capacity, or replace an existing septic tank that is leaking or whatever? Vice Mayor De Yurre: They have to increase their septic tank. Mr. Turner: There's a moratorium that's going to last for years. Commissioner Plummer: Wait a minute. Why can't they put in another septic tank? Commissioner Alonso: So we deny this and then we have to proceed with sewers, don't we? Mr. Turner: No, we would not have to proceed with sewers. Commissioner Alonso: Why not? Mr. Turner: Because we are not going to be able to do that, because the County will not allow the connections to the sewer system. Commissioner Alonso: Well, let's say that they find a solution. Mr. Turner: If that becomes the case, then we would have to address the Issue. Commissioner Alonso: Then we have to proceed with sewer or go back and establish this ordinance. Mr. Turner: The Commission would have to authorize... Mayor Suarez: Yeah. Please don't assume that we're not going to be able to build in other parts of the City. I mean, one thing is Coconut Grove, and the other thing... ' Vice Mayor De Yurre: Why don't we defer this item for "X" number of months. 164 May 27, 1993 • Mayor Suarez: What about the idea of deferring it for a period of time? Commissioner Alonso: Exactly. I would feel much better, rather than saying that I am in support of having sewers when they don't want it. Mayor Suarez: Mary? Ms. Weber: I's sorry, I missed the question. Mayor Suarez: Deferring for an indefinite period of time. Commissioner Alonso: Indefinite period of time. Mayor Suarez: Nothing is sent up to DCA, nothing happens, there's no new ordinance. Commissioner Alonso: Can we do that? Mr. Rodriguez: OK. We, by state law, are required within 60 days to send back to them the action by this Commission. Commissioner Alonso: So what we are saying by our actions today, yes, we are in support of sewers, right? Ms. Weber: Yes, that's what you're saying. Commissioner Alonso: And that's.not what you want? You don't want sewers? Ms. Weber: I'm just being honest with you and telling you that, number one, we would like to build this Into the planning study that hopefully we will be doing together, and when that planning study is complete, we'll be able to address this situation again and further. Commissioner Dawkins: That's all we're saying is that... Ms. Weber: OK. Commissioner Dawkins: Go ahead and do what you have to do but... Ms. Weber: Right. Commissioner Dawkins: ... as it comes back, each thing is tried on its own merit. Mayor Suarez: OK. And Mr. Rodriguez, then what is the best way to do what they want and what we want, apparently, by clear consensus of this Commission? Mr. Rodriguez: Let me read the language and maybe I can explain to you what I have in mind just now. The language that we are discussing is: all residences and businesses within the City of Miami will be served by sanitary sewers by 1994. What we're discussing here today is the following sentence: Except for South Grove, which will continue to be served by on sight septic tanks. OK? We're saying today in the recommendation, don't include that 165 May 27, 1993 language. I think to deal with the issue that you have is, they are concerned that we will have sanitary sewers by 1994. If we were to recommend that the sanitary sewers would not be there until the year 2005, in which we have an - this will be an amendment to the comprehensive plan again. I think that will make them more acceptable to this position. What they don't want to do now is have a sewer in the area that would allow new development. In the meantime, if we're going to be doing a study of the area, there will be some conclusions coming from the study, and there will be a possible amendment to the comprehensive plan that might push the date of the sewer in this area to a further time in the future, or make it necessary. -Mayor Suarez: What do you recommend? Commissioner Plummer: Drop back and punt. Mr. Rodriguez: The 190 ordinance 1s what we're saying. Commissioner Plummer: Move it. Mayor Suarez: I'll entertain a motion to deny your ordinance. Commissioner Alonso: Do the people of Coconut Grove understand this? Mayor Suarez: Yeah. So moved and I think seconded. Commissioner Plummer: This reminds me, if you want Metropolitan Dade County, you vote no. If you wanted yes, you vote no. If you wanted no, you voted yes. Mayor Suarez: On referenda questions. All right. We have a motion and a second to deny. Madam City Clerk, would you reflect... I guess what they're saying is that eventually, almost every other agency is trying to tell us that eventually, we're going to have to put sewers in, and so this 1s the best motion that we can pass at this particular point. Mr. Rodriguez: I think so. Mayor Suarez: We don't send any changes to our comprehensive master plan. Mr. Rodriguez: And we can do that in the future. Mayor Suarez: We are totally silent. There's an implication, I guess, that if the State has its way, and DERM (Department of Environmental Resources Management), and everybody else, ultimately we will have to put sanitary sewers. Commissioner Plummer: Right. Call the roll. Mr. Rodriguez: We can amend it 1n the future if we have to. Commissioner Plummer: Call the roll. Mayor Suarez: OK. Call the roll on the motion. 166 May 27, 1993 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-352 A MOTION TO DENY AGENDA ITEM PZ-6 (PROPOSED SECOND READING ORDINANCE TO AMEND ORDINANCE NO. 10544, BY DELETING PLANNING, PROGRAMMING, IMPLEMENTATION AND FUNDING FOR THE PROVISION OF SANITARY SEWERS IN SOUTH GROVE TO CHANGE THE TEXT OF THE COMPREHENSIVE PLAN.) Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Miriam Alonso Vice Mayor De Yurre ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Alonso: I will vote no, because I feel this is actually a contradiction of what we really want, so I'm going to vote no. Commissioner Dawkins: I vote yes and no. How did J.L. Plummer vote? Commissioner Plummer: Yes. Commissioner Dawkins: I vote yes. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: And I don't agree with a lot of the rationales being given. Commissioner Plummer: Neither do I. Mayor Suarez: I don't think that's what the Grove is saying. I don't the Grove is saying, we want to stop all development, necessarily, of single- family residences. I think they want to have nice single-family residences with septic tanks, and I don't think there is anything wrong with that. I think we ought to fight the State all the way with environmental arguments, with political arguments, whatever it takes, folks. Commissioner Dawkins: And as J.L. said, most of the water bill is for sanitary sewer, or when you water your lawn, they still chalk that up to the number of gallons of waters that you use, and if you got a septic tank, you don't get charged that. Commissioner Plummer: And God help you if you got a swimming pool. 167 . May 27, 1993 Commissioner Alonso: I know. Ms. Weber: And we don't want to pay for that. Commissioner Plummer: If you got a swimming pool, you are in serious trouble. Commissioner Dawkins: I don't blame her, I don't... Mayor Suarez: Don't say anything further to... Vice Mayor De Yurre: Mr. Mayor, if I may ask... Mayor Suarez: Yes. Commissioner Dawkins: If they let you get away with it, I'll go hook back up to my septic tank. Mayor Suarez: Yes, Commissioner - Mr. Vice Mayor. Vice Mayor De Yurre: Now that we're talking about sewers, Sergio, where are we at with that concept that the County had about credits that they were looking into? Mr. Rodriguez: I discussed it with them today. They are supposed to come to an agreement this coming week. They couldn't give me any specific language at this point, because they are still under the settlement agreement with the Florida Department of Environmental Regulations. The concept that they were trying to create, as you know, is having a bank of development - .of sewer credits, that, according to the article in the paper, it will extend to the whole Dade County area and will not concentrate on the area covered mostly by the City of Miami. And the advice that I received today, but from the lawyer, was that they will meet next week, I believe Tuesday or Wednesday, and they will try to come to an agreement with the Florida Department of Environmental Regulations. But also, though, that they have been advised by the Federal Department of Environmental Protection - EPA, Environmental Protection Agency, that the Dade County and State will probably be sued in the near future for the failure of the sewer system affecting the Miami River and the bay. Commissioner Plummer: By who? Mr. Rodriguez: By the Feds. Federal government, EPA. Commissioner Plummer: Is that just in effect going to slow it down and stop it? Mr. Rodriguez: Well, basically, because they feel that - I don't know the reasons. I know the U.S. Attorney's Office has been going through... Commissioner Plummer: Yeah, but I mean, what is the purpose of filing a lawsuit for the Feds against the County? Mr. Rodriguez: I imagine to try to get corrective action or to try to mak than... 168 May 27, 1911 Commissioner Plummer: Is that like Dexter Lehtinen suing the Everglades? Mayor Suarez: Very similar. Mr. Rodriguez: Similar, I guess. Mayor Suarez: In the meantime, to answer the Vice Mayor's question... Mr. Rodriguez: I don't know. Mayor Suarez: You don't know. Vice Mayor De Yurre: You don't know. But let me tell you... Mr. Rodriguez: Really, because I tried to ask specifically. Mayor Suarez: You previously told us that a system was being implemented where you would get certain credits as certain parts of the line were fixed. Mr. Rodriguez: And that's what they told me. Mayor Suarez: And that based on those credits, certain projects would be approved. Is that no longer the case? Commissioner Plummer: He's saying he don't [sic] know. Vice Mayor De Yurre: No, that is... Mr. Rodriguez: According to them, it's the case, but they couldn't give me any figures. I wanted to get specifically some figures on that... Mayor Suarez: What kinds of credits are we... Mr. Rodriguez: ... the question that you asked, and I... Mayor Suarez: ... accruing at this point, and there is no answer on that? Mr. Rodriguez: No answer. Mayor Suarez: Do we know of a single project that's been denied? Mr. Rodriguez: Not that I know. I have been specifically going, asking any time that I get a request for a particular project, and it has been approved; it was in every case that I know of. Commissioner Plumper: Delayed. Vice Mayor De Yurre: Let me tell you where I'm headed. If this program is implemented about the credits, we have approximately 20 - what? $22,000,000 in bond money that has been approved by the voters, and it's sitting there waiting to be put to work. That's $22,000,000, plus another 5,000,000, I believe, five -plus that we get every year from the $30 that we collect annually from the residents. So you're talking about, right off the bat, 22,000,000, plus five and five every year. So immediately, we could have a 169 May 27, 1993 pocket of close to $30,000,000 available to start fixing our lines and creating the credits to continue. Commissioner Plummer: That is not our responsibility. Is it? Commissioner De Yurre: No, one of the lines is our responsibility, and we can correct that. Commissioner Plummer: Those lines are not our responsibility. Vice Mayor De Yurre: One is. Which one is ours? Commissioner Plummer: After I gave them $400,000,000 of water and sewer department? Vice Mayor De Yurre: We have control of one of the lines, whether it's - one of them is ours. Which one is ours? Mr. Kay: The storm service system belongs to the City, but the sanitary sewer system belongs to Dade County. Vice Mayor De Yurre: But we get credits through the storm - repairing the storm system, storm sewage - sewer system for the other type of - for the other two. Mr. Rodriguez: Following your request in the previous Commission meeting, the Manager sent a letter to the County Manager, asking specifically whether we will get credits for anything that we will do to repair our system that would have a positive impact on the whole system. So we haven't received an answer yet. Vice Mayor De Yurre: OK, but my understanding is that that can be done, and that is one way of alleviating this moratorium, if we get working on this. I mean, like the money is there. It's just a matter of making a policy decision, saying, "Let's go and start repairing it so we can start accumulating these credits." Once this concept is approved and becomes law, then we can tap into that. Mr. Rodriguez: That's a possibility, I understand. But they haven't answered to that question yet in the County. Commissioner Plummer: Did I understand you to say that a building permit today, if it's a single-family residence, could put in a septic tank, even if they're in a sewer zone? Mr. Rodriguez: It doesn't mean necessarily they will get it. They will go and so far, we haven't heard of any case 1n which they have been denied. They will go and they will analyze the particular case to see if the soil would make it possible and so on, and the particular conditions of that particular site with the understanding that in the future they will have to connect to the laterals. Commissioner Plummer: Oh, later on? 170 May 27, 1993 0 .9 Commissioner Dawkins: Who pays for the study to determine if you can go back to a septic tank? Mr. Rodriguez: In the County? Commissioner Dawkins: No, at 1385 Northwest -50th Street. That's where I live. Commissioner Alonso: The property owner. Commissioner Plummer: Nancy Dawkins - huh? Commissioner Alonso: The property owner does. Mr. Rodriguez: Eventually, it's going to be, for all these suits, eventually, it's going to be the taxpayer. Commissioner Dawkins: No, no. I'm interested in going back to a septic tank. I want to disconnect from the sewer line and go back and put in - because they made me crack out - and put 1n another septic tank, and hook up to the septic tank. Now, who do I see for that? Mr. Rodriguez: To do that... Mr. Kay: I don't think that Dade County is considering that. It's not - they're not... Mr. Rodriguez: I know. The only way that I could think of that 1s applying through either WASA first, the Water and Sewer Authority Department, and then to the Department of DERM (Department of Environmental Resources Management), of environmental relations in the County, and then we have to decide on that particular case. Commissioner Dawkins: Then I can say that it's creating a hardship, because with the water bill $300 a month, It's going to create a hardship for me, for some other people, and me, and everybody else. Commissioner Alonso: But still, you will have to pay the bill, Commissioner, because it was stated when the sewers were connected, that regardless of whether you were. connected to the system or not, and you had a septic tank, you were forced to pay the water bill and the sewer connection, and regardless of whether you have a... Mr. Rodriguez: Septic tank or not. Commissioner Alonso: ... septic tank or not, you pay the bill. So the $300 stays. Commissioner Dawkins: Will the Zoning, Building and Zoning and the City Attorney join forces in researching that and tell me if I can or cannot do it, please? Mr. Rodriguez: Sure. 171 May 27, 1993 Commissioner Dawkins: No, wait a minute. Tell me if it can or cannot be done. Don't do it for me personally. Do it so'that I can tell everybody in the City of Miami if they can do it or not. Commissioner Alonso: Well, yes. And another thing, I believe they should research, that the citizens of Miami should pay less. That was the agreement when we donated $400,000,000 in properties, and the agreement was our bill was going to be lower than the rest of the people, and it has never been any different than the rest of the people in Dade County. So that has been... Mayor Suarez: If you have a right to claim a... Commissioner Alonso: Exactly. Mayor Suarez: ... a differential for having given all those assets over to the system. Commissioner Alonso: Right. That was the agreement at that time. Commissioner Dawkins: Yeah, uh-huh. Commissioner Alonso: Two things; that always a sewer line was going to be available to the citizens of Miami; and that the water bill was going to be lower, and the sewer fee as well. Mayor Suarez: All right. Commissioner Alonso: And it has never been that way. Commissioner Dawkins: OK. Thank you. Mayor Suarez: All right. Commissioner Dawkins: Thank you, Mr. Mayor. Mayor Suarez: Very good. 172 May 27, 1993 ------------------------------------------------------------------------------ 25.(A) DISCUSS AND CONTINUE (TO A MEETING NO LATER THAN JULY 22, 1993) CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO DECLARE A MORATORIUM ON DEVELOPMENT ACTIVITY IN THE COCONUT GROVE AREA (BOUNDED BY BISCAYNE BAY TO THE S.E., RICKENBACKER CAUSEWAY AND FEDERAL HIGHWAY TO THE N.E., S. DIXIE HIGHWAY (US 1) TO THE N.W.. AND THE CITY LIMITS ON THE WEST AND SOUTH). (Applicant: Planning, Building B Zoning Dept.) (B) .(Continued discussion) RECONSIDER PRIOR VOTE TO CONTINUE AGENDA ITEM 7 (PROPOSED RESOLUTION TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING STUDY). (See labels 9 6 11). (C) CONTINUE (TO A MEETING NO LATER THAN JULY 22, 1993): (a) PROPOSE FIRST READING ORDINANCE DECLARING A MORATORIUM ON DEVELOPMENT ACTIVITY IN THE COCONUT GROVE AREA; AND (b) PROPOSED RESOLUTION TO ENTER INTO AGREEMENT WITH COCOANUT GROVE VILLAGE COUNCIL FOR PREPARATION OF COCONUT GROVE PLANNING. ---------------------------------------------------------------------------- Mayor Suarez: Item 7, is that the one? Commissioner Alonso: Yes. A. Quinn Jones, III, Esq. (City Attorney): The moratorium. Mayor Suarez: Moratorium on development activity in Coconut Grove. Commissioner Alonso: Yes. Do we have the study? Mr. Jones: Mr. Mayor, I would suggest that given the action that you took early in the afternoon relative to the study, that you continue this matter as well, because this particular item, there's such a close nexus between this and the planning study, in terms of the timetable involved, to pass this and not have the authorization... Commissioner Plummer: I'll move that this item be deferred until such time as the study is brought back with it. Commissioner Alonso: I'll second it, yes. Mayor Suarez: All right. So moved and seconded. Mary - 1s the with - she's with our staff, right? Commissioner Alonso: Yes. Mayor Suarez: OK. Does she need to add anything at this point, Mr. Rodriguez? OK, Mary. Ms. Mary Weber: I *mould like to request that since you will be hearing both of these items on that one date that you put them back to back, starting with the planning study, with a time certain of 6:00 p.m. or after, with the moratorium issue to follow. 173 May 27, 1993 Commissioner Plummer: Well, but not necessarily are we at a time certain at this particular case, are we? Ms. Weber: Well, we had... Mayor Suarez: They had requested a time certain before, so I guess... Commissioner Plummer: No, what I mean, a time certain, June the 29th. I think it was the impression that I had - or did I make a mistake? - that the action of this morning, that this matter be brought back to the City Commission at such time as the Administration was going to recommend to us how to go about the selection of consultants, who would be on the committee, and things of that nature. And what I guess I'm saying is, I don't want to bind the Administration by just the 29th. If they can't do it successfully by then, then bring it back at a later time. Mr. Jones: The motion... Commissioner Plummer: Leave it up to them, is what I'm saying. Mayor Suarez: I don't think that's what we did, though. Mr. Jones: This motion this afternoon that you passed was to bring it back June 29th. Commissioner Plummer: Well, I think it would be more reasonable, if it's ready then. Let staff bring it back. Mayor Suarez: All right. If it's not... Commissioner Plummer: I would say let staff bring it back when they're ready. Mayor Suarez: All right. Commissioner Plummer: I'll move such. Do you need a correction on the other one? Because I think they're both together. Mayor Suarez: OK. You have to move to reconsider then... Mr. Sergio Rodriguez (Assistant City Manager): So basically, you are deferring the item at this point, both of them. Mr. Jones: Continue it. Commissioner Plummer: We are deferring the item, but both items, as Mary said, would come back, back to back, when the Administration is ready to present them. I so move. Commissioner Alonso: Second. Mayor Suarez: So moved. Do we need a motion to reconsider the other motion previously passed? Commissioner Plummer: He said no. 174 May 27, 1993 Mr. Jones: Yeah - well, yeah. You're going to change that... Commissioner Alonso: Well, the one in front of us was... Mr. Jones: You're not going to bring it back - if you're not going to bring the regular item 7 related to the study back... Commissioner Plummer: I'll move to reconsider the other item. Mr. Jones: ... to reconsider. Commissioner Plummer: What number? Mr. Jones: Item 7, Mayor Suarez: Moved to reconsider, seconded by Commissioner Alonso. Call the roll. Just to be sure, in case we do that, that we've done it correctly. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 93-353 A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM NO. 7 (PROPOSED RESOLUTION TO RATIFY MOTION 93-211, PASSED MARCH 25, 1993, AND AGREE, IN PRINCIPLE, TO ENTER INTO AN AGREEMENT WITH THE COCOANUT GROVE VILLAGE COUNCIL FOR THE PREPARATION OF THE COCONUT GROVE PLANNING STUDY, ETC.). Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote% AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L..Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Now, you're proposing that we move to defer until the Administration is ready to present it, and at which time, they should present both. Commissioner Plummer: That's correct, sir. So move. Mayor Suarez: Mary? Ms. Weber: Number one, can we have a time certain with both items back to back; number two, can we please put something in there that's going to have staff bring this back in a reasonable amount of time? 175 May 27, 1993 Commissioner Plummer: Hopefully, it will be the 29th. Ms. Weber: And maybe we should ask the question of staff, if maybe four weeks 1s an unreasonable amount of time for them to bring it back in. Mayor Suarez: I was going to propose that, you know, frankly, Commissioner Plummer, June 29th is plenty of time. If there's any problem with that, propose 60 days but don't... Commissioner Plummer: Mr. Mayor... Mayor Suarez: ... just sort of leave it open-ended. Commissioner Plummer: You want it the 29th? We can defer it again if it's not ready. I just don't want to bring everybody out if the Administration is not ready. Ms. Weber: Maybe the direction... Commissioner Plummer: If they are, fine. Then put it on the agenda, bring them out. If not, put it... Ms. Weber: Maybe the direction from the Commission should be that you should instruct both staff and us to meet with one another, to work on hammering out and clarifying these details that you want. Mayor Suarez: Absolutely. I mean, that goes without saying. Ms. Weber: Seems to me that's all that needs to be done. Mayor Suarez: But then on timing, then how do you want to word that? Are you going to be satisfied that we leave it open-ended until the Administration brings it back under staff? Mr. Rodriguez: I would prefer to leave it like that. Ms. Weber: Absolutely not. Commissioner Plummer: Well, let me do it the other way. How about if we put it no later than July the 22nd, which then gives you an open date in the middle? That's what I'm saying, you know. Ms. Weber: Well, that's... Commissioner Plummer: They -can bring it up sooner, or they can bring it up no later than the 22nd of July. Commissioner Alonso: It means it can come the 22nd. Mayor Suarez: OK. When the Administration is getting ready to present it, but certainly by no later than the Planning and Zoning meeting of July 22nd. All right? So moved and seconded. 176 May 27, 1993 Commissioner Plummer: Fine, sir. Ms. Weber: July? We're in July? Wait a second, excuse me. Commissioner Plummer: No later than July. Commissioner Alonso: Hoping that it will come in June. Mayor Suarez: It's either 30 days, Mary, or it's 60 days... Commissioner Plummer: We only got one meeting. Mayor Suarez: ... 1f you don't want it open-ended. Now, he's saying no later than 60 days, but it could be 30 days. Ms. Weber: Well, it certainly would be our hope that 30 days would be the maximum. Commissioner Plummer: And I have no problem with that. Mayor Suarez: It would be'my hope, too. In fact, I'd be ready to leave it in the same motion as we had before. Now, counselor. Mr. Steve Helfman: Good evening. My name is Steve Helfman, 2665 South Bayshore. I'm here on .behalf of the Coconut Grove Chamber of Commerce. There's really two different items that you're dealing with. One is the planning study, and my understanding of the direction- to the Administration was to come back to us with a plan for the nature of a committee, the way we're going to fund the study, and then there will be a decision made as to whether you're going to go forward, in fact, with the study, and how it's going to proceed. Commissioner Plummer: You're half right. Mr. Helfman: OK. The basis of the moratorium is, in fact, that there's an ongoing study. That's what supports the moratorium. Without that, a moratorium is invalid. You need the activity, which I think is what counsel has suggested. To bring the moratorium back, at the time you're going to discuss the composition of the Committee, is premature. The need for the moratorium... Ms. Weber: Are we getting - excuse me. Are we getting into a discussion of this item at this time? Commissioner Plummer: You're absolutely right, because the motion is to defer, so, Steve, you've got to speak to the ueferral. Mr. Helfman: Right, that's exactly. what I'm speaking to, which is, I think that the deferral should be beyond the date that you're going to come back and talk about the study. Ms. Weber: Again, are we having a discussion of this... 177 May 27, 1993 Mayor Suarez: Wait, wait, wait, wait, wait. He makes it sound like there's a premise in his argument, and the premise is that this Commission cannot find that it's a good idea, and it's logical., and it's.a compelling situation for us to impose a moratorium; that somehow, we have to do that in conjunction with a planning study. Mr. Jones: No. The case law basically says that if you make a finding that there's a present and imminent danger, that's the basis for your enacting the moratorium. Commissioner Plummer: Well, wait a minute, let — wait a minute. Mayor Suarez: So by arguing that we somehow can't do what we're doing... Mr. Helfman: I'm not arguing that. Your own ordinance says that. Commissioner Plummer: Wait, wait, wait, excuse me. Would .somebody please tell me what the imminent danger is? Would you tell me, in Coconut Grove, besides the Mayor living there, and Victor De Yurre living there, and I'm living there, what is the imminent danger? Commissioner Dawkins: You may move. Commissioner Plummer: No, excuse me. You used the terminology. what are you declaring as an imminent danger? Mr. Jones: Well, I'm not - I mean, you have to ask the Administration that. I'm not - I'm just telling you... Commissioner Plummer: Oh, you just throw it out and let' them bite on the hook. Mr. Jones: I'm just telling you what the test is. Commissioner Alonso: But the only thing that I think makes sense is perhaps since we don't know the economic impact, perhaps that's something that they... Commissioner Plummer: I still would ask somebody to please tell me, what is the imminent danger? Mayor Suarez: The imminent danger is that someday, cars will just stop moving, and there will be absolutely no movement of people and traffic, because there will just be so many of them on a Friday, or Saturday, or Sunday night, and everybody else who 1s trying to get to the hospital, or trying to get to their homes, or trying to get to other places, simply will not be able to drive through the Grove. That's the immmin:nt danger. Mr. Joe McManus: The legislation supports your view, Mayor. What we're talking about is lack of parking, traffic congestion, insufficient public utilities to meet local usage (unintelligible) growing perception of crime, and certainly the environmental devastation caused by Hurricane Andrew. Commissioner Plummer: Sir, if that is the only thing you're going to study, I have to say to you, quite frankly, that is the biggest waste of $100,000 I ever heard of. 178 May 27, 1993 • • Mr. Rodriguez: Can I try to clarify this? Mayor Suarez: Well, that part I agree with. $100,000. Mr. Rodriguez: Yeah, can I clarify this? Commissioner Plummer: Excuse me, Mr. Mayor. problem with parking. Mayor Suarez: All right, but all he has... I don't think we need to spend We know there's a hell of a Commissioner Plummer: We know there's a problem with utilities. We know all of that. Mayor Suarez: OK. But all we have now is to decide whether we're going to take up these two matters by no later than July 22nd, and possibly on June 29th or not, and counselor is arguing that if we're not already agreeing to begin the study, we should not simply impose the moratorium. Mr. Helfman: The whole... Mayor Suarez: We haven't really imposed the moratorium. Commissioner Plummer: We can impose the moratorium with a starting date. Mr. Helfman: The whole purpose of the moratorium was to hold everything in status quo while a study was being conducted, and... Ms. Weber: We're getting into a discussion here. Mr. Helfman: Well, it... Mayor Suarez: We are getting into a discussion here. Ms. Weber: That's right, and I'm going to... Mayor Suarez: Because we've got to understand what we're saying. If by any chance you want to rebut it, which I have a feeling you will, you'll get to rebut it. Mr. Helfman: And what I'm saying is, is that we haven't even concluded that you're going to do a study. You're trying to decide the composition of a Board that may select a planner and then go out for a 120-day RFP (Request for Proposals). What's the point in bringing back a moratorium a month from now, when you don't - haven't even decided you're going through with .the study yet? Mayor Suarez: OK. I answer for myself. Mr. Helfman: Yes. Mayor Suarez: I find that that imminent danger exists today, with or without a study. Maybe other Commissioners will agree, and maybe they won't. Maybe the study will be necessary and maybe it won't, but... 179 May 27, 1993 Mr. Helfman: The whole premise... Mayor Suarez: ... so I've answered for myself. I can see... Mr. Helfman: The whole premise of the moratorium was the study, and now... Ms. Weber: Are we hearing this issue now? Are we into a discussion? Mayor Suarez: Well, so far we are, if you just sort of let us hear this. I understand your objection, that you would like not to con... Ms. Weber: You better believe it. Ms. Helfman: What we're asking for is that you come back with the study as quickly possible, and thereafter, this moratorium - instead of bringing people down here a month from now, when you can't - you're not going to take any action... Commissioner Plummer: Two months, Steve. Mr. Helfman: ... two months, when you're not going to take any action anyway, because the study has still not commenced. Why? Why are we'doing it? Mayor Suarez: You got one vote to take action in two months, but we'll see. Commissioner Plummer: Mr. Helfman, we'll see you on the 29th. Mayor Suarez: OK. We have a motion and a second. Any further discussion? If not, please call the roll. Commissioner Plummer: I'm sorry, on the 22nd. No later than the 22nd. Mayor Suarez: No later than July 22nd. Call the roll on the motion, please. 180 May 27, 1993 • 0 The following motion was introduced by Commissioner Plummer, who moved its adoption: NOTION NO. 93-354 A MOTION TO CONTINUE AGENDA ITEM PZ-7 (PROPOSED FIRST READING ORDINANCE DECLARING A MORATORIUM ON DEVELOPMENT, WITH EXCEPTIONS ON THE APPLICATIONS FOR, THE ISSUANCE OF BUILDING PERMITS, SPECIAL PERMITS, LAND USE AND ZONING CHANGES IN THE COCONUT GROVE AREA), AND ITS COMPANION ITEM, REGULAR AGENDA ITEM NUMBER 7 (PROPOSED RESOLUTION TO RATIFY M 93-211, AND AGREE, IN PRINCIPLE, TO ENTER INTO AN AGREEMENT WITH THE COCOANUT GROVE VILLAGE COUNCIL FOR THE PREPARATION OF THE COCONUT GROVE PLANNING STUDY, ETC.), UNTIL SUCH TIME AS THE COCONUT GROVE PLANNING STUDY IS READY FOR CONSIDERATION, BUT NO LATER THAN THE MEETING PRESENTLY SCHEDULED FOR JULY 22, 1993;-FURTHER DIRECTING STAFF TO MEET WITH COUNSEL, IN THE INTERIM, TO CLARIFY DETAILS WITH THE STIPULATION THAT SAID TIME PERIOD FOR SAID ISSUES TO BE HEARD BEFORE THE COMMISSION DOES NOT EXCEED THE PLANNING AND ZONING COMMISSION MEETING DATE OF JULY 22, 1993. Upon being seconded by Commissioner Alonso, the motion was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to vote yes, but I'd much rather see that $100,000 go to unclog U.S. 1 and South Bayshore Drive, which is - that is imminent danger to me. Commissioner Alonso: I vote yes. I am in support of the study, and I think that perhaps at the completion of the study, we should take further steps. Yes. Mr. Steve Helfman: Thank you. 181 May 27, 1993 25. DIRECTIVE: COMMISSIONER PLUMMER DIRECTS ADMINISTRATION TO NOTIFY NEIGHBORS IN NATOMA MANOR / BAY HEIGHTS THAT THE DATE OF THE SECOND COMMISSION MEETING IN JUNE HAS BEEN CHANGED. Commissioner Plummer: Excuse me. Mr. Mayor, may I, inquire of the Administration? I'm just sitting here thinking. You all distributed to my neighborhood and Bay Heights a letter, indicating a hearing on June the 17th. Can I be assured that within the next couple of days a letter will go out to correct that, to make that hearing on June the 29th? Mr. Sergio Rodriguez (Assistant City Manager): OK. Which one is the letter about? Commissioner Plummer: That's the traffic plan for Natoma and Bay Heights. Mr. Rodriguez: OK, we'll do that. Commissioner Plummer: And they were hand -delivered to every door stop. Mr. Rodriguez: We'll do that. Commissioner Plummer: So I would hope that it's corrected so the people don't show up. And please notify the head of both neighborhood organizations. Mr.. James Kay: We'll do that. Commissioner Plummer: Thank you. Thank you Mr: Mayor. 27. DENY APPEAL AND AFFIRM ZONING ADMINISTRATOR'S DECISION TO REVOKE CERTIFICATE OF USE NO. 92-0831 (ISSUED ON JULY 9, 1992), WHICH ADDED A LIQUOR STORE TO AN EXISTING RESTAURANT CERTIFICATE OF USE AT 5741 WEST FLAGLER STREET. (Applicant / Appellant: Rafael Rolando Gonzalez.) Commissioner Plummer: Item S. Where are we? Hello? Commissioner Alonso: Eight, PZ-8. Mr. Sergio Rodriguez (Assistant City Manager): Item 8 is an appeal to the Zoning Board decision that denied the appeal and upheld the Zoning Administrator. The Zoning Administrator revoked the CU (certificate of use) for a liquor store. You heard this item before, and it was continued on different occasions. And I think on this particular case was continued to - just to hear additional information from the owner of the liquor store. They couldn't attend the meeting or something, if I remember correctly. Mr. Steven Jugo: And it's not... 182 May 27, 1993 Mr. Rodriguez: Expert witness, I believe it was. Mayor Suarez: Expert witness. Mr. Jugo:. It was from Rene Valdes, who had been injured. Mayor Suarez: Technically, we had closed the public hearing portion except for this part of the testimony, always knowing that depending on how things go around here, we try to be as flexible as possible, to respect everybody's rights. Commissioner Plummer: This must have been the afternoon I was absent. I don't remember this. Mayor Suarez: Just in case we need to hear from opponents, and, of course, as to anyone who you plan to introduce, would you please swear in the people who might testify. Father, and all the rest of - Dr. T, right? Would you please stand up and be sworn. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 40511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Jugo: Good evening. I'm Steven Jugo, 9130 South Dadeland Boulevard, and I represent Flagler and 57th Avenue Lounge and Liquor Store, Inc. Mr. Mayor, you are correct. The purpose of this was for us to present Mr. Rene Valdes, who had been injured at the time of the last meeting, and he is here today. He was primarily involved in obtaining or helping the liquor store obtain the certificate of use and the procedures involved in obtaining the certificate of use, and the survey that ;is being contested here today. Commissioner Plummer: Is'this a restaurant? Mr. Rene Valdes: Good evening. Mayor Suarez, Vice Mayor De Yurre, Commissioner Dawkins, Commissioner Alonso, and Commissioner Plummer. My name 1s Rene Valdes. I am the president of Florida Beverage License, Inc. I am what you call a broker license, where I buy and sell alcoholic beverage license for the last 25 years. I am the person who prepared all the documents and did all the work for this particular case. I'd like to -relate to you people what transpired during all this process. Back in April, around April 1, 1992, I was called by the owner of the present business, and to acquire a license and process all the documents to approve the place. I proceeded to go to the City of Miami to see Mr. Joe Genuardi, who is the Deputy Administrator of the Zoning Department. I brought to the attention of Mr. Genuardi the fact that I want to open another liquor store on 57th Avenue and West Flagler Street. When I mentioned to Mr. Genuardi the address, his first answer to me was: I don't see no problem. There was a liquor store there under the name of Lemon Twist for many, many, many years before that, and I don't think .there is no problem; however, the first thing that you should do, get a liquor survey. Mayor Suarez: The issue of the survey has to do with whether their business will be within a certain number of feet or not of the church, right? Mr. Valdes: That's correct. 183 May 27, 1993 C, Commissioner Alonso: Well, it was the -front door, or the side door, that's the _problem. Mayor Suarez: wait. How you count, the beginning point to the end point, is that what he's going to try to tell us with the survey, I think? Mr. Valdes: The survey show you three distances. A school, 600 feet; a church, 300; and another liquor store with similar use, 1500 square - 1500 feet. I proceeded to obtain the survey, which I got it here with me. I presented the survey to Mr. Genuardi. He signed it, he signed it and approved the survey back on June 18, 1992. Once that he proceeded with the survey, I went through and make my application to the City of Miami for the CU. I pay my $250 for the application to the City of Miami, and which is right here, the application, where, after you make the application, you pay $250, you have to go through the process of all the inspections done by the building inspector, electrical inspection, mechanical, plumbing, zoning, Fire Department, and Health Department. Each and every department approved the location under the survey. Once the green card was approved by all the inspectors, which I got the copy right here, which is dated and approved by each and every one, I took the green card back to Mr. Genuardi, and he approved me the certificate of use, which I then proceed to take them out from the City of Miami. After I had the certificate of use and the application to the Beverage Department with the signature of Mr. Genuardi, the Department of Health, Department of Revenue, I proceed to obtain my alcoholic beverage license. And when I bought and paid $30,000 for my liquor license. We proceed to get all the license from the City, the County, the State of Florida and the federal government. We have every single license that's supposed to be issued to a liquor store and cocktail lounge service in there in the premises. We opened the business. I submit the application to the Alcoholic Beverages Department, and they right away issued me the license, and approved the location. We start working, and we were working about maybe four months with no problemswhatsoever, no interruptions from anybody. All of a sudden, Mr. Genuardi sent a letter to my client, informing him that the CU that he issued was revoked. When my client called me and gave me the letter, I pick. up the letter and went to see Mr. Genuardi. I asked, Joe, what seems to be the problem here? Well, he says, I made a mistake. Not me; I mean him. I said, You made a mistake? He said, "Yes, the survey that you submitted is through the front." I said, that's correct, that's exactly what you told me to do when I made the application to you, and you Save me a copy of the Code, the City Code, where it states specifically that the measure is from the door of the business to the closest point of the lot occupied by the church. This is the other survey Iwhere it shows you where the location of the business is at, facing West Flagler Street, on the north side of West Flagler Street. If you proceed for the - by the pedestrian right-of-way, you go east on Flagler to 57th Avenue, then north on 57th Avenue to the closest point of the lot occupied by the church. That Is exactly what the City Code says on the Miami City Code, Page .364, Section 4-13. We - I asked him, I said, what seems to be the trouble? He said, "Well, I'm getting a lot of pressure from the church." I said, what does the church got to do with that, when there used to be a liquor store there and we are within feet - distance from the location? He said, "No, I want to now have a survey going through the back of the lot." I said, wait a minute. According to the City Code, it specifically says that the measurement .shall be taken from the main front entrance of the place of business to the nearest 184 May 27, 1993 point of a parcel of land occupied by the church, or a parcel. of land set aside for and used or proposed to .be used for public school purposes, and the measurement shall be made along the route of ordinary pedestrian traffic. Now, you're asking me, Mr. Genuardi, now, that make a survey and go through the back, go through the parking lot and then go to the lot used by the church. He said, "I'm sorry, that's the way it's got to be." So I said, well, it's nothing else that I can do but go to the Zoning Appeal Board and reverse your decision. We went to the Zoning Appeal Board, we lost the case, and from there, we came over to you here. Now, as I said before, ladies and gentlemen, I've been here in this business 25 years. This is the first time In my life, and I've done over 3500 licenses in Dade County. I cover from Key West all the way to West Palm Beach. This is the first time in my life that I have to go through the back of a parking lot, contrary to what the Code says. Now, he said there is a mistake made. It wasn't made by me, I followed his instructions. If there is some liability here, my client spent over $100,000.. I don't know who is going to be liable for that. Commissioner Alonso: Mr. Rodriguez, is it true that this is the first time that they are required to go through the parking lot, rather than the sidewalk and to the main entrance? Mr. Rodriguez: No, no, no. If you read exactly from the same area that the gentleman read, which is the Miami Code, the Miami Code specifically says... Commissioner Plummer: Sergio, that's not her question. Mr..Rodriguez: Yeah. No. Commissioner Plummer: Her question is, is this the first time? Mr. Rodriguez: No. This is - I have never seen them to do... Commissioner Alonso: This is very confusing, to tell you the truth. Mr. Rodriguez: I mean, this is exactly the way the language has been applied before. Commissioner Alonso: I'm reading from what he read. This is confusing. Mr. Rodriguez: But the language... Commissioner Alonso: This is confusing. Mr. Rodriguez: Yeah, but the language - I don't think it's confusing, Commissioner. Commissioner Alonso: Yes, it is. Mr. Rodriguez: I think, the language is very clear, and the problem that we have is that the information that was given by the surveyor was incorrect, and we relied on that. Commissioner Alonso: We agree on that, but this is confusing, Sergio. 185 May 27, 1993 Mr. Rodriguez: I try - I don't think... Commissioner Alonso: The main front entrance of said place of business to the nearest point on the parcel of land occupied by a church. Mr. Rodriguez: Right. Commissioner Alonso: But are you supposed to go through the parking lot of the neighbors or to the back? Commissioner Plummer: Depends on if there's a sidewalk there. Mr. Rodriguez: Pedestrian... If you want... Commissioner Alonso: Because if you go through the sidewalk, it's far. If you go by that section, it's almost there. Mr. Rodriguez: No, because it says... Commissioner Alonso: It's in the back... Mr. Rodriguez: Commissioner, it says... Commissioner Alonso: ... of the church. Mr. Rodriguez: Commissioner, 1t says, "and the said measurement..." Commissioner Alonso: And this isn't clear. Mr. Rodriguez: "The said measurement shall be made along the route of ordinary pedestrian traffic." And the language, I think, 1s clear. I think they had a mistake given - made by the surveyor that gave the information wrong. That information was given us and relying upon the erroneous information from the surveyor, we gave a permit. When we were made aware that it was a mistake 1n the information given to us by the surveyor, we had to act accordingly, and we revoked the permit, because the information that they gave us on which we relied to make the decision was wrong. Commissioner Alonso: How long did it take you .to realize the mistake? Mr. Rodriguez: I don't know. Juana Mr. Valdes: May I - excuse me. Mayor Suarez: Wait, wait, wait. No, no ,no, please. The Commissioner asked a question of the staff. Mr. Juan Gonzalez: The first letter sent, the revocation of certificate of use, was November 25, 1992. Commissioner Alonso: So how long has it took? Mr. Gonzalez: It took from July, when the certificate of use was issued - August, September; October - about three and a half months. 186 May 27, 1993 Commissioner Alonso: After they opened? Mr. Gonzalez: No, what they're telling me now, the NET (Neighborhood Enhancement Teams) Administrator, the liquor store did not open till December of 192, after the fact, when the revocation permit had been sent out. Commissioner Alonso: Oh. Mr. Valdes: I'm sorry, you're wrong. Mr. Gonzalez: OK, we have testimony... Commissioner Alonso: Oh. Mr. Gonzalez: ... from the NET Administrator as to that fact. Mayor Suarez: All right. Would you want to counter that? I don't know that it's particularly relevant to our deliberations but... Commissioner Alonso: I also need a clarification. How come Lemon Tree was there? Mr. Gonzalez: Commissioner, what happened was - one of the statements made - Lemon Tree. Yes, there was a Lemon - it used to be called Lemon Twist, I believe, on 57th... Commissioner Alonso: Lemon Twist, you're right. Mr. Gonzalez: Lemon Twist, on 57th and Flagler. It's an old, nonconforming bar that had been there many years. It was probably... Commissioner Alonso: How old? It wasn't... Mr. Gonzalez: I'm sorry. Commissioner Alonso: It was grandfathered? Mr. Gonzalez: It was grandfathered in, right. It was probably built before a lot of these regulations now... Commissioner Plummer: But it was on the corner where the fruit stand is now. Mr. Gonzalez: Correct. Commissioner Alonso: Exactly. That was torn down. It was an old ugly thing that was standing there. Mr. Gonzalez: That is correct. It suffered a gas explosion and it ultimately was actually torn down, losing its nonconformity. Even though this is not the subject property we're discussing today, there was a nonconforming bar on that corner. However... Commissioner Alonso: Very close to the... 187 May 27, 1993 Mr. Gonzalez: Very close to the church. Comissioner Alonso: Adjacent. Mr. Gonzalez: Because when it was built, probably, back then, remember, a lot of these ordinances came in after, so many years after the 170s when we started putting distance requirements between churches and liquor bars and so forth. So the Lemon Twist was actually a nonconforming use, where this would not be. Mayor Suarez: OK. Mr. Valdes: We opened the place on July 9, 1992. We didn't open in December. I'm sorry. I got here my documents to prove that I was approved and issued the license, temporary license by the Division of Alcoholic Beverage and Tobacco... Commissioner Plummer: Can we grant a variance? Mr. Valdes: ... on July the 9th. So that was way before, three or four months before we received notification that there was some problem by the City. Commissioner Plummer: Well, what are we doing here? Who withdrew the permission? Mr. Ed Blanco: That's incorrect. That's incorrect, Mayor. My name is Ed Blanco, Administrator. The certificate may say the date of July, but the actual functioning, opening of the store, did not happen until December, right before Christmas. And I know, because I drove by there every day. It was under construction. Commissioner Plummer: That's in effect, it's a variance and a distance requirement. Commissioner Alonso: Do we have documents to prove that? Mr. Blanco: Well, there's no documents to prove when the actual store opens. Commissioner Alonso: When did we issue the permit? When did we issue the... Mr. Blanco: Issuing the permit is one thing, but actually opening the store and functioning is another, and it actually opened for business in December. Commissioner Alonso: No, what I'm asking is the question, when did they open? Not, it's not when they really opened and had a party or celebration. I want to know legally, from the point of view of the City of Miami, when did we issue the documents that make -us believe that, in fact, they were a legal business, and they had a right to open and function as a liquor store. Mr. Gonzalez: The actual document signed, allowing them to open, was signed July 9, 1992. 188 May 27, 1993 Commissioner Alonso: So that's the date that we have to consider that they were legally open, as doing business as a liquor store. Mr. Gonzalez: Right. Well, that's the - that's the date the documents said we signed authorizing them to open up the liquor store. The actual date of opening, as testified by the NET Administrator is a different date. Commissioner Alonso: So even though they were not open, the papers were approved... Mr. Gonzalez: July 192. Commissioner Alonso: ... approved in July and... Mr. Gonzalez: Of 192. Commissioner Alonso: And in fact, they did open after the fact. Mr. Gonzalez: Well, I don't know what date they opened. Commissioner Alonso: Isn't that strange that they opened so many months after? Why? Do we know? Mr. Gonzalez: I do not know, Commissioner. Commissioner Plummer: They d4dn't have no money for booze. Mr. Blanco: It's very simple, Commissioner. It wasn't finished. It wasn't finished until December, that's why he couldn't open. They were still working on the place. Commissioner Alonso: Didn't we have to give them a certificate of use or a certificate... . Mr. Blanco: Let me mention one other fact that was not mentioned here. In back of the liquor store... Commissioner Alonso: We gave it ahead of time, before completing the work? Mr. Blanco: I'm not sure. Commissioner Alonso: Juan, would you address that? Mr. Gonzalez: I'm sorry, Commissioner? Commissioner Alonso: Did we issue the permits, the certificate of occupancy before they had completed the work? Unidentified Speaker: Yes, he did. Commissioner Alonso: We did. (INAUDIBLE BACKGROUND STATEMENTS NOT ENTERED INTO THE PUBLIC RECORD.) 189 May 27, 1993 0 - 0 Mayor Suarez: All right. We're not getting that on the record. Mr. Gonzalez: Commissioner, to - no, to... Mayor Suarez: Dr. T, maybe you can coach your parties there to... Mr. Gonzalez: I'm sorry, Commissioner... Mayor Suarez: If she's going to speak, she's going to have to get up and speak in the mike. Mr. Gonzalez: OK, I'm sorry. No, I would have to defend our department in saying that when we issued the certificate of use in July, all the inspections were correct at that moment. Commissioner Alonso: So it was, according to the records of your department, the work was completed and they were legally allowed to open as a regular business, as a liquor store, July the 9th? Mr. Gonzalez: That is correct,. July 9th, the certificate of use was signed off by all sections. Taking that into consideration, we had to consider that the work was completed by that time. Commissioner Alonso: So to us, the City of Miami, they opened for business in July. Mr. Gonzalez: The records show July 9th. The actual date of opening... Commissioner Alonso: OK. That's the.only thing that we can go by. Mr. Gonzalez: Right. Well, since we were not a part of it, except for the NET Administration and his staff - they witnessed the actual opening - our paperwork shows July 9th as the actual date that the City authorized them to open that establishment. Commissioner Alonso: OK. Thank you. Commissioner Plummer: Well... Commissioner Dawkins: What is the correct method for measuring for distance? Now, you read me what the taw says, he showed me a map. What is the correct method for measuring? Mr.. Gonzalez: OK. Commissioner, I'll tell you the honest truth, and this comes from the people that — myself, we handle this day-to-day operation. Not taking the law into consideration, the simple way is, we depend on the surveyor, a State -certified surveyor, to bring us the accurate measure. We do not have the personnel that are surveyors that could take this measurement. We depend on a State -certified survey that is brought in, and a good faith effort, certified by their seal, stating that they .have met the distance requirements as required by City Code. We take that survey, once it's sealed, at face value, because the State statutes provide that a certified surveyor has 'a right to measure all lands and private ownership and public ownership. So basically it is that we're taking the trust, the faith and the 190 May 27, 1993 professionalism of that sealed surveyor that this distance has been met, and that's what happened here. Commissioner Dawkins: Is the surveyor directed to follow the - like you said - the general pedestrian route... Mr. Gonzalez: Yes. Mr. Rodriguez: Yes. Commissioner Dawkins: ... or is the surveyor told that the surveyor can mark - can measure across private land and trespass in order to measure, like going through back alleys and through people's yards? Mr. Gonzalez: No, sir, and in fact... Commissioner Dawkins: OK, thank you. Mr. Valdes: Commissioner Dawkins, I can clarify to you... Commissioner Dawkins: No, no, I asked him, sir. Thank you. Mr. Valdes: OK. Let me... Commissioner Plummer: But why are we trying to make the City not at fault when there is no question, I don't think, in anybody's name [sic], that the guilty party here is the surveyor? This man's course of action is against the surveyor who screwed up. Why are we having to defend our City when it was not our fault? I don't understand what - what are we about? Commissioner Alonso: I know, it's not our fault, it's the surveyor's fault. Mr. Valdes: Commissioner Plummer, let me clarify this to you. There is no - I don't agree with the statement made by Mr. Gonzalez. Number one, when I submit the survey to Mr. Genuardi and he approved it on June 1992, he give it then to the inspector, the field inspector, zoning inspector, which then, the field inspector goes to the premises and check all the distance, according to the survey. The field inspector at that time was Giselda. I don't remember her last name. And she approved - in fact, she went twice. The first time, she didn't have the survey. Then she went and picked up the survey, and went back to the premise and checked everything, and she approved it the second time. First, she went June 17, 192; then she went back on June 19, 192, three days after, with the survey. Commissioner Plummer: But sir, we're being told that the survey was wrong. Mr. Valdes: She visually approved the place end inspected it. Commissioner Plummer: Sir, we're being told the survey was wrong. Mr. Jugo: Commissioner Plummer, if I can clarify this and explain, because I don't think you were here at the initial hearing. What happened was, the church owns six lots, six separate lots. It's located on one lot along one of the streets that's zoned C-1. 191 May 27, 1993 Commissioner Plummer: Right. Mr. Jugo: Behind it, it owns three more lots, zoned R-1. Commissioner Plummer: OK. Mr. Jugo: As a matter of fact, I think the pastor's home is in the middle lot. Originally, the survey was done from the front door of the liquor store... Commissioner Plummer: East, over to the front of the church. Mr. Jugo: Up to... Commissioner Plummer: The front of the church property, Mr. Jugo: ... the parcel of land that the church was located on. Commissioner Plummer: Right. Mr. Jugo: Then after complaints from the church, the surveyor was then instructed by the City to measure from the front of the liquor store to the closest tot owned by the church, which happened to be the parking lot, and it came up short. The real problem here is, the question is, what is a lot, what is a parcel of land .and how is .it defined, and 1t becomes almost a legal argument. It's not a mistake. Commissioner Plummer: From what I've heard from your side and from their side, it's the closest lot. It doesn't say building, or parking lot, or church tot, or pastor's house. It's says the nearest lot owned by the church. Mr. Jugo: No, no, not owned by the church, but which is occupied by the church, and that was the language within the ordinance. Not owned by, but occupied by. Commissioner Plummer: Well, it's - the land... Commissioner Alonso: Do they have different lots? Mr. Jugo: They have different lot numbers... Mr. Valdes: Six different lots. Mr. Jugo: I have definitions from the City of Miami Zoning... Commissioner Plummer: Are not all six of those lots, sir, contiguous to each other? Mr. Jugo: They are. Commissioner Plummer: All right. Mr. Jugo: But they're zoned differently. 192 May 27, 1993 Commissioner Plummer: Is not the owner of all six lots the church? Mr. Jugo: Yes. Commissioner Plummer: Is not the church on those lots that is owned by them? Mr. Jugo: The church is on one of the lots. Commissioner Plummer: But they own the whole lot, sir. Mr. Jugo: That's like saying if the church owned the whole block or was a mile long... Commissioner Alonso: If they are separate blocks... Mr. Jugo: ... and it was located a mile away, would it be within 300 feet? Commissioner Plummer: That's correct, it would be. Mr. Jugo: Under the language of the ordinance, no. And there's a definition that's in the Building and Zoning Code that defines "parcel," and defines "lots," and talks about the separate lots, and we have six separate lots. Mayor Suarez: All right. We... Commissioner Plummer: Well, sir, I can argue all day, you know. Mayor Suarez: Yeah. Commissioner Plummer: Because we have a tremendous discrepancy in our Zoning Code. You can't build within 300 feet of a church, but tomorrow morning, a church can build next door to you, and that's legal, and that's wrong. Mayor Suarez: Commissioner, and all of us, the public hearing was technically closed. We have now taken his testimony. Please, counselor, I know he's very eager to argue his case. Mr. Jugo: I'm sorry. Mayor Suarez: But at this point, what we're going to do is, if the Commissioners have any questions of either side... Commissioner Alonso: Yes. Mayor Suarez: I... Commissioner Alonso: No, for the staff. Mayor Suarez: This has been a bit unfair to your side, in sense that you haven't had a chance to say anything, and if you want - we've heard it all, but Commissioner Plummer wasn't here for some of the testimony. Perhaps, if you want to counter anything that has been said. 193 May 27, 1993 0 . 0 Dr. George Tershakovek: Yes, sir. My name is Dr. George Tershakovek, 6463 Southwest 131st Street. Commissioner Dawkins, the measurement that allows this premise to be less than 300 feet from the church is not through alleyways or people's private property; it's through the church property. The church can be entered from 57th Court or 57th Avenue. The subject property abuts its property line to our property line. If you dismiss the one lot that Mr. Jugo is contesting as a parking lot, you now have a rectory, you have a church hall and a church. If you measure to the door of the sacristy, you will fall short of the 300 feet. If you measure to the rectory, where there are occasional prayers and services held, you fall short of the 300 feet. If you measure to the church hall where services are occasionally held, blessings, prayers, et cetera, you fall short of the 300 feet. SoIif we allow Mr. Jugo the latitude of discounting the parking lot as being a parcel of land and not being used by the church for church purposes, other than parking vehicles while people attend, services, then you're still outside, you're still less than 300 feet. So we own all six lots. It's a package store, it's a bar, and a restaurant. Commissioner Plummer: But a package store where they can sell bottled goods to take out? Dr. Tershakovek: Yes, sir. Mr. Valdes: Mr. Mayor, may I... Mayor Suarez: No, no, no, please, please. Dr. Tershakovek: So that clarifies as to Mr. Dawkins' concern about whether it gives the City the right to{go through alleyways or private property. It's going through our property. And even if you take Mr. Jugo's argument about what the usage of the land is, I've clarified the usage of land. We have six contiguous lots. The one lot that's a parking lot sits here, the church hall sits here, rectory here, the church here, a schoolhouse here, and the subject property is right here abutting this parking lot, the 300 feet, 'walking along the way a pedestrian would walk! along the sidewalk; from the front door of his establishment around the closest corner, which is 57th Court, not 57th Avenue. He would come in through the parking lot, and he would encounter the rectory or the sacristy before he encountered the front of the church. Mayor Suarez: All right. Now... Mr. Valdes: Mr. Mayor, OK, may I... Mayor Suarez: Where is your attorney? He's not helping you much. Mr. Valdes: I have to show you some interesting thing here that maybe you don't know about. On this rectory, whatever they call it, or the hall next to the church, they rent the hall for weddings, birthdays, and they serve alcoholic beverage in there. Now... Mayor Suarez: All right, this is... Commissioner Plummer: No, no, no, no, no. They can't sell. Mr. Valdes: Just a minute, sir. 194 May 27, 1993 Mayor Suarez: No, no ,no. Commissioner Plumer: Whoa, whoa, whoa. OK, for the record, it is illegal for them to sell, and you know that. Mr. Valdes: OK, just a minute. Let me explain. May I explain to you? Commissioner Plummer: Now, if they're selling, they are violating the law. Mr. Valdes: May I explain to you, sir? Commissioner Plummer: Sure. Mr. Valdes: I had a meeting with the pastor there in his office when all this place started. I went and I told him back in December that my daughter was getting married, I wanted to rent the hall. Right here is a big sign in front of the place where it says for 200 people, the place is rented with everything. I asked him what the deal was. He told me, this gentleman there, for $500 he would rent me the hall, and he had a man who would serve the alcoholic beverage and the buffet for a specific amount of time. I said, OK, I will get back to you. Commissioner Plummer: But he's not... Mr. Valdes: I know it's illegal, but he's doing it. Commissioner Plummer: But he's not selling the booze. Mr. Valdes: Yes. He sells the service there with liquor, sir. He sells the service there with -liquor, be it with ticket, or whatever you have. As long as you collect money... Mayor Suarez: All right. That is a new point, and I don't know what we can make of it. Commissioner Dawkins: That has no... Mayor Suarez: Is there anything to that argument? What are we supposed to make of that argument? Are they restricted as a church from doing the same kinds of sales that this establishment 1s trying to carry out? Commissioner Plummer: They cannot do that, Mr. Mayor. They can't sell liquor. Mr. Rodriguez: I think the issue before you 1s whether they are at a distance, according to the Code or not. That's all. Commissioner Dawkins: That's all that's before us. Mayor Suarez: All right. Mr. Rodriguez: If the church is in violation, we should go after the church, because they're in violation. 195 May 27, 1993 Mayor Suarez: OK. If they did what he is describing, would they be in violation? Cwnissioner Pltnmer: Yes, absolutely. If you did that, you would be in violation. Dr. Tershakovek: Commissioner Plummer, as a member of the Executive Pastoral Council of the Church, I can assure you that we're well aware of that law, and we do not sell liquor there. Mayor Suarez: All right. But that's just a - I'm just asking the question in a hypothetical. All right. So you may have some arguments that they're violating some parts of the Code. Commissioner Alonso: This is a very difficult situation. Mayor Suarez: If they are violating some parts of the Code, you have to bring it to our attention and file a complaint. Commissioner Alonso: I tell you, this is a very difficult case. Very difficult. Mr. Valdes: Let me... Mayor Suarez: No, no, no, no, no. The public hearing has been closed. Actually, this is about the third time we meet on this, and we've had more discussion. Five -more discussion than... Commissioner Plummer: All right. Let's go. Make a motion. Commissioner Alonso: I need to know... Mayor Suarez: Commissioner Alonso. Commissioner Alonso: ... I-f it's up to the Legal Department and Mr. Rodriguez to tell me what they have made reference to about the vacant lot, if it's occupied or not by the church. Is, in fact, that a point that we have to take Into account? Does it make a difference or not? Ms. Miriam Maer (Assistant City Attorney): If 1t would help you, I looked up the definition in the State Statute for "parcel of land," and it indicates that - it's in Chapter 163. And it indicates that it's any quantity of land capable of being described with such definiteness that its locations and boundaries can be established, which is designated by its owner - that would be the church - as land to be used or developed as a unit, or which has been used or developed as a unit. So the parcel of land means the whole collection of these six lots; not that these six lots are separate. Look at it all as a parcel. Then you look at your own statute, which is Section 4-13 of the City Code, and it tells you how to measure it. You measure it from the main front entrance of the place of business to the nearest point on a parcel of land occupied by a church. So looking at it as a unit, it's wherever the nearest point of that collection of lots is to the place of business. 196 May 27, 1993 Commissioner Alonso: And how do we define "occupied"? Commissioner Plummer: Thank you. Commissioner Alonso: Be it where the structure is... Ms. Maer: Well, that... Commissioner Alonso: ... or could they use it in any way they want? Ms. Maer: "Occupied by a church," would be the church and all of its functions and uses that serve the church. Commissioner Plummer: Wait a minute. Commissioner Alonso: Serve and sell. Then his argument is right. We need a clarification on the record of this point that he made on the record. Ms. Maer: I don't have a definition right here of "occupied." I will look for one, but I think the definition of "occupied" in the City Code is the land that's used, not just to have the structure of the church located on it, but used for all the purposes of the church, and that would include the church, the outlying buildings of the church, the area where the cars park that have the people that go to the church, the area where a wall might be around the church; not just the land under the structure of the church. Commissioner Alonso: Because that's a point of discrepancy to the point of the City Code allows you have a property you have a - let's say a structure, being a house or something else, and then you have a vacant portion of the property. if it's legally built on the portion of the lot, you can separate that unoccupied piece of land, and you legally have a buildable tot. And I'm wondering, is this a logical explanation of what they are giving me? This is the most difficult case 1 have seen, because I can see that they are right, and I go in that corner often, and I see the church right there where they are, but I also see their point. And they are stating points that may have some validity. And we really need help on this from the Administration, because this point that he has brought to me has tremendous validity, and it's a legal point. It is the portion that is occupied, meaning where the structure is, and that vacant piece of land means the surveyor was right when he did that, and if such, what are we doing? I'm very confused on this, and I realty need help... Mr. Valdes: Mr. Mayor, can I... Mayor Suarez: Wait, wait, wait, no, please. The Commissioner is discussing this. Mr. Valdes: Please, 1t is important. Mayor Suarez: Please, sir. Commissioner Alonso: Because I feel that both sides have tremendous value to what they are saying. 197 May 27, 1993 Mayor Suarez: Al right. Who, if anyone, are you directing your questions at, Commissioner? Basically, staff. Commissioner Alonso: Well, to the Administration. .Mayor Suarez: Right. Commissioner Alonso: To the Legal Department, description, what does '''occupy" mean? It means this vacant piece of land, because I see it in other cases. You have a piece of land that is not occupied, and you can say, I have a legal piece of land, and I have a right to build a different structure. Therefore, then, it means "vacant lot." ' I'd like to know in this specific type of situation, when it means for the license to operate a liquor store, does it apply? Occupied by the structure, or what? Mr. Rodriguez: Let me try. The definition of the ordinance, I tried to find out the definition of "parcel," and it refers to the definition of lots. The definition of "lot" says: "A lot or a lot of record is any platted lot or lots, tracks or parcel of land" - and then it continues - "intended as a single building, site, or unit." OK? You're asking about the word "occupied." The only thing that I can find in the ordinance is "occupancy," and that refers to use. Commissioner Plummer: I could argue this both ways. Commissioner Alonso: Huh? Commissioner Plummer: I.could argue both ways. Mr. Rodriguez: And "use" says: "The purpose or activity for which the land has been decided, arranged or intended." In my opinion, this whole area of these lots are occupied by the church. Commissioner Plummer: Yeah, but you see - let me tell you, I hate to be a typical politician, but I want to tell you something. I could argue both ways, all right? If you sit here and told me that all six lots were in unity of title, and they could not siphon off a lot and sell it, then I would say that you're absolutely right. Commissioner Alonso: Right. I would agree with Commissioner Plummer. Commissioner Plummer: OK? But the other argument also holds water, is the fact that the actual lot that the physical structure of the church is sitting on 1s where it should be measured from. Yet, you can took at it from the other standpoint and say that the rectory is just as much a part of a church as the church is to'the rectory, and that's where it should be. You know, I'm really in a dilemma. Commissioner Alonso: Me, too. Me, too. Commissioner Plummer: I could go - I could argue both ways, I really could. Mr. Valdes: Mayor Suarez, I have very important... 198 May 27, 1993 Mayor Suarez: All right, last statement, because otherwise... Mr. Valdes: I have a very important document here. One of the documents that Mr. Genuardl gave me was a... Commissioner Plumer: Is the lot... Mr. Valdes: ... printout of all the certificates of use issued by the City of Miami... Commissioner Plummer: Is the lot they're measuring from occupied or empty? Mr. Valdes: ... from Flagler Street north to Northwest 7th Street. I have got here the list of all the certificates of use. Commissioner Plummer: Is this lot here occupied? Mr. Valdes: And God that behold, the church don't have no [sic] certificate of use to operate legally. Mayor Suarez: Al right. We have a new argument. Is this going to be introduced into the record? Commissioner Plummer: Is that a unity of title? Dr. Tershakovek: Mayor Suarez... Mayor Suarez: Wait, wait, wait, wait, wait. I have no idea of what it is that I just introduced into the record. I am trying to determine if there is any relevancy to what he just said. Commissioner Plummer: Mr. Mayor... Dr. Tershakovek: I think PZ-5... Mayor Suarez: Wait, wait, wait, please, Doctor. Commissioner Plummer: By the zoning atlas, if I were go to by that... Mayor Suarez: Wait, Commissioner. Can I just find out if our staff sees any relevancy to what he just introduced; our City Attorney or anybody? What is he referring to when he says that there is no certificate of use for the church, or what... Commissioner Plummer: A certificate of use for the church? Mayor Suarez: I guess there's no such thing, or what is the answer? Mr. Gonzalez: No, no, there is such a thing. Commissioner Plummer: lihat? Commissioner Aionso: There is. 199 May 27, 1993 Mr. Gonzalez: There is such a thing as a certificate of use for a church. What Mr. Valdes is... Commissioner Plummer: Are you sacrilegious? Mr. Gonzalez: They still have... Commissioner Plummer: Are you going to burn in hell? Mr. Gonzalez: No, sir, I hope not. Commissioner Plummer: With your code enforcement, you should. Mr. Gonzalez: But what Mr. Valdes is referring to is, without a question, obviously, they have a certificate of use, as we all know, issued in July. His argument is that the church does not have a valid certificate of use. However, we did do the research. The church does not have a valid certificate of use, which they do need a valid certificate of use. All uses in the City of Miami require a certificate of use. However, our argument is, Administrative -wise or staff -wise, is that the church was built as a church on those particular parcels of', land, and even though they don't have a certificate of use, we recognize it as church property for the simple reason ,that it was build as church property. Mayor Suarez: All right. Mr. Valdes: Well, if the church doesn't have no certificate of use, it doesn't exist. Mayor Suarez: No way. No, that is not correct. Now, this time, you're going to have to have a seat. Mr. Attorney, please., We heard his argument, we've heard 'two or three new ones. I don't think this was what we tried to do before. We're wrestling with this item. Commissioner Plummer: Which makes no difference from your argument. Vice Mayor De Yurre: If I may... Mayor Suarez: Commissioner - Vice Mayor. Vice Mayor De Yurre: ... ask a couple of quick questions here. I'm looking at this sheet, which is basically all that I have to go on. Was - you're telling me that a survey was prepared and submitted to the City, delineating the properties, and the vicinity, and the actual property, the subject property; is that correct? Mr. Rodriguez: Right. Vice Mayor De Yurre: OK. Now, you relied on that survey to make your determination... Mr. Rodriguez: Yeah. The right... Vice Mayor De Yurre: ... of the... 200 May 27, 1993 Mr. Rodriguez: Distance. Vice Mayor De Yurre: ... distance, correct? Mr. Rodriguez: Right. Vice Mayor De Yurre: OK. Now, is there anything wrong with the survey, as far as the measurements that it shows? Mr. Rodriguez: What happened is that the surveyor used the wrong way of measuring it, because when he give us the survey, he also states the distance, and when he measure it, he measure it wrong, and he gave us the wrong information. Vice Mayor De Yurre: No, but let me ask you this. A survey... Mr. Rodriguez: Right. Vice Mayor De Yurre: ... which has been submitted, is there anything wrong with the survey, as far as measurements? Does it show, you know, if 50 feet as 50 feet, and 75 feet are 75 feet? Is there anything wrong, as far as the measurements that were shown on that survey? Mr. Rodriguez: We relied on the survey as being right, as being certified by the surveyor. Vice Mayor De Yurre: OK. Mr. Rodriguez: We didn't check the survey. Vice Mayor De Yurre: OK. Is there anything wrong with the survey, as far as measurements? Mr. Rodriguez: Not that we know. Vice Mayor De Yurre: Not that you know? Mr. Rodriguez: No. I mean as to the width of each lot, that's what you're asking, right? Vice Mayor De Yurre: Yes. Mr. Rodriguez: No. Vice Mayor De Yurre: OK. So'now, you're telling me that you relied... Mr. Rodriguez: Hold on a second. Let me get Juan to answer that specifically. Mr. Gonzalez: Commissioner, there's several types of surveys. What they - the April 20th, 192 survey by the surveyor, is what we call a radius survey. It's really not a detailed survey, per se, foot by foot, but a radius map of distance requirements. 201 May 27, 1993 Vice Mayor De Yurre: Which is? Do you have somebody... Mr. Gonzalez: In other words; what I'm trying to get at, when the Administrator looks at that ''survey, what the surveyor is saying, there's nothing within this distance that's stated on the survey. What it is, is a big radius survey. He couldn't tell. he couldn't scale it down to see if they were right or wrong. I think that's your basic question. Vice Mayor De Yurre: But is there anything wrong with what was presented? Mr. Gonzalez: The only thing wrong with what.was presented, he did not measure ordinary pedestrian traffic to the nearest parcel of land. He went east instead of going west. That's the only thing wrong. But scale -wise and everything, no. Vice Mayor De Yurre: Scale -wise, everything was fine? Mr. Gonzalez: Correct. Vice Mayor De Yurre: When they showed you - what, 320 feet? Mr. Gonzalez: For a radius - it was scale -wise for a radius survey, which is very difficult to tell. Vice Mayor De Yurre: OK, but it 1s 320 feet? Mr. Gonzalez: It is 320 feet, right. Vice Mayor De Yurre: What they showed you? Mr. Gonzalez: Yes, sir. Vice Mayor De Yurre: OK. Mr. Gonzalez: As stated by the surveyor, going east, it is 320 feet. Vice Mayor De Yurre: OK. Now - because this is what I'm trying to get at now. Are you - is there anything... Were you misled, in any way, fashion or form, by that survey? Mr. Gonzalez: Obviously, Commissioner, sitting for the Zoning Administrator, if this were brought to me, yes, anybody would have been misled, because he would have read the overlining criteria put on the survey, and that Administrator would have seen 320 feet, that he cleared the 300 feet. Obviously, the Zoning Administrator was misled by this - that statement. Vice Mayor De Yurre: OK. Now, we move into the second level, which.is, the surveyor, from what you're telling me, has provided - he's done his job. He provided a correct survey of the area, call it a radius survey, or call it whatever it is, the measurements are correct. Mr. Gonzalez: That is correct, the measurements are correct. 202 May 27, 1993 Vice Mayor De Yurre: OK. So we've established that. Mr. Gonzalez: Yes, sir. Vice Mayor De Yurre: So the next step has to be, now that it's in the hands of the City, the City has to interpret that survey to determine whether you can give a license or not. Mr. Gonzalez: That is correct. Vice Mayor De Yurre: So we're on the same page, so far? Mr. Gonzalez: So far. Vice Mayor De Yurre: So it falls on the City to make sure that they comply or that they don't comply. Mr. Gonzalez: That is correct. Vice Mayor De Yurre: Which would mean physically going out there... Mr. Gonzalez: That is correct. Vice Mayor De Yurre: ... to verify the survey. Mr. Gonzalez: To a point. Vice Mayor De Yurre: To a great point, OK? Mr., Gonzalez: No, what happens, Commissioner - no. What happens is, the Administrator or the person in the City staff receiving this survey... Vice Mayor De Yurre: Yeah? Mr. Gonzalez: Yes, must rely on the survey; yes, it must be certified before we issue a license that they have met all the criteria as stated in the City Code. Vice Mayor De Yurre: Uh-huh. Mr. Gonzalez: However, it is due to the lack of expertise, OK? In other words, none of our staff are actual surveyors, we cannot go and measure ourselves, that we must respond [sic] on a State of Florida certified surveyor. That surveyor misled the City. Vice Mayor De Yurre: Which is fine, and we've covered that ground already. Mr. Gonzalez: Right. Vice Mayor De Yurre: I'm with you on that. We're on the - we're together on that. Mr. Gonzalez: Right. 203 May 27, 1993 Vice Mayor De Yurre: If you know how to add - I mean, like, you cannot blame the surveyor for what's happened here, based on what we're saying, because we have a correct -.they did their job. They provided a'survey with the correct measurements, and what happens is, we had to interpret that survey to see if it qualifies or not. Mr. Gonzalez: Well, there's some misleading. There's one part that was misleading, which said within°an ordinary pedestrian 'route of traffic to the nearest portion of land. That, particular statement 1s incorrect, because the way he measured it was .not to the nearest parcel of land during ordinary pedestrian traffic. He went the long way. Even though it is correct, the long way is 320 feet, he should have gone the shortest route, as required by Code. Vice Mayor De Yurre: OK. And... Mr. Gonzalez: In that particular section, the surveyor is incorrect. Vice Mayor De Yurre: Are you telling me, then, that we, the City, do not go to the extent of verifying and seeing what is out there? Mr. Gonzalez: Yes, we do. We send an inspector out, like Mr. Valdes says. The particular zoning inspector for that district goes out. However, their function is not as a surveyor, their function is... Vice Mayor De Yurre: I'm not talking about surveyors. I'm talking about actually - the measurements are here. Here are the measurements. You have to apply the law to the measurements. Mr. Gonzalez: Right. Their function, though, is make sure that the surveyor .did not miss anything obvious. In other words, a school down the block that's not included in the survey. Vice Mayor De Yurre: OK. Mr. Gonzalez: They would not measure actual distance requirements. Vice ' Mayor De Yurre: So they went out there, and they saw that there was a church... Mr. Gonzalez: Yes, sir. Vice Mayor De Yurre: With the additional functions of a parking lot... Mr. Gonzalez: Yes, sir. Vice Mayor De Yurre: And so on and so forth. Mr. Gonzalez: Right. Vice Mayor De Yurre: They saw that. Mr. Gonzalez: Yes. 204 May 27, 1993 Vice Mayor De Yurre: And they see that that lot, that parking lot, which is what's created now this problem, exists. They have to know that if they're there, they look at the survey, they can determine from the survey how far that parking lot is from the main entrance. Mr. Gonzalez: No, that's the problem. On a radius survey, you really cannot, because they don't indicate the pedestrian route of. traffic taken. They just list on a key, saying 320 feet. Vice Mayor De Yurre: OK. Mr. Gonzalez: So the inspector does not know which route was taken. Vice Mayor De Yurre: So fine. But, you know, what you're telling me is that we do not do our job. Commissioner Alonso: What do we send the inspector for? Mr. Gonzalez: No, not at all. Mr. Rodriguez: Commissioner, to clarify, the drawing that you're referring to is not the survey. This is a drawing made by the staff to clarify the issue for you. Vice Mayor De Yurre: But I'm just using - there has to be a survey somewhere. You must... Mr. Rodriguez: The survey shows that there are 320 feet until their place. Vice Mayor De Yurre: Let me tell you something, Sergio. If you're telling me that we do not have anything to rely on, as far as the survey, and that we just approve things, then we're not doing our job. You have to have something that says distance to come to a determination. In order to come to a determination of whether you can give this group a license or not, it has to be based on something that is brought before you that shows you distance, so you can add, and you see this, and you say, oh, wow, the distance there. You go there physically. No, the distance is 190 feet. Now, you have to apply the law. 190 feet. Can I give the permit or not?' No. I can't, because it's not the 300. That's the end of that. Mr. Gonzalez: That is correct. Vice Mayor De Yurre: It's up to you to make that determination. Mr. Gonzalez: That is correct. Commissioner Alonso: That is, the surveyor provided a correct piece of work for you guys to do your job. Now, somehow, somehow, it, you know, it wasn't done properly. And now, as a consequence of that, you've given the permit, you've issued the license, they've gone and spent thousands of dollars to gain a liquor license to fix up the place, and now, we're saying, "Sorry, guys, we screwed up, but, hey, you know, you're screwed too." 205 May 27, 1993 Mr. Gonzalez: No, Commissioner. What happened was, again, we, the City staff, we rely on a lot of professional certification, like an engineer certification, an architect certification. Vice Mayor De Yurre: Yes, we covered that already. Mr. Gonza-fez: And a surveyor certification. Vice Mayor De Yurre: And we've covered that. I'm in agreement with you. Mr. Gonzalez: Right. Vice Mayor De Yurre: You have,to rely on the survey... Mr. Gonzalez: No, the... Vice Mayor De Yurre: ... unless you tell me, Juan, that there's something wrong with the survey... Mr. Gonzalez: Well, there is. Vice Mayor De Yurre: ... then, what is wrong with it? Mr. Gonzalez: OK. The reason - it's - measurements, it's not wrong. What it is, is the wording on the survey. What they did - follow me just one quick second - is a radius survey. A radius survey, they don't draw or follow the dotted, line. What they do is put a big radius and then on a key, like a map, they'll put, distance measurements, 320 feet to the nearest parcel of a church. So there's no way, you standing on the other side, if you're not the surveyor, that you know how that pedestrian measured that, unless, take his word, say that he measured a pedestrian to the nearest parcel of land. In other words, that's the - that's the fault, -in other words, or let's say that's the mistake... Commissioner Plummer: Let's get it over with. Mr. Gonzalez: ... that the surveyor did by using the long distance instead of using, going by the code, by using the shortest pedestrian route. Vice Mayor De Yurre: OK, but you know what? If there was an error where it becomes our fault, OK, when we went out there physically and saw that that was not the closest point, that there was a parking lot on the other side that was closer. We have to resume that responsibility. If not, what's the use of having inspectors? Mr. Gonzalez: Remember again,, the inspector did not see which line was followed. All they see is the final product. See, what they do is they see the bottom line. They don't show you which pedestrian route the actual surveyor measured. When the inspector went out there, she sees 320. Vice Mayor De Yurre: Are you telling me that ,on the survey, you don't see which way they went? Mr. Gonzalez: No. 206 May 27, 1993 Vice Mayor De Yurre: You don't see which way the 320 goes? Mr. Gonzalez: No, sir, not on a radius survey. Commissioner Alonso: Juan, but one is so close to the property, and the other one is really going around the block, to find the main entrance of the church. The other one is almost in the back. You just stand at that property, and you just go crest and turn. Then you find the church right there. If you go east and around, it takes longer. If I sent an inspector to check a property, that's very obvious to me, and I'm not an expert in this matter. Mr. Gonzalez: Right. Remember, Commissioner, that the lot next door is a vacant lot. When the inspector goes out there, that person is determining distance by eye, which is very difficult. Commissioner Alonso: In this particular case, the eye was very obvious. One Is very close and the other one is not. Vice Mayor De Yurre: Right. You're talking about 90 feet worth of error. Mr. Gonzalez: Well, 90 feet seems like a lot, but, Commissioner, if you really analyze it, a 50-foot lot is nothing. That's 90 feet. It's very difficult for the inspector on site to actually determine those 90 feet that are missing from that particular zoning distance. Commissioner Alonso: Ninety feet is a lot. Vice Mayor De Yurre: The bottom line is, what the hell go out there for? What are you going to go out there for, if you're not going to rely on something and make a determination? Mr. Gonzalez: To miss the obvious. We've had cases where they actually missed complete schools, or the surveyor did not put obvious things on the survey. Vice Mayor De Yurre: Ail right. Guys, the bottom line is, the way I see it, we didn't do our job. And what happens now is, you're asking us to clean up your act, and I cannot morally sit here and say, "Hey, guys, you lost $50,000, sorry." You know, $50,000 ruins a person. That could be the savings for an individual, lifetime savings. And, you know, we gave the permit, we issued the permit, and they relied on that. Now, if people out here cannot rely on government to the point that when you receive a permit, when you receive a license, when you receive a document that you can rely on it, if we cannot rely on that, then we're in a sorry state, we really are. Think about it. You know, I just - it's mind boggling. And with this happening, in the six years I've been here - and you guys have been here longer, I'm sure it's happened before - it's happened two or three times that we've given, issued permits, and licenses, and everything, and all of a sudden, we're asked to do something that is really difficult to ask us to do, which is to just pull things back. And people rely, people rely on our departments, which we consider and people do a good job professionally, you have to rely. That's the system, and it's up to us to make sure that we do the, right job, so that when they get the license, we're not facing this kind of situation. I cannot, 207 May 27, 1993 I cannot vote to pull the license from these individuals. I cannot, because I think it's totally wrong for us to do that... Mr. Gonzalez: Right. Commissioner... Vice Mayor De Yurre: ... at this point in time. Commissioner Alonso: And the irony of this, is that they will continue to sell liquor, because in the restaurant, they will be allowed to sell wine and beer, right? Mr. Gonzalez: Well, no. Actually... Commissioner Alonso: At that location? Mr. Gonzalez: Actually, yes. The 4-COP (Consumption on Premises) allows you to serve liquor on the premises. They're either allowed a liquor package store, or consumption on the premises. Commissioner Alonso: But they have a restaurant. Mr. Gonzalez: No, they have a 4-COP license, which allows liquor consumption there, as a bar. Commissioner Alonso: So the entire business is closed? I see something open there, isn't it? Mr. Gonzalez: No, no, it's open now. Commissioner Alonso: What? Mr. Gonzalez: It's open now. Commissioner Alonso: Open, the... Mr. Gonzalez: The business is open. Mr. Valdes: Yeah. Commissioner Alonso: ... the liquor store? Mr. Gonzalez: The liquor store, yes. Commissioner Alonso: And they have something else besides the liquor store? Mr. Gonzalez: They have a cafeteria and a bar. Commissioner Alonso: A cafeteria. Mr. Gonzalez: And a bar. Commissioner Alonso: And in the cafeteria, they sell wine and... Mr. Gonzalez: No, and liquor. In other words, the 4-C... 208 May 27,.1993 Commissioner Alonso: Everything. Mr. Gonzalez: Everything, yeah. The 4-COP allows you full consumption of liquor. It allows you liquor package... Commissioner Alonso: If we pull this, everything will go? Mr. Valdes: That's right. Mr. Gonzalez: Everything that has to do with liquor will go, yes. Commissioner Alonso: And they will be able to sell... Mr. Gonzalez: Only beer and wine. Commissioner Alonso: ... beer and wine. Mr. Gonzalez: To the food, to the cafeteria, right, incidental. Commissioner Alonso: So they will continue to serve beer and wine... Mr. Gonzalez: Right. Commissioner Alonso: ... at the same location. Mr. Gonzalez: Right. Vice Mayor De Yurre: They will just lose whatever was the cost of that liquor license that they can't use. Mr. Gonzalez: That is correct. They lose the cost of the liquor license. Commissioner Alonso: So the bottom line is, we will continue to see alcohol adjacent to the church? Mr. Gonzalez: We will see beer and wine incidental to the cafeteria, to the food. Commissioner Alonso: It's alcohol. Mr. Gonzalez: It is - just beer and wine; none of the strong liquors. Vice Mayor De Yurre: less than 22 percent. Commissioner Alonso: That even makes it worse, you know. Vice Mayor De Yurre: OK, I'm ready to make a motion. Mayor Suarez: All right. Vice Mayor De Yurre: I move that we grant the requested appeal on this matter. 209 May 27, 1993 Mayor Suarez: So moved. Do we have a second on the motion? Do we have a second on the motion? Commissioner Alonso: This is so difficult. Mayor Suarez: So difficult, yes. Commissioner Alonso: I don't know what to do. Mayor Suarez: Do we have a second on the motion? Going three times. Commissioner Dawkins: Second. Mayor Suarez: Seconded. Commissioner Alonso: I don't know what to do. Mayor Suarez: Any discussion by the Commission? If not, please call the roll. THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY COMMISSIONER DAW0 NS, THE MOTION TO GRANT THE APPEAL FAILED BY THE FOLLOWING VOTE: AYES: Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre NOES: Commissioner J.L. Plummer, Jr. Commissioner Miriam Alonso Mayor,Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Plummer: I'm going to stick with a higher authority. It vote no. Commissioner Alonso: I really don't know what to do. I really don't know what to do. Commissioner Plummer: I would have liked to have voted yes, but I've got to go by - based on what the City Attorney told me; that that is the measurement of the lot closest - I don't see where we have any choice, personalty. I guarantee you, if they go to court, they're going to win. But that's... Commissioner Alonso: These people? Commissioner P1.ummer: No, if the church goes, because the City Attorney made her ruling on the distance requirement. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.) Commissioner Plummer: No, no, no, ma'am, please, please. 210 May 27, 1993 Commissioner Alonso: It's like tossing a coin. Either way. This is almost an immoral vote. Whatever I do, I'don't feel right. Commissioner Plummer: Yeah, but tossing the coin is, heads, you win; tails, I lose. Both ways, you're wrong. Commissioner Alonso: This is really a problem. Move the... call the next member of this Commission while I continue to think. Commissioner Dawkins: I'm going to vote with the motion, although I feel J. L. Plummer, that 1n court, you'regoing to lose. But by the same token, the City of Miami put us in this position, and there's no way out of it, so I'm going to vote for the motion. Commissioner Alonso: This is very horrible. Commissioner Plummer: You've got to vote. Commissioner Alonso: Yes, I know. Commissioner Plummer: Or file a form. Commissioner Alonso: Yeah. I 011 have to follow the recommendation of the City of Miami and vote no, even though I think that it's an immoral vote, because I feel they are right to continue to have the business, but I will follow the recommendation of the Administration. COMMENTS MADE AFTER ROLL CALL: Mayor Suarez: Do we need to pass any other motions? Commissioner Plummer: Was that a four to one or three? Ms. Matty Hirai (City Clerk): Three. Commissioner Dawkins: Three to two? Ms. Hirai: Three to two. Commissioner Dawkins: Can I hear from Mr. Hardemon now, Mr. Mayor? Mayor Suarez: Yes. Does that dispose of the item, or do we need to... Commissioner Alonso: It certainty did, for the time being. Commissioner Dawkins: That disposed of the item. Ms. Maer: I think you should pass an affirmative motion. Mayor Suarez: OK. No, that doesn't dispose of the item, folks, because the motion didn't pass. Do we need an affirmative? 211 May 27, 1993 Ms. Maer: Yes, that's what I'm saying. You need a motion going the other way. Mayor Suarez: And that's why I'm asking. I'm trying to explain to my colleagues up here... Ms. Maer: I'm sorry. I wasn't sure you heard me. I'm sorry. Mayor Suarez: ... who are arguing with me, Madam City Attorney. Help me. Don't fight with me. Commissioner Plummer: Uh-oh, we're getting into the fuzzy hour. Mayor Suarez: Please. I need a motion that says what, then? Commissioner Plummer: Whatever you need, Mr. Mayor, I make such a motion. Mayor Suarez: Very good. I wish that the City Attorney would be ready with the appropriate motion. Commissioner Dawkins: Second, second the motion, so we can go to the next item. Commissioner Plummer: I wish to God I knew what I did. Commissioner Alonso: What do we need now? What do we need? Commissioner Plummer: You need a second. Commissioner Alonso: For what? Mayor Suarez: Can we characterize it, for the record? Ms. Maer: You want your motion, then, to deny the appeal, and affirm the decision of the Zoning Board, which affirms the decision of the Zoning Administrator. Mayor Suarez: Thank you. So moved by Commissioner Plummer. So seconded by Commissioner Dawkins. Call the roll. Commissioner Plummer: Very definitely. 212 May 27, 1993 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 93-355 A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO DENY THE APPEAL FROM THE ZONING ADMINISTRATOR'S DECISION RENDERED IN HIS DECISION OF NOVEMBER 25, 1992 IN WHICH HE ADDRESSED THE REVOCATION OF CERTIFICATE OF USE FOR LIQUOR STORE NO. 92-0831 AND 4COP LIQUOR LICENSE AT 5741 WEST FLAGLER 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 Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. Mayor Suarez: Item PZ-9. Commissioner Dawkins: Oh, no, I... Mayor Suarez: Oh, I'm sorry. You wanted to hear item.13. Commissioner Dawkins: Billy Hardemon, mm-hmm. Mayor Suarez: Very quickly. Commissioner Dawkins: Mr. Hardemon... Commissioner Alonso: Mr. Mayor, before you continue... Mayor Suarez: Commissioner's prerogative. Commissioner Alonso: ... I really think that we have to set policy in the City of Miami, that in cases like this, they will have to inspect, and if they go to a site, to be certain that they check what they see, because I don't think that we should be faced with decisions such as this. We have two sites, and both of them have a fair presentation in front of us, and we wanted to say both of them are right, and it was not up to us to resolve the mistakes of the Administration. I think it should have been checked when the inspector went to the site. The church is very obvious. It's a huge building, right there. So I don't see how if you go west, you see it, and if you go east, you don't. It should have been checked at that point. And I don't ever want to see a situation like this in front of us. 213 May 27, 1993 Mr. Rodriguez: What I will order the staff to clarify in the future is that we are not going to accept the type of survey that we have been accepting until now, and they're going to have to give us exactly the measurement from one place to another; not the radial survey that we have. So from now on,.the information that we receive is going to have to be very clearly stated by the surveyor. Mayor Suarez: All right. Commissioner Dawkins: But they can still serve wine and beer in the place with food. Commissioner Plummer: Yes. Commissioner Alonso: What? Mayor Suarez: They can still serve wine and beer with food. Commissioner Dawkins: Mr. Hardemon... Commissioner Alonso: They still will continue to serve. 28. DISCUSSION CONCERNING MR. BILLY HARDEMON'S MARKET AT 5500 N.W. 17TH AVENUE -- INSTRUCT ADMINISTRATION TO GO TO THE COURT HOUSE STEPS JUNE 17, 1993 TO BUY PROPERTY AT 5500 N.W. 17TH AVENUE, CURRENTLY IN FORECLOSURE -- INSTRUCT ADMINISTRATION TO STRUCTURE A PLAN FOR OPERATION OF THE BUSINESS, ETC. Mayor Suarez: Commissioner Dawkins has requested to hear item 13. What might you be doing here? Ms. Debbie Ambie: H1. Good evening, Mayor, Vice Mayor, members of the City Commission. Mayor Suarez: No, please, ma'am, please, please. You can have discussions, you can be happy or sad outside, please. Unidentified Speaker: "Las botellas llegan a mi casa." Mayor Suarez: Please. Commissioner Alonso: Que dice? What did she say? Mayor Suarez: I'm not sure what she's trying to say. Commissioner Dawkins: Something about her house. Commissioner Plummer: Can you appear here? Commissioner Alonso: They walked? 214 May 27, 1993 Commissioner Plummer: Can you legally appear here? Mayor Suarez: Yeah, I guess she can, right? Is there any prohibition from.... Commissioner Plummer: What about a two-year prohibition? She was a former City employee. Ms. Ambie: I'm not being paid by Mr. Hardemon. I reside in the area of his grocery store, and as a concerned citizen, I would like to speak on behalf of... Mayor Suarez: Can she appear on a noncompensatory basis as a former City of Miami employee? Commissioner Plummer: I don't think so. Debbie, I don't think you can. I'm trying to protect you. Ms. Ambie: No, no, no. No problem, sir. Commissioner Plummer: OK. I think the two-year thing applies to you also, whether you're paid or unpaid. Ms. Ambie: Well, as a concerned citizen, due to... Mayor Suarez: Wait, wait, let's just clarify it. Commissioner Plummer: You can't get concerned for two years. Mayor Suarez: We can waive it, we can waive it. I don't know if we can do it today. Commissioner Plummer: You can send us a letter. Mayor Suarez: Well, why don't we start with the other parts of the argument. We'll hear from you as soon as the City Attorney gets ready to give us... Ms. Elaine Black: Mayor and Commissioners, my name is Elaine Black, executive director of Tools for Change, the Black Economic Development Coalition, Inc. At the request of Mayor Suarez, our organization looked into the financing feasibility of Billy Hardemon, Hardemon Market, located at 5500 Northwest 17th Avenue. We reviewed the major issues. The issues were basically poor credit on the part of Mr. Hardemon, one; two, a poor history of repayment to the City of Miami; and three, limited income that had been generated from his business activities. We had several meetings with Commissioner Dawkins and the people at Miami Capital. If you were to review the request for the amount requested of $120,000, or any amount, it would be obvious that this would not be a request that would be made by a prudent lending institution. Based on the needs within that comnunity and the .commitment that Mr. Billy Hardemon has expressed, and having a viable business in. this area, and there are needs for a viable grocery store in this area, we at Tools for Change and our staff would like to work with Mr. Hardemon in providing the technical support - not just through our organization, because we don't have it all, but bringing in someone like Associated Grocers and/or the Malone and Hyde Group and others to 215 May 27, 1993 develop a real workable plan to make this grocery store a reality. But in order to do that, and for these consultants, who will be providing their services pro bono to us, to feel that this is a real deal, that they will eventually be able to put together a viable grocery store, we're going to need the commitment of some funding from the City of Miami, either directly or through Miami Capital. Therefore, we're coming to you today to reconsider the loan to Mr. Billy Hardemon. Thank you. Commissioner Plummer: Is this the same loan... Commissioner Dawkins: Hold it, J.L. Commissioner Plummer: OK. Commissioner Dawkins: What is the charge for Tools for Change? What is Tools for Change supposed to do? Ms. Black: Tools for Change will provide technical assistance to Mr. Hardemon and... Commissioner Dawkins: No, no, no. When Tools for Change came to the City of Miami, and Tools for Change got money, what was Tools for Change supposed to do with that money? Ms. Black: Work, provide technical assistance to small businesses located in low income areas. Commissioner Dawkins: And no financing? Ms. Black: We have a financing... Commissioner Dawkins: No, no, no. Were you supposed to provide financing? Ms. Black: We facilitate financing. Commissioner Dawkins: All right now. What - in the event that the City of Miami does let Mr. Hardemon have some money, what amount of money is Tools for Change going to let Mr. Hardemon have? Ms. Black: We do not have a direct loan fund. We do have a guaranteed fund, and that guaranteed fund can guarantee loans up to 20 percent for business loans, and 33 percent for real estate based loans. Commissioner Dawkins: OK. Well, I'm going to tell you, I take exception to Tools for Change caning here to the City of Miami and demanding that the City of Miami do something they won't do. Now, I'm going to help Billy Hardemon, because I've been promised that, but Tools for Change is not doing what they're supposed to do, OK? And I take exception to that. Ms. Black: I accept that, sir, but the way the guarantee program was set up with Dade County, we do not provide direct loan funds; we can only guarantee. Commissioner Dawkins: But when you got the money from the City'of Miami, you did not tell us, all five of us up here, that you were going to provide direct loans only. You didn't say that. 216 May 27, 1993 Ms. Blacks: We do not provide direct loans. And at the time we received the dollars from the City of Miami, which was in 1989, that was for the administration and the start-up of the organization, and we received dollars from Dade County to have our guaranteed fund in 1992. It was really approved in August of 1992. Commissioner Dawkins: All right. What would Mr. Hardemon have to do in order to qualify for your guaranteed loan fund, or assistance, or whatever it is? Ms. Black: He first has to have an approved loan from a lending institution. Commissioner Dawkins: OK. If Mr. Hardemon could get an approved loan from a lending institution, he wouldn't be here with us. Ms. Black: If - you are an approved lending institution through Miami Capital. We can guarantee... Commissioner Dawkins: So therefore, if I were to say to Mr. Hardemon now... Commissioner Plummer: It's been denied by Miami Capital. Commissioner Dawkins: ... that we will loan you $100,000, you would guarantee that loan, because we are an approved system? Ms. Black: Yes... Commissioner Dawkins: Miami Capital would guarantee that loan? Ms. Black: Tools for Change... Commissioner Dawkins: OK, thank you. I don't need - I need nothing further. Ms. Black: Tools for Change... Mr. Carlos Smith (Assistant City Manager): Commissioner, I need to make sure you understand... Commissioner Plummer: Has he been denied twice by Miami Capital? Mr. Frank Castaneda: Yes, Commissioner. Commissioner Plummer: So that's out the window. Mr. Smith: They also only guarantee 20 percent of the loan. Commissioner Plummer: Yeah, we understood that, or 33 percent on real estate. Ms. Black: Yes, 20 percent for business loans and 33... Commissioner Plummer: He doesn't own the real estate, right? He leases the property. Ms. Black: He is buying the real estate. 217 May 27, 1993 Mr. Castaneda: No, he's not. Ms. Black: He is buying the real estate. Mr. Castaneda: It's to default. Commissioner Plummer: They foreclosed on the real estate. Mr. Castaneda: It's in default. Commissioner Plummer: Did they not foreclose on the real estate? Ms. Black: Yes, it 1s in default. Commissioner Plummer: What do you mean he's buying it? Ms. Black: His objective in getting this loan is to pay off the default so he can fully acquire the real estate. Commissioner Plummer: Has he paid off the back taxes? Mr. Black: No, he has not, sir. Commissioner Plummer: Is this the same loan that was denied by Metro -Dade County? Ms. Black: Yes, sir. Unidentified Speaker: No. Ms. Black: No. Commissioner Alonso: No. Ms. Black: It was denied by - it was denied by Miami Capital, sir. Commissioner Plummer: Well, what - was it his brother that was looking for the doughnuts? Ms. Black: It was his brother, sir. Commissioner Plummer: And that loan was denied? Ms. Black: That - yes, sir. Commissioner Plummer: Huh? Ms. Black: That's a separate - yes, sir. Commissioner Dawkins: That's a separate entity altogether. Mr. Castaneda: Miami Capital is not... 218 May 27, 1993 Commissioner Plummer: But what about - how much is he in on foreclosure? Mr. Pablo Perez -Cisneros: Thirty... Mr. Castaneda: No, $53,644. Mr. Perez -Cisneros: Plus legal fees. Mr. Castaneda: Plus legal fees. Commissioner Plummer: OK. How much 1n back taxes? Mr. Castaneda: Fifteen thousand. Ms. Black: Fifteen thousand. Commissioner Plummer: No, $15,000 was back in 192 last year. Mr. Castaneda: Plus interest. Commissioner Plummer: Obviously there's more. Mr. Castaneda: Plus interest. Commissioner Plummer: I don't see - you know, basically, if he's going to pay taxes, that doesn't stimulate a business. If he's in foreclosure, that doesn't stimulate a business, and to pay all of that off, and as I recall, the - and I haven't had time to go through all of the minutes - but the concern was that there's another grocery store right across the street. Am I correct in that? Four groceries stores directly across the street. Mr. Perez -Cisneros: No, that's about... Commissioner Plummer: Well, I mean, I recall one being directly across the street, and I remember that there was an argument about the fact that this was an Arab store, I think, as they referred to it. Mr. Billy Hardemon: Commissioner, there's no store across the street. Commissioner Plummer: Huh? Mr. Hardemon: There's no store. Commissioner Plummer: It's gone out of business? Mr. Hardemon: No, there... Mr. Castaneda: There are four or five stores within walking distance of that store. Mr. Hardemon: Excuse me, excuse me, Frank. There i's no store across the street from the store. There are two stores 1n the vicinity, but not across the street. There's Rollin's Market that's on the same block, and two blocks down, there is an Arab -owned business. 219 May 27, 1993 Commissioner Dawkins: One of the problems, J.L., that he has had is the shortness of funds with which to stock his store, so that he could be competitive with the store on 56th, Rollin's next to him, and the other store down on 52nd Street. I think if he had at any time had enough money to have stocked his store, then he might have been able to be competitive and wouldn't be here. Commissioner Plummer: Miller, my problem... Commissioner Alonso: Yeah. The loan that was originally given to him was $25,000? Mr. Castaneda: Right, and that was to stock up the store. Commissioner Plummer: That's what that was for. Commissioner Alonso: And he was not provided any other help. That's why he failed at that time. Commissioner Plummer: Did he ever - he gave the City a bad check. He never made good on that check. Mr. Perez -Cisneros: Yes, Commissioner, he made two payments; one for $243, which was the monthly payment on the loan for $25,000; and then he gave us another check a year and a half after the loan was made for $1,000, and that check bounced. The Finance Department sent a letter to him requesting that he .make the check good, indicating that under the State of Florida laws, it's a felony, and that check was never made good anyway. Commissioner Plummer: Mr. Hardemon, you are - I have - who is Barbara Hardemon? Mr. Hardemon: That's my wife, sir. Commissioner Plummer: She is also in default. Mr. Hardemon: In default on what, sir? Commissioner Plummer: Is she related in any way to R. E. .Mortgage Eastern Credit Union? Mr. Hardemon: R. E.? Commissioner Plummer: Is she here? Mr. Hardemon: No, she's not, sir. Commissioner Plummer: According to the documents which I have, she is in default to them for $15,000. Mr. Hardemon: That's not correct, sir. The only... 220 May 27, 1993 Commissioner Plummer: OK. University of Miami, OSFA (Office of Student Financial Aid), student loans, over $15,000 in default. Mr. Hardemon: Commissioner... Commissioner Plummer: Yeah. Mr. Hardemon: Commissioner, the items that Community Development listed as being in default, the majority of our credit... Commissioner Plummer: No, I haven't gotten to your list of default loans. Mr. Hardemon: If I could, Commissioner. Commissioner Plummer: Sure, go ahead. Mr. Hardemon: The majority of our - including my wife's, my wife's and my credit problems are mainly student loans and items directly related to our attempt to keep the store afloat. Commissioner Plummer: No, that's on your wife. Mr. Hardemon: On both, sir. Commissioner Plummer: Well, now, I'm showing here First Ivory Tiller. Who is that? Mr. Hardemon: That's the first mortgage holder on the store, sir. Commissioner Plummer: And you're in default on that for $53,000; is that correct? Mr. Hardemon: That's the property, that's... Commissioner Plummer: But you're in default? Mr. Hardemon: Yes, sir. Commissioner Plummer: Is it true that you don't work there on a full-time basis? Mr. Hardemon: I'm the executive - in the daytime, I'm the executive assistant to Commissioner James Burke, Dade County Commission. In the evenings... Commissioner Dawkins: Mr. Hardemon, you must say yes, because you must work in order to support your family. You cannot support your family out of that store, so make that clear, sir. Mr. Hardemon: I'm attempting to, Commissioner. Commissioner Plummer: You're working in that store full-time? Mr. Hardemon: It depends on what you're calling full-time. I put --if you're talking about over... 221 May 27, 1993 Commissioner Plummer: No, no, I'm concerned that the loan is going to you, and you're not going to be there at all times to protect the loan. Mr. Hardemon: I'm - you know, it's a family - the loan is coming to me. It's a family operated business. I'm there every evening and on the weekends. Every evening, sir. I mean, I couldn't be there 24 hours. Commissioner Plummer: No, sir, I didn't say 24 hours. I meant as long as the store was open. Mr. Hardemon: We have shifts. Commissioner Alonso: He works full-time. Mayor Suarez: For the County. He works for the Commissioner, and before that, he... Commissioner Alonso: Yes. But he could be working also an equal amount of hours that you can account... Mayor Suarez: He could work another eight hours in the store. Commissioner Alonso: ... because the store is open such long hours that if you count the hours, probably he's holding two full-time jobs. Commissioner Plummer: Well, .you see, my problem, I guess, is that this Commission in 191 authorized the City Attorney to initiate appropriate legal proceedings and civil action against Billy Hardemon, OK? That was what this Commission has not rescinded at this particular time. Obviously, without it being said, there is no -collateral that can be put up, because he has no collateral. Commissioner Alonso: The property. Commissioner Plummer: No, he doesn't. That's in foreclosure. The property is in foreclosure. Commissioner Alonso: But he is going to acquire the property, isn't he? Mr. Castaneda: I'm sorry, Commissioner? Mt. Hardemon: Yes, yes. Commissioner Pluirmer: Yeah, if you give him the money. Mr. Castaneda: Commissioner, sorry? Mr. Hardemon: Yes. Commissioner Plummer: The money is going .to go to acquire the property in his name. The property - and the money is going to go to pay his back taxes. It doesn't address the initial $25,000 loan he got from the City. 222 May 27, 1993 Mayor Suarez: What is the apprai.sal on the property? We instructed you to get an appraisal. Commissioner Alonso: At the present time, the loan 1s lost. He doesn't have the money to pay us back. So that's the world of reality. Mayor Suarez: The initial loan, right. Commissioner Alonso: And the City of Miami should have known when that loan was given to him that if he was not given the appropriate instructions to follow through, he. could not possibly pay us back the $25,000. We knew at that time that he couldn't possibly succeed with what we were giving him. Then again, now, if we give him the loan... Commissioner Plummer: That is why we instigated legal action to collect. Commissioner Alonso: ... the property will be the guarantee. How much is the property worth? Mr. Castaneda: Somewhere around $80,000, Commissioner. Commissioner Alonso: OK. And now, is he going to acquire the property if - he has some sort of agreement with the institution at the present time... Mr. Castaneda: No. Commissioner Alonso: ... that we know? Mr. Castaneda: No, the property will be sold on the courthouse steps June 15th. Ms. Miranda Albury: June 17th. Mr. Castaneda: June 17th. Commissioner Alonso: They sold? Mr. Castaneda: Will be sold June 17th on the courthouse steps. Commissioner Alonso: June 17th. So he is hoping that he will be able to get it for a good price, I bet. Mr. Castaneda: Well, the good price is going to be at least 55, because that's what the mortgage holder in the first position has. Commissioner Alonso: Fifty-five is the... Commissioner Plummer: Well over 55. Mr. Castaneda: Plus taxes. Mr. Hardemon: Commissioner, as Frank well knows, in the past - we have a negotiated agreement with the first mortgage holder, who's been very lenient with us, to say the least. In the past, he's signed an agreement as a payoff 223 May 27, 1993 of $30,000. That was about - that's when we were before the Commission the first time. So he's negotiable. I mean, that's his mortgage amount that Frank is alluding to, but that balance is negotiable. Mayor Suarez: What is the appraisal on the. property again? Commissioner Alonso: Seventy. Mr. Perez -Cisneros: Seventy-nine thousand. Mr. Castaneda: Eighty thousand. Mayor Suarez: The real estate is worth $80,000? Mr. Castaneda: That's correct. Mayor Suarez: So the idea was to support or buttress the new loan with the real estate. That's not going to work out. Mr. Castaneda: No. Commissioner Plummer: No, not at all. Commissioner Alonso: The 80,000 is an appraisal of the property? Mr. Castaneda: Yes, Commissioner. Commissioner Plummer: Fifty-five and fifteen... Commissioner Alonso: It's an appraisal. Mr. Hardemon: There were two. I thought one was... Commissioner Plummer: $70,000 would be going into it to try to bring it back up to snuff. Commissioner Alonso: I saw one of a hundred and some before, didn't we? Mr. Hardemon: There were two appraisals but... Mr. Castaneda: What did the two appraisals come to? Mr. Hardemon: The fact of the matter is... Mr. Castaneda: Eighty thousand and 90,000. Mr., Hardemon: OK. The fact of the matter, if the City would approve _the loan, it would not be completely backed by real estate, but at the same time, over 70 percent of the loan would be backed by real property. Commissioner Plummer: what? Mr. Hardemon: In addition - well, in addition, Tools for Change is offering to guarantee at least 20 percent of the loan. 224 May 27, 1993 Commissioner Plummer: How much is he asking for? Commissioner Alonso: One forty-five. Mr. Hardemon: So it's not a complete... Commissioner Plummer: He's asking for one forty-five? Mr. Hardemon: ... you know, it's not like this loan, if approved has no backing by real property and a guarantee by Tools for Change. Commissioner Plummer: No, no, I hear you, I hear you. Let me ask you, Frank. Mr. Castaneda: Yes, Commissioner. Commissioner Plummer: What's your recommendation? Mr. Castaneda: We do not believe this project can be funded under Community Development, because it does not meet the necessary appropriateness test, and it doesn't meet the ability to repay. Mayor Suarez: How is it not appropriate? Mr. Castaneda: Because in order to do a loan under economic development, you have to demonstrate that the person has the ability to repay. We have... Mayor Suarez: Well, that's the same factor as the other one. You just sort of repeated it in different words. Commissioner Dawkins: What would Mr. Hardemon,have to do? Commissioner Plummer: Thank you. Commissioner Dawkins: You just said why he couldn't get it. What would he have to do to be able to get the loan, Mr. Castaneda? Mr. Castaneda: Well, he would have to have a lot more collateral, and he would have to demonstrate how he would be able to repay this loan. So far, he has been able to do neither. Commissioner Dawkins: OK. The building is valued at 80,000, right? Commissioner Alonso: Uh-huh. Mr. Castaneda: Approximately. Commissioner Alonso: Or ninety. Mr. Hardemon: And one says ninety. Commissioner Dawkins: And now, it's 1n default for $59,000; is that correct? Mr. Castaneda: That's correct. 225 May 27, 1993 Commissioner Dawkins: So if you were - and I mean the City of Miami. If the City of Miami were to go and secure - and obtain the building, then it would have 59 plus 25. It would recoup $25,000; is that correct? Mr. Castaneda: Well, Commissioner, that's what I was asking Miranda. Presently, the first mortgage is 56. Let's deal with... Commissioner Dawkins: All right, 56. Mr. Castaneda: ... the City of Miami loan on the property, so that's 27. So you're talking 83,000. He owes in back taxes... Commissioner Dawkins: Mr. Castaneda, you're not going to get $87,000 for that building on the courthouse steps. Commissioner Alonso: No. Commissioner Dawkins: No way between heaven and hell, OK? Mr. Castaneda: No, and on top of that, you still owe back taxes. So... Commissioner Dawkins: OK, but- so what - so now back taxes? Mr. Castaneda: Right, for the amount of about 15,000. So when you add the back taxes, you get 88 - 98,000 and... Commissioner Plummer: Plus the previous loan. Mr. Castaneda: Well, no, I included the previous... Commissioner Alonso: No, but that's included. Mr. Castaneda: I included the previous loan, but he's still at point zero. Commissioner Plummer: Fifty-five, 15 and 25 is 95, right? Mr. Smith: Yes. Commissioner Plummer: What 1s IRS? How much is IRS? Mr. Perez -Cisneros: The record shows $751. The problem is... Commissioner Plummer: That's minimal, compared to his other problems. Mr. Perez -Cisneros: We don't have disclosures on the whole amount. Mr. Hardemon: Commissioner, Commissioner, if... Mr. Castaneda: That's nothing compared to the... (inaudible). Mr. Hardemon: Commissioner, if I could - with all due respect to that portion of your professional staff, if you would look at a copy of another gentleman that works for the City - I think he works for the City - Tony Crapp. Is that the director of... 226 May 27, 1993 Mr. Castaneda: He is here. Commissioner Plummer: Somewhere it is, yeah. Mr. Hardemon: ... of Miami Capital. His recommendation, I think, was - this is a recommendation, I think it's in your package to the loan committee. Commissioner Plummer: He can't make it, that's the problem. Mr. Hardemon: If I may. The negative parts, as they have already outlined, but he also included some positive considerations, including potential turnaround opportunities for an existing black -owned business which serves the immediate neighborhood. If approved, the loan should be subject to the following contingencies and requirements, in addition to other conditions determined by Miami Capital. And he lists about five items that he's - I guess according to his opinion, would make it a doable loan. Commissioner Plummer: Billy, do you have anything at all to offer as collateral? Mr. Hardemon: The building itself, Commissioner. Commissioner Plummer: You can't offer that because it's in hock. Mr. Hardemon: Commissioner, if the loan is approved, as I stated, it would not be 100 percent backed by collateral, it would not be. You know... Commissioner Plummer: Do you own your home? Mr. Hardemon: The collateral would be - me, as,they say, me and the bank. Commissioner Plummer: Do you own your home? Mr. Hardemon: Me and the bank. Commissioner Plummer: Now much is your equity on your house? Mr. Hardemon: That's tough. Commissioner Plummer: I mean, have you got faith in yourself? Mr. Hardemon: Absolutely, Commissioner. Commissioner Plummer: If you got faith... Mr. Hardemon: But... Commissioner Plumper: You see, let me tell you what bothers me more than anything, the point he just brought to me. If you couldn't make previously $241 payments, on the structure at best that they can give you this loan, you're going to have to make $2,040 payments. How the hell are you going to do it? 227 May 27, 1993 • Mr. Hardemon: I - I... Commissioner Dawkins: But 20 percent of the... Mr. Hardemon: It's not 2,000. It's not 2,000. 2,000, Frank. It's not 2,000. It's not Commissioner Plummer: And to my understanding, Miami Capital turned you down because they could see no earthly way that you could make it. Commissioner Dawkins: But 20 percent of the loan is guaranteed by... Commissioner Plummer: Well, that's what I'm asking. Is he willing to put up his house for the rest of the equity? Commissioner Dawkins: Twenty percent of the loan is guaranteed by Tools for Change. That's 20 percent. Commissioner Plummer: That's $24,000. Mr. Hardemon: Commissioner, my - to answer your question, the current monthly mortgage payments, if you will, including the 241 to the City, and roughly $900 to the first mortgage holder, around $1100 currently. We've been there four or five years thus far. I mean, we're in default, but we're still there. We have been able to survive for the past four or five years in paying close - over $1,000 a month, over $1,000 a month, and that's with basically no inventory. And it's our contention if the store is properly inventoried, we would be able to pay, to meet the mortgage payment, in addition... Commissioner Plummer: No.� Mr. Hardemon: In addition, Commissioner Plummer, there is a rental piece of property included on the property which brings in about $450 a month„ as a - on a lease. If the City would take the lease, the $450 as directly - comes directly to the City. So that's $450 a month off the - I don't know where Frank is getting the $2,000 from but... Commissioner Plummer: Well, tell me what it is. 2,000 and what a month, under the structure? .Mr. Castaneda: No. What I'm saying is that he hasn't paid the first mortgage holder and he hasn't paid the second mortgage holder. Commissioner Plummer: And he hasn't paid the City. Mr. Castaneda: The $400 of rent he is collecting, he hasn't given to either party. Mr. Hardemon: It went to... Commissioner Alonso: Frank, couldn't Miami Capital make an adjustment, and then when we make the payments, we don't really have to say that he has paid 2,000 or 1,000. We can make a reduction perhaps at the beginning. We can have a lower monthly payment and then increase. It has been done many times before. You can make adjustments like that. 228 . May 27, 1993 Mr. Tony Crapp: Yes, Madam Commissioner. What you are suggesting would be a structure that would be different from a straight amortized loan. Commissioner Alonso: Exactly, to help the gentleman... Mr. Crapp: It would be a loan that could be structured with a... Commissioner Alonso: ... get on the way to... Mr. Crapp: ... with a balloon payment at the end of the term, something like that. Commissioner Alonso: A balloon or adjustment that increases as the years go by. Commissioner Plummer: Are you willing to do that? Commissioner Alonso: It's done every day, Commissioner. Commissioner Plummer: Are you willing to do that? Is Miami Capital willing to do that under these circumstances? Mr. Crapp: Sir, Miami Capital, at the request of the City, we looked at the loan, took it to the loan committee two times to be reviewed. The loan committee did not approve the loan. Commissioner Plummer: For what reason? Because I think that's what's Important. What I heard was they did not approve the loan simply because they felt there was no earthly way he could make it. Mr. Crapp: That's correct. And we could not approve it, because it would not be in compliance with HUD requirements. Commissioner Plummer: So how do we sit here thinking he can? I understand no stock, OK? Are you willing to put-up your home? Let's see how much faith you got in yourself. Mr. Hardemon: Commissioner, we - you know, that's the third time you've asked that, and our home has already, you know, for the record, our home has already been put up, per se, for.the store. When we initially tried to buy the store, our home was put up to get some of the initial capital to try and buy the store. So do we have faith 1n it? Of course we have faith in it. We have been laboring with this project for the past four years. Vice Mayor De Yurre: But the problem is, J.L., that I could not ever allow him to put up his home, his house, as collateral, because he would lose it, and I would hate to have to take somebody's home away. Commissioner Alonso: He already did and this is... (inaudible). Commissioner Plummer: Well, let me tell you, if my business started to go under, I don't know what else I would have to put up but my home. I would mortgage my house to try to keep my business alive, and that's me. I don't know how else other thatI could apply for any other relief. 229 May 27, 1993 Mayor Suarez: But we're interrupting each other. Let's complete the inquiry and make a decision, folks. Commissioner Plumer: Sure. Mayor Suarez: We've got some other items. Commissioner Plummer: Mr. Mayor, I'm finished with any questions that I have. Mayor Suarez: Yeah, but the Vice Mayor was inquiring. Commissioner Plummer: I've made them. Vice Mayor De Yurre: When was the last payment made on our loans? Commissioner Plummer: It was one. Mr. Castaneda: There was never a payment made. Vice Mayor De Yurre: Never a payment made? Commissioner Plummer: Check bounced. Mr. Castaneda: Two checks sent which bounced. Mr. Perez -Cisneros: No. One check came in for $241. The other check for $1,000 bounced and was never made good. Vice Mayor De Yurre: When was that? Mr. Perez -Cisneros: That was back in 191, I think. Early 191. Vice Mayor De Yurre: And are you talking about the $25,000 loan? Mr. Perez -Cisneros: Yes, sir. Vice Mayor De Yurre: And if I recall, because we're - you know, this is like we're rerunning. We could run a replay of what - when this came up the last time, and we're heading in the same direction. The $25,000 loan was to buy Inventory? Mr. Perez -Cisneros: Correct. Vice Mayor De Yurre: And none was ever purchased? Mr. Perez -Cisneros: That, I don't know, Commissioner. The only thing I can tell you is... Vice Mayor De Yurre: No, that is - that is on the record at.the last meeting, that Billy stated that he had to pay off some things. He didn't use it for what it was meant to be. That's number one. Number two, if we go ahead, and - go ahead with this kind of loan, .at the next Commission meeting, the same criteria that we have, I'm bringing in ten people, and then what are you going to say to those ten, in the same condition?- 230 May 27, 1993 Commissioner Plummer: A hundred. Vice Mayor De Yurre: And we're going to be hard pressed to say no to them, because we're doing - we're setting a precedent here that goes against everything that Miami Capital and the City of Miami and everything else stands for. So for the record... Ms. Ambie: May I, Commissioner? Vice Mayor De Yurre: Well, I'm still talking, OK? Commissioner Plummer: Can Debbie speak? Mr. Jones: No. It's a conflict of interest. Vice Mayor De Yurre: We not only have to deal with this matter at hand right now, it's what's going to happen in the future, and I'll tell you that people are going to be knocking down these doors to come in with a handout, and say, "Hey, I have no property, I owe everybody, but, hey, give me a hundred thousand dollars, because I think I can make it." And how are you going to say no to that person? Commissioner Plummer: Not once you set a precedent. Vice Mayor De Yurre: OK. It's a difficult thing because we want to see people succeed, but, you know, sometimes it's better to say no, to avoid - cut your losses short. Mayor Suarez: What 1s the determination as to Ms. Ambie? Mr. Jones: Under 2-302, there is a conflict of interest, a two-year prohibition. Mayor Suarez: Is there a waiver provision? Can we act on that? Mr. Jones: There's a waiver provision. It would have had to have been previously advertised, public hearing. Mayor Suarez: All right. So Ms. Ambie, we're going to have to sort of intuit what you are about to tell us, which I gather is supportive of this. I have one question, just one question. I don't know how many months ago we had the opportunity to hear this and sometime before that, I made a stop at the store. I forget what time it was. Commissioner Plummer: May 14th. Mayor Suarez: I think you were there that day, ma'am. And the place was - the shelves were empty.almost. If I went there today, right now, right after this Commission meeting, do you have some inventory thereto sell? Has Tools for Change or the family or friends or any other agency given you the opportunity to generate some income through having inventory? 231 May 27, 1993 Mr. Hardemon: Well, Commissioners, it's paycheck to paycheck, to answer your question, Mr. Mayor. And when I say paycheck, I'm talking about mine. Mayor Suarez: I gather the answer is that it would be roughly the same way as it was a few months ago. All right. Any... Commissioner Alonso: But the beginning of this was wrong. He was given $25,000, but he was not provided any kind of guidance. So we knew quite well at the beginning that we were just forcing him into continuation of the same thing. It was our fault from the beginning. Mr. Castaneda: We have sent numerous letters. He has never responded to our letters. Commissioner Alonso: It's not a question of letters. It's a question of really helping the people to get on their way. Vice Mayor.De Yurre: Yeah, but did he have that business before he started the grocery business with the 25,000? Commissioner Plummer: The problem is, if he couldn't make it with 25, how is he going to make it with 125? Commissioner Alonso: When you were given the $25,000, did you open the store at that time? Ms. Miranda Albury: Commissioner, the store was already open... Commissioner Alonso: That's what I thought. Ms. Albury: when we gave him the 25,000. However, we did provide technical assistance through SCORE (Service Corps of Retired Executives), through the Entrepreneurial Institute, and through other wholesalers that we tried to assist Mr. Hardemon in working with to get him lines of credit, such as the beer and wine companies, so that he could provide and put inventory in this store. Mr. Hardemon: I must have missed that, Miranda, because the only technical assistance, with all due respect, that we have been offered has been at the request of the Mayor and the Commissioner... Ms. Albury: You're speaking of financial assistance. Mr. Hardemon: No, no, no. I... Ms. Albury: I'm talking about technical assistance and we have letters in the file where we tried to follow up with certain agencies to assist you. Mr. Hardemon: Excuse me, Miranda. It's my first time - this is my first time and I have no - I been candid about everything else, I wouldn't lie about this. The only technical assistance that has been provided to us has been at the request of the Mayor and Commissioner Dawkins through Tools for Change. That's the only... that we've received. 232 May 27, 1993 Ms. Asbury: Mr. Hardemon, I beg to differ with you. Again, you're speaking of financial assistance. We've also tried to sit down with you to restructure the loan, to look at other ways, other means 1n terms of helping you to pay the loan. So the assistance has been both from a financial standpoint and a technfcal standpoint. Mr. Castaneda: Even discussing with your brothers about putting the doughnut place in conjunction with you guys. Mr. Hardemon: I don't know what discussions you may have had along those lines but... Commissioner Plummer: Have you tried to get a loan from... Mr. Hardemon: In terms of COPE or any other - SCORE or whoever, we have never received anything from them, Miranda, never. Commissioner Plummer: Have you tried to get a loan from Dade County? Mr. Hardemon: No, sir, I have not applied to Dade County. I've applied to the City of Miami. The store is located in the City of Miami. I applied to the City of Miami. Mayor Suarez: All right. Let's come to a conclusion on this item. Any motions? Any proposals? Vice Mayor De Yurre: Let me ask this: How much money do you make there a month, take home? Mr. Hardemon: Excuse me? Vice Mayor De Yurre: How much money do you make, take home? How much do you earn? Mr. Hardemon: Oh, on my job? Vice Mayor De Yurre: Yeah, yeah. Mr. Hardemon: I have a new job. I'm three weeks there so I'm trying to get these numbers. Commissioner Plummer: With that new Commission, you've got my condolences. Vice Mayor De Yurre: Excuse me. Mr. Hardemon: Yeah, with my new job... Vice Mayor De Yurre: Now much would the store generate? How much would you make when you were running it? Mr. Hardemon: If you're asking how much I make on my County job, that's one thing. Vice Mayor De Yurre: No, no. Forget your... 233 May 27, 1993 Mr. Hardemon: Oh, OK. Vice Mayor De Yurre: You, at the store. When you were working at the store, how much money would you take home? Mr. Hardemon: Even - I never took home any money. I was always putting money. I had a full-time - I had a.City job - I'm sorry, a County job. Vice Mayor De Yurre: OK, so it was like a part-time thing? Mr. Hardemon: No. You keep saying part-time. Vice Mayor De Yurre: No, because if you have a County job, then when do you work at the store? Mr. Hardemon: Because I work till 5:00 on the County job. Vice Mayor De Yurre: OK. Mr. Hardemon: I would get to the store about 6:00 and stay till 12. Vice Mayor De Yurre: OK. Mr. Hardemon: That's on Monday through Thursday. Friday, I was off. I put in 12 hours on Friday, 12 hours Saturday, 12 hours Sunday. So I had two full- time jobs, Commissioner. Vice Mayor De Yurre: Because I'll tell you, you know, we talk about providing opportunities, and, you know, I can't vote to lend the money, because I just feel it's going to be putting good money after bad, unfortunately. But I think that there is something positive in what we're looking at here, because if we can establish a program - you see, I wouldn't mind saying we're going to buy this, we're going to put up the money, we're going to take over this grocery store, we're going to stock it and we can have somebody like Billy working for the City, running it for us with kids from the neighborhood working there, learning the trade, and growing in the process. You know, you have no exposure, because you're going to be working for the City. You have a salary, and we use that facility, we make an investment in the community to help the kids, train them, and at the same time, you make a living, a good living. Mr. Hardemon: Commissioner or Vice Mayor, that's one of the programs that Tools for Change is offering through Miami Edison, to have high school students come in, if the store is funded, to work and learn the skills of operating a supermarket. Vice Mayor De Yurre: Well, that is something I would look at as economic development, but it would be a totally different concept all together, and not just a loan. It would be us doing it and putting people to work there. Commissioner Plummer: Yeah right. Commissioner Alonso: Can we do that? 234 May 27, 1993 Commissioner Plummer: I can just see my old opponent being back here tomorrow, Prentice Rashid. Commissioner Dawkins: Mr. Mayor? Mayor Suarez: Yes, Commissioner. Commissioner Dawkins: I think you should announce to everybody who is here that this 1s the last agenda item and we may have some pocket items, but we will not hear anything else off the agenda. Commissioner Plummer: In all fairness, Mr. Dawkins... Mayor Suarez: No. That would not be fair. Commissioner Plummer: In all fairness, I think that we're obligated to item 9 and 10, Mr. Bercow... Commissioner Alonso: Yes. Commissioner Plummer: ... who made his commitment this morning. Mayor Suarez: We've taken up this item at your request, and we've taken at least a good half hour. What we would have to do is to complete... Commissioner Dawkins: I have no problems if you stay here till 10:00 o'clock. I just may not be here with you. Mayor Suarez: All right, sir. On this item, does anybody have any motion? If not, I will call the next item, and try to go through them as quickly as possible to the end, until we lose a quorum. Mr. Smith: Can I say that I believe the Vice Mayor has a good idea, but we would like to have some time to... Commissioner Plummer: I agree. Vice Mayor De Yurre: Well, I'm just throwing it out for... Commissioner Plummer: Billy, if you consider what Victor said about the City taking over and letting you operate it. We own everything, OK? You go in there, you can buy us out, you buy us out. OK? I think that that is a potential that can be done. That way, we have full, total control, and I don't see a thing that that thing can't be worked out, but that's got to be the case. Commissioner Alonso: If we had... Commissioner Dawkins: Before you do that, Ms. Black, will you come to the mike, please. Ms. Black: Yes, Commissioner. 235 May 27, 1993 Commissioner Dawkins: In the event that the City of Miami did,,for lack of a better word, take over the store, would Tools for Change provide the technical assistance and help him to structure a payment where he could pay the City out and eventually get his store back? Ms. Black: Yes, sir, we would be delighted to do that. Commissioner Alonso: Then that's the solution. Commissioner Plummer: I would move at this time... Commissioner Alonso: This is the solution. Vice Mayor De-Yurre: See, you know what happens, Miller, once that store gets going, then it's easy for him to move in... Commissioner Plummer: Nothing would make me happier than having him buy me out. Vice Mayor De Yurre: ... and take over. Commissioner Alonso: Then that's the solution. Commissioner Dawkins: The only thing that's a plus in that thing - Ms. Black will agree. The only thing that's a plus in this is the City of Miami will own it, and the City of Miami will have to stock it. He cannot compete without stock. Ms. Black: That's right, sir. Mayor Suarez: All right, on that general principle... Commissioner Plummer: I would suggest, Mr. Vice Mayor, if your motion is to send it to the Administration to try and structure that, I'll second the motion, sir.. Vice Mayor De Yurre: So be it. Mayor Suarez: So moved and seconded. Any discussion? Commissioner Dawkins: But there again... Commissioner Plummer: I didn't hear him move it. Commissioner Alonso: Wait a minute, there is something else that we have to address. Commissioner Dawkins: Under discussion... Commissioner Alonso: Yes. Commissioner Dawkins: You must include Tools for Change in the resolution. 236 May 27, 1993 a Commissioner Plummer: And that does not preclude our technical people to be involved. Commissioner Alonso: Yes, but we are forgetting that we have to be there June 17th. We have to have some sort of agreement... Mr. Smith: But I think we need to come back if this is feasible. Commissioner Alonso: ... in order to take the property. Vice Mayor De Yurre: Well, what's happening June 17th? They're going to foreclose? Commissioner Alonso: Yes. Vice Mayor De Yurre: Well, send a letter. Tell them we're involved. Commissioner Dawkins: No, we don't have to send no letter. Go down to the courthouse and pay the taxes. Mr. Smith: Well, I think we need to, if it's feasible, we need to come back to you in two weeks or so. Commissioner Plummer: Excuse' me. We're not going to be here 1n two weeks. Commissioner Alonso: We're not going to be here. Commissioner Plummer: Go down, like Miller said, with a check, buy the damn thing in the name of the City of Miami, and it's ours. . Commissioner Alonso: Yes. Commissioner Plummer: It's that simple. Commissioner Dawkins: Then sit down and work out what you're going to work out with Ms. Black and Mr. Hardemon. Commissioner Alonso: Please don't forget June 17th. Vice Mayor De Yurre: Is that fair enough? Commissioner Plummer: Well, fair enough means nothing right now. We haven't done it. Mr. Hardemon: Thank you. Commissioner Plummer: We haven't done it. We're trying to do it. Commissioner Alonso: We have to instruct the Administration to go there June 17th, and buy the property. Commissioner Plummer: Well, it's got to be in concert with him, because he is still the mortgage holder. 237 May 27, 1993 Commissioner Alonso: They are going to sell it, period. No, no, no, no. They go there and sell it, period. Vice Mayor De Yurre: J.L., if he doesn't want to do it, I'm sure we'll have people that want to do it. Mr. Hardemon: That's fine. Mayor Suarez: All right. That's the general thrust of the motion. I'm not sure if we've ever done anything quite like this, but so moved and seconded. Any further discussion? If not, please call the roll. The following resolution was introduced by Vice Mayor De Yurre, who moved its adoption: RESOLUTION NO. 93-356 A RESOLUTION AUTHORIZING THE CITY MANAGER TO BID AN AMOUNT NOT TO EXCEED $79,000 AT THE PUBLIC SALE TO BE HELD ON JUNE 17, 1993 FOR THE PROPERTY LOCATED AT 5500 N.W. 17 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED AS LOT 24, BLOCK 13 OF FLORA PARK ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE WHATEVER DOCUMENTS ARE NECESSARY TO CONSUMMATE THE ACQUISITION OF SAID PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND DIRECTING THE CITY MANAGER TO DEVELOP A PLAN FOR THE EFFECTIVE UTILIZATION OF THE PROPERTY FOR APPROVAL BY THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner. Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner 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 Dawkins: Go over there with them now... Mayor Suarez: And work with the esteemed legal beagle here to my right and Commissioner Dawkins, to make sure that you understand the intricacies of that kind of acquisition. 238 May 27, 1993 ----------------- ------------------------------- n ---------------------- 29. FIRST READING ORDINANCE: AMEND 11000 ARTICLE 25, TO PROVIDE A DEFINITION FOR: (a) GROSS FLOOR AREA; AND (b) DIRECTLY -AFFECTED FLOOR AREA. (Applicant: Planning, Building & Zoning Dept.) Commissioner Plummer: I move item 9 on first reading. Mayor Suarez: So moved. Commissioner Plummer: Mr. Bercow, is it item 9 or 10 that you have to have? Commissioner Alonso: Nine and 10. Commissioner Plummer: Both? Commissioner Dawkins: All right, I'll second 9. Commissioner Plummer: All right. Mr. ... Mayor Suarez: Moved and seconded. Is there anyone who wishes to be heard on item 9? Let the record reflect no one stepped forward. Commissioner Plummer: Excuse me. Mr. Rodriguez, how do we grandfather them in to protect them? Mr. Sergio Rodriguez (Assistant City Manager): I believe that all... Commissioner Alonso: Backdate April... Mr. Rodriguez: You say all applications that have been received after April 15. Commissioner Plummer: I include that... Mr. Bercow: That both revisions would apply to any applications received after April 15th. Commissioner Plummer: I include that in my motion for approval on first reading. I so move, Mr. Mayor. Mayor Suarez: So moved. Commissioner Alonso: Second. Mayor Suarez: Seconded. Any discussion? If not, please read the ordinance. Call the roll. 239 May 27, 1993 AN ORDINANCE ENTITLED - AN ORDINANCEAMENDING ORDINANCE NO 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING: 'ARTICLE 25. DEFINITIONS" TO PROVIDE A DEFINITION FOR 'GROSS FLOOR AREA"; TO PROVIDE A DEFINITION FOR 'DIRECTLY -AFFECTED FLOOR AREA'; AND CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title 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. 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. ------------------------- -------------- ---------- ------ -------------------- 30. FIRST READING ORDINANCE: AMEND CODE SECTION 62-61(5) -- TO PROVIDE THAT FEES FOR AMENDMENTS TO MAJOR USE SPECIAL PERMITS (MUSP) SHALL BE BASED UPON DIRECTLY AFFECTED FLOOR AREA, RATHER THAN GROSS BUILDING AREA -- TO PROVIDE FOR A MINIMUM FEE OF $5,000 FOR PROJECTS NOT CLASSIFIED AS DEVELOPMENTS OF REGIONAL IMPACT (DRI), AND A MINIMUM FEE OF $10,000 FOR PROJECTS CLASSIFIED AS DRI, ETC. (Applicant: Planning, Building & Zoning Dept.) Commissioner Plummer: I move item 10 under the same circumstances, on first reading. .Commissioner Alonso: Second. Mayor Suarez: PZ-10, it's been moved. Mr. Bercow: Same amendment. Same amendment, Commissioner. Mayor Suarez: With the same amendment. Commissioner Plummer: Well... Commissioner Alonso: Then we do 11 and 12. 240 May 27, 1993 Commissioner Plummer: Can we do 11 and 12 in one minute? Commissioner Alonso: Yes. Move it, yes. Mayor Suarez: Well, we're doing 10, folks, please. Commissioner Plummer: Well, they're both reading, so that's no problem. Commissioner Dawkins: Hey, we didn't do 10 yet. Commissioner Alonso: Yeah, it's first reading. Mr. Jones: One at a time. Mayor Suarez: PZ-10 with the same amendment. It's been moved and seconded. Commissioner Plummer: Same amendment. Mayor Suarez: Yes, yes, we just said that. Is it an ordinance? Commissioner Plummer: Well, why don't you call the roll? A. Quinn Jones, III, Esq. (City Attorney): It's an ordinance. Commissioner Alonso: But I guess we did. Mayor Suarez: Because you guys are not letting me. Mr. Jones: It's an ordinance. Mayor Suarez: OK. Read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 62-61(5) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT FEES FOR AMENDMENTS TO MAJOR USE SPECIAL PERMITS ("MUSP") SHALL BE BASED UPON "DIRECTLY AFFECTED FLOOR AREA," RATHER THAN "GROSS BUILDING AREA" (AS DEFINED RESPECTIVELY UNDER SECTION 2502 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA); TO PROVIDE FOR A MINIMUM FEE OF $5,000 FOR PROJECTS NOT CLASSIFIED AS DEVELOPMENTS OF REGIONAL IMPACT ("DRI") AND A MINIMUM FEE OF $10,000 FOR PROJECTS CLASSIFIED AS DEVELOPMENTS OF REGIONAL IMPACT; AND TO EXCLUDE PLANNED UNIT DEVELOPMENTS ("PUD") FROM PAYMENT OF MAJOR USE SPECIAL PERMIT FEES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 241 May 27, 1993 Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title 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. The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Bercow: Thank you. ------------------------------------------------- MOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER NON -AGENDA ITEMS.] ------------------------------------------------- 31. EMERGENCY ORDINANCE: AMEND CODE SECTION 14-26(c)(1) TO PROVIDE THAT MEMBERS OF THE EXECUTIVE COMMITTEE OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) SHALL BE APPOINTED BY THE CHAIRPERSON OF THE DDA AND SHALL SERVE A TERM CONCOMITANT WITH THE TERM OF SAID APPOINTING CHAIRPERSON. -------------------- 7--------------------------------------------------------- Mayor Suarez: What is your item? Commissioner Plummer: They 're not here on any item. Commissioner Alonso: They're not. They are just watching the Commission. They love what we do. Commissioner Plummer: I have a pocket item, Mr. Mayor. Commissioner Alonso: They are learning, Mr. Mayor. Mayor Suarez: What a neat group to have around here just to kind of watch us. Commissioner Plummer: I got a pocket item, Mr. Mayor. Commissioner Alonso: I do, too. Mayor Suarez: This is all your gang? 242 May 27, 1993 Commissioner Dawkins: Yes. Commissioner Plummer: I got a pocket item, Mr. Mayor. "Oye." Mayor Suarez: Yes. Commissioner Plummer: Mr. Mayor, I am asking through this ordinance which I will present, the same consideration that every chairman of the DDA (Downtown Development Authority) has had 1n the past and present, and that is that the chairman have the right to appoint the executive committee. And emergency ordinance... Mayor Suarez: I'll entertain that motion. Commissioner Dawkins: Second. [AT THIS POINT, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.] Commissioner Alonso: Second. Commissioner Dawkins: Call the roll. Mayor Suarez: All right. So the emergency is based on the need to appoint the executive committee so that it functions and so that the Downtown Development Authority wi11 not cease its important activities for which it requires an executive committee. Vice Mayor De Yurre: Not quite. Commissioner Plummer: Second reading. Commissioner Dawkins: No, we don't have to read it twice, we just vote on it twice. Commissioner Plummer: No, second reading, it's an emergency ordinance. Mayor Suarez: OK. Call the roll now that we've stated the reason for the emergency. Do you have a disagreement on that or do you want to... Vice Mayor De Yurre: Well, yeah, because I have to vote against it. Commissioner Plummer: I understand that. Vice Mayor De Yurre: I just want to state it for the record. And let me say that in the year that I've been at DDA, one cf the main things that we always kept hearing was independence, and this and that. And what I did was that I allowed the board itself to vote in their executive committee instead of I appointing the members, which has always been the case. I gave them that latitude to elect whom they wanted.there. Commissioner Dawkins: Mere changing that. 243 May 27, 1993 Vice Mayor De Yurre: Yeah, I know that may be fine, but I think that we should have the latitude that... Commissioner Plummer: Victor, let me assure you that as long as I sit there, it will be in concert with them, but I do feel that the chairman has to have the right of control. I do feel that. 0 Vice Mayor De Yurre: And I have no problem with that. However... Commissioner Dawkins: I'm going home. Vice Mayor De Yurre: Hey you want to go home? The ball game is like in the sixth inning already, so don't worry about it. I think that we should have - maybe we can change it and say to give the option to the chairman, either to do it on his own, because here, you're forcing the chairman to select, and he doesn't have the latitude to say you guys can appoint .whomever you want or elect. Commissioner Plummer: I would .be - as I said to you, sir, and I make that commitment here, it would be in concert with. I'm not intending to go down there, but I will not go down there with the understanding that I would be going with any less understanding than previous chairmen, and I think that's only fair. Can I have the second reading, or the second roil call? Mayor Suarez: Do we have any further discussion? Vice Mayor De Yurre: Just for the record, you know that the new board is in place, so you won't be,able to do anything for a year. Commissioner Plummer: Not till June the 3Oth. You have a new chairman. Vice Mayor De Yurre: Well, check it out. OK. I just have to vote no. Mayor Suarez: All right. We have a motion and a second. We read the ordinance. Commissioner Plummer: Yes. Mayor Suarez: Please call the roll. I guess we'll call it twice, you know, having called it as an emergency ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCEAMENDING SECTION 14-26 (c) (1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING THAT MEMBERS OF THE EXECUTIVE COMMITTEE OF THE DOWNTOWN DEVELOPMENT AUTHJRITY (DDA) SHALL BE APPOINTED BY THE CHAIRPERSON OF THE DDA AND SHALL SERVE A TERM CONCOMITANT WITH THE TERM OF SAID APPOINTING CHAIRPERSON; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 244 May 27, 1993 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 Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11054. Commissioner Plummer read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 32. ACCEPT GRANT ($280,107) FROM STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS).TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED -- EXECUTE NECESSARY DOCUMENT(S). Commissioner Alonso: I have a resolution. I have a resolution accepting a grant in the amount of $280,107 from the State of Florida Department of Health and Rehabilitative Services.to fund programs for the developmentally disabled, authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney for said purposes. I so move. Commissioner Dawkins: Second. Mayor Suarez: So moved anti seconded. Any discussion? If not, please call the roll. 245 May 27, 1993 The following resolution was introduced by Commissioner Alonso, who moved its adoption: RESOLUTION NO. 93-357 A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $280,107 FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. 33. ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF BICENTENNIAL PARK BY CELLAR DOOR CONCERTS OF FLORIDA, INC. -- TO PRESENT LIVE CONCERT AS PART OF NATIONWIDE LOLLAPALOOZA TOUR (WITH PROVISOS). Commissioner Dawkins: I have one, a resolution establishing special charges, terms and conditions for the use of Bicentennial Park on July the 27, 1993, by the Cellar Door Concerts of Florida, Inc., for the purpose of presenting a live concert as part of the nationwide Lollapalooza Tour. And I understand that the City of Miami will receive about $35,000 for this, and I so move. Commissioner Plummer: Second. Mayor Suarez: Moved and seconded. Any discussions? If not... Commissioner Plummer: What's the name of that group again? Mayor Suarez: ... please call the roll. Commissioner Dawkins: Lollapalooza. Commissioner Plummer: It sounds like a disease. 246 May 27, 1993 • • The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-358 A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS, AS SPECIFIED HEREIN, FOR THE USE OF BICENTENNIAL PARK ("PARK") ON JULY 27, 1993 BY CELLAR DOOR CONCERTS OF FLORIDA, INC. ("SPONSOR") FOR THE PURPOSE OF PRESENTING A LIVE CONCERT AS PART OF THE NATIONWIDE "LOLLAPALOOZA TOUR," SUBJECT TO AND CONTINGENT UPON SAID SPONSOR COMPLYING WITH SAID SPECIAL CHARGES, TERMS AND CONDITIONS, INCLUDING PAYING FOR ALL COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID SPONSOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. [NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR ITEMS TO RESUME CONSIDERATION OF ITEMS ON THE PLANNING AND ZONING PORTION OF THE AGENDA-3 ------------------------------------------------- Mayor Suarez: Are you sure you don't have an item? Could you please have an item for us? Commissioner Plummer: Mr. Mayor, do you want to go - does anybody got anything else? Mayor Suarez: Could you make up an item? Commissioner Plummer: No, let's do 11 and 12. They're both first readings. Let's do it and get it over with. 247 May 27, 1993 0 34. FIRST READING ORDINANCE: AMEND 11000 TEXT, ARTICLES 4, 6, 9, 13, 17, 19, 22 AND 25 TO CURE IMPERFECTIONS WHICH BECAME APPARENT THROUGH ADMINISTRATION OF SAID ORDINANCE. Commissioner Plummer: I move 11 on first reading. Commissioner Alonso: She has earned her rights, coming every time. Mayor Suarez: Really. Commissioner Alonso: But now she has rights. Commissioner Plummer: At first reading, we finish the agenda if you do it. Commissioner Dawkins: Second. Commissioner Plummer: Who gives a damn. Mayor Suarez: Moved and seconded... Commissioner Plummer: Item 11, I move on first reading. Mayor Suarez: So moved. Commissioner Plummer: Read it. Mayor Suarez: Do you have any questions or concerns about the passage of it on first reading, Commissioner? Commissioner Plummer: No, no, I just... Commissioner Alonso: No, no,.I do not. He thought it was very short and I'm saying it has so many articles, it was a long one. Commissioner Plummer: I'm looking here on the agenda, and it looks like it's so narrow, and then over here, it's ridiculous. Mayor Suarez: Call the roll. 248 May 27, 1993 • AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING: ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ADD AND CLARIFY CERTAIN USES IN THE G/I GOVERNMENT/INSTITUTIONAL, C-1 RESTRICTED COMMERCIAL, C-2 LIBERAL COMMERCIAL, CBD CENTRAL BUSINESS DISTRICT, AND I INDUSTRIAL ZONING DISTRICTS, AND TO ADD AND CLARIFY PARKING REQUIREMENTS AND SIGN REGULATIONS IN CERTAIN ZONING DISTRICTS; ARTICLE 6, SECTION 603, TO ADD HEIGHT LIMITATIONS FOR R-1 AND R-2 RESIDENTIAL DEVELOPMENT IN THE SD-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT; SECTION 608, TO ADD A CONDITIONAL PRINCIPAL USE TO THE SD-8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT; ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, TO DELETE SECTION 903.5; TO ADD NEW AND CLARIFYING LANGUAGE TO SECTION 907.4 "YARD, GENERAL LIMITATIONS ON OCCUPANCY," SECTION 918 "OFFSITE PARKING," AND SECTION 925 "SIGNS, GENERALLY"; ARTICLE 13, SECTION 1304.2, TO CLARIFY LANGUAGE REGARDING OWNERSHIP STATEMENT REQUIREMENTS FOR SPECIAL PERMITS; ARTICLE 17, MAJOR USE SPECIAL PERMITS, DETAILED REQUIREMENTS, TO ADD, DELETE AND CLARIFY LANGUAGE IN ORDER TO CONSOLIDATE REVIEW OF SPECIAL PERMITS AND/OR VARIANCES AS A PART OF THE MAJOR USE SPECIAL PERMIT REVIEW PROCESS; ARTICLE 19, SECTION 1903, TO ADD OWNERSHIP STATEMENT REQUIREMENTS FOR VARIANCE APPLICATIONS; ARTICLE 22, SECTION 2202.3, TO CLARIFY LANGUAGE REGARDING OWNERSHIP STATEMENT REQUIREMENTS FOR ZONING AMENDMENT REQUESTS; AND ARTICLE 25, SECTION 2502, "SPECIFIC DEFINITIONS," TO ADD A DEFINITION FOR "RESIDENTIAL FLOOR AREA," AND TO CLARIFY DEFINITIONS FOR "FLOOR AREA, NONRESIDENTIAL," "FLOOR AREA, RESIDENTIAL," "NONRESIDENTIAL FLOOR AREA," AND "YARD REAR"; AND BY AMENDING THE "TEXT INDEX" TO CORRECT A CROSS-REFERENCE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title 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. 249 May 27, 1993 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. --- - --- --- - - -- -- -- -- ------------------------------------ -- 35. FIRST READING ORDINANCE: AMEND 11000 TEXT, ARTICLES 4, 9 AND 259 PERTAINING TO CLARIFICATION OF CROSS REFERENCING OF USES BETWEEN DISTRICTS AND REGULATIONS REGARDING COMMUNITY BASED RESIDENTIAL FACILITIES. ------------------------------------------- ------ Plummer: Move 12, on first reading. Commissioner Alonso: Second. Mayor Suarez: Yes, so moved and seconded. Read'the ordinance, please. Commissioner Plummer: Is that shorter? A. Quinn Jones, III, Esq. (City Attorney): A little bit. Mayor Suarez: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCEAMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING: "ARTICLE 4, ZONING DISTRICTS," TO INCLUDE CERTAIN COMMUNITY BASED RESIDENTIAL FACILITIES IN CERTAIN DISTRICTS AND UNDER CERTAIN CONDITIONS, TO PERMIT FAMILY CARE HOMES IN RESIDENTIAL DISTRICTS, TO PERMIT "HALFWAY HOUSES" IN CERTAIN DISTRICTS UNDER CERTAIN CONDITIONS, TO CLARIFY CROSS REFERENCING OF INTENSITIES AND USES BETWEEN DISTRICTS, AND TO ITEMIZE PERMITTED PRINCIPAL USES, PERMITTED ACCESSORY USES, CONDITIONAL PRINCIPAL USES, CONDITIONAL ACCESSORY USES, OFF-STREET PARKING REQUIREMENTS, AND SIGN REGULATIONS IN RESIDENTIAL DISTRICTS; "ARTICLE 9, SECTION 934, GENERAL AND SUPPLEMENTARY REGULATIONS;" BY AMENDING THE DEFINITION OF "COMMUNITY" BASED RESIDENTIAL FACILITY," AND THE GENERAL REQUIREMENTS, AND THE PARKING REQUIREMENTS FOR SUCH; AND "ARTICLE 25, SECTION 2502, SPECIFIC DEFINITIONS," TO ADD DEFINITIONS FOR: "ADULT CONGREGP.TE LIVING FACILITY," HALFWAY HOUSE,". AND "LODGING HOUSE," AND TO AMEND THE DEFINITIONS FOR: "COMMUNITY BASED RESIDENTIAL FACILITY," "NURSING HOME," "ROOMING HOUSE," "CONVALESCENT HOME,° "INSTITUTIONS FOR THE AGED OR INFIRM," AND "EXTENDED CARE FACILITY"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 250 May 27, 1993 Was introduced by Commissioner Plummer and seconded by Commissioner Alonso and was passed on its first reading by title 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. 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. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:08 P.M. ATTEST: Natty Hirai CITY CLERK Walter J. Foenan ASSISTANT CITY CLERK Xavier L. Suarez MAYOR C fi i * INCOKP (MATED ft6 lei 251 May 27, 1993