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HomeMy WebLinkAboutCC 2003-10-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, October 23, 2003 9:00 AM PLANNING AND ZONING [on web 5-11-04] (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Johnny L. Winton, Chairman Arthur E. Teele, Jr., Vice Chairman Angel Gonzalez, Commissioner District One Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes October 23, 2003 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES NON -PLANNING & ZONING ITEMS - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PA - PERSONAL APPEARANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS MEETING CALLED TO ORDER On the 23rd day of October 2003, the City Commission ofMiami, 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 9:09 a.m. by Chairman Johnny Winton. Present: Commissioner Gonzalez, Commissioner Regalado, Commissioner Sanchez and Chairperson Winton Absent: Vice Chairman Teele ALSO PRESENT: Joe Arriola, ChiefAdministrator/CityManager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE City ofMiami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Good morning, ladies and gentlemen. I'd like to call the Commission meeting -- what's the date today? What's the date? Commissioner Regalado: The 23rd. Commissioner Gonzalez: The 23rd. Chairman Winton: October 23, 2003 to order and as our first order of business, Commissioner Sanchez, would you do the invocation and Commissioner Gonzalez, the pledge. An invocation was delivered by Commissioner Sanchez, after which Commissioner Gonzalez led those present in a pledge of allegiance to the flag. Chairman Winton: OK. And now, for the best part of the day, I want to introduce to you our new Mayor of the day, Bernadette Pardo from Univision Channel 23, who is, in fact, our Mayor for the day. And man, I'll tell you, this is one heck of an improvement over the looks of the other Mayor. Bernadette Pardo: Never been kissed by the Mayor before. Chairman Winton: No. Usually, the Mayor doesn't kiss me, so that's -- that is another reason to be thankful. Commissioner Sanchez: And if he did, we'd start worrying about it. Chairman Winton: Bernadette is going to serve as our -- is also going to, as the Mayor does, almost at every Commission meeting, is going to serve as our official protocol officer for the morning. So, with that, Madam Mayor. Ms. Pardo: Thank you so much. Thank you and welcome. And it's my pleasure. It's my pleasure on this day to welcome you all. Again, it's my pleasure. And thank you all for coming, particularly those who are about to be honored for great service to the City. Chairman Winton: And we also have our Explorers out there. Y'all get to stay a little longer because your proclamations -- Commissioner Teele's going to give that presentation and he's running a little late. So, y'all get to hear and watch government in action and boy, I'll tell you, this is going to be a sight. You have the Explorers. Vice Chairman Teele: Explorers. Commissioner Sanchez: Yes. Chairman Winton: Like to go back to that? Vice Chairman Teele: IfI could? Chairman Winton: Yeah, absolutely. [At this time, Vice Chairman Teele presented proclamation to City ofMiami Fire Explorers.] PRESENTATIONS AND PROCLAMATIONS PR.1 03-0151 CEREMONIAL ITEM City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 MAYORAL VETOES Name of Honoree City of Miami Fire Rescue Explorers Post 780 Dr. Leonardo Rodriguez (did not appear) 03-0151- cover page Introduction of Bernadette Pardo, Telemundo Reporter, as "Mayor of the Day". Proclamation to the Miami Commission on the Status of Women - National Domestic Violence Awareness Month. Medallion to Eduardo Mendoza - Hispanic Heritage Council Presenter Commissioner Teele Protocol Item Proclamation Commissioner Regalado Proclamation Certificates ofAppreciation for members of the Abandoned Vehicle Task Force: Inspector Gregory Days Inspector Eduardo Montes Inspector Lazaro Orta Inspector Raghubir Sandu Officer Cesar Alas Officer Bill Clayton Office Wade Orner Hilda Riera PRESENTED NO VETOES CONSENT AGENDA CA.1 03-0091 RESOLUTION RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REFURBISHMENT OF SPORT COURTS AT VARIOUS CITY PARKS FROM VARIOUS VENDORS ON AN AS -NEEDED CONTRACT BASIS FOR THE DEPARTMENT OF PARKS AND RECREATION, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6941/2/04-1, EFFECTIVE THROUGH FEBRUARY 28, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS, IN THE AMOUNT OF $258,000, FROM THE OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION FOR FISCAL YEAR 2003-2004, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 03-0091- cover memo.pdf 03-0091- letter from MDC.pdf 03-0091- MDC contract award sheet.pdf 03-0091- MDC contract .pdf 03-0091- award under miami dade cty.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1118 CA.2 03-0094 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), FOR USE OF APPROXIMATELY 3, 000 SQUARE FEET ("AREA") WITHIN THE BUILDING ANNEX TO BE CONSTRUCTED BY THE CITY TO THE COMMUNITY CENTER LOCATED AT 3255 PLAZA STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS ELIZABETH VIRRICK PARK ("PARK"), TO OPERATE A PUBLIC LIBRARY FOR A TWENTY-YEAR TERM, WITH THE OPTION, UPON REQUEST OF THE COUNTY, TO EXTEND THE TERM OF THE AGREEMENT IN ANY INCREMENTS OF YEARS, UP TO TEN (10) YEARS, PROVIDING THE CITY A FEE OF A $1.00 PER YEAR, AND IN ACCORDANCE WITH THE OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 03-0094- cover memo.pdf 03-0094- budgetary impact analysis. pdf 03-0094- exhibit- interlocal agreement. pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1119 CA.3 03-0109 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF PROFESSIONAL SERVICES FROM PRINTRAK INTERNATIONAL, INC. (A WHOLLY OWNED SUBSIDIARY OF MOTOROLA, INC.), TO PROVIDE SOFTWARE AND TECHNICAL SUPPORT FOR THE IMPLEMENTATION OF A 311 CUSTOMER SERVICE REQUEST SYSTEM, UTILIZING EXISTING MIAMI-DADE COUNTY (" COUNTY") CONTRACT/RFP NO. 317, EFFECTIVE THROUGH DECEMBER 26, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE COUNTY, AT A PROPOSED City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 AMOUNT OF $258,200, ALLOCATING FUNDS FROM THE FEDERAL COMMUNITY POLICING SERVICES PROGRAM GRANT, ACCOUNT CODE NO. 142029.290521.6.840, FOR SAID ACQUISITION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 03-0109- cover memo.pdf 03-0109- budgetary impact analysis.pdf 03-0109- suporting documents 1 03-0109- supporting documents 2.pdf 03-0109- supporting documents 3.pdf 03-0109- award under Miami -Dade County.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1116 CA.4 03-0148 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ALICE YOUNG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALEXANDER YOUNG VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99-2994-CIV-JORDAN, IN THE AMOUNT OF $50,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6 .652, FOR SAID SERVICES. 03-0148-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1117 Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele END OF CONSENT AGENDA Commissioner Sanchez: All right. Let's rock and roll. City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: I guess I need my chair. I think we'll -- let the record show that there are no mayoral vetoes, and what I want to do this morning is, as the first item of business, do the CA ( Consent Agenda) items and then I want to go down to second reading ordinance on parades and demonstrations. So, we're going to do CA items and then we're going to go to the SR.2 item. Madam Manager, do we have anything on -- you have anything you want to delete from CA? Linda Haskins (Deputy City Manager): No, Commissioner. Chairman Winton: OK Anybody have questions on any of the CA items? Commissioner Sanchez: Mr. Chairman, I just have for a point of clarification, on CA-2. If we could pull that one out for discussion and approve the remaining CA items and then we'll go ahead and approve that one. Chairman Winton: You want to move everything but CA-2? Commissioner Sanchez: If there's no other Commissioners who want to discuss any of the items, I would more than gladly move. Chairman Winton: Need a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Let's go to CA-2. Commissioner Sanchez: On Item Number 2, I just want the administration to explain to me, this is -- it's a library. It's my understanding that the City's paying for the building to be occupied by the County facility. Why couldn't the library system pay for that portion of the building or what term of agreement was entered between the City and the County reference the library? Keith Carswell: Keith Carswell, Director for Economic Development. This was -- this transaction is separate from the existing agreement that we have with the library system. There was about a million three set aside for development of this project, and the County has expressed an interest in using a portion of the facility, about 3,000 square feet for the library system. One of things that's different from the existing agreement that we had with the County is maintenance. Maintenance has been a real issue, relative to our existing library systems. I think we've tightened this agreement up. I think that Commissioner Winton has worked with Commissioner Morales' office, where this agreement is probably better than the existing agreements that we have with the County. [Commissioner Teele entered the Commission Chambers at 9:25 a.m.] Commissioner Sanchez: OK But what's the difference of the agreement? We -- who does the maintenance? Mr. Carswell: The County is responsible for the maintenance. Commissioner Sanchez: The County is responsible for the maintenance of the library? Mr. Carswell: Correct. City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 PA.1 03-0031 Commissioner Sanchez: But it's in our facility? Mr. Carswell: Correct. Commissioner Sanchez: OK Chairman Winton: OK Need a motion on CA-2. Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Winton: Motion. Second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Commissioner Teele, good morning Vice Chairman Teele: Good morning, Mr. Chairman. PERSONAL APPEARANCES DISCUSSION ITEM MS. HATTIE WILLIS TO ADDRESS THE COMMISSION CONCERNING THE CITY OF MIAMI FIRE DEPARTMENT. 03-0031- letter NOT TAKEN UP PA.2 03-0138 DISCUSSION ITEM MR. LEROY JONES, EXECUTIVE DIRECTOR OF NEIGHBORS AND NEIGHBORS (N.A.N.A) TO ADDRESS THE COMMISSION CONCERNING THE SMALL BUSINESS PILOT PRGRAM. 03-0138- letter NOT TAKEN UP 11:00 A.M. PA.3 03-0139 DISCUSSION ITEM MS. NANCY POWELL, CHAIRPERSON OF THE MIAMI-DADE COMMUNITY RELATIONS BOARD TO ADDRESS THE COMMISSION CONCERNING THE "NO PLACE FOR HATE" CAMPAIGN. 03-0139a RESOLUTION City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE EFFORTS OF THE MIAMI-DADE COUNTY COMMUNITY RELATIONS BOARD AND THE FLORIDA REGIONAL OFFICE OF THE ANTI - DEFAMATION LEAGUE RELATED TO THEIR "NO PLACE FOR HATE" CAMPAIGN AND URGING ALL CITIZENS TO PARTICIPATE IN THIS CAMPAIGN AND UNITE TOGETHER IN APPRECIATION OF OUR COMMUNITY'S RICH DIVERSITY AND SHARED SENSE OF VALUES. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1130 Chairman Winton: How aboutRE.2? Resolution 2. OK. Do we have --I'm sorry. We have a personal appearance that was scheduled for 11 a.m. Ms. Nancy Powell from Miami -Dade Community Relations Board, did she -- I understand she is here. Excuse me. I'm sorry. We want to get to her. We're going to go to personal appearances. Sorry about that. Yes, ma'am. Name and address for the record, please. Nancy Powell: Nancy Powell, 2800 Island Boulevard, Apartment 1601, in Aventura, 33160. Morning. As a member of the Miami -Dade Community Relations Board and Chair of the No Place for Hate Campaign, it's my pleasure to introduce to you, with members of the City of Miami CRB (Community Relations Board), our CRB Initiative, which incorporates our mission of building a community of peace, tolerance and respect. No Place for Hate is a Countywide public awareness campaign designed to unite the Miami -Dade area by empowering individuals, organizations and communities to join together in promoting understanding and diversity. And we've partnered with the Florida Regional ADL (Anti -Defamation League) to direct and implement the campaign. Our plan is simple. It's to be proactive, rather than reactive, and the campaign will focus on education and training, community involvement and opening lines of communication. So we're asking you to please support the resolution by the City ofMiami to support the No Place for Hate Campaign, and I thank you for your time. Chairman Winton: Thank you very much. And do we have a resolution here? Is that what you just said? Ms. Powell: That is correct. You should have one on record. It was forwarded to the office. Priscilla Thompson (City Clerk): I don't have anything. Chairman Winton: Which office; do you know? Ms. Powell: It was forwarded -- a copy of the City ofAventura's resolution that had been passed was forwarded to your office, sir. Chairman Winton: To my office? Ms. Powell: In a packet, yes. It was a white No Place for Hate folder, had "CRB" and "ADL" on it. Chairman Winton: Did anyone call us and say, look, we want this resolution on -- Well, I can see that, but that doesn't mean that -- You don't know how much stuffl get that goes somewhere else. But did someone call my office and say, we want this on the agenda? City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Ms. Powell: Yes. I received confirmation, yes. Chairman Winton: Well, you received confirmation that you were a public appearance. My question is, did you specifically call my office and say, there's a resolution in here that we want you to get on the agenda with that? Ms. Powell: Yes, but, forgive me, I don't recall who I spoke to. I have the woman's name at home. Chairman Winton: OK. Well, we screwed up, obviously, then. So we're going to have to go and look for the resolution. Linda Haskins (Deputy City Manager): Excuse me. I believe it's in PA.3. Can you check PA.3 to see if that's what -- Vice Chairman Teele: Personal appearance? Chairman Winton: There it is. It is in PA.3, Madam Clerk. Ms. Powell: Thank you. Chairman Winton: Thank you. So we do have a resolution in front of us. Vice Chairman Teele: I so move. Chairman Winton: Thank you. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you very much, and sorry I had to keep you so long. Ms. Powell: Thank you. Chairman Winton: Bye-bye. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 03-0140 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE POVERTY INITIATIVE 03-0140 - discussion.pdf NOT TAKEN UP City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON DISTRICT 3 COMMISSIONER JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 03-0118 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jami Reyes Off -Street Parking Board 03-0118-memo.doc 03-0118-list-2.doc Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1120 Commissioner Regalado: D4.1 is a resolution. It was sent to me by Off -Street Parking Board. A resolution of the Miami City Commission appointing an individual as a member of the Off - Street Parking Board for a term as designated herein. The appointee nominated by Off -Street Parking Board is Cami Reyes. Chairman Winton: Need a second. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 D4.2 03-0141 DISCUSSION ITEM DISCUSSION ABOUT AN EMERGENCY ALLOCATION OF $152,000 FROM THE HOMELAND DEFENSE QUALITY OF LIFE BOND IMPROVEMENTS TO THE CURBS, GUTTERS, AND LANDSCAPE IN THE AREA OF SOUTHWEST 22ND TERRACE BETWEEN SOUTHWEST 29TH AVENUE AND SOUTHWEST 31ST AVENUE. 03-00141 - memo -1.pdf 03-00141 - attorney letter-2.pdf 03-00141 - proposal -3.pdf 03-00141 - backup letter-4.pdf 03-00141 - backup memo -5.pdf DEFERRED TO COMMISSION MEETING CURRENTLY SCHEDULED FOR NOVEMBER 13, 2003 AT 5 P.M. Chairman Winton: We're going to start. Commissioner Sanchez: Go. Let's go, let's go. Chairman Winton: I'll tell you when we're going to go. OK. We have a time certain item, which is PH.4, at 3 p.m. So that's what we want to start with, since it's 3 p.m. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes. Commissioner Regalado: I -- On District 4 page, I need to defer one and do a very brief resolution, and that's it. Those are my items. Chairman Winton: This is your blue page thing? Commissioner Regalado: Yeah. Chairman Winton: You're going to defer the first one? Commissioner Regalado: No. Defer the second one. Chairman Winton: OK. Commissioner Regalado: The discussion item. Chairman Winton: OK. Commissioner Regalado: To November 13, a time certain, please, if you can. Chairman Winton: You want to do your first one right now while the three of us are here? Go ahead. Commissioner Regalado: Yeah. Chairman Winton: We're ready. Commissioner Regalado: OK. I would like to defer, Madam Clerk, Item D4.2 for November 13, a time certain, 5 o'clock. Is that OK with you, 5 o'clock? City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Fine. DISTRICT 5 COMMISSIONER ARTHUR E. TEELE, JR D5.1 03-0149 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A JOINT PROJECT BETWEEN THE CITY OF MIAMI AND THE MODEL CITY TRUST FOR INFRASTRUCTURE IMPROVEMENTS FOR THE FLORAL PARK AREA AND THE MODEL CITY HOMEOWNERSHIP ZONE AREAS; ALLOCATING FUNDS, IN THE AMOUNT OF $2,000,000, FOR SAID IMPROVEMENTS, FROM A SOURCE TO BE IDENTIFIED BY THE CITY MANAGER. Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez R-03-1113 Chairman Winton: Do we have any other items? Vice Chairman Teele: Did my district item get done? Chairman Winton: I don't think -- Commissioner Regalado: No, you didn't. Chairman Winton: I don't know. Let's look. Vice Chairman Teele: Mr. Chairman, I would move D-5.1, authorizing a joint project between the City ofMiami and the Model City Trust. So moved. Commissioner Regalado: Second. Chairman Winton: Motion, second. Is this a public hearing? Vice Chairman Teele: No. Chairman Winton: OK. So we have a motion and a second. No other discussion. All in favor " aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. PUBLIC HEARING PH.1 03-0098 RESOLUTION City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELLSOUTH TELECOMMUNICATIONS, INC., FOR THE SUM OF $30,000, FOR PLACEMENT OF A REMOTE TERMINAL CABINET AND A SMALL POWER METER BOX ON APPROXIMATELY 1,022 SQUARE FEET, AS DEPICTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, ON MERRIE CHRISTMAS PARK, LOCATED AT APPROXIMATELY 3840 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, TO PROVIDE ADDITIONAL SERVICE NEEDS AT THREE LARGE TELEPHONE SERVICE AREAS, BORDERING LEJEUNE ROAD ON THE WEST, WOOD AVENUE ON THE NORTH, SUNRISE AVENUE ON THE SOUTH AND EAST TO BISCAYNE BAY. 03-0098-memo 03-0098-notice 03-0098-exhibit Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1122 Chairman Winton: And while we're on the PH's, let's -- that one was time certain, so why don't we go to PH 1, and we'll do the PH's. And then we'll go to -- Keith Carswell: Keith Carswell, Director for Economic Development. This is a granting of a non-exclusive easement to BellSouth. I'd like to also note that the consideration is thirty thousand, as opposed to twenty thousand, which is in your packet. Chairman Winton: OK. This is a public hearing. Anyone from the public like to speak on PH 1 ? Anyone from the public on PH 1 ? Being none, we'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PH 1. Chairman Winton: Motion. Commissioner Sanchez: Second. Chairman Winton: Discussion. Commissioner Sanchez: As amended. Chairman Winton: As amended. Any discussion? Not. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. PH.2 03-0106 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CANDY HOUSE DAY SCHOOL, INC., FOR USE OF SIX (6) PARKING SPACES WITHIN THE ORANGE BOWL STADIUM, PROPERTY LOCATED AT 1501 NORTHWEST 3RD STREET, MIAMI, FLORIDA, ON DAYS WHEN NO EVENTS ARE SCHEDULED TO OCCUR AT SAID FACILITY AT A USE FEE OF $150 PER MONTH PLUS APPLICABLE FLORIDA STATE USE TAX, AND SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 03-0106-cover memo.pdf 03-0106-public notice memo.pdf 03-0106-public notice.pdf 03-0106-exhibits.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1123 Chairman Winton: PH.2. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: It's a public hearing, also, right? Anyone from the public like to speak on PH.2? Anyone from the public on PH.2? Being none, we'll close the public hearing. We have a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. PH.3 03-0121 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "234 TOWER L.L.C. CONDOMINIUM PROJECT FUND"; AUTHORIZING THE ALLOCATION OF FUNDS FROM AFFORDABLE HOUSING TRUST FUND ACCOUNT NO. 367101, IN THE AMOUNT OF $1,000,000, AND THE APPROPRIATION OF SAID FUNDS INTO SAID SPECIAL REVENUE FUND; AUTHORIZING A GRANT IN THE AMOUNT OF $1,000,000, TO 234 TOWER L.L.C., TO DEFER COSTS OF DEVELOPING A 196 UNIT RESIDENTIAL/ COMMERCIAL CONDOMINIUM PROJECT KNOWN AS "THE LOFT", TO BE LOCATED AT 230-234 NORTHEAST 3RD STREET, MIAMI, FLORIDA, OF WHICH 102 OF THE UNITS WILL BE PRICED NOT IN EXCESS OF 90) NINETY PERCENT OF MIAMI MEDIAN SALES PRICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONTINGENT City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 UPON 234 TOWER L.L.C. PROVIDING EVIDENCE OF FIRM FINANCING FOR THE FULL PROJECT AND THE RECEIPT OF A FULL AND COMPLETE APPRAISAL OF THE PROPOSED PROJECT ACCEPTABLE TO THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. . 03-0121 - cover memo -1.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele Chairman Winton: PH.3. Keith Carswell (Director, Economic Development): I'd just like to note for the record that this is actually just reallocating money from the Affordable Housing Trust to this project, and funds that were previously approved through the Community Development Department Loan Committee for HOME (Home Investment Partnership Program) dollars are being taken away from this project. Chairman Winton: So we're taking away from one pool and putting back to another. Mr. Carswell: Correct. Commissioner Gonzalez: Move PH.3. Commissioner Sanchez: Second. Chairman Winton: Public hearing on PH.3. Public hearing on PH.3. Anyone from the public like to speak on PH.3? Being none, we'll close the public hearing. We have a motion and a second. Discussion. Commissioner Gonzalez: So move, PH.3. Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. PH4 is done. PH5 is -- did we -- Priscilla Thompson (City Clerk): I'm sorry, Chair. PH.3 is an ordinance for first reading, so we have to read the title and vote. Chairman Winton: Thank you. I was on the wrong roll. We have a motion and a second, and we've had a public hearing, and we've closed the public hearing. This is an ordinance, so would you read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. At this point, a roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 3:00 P.M. PH.4 03-0097 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DEOBLIGATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $276,500 FROM THE LOT CLEARING PROGRAM AND $790,000 FROM THE NEIGHBORHOOD ENHANCEMENT TEAM CODE ENFORCEMENT PROGRAM FOR A TOTAL OF $1,066,500; AND REALLOCATING OF SAID FUNDS TO THE BUDGET OF THE DEPARTMENT OF CAPITAL IMPOVEMENTS PROJECTS. 03-0097- cover memo.pdf 03-0097- advertizement.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1121 Chairman Winton: OK. Are we -- Y'all ready for PH.4? Unidentified Speaker: We are. Chairman Winton: Well, let's go. Commissioner Regalado: Well, what are we doing here? Chairman Winton: Hmm? Commissioner Regalado: What are we doing here? Chairman Winton: This is time certain, 3 p.m., de -obligating of 29th year CDBG (Community Development Block Grant) funds. Commissioner Regalado: OK. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. Basically, we are de -obligating lot carrying two hundred and seventy-six thousand, five hundred and net Code Enforcement, seven hundred and ninety thousand, and transfer net to the City ofMiami Capital Improvement Projects. It's a public hearing. Chairman Winton: OK. PH.4 is a public hearing. Anyone from the public like to speak on PH.4 ? Anyone from the public on PH.4? Commissioner Gonzalez: Move PH.4. Chairman Winton: Close the public hearing. Got a motion. Commissioner Sanchez: Second. I just have a question. Chairman Winton: OK. Yes, sir. City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Sanchez: Why wasn't the seven hundred and ninety thousand dollars ($790, 000) used? Ms. Rodriguez: The seven hundred and ninety was going to be used for a Code Enforcement Inspector. Commissioner Sanchez: And why wasn't it used? Ms. Rodriguez: It's not an allowable activity. Commissioner Sanchez: That's a very good reason why. All right. Chairman Winton: OK, any further discussion? Commissioner Sanchez: Call the question. Chairman Winton: This is a resolution? Commissioner Sanchez: Yes. Chairman Winton: OK. Motion. Discussion. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 3:30 P.M. PH.5 03-0108 DISCUSSION ITEM PRESENTATION CONCERNING THE PROPOSED CRA BISCAYNE BOULEVARD SPECIAL AREA PLAN AND PROMENADE PLAN PREPARED BY CONSULTANTS DOVER KOHL & PARTNERS. DEFERRED DEFERRED Chairman Winton: PH.5 has been pulled, so we'll go to the RE Section, which is resolutions. ORDINANCES - SECOND READING SR.1 03-0099 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES;" CHAPTER 10, ARTICLE I, ENTITLED "BUILDINGS - IN GENERAL" AND REPEALING AND CREATING A NEW CHAPTER 36, ENTITLED "NOISE" OF THE MIAMI CITY CODE BY ESTABLISHING FINES FOR VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES; ADDING NEW SECTIONS 10-6 AND 10-7, ENTITLED "BUILDING CONSTRUCTION, DREDGING AND LAND FILLING; PERMIT REQUIRED AND WHEN PROHIBITED" AND "BUILDING CONSTRUCTION, City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 CERTIFICATE OF COMPLIANCE; WHEN REQUIRED" TO PROVIDE FOR AND CLARIFY DAYS AND TIMES CONSTRUCTION, DREDGING AND LAND FILLING ACTIVITY IS PERMITTED, PERMIT REQUIRED AND ENFORCEMENT AUTHORITY AND CREATING A NEW CHAPTER 36 TO PROVIDE FOR AND CLARIFY NOISE PROHIBITIONS AND LIMITATIONS; PROVIDING FOR INCLUSION IN THE CITY CODE, SEVERABILITY, AND AN EFFECTIVE DATE. 03-0099 - cover memo-1.pdf 03-0099 -legislation 2 03-0099 - correspondence-3.pdf DEFERRED A motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, passed unanimously with Commissioner Sanchez absent, to defer item SR.1 to the meeting currently scheduled for November 25, 2003 at 5:30 P.M. Chairman Winton: OK, what's next? Commissioner Gonzalez: Can we take SR. 1 ? Chairman Winton: Oh, yeah, you wanted SR.1, didn't you? Commissioner Gonzalez: Yes. Mr. Chairman, I'm moving SR.1. This is the noise ordinance. Chairman Winton: SR.1 is noise ordinance? No, not on my thing. What's the noise ordinance? Commissioner Gonzalez: SR.1. Chairman Winton: Oh, I'm sorry. You're right. I was looking at the wrong thing. Oh, no, it's -- that's supposed to be at 5 o'clock, time certain. Sorry. Commissioner Gonzalez: 5 o'clock? Chairman Winton: Yeah. Commissioner Gonzalez: I'm sorry. Chairman Winton: Yeah. Sorry. Sorry about that. OK Chairman Winton: Thank you. Now, do I understand there's -- that we have another item that we -- that needs to be deferred? Unidentified Speaker: Yes. Chairman Winton: Am I hearing that? Vice Chairman Teele: Companion item. Chairman Winton: No. No, we voted on that companion item already. Mr. Maxwell: Yep, 21 and 22. Chairman Winton: (INAUDIBLE) Fran, noise ordinance is -- (COMMENTS OFF THE RECORD) City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: -- Mr. City -- no, no. Go to a microphone. You guys have to talk on the microphone. Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Vilarello: The item is a second reading 1 -- SR.1 on the agenda. Yesterday I disfributed to your offices a revision that I was going to recommend as to the noise ordinance. However, it was only disfributed to y'all yesterday and it's not part of the regular agenda. So we're looking to defer it to the next meeting so that the recommended changes are placed in the actual agenda packet so the public has notice of those changes -- those recommended changes. Commissioner Gonzalez: Mr. Chairman, move to defer. Chairman Winton: OK. We have a motion to defer. But as we've done with all the other items on motion to defer, there's a lot of people here. Are you representing the folks that are -- Alfonso J. Perez: Yes, Mr. Chairman. For the record, my name is Alfonso J. Perez, with the law firm ofRasco, Reininger, Perez & Esquenazi, with offices at 283 Catalonia Avenue in Coral Gables. I represent the Miami River Marine Group, all of which are great baseball fans, but they're very concerned about their families and they're here to voice their concerns. We are willing to work with the Commission to have another date upon which we could have, hopefully, a specially set date and a specially set hour so that you could hear our concerns. Chairman Winton: Great. But let's talk about them right now because we would be interested in doing the same thing. So, is there a specific date that seems to work for everyone? And we'll set it at the hour that makes -- that is convenient for y'all. Alejandro Vilarello (City Attorney): November 13th, special set at time in the morning. Chairman Winton: Well, let's ask -- is morning or afternoon better for you all? Unidentified Speaker: This time is the best time. Chairman Winton: Yeah. Not morning, afternoon. Five o'clock? Unidentified Speaker: Five o'clock. Chairman Winton: Do we already have a time certain at five o'clock on whatever that date is? Mr. Vilarello: November 13th is your next City Commission meeting. I don't know -- Chairman Winton: Well, is it November 13th that we're -- Mr. Vilarello: -- if we have any time certain items. Chairman Winton: -- angling for? Mr. Vilarello: Pardon me? Chairman Winton: Are we angling for November 13th? Mr. Vilarello: Yes. City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: OK. Fine. So -- and what did you say, then, about five o'clock on November 13th? Mr. Vilarello: It's at the discretion of the City Commission. Typically, we do it 10 o'clock in the morning so it'll be the first item taken. Commissioner Gonzalez: It'll be on the regular agenda. Mr. Vilarello: It's up to you. Commissioner Gonzalez: It won't be on Planning & Zoning. Chairman Winton: No. That isn't the question. Do we already have an item scheduled time certain at 5 p.m. -- Unidentified Speaker: No. Chairman Winton: -- on that date? Commissioner Regalado: Yes, we do. Chairman Winton: That's whatl thought. Commissioner Regalado: Yes, we do. We have -- Chairman Winton: Do you recall what it is? Commissioner Regalado: -- a -- Chairman Winton: Is it a long item? Commissioner Regalado: No. It's a CIP (Capital Improvements Program) project, which can be moved to 4:30. Twenty-second -- Chairman Winton: Or maybe we could do this at 5:30. Commissioner Regalado: -- 22nd Terrace. Mr. Perez: Five -thirty is fine. Commissioner, just -- Chairman Winton: OK. We'll do it at 5:30. Mr. Perez: -- just to give you a heads up so we're all prepared. First of all, I'd like to thank, publicly, Mr. Vilarello for meeting with our group on a number of occasions and hearing the concerns of the people that are here before you. The second to the last draft, not the current draft, second to the last draft of this ordinance had an exemption from the noise ordinance, as it pertains to the marine industry. Conspicuously absent from this draft is such an exception, and that's why these folks are here. Chairman Winton: OK. Mr. Perez: So if we can work towards understanding why, then we'll have a meaningful -- Chairman Winton: So, the idea here is to -- between now and then, y'all are going to go back to City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 work with our City Attorney and staff -- Mr. Perez: I'd be delighted to do that. Chairman Winton: Great. Mr. Vilarello: Mr. Chairman, just so we correct the record. There was never a draft that have approved that included an exemption for marine industries. Mr. Perez: We saw a draft. I mean, I didn't say he approved it. Chairman Winton: OK. Mr. Perez: This was contemplated draft. Chairman Winton: OK. Mr. Perez: Yeah. Chairman Winton: OK. So -- Commissioner Regalado: So, are we -- we are not doing the noise ordinance today? Chairman Winton: No. We're going to defer it to November 13th at 5: 30 p.m. Commissioner Regalado: OK. I have one question that asked the City Attorney and think it's a fundamental issue. This includes the neighborhood, which, of course, I think is the main issue, the issue of the river. It's Angel's and the industry and the (INAUDIBLE). But complaints we get everyday in my office are related to noisy neighbors and, you know, parties going on and cars with boom box, and all these. People doing mechanics. Listening to the -- and bothering people . This ordinance address that, you told me. Mr. Vilarello: Yes, sir. Commissioner Regalado: Right. Then I asked you, who is going to enforce this ordinance? Will Code Enforcement or Police? My question is: If my neighbor is really going at it at 11 o'clock, 11:30, midnight with a party and CD (compact disc) volume, should I call 911 or should I write a -- make a citizen's arrest? Because ifI call the regular number of the police, how long it would take for a police officer, who is on call all the time, to get there, since we do not have Code Enforcement Inspector at midnight? And that's the question I think should be addressed from here to where we discuss that because I didn't really understand how are we going -- ifI can make a citizen's arrest, I'll go out and arrest the guy. It's fine by me. But, you know, we're going to have a situation where the people are going to lose some -- the City is going to lose some credibility because you call the police, it doesn't show for an hour, it isn't worth it. So -- Commissioner Gonzalez: If -- may I respond? This is an issue of quality of life for the residents of the City ofMiami, for the taxpayers of the City ofMiami. And it is an issue that is affecting residents, and taxpayers, and property owners in the City ofMiami that are not being respected, that are being disrespected and being treated like the worst in this City, OK. And together with the ordinance, we have to have a mechanism to be able to enforce the ordinance. Andl can promise you that we're going to have a mechanism to make sure that we enforce this ordinance. Because what has happened in the City ofMiami is that we have lacked leadership throughout the years, and we have let things ride, and ride, and ride, and ride until they have gotten totally, totally, totally out of control. Totally out of control, you know. We have people that cannot sleep in their homes. We have people that are sick in bed and are calling me at 6 a.m. in the City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 morning, and are calling me at 12 -- at midnight because they can't sleep, you know, and it's -- let me tell you. It's very sad that you buy a property. You pay a mortgage for 30 years. You pay taxes to this City, and you cannot sleep in your own home, and you cannot rest in your own home . That's very sad. That's very, very sad. And I believe that if we taking this City to a different course than what it has been for the last, who knows, 30 years, I mean, we're going to have to really get on it, you know, and get it done. So -- Commissioner Regalado: No. I -- Commissioner Gonzalez: But -- Commissioner Regalado: You know, I agree, Angel. Of course, I agree. But you may have been informed of the mechanism to enforce this. I have not been informed of the mechanism. Commissioner Gonzalez: Well, we -- there was a meeting last week where there were inspectors from Code Enforcement, Fire. A mechanism is being organized to address not only this issue, a hundred other issues that we have in the City ofMiami, where you have cafeterias running as bars. And, you know, and you go by those places -- Commissioner Regalado: Yeah, but -- Commissioner Gonzalez: -- and you hear the music ten blocks away, you know. Chairman Winton: OK. Commissioner Gonzalez: It's a total disorder. I mean, there are sectors of this City where -- Tomas, and you know it. You know it better than I do. There are sectors in this City that are total chaos. I mean, what is going on here is totally out of control. Chairman Winton: OK. Commissioner Regalado: No. I -- Chairman Winton: Hold on. Hold on. Hold on. Commissioner Regalado: I just wanted -- Chairman Winton: Hold on. Commissioner Regalado: -- to say, you know about this meeting. I don't know. I don't have any information. I'm just asking about the mechanism. Chairman Winton: And I've got -- the question has been asked about how we're going to enforce, so we need to make sure that staff understands that that's a critical question for all of us . And I'm sure that, at the next meeting, y'all will be able to explain to all of us how -- whatever ordinance -- anytime we pass an ordinance that has enforcement provisions in it, how we're going to enforce those provisions. So -- Commissioner Regalado: I have another -- Chairman Winton: -- we have a motion and a second. Commissioner Regalado: -- the last question for the next meeting. Chairman Winton: OK. City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: Car alarms, are they included? Mr. Vilarello: Yes. Car alarms will be addressed. There are requirements for long-lasting noises and noises which are just for a brief moment if they exceed certain levels. Commissioner Regalado: OK. But anything that goes beyond, maybe 30 seconds, 45 seconds will be addressed? Chairman Winton: Well, I think that we -- excuse me. I mean, either we're going to debate this and go through the whole thing right now or we're going to let them bring it back to us and explain all this stuff to us. Commissioner Regalado: I know but I asked those questions to the City Attorney, which is the one that -- Chairman Winton: Before, you mean? Commissioner Regalado: -- inform me. And they didn't have -- he didn't have the answers. Chairman Winton: OK. Commissioner Regalado: So I'm putting this on the record -- Chairman Winton: Great Commissioner Regalado: -- so next time -- Chairman Winton: We need the answer. Commissioner Regalado: -- you come with the answer. Chairman Winton: Yeah. OK. Great. OK. We have a motion and a second on continuance of this item to -- I forgot. Mr. Vilarello: November 13th at -- Chairman Winton: November 13th -- Mr. Vilarello: -- 5:30. Chairman Winton: -- 5:30 p.m. time certain. So -- Lucia Dougherty: Would this be a continuance of the first reading or the second? Mr. Vilarello: It's technically deferral of the first reading, and I'm asking you to consider a recommended change. Commissioner Gonzalez: Mr. Chairman, if you allow me. Chairman Winton: I don't know what that means. Commissioner Gonzalez: You know, think -- and this is just my opinion, OK Just listening to my colleague, Commissioner Regalado, I think that this would be better if we deferred this, not for the coming meeting, but for the next meeting to make sure that we have the mechanism that City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 we're talking about that the Manager told me that they're working on, so that we have everything set up and we -- and the City Attorney and the Manager can brief all the Commissioners and these guys. And at the time that we're ready to discuss this item, every -- all the Commissioners know exactly what's going on, what we're going to do, and what is the proposal all about, and what is this going to address. So, if you don't have an objection, instead of doing it the next meeting, I suggest that we do the first meeting in December -- I'm sorry, the second meeting in December. Mr. Vilarello: Second meeting in -- Commissioner Gonzalez: In November. I'm sorry. In November. Mr. Vilarello: November -- the second meeting in November is the 25th of November. Commissioner Gonzalez: That'll be fine. Mr. Perez: That's Thanksgiving. He said the second meeting in November. Is that -- Commissioner Regalado: No. Thanksgiving is the 27th. Mr. Vilarello: Second meeting in November is the 25th. The City Clerk can correct me, if I'm wrong. Priscilla A. Thompson (City Clerk): That is correct. Commissioner Regalado: It's a Tuesday. Thanksgiving falls on a Thursday. Mr. Perez: Yes, sir. What time? Five -thirty again? Chairman Winton: Five- thirty's fine. Mr. Perez: OK. Chairman Winton: If that time is good for you -- you know, we'll pick a date that works, but 5:30 works. Mr. Perez: We would have preferred the 13th but the 25th will work -- Chairman Winton: OK. Mr. Perez: -- for us, and we will work with the City Attorney. Chairman Winton: OK. Great. So, now we have a motion -- do we have a motion now -- Commissioner Gonzalez: Yes. Chairman Winton: -- for a date? On the -- which is November 25th, you said, at 5:30, OK. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. See y'all in November. Mr. Perez: Thank you. Chairman Winton: Thank you. City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 SR.2 03-0100 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND DEMONSTRATIONS, AND PROVIDING FOR SUNSET OF SAID REGULATIONS AT MIDNIGHT ON THURSDAY, NOVEMBER 27, 2003; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0100- cover memo.pdf 03-0100- legislation.pdf A motion was made by Commissioner Sanchez, seconded by Commissioner Gonzalez, and passed unanimously that this matter be DENIED. 03-0100a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0100a - memo -1.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Direction to the City Manager: by Vice Chairman Teele to schedule two publicly noticed hearings between today and November 13, 2003, in conjunction with the Police Department and the Community Relations Board (CRB), in connection with the Free Trade Area of the Americas (FTAA) and proposed ordinance on Second Reading regarding demonstrations and parades; further insfructing the Manager to hold one of the public hearings in the Commission Chambers and that it be televised. Direction to the City Manager: by Chairman Winton to coordinate in conjunction with Miami - Dade Community College a series of public forums to discuss concerns about the FTAA; further insfructing the Manager to coordinate this effort at a venue in Miami -Dade County. Direction to the City Manager: by Commissioner Regalado to allow the conference ministers to use the James L. Knight Center for one day to have a forum to explain to the media and other interested individuals their perceptions of the FTAA. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Direction to City Manager: by Vice Chairman Teele to schedule a meeting with the demonstrators and the FTAA Secretariat to make available any public city park or facility and waive fees for said meeting. Chairman Winton: And, Madam Manager, we're going to go to SR.2. So, do you have -- staff ready? Who's doing the presentation? (INAUDIBLE COMMENTS) Brenda Shapiro: Good morning, gentlemen. Chairman Winton: I'm just kind of sitting here. I thought -- yes, ma'am. Ms. Shapiro: I was kind of standing out there. Chairman Winton: I was just kind of looking. Yes, ma'am. We need your name and address for the record also, please. Brenda Shapiro: Yes. My name is Brenda Shapiro. I'm happy to say that live at 1861 Southwest 21st Terrace, which is in Shenandoah, andl chair the City ofMiami Community Relations Board. With me is the Vice Chair of the board, Jack Blumenfeld, who stands next to me. And I want to begin by saying that having been charged with an awesome responsibility, with the assistance ofMr. Blumenfeld, Miguel Del 0, who is a lawyer and member of the CRB ( Community Relations Board), with the excellent CityAttorney's Office and their support, and the Police Department itself, we were charged with the responsibility of taking a look at the ordinance adopted on first reading by this body to deal with public assemblies and parades. We kept in mind at all times that the rights of demonstrators needed to be protected, the safety of our citizens and their property needs to be protected, police need to be protected, and we wanted to have an ordinance that we felt could stand up in any court of law, if tested. That was our role. And to bring that about, Mr. Blumenfeld sought input from the various groups who seek to demonstrate and have sought permits from the City ofMiami. I think we would all agree that not everybody who plans to demonstrate seeks permits, and our kids do not seek permits and we have been told loudly on the web and every place else that we will be visited by such people. There was an ordinance on these books for 25 years. People who demonstrate don't throw flowers anymore. They do other things. And keeping in mind the protection of everybody's rights and an ordinance you would be proud to say was a City ofMiami ordinance, and having input from community groups who have a vested interest in seeing that this is a commendable ordinance, we met with the CityAttorney's office, with members of the Police Department. We gave them input that we had received from groups such as the AFL-CIO (American Federation of Labor - Congress of Industrial Organizations), the Amnesty International, the Workers Center, and the ACLU (Americans Civil Liberties Union), amongst others. We invited commentary. And the ordinance you have before you, we believe, meets the criteria that you asked us to be sure would be presented to you. At first reading, there was an attempt and you all adopted it, to sunset this ordinance. But we have a lot of faith in the City ofMiami and we believe that we can have the Democratic convention, perhaps, in the future. We can have the Republican convention in the future. We can have large concaves -- conclaves, where there will be people who will want to demonstrate. This is an ordinance for the long haul and we would hope that you would accept the very good work done by the CityAttorney's Office, the Police Department, and I say with no humility intended, the Community Relations Board. Do you want to add to that? Unidentified Speaker: No. Chairman Winton: And thank you all. And, Jack, are you going to comment? City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Jack Blumenfeld: No. I just want to join in that -- in the -- Chairman Winton: Could you put your name -- Mr. Blumenfeld: Oh, I'm sorry. Jack Blumenfeld, 9130 South Dadeland Boulevard. I want to echo the -- my chairperson's remarks. We were tasked with frying to get an ordinance that would be drawn as tightly as possible so as to give the greatest amount of expression to people who wish to demonstrate and wish to be heard at any time. I would also add that this would apply, as I've said before, to our World Series championship parade, because I'm a believer, and I think that this is the best that can be done. There have been significant changes, that I'm sure you're aware of. I also would like to say that I am pleased that I was -- had the opportunity to meet with a number of people, who, frankly, will speak today and who are opposed to an ordinance, but who were still gracious enough to meet with me and to give me their insight as to their problems with it. Thank you. Chairman Winton: Thank you very much, Jack. Maria Chiaro (Assistant City Attorney): Mr. Chairman. Chairman Winton: Yes, ma'am. Ms. Chiaro: Procedurally, just to make the record clear, what is before you in the agenda packet is an ordinance that was passed on first reading. It has prohibitions included in it that the CRB has asked to be removed. So, when both of these representatives are discussing this ordinance, as they mentioned, they are referring to, I believe, an alternative to that, which is in your packet. It is a draft of an ordinance, as an alternate to what the City Commission approved on first reading. Chairman Winton: But which is in our packet, the alternate? Ms. Chiaro: But which is in your packet. So, if you wish to consider the alternate ordinance, you must first deal with the ordinance that is in your packet, either approve it or reject it. And then, if you wish to discuss the alternate as presented by these representatives, then you can discuss that. Chairman Winton: Well, let me ask you another question. Is the alternate considered a substantial deviation from the first? Ms. Chiaro: Yes, it is. Chairman Winton: OK So, if-- when we -- if we go to the alternate, then it will be a first reading ordinance. Ms. Chiaro: Yes, it will. Chairman Winton: OK Thank you. It seems to me -- Commissioner Regalado: Excuse me. Chairman Winton: Yes, sir. Commissioner Regalado: Question. How can it be a first reading? Chairman Winton: If you go to the alternate ordinance. City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: Yeah. Ms. Chiaro: If you reject -- Commissioner Regalado: No, no. I understand that. I thought that if we are going to deal with an alternative, it had to be an emergency ordinance, because the next Commission meeting, would be on November 13, something like that, is that -- so, it's first reading and then second reading in November 13th? Ms. Chiaro: That's correct. With an immediate effective date, if you pass it on November the 13 th. Chairman Winton: This is a public hearing. And it seems to me that we would like to -- and I will let me colleagues chip in here -- but it seems to me we ought to open the public hearing, get comments from the public and then we'll debate the pros and cons of one or the other of the alternates. So, this is a public hearing. Anyone from the public like to speak on this item, I would like for you to come to -- is there a computer on this mike? That's OK, though? You can come to either microphone or both microphones. We need your name and address for the record . And the public comments will be limited to two minutes each. And Madam Clerk, would you make sure you keep the time on the clock? So, again, we need your name, address for the record, comments, two minutes each. Pull the microphone. Max Rameau: Max Rameau, 6127 Northwest 7th Avenue. Point of clarification. Which one are we doing the public hearing on? Chairman Winton: I think that you had an opportunity -- Mr. Rameau: Because you can distribute -- OK. Chairman Winton: You have an opportunity to comment on either one, because we haven't made any decision about anything yet. So, as an example, Max, if you wanted to do or any of you who are going to speak, if you feel strongly that you're in support of one or strongly in support of two, or don't like either one, you know, that can be a part of your comments. OK. Anyone from the public like to speak on this item? But y'all need to come up and come to the microphones. I don't want to be calling you out of the chairs one at a time. So, if you're going to speak, please come to the microphones and get in line so we can move this process along. Thank you. Yes, ma'am, need your name and address for the record. Melodie Haifa: Sure. My name is Melodie Haifa, my address is 808 South K Street, Lake Worth, Florida, 33460. Thank you for hearing me. I am representing the Lake Worth Global Justice Group and we're building puppets for the demonstrations into the Free Trade Area of the Americas and definitely in opposition to this ordinance for many reasons. You're restricting our free speech rights and our Bill ofRights. You're violating our constitutional rights by not allowing us to colorfully and visually resist this FTAA (Free Trade Area of the Americas) demonstration. I hope that you understand that these puppets and things that we're making are colorful, visual metaphors that everyone can see. They're very large. Some people have stilts and these huge, large puppets. The reasons why they're so large and big and colorful is that -- so that -- for many reasons. One is we're going to be very far away from these meetings. And, so, if there's any chance of someone looking out the window from this hotel that they can see visually what we're frying to say. And also that it's a visual representation, so you don't need to be literate. You don't need to speak a certain language to see what we're frying to say. And, of course, 35 countries are affected by the FTAA. I have some photos of these things that I could pass around to you all. Chairman Winton: Give them to the Clerk and she'll pass them around. City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Ms. Haifa: So, I hope that you will please not pass this ordinance. Thank you. Chairman Winton: Thank you. Barbara Laxon: Hi. My name is Barbara Laxon. I live at 1778 Southwest 85th Avenue, in Miramar. I'm representing myself as well as the Broward Green Party. I want to speak to two points. One being that these ordinances are specifically directed to certain particular protests, which, if not unconstitutional, are certainly, you know, unfair. Does not speak to the -- its intent of the constitution that we should have the opportunity to protest any and all governmental regulations, et cetera. The other point being that some of the particulars in this ordinance are totally, you know, to me, ridiculous. Anybody walking down the street on a normal course of events would be subject to arrest under some of the conditions of this ordinance. So, yes, I'm very much against the ordinance in any shape or form that I have seen so far. OK Thank you. Chairman Winton: Thank you. Henry Harlequin: My name is Henry Harlequin, 111 South K Street, Lake Worth, Florida. And I'm here to address the City Council with my belief that I believe that this ordinance is a case of flagrant political profiling; thereby executing the people involved in the demonstrations against the Free Trade Area of the Americas for their political beliefs, which is patently unconstitutional. Furthermore, our Bill ofRights guarantees us our freedom of expression, freedom of speech, and freedom to assemble, to address grievances against the government. Our government is trying to put our country and our jobs, our natural resources on the auction block to multi -national corporate interests. I represent a group called Grassroots Against Corporate Empires. And I would say that this Commission, in passing an ordinance like this, biasing the police and other law enforcement agencies against our ability to exercise our Bill ofRights guarantees means that y'all are also endorsing the ability of these multi -national corporations from United States, Canada, and throughout Latin America to be able to put our natural resources, our jobs on the corporate auction block. Our speech has been severely limited by the corporate biases of the media. Most media in the United States have board members from different nuclear arms manufactories; other people whose fiduciary responsibility to their shareholders holds them at distinct variance with our opinions that we, as a people, should be self -determining and have real democracy. These stilts, puppet, and large signs have been developed as one of the few tools left to us and traditionally, they're simply used as something to help us to express ourselves and to get the eye of the public through the corporate media. Without these tools, we will be even more marginalized than we already have been. Chairman Winton: Your time is up. Mr. Harlequin: Oh, it's been two minutes. Chairman Winton: Yes, sir. Thank you. Mr. Harlequin: Thank you very much. Chairman Winton: Thank you. Yes, ma'am. Lisa Fithian: Good morning. My name is Lisa Fithian and I'm actually from Austin, Texas. I'm a National Steering Committee member of a group called United for Peace and Justice. Chairman Winton: We need your address, though, not -- Ms. Fithian: 1405 Belmont Street, Austin, Texas 78704. United for Peace and Justice is a coalition of over 650 groups across the country, many small groups and large organizations, City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 and we're planning to have thousands of our members here in Miami to oppose the Free Trade Area of the Americas. We actually believe that democracy is the key issue here. We are being shut out of the discussions and the debate at the FTAA and now we feel like we're being shut out of our discussions and opportunity to raise our voices in -- here in Miami. This ordinance, I believe, is part of an ongoing campaign to criminalize our movement and silence our movement of hundreds of thousands, if not millions of people across the hemisphere; ordinary, working people, right, who are trying to have a decent life, and healthy environment, and we're cut out of this process. Ordinances like this, I believe, are designed to continue to silence that movement and to have a chilling effect on people's ability to participate in a democratic process. When they hear that they're not welcomed to come with their signs, their visuals to Miami -- I mean, to be honest, I actually haven't even seen the second ordinance. It's not even available to me here to see this. I'd love a copy, if somebody has it. But what I do know is that I think, aside from the specifics, the intent is sending a message to people that they're not welcomed to Miami, unless they have billions of dollars of corporate money; unless they're, you know, part of a corporate trade minister. Ordinary people are not welcomed here. Their voices aren't wanting to be heard and that you're, in fact, frying to silence our participation and, I believe, our critical values and beliefs about what this country could be. So, I urge you to not pass the first ordinance or the second ordinance; to actually pass a resolution to oppose the FTAA coming to Miami and to open the doors for -- Chairman Winton: Ma'am Ms. Fithian: -- various diverse debate here in the City. Thank you very much. Chairman Winton: Thank you. (APPLAUSE) Chairman Winton: Excuse me. No -- you know, I don't want clapping pro. I don't want clapping con. Just -- we just want to run a -- keep everybody nice and rational here. Yes, sir. Alan Kobrin: Yes. My name is Alan Kobrin. I'm representing the Miami -Dade Green Party, the Green Party of Florida and the International Committee of the Green Party of the United States. I'm at 2414 Coral Way, Miami. I have a quote here. "All of humanity has a shared interest in opposing trade agreements that threaten to exacerbate rather than eliminate the great global threats to our human well-being. Reckless exploitation of people and environment, operating under the deceptive banner offree frade, multi -national corporations are working hard to expand the control over the international economy and undo vital health, safety and environmental protections won by citizens movements across the globe in recent decades." These are the words of Ralph Nader, the Green Party candidate for President 2000, who, had he been allowed to be on the presidential debates, would have said that neither of the other two candidates were even discussing the trade agreements that are going on. The United States has not been able to hear, not only in the presidential debates has the FTAA issued the other side of the issue been silenced, but also in the congressional debates on the TV and in the newspapers. The only thing left to us, unfortunately, is the streets. And so while some people may be angry -- because there are millions of people who are opposed to this -- and not just opposed, people would like to change it. What we want is a fair frade arrangement, not a free trade arrangement, one that considers everybody on an equal basis. There are many problems with the agreement and there has not been an opportunity in our society for people to hear what's been going on. So, what I would like to say, rather than get everybody in Miami afraid of what's about to happen, to stay at home and watch on TV, we invite you to come to the many workshops and forums and panels. Whose coming to Miami in November are educators and informers, not reckless people. And you can bring your families to the many debates and the many events that will inform you what are the true problems with the FTAA and why millions of people are opposed to it around the hemisphere. Thank you. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Thank you. Max. Mr. Rameau: Thank you, Max Rameau, representing Miami Workers Center 6127 Northwest 7th Avenue. Thank you for letting me be here. I think we're in a very unusual situation here, where we have to comment on two separate proposals -- proposed ordinances, one of which many people have not seen; one of which we thought was dead and is now, apparently, still alive. So, that puts us in a very difficult situation. However, nonetheless, we still have issues with both of the proposed ordinances. Either one, which raises strict limits on what we can do, our ability to move and our ability ultimately to express ourselves. The way written, the first one, the original, which already passed through first reading, states that any combination of three people, whether -- and people is defined as a human being, an animal, or a vehicle -- any combination of three people constitutes a demonstration. So, to me, driving down the street with a dog in my car, under the ordinance would constitute a demonstration. So, the police could stop me for having a demonstration without a permit, pull me over, and if they find a marble in my car, according to the ordinance, they can arrest me for having an illegal demonstration. This not only has real strict restrictions around what can happen around -- during the FTAA, but we feel can be used as a tool by the police to further harass and criminalize, particularly, the black community. Two black men playing checkers with a dog nearby, with a glass of milk or a glass of water, or a bottle of beer would also be subject to the exact same rules. The second ordinance is not, we feel, all that much better, because while it reads -- and again, we're forced to comment on two -- what the City Attorney has described as substantially different bills, but the second one defines a parade as any two people trying to get attention. And then outlaws a whole series of things, including water balloons and bricks and things like that. So, under that definition, a children's birthday party, at a City park, would qualify as a parade. So, if they're having a water balloon fight -- children are having a water balloon fight in a park during a birthday party, the police should go in, break that up and arrest them for having an illegal parade. Chairman Winton: Your time's up, more than up. Julia Daniel: I was going to give him my time. Chairman Winton: I'm sorry? Ms. Daniel: My name is Julia, and I was going to give him my time. I'm signed up next. Chairman Winton: You're going to give him your what? Ms. Daniel: My two minutes. Chairman Winton: Oh, OK. Go ahead. Mr. Rameau: And so we are concerned about the way this is going to be used. Chief Timoney, himself has stated that only two percent of the people coming for the FTAA demonstration, he expects to violate the rules. And so, I think it's unfair, inherently unfair to have a law which is going to apply to a hundred percent of the people, but it's only targeting two percent of the people. And not only is it only targeting two percent of the people during the FTAA, but is going to affect a hundred percent of the people a hundred percent of the time after the FTAA. This law, even though it would restrict things like bricks and poles, which would have an incredible effect on, for example, the Miami Book Fair, where you have tables with signs, which are held up with metal poles, which are outlawed in this ordinance, and vinyl signs, which are also outlawed in both ordinances, and people often use bricks to hold down their papers and books to make sure they don't fly away. My guess is the police will not enforce this ordinance at the Miami Book Fest, even though the law is supposed to be applied equally to everyone. As a result, this ordinance is discriminatory, discriminates against people who are against the FTAA. And when City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 the FTAA is out of town, my guess is that this law will be used against people who are protesting in support of Haitian refugees, who are protesting against police brutality and who are protesting federal raids of private homes in Little Havana. So, we're very concerned about both versions of it. And the problem in the bigger picture is that this law is written in the tunnel vision of Seattle. This is not taken into account any reality outside of Seattle 1999. Ultimately, it is already, today, against the law to attack a police officer. So, if the objective of this is to protect police officers, that is already in place. We don't need any additional laws to protect that. So, we are opposing both of the ordinances. Thank you. Chairman Winton: Thanks Max. Next. JanetMcAliley: My name is JanetMcAliley. I live at 3 Grove Aisle Drive, Apartment 807, Miami, 33133. I'm here speaking for myself as a citizen ofMiami and not for any of the organizations I'm involved with. I attended a meeting last night in the Metro Commission chambers, sponsored by the League of Women Voters, the Collins Center and other organizations that are prominent in the state regarding the FTAA meeting and the issues that it brings forth for public discussion. I don't know a lot about the FTAA and I went to inform myself . And what I learned is that there are legitimate issues, both for and against the FTAA and the issues that it embodies. I urge you to have an ordinance and an atmosphere in the City ofMiami that respects those who are proponents, as well as those who are opponents of this very important issue for the City and for the whole hemisphere. Some of the comments I've heard today and at other times indicate that we expect that all the opponents will be rock throwers, or marble throwers, or anarchists, and that's not true. There are a lot of legitimate opposition to this. And so I urge you, my City fathers, to make sure that this City respects the thinking of all people who will come here. If they break the law, if they do property damage, that's OK. Chairman Winton: Janet, your two minutes are up. Ms. McAliley: All right. Thank you. Chairman Winton: Thank you. Next. Anyone else? Yes, ma'am. Bobbie Brinegar: Hi. My name is Bobbie Brinegar, at 625 Almeria Avenue, and I'm speaking as a citizen and not as president of the League of Women Voters. But I would like to speak in opposition of the first ordinance. And in terms of this second ordinance, I haven't -- like the woman in Texas, had the opportunity to be able to look at this second ordinance. But however, I'm really interested in a proposal that a group, like the group that Max is representing, the proposal that they would make to manage the protesters in this City, that they think would be absolutely fair to all concerned and yet protect the interest of our City and our community. Thank you very much. Chairman Winton: Thank you. Anyone else from the public? I don't want to -- I'd like not to repeat this again. If y'all want to speak, please come up and get in line so we don't have to pull you out one at a time out of the audience, please. We have a long agenda today. Yes, ma'am. Leslie Kauffman: Yes. My name is Leslie Kauffman. My address is 205 West 54th Street, New York, New York 10019. I'm the National Mobilizing Coordinator for United for Peace and Justice. I want to elaborate on my colleague's comments a few moments ago. We now have had a chance to give a very quick, hasty reading to the alternative draft. United for Peace and Justice, a major national coalition of more than 650 local, national, and regional peace and justice groups, is strongly opposed to both versions of the ordinance, both of which -- again, we've only had time for a quick reading -- but clearly seem to be discriminatory in intent, and designed to limit freedom of expression. I'm certainly struck by the definition of a parade, as a coordinated movement of two or more pedestrians with an intent of attracting public attention. I think a lot of the flashier dressers ofMiami might be a little disturbed to know that if you're City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 walking with somebody else in a manner designed to attract public attention, you're part of a parade and subject to a whole host of additional restrictions. In a very fundamental sense, what I think is happening here, both in microcosm and macrocosm is an attempt to resfrict democracy, because the clear mandate from millions of people across the hemisphere is against the FTAA. And this ordinance is part of a larger move to resfrict our freedom of expression in order to push through a trade agreement that is overwhelmingly unpopular. I urge you to please oppose both versions of this ordinance. Thank you. Chairman Winton: Anyone else from the public? I would like to repeat this the last time. If you're going to speak, please come stand in line or I'm going to close the public hearing when the next person isn't there. Yes, ma'am. Naomi Archer: My name is Naomi Archer. I live at 6700 Southwest 52nd Street in Miami. I'm one of the media coordinators for the South Floridians for Fair Trade and Global Justice. We are the largest South Florida coalition. We represent over 17 organizations, including the AFL/ CIO, the Sierra Club, Jobs for Justice and others. We bring a lot of clout to this discussion and I do hope that you will open your ears to what our statement is today. Vice Chairman Teele: What's your address? Ms. Archer: 6700 Southwest 52nd Street, in Miami. Thank you. The FTAA -- in November, FTAA ministerial meeting in Miami will bring tens of thousands of protesters to South Florida to voice their opposition to trade policies that have been shown, they've been proven to be bad for democracy, people, and the planet. The City ofMiami's proposed anti -demonstration ordinance, in any version, still represents a determined effort to attack the basic constitutional rights of free speech, assembly and protest of those people that are affected by the FTAA policies. People must have the right to voice their opposition to policies that are bad for their families and their communities. Elected officials must uphold the great responsibility of democracy and not selectively create laws that squelch debate and dissent of views that happen to be unpopular with the government. That is the most undemocratic thing that think we can talk about. That's why South Floridians for Fair Trade and Global Justice, a coalition of 17 labor, environmental and global justice organizations, urge the City Council to abandon the anti -demonstration ordinance and any of its forms. Using police officers to silence protesters for their political views is undemocratic and cannot be tolerated. I would like to say that -- Chairman Winton: Ma'am, you've -- I've let you go over your two minutes. But are you almost done? Ms. Archer: I just had one more thing. Chairman Winton: Go ahead. Ms. Archer: It's great to come up and complain about these kinds of things, but it seems like if the City Council was fruly intent on letting people have their democratic right to free speech, that perhaps some town hall meetings or other forums that allow the protesters and the people that have a say to meet with you to create an ordinance that addresses your public safety concerns, but also ensures free speech rights. Thank you. Chairman Winton: OK. Susan Stevens: My name is Susan Stevens. I live at 206 North K Street, Lake Worth, Florida. I work with the Lake Worth Global Justice Group, and we are the people who are building puppets. So, I'm concerned about this ordinance because it's criminalizing objects instead of activities that are already illegal within this City. And this will -- I feel like this ordinance is going to be used to restrict free speech rights to people who are showing creative resistance, that City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 don't necessarily have the resources to get permits or to buy things that are within the restrictions of the ordinance. I'd like you to consider not passing this first ordinance, because it's ridiculously restrictive on our rights. And the second ordinance, although it is -- it's giving in a lot of ways, it's still very restrictive. And I don't know if there's a way for you to pass the second ordinance in a way that would be more effective, because I know that you only have a few days then, starting on the 13th, if you had to wait for the second reading. So, maybe there's a way, if you are going to change your mind and sign a second ordinance or vote on a second ordinance, to push that forward so that you're not restricted only to put forth the first ordinance. Chairman Winton: Thank you. Ms. Stevens: Thank you. Chairman Winton: Next. Carolina Delgado: My name is Carolina Delgado. I also work with South Floridians for Free Trade and Global Justice, a local and the largest South Florida coalition against the FTAA. Chairman Winton: We need your address. Ms. Delgado: 2501 Brickell Avenue, Miami, Florida 33129. I'd just like to raise the issue that by doing -- by passing these kind of ordinances that are restrictive on people that don't have the financial resources to express their views in any other way but through puppets and art, you're really what -- in a way, what you're doing is you're criminalizing the local opposition against, you know, free trade policies that threaten our democracy, that threaten and break environmental laws. And these are issues that -- every single one of us here is going to be affected by this issue. What -- the kind of protests and the message that we're frying to get out is not an isolated message. Every single one of us here is going to affect -- is going to be affected. Our schools are going to be privatized. Our services are going to be privatized. People need to know about these issues. And there's no other way of knowing about these issues, because we don't have access to the negotiations that are taking place here in November. That is the real issue. If we don't have access to those negotiations, so we need to, now, you know, show our issues in a different way. And because we don't have the resources, we need to be creative about it and we need to use whatever means we can to get our message out. So, attempting, you know - - this kind of ordinance is really attempting in our right -- in our first rights and First Amendment rights. Thank you. Richard P. Dunn: Richard P. Dunn, II representing the African American Council of Christian Clergy. On this past Monday, you all -- the honorable Commissioners and staff-- this past Monday, Max Rameau came to our meeting and shared the concerns that he expressed earlier today. My mind goes back some 10, 15, 20 years ago, when the Ku Klux Klan came to this City to march and the black community was in uproar because of the fact of what they stand for and what they stood for over the years, but the constitution stated that a person has a right to freedom of speech. And so our concern is that that is not suppressed, whether I'm for or against . I believe this Commission will be setting a terrible precedent if we suppress anyone the right for the freedom of speech. So our position is that we may not necessarily agree with everything that the FTAA is about, but the freedom of speech issue has to be addressed. And I do ask that this Commission would carefully consider those issues. Thank you very much. Chairman Winton: Anyone else? Jeanne Baker: Good morning. My name is Jeanne Baker. I am here on behalf of the ACLU ( Americans Civil Liberties Union), both the ACLU ofMiami -- I'm a member of that board -- and also the ACLU of Florida. I'm president of the state board at this time. I'm here to protest on behalf of the First Amendment. The ordinances that you're considering this morning are City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 targeted at one particular demonstration. It makes them de facto content -based ordinances. They are out to squelch expression on one particular occasion with respect to one particular set of ideas. That in itself should be enough to cause this Commission to stop and reconsider what its doing. There are other problems within the particular ordinances you're considering, other problems that are more specific subsets of the violations of the First Amendment. The ordinances, both of them, even the redrafted version, sweep way too broadly. They will knock out the ability of many groups to express themselves because they take away the innocent tools of expression. The ordinances are designed and directed at objects instead of actions. Objects are not criminal. There can, of course, be people who use objects in a criminal fashion. We have laws to prevent that, and we have laws that can be and should be enforced. But this ordinance criminalizes objects whether they are being used innocently or not. And by doing so, it absolutely violates and threatens to violate the First Amendment. The last point that hope you will all think about very carefully is the law of unintended consequences, because both these statutes violate that law, as well. If you look carefully at what these ordinances will do, they will preclude the Mango Sfrut Parade, they will preclude Color Guards in -- Chairman Winton: Your two minutes are up. Ms. Baker: Well, then, let me just finish by emphasizing that it is this Commission's constitutional duty to uphold the First Amendment, and in doing so, we urge you to reject both of these ordinances and stick with the laws that have already been tested in the courts. Thank you. Chairman Winton: Thank you. Yes, ma'am. Abigail Fletcher: Hello. My name is Abigail Fletcher and I live at 8021 Crestview Boulevard, Miami Beach, 33141. And I just wanted to point out that everyone who has spoken today has spoken -- except for one person, the majority of the people have spoken against the ordinance and I just wanted to put that on public record. And I want to give the rest of my two minutes to whoever wants to speak more. Chairman Winton: You can finish speaking. I'm not giving the rest of your two minutes to anyone. So -- Ms. Fletcher: OK. Chairman Winton: So, you can either finish or we go to the next person. Ms. Fletcher: OK. Chairman Winton: Thank you. Anyone else? You've had your -- Mr. Harlequin: (INAUDIBLE) Mr. Chairman, there are two ordinances on the table? Chairman Winton: Come on up here, please. Mr. Harlequin: I would only ask for permission -- Chairman Winton: You have to put your name on the record again. Mr. Harlequin: My name is Henry Harlequin, 111 North K Street -- Chairman Winton: We're late. Mr. Harlequin: -- from Lake Worth, Florida. Thank you. And I would only ask permission of the Commission and the Chair that as there are two ordinances on the table, that the first half of City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 the people who have spoken against these ordinances -- and I would also, for the record, there have only been one interest that has endorsed either of the ordinances and everyone else has been opposed. But the first half of the people on our side that have spoken against them only addressed the first ordinance. Now that we've had a chance to review the second ordinance, that those couple people that may be able to update their opinions be allowed to do so. Chairman Winton: I think that's not unreasonable, since you didn't have a copy. So, would y'all take two or three people that you want to do that? Then I will allow three more people to come forward, if they want to comment on the second ordinance. Yes, ma'am. Please. And this three doesn't -- this doesn't count as part of the three. Ms. Shapiro: Chairman Winton, I want to clarify, the Community Relations Board neither supports nor opposes these ordinances. We were charged with the responsibility of clarifying. We were charged with the responsibility of helping redraft. We take no position for or against either ordinance. Chairman Winton: OK Great. Thank you. All right. Mr. Harlequin: Yes. I would like to -- I would just like to use one minute of your time. Chairman Winton: And, again, we need your name and address for the record. Henry Harlequin: Excuse me. My name is Henry Harlequin, 111 North K Street, Lake Worth, Florida. I would like to say that upon review of the second draft of the ordinance, it still flagrantly violates especially our First Amendment rights. The Bill ofRights is said to be inalienable. That means that it cannot be modified, altered or informed without making a further amendment to the Constitution of the United States or a modifying bill to the Bill ofRights. I would argue that this Commission would be alienating us from our rights upon passage of the second draft of this ordinance, and that we would argue that as most of the public here have either been neutral or have been strongly opposed to both issues of the ordinance, that it's your duty to ratify neither of them, and we would be pleased to hold a press conference on behalf of the Commission stating that these ordinances are unconstitutional and that neither of them were ratified, and we hope that you extend us the ability to do so. Chairman Winton: Thank you. Mr. Harlequin: Thank you. Chairman Winton: One more. Max, y'all got to bring -- I mean, you're bringing someone else up? Yes, sir. Mr. Kobrin: Alan Kobrin, 2414 Coral Way, Miami. I just want to take the opportunity, as we talk about the second ordinance, to say if the City ofMiami is truly -- has fruly proposed these ordinances out of preoccupation of what might happen here in Miami -- they're afraid of violence, they're afraid of some sort of negative consequence for the City -- I would suggest that then the City open up as many facilities as possible, like the Commission -- like have Miami - Dade Community College -- open up the places so that we can have, between now and then and through November, that we have opportunities and places where the educators that are coming from outside will have a chance to talk to the public about our true concerns about this issue. For example, we have tried to go to Miami -Dade Community College and they tell us that they're going to close down during that time. It would be the perfect place for people to go and have lectures, panels and discussions. Why not put it on Miami -Dade TV, some of these discussions and lectures, and have an opportunity because this process has been going on for years and we have not gotten to hear the other side of the story, which concerns so many people, and that's why people are so desperate to come in tens of thousands to Miami, because the process is City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 approaching an end and the other side has never really gotten a fair chance to be heard. Chairman Winton: Thank you very much. One more. Ms. Baker: Very briefly. Today is -- Chairman Winton: Need your name and address again. Ms. Baker: Yes. Jeanne Baker from the ACLU ofMiami and the State. Today is the first reading on the second ordinance. We urge that this Commission, between now and the second reading, open up this issue to the public and permit a forum to be held here or at other locations in the nature of town hall meetings so that you can really hear the citizens of this community and the residents of this community speak to you about this, because particularly, the second version of the ordinance has not gotten widespread attention and there are many, many issues that this Commission hasn't had an opportunity to consider, because there hasn't been enough opportunity for public input. Obviously, what you're hearing today is a lot of concern by a handful of your citizens and residents, but there are many, many more out there and we urge you to open up the communications and take in the inputfrom your community. Thank you. Chairman Winton: Thank you very much. Well now close the public hearing. But would like to say something before we begin debating one or the other, and that is to thank those of you who came before the public -- before this Commission. I think you all have real legitimate concerns. I think your comments -- I think we were all listening. I don't know how we're going to vote because we don't talk about this beforehand. Butl think you all also conducted yourselves extremely well, and I thank you for the way you all came in here and conducted yourselves, and I thank you for your comments. That said, ball's in our court. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I have two questions for some of the people that have spoken to the Commission. One is to the representative of the Green Party. Sir, ifI -- I just wanted to find out if you have gone before the County Commission or filed any legal demand regarding the ship that they wouldn't let come into the Port ofMiami. Mr. Kobrin: I believe you're confusing the Green Party of the United States with the organization called Green Peace. Commissioner Regalado: Oh, I'm sorry. I am confusing that. I thought I -- I meant that you were representing the Green Peace. I'm sorry. So, the other question is to Max. I've read, by chance, an e-mail that, to me, was very troubling, and I think that it came from you, I think. You said that you had heard information that the police were planning on searching people as they tried to get off trains and buses to determine if they are carrying any objects that are outlaw, such as sticks, anything with pointed ends, super soccers, scissors or any kind of glass. It's like, and you said, an airport search in reverse. Is that just a rumor, an idea or information? Mr. Rameau: We actually got that information from two separate sources. We're frying to get permission to reveal one of the sources. The other source we cannot reveal. We're very confident that that is accurate information and that's what the Miami Police is training people on. Commissioner Regalado: OK Then the police should address that some time during the hearing. Mr. Chairman, it seems to me that most of the people here -- first of all, they have two issues. The issue of the free trade agreement, which we don't have anything to do with that. We're not the U.S. Congress, not even the State Legislature, nor the United Nations. But they have a point in saying that the only way to show their discontent is through the street protests. City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Seems to me that all of the people that have gone through here do not want the ordinance. And I want to tell you that the City Commission agreed with you when you -- most of you thinking in the future, like Max and Reverend -- Commissioner Dunn, were mostly talking about the future of the City, because after all, most of you do not live here and -- but they do and they participate very actively in the City's affairs and this is a City of protests and parades and all that. So, you were talking about the future, and I really appreciate that, because that's the point that the City Commission tried to make when we recognize that there were extraordinary circumstances. The only way to predict the future is going back to history and history shows that all these meetings carries an amount of problems for the cities that are host and that's why the City Commission, by 5/0 vote, sunset this first ordinance. It was you, the ACLU, and other groups that challenged this sunset and demanded that the sunset provision be taken. And through the Community Relations Board, they are giving us a second draft, which do not have a sunset provision. So, the fact that this ordinance could be permanent is the fault of people that challenged the City for the sunset provision, because the City wanted to protect the residents and the police officers for a limited certain time. So, you all shoot friendly fire and you have fried to do right, but if this ordinance is passed, it's going to be the law of the land in the City ofMiami and it's going to make very difficult for people like Max -- and by the way, the Venezuelans are going to start protesting today and tomorrow because of the situation there. I just wanted to understand the way that this ordinance is going to be implemented, because I tell you, come the Three Kings Parade, the Mahi Shriners, with the little cars and the super soccers will be arrested, I guess. But I just wanted to understand. But I tell you, the City Commission -- the only thing that the City Commission was trying to do was not to eliminate free speech or anything, but just to protect the residents, the business community, the police that needs to be protected for a certain period of time. And it's because of your challenge that this ordinance may be permanent. So, that's my comment, Mr. Chairman. Chairman Winton: OK Thank you. Commissioner Gonzalez, Commissioner Sanchez. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, there are legitimate debates concerning the FTAA but I strongly feel that this is not the forum to discuss them. Comparing the two ordinances, the previous ordinance that was presented and passed on first reading to this one, I, too, had concerns with the first ordinance, basically because it did single out a certain event. So, there were some concerns and I think this Commission did the right thing. You basically asked the administration to work it out and we basically asked the CRB to look into it, which I'm very grateful and commend them for their recommendation. This ordinance that is presented to us here, which is a corrected alternative draft, presented by the Community Relations Board, narrows its focus and targets potential troublemakers, while protecting the safety of our citizens, businesses, law enforcement and peaceful demonstrations. I do agree that that two percent that comes down here and creates havoc and in many ways, their intent is to create civil unrest. We don't need to look so far back, as we look at Seattle, to see what happened in Seattle. We don't need to look further back as Quebec City in Cancun, OK. There are certain people that come to these events to create havoc, destroy property, cause damage, and inflict body harm on other people. There's a big difference from carrying a sign than carrying a brick, a bat, a crowbar, golf balls, billiard balls. Those are things that really affect us. And those are that two percent that create those problems. However, we need to have the proper ordinance in place to protect our law enforcement officers, to assure that they could do what they're supposed to do. I strongly feel that no provision intended to restrict the lawful activities of protesters that are peacefully protesting and feel that no one's freedom of speech is violated. Anyone could gather at a place and peacefully demonstrate, as long as you don't have the intent to inflict bodily harm on other people. We have to respect that. We respect that. It is the Constitution of our great nation that you have that right. Other countries do not have that right and they suffer under dictatorship and oppression. But you do have that right. But we have a responsibility in this City and that responsibility is to be prepared for any event, not only the FTAA, but any event or any protests that may happen in our community, where people go beyond that line and it is in the City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 best interest of everyone, not only in the FTAA or any protest in this community and in this great nation of ours that people obey the laws which really make this country a great country, because we have laws. And yes, we do have too many laws, but we have to respect the laws and we have to respect the rights of other people. Thank you. Commissioner Gonzalez: I have no comments. Chairman Winton: I'm sorry. Commissioner Gonzalez, did you -- were you leaning forward to comment? Commissioner Gonzalez: No, Mr. Chairman. I have no comments. Chairman Winton: OK Commissioner Teele. Vice Chairman Teele: Thank you, Mr. Chairman. I, too, am really impressed with the presentation by the persons that have spoken today and the manner in which you have conducted yourself. Like our Chairman, I commend you. And, Max, particularly, for the constructive role that I think you have played throughout this process, not only in keeping our offices informed, but frying to work in a responsible way to ensure that we don't get involved and I guess what Hs. Baker has referred to, the law of unintended consequences, which, I think, is perhaps the best citation, Mr. Attorney, Madam Attorney, yet, and that is can you ensure us that we're not violating any of the laws of consequence. Of course, obviously, that's a rhetorical question. You cannot, because by definition, we don't know what those unintended consequences will be until they occur. But I'm deeply troubled. I -- let me just state, I have a strong bias. I am very much in support of the FTAA. I am very much in support of the process that brings together the governments of this hemisphere to work through a series of issues, which, here -to -date have never been discussed with any degree of equality. And I think, if we look creatively and objectively at what is happening in the world stage, I think the process is empowering third world nations, much more so than the previous processes, where everybody made unilateral decisions based upon their economic might or military prowess. So, I'm very, very supportive of this FTAA process as a collaborative process. I believe, very strongly, that we have probably given those persons that have come here from Lake Worth and New York and around -- Austin, Texas -- from around the country probably the greatest PR (Public Relations) tool that you could have hoped for by proposing this ordinance, because it's certainly giving you something to come and fight about and argue about and meet about and mobilize about, and in that way, we've probably given you all a major PR victory, and that, too, was an unintended consequence because we were working hard to avoid that. I cannot support, Madam Attorney, any ordinance that clearly outlaws what is purely innocent activity or innocent property. Alex, would stilts, which is very much a part of the Bahamian subculture, stilt walking, would stilts be prohibited under this ordinance? And I don't want a weaseled legal opinion. I just want to know, can a person get off the plane, or get off the train, or get off the bus with the apparatus that is normally used -- not some creative apparatus because I'm not a stilt walker. I don't know if it's a pole or a stick, metal or wood. But stilt walkers are stilt walkers, and if you talk -- if you go to Miami - Dade Community College or if you go to the Goombay Festival in Eleuthera or Exuma, they'll tell you, somebody will tell you -- a baby never finished the third grade -- what a stilt walker walks on. So, let's don't get creative. But wood stilts, as innocent as that behavior is -- and I should say, as much as that is recognized as an international symbol of protest worldwide -- would stilts and the objects that are used to do stilt walking be permitted under this ordinance? Ms. Chiaro: Stilts are not specifically prohibited. However, there are dimension limitations. And, so, Commissioner -- Vice Chairman Teele: The question was, would stilts or the objects used to do stilt walking be prohibited under this ordinance? City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Ms. Chiaro: The normal size stilts are prohibited because there's a dimension --I mean, normal size stilts that are on two-by-fours -- Vice Chairman Teele: So, how do I get around -- I mean, how do I get around the Goombay Festival that we have every year, which is the largest Festival of Bahamian culture, outside of the Bahamas, the first weekend in June, every year, how do -- which has tens of stilt walkers. How do I get around -- how do I explain that we're now basically prohibiting that act -- that historic and peaceful expression? Ms. Chiaro: We can either add language in this alternative draft that will permit stilts when used as stilts and not as any other object. Vice Chairman Teele: Madam Attorney, I respect what you're saying. I deeply respect what you're saying, but let's think about this. You just said -- and repeat what you just said again. We could amend it to -- Ms. Chiaro: To allow particularly stilts, taking it out of the dimensions of prohibited -- particularly the use of stilts when used as stilts. The -- Vice Chairman Teele: But this is the problem. Stilt walkers don't get beamed onto the location. You know, they've got to have possession of that object. They've got to get off of a bus. Chairman Winton: And with traffic as bad as it is, I'm looking forward to the day we can get beamed there, though. Vice Chairman Teele: Or they're going to be walking down the street. Now, this is what we've really -- I mean, we've got to think through this thing. I can -- I will say here and now, Mr. Chairman, I will support taking this to second reading and give everybody a chance -- and I think one of the motions, Mr. Chairman, if you would allow it, is that we should ask the CRB or the Manager and his staff with the police and the CRB, to conduct and hold public hearings between today and the second hearing. I think that was a very, very good recommendation, Ms. McAliley and several other people have made that think we should adopt, if a majority agrees. But what want to communicate to the Manager and to the Law Department and Police Department is that my support to get this for a vote on second reading is not in intended as a statement that support, because it's going to be very difficult for me, Mr. Manager, Madam Attorney, to support an ordinance that basically prohibits -- to use Mrs. Baker's words, the innocent expression. We need to focus on activity and not objects to some great extent. And I think that's what comes to my mind. Now, I was deeply troubled by the first person who spoke, that said masks would be prohibited. I think that is not correct in my reading of this second ordinance. But would these huge masks that have these horrible but very, very constitutionally protected caricatures of public officials, would those be prohibited? Ms. Chiaro: No, sir. Vice Chairman Teele: They would not be? Ms. Chiaro: They would not be prohibited. Vice Chairman Teele: So, a paper-mache -- (INAUDIBLE COMMENTS) Chairman Winton: Excuse me. Excuse me. Thank you. Vice Chairman Teele: Mr. Chairman, if you would allow, I would like to hear from someone in City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 the audience that has made masks or makes masks to tell me not what you think, but based upon our ordinance -- hold on. I want you to listen, because I'm not interested in a speech. I would very much like for someone to point to the language, the paragraph in the ordinance that gives you concern as it relates to the paper-mache or the masks that are used that make these horrible but constitutionally protected images that are so well-known as an expression of First Amendment. Now, I'm not interested in anything but the paragraph number and the sentence or the phrase. Mr. Harlequin: Which ordinance are we talking about. Chairman Winton: Hold on, hold on, hold on. You need to come up. Vice Chairman Teele: I'm only talking about the second one. I think we shouldn't confuse this. I think -- (INAUDIBLE COMMENTS) Vice Chairman Teele: There'll be some time. I would ask the Chairman for the right to -- Chairman Winton: Sure. Bring it back. Vice Chairman Teele: -- come back. All right. Mr. Chairman, I am prepared -- Chairman Winton: Y'all will be able to come back, so -- Vice Chairman Teele: I am prepared to support this ordinance for the purpose of having a public hearing on this. I would also like to make it very clear to the public that in Miami -Dade County, there is no dis-- and I want you to understand this -- local governments are different. In Miami -Dade County, any ordinance, for first reading, cannot be discussed or debated by the public. It is only discussed at second reading. There is an absolute prohibition, unless unanimously waived to have discussion of ordinances on first reading. So, please don't feel that in any way we're chilling you're right to speak by moving this to second reading, and please don't interpret my vote as a vote in support of the ordinance for putting it in a legal position to have an up or down vote on the ordinance. And it's going to be very difficult for me to support language that just prohibits what is otherwise innocent objects. But think, you know, innocent objects have a role -- and I will support marbles and golf balls prohibition in the context of a parade demonstration. I mean, whether it's the Goombay or the Three Kings or the Martin Luther King. I just think that that's too close to asking for an improper use of those activities. Golf balls should be on the golf course and not in an urban street. Do you have a paragraph number? Mr. Harlequin: Yes, sir. Chairman Winton: Come up to the microphone. Vice Chairman Teele: You have to come to the mike. Chairman Winton: And you have to put your name and address on the record. Mr. Harlequin: Again, my name is Henry Harlequin, 111 North K Street -- Chairman Winton: Lake Worth. Mr. Harlequin: -- Lake Worth, Florida. All right. Yes. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: Page number. Mr. Harlequin: Page number 6, Paragraphs 2 and 3. It shall be unlawful for any person to carry or possess any sign, post or plaque or notice, unless such sign, post or plaque are noticed is constructed solely of a cloth, paper, flexible or cardboard material no greater than one quarter inch in thickness. So, if we have, you know, three -eighths thick cloth, that's illegal. If we have -- all of our supplies are donated. Chairman Winton: If you have how thick a cloth? Mr. Harlequin: Three -eighths -- Chairman Winton: All three -- I thought you said -- Mr. Harlequin: -- thick of cloth that exceeds the minimum. Also, the wood and any wood can be construed as detachable from any of our construction. Wood, one -by -two inches thick, is actually one (INAUDIBLE) finish lumber is only one and a half by one half inches thick. That is not enough to structurally sustain any of the larger caricature puppets that we're talking about and it certainly can't hold a person's body weight. So, yes, I would say that both of these things make it logistically impossible for us to make many of the things that we would make traditionally, and that aren't used for violence. Thank you. Chairman Winton: Thank you. Vice Chairman Teele: Mr. Chairman, in conclusion, I respectfully ask the City Attorney and the City Manager -- Mr. Harlequin: Excuse me. Would you like to see one? We have some outside. We could bring them in to show you. Vice Chairman Teele: I think it would be very good if you brought it in so -- because -- Mr. Harlequin: They'll bring some in shortly. Thank you. Chairman Winton: No chaos, though. Just chill. Vice Chairman Teele: Provided they don't have any caricatures of our Mayor or members of the City Commission. Mr. Harlequin: We could cover those up with a sheet or something. Chairman Winton: I'd probably welcome some of these caricatures. We could be quite interesting looking. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I really do wish that our Mayor -- I mean, our Manager and Police Chief and Attorney would sit down in the coldness of a -- of this discussion to determine whether or not we, in fact, have created an unintended consequence. We survived as a City for 104 years without this ordinance that is being proposed. The timing of this ordinance, no matter what we do, is just going to raise the question that we are somehow beginning or created a chilling effect. And I think, given Miami's unique role as literally the capital City of every -- of the hemisphere and the mega City for which every government in this hemisphere to the south of us come here by virtually every meeting we have. We have a delegation of mayors, or legislators, or governors or City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 presidents and vice presidents coming to see this City Commission at work. I think we may be sending an unintended signal that we really don't mean. And I think the inherent power, the inherent power that the Manager has to declare, based upon the circumstances of the moment, to declare a declaration of emergency give him powers far beyond what we're here contemplating. And, so, Alex, I hope you understand what I'm saying. You heard what I'm saying. Because I'm telling you, the power -- the inherent power that the City Manager has to declare an emergency, based not upon what is perceived or what may happen, but what is actually happening. If the two percent come to this City and create chaos and havoc, the Manager has the power -- and I would hope that that power would be used immediately, without consultation with the Mayor, or any member of this Commission -- and those powers could include the prohibition of the Christmas Bunny or the -- I mean, of the Easter Bunny or any other artifact that may be necessary. So, I think, you know, the inherent power of the Manager in a real emergency is far greater than any ordinance that we can propose, and I think that's probably a way that we ought to -- at least that's the way I would like to encourage the government to proceed. And then let's take this thing up after the FTAA, if we feel that we need it going forward in that manner. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Who said that? Yes, Commissioner Sanchez. And then I'd like to make some comments. Commissioner Sanchez: Commissioner, I agree with you on the principal of tradition and I agree with you on events, cultural events, but any item, which could be used with malice intent could cause harm to others. If the stilts are used as walking stilts, it's fine. But once someone removes them and uses them as a weapon, that's where the problem comes in. Vice Chairman Teele: No question. But suppose somebody gets out of their car with something that looks like this, and the police officer says, we're going to take this away from you because this may be used as an object, which it clearly could be used as an object. I don't think there's any question that that could be used as an object to do violence. And, you know, and what we wind up doing is you basically, by creating this ordinance, saying you can't possess this. That's the problem. Commissioner Sanchez: But the language could be created in the ordinance. Vice Chairman Teele: That's where I want to go, with the ordinance between where we are now and where we are at second reading. Because if this ordinance is where we are now -- Commissioner Sanchez: If we were to amend this discussion that we're having on second reading, I don't think -- once again, I'm not an attorney. But I don't think it's a significant change to change it back to first reading. Vice Chairman Teele: No, no, no, it would not. Commissioner Sanchez: OK Vice Chairman Teele: That's why I want a stay and vote for this, because what we're looking to do is to decrease, in some way, the criminal conduct based upon what is being called innocent expression. Commissioner Sanchez: OK Chairman Winton: OK Commissioner Regalado: Mr. Chairman, just a question. I think -- I raised some concerns City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 about information that Max had provided and even Commissioner Teele has now raised the issue . If you get off a bus with that, would the Police Department seize that or arrest you? I think the Deputy Chief is here, if -- Vice Chairman Teele: Oh, no. Oh, no. We're not going to have any Gators. This is Hurricanes territory. Chairman Winton: This is Canes territory. Vice Chairman Teele: This is Hurricane territory. Commissioner Sanchez: But, listen, that is not prohibited in the ordinance. That is not prohibited. They can bring all the costumes, but we don't like Gators, though. (INAUDIBLE COMMENTS) Chairman Winton: OK Commissioner Regalado, were you finished? Commissioner Regalado: Yeah. I just want the Deputy Chief if he can come just briefly and tell us if that ordinance will give the police powers to go -- to be proactive and not wait for the demonstration site. If anybody can get off a Metro Mover with some whatever, water soccer or something, what would you do? What the police would do? Frank Fernandez: Frank Fernandez, Deputy Chief Miami Police. Madam Attorney, would you like to respond to that, to the ordinance? Ms. Chiaro: There is no -- nothing illegal about carrying stilts on the Metro Mover to the -- in any area downtown anywhere. This ordinance only directs itself to items that cannot be carried during a parade in demonstration. Commissioner Regalado: So, the thing is that you can carry that, walk through Biscayne Boulevard and Flagler. Unless you go into the actual parade, no one can touch you, is that -- Ms. Chiaro: That's what the law is. That's correct. Chairman Winton: OK I'm sorry. We're not doing public debate again. Now, if a Commissioner has a specific question, he will ask you all. But we're not doing public debate again. And I have not made any of my -- Max, thank you. May I make some comments, please? I have to tell all of you that we're -- that are here in opposition to this ordinance that if it were only you all that we were concerned about, there would be no debate over this ordinance, because I think you can tell from all of us, none of us are terribly comfortable about this ordinance. But a couple ofyou said that there are no -- now, most ofyou said the right thing. But a couple of you said there really aren't any bad guys coming to this. This is directed toward all the good guys. That's pure nonsense. Just so (UNINTELLIGIBLE) there are bad guys and they've been in Seattle, Cancun, Quebec City, Keytor, you know, they've been at five or six cities where there's been a major forum on international trade around the world, and these are very bad guys and their sole mission in life is to come in and tear up our cities. That's their mission. Yours isn't. Theirs is. And to shake your head and say, no, makes me begin to wonder about your motives, because we've seen them, and we've seen them on TV, and it's our City. Most of you don't live here. This is our City and we have an absolute responsibility to protect our City and our property. So, if those bad guys weren't around, we wouldn't be debating this. I am troubled by this ordinance. It bothers me immensely. I'm equally troubled by our Attorney General John Ashcroft, who seems to be hell bent on creating an environment in our country where all of our citizens are subject to being treated like we're all terrorists. That bothers me. It always bothers me, much like this ordinance does, when we create new laws that have to go after City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 that very small percentage of bad guys and we all pay a penalty for it. That's always, always my entire life bothered me. And I came out of the hippiedelic era, Vietnam time. Commissioner Teele was a fabulous military guy. I lost several of my best friends in Vietnam and I became -- instead of a pro Vietnam guy in college, I became an anti Vietnam guy in college and I did protest. And I hated it when people in authority, wouldn't allow us to peacefully press our issues . It bothered me immensely. But today I'm one of those, I guess, hated capitalists because I'm in business. I'm in real estate. I've made money. I kind of like the fact that I've made money. I kind of like the fact thatl don't have to worry about where my kids get their meals from tomorrow. I kind of like the fact that get to sit up here with my colleagues and the staff of the City ofMiami and fry to build one of the best cities America has seen. That's fun to me. But we can't do these things with that subset of really bad guys. And what I'm frying to balance -- and I don't know where I'm going yet. I can honestly tell you that. I don't know where I'm going to land on this thing, because you all have an absolute right to express your opinion. And the day we get in this country to the point where our citizens don't have a right to express their opinion freely, freely, we're no longer a democracy. And I'm worried about where we're going post 9/11, frankly. It worries me immensely. I don't have the confidence that, frankly, as the United States ofAmerica that we're necessarily going in the right direction. Shouldn't be giving this speech. I'm going to get in all kinds of trouble. Butl am worried about it, and I think this ordinance kind of adds to that. And I think this whole issue -- and Commissioner Teele and I have talked about it a million times on everything that comes before us. We're always concerned about the law of unintended consequences. And I can't see through this far enough to figure out what those unintended consequences are going to be. But also have watched television and know absolutely that there are very bad guys who plan on coming here with the sole intent to hurt our citizens, or you, or someone else and hurt and destroy our property. And I'm a property owner, and I don't want my property destroyed. I've worked hard to build that property and we don't want it destroyed. So, how do I protect our cops, our citizens, and you all when I know these bad guys are coming? I don't know the answer. I don't know the answer. I don't feel confident exactly that the current tools we have necessarily do it. I don't feel confident that this new tool we're going to create is going to get us where we want to go either. So, I'm going to probably go like Commissioner Teele has suggested, and pass the second ordinance -- the amended ordinance or support that for a second reading and I'm going to, as Commissioner Teele has said also, support the concept of requiring our Community Relations Board, in conjunction with our staff and appropriate members of our Police Department and our CityAttorney's Office, to reach out to some of you all and create a dialogue. And I will say this in that form. And we do these kinds of debates on other issues, frankly maybe not quite as far reaching as this, but in the people's minds that are affected by the laws that we pass, it's pretty far reaching to them. We have these kind of dialogues all the time. And I have consistently and I think most of my colleagues have consistently, when we open that dialogue up, we dis-invite the people who won't come in with an open mind because if you don't have an open mind, you can't get to the right solution. So, if your mind says, I'm opposed to anything and everything that y'all think you want to do in addressing the concerns we have, then I'm going to go back over here where I'm just going to say, hey, I'm going to make my decision to protect what think is right for our City. But if you go into the meeting with an open mind and we can figure out how to get the right thing out of this, so we can protect your ability to express yourselves and still protect our citizens and our property, and our Police Department who's going to be on the front lines of all of this, then I think we can end up with a better product. Commissioner Sanchez, you were going to make another -- Commissioner Sanchez: Mr. Chairman, I would like to move to -- a vote to deny the ordinance on second reading. Commissioner Gonzalez: Second. Chairman Winton: We have a motion to deny the first ordinance -- City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Sanchez: Which is on second reading. Chairman Winton: Which is on second reading, and a second. Do we have further discussion on that? Being none -- yes, sir. Commissioner Regalado: Just a brief comment. I am ready to do the same that most of you are going to do, to vote against the first ordinance, although, I think that the sunset provision would have been challenged in court, but any court would have understood that these were extraordinary circumstances. Anyway what we're doing now is -- as we approach the date of this event, it's singling out this same event. I am, Mr. Chairman, really troubled, really concerned about the future. I would ask, plead with the Community Relations Board to just deal with the issues of all these ladies and gentlemen coming from New York, Houston, or Austin or Lake Worth, butt would ask the Community Relations Board to look to the future. This is a very vibrant City. This is a City of many communities. This is a City that cannot, in any way, curtail any protests of any groups. All of these people are going to leave and we're going to stay here. And rather than engaging in a controversy or a battle with the Police Department, like I did during the Elian demonstrations, and I was taken to the State Attorney because I was accused of pushing a police officer, you are all going to leave here, but we are going to stay with our problems and with the blessing that we have to have so many communities that have so many issues, so I would ask -- I would vote even against my will for the second version, because I think the sunset issue was something that would resolve all the problems now and then deal with the future in the future. But would -- I'm just asking the Community Relations Board to consider the future. The police force is being trained to deal with the troublemakers. I mean, I don't care what the police have to do to stop anyone who comes and make trouble. I would support the Police Department in everything that they do to stop the people that want to come and mess with our City. Butl am very concerned, very troubled about the future. Life is going to go on. The issues are going to continue. So, that's the message, Mr. Chairman, that wanted to convey to the Community Relations Board. Chairman Winton: Thank you. Vice Chairman Teele: Call the question. Chairman Winton: We've call -- we had a call of the question. All in favor "aye." Vice Chairman Teele: No. Commissioner Sanchez: It's an ordinance. It's an ordinance. Chairman Winton: OK But you're rescinding the first reading. That's what we're voting on. So we don't have anything to read. Ms. Chiaro: That's correct, you don't need to read the title to rescind it. Chairman Winton: Yeah. So, we have a motion and a second. No further discussion. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Gonzalez: I would like to move to adopt your first reading the second ordinance. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Discussion? Vice Chairman Teele: Discussion? Chairman Winton: Yes, sir Vice Chairman Teele: Mr. Chairman -- oh, it's gone. Where -- Chairman Winton: The stilts. Vice Chairman Teele: Where's the stilts? Chairman Winton: On the floor. Vice Chairman Teele: Madam Attorney, is this -- at a parade or demonstration, is this prohibited under our ordinance? Ms. Chiaro: I need to measure them because it's -- it's prohibited? Chairman Winton: I could tell you, it is prohibited. Ms. Chiaro: It is. Chairman Winton: That is greater than a quarter of an inch. Vice Chairman Teele: Would the -- Ms. Chiaro: Greater than -- yeah, OK Vice Chairman Teele: With that terrible looking alligator have been prohibited? Ms. Chiaro: No, sir. Chairman Winton: That's too bad. No, no, no. We're -- Vice Chairman Teele: So, the sticks that they were holding it up by were within the -- Ms. Chiaro: They're allowed because they were within the puppet or -- Chairman Winton: Hold on, hold on. Excuse me. Vice Chairman Teele: I -- let me just say this. As a part of the public hearing process, I really think it would be important to bring in some professionals, like professors or instructors at junior college. I know that Jean Tinnie, for example, is one of the more famous stilt walk -- believe it or not, as tall as he is, one of the most famous stilt walkers in this entire region. And he teaches it. And what we don't need is a bunch of lawyers, with all due respect to my brethren, sitting around saying what a stilt walker can and cannot use and never having mounted a stilt, which I have not done, nor will I ever do so. So, I mean, we don't need to be theoretical about this, but we do need to really have some applied understanding of what this artistic expression is. And I would just remind you that this is an artistic expression that is very, very common in the FTAA area. Trinidad, the Bahamas, Brazil. This is a part of the culture. And we need to be very, very City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 sensitive, I think, to some of the uniqueness of our hemisphere. So, I would hope that the public hearing process would engage some of these people in our community at the university and community college to really try to understand and move a little bit beyond the theoretical discussions about these puppets and Muppets and all of that, because we really don't want to have the -- as Ms. Baker said, the application of the law of unintended consequences. And I will be voting in support of the ordinance for first reading with a reservation that that does not in any way indicate my support for this ordinance on second reading. Chairman Winton: OK We have a motion -- do we have a motion? Vice Chairman Teele: We had a motion by Commissioner Gonzalez and a second by Commissioner -- Chairman Winton: Oh. And a second. Any further discussion on this? Vice Chairman Teele: Read the ordinance. Commissioner Regalado: Read the ordinance. Chairman Winton: Yes, read the ordinance, please. Ms. Chiaro: This is the title of the corrected alternative draft that is before you. In its recitals, I -- all of the references to a specific event will be deleted, which -- from the discussion. I assume that is the intention of this City Commission. Chairman Winton: Right. Commissioner Sanchez: What's (INAUDIBLE) Ms. Chiaro: In the recitals, any reference to a specific event. Commissioner Sanchez: OK At this time, the ordinance was read by title into the public record by the Assistant City Attorney. Chairman Winton: Roll call, please. At this point, a roll call was taken; the result of which is stated above. (COMMENTS MADE DURING ROLL CALL) Vice Chairman Teele: Let me thank the persons who also provided the demonstration for us today andl appreciate the way in which you all have approached this. I vote yes. Chairman Winton: But I'd like to -- I'm sorry. Priscilla Thompson (City Clerk): The ordinance has been passed on first reading 5/0. (COMMENTS MADE FOLLOWING ROLL CALL) Chairman Winton: And I'd like to make one more comment, and that is that I'm going to spend some time with the Chief because I want to understand why we can't do away with this ordinance and have more directed and aggressive policing just to get the bad guys as soon as they look like they're bad guys. Now, that said by the way, I'm going to point my finger at all of you. The bad guys have gotten very good at running with the good guys, and the good guys City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 aren't doing jack to get rid of the bad guys. You're letting them run in your groups. Now, AFL/ CIO I know has appointed and is setting up a whole marshals -- I don't know what they're calling it, but I'll, for lack of a better term, I'll use a marshals group, where they're going to have specific people that are identified in their parade group, a whole bunch of them, whose job it is to identify the bad guys and point them out so we can do something about the bad guys. Now, but they're not a bad guy walking. They're not a bad guy until they become a bad guy. Now, once they become a bad guy and it's too late, what do you do? You know, it's like having the abuser next door to your house or the ex-husband who's going to attack the wife or the daughter. I can't do anything about it because he hasn't killed you yet. As soon as you're dead, I can do something about it. That's a little late. This is the balance that we have to -- this is the reality of the balance we have to deal with. I don't know when you can -- you can't get the bad guy until he turns into a bad guy, because you can't look at him and say you look like a bad guy. This is not an easy thing for us. And we need your help out there. And I can promise you this. I'm with Commissioner Teele. We're going to make -- work very hard to make this the absolute center for trade and commerce of the Americas. That's our goal. There will be more events in Miami, and if we bend way over here to accommodate y'all, and this thing turns bad, and you guys haven't supported it, wait and see what comes next. Trust me. So y'all have an option. You get on the side of this community to protect us against the bad guys and you're going to get more and more support from us, because none of us are comfortable with this. None of us want to do it, but we've got the reality of having to deal with the bad guys. Thank you all for coming. Thank you all for being extremely thoughtful, insightful and the decorum that you presented here. So, thank you. We'll see you all again in -- what's the date of the second reading? Ms. Chiaro: November the 13th. Chairman Winton: We'll see many of you on November the 13th for sure. Vice Chairman Teele: Mr. Chairman, I want to make sure that the Manager does public notices of the workshops or the public hearings that -- with the CRB and that we use the widest possible dissemination to get that out. And I would request, individually, that at least one of those hearings be held in this chamber and be televised, you know. It would be my hope that we'd have at least two public hearings, or workshops or community input sessions. And I would hope that at least one of them would be held in this chamber and be televised. Chairman Winton: May I piggyback on that? I forget -- there's a gentleman out there that said that the other thing we ought to do is in conjunction with Miami -Dade Community College. I wasn't clear on whether he was talking about this being during the FTAA or prior to, but he was suggesting that we set up a series of public forums where everybody who wanted to talk about not this ordinance, but the FTAA, where we set up an opportunity for that dialogue to go on community wide and I would ask -- I would ask that my Commissioners support me in suggesting to our City Manager that he put someone on his staff that can, in fact, help coordinate that sort of thing at some venue or venues somewhere here in Miami -Dade County, so that there can be a free and open dialogue about FTAA somewhere. Yes, sir. Commissioner Regalado: Mr. Chairman, I would recommend that the City Commission directs the Manager to use the facilities of the Knight Center, when the ministers and the under ministers are gone from the Knight Center and move to the Intercontinental to give the people a forum, a free forum for one day, a full day at the Knight Center, paid by the City to Global -- whatever that company is, so they can invite the people. And the reason is that the media, it will be closed to those meetings. This will not be a disruptive meeting or anything. It's just people talking about pro or against FTAA. This is not a demonstration. It's just -- I think that what they're asking is a place to have a forum where they can explain to the media, whoever wants to attend, what they perceive as something that is wrong for the future of the workers in this country regarding the FTAA. City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Well, by the way, Civil Society, which is a part of the FTAA proceedings, Civil Society is represented by various environmental groups, labor groups and others, does, in fact, have their own forum. I don't disagree with them at all, in terms of they're not invited into the forum of the ministers, because they're not. But there's a specific forum that has been set up for the folks from Civil Society to debate the pros and cons of FTAA. Now, I'm sure there's not a lot of debating on the pro side, but that forum that you're talking about is set up as a component part of Free Trade Areas -- Commissioner Regalado: Then they have a forum. I mean -- Chairman Winton: -- of the Americas in November. Commissioner Regalado: It's just that I think that the City, in exchange for the cooperation of most -- of 98 percent of the people that are coming here should facilitate a forum, a site, parallel to what the ministers were using and when they move off the Knight Center to the Intercontinental, they can use -- Chairman Winton: No. Commissioner Regalado: -- some of that. Vice Chairman Teele: Mr. Chairman -- Chairman Winton: Yes, sir Vice Chairman Teele: -- I support the intent of what the Commissioner is saying. I think the one way to approach this would be to ask the Manager or request the Manager to work with the demonstrators and with the FTAA secretary that's here and, particularly, I will support making available any public park venue and waive the fees for that, for the demonstrators during this demonstration. I think one of the things that they're saying that really concerns me is that they're being frozen out by governmental institutions, such as colleges and university, et cetera, and that's sort of the antithesis of the way I grew up as what a university and a public facility should be. So, I, for one, will support a resolution or would propose a resolution requesting that the Manager work to ensure that there are venues that the City has control of -- the Hadley Park, Carrie Meek venue, which has a 200 seating capacity for one -- 300. It's just one such venue that we could make available. We have the theater -- where did we have our meeting? The Artime. You know, there are a lot of venues that we have under our control, and I think we should work to make our venues available. But I do think when you start designating a venue, such as the Knight Center, that has a bond indenture associated with it, we can't waive those fees Chairman Winton: And it's right in -- right. Vice Chairman Teele: Say again? Chairman Winton: No. I agree. Vice Chairman Teele: So -- but I think we should ask the Manager to work with them and if the Knight Center can be made available, let's do it. Chairman Winton: OK Any other discussion? OK. Thank you all. Let's go back to the regular agenda. ORDINANCES - FIRST READING FR.1 03-0096 ORDINANCE First Reading City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD (FY 2003-05) FUND" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,100,000, RECEIVED BY THE CITY AS A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO PURCHASE EQUIPMENT, PROVIDE TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE ("USAR") PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0096 - memo -1.pdf 03-0096 - budgetary impact analysis -2.pdf 03-0096 - back up ducuments -3.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado Vice Chairman Teele: Mr. Chairman, while we're in first reading, which are ordinances, and they've been publicly noticed, I would just move FR.1 and go right through the six of them that are here. Chairman Winton: OK. We have a motion on FR.1. Commissioner Gonzalez: Second. Chairman Winton: A second. Discussion. Being none, would you read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. At this point, a roll call was taken, the result of which is stated above. Priscilla Thompson (City Clerk): The ordinance is passed on first reading, 4/0. FR.2 03-0110 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV, ENTITLED "MOTOR VEHICLES AND TRAFFIC /PARKING RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY: (1) ESTABLISHING A MONTHLY ON STREET PERMIT PROGRAM; (2) PROVIDING CITY OF MIAMI EMPLOYEES WHO RESIDE WITHIN THE CITY A DISCOUNT FOR THE PURCHASE OF A MONTHLY PARKING PERMIT; (3) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (4) PROVIDING FOR METER REMOVAL; (5) AUTHORIZING A RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (6) INITIATING RATES FOR City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, AND 35-193, AND BY ADDING NEW SECTIONS 35-194, 35-195 AND 35-196 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND CONTAINING AN EFFECTIVE DATE. 03-0110 - memo -1.pdf 03-0110 - memo to the manager -2.pdf 03-0110 - legislation -3.pdf 03-011 0-COMPLETE LEGISLATION-4.doc Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado Chairman Winton: FR.2. Vice Chairman Teele: Mr. Chairman those involve some somewhat controversial -- Did anyone check to see if Commissioner Regalado has got an issue with any of this? I don't have any problem moving it, but I think we ought to have all five -- Chairman Winton: El Comisionado Winton may. Vice Chairman Teele: Do you have a problem with any of the rate issues on the parking? Chairman Winton: Yes. Yes, I do. Commissioner Regalado: Do I have a problem with the rate? I don't -- My understanding was that there was not going to be any rate increase. That's what -- the last thing that Art told me, that we were discussing just residential parking and all that. Right? Art Noriega (Executive Director, Miami Parking Authority): Yeah. What you have in front of you, you have two items that are back to back. And what they are is the old version, which is the second one -- Commissioner Sanchez: What item is this? Vice Chairman Teele: FR.2 and FR.3. Mr. Noriega: FR.2 and FR.3. Priscilla Thompson (City Clerk): And we need the speaker's name for the record, please. Mr. Noriega: Art Noriega, Executive Director, Miami Parking Authority. Vice Chairman Teele: Art, are you saying that FR.2, we don't want to move? Mr. Noriega: No. FR.2 is the one we do want to move. FR.3 is the one we don't, because that's the old version. Chairman Winton: OK. So -- but -- and tell me again. FR.2, you said does not increase parking meter rates? Mr. Noriega: No. What -- City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: That's the one that deals with the residential permitting? Mr. Noriega: It really, really affects five -- or four primary areas. One is residential decal program. It establishes one. Chairman Winton: OK. Mr. Noriega: It establishes a process and a rate for meter bag removals, meter removals when we do construction projects. It affects -- It actually establishes rates for two facilities which were never incorporated in the rate ordinance, which is our Garage 4 and Garage 8, which is our Coconut Grove Garage and Downtown Garage. Vice Chairman Teele: Mr. Chairman, for purposes of acting on this, I would move the adoption of FR.2, and then let's discuss it. Chairman Winton: Yes. I -- Commissioner Regalado: I'll second. And this is exactly -- this is exactly what the Commission requested from him. Chairman Winton: No, I didn't understand. So I'm getting on board here. Commissioner Regalado: Oh, OK. Because I was confused when they told me about parking rates. I understand that this ordinance, what it does is what we asked Art to do. Chairman Winton: Yes. Commissioner Regalado: Is just go ahead and do the residential, start the process and then -- Chairman Winton: And there's going to be another part to this? Mr. Noriega: One more part, which is establishing a discount for City ofMiami employees who reside in the City for a monthly parking pass. Chairman Winton: OK. Mr. Noriega: Which was also requested. Chairman Winton: So we -- you -- motion, second. We have further discussion on this? Commissioner Sanchez: No. Discussion. Chairman Winton: Did you say "discussion"? Commissioner Sanchez: Yeah, discussion. Chairman Winton: OK. Yes, sir. Commissioner Sanchez: I mean, to be honest with you, we continue to have a problem in the City on parking, and although it's going to create more revenue for Off -Street Parking, I'd like to get a commitment of where we're going to have more parking built in our community. I mean, I continue to have a problem in my district with parking. I'm losing businesses. You know, they can't open up their doors, because they lack parking. And, you know, we can't just continue to say yeah, you know, give them the rates. I want a commitment from Off -Street Parking, because we've been three years -- And I woke up one time at 6 o'clock in the morning to make it to their City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 meeting, where they start at 7 o'clock. And I went in front of the board, and I made my presentation on the dire need that we have for parking in Little Havana. And I want to know what Off -Street Parking is doing. I know they went out there and they looked at a property. I don't know where they're at on the negotiations. But, you know, I'm not going to vote for another increase ifI don't get a commitment that more parking is going to be built in our community, especially in Little Havana. Chairman Winton: But this doesn't do any increases. Commissioner Regalado: That's -- Commissioner Sanchez: It does. Chairman Winton: This ordinance doesn't do -- no, it doesn't. Commissioner Regalado: No, it doesn't. Commissioner Sanchez: It's Ordinance 1 ? Chairman Winton: No. Vice Chairman Teele: But the next one, FR.3 -- Commissioner Sanchez: FR.2? Vice Chairman Teele: -- 3 does increase. Chairman Winton: Yeah. Commissioner Sanchez: This is FR.2. Chairman Winton: Yes, FR.2. Commissioner Sanchez: FR.2 does increase parking. Chairman Winton: No, it doesn't. Hr. Noriega: No, no, it doesn't. All it does is establish some rates and procedures which are already in place. It just establishes them by ordinance. There's no rate increases at all in FR.2. Commissioner Sanchez: Well, apparently, I'm -- Commissioner Regalado: I think that FR.4 does what you asked -- Chairman Winton: FR.3, you mean. Commissioner Regalado: -- the bond. Vice Chairman Teele: We've already approved the bond. Commissioner Regalado: Oh. Commissioner Sanchez: Yeah, we already approved the bond. But let me just say what I have here in my notes, on my research -- City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: No, we didn't. Commissioner Sanchez: We haven't approved any bonds. Alejandro Vilarello (City Attorney): A facility authority is what you -- Commissioner Regalado: We haven't done the bond, right? Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yeah. Commissioner Sanchez: I believe I have the floor, sir. Chairman Winton: You sure do. Mr. Noriega: Commissioner, you want me to address your concern? Commissioner Sanchez: No, my concern -- Mr. Noriega: Irrespective of this, you want me to address the issue you raised with regards to what we're doing? Commissioner Sanchez: Oh, absolutely. I want to hear from Off -Street Parking what you're doing to have more adequate parking in Little Havana. Mr. Noriega: OK. We -- specifically, as it relates to Little Havana, we are working with the City, with the Economic Development Department, on negotiating on a piece of property adjacent to the McDonald's site. That process, I've had -- I've been in on one conference call with the McDonald's people. They asked for some revisions to the appraisal, which are being done by the City. Once that comes back, we're -- our intent is to negotiate and buy a piece of property from McDonald's. The timing of that -- we're pushing this as fast as we can. It's been a hard process to getMcDonald's to the table. Now, they're at the table, so we're moving forward. We have incorporated in our long-range plan, especially our bond issue, which is actually not going to be heard today. That project is in our capital plan, specifically, that Little Havana project. So that project in particular, now, that's one item. We also did a feasibility for 8th Street. We are working with the City staff. We discussed it. I was at the Manager's staff meeting on Monday. We discussed a long-range plan in terms of the whole -- the whole district, but specifically that site you're addressing, next to the Tower Theater and next to Domino Park, that immediate area is being addressed now, in particular, with a project specific garage. So that's that issue in particular. So we're addressing the issue. We're trying to tackle it. Understand that in the last -- Commissioner, in all fairness, in the last four or five years, we haven't had the resources to do much in terms of capital projects. Now, we're at a point now where we've got a - - we're working on what I think is a significant improvement in terms of our relationship with the City, with the Administration. We're working on a bond issue that's not ready to go before the Commission now. It's going to go probably in the next 30 days. But that's going to allow us to do some more projects, some significant capital projects in the City. That's really what we've been -- Our hands have been tied a bit in the last four or five years. Commissioner Sanchez: You know, I -- since we don't get to speak, and only in Commission meeting, let me just tell you -- and I want my colleagues -- I've been very supportive. As a matter of fact, there's an issue here today that really, I'm supporting, because I believe in the rebirth and revitalization of downtown, because we're all going to benefit from it. But let me just tell you, the lack of parking in Little Havana, it is hampering the revitalization. It is like gasping for air when you constantly have your nose underwater. I can't have -- and I can bring you the staff City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 and I've talked to the City Manager on it. I've got businesses that can't open up, because they don't have parking. I've got businesses fist fighting over leasing parking for valet. I mean, it is to a point where it is our number one crisis in Little Havana. And that's why, you know, ifI have to go back out there at 6 o'clock in the morning, which I don't want to do, I'll go back out to your meeting. Vice Chairman Teele: Mr. Chairman. Commissioner Sanchez: But what I want to see is a commitment from Off -Street Parking that they're going to do everything within their power or whatever they're going to do to assure that in the next year, there will be a strong commitment from the City Administration and from Off - Street Parking to have parking in Little Havana. Mr. Noriega: Absolutely. Commissioner Sanchez: Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: And by -- yes. Vice Chairman Teele: I want to express to Art Noriega the strongest possible support for everything that Joe Sanchez just said about Little Havana. And I'm also supportive of everything that Angel Gonzalez will say, if we give him the next hour, about how important parking is in Allapattah. And I've been saying it ever since I really realized what's killing businesses in the urban core is the lack of parking, in Model City, in Little Haiti and in Overtown. So the three poorest districts that are here, economically -- Clearly recognize that I think we've got to do something totally different from what we're doing, because this is the way the old Commission used to operate. The Commissioners would point their finger, and dah-dah-dah-dah-dah. And, you know, and if you don't do it, you know, the next time you come here and -- ten years later. We have abrogated our responsibilities as Commissioners on this issue. Chairman Winton: Right. Vice Chairman Teele: And I think what we need to do is, first of all, approve this, but let's set up a discussion item within the next 30 days, a discussion item with the goal of being within 180 days having a comprehensive plan. And let me tell you what I'd like to discuss. I'd like to discuss, first and foremost, the two million dollars ($2, 000, 000), and moving that money into a fund that we control, so that you don't have to go beg them about a particular area, where you can designate the area, but they'll expend it, in other words, for parking, strictly for parking, because that's the one thing that we can all agree on. Number two, in the past -- and the way the Off -Street Parking has manipulated this thing, is that in their bond indentures -- and that's what I asked Alex. That's why I was late this morning at 9 o'clock. I was asking Alex to go through their bond indenture -- Commissioner Sanchez: If it's not profitable, they're not going to build it. Vice Chairman Teele: -- go through their bond indenture, because you're -- you just broke the code, Commissioner. They truly, intelligently, from their point of view, but to the detriment of the City, put in their bond indenture, we are not going to build a parking lot unless it is financially feasible. What's wrong with that? Nothing. That sounds great, if you're running a business. But if you're running a City, if you're forming a City and your goal is to provide infrastructure support -- roads, sidewalks, lighting, curbing, gutters and parking -- then there's something fundamentally flawed with that. I don't blame them. I blame us. And so we need to come to the table. And let me put the big "Kahuna" on the table while we can have this City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 discussion and not kill each other. With the people's transportation plan, there is the potential of taking transportation dollars that are coming to the City, and for that matter, to the County, and building some of the parking facilities, like the one that Commissioner Gonzalez is looking at, or using that as leverage, or matching. But what we've got to have is this: We've got to have a memorandum of agreement, an interlocal agreement, something more, than "I'll do it," that binds them to what it is we're saying, because the Charter of the City -- these boys are the smartest people that ever came to this City, the people that set up Off -Street Parking. I've said it every time I've been here. The Charter of the City prohibits the City from owning or operating a parking lot facility. So at the end of the -- Am I correct, Mr. Attorney? Mr. Vilarello: Generally speaking, yes. Yes. Vice Chairman Teele: So at the end of the day, we're still -- begging hat in our hand. But we can, through an interlocal agreement, do that. I think we need a comprehensive plan that goes disfrict by disfrict, neighborhood by neighborhood, community by community, as a part of our capital improvement plan, as an offset of that, as an annex, to really deal with the problems that Commissioner Sanchez is having, which he feels so passionately about now; the problem that Commissioner Gonzalez has expressed a hundred times, as relates to Allapattah; and the point that I've been saying ever since I've been here about Overtown, Little Haiti and Model City. On 7th Avenue, Art, you know -- and I will be parochial -- I would ask you, what are you doing on 7 th Avenue? It's been in the newspapers, it's been in discussion. We've had public hearings. There is no solution for those businesses on Northwest 7th Avenue from 40th Street all the way up to 62nd or 64th in there. There's no solution for them. Commissioner Gonzalez: Let me correct you. From 5th Street to 79th Street. Vice Chairman Teele: From 5th to 79th Street. Mr. Noriega: Yeah. Commissioner, I've been at every single one of those meetings with FDOT ( Florida Department of Transportation). There was on -street parking there before FDOT improved the road. All of a sudden, all that parking got eliminated. Vice Chairman Teele: It was on -street. Mr. Noriega: On -street, correct. Vice Chairman Teele: I mean, you know, that's fine, Art. But Off -Street Parking doesn't manage on -street parking. DOT (Department of Transportation) does. Mr. Noriega: No, no. We manage the on -street parking. They control the right-of-way, correct. There's a lot -- there's the Martin Luther King Lot, which is a couple of blocks away. We had a property there. It was -- that we owned -- which was sold for a redevelopment project, which now is the grocery store. We had some inventory in the area. It's been replaced with commercial businesses and parking in that area. The issue really is those businesses, specifically along 7th, have to have parking that is easily accessible to them. They don't want it a block away, and they don't want it a half a block away. They want parking right in front of their store. Vice Chairman Teele: Art, Art, and I'm not disagreeing with you, but the solution is we have to come up with a different concept about Off -Street Parking, because, "A," the parking is cost - prohibitive for these small and individual businesses. When you've got people who are dong gross sales of eighty thousand and ninety thousand dollars ($90, 000) a year, including the three or four people that they're paying, they can't go out here and acquire a piece of vacant land for twenty-five, thirty thousand dollars ($30, 000). Only Off -Street Parking can do it. Only the City, working with Off -Street Parking, can do it. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. Noriega: I know, Commissioner. But ifyou -- I was at those meetings. The issue isn't that there isn't parking inventory. The issue is that they don't have parking available to them directly in front of their store. I sat in those meetings. I've been to two. I've been there with a congressman. I was at those meetings. Their issue is the on -street inventory, specifically, as it relates to 7th. As an aside, it's my understanding -- Vice Chairman Teele: But Art, you know and I know that we cannot control the DOT. They have the right to their land, just like a private business has the right to their land. We've got to come up with an alternative. But I -- Mr. Chairman, you've been patient. I don't want to -- All that I'm saying is we need to have -- Mr. Noriega: I know, but they allowed the existing condition for 20 years, and then all of a sudden decided to change it. So -- Vice Chairman Teele: We need to have this discussion in an intelligent -- Mr. Noriega: As far as a comprehensive plan -- and I want to address that issue. I know that a resolution was passed at the last meeting, creating a task force and which your -- you've been asked to chair. So my intent is to move on that as quickly as we can. I don't know specifically where we are with regards to getting that moved now, but I'm prepared to do it. Commissioner Regalado: Mr. Chairman, because I have to leave, just one brief comment. You forgot District 4 in the parking. There are two businesses -- Vice Chairman Teele: You all got plenty parking. Commissioner Regalado: There are two businesses in -- the law of unintended consequences. There are two businesses in Coral Way that the occupational license would not be granted to them, because they don't fall within the category of parking spaces they need. And you know why? Because the voters of the State of Florida passed a resolution or an amendment to the Constitution. You cannot smoke inside cafeterias, all that. So they had to move some tables outside. And by doing that, the City considers that they need more space, but they don't have it. There is no space in Coral Way. So two are about to have the large problem. The last thing I wanted to do before I leave, since we are dealing with this, I have a resolution appointing an individual as a member of the Off -Street Parking Board for a term as designated herein. And this is what the Board suggested we need to just approve. So they proffered the name of Cami Reyes as -- Chairman Winton: Don't we have a motion on the floor? Vice Chairman Teele: Yeah. Chairman Winton: Do we? Commissioner Regalado: No, we don't. No, we didn't. Priscilla Thompson (City Clerk): Yes, you did. Chairman Winton: That's what I thought. So, Commissioner Regalado -- Ms. Thompson: On the first reading on the ordinance. Chairman Winton: -- can't we bring that -- You can bring it up right after -- City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: Why don't we just vote on this ordinance before he leaves and continue to discuss it? Chairman Winton: Vote on which ordinance? Vice Chairman Teele: On the ordinance that's before us now. Chairman Winton: Oh, I'm fine with that if we're done talking. I didn't know if we're done talking. Vice Chairman Teele: We ain't. We can continue to discuss it. Commissioner Regalado: I've got to go. But I do support the residential part, and I do support the bond issue that is going to come up. So just to make a comment. Chairman Winton: Yeah. And I'm going to repeat just one more time, Commissioner Sanchez, in particular, we're the ones that have voted on every year on taking two million bucks a year out of their revenues to put into our general fund that gets lost to no end. And, by the way, you know how much -- you could bond out -- what? -- twenty-five million dollars ($25, 000, 000) today, at least? Vice Chairman Teele: Of projects. Chairman Winton: Of projects. You can do a lot of projects. And one last point, Art, on the thing. I think we've got to look at -- because you've made the point in all -- We can't build big parking garages in most of these places. We need to figure out how we build small little things that are really accessible. And I know that's a challenge, but I think that is the real long-term answer, because people aren't going to go four blocks to park, or even three blocks, for that matter. OK, I'm sorry. We have a motion and a second. This is an ordinance. Would you read the ordinance, please. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. At this point, a roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. FR.3 03-0127 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV, , OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES/TRAFFIC/ PARKING RATES" BY: (1) ESTABLISHING A MONTHLY ON STREET PERMIT PROGRAM; (2) CHANGING THE PARKING RATES AT CERTAIN SPECIFIED ON -STREET PARKING LOTS; (3) CHANGING THE PARKING RATES AT CERTAIN MUNICIPAL PARKING GARAGES; (4) AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") BOARD TO CHANGE RATES BY RESOLUTION; (5) PROVIDING CITY OF MIAMI EMPLOYEES WHO RESIDE WITHIN THE CITY A DISCOUNT FOR THE PURCHASE OF A MONTHLY PARKING PERMIT; (6) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (7) PROVIDING FOR METER REMOVAL; (8) AUTHORIZING A City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (9) BY INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, AND 35-193, AND BY ADDING NEW SECTIONS 35-194, 35-195 AND 35-196 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND CONTAINING AN EFFECTIVE DATE. 03-0127- cover memo.pdf 03-0127- memo from parking authority.pdf 03-0127- legislation.pdf WITHDRAWN WITHDRAWN Chairman Winton: And FR.3 is being pulled. I mean FR -- Alejandro Vilarello (City Attorney): FR.3 and FR.4 are being withdrawn. Both of them -- all both withdrawn. Chairman Winton: Are they? OK. Chairman Winton: Do we have any other items? OK Albio Castillo: Two minutes and I'll be out of your -- Chairman Winton: No. Mr. Castillo: Come on. Chairman Winton: No. We're trying to get out of here. Mr. Castillo: It'll only take me two minutes. Chairman Winton: Tell me what it's related to. Mr. Castillo: It is the parking meters, illegal parking meters in the City ofMiami. Chairman Winton: No. That issue -- Mr. Castillo: And that is it. Chairman Winton: No. The parking thing was earlier. Mr. Castillo: Right. I did not -- couldn't make it. But that's the only thing I said, and I said it just now. Make sure that the City gets their parking meters straight before they pass this on the ballot when it's due on November the 4th. Thank you. That's all I was going to say. Chairman Winton: Thank you. OK. We're done. Meeting's adjourned. Go Marlins. FR.4 03-0111 ORDINANCE First Reading AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF TAXABLE OR TAX-EXEMPT PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA, SERIES 2003 IN AN AGGREGATE PRINCIPAL AMOUNT NOT City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 EXCEEDING $45,000,000 FOR THE PURPOSE OF PAYING THE COSTS OF OR REIMBURSING THE DEPARTMENT FOR THE COSTS OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC PARKING FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST THEREON FROM CERTAIN REVENUES DERIVED BY THE DEPARTMENT OF OFF- STREET PARKING OF THE CITY FROM ITS PARKING SYSTEM AND OTHER AMOUNTS AS PROVIDED HEREIN; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO CERTAIN OFFICERS OF THE CITY AND THE DEPARTMENT AUTHORITY TO APPROVE THE FORM OF AND TO EXECUTE AND DELIVER A BOND PURCHASE AGREEMENT, OFFICIAL STATEMENT, CONTINUING DISCLOSURE CERTIFICATE AND OTHER DOCUMENTS AND CERTIFICATES RELATED TO THE 2003 BONDS; DELEGATING TO THE CHAIRMAN AUTHORITY TO OBTAIN BOND INSURANCE AND A RESERVE PRODUCT WITH RESPECT TO THE 2003 BONDS; AND PROVIDING AN EFFECTIVE DATE. 03-0111- cover memo.pdf 03-0111- table of contents.pdf 03-0111- legislation.pdf 03-0111-memo from LAW.pdf WITHDRAWN WITHDRAWN FR.5 03-0129 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 (h)(3)(ii) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO DELETE PROVISIONS THAT PERMITTED LIEN(S) RELEASED PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY OF AFFORDABLE HOUSING PROJECTS BY THE CITY MANAGER TO BE REINSTATED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0129- cover memo.pdf 03-0129- memo from LAW.pdf WITHDRAWN WITHDRAWN Direction to the City Attorney: by Vice Chairman Teele to conduct a workshop related to FR.5 with the attorneys and concerned parties. Chairman Winton: FR.5, then. Alejandro Vilarello (City Attorney): Mr. Chairman, this is an amendment to an ordinance that was adopted recently, in an attempt to assist in the development of affordable housing. We added a provision that allowed City liens to be waived by the City Manager and reinstated in the City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 event that the developer did not comply with the restrictions. That created a difficulty for us, simply in that there was no way to reinstate the lien that we have removed. So this ordinance removes that section that previously allowed the Manager to release the liens prior to the developer actually getting a certificate of occupancy. Commissioner Gonzalez: So move FR.5. Commissioner Sanchez: Second. Chairman Winton: There's a motion, second. Discussion. Jerry Flick: My name is Jerry Flick. I had a meeting last week with Ricardo Gonzalez, Jason Walker from your office and Barbara Rodriguez. And we had a brief telephone conversation with Alex. I had a copy of this ordinance, and I had several questions on it. I didn't feel it was clear. I don't know if anything has been changed on it or not. It's my understanding that the release of liens is not given until we have a CO (certificate of occupancy); is that correct? Mr. Vilarello: That's correct. Mr. Flick: Or a final inspection. Chairman Winton: Jerry, pull the microphone up a little bit, would you? Thank you. Pull it up more, so I can hear you. Mr. Flick: OK. Then the next question came is if there is a lien on the property, you cannot get a consfruction mortgage because the consfruction mortgage has to be first lien. The second thing that came up -- the next thing that came up is that they would -- Barbara Rodriguez said that we could subordinate. I requested that could be put into the ordinance, so it was clear that the first mortgages would be subordinated to these liens, so we'd have good titles. The next question -- Chairman Winton: Are you asking -- well, let him -- Mr. Vilarello: Can I address that? Mr. Flick: Is it a -- Mr. Vilarello: Not it is not. Ms. Rodriguez did schedule it to be considered for the information of the Housing Loan Committee. And in the event that they -- because it would be appropriate, as a matter of policy, to subordinate the lien to that consfruction mortgage. But the Administration wanted to first bring it to the Housing Loan Committee before recommending it to the City Commission. So it is not currently in this ordinance. Chairman Winton: Why would we take it to the Housing Loan Committee? Mr. Vilarello: They deal with all of the CDBG (Community Development Block Grant) dollars and the subordination issues with regard to the expenditure of those dollars, in connection with brick and mortar projects. Chairman Winton: Well, I think it's a major public policy issue, and I'm not sure that -- I guess it might be appropriate from an information standpoint to take it to that committee. But we set policy on that stuff not the committee. Mr. Vilarello: Yes, sir. You, as a matter -- you can set that in this ordinance without going through the Housing Loan Committee. City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: But Barbara just feels that because they're volunteers, doing a great job, she wants to take it by and just see if she hears anything. Mr. Vilarello: And I concur, because these are the types of issues that we generally bring to their attention. Chairman Winton: Fine. OK. Vice Chairman Teele: Mr. Chairman, also, this -- the way this process evolved was it was a consent agreement between the City and the Federal Government that the Commission would not be involved in certain financial activities that are purely technical in nature. The subordination actually becomes somewhat of a technical issue. And personally, I think it would be much better if the Housing -- if that Committee that was set up got that expanded. But I think Mr. Flick is right that to perfect this for first reading, there should be some reference to subordination. Otherwise, you're going to have to do another ordinance, because you're expanding the scope of the ordinance, the title. Mr. Vilarello: If you were to put -- add that language at second reading, it would be a material change, requiring first reading again. The way to correct that is to add the language -- Chairman Winton: Now. Mr. Vilarello: -- now. And in the event that you decide not to go forward with the authorization for subordination, you could withdraw it without requiring it to go to first reading. Mr. Flick: OK. If purchase a piece of land off of the list of lands, and these lands are the properties that are delinquent in taxes, that no one wants and no one will buy the tax certificates, and no one will buy the property on the courthouse steps, these properties are loaded with liens and back taxes. IfI go down and buy a property, what assurance do I have that you will subordinate or waive your liens when I get my CO? That's the question. I'm going to put out a lot of money, and I don't know where I stand. Chairman Winton: And right now, you have no assurances, so you're not going to put the money out. Mr. Flick: That's correct. So we're not going to -- Chairman Winton: So they're going to sit. Mr. Flick: We're not going to redevelop. Chairman Winton: They're going to sit, and sit and sit. Cancer, cancer, cancer. I'm sorry. Mr. Flick: All right. Next question is the definition of "affordable." The normal definition of " affordable" is a moderate, low and very low income. During this meeting, they were saying that affordable does not include moderate income. The Federal definition states that that's moderate, and also, the State says it also includes moderate. So this has to be defined in the ordinance. If the ordinance says affordable, affordable -- should say affordable, and it should say moderate, low and very low income, so there's no question about it. Chairman Winton: Well, let's have an answer to that. Linda Haskins (Deputy City Manager): The issue of affordable housing is actually being addressed in connection with an impact fee ordinance. We do have several definitions of " City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 affordable." One is put out by the State of Florida under the SHIP (State Housing Initiative Partnership Program) Program. The sales price on that is around a hundred and sixty -thousand today in Dade County. Under the HUD (Department of Housing and Urban Development) regulations, the sales price for what's considered affordable is about a hundred and seventy thousand dollars ($170, 000). Vice Chairman Teele: One -seven -zero? Ms. Haskins: One -seven, right, around a hundred and seventy. And then there are -- for the qualifying buyer, there are different income tests. We are working on that and can come up with a definition to use consistently throughout these ordinances. Mr. Flick: What I'm really asking is that the City's definition is the same as the County, the State and Federal government. Vice Chairman Teele: But the County and State are different. Chairman Winton: Yeah, they're different. Vice Chairman Teele: The State and the Feds are different. Chairman Winton: Right now. Vice Chairman Teele: Based upon what our Manager just -- Mr. Flick: Yes, they're different right now. And why? OK Chairman Winton: But Jerry, you can't -- You said make them all the same. We can't make them all the same, because the Feds and the State are already different. So we can't change the Feds and the State. We can only try to fit one of those definitions. Mr. Flick: That's fine. So consistent with the -- so consistent with the Federal and State -- Chairman Winton: Well that's my -- Mr. Flick: -- definition. Chairman Winton: They're different. The Federal definition, at least what I just heard, the Federal definition and the State definition are different. Mr. Flick: No, no, they're the same. I don't know how they differ. Vice Chairman Teele: You know what, Mr. Chairman? I will tell you this: I really believe -- and with all due respect to Mr. Flick, who has been before this Commission, since I've been here, at least eight to ten times. He's one of the people that's out there frying to deal with some of these issues. I think we ought to pull this, have a workshop, get the attorneys involved, get everybody involved, unless, Madam Manager, you disagree. And we don't want to make the sausage up here. Ms. Haskins: I agree with that. That's a good solution. Mr. Flick: That's fine. That's the way it should be. Chairman Winton: Do we have a motion already? City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. Flick: One other thing I wanted to bring up for conversation. Chairman Winton: We want you to bring that up in this committee meeting. Mr. Flick: Well, let me just bring it up here, just so there's no comment or problem with it. And that's on the tax certificates. When you have a property on a list of land, no one has bid on that tax certificate. Therefore, that tax certificate is owned by the County. OK? Now, the County ordinance would waive that, their interest in that tax certificate. However, the City still has an interest. So this ordinance should also include not only liens, but whatever interest they have in Chairman Winton: Got it, Jerry. We got it. We got it. Mr. Flick: -- tax certificates and other liens. Chairman Winton: Jerry, there's this whole point, so we got it. Mr. Flick: OK. Chairman Winton: So we have a motion on the table. So we need to withdraw the -- Mr. Vilarello: Mr. Chairman, I brought this before the City Commission. I would withdraw Item FR.5 and go ahead and meet with the gentleman and any other interested individuals with regard to this, and bring back something at a later date. Chairman Winton: Perfect. Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: But on this issue that Mr. Flick keeps alluding to, let's don't let this turn into a reverse scenario. If we're going to waive taxes, our waiver must be contingent on the County having waived them, because I can tell you what's going to happen. Chairman Winton: Right. Vice Chairman Teele: They're going to run back and forth. And we can't waive the County, and it's really the County's deal, I mean, under the State Constitution. So we have that right. Butl don't think we should be in the business of waiving taxes if the County is not going to waive taxes . And the worst thing that can happen is what's happened for the last 40 years, is the property waits there until the economy moves up to make it economic. And so I'm not opposed to raising the fees, the unpaid taxes, butl am opposed to doing it if the County doesn't do it. Chairman Winton: Right. Mr. Flick: I think have a legal question here -- Vice Chairman Teele: No, no, no. Mr. Flick: -- that you might be able to answer. Vice Chairman Teele: Your legal question ought to be going to the lawyer. Mr. Flick: The legal question is if the County raises taxes -- City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Jerry, Jerry -- Mr. Flick: -- it's up to the City -- Chairman Winton: Jerry. Mr. Flick: Yeah. OK. Vice Chairman Teele: Mr. Chairman -- Chairman Winton: Thank you. Vice Chairman Teele: -- he's actually right. Chairman Winton: I know but -- Vice Chairman Teele: But this isn't the time to do it. I think the County should waive it for the City. Chairman Winton: If they want to continue to debate it, we'll open it up again and let him talk about it all he wants to talk about. Otherwise -- Vice Chairman Teele: You're right, Mr. Chairman. Chairman Winton: So thank you. And Jerry, thank you for the good work. You've been very persistent, and we need that. FR.6 03-0146 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION, USE REGULATIONS, BAYFRONT PARK MANAGEMENT TRUST, TO ESTABLISH CRITERIA FOR DENIAL OF PERMITS FOR USE OF BAYFRONT PARK AND ITS FACILITIES; MORE PARTICULARLY BY ADDING NEW SECTION 38-116 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0146 -cover memo -1.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado Chairman Winton: OK. Do we have any other time certain that we've missed? Commissioner Sanchez: Mr. Chairman, could we take up FR.6? Chairman Winton: I'm sorry? Commissioner Sanchez: FR.6. It's an ordinance, first reading. Bayfront Park. Chairman Winton: FR. 6., FR.6. Where is it? FR.8. Find FR -- Vice Chairman Teele: Do you want to move it? City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Sanchez: So move. Chairman Winton: I had to find it first. OK. Vice Chairman Teele: Second. Chairman Winton: We got a motion. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Is this an ordinance? Alejandro Vilarello (City Attorney): Yes, it is. Chairman Winton: OK. Yes, sir. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. At this point, a roll call was taken, the result of which is stated above. Priscilla Thompson (City Clerk): The ordinance is passed on first reading, 4/0. RESOLUTIONS 9:30 A.M. RE.1 03-0123 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE CIVILIAN INVESTIGATIVE PANEL'S APPOINTMENT AND TERMS AND CONDITIONS OF EMPLOYMENT OF SHIRLEY E. RICHARDSON AS EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL; FURTHER RATIFYING THE CITY MANAGER'S DECISION TO ALLOW MS. RICHARDSON TO SERVE AS SAID EXECUTIVE DIRECTOR WHILE MAINTAINING HER STATUS AS A CITY OF MIAMI EMPLOYEE, SUBJECT TO ADHERENCE OF ALL CITY POLICIES AND PROCEDURES DURING THE TERM OF HER APPOINTMENT. 03-0123- cover memo.pdf 03-0123- memo from CIP.pdf 03-0123- exhibits.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1115 Vice Chairman Teele: Mr. Chairman, I would ask that we take up RE.1, the confirmation of the Executive Director of the Civilian Independent Panel. We've had a lot of citizens waiting. Peter Roulhac: Mr. Chairman, good morning. Good morning, Commissioners. Mr. Manager, City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 good morning. I'm here with members of the Civilian Investigative Panel. I'd like to ask them to stand. Chairman Winton: And, Peter, you have to introduce yourself first, and give your address, sir. Mr. Roulhac: I apologize. Peter Roulhac, 200 South Biscayne Boulevard, 15th Floor. I'm here this morning in place of our CIP (Civilian Investigative Panel) Chairman, Larry Handfield, who had to be out of town. On September 16th, the CIP unanimously appointed Shirley Richardson as our Executive Director. Ms. Richardson is a veteran employee of the City ofMiami. She has expertise in the development of departmental policies and operations, budget preparation, investigation, civilian oversight and enforcement. She has been our eyes and ears in this community and on the street since our initial meeting in January. The bottom line support was that she's a passionate person. She works with speed. She has tenacity. We would encourage you, Commissioners, to re -affirm our appointment and selection ofMs. Richardson as our Executive Director. Vice Chairman Teele: Mr. Chairman, I move the ratification of the Board's nomination -- Commissioner Sanchez: Second. Vice Chairman Teele: -- with the proviso that each member of the Board should come up and give their name and address, just for the record, so that it's on the record. JanetMcAliley: JanetMcAliley, Vice Chair, the CIP. Fred St Amand: Fred St. Amand, 54 Northeast 54th Street, a member of the CIP Board. Otis Davis: Otis Davis, 2380 Northwest 97th Street, member of the CIP Board. Jaime Perez: Jaime Perez, 369 Southwest 23rd Road, member of the CIP. Brenda Shapiro: Brenda Shapiro, 1861 Southwest 21 st Terrace, member of the Citizens Investigative Panel. Richard Dunn: Richard P. Dunn, II, 1895 Northwest 57th Street, member of the CIP. Danny Couch: Good morning. Danny Couch, 3180 Lamb Court, Miami, Florida, member of the Civilian Investigative Panel. Thank you. Mr. Roulhac: We are showing here by our support, by our presence, by our hard work that we're doing at ground level, on behalf of this community, our support for Ms. Shirley Richardson, and I would encourage your ratification of our appointment. Chairman Winton: Great. Thank you very much. And my apologies to all of you for keeping you waiting all this time. By the way, it was -- and I don't mean to abuse your time, because I know you're volunteers and you've spent a lot of time on this. But did this by design, so you want to beat me up later, you're certainly welcome to. Butl thought that y'all being here, here in this forum was a very important part of where you're all headed. So again, my apologies for making you sit through this whole thing. However, it was by design. We have a motion and second. Any further discussions? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you all. City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. Roulhac: Mr. Chairman, thank you very much. And for the record, also, CIP Member Thomas Rebull was also here. He had to leave on a personal engagement. Chairman Winton: Great. Mr. Roulhac: Thank you very much. Chairman Winton: Thank you. RE.2 03-0101 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION OF FUNDS, IN THE AMOUNT OF $2,850,000, FROM MIAMI-DADE COUNTY ("COUNTY") TO PROVIDE FINANCIAL ASSISTANCE, ON A REIMBURSEMENT BASIS, FOR THE GRAND AVENUE STREETSCAPE AND ROAD IMPROVEMENTS PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 341208; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0101-memo-1. pdf 03-0101-analysis-2. pdf 03-0101 Agreement-3.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Teele and Winton Absent: 2 - Commissioner Regalado and Sanchez R-03-1131 Vice Chairman Teele: What was the item that you wanted? RE.2? Chairman Winton: I was going just kind of back into order. Vice Chairman Teele: OK Chairman Winton: And the next order is -- Vice Chairman Teele: Have we done RE.1 ? Chairman Winton: RE.1, yes, we did already. That was Shirley Richardson. Vice Chairman Teele: Mr. Chairman, I move RE.2, the funding for the Grand Avenue Project. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Vice Chairman Teele: There is a substitute. I'm moving the substitute. Chairman Winton: OK. City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Jorge Cano (Director, CIP): Good morning, Commissioners. Chairman Winton: You want to talk on the substitute? Mr. Cano: Yes, sir. We're passing out a substitute agreement that is the result of negotiations with Dade County. And the changes in the agreement include a longer term for completion of -- Chairman Winton: Hold on, hold on. We're going to lose the quorum. Vice Chairman Teele: We're going to lose the quorum. Commissioner Gonzalez: No, no, no. I'm here. Chairman Winton: OK, I'm sorry. Continue. Mr. Cano: OK Some of the items that were modified as a result of negotiations with the County include a longer term of 210 days, which is more realistic. Also, the County is going to complete the dry run in the permitting, and the utility clearances, so that we receive a fully permitted set of plans and the specs. The County is also going to maintain the standard landscaping, and also, there are provisions for the County to secure CITT (Citizens Independent Transportation Trust) approval, because two million dollars ($2, 000, 000) are coming from the People Transportation Plan. Chairman Winton: OK. Mr. Cano: And that's the essence of the changes. Chairman Winton: Two million dollars ($2, 000, 000) is coming from the People's -- Well, that's right, because it was on their -- Mr. Cano: Right. Chairman Winton: Never mind. Never mind. OK. So we have a motion and a second. Any other discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Mr. Chairman -- Commissioner Gonzalez: I got to go to Good Will for a ceremony of -- they're accepting a grant for a project. Chairman Winton: OK. Is Commissioner Sanchez -- Vice Chairman Teele: We'll just stop. Chairman Winton: Yeah, we'll just stop. Yes, sir. Vice Chairman Teele: Before we leave, two quick things. Is RE.8 coming up today, or has that been deferred? Linda Haskins (Deputy City Manager): RE.8 has been deferred. City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: OK Because I never got the documentation, et cetera. As Commissioner Gonzalez leaves, I want to express my commendation to the Chairman in his role as the Commissioner from the district in Coconut Grove and that of the County representative, Commissioner Jimmy Morales, because they have really worked together. They've made appearances before the MPO (Metropolitan Planning Organization), the community, and it really shows, I think, a new spirit of cooperation. And I particular think George Burgess over in the County Manager's Office should receive some acknowledgement, because there is a new spirit of cooperation that is very self-evident. We saw it last night in Little Haiti, where the County had a senior representative there, talking about Northeast 2nd Avenue. And Johnny, I just think that this City owes you a debt of gratitude for spearheading a much more collegial spirit of cooperation between the City and the County, as evidenced by the Grand Avenue Project. And we salute you, sir. Chairman Winton: Thank you very much. Appreciate it. Thank you. OK. We're going to be back at 3? Commissioner Gonzalez: 3. Chairman Winton: 3 o'clock it is. RE.3 03-0102 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION OF FUNDS, IN THE AMOUNT OF $1,000,000, FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("DISTRICT") TO PROVIDE FINANCIAL ASSISTANCE ON A REIMBURSEMENT BASIS FOR PHASES IV AND V OF THE WAGNER CREEK DREDGING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-01 02-memo-1 .pdf 03-01 02-analysis-2.pdf 03-0102 Agreement-3.pdf 03-0102 - correspondence - 4.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1124 Note for the Record: Item RE.3 was first passed unanimously on motion made by Commissioner Sanchez and seconded by Commissioner Gonzalez, with Vice Chariman Teele absent. Subsequently it was reconsidered unanimously on motion made by Commissioner Gonzalez and seconded by Commissioner Regalado, with Vice Chairman Teele absent. It was later passed as modified unanimously on motion made by Commissioner Sanchez and seconded by Commissioner Gonzalez, with Vice Chairman Teele. Chairman Winton: And we've already done RE.1 and 2. So we could go to RE.3. Commissioner Sanchez: So move. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Gonzalez: Second. Chairman Winton: It's a grant. Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. RE.4, this requires a 4/5ths vote. Commissioner Sanchez: We have discussion. Hold on. Mr. Chairman, I believe staff had discussion on RE.3, which is a resolution. Chairman Winton: You all are going to have to get faster, you know what mean? Huh? Commissioner Sanchez: Some of us are frying to make it to the ball game tonight. Chairman Winton: We're on a roll. Jorge Cano (Director, CIP): OK Jorge Cano, Director of Capital Improvements. RE.3 -- Commissioner Regalado: Whoa. Chairman Winton: We're bringing RE.3 back? So do a -- Mr. Cano: A point of clarification. We have a substitute agreement from the one submitted in the agenda package, and essentially, the changes in the substitute agreement -- and I'll pass these out -- are changing the longer -- going to the longer term of 36 months, in lieu of 30 months. It reflects the correct project costs, and it also identifies the County permit as a deliverable. So what that does, it buys us a little bit of time if there are any delays. Chairman Winton: Mr. City Attorney, we need to reconsider PZ-3 (sic). We need a motion to reconsider PZ-3? Alejandro Vilarello (City Attorney): If it's necessary to make the change, you need to reconsider and then adopt it with the appropriate agreement attached. Chairman Winton: We need a motion to reconsider it? Commissioner Gonzalez: Yeah. I'll move, butt have a question on the -- Chairman Winton: Motion and a second on reconsidering. Commissioner Regalado: Second. Chairman Winton: Yes, sir, Commissioner Gonzalez. Commissioner Gonzalez: Mr. Cano, what is happening to the section of this canal between 15th Sfreet and 20th Sfreet? Mr. Cano: I believe that's Phase 3. Commissioner Gonzalez: That's Phase 3. Mr. Cano: That one is in design. The design should be completed around July. This contribution from the South Florida Water Management District is applying to Phase 4 and 5, City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 which is a section of the dredging that doesn't have FEMA (Federal Emergency Management Agency) funding. So as far as sequence, this one has to come first. The section of Phase 3 was dredged, I believe, in 1996. So that's the reason for the different timing. But it is in the pipeline to be done, as well. Commissioner Gonzalez: All right. So what you're telling me is that by July of next year, this is going to get done or it's going to be finished? Mr. Cano: The design, the design should be completed by July of '04. And then we've got to go through the permitting process. Sections 4 and 5 should be started before the end of '04. Commissioner Gonzalez: All right. Chairman Winton: OK. So we need a vote on reconsidering PZ-3. We have a motion and a second. (MULTIPLE PARTIES SPEAKING IN UNISON, UNINTELLIGIBLE) Commissioner Sanchez: You need to reconsider. Chairman Winton: We've got to reconsider. So you already made the motion to reconsider and second. Commissioner Sanchez: Motion to reconsider. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Now a new motion to approve -- Commissioner Sanchez: Motion to approve. Chairman Winton: -- amended. Commissioner Sanchez: So -- motion to approve the amendment. Chairman Winton: Motion. Second? Commissioner Gonzalez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. RE.4 03-0092 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND AUTHORIZING AN INCREASE IN THE CONTRACT WITH NATIONAL ROOFING/SOUTH FLORIDA, INC., IN AN AMOUNT NOT TO EXCEED $18 City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 ,000, FROM $258,700 TO $276,700, TO COVER COSTS OF ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "THE RIVER DRIVE WAREHOUSE ROOFING, B-6439A;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311709, FOR SAID INCREASE 03-092- cover memo.pdf 03-092- budgetary impact analysis.pdf 03-092- memo from public works.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Winton Absent: 1 - Commissioner Teele R-03-1125 Note for the Record: Commissioner Gonzalez stressed to the Administration to make more of an effor to hire, whenever possible, companies located within the City ofMiami. Chairman Winton: RE.4. Commissioner Gonzalez: Move, butl have a question for discussion. Chairman Winton: We got a motion. Commissioner Sanchez: Second. Chairman Winton: And a second. Discussion. Jorge, is this you again? Commissioner Gonzalez: OK This is re -roofing, roof work. Why are we going to Fort Lauderdale just to find a roofing company to do the roofing in the City ofMiami? We don't have any roofing companies in the City? Jorge Cano (Director, CIP): Commissioner, I can't answer that question. This is an old project that was completed. I'm not familiar with the details of the process to secure the contract. What it is, this is an item that was previously an emergency. And it's just amending the contract for the different -- due to structural conditions that were found after the roof was opened up there. The project was completed. Commissioner Gonzalez: It was completed? Mr. Cano: Yes, sir. Commissioner Gonzalez: So what you're telling me is that we -- they're going to have to redo the work or -- Mr. Cano: No, no. It was already done. Chairman Winton: It just cost eighteen thousand more than -- Mr. Cano: Eighteen thousand dollars ($18, 000) more. Commissioner Gonzalez: Eighteen thousand dollars ($18, 000) more. Mr. Cano: Yes, sir. City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Gonzalez: OK I would appreciate it, you know, if we look deeper into -- Chairman Winton: Yeah. Commissioner Gonzalez: -- confractors within the City ofMiami, because we are constantly -- constantly, they criticize out there that we don't do enough effort to hire companies from within the City ofMiami, companies that pay City ofMiami license, City ofMiami taxes, City ofMiami fire fee, and employs residents of the City ofMiami. So, please, I beg you that, you know, do an extra effort to find confractors, when possible, from the City ofMiami. Thank you. Chairman Winton: OK. We have a motion and a second on RE.4. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. RE.5 03-0104 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, TO ENSURE CITY CODE COMPLIANCE OF THE VIOLATIONS RELATED TO RECREATIONAL EQUIPMENT/MOBILE TRAILER AND A CARPORT WHICH ENCROACH INTO THE REQUIRED SETBACK OF THE PROPERTY LOCATED AT 2197 SOUTHWEST 10TH STREET, MIAMI, FLORIDA, SO LONG AS THERE EXISTS INADEQUATE REMEDIES AT LAW AND THE LIKELIHOOD OF IRREPARABLE INJURY WILL OCCUR IF THE INJUNCTION IS NOT GRANTED; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE FORECLOSURE ACTION AGAINST THE PROPERTY AT 2197 SOUTHWEST 10TH STREET, MIAMI, FLORIDA, FOR ANY OUTSTANDING LIENS RELATED TO CODE ENFORCEMENT OR COSTS RELATED TO THESE VIOLATIONS, PURSUANT TO APPLICABLE LAW. 03-0104- cover memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1126 Chairman Winton: I think that takes us to -- Commissioner Gonzalez: What about RE.5? We did that yet? Chairman Winton: Well, let's see. I have -- yes, it does. Commissioner Sanchez: RE.5. Chairman Winton: RE.5. City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Gonzalez: This is Commissioner Regalado's district. Chairman Winton: Yeah. Madam Manager, RE.5. Linda Haskins (Deputy City Manager): Yes. This is a resolution to allow the City to seek injunctive relief against a property. There are liens against this property. It's a foreclosure action. Chairman Winton: So we need a motion. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. RE.6 03-0105 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, BOND FINANCINGS OF THE CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY ON BEHALF OF CATHOLIC HEALTH EAST, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $58,000,000, FOR HEALTH CARE FACILITIES FOR MERCY HOSPITAL IN MIAMI AND HOLY CROSS HOSPITAL IN FORT LAUDERDALE, FLORIDA; APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO SAID SECTION 147(f) OF THE CODE; APPROVING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT LAUDERDALE, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 03-0105- cover memo.pdf 03-0105- exhibits.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado R-03-1114 Vice Chairman Teele: Mr. Chairman, we're going to have a problem, I think, here with the order of the day, the timing. Commissioner Regalado, you know, has to leave in about 15 or 20 minutes. And we have an item relating to the CIP (Civilian Investigative Panel) in which we had advertised at 9:30. I know that there's a lot of legal fees being wasted as bond counsels -- that's always a frightening sight, to see bond counsels doing nothing because -- what item are you here on, Senator? Chairman Winton: What item is that? City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Senator Kenneth Myers: RE.6. Chairman Winton: RE.6 Senator Myers: RE.6 shouldn't take long. Chairman Winton: RE.6, we will go to. Senator Myers: Ten seconds. Chairman Winton: Yes, sir. Yes. 10 seconds. Senator Myers: Well, a minute. Chairman Winton: OK Senator Myers: Kenneth Myers, Esquire, Sanders and Dempsey, counsel for the City ofMiami, Florida Health Facilities Authority. According to standard procedure, the Authority is simply asking the City to approve the minutes of the Authority under which they're going to do a financing for Mercy Hospital. Chairman Winton: Need a motion. Vice Chairman Teele: So moved. Senator. Myers: And Holy Cross Hospital. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed: The motion carries. Mr. Myers: Thank you. RE.7 03-0107 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE MIAMI SPORTS AND EXHIBITION AUTHORITY'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2003-2004, ATTACHED AND INCORPORATED. 03-0107- cover memo.pdf 03-0107- letter.pdf 03-0107- exhibits.pdf 03-0107 Backup-2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1127 Chairman Winton: RE.6. Oh, didn't we do RE.6? City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Alejandro Vilarello (City Attorney): You adopted that this morning. Chairman Winton: Yeah, that's done. RE.7. This is approving their -- MSEA's (Miami Sports and Exhibition Authority) operating budget. Commissioner Gonzalez: So move. Chairman Winton: Got a motion. Need a second. Commissioner Sanchez: Second. Chairman Winton: Discussion. Being none, all in favor -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I want to put on the record that there was several people here, and I think a personal appearance today. I received a lot of correspondence about the MSEA operating budget, and apparently an issue relating to some of the Haitian community concerns. I think, you know, again, the problem that we have here is that virtually all of the money went for one project. It's a Citywide project. It's a good project. I'm not prepared to belabor the point, butl just want it to be on the record, so that all of my colleagues know when you hear that reference again that there is some considerable concern about that process. But think we should unanimously approve this to move on. Chairman Winton: OK. So motion, second. Any further discussion? Vice Chairman Teele: MSEA. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Regalado, we passed RE .5 in your absence just now, which is in your district. But we assumed since it was seeking injunctive relief to fix the problem -- Commissioner Regalado: Yeah. I don't -- still, I don't understand very well that, but that's OK We need to move on. RE.8 03-0143 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM 2003-2004 MULTI -YEAR CAPITAL PLAN, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163. 3177, FLORIDA STATUTES (2003) AND CHAPTER 18, ARTICLE IX, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO ANNUAL PLAN REVIEW OF SAID CAPITAL PLAN TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS, AS NECESSARY. City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 03-0143 - cover memo.pdf 03-0143 - budgetary impact analysis.pdf 03-0143 -exhibit- CIP capital plan 1.pdf 03-0143 - exhibit- CIP capital plan 2 03-0143 - exhibit- CIP capital plan 3 03-0143-CIP - 5.pdf DEFERRED DEFERRED Chairman Winton: OK, RE.8. Vice Chairman Teele: That's been pulled. Commissioner Gonzalez: That's been pulled, yeah. Chairman Winton: Oh, it was? OK. BOARDS AND COMMITTEES BC.1 03-0120 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SOUTH FLORIDA WORKFORCE BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Nora Hernandez -Hendrix Jennifer Lange Cynthia Gaber Joe L. Chi Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1128 Vice Chairman Teele: BC.1. Is that next? Chairman Winton: Hold on, let me see. Yes, it should be, although -- Commissioner Regalado: I'll move -- Chairman Winton: -- yes. Commissioner Regalado: -- BC.1. City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Gonzalez: Second. Chairman Winton: Motion and second on BC.1. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Regalado: How many positions still we have, Barbara? Barbara Rodriguez (Director, Community Development): Barbara Rodriguez, Department of Community Development. Two. Commissioner Regalado: We still -- Ms. Rodriguez: Two are still vacant. Commissioner Regalado: Two are still vacant? Ms. Rodriguez: Yes. Commissioner Regalado: When is the deadline for -- Ms. Rodriguez: Right now. It was supposed to have been filled by July 1st. Commissioner Regalado: OK. But all these people will be in the next meeting, hopefully? Ms. Rodriguez: Correct. But even after those, we still have two vacant positions. Commissioner Regalado: OK. Can we submit names then? Ms. Rodriguez: Yes. Commissioner Regalado: Any category? Ms. Rodriguez: Private sectors. Commissioner Regalado: Private sectors. OK. Chairman Winton: OK. BC.2 03-0147 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commission At -Large (Commissioner Gonzalez) Commission At -Large (Commissioner Winton) Commission At -Large (Vice Chairman Sanchez) City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commission At -Large (Commissioner Regalado) Commission At -Large (Chairman Teele) Vice Chair Commission At -Large (Commissioner) Commission At -Large Commission At -Large Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz 03-0147-memo-1.doc DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Sanchez, and passed unanimously that this matter be DEFERRED. Commissioner Sanchez: BC.2. Chairman Winton: BC.2. I think BC.2 --Madam City Attorney, do you have a change in this? Maria Chiaro (Assistant City Attorney): When this ordinance was originally passed, there was a scrivener's error in it that provided that the appointments wouldn't happen for two more years. That scrivener's error and the fact that the Mayor should not be a voting member of this board should be changed. So I have before you, before you make the appointments, an emergency ordinance to correct those errors to make the ordinance aligned with what was intended. There were just some errors in it when it was originally adopted. So this change will make the Mayor a non -voting member, and will also allow for the appointments to happen this year instead of two years hence. Vice Chairman Teele: I'm not certain -- and does this replace, Mr. Chairman, the International Trade Board? Chairman Winton: Yeah. This is the body that's replacing the International Trade Board and melding it with the -- City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Sanchez: League of Cities. Chairman Winton: -- Sister Cities. Commissioner Sanchez: Sister Cities. Not the League of Cities. Excuse me. Chairman Winton: Yeah. This is for that same thing. Commissioner Regalado: So instead of three appointments that we had, we have one now. Chairman Winton: I think that's what this says. Ms. Chiaro: But that, in fact, was a scrivener's error. It was clearly intended that the appointments would happen this year and not two years hence. Commissioner Regalado: No, no, no. I'm saying that we used to have two appointees for the International Board and one for Sister Cities. Now, as the consolidation -- according to the consolidation, it's only one appointment per Commissioner, plus the Commission appoints a Commissioner for the Vice Chairmanship. That's -- Commissioner Gonzalez: So the Commission has one appointment which is a City Commissioner, who is going to be serving as the Vice Chairman, right? Commissioner Sanchez: No. Is it? Because I -- You're putting together the -- you're putting together the Sister City Program and the International Trade Board. That's what you're basically doing. Chairman Winton: Correct Commissioner Sanchez: All right. We passed that. So. Vice Chairman Teele: Yeah, but what I'm frying to understand is, the at -large appointment, is that a Commissioner? Commissioner Gonzalez: It's a Commissioner appointment. Commissioner Sanchez: It's a Commissioner. Commissioner Gonzalez: According to what it says here, right? Vice Chairman Teele: That's the person who's going to chair it. That's the role that Commissioner Winton is in now, right? Chairman Winton: That's correct. Doesn't mean I have to be that. Commissioner Regalado: Yeah, but that's not the point. The point that we're discussing is you appoint -- Suppose that -- I would move that you be our selection, because you've done -- Vice Chairman Teele: Second. That's not even under discussion. Commissioner Regalado: You've done an -- extraordinary. But then you have another appointment. Ms. Chiaro: Yes. The Commission has five appointments. City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: That's the question. Chairman Winton: The Commission at large has -- the Commission at large has one appointment. Is that what you're saying? Ms. Chiaro: The Commissioner who will serve -- Commissioner Winton -- is a non -voting member. Commissioner Regalado: Is a non -voting member? Ms. Chiaro: Yes. Commissioner Regalado: Why? Ms. Chiaro: That's the way it was proposed. There are -- that's the way it was proposed. Commissioner Regalado: That's not right. So the Chairman, the Mayor and the Vice Chairman, and the Commissioner cannot vote? That's not right. Commissioner Gonzalez: Why don't we defer this item until we get -- Chairman Winton: Until we get clarification. Vice Chairman Teele: Yeah. And let me just say my -- Chairman Winton: Great idea. Vice Chairman Teele: Let me say what my concern is. I believe that if we're going to go from one appointee -- three appointees to one, we've got to be real careful that we don't put ourselves in the situation we did with the CIP (Civilian Investigative Panel) and all this other stuff. We're five men up here. And these appointments invariably come out as being men. OK? The other concern that we have, in addition to gender is cultural diversity. The Sister City Program is very much involved in other countries. And I don't think one appointee -- and I mean I personally, Johnny, would like for you to negotiate with the Mayor or whatever for the Commission to have like three at -large appointees, which must be used for cultural and gender diversity. That's to say this: I'm an African American. I don't always appoint African Americans. In fact, I've taken a lot of criticism about the Code Enforcement Board, which for a year and a half didn't have any blacks on it. But if you're going to do something like the Sister City, I'm concerned as much aboutArabAmericans being represented on our City boards as I am aboutAfrican- Americans, because I think, you know, we've got a national problem. We've got a whole lot of things. And I just would like to have a little bit more flexibility. Butl don't want this just to be a bland appointment. I mean, I think the Commission should reserve at least two or three appointments for the purpose of gender and multi -national diversity. In other words -- Chairman Winton: I don't -- I think you're 100 percent right. I don't think the Mayor will have any problem with that at all. And I think the number ought to be three. Commissioner Regalado: The Mayor has nine appointments. Chairman Winton: Yeah. Commissioner Regalado: Out of the nine, we can take three -- Chairman Winton: Right. City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: -- for our at -large. Chairman Winton: We'll ask that three be at -large. Commissioner Regalado: At -large. Chairman Winton: Right. Vice Chairman Teele: But I want them to be limited to -- for the purpose of gender and cultural -- I mean international diversity. Chairman Winton: Right. Vice Chairman Teele: You know, we have Brazilians that need to be more represented, or people from the Middle East, or people from Asia, you know, on this kind of board. Chairman Winton: Correct. So I agree. So we're going to defer this item and then we'll bring it back, cleaned up and with the appropriate explanation. Commissioner Gonzalez: Move to defer. Commissioner Sanchez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. DISCUSSION ITEMS 9:00 A.M. DI.1 03-0137 DISCUSSION ITEM DISCUSSION REGARDING NEW LEGISTAR SYSTEM BY CITY CLERK. 03-0137- cover page 03-0137 powerpoint-1.ppt DEFERRED A motion was made by Commissioner Teele, seconded by Commissioner Gonzalez, and passed unanimously that this matter be DEFERRED. Chairman Winton: Now I think we -- Do we have a supplemental agenda? Commissioner Gonzalez: I think it's in front. Chairman Winton: Yes. So let's go to that real quickly. And then I think we're done, except for PZ's (Planning and Zoning). Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Did we do the Legistar item? I see one or two consultants. City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: We've not done -- the Clerk -- Maybe we'll go to that. Vice Chairman Teele: Has everybody gotten a briefing from -- Chairman Winton: Well, I didn't have time to get one, so they asked. Commissioner Sanchez: I think -- well, we had the briefing, and I -- you know, did everyone have the briefing, Commissioners? Chairman Winton: No, I did not. Commissioner Sanchez: Mr. Chairman, you did not? Chairman Winton: I had the opportunity, but I didn't have the time. So. Commissioner Sanchez: Well, I mean, you could defer it and bring it back. I mean, we're frying to get out of here early today. Vice Chairman Teele: And that's what I -- I realize there's some very important business -- Chairman Winton: A little later on in the evening. Vice Chairman Teele: -- that everybody is thinking about. So this is a good time for the PZ people to know that you get penalized for being long-winded. Chairman Winton: Right. Vice Chairman Teele: But in all seriousness, I do think that we should defer the PZ item, but I really think that -- Chairman Winton: You mean the -- Commissioner Sanchez: No, no, no, the -- Vice Chairman Teele: I'm sorry. Commissioner Sanchez: The Clerk's. Vice Chairman Teele: Both. Unless the -- the Legistar item. And I do think that the consultant should do this. The only thing that I would say is this: We need to get a legend printed up as -- on sort of a card, so everybody knows what `RM" and "NE's" and all that, you know. We're in the blind. Was there any reason that this could not be deferred, Madam Clerk? Priscilla Thompson (City Clerk): No, none at all, sir. We're still using the program. We're up and running, and we can do exactly what you want us to do with that legend card. You want it placed at your podium -- at your seat? Chairman Winton: Yeah. Vice Chairman Teele: Yeah. Chairman Winton: Yeah. Ms. Thompson: Because we already have it. The legend card is done up -- well, the legend is City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 now done up on the table of contents page in the agenda, and we'll make a small card for yourselves. Chairman Winton: Sometimes we're a little slow, so probably post it here and here. Works better for me. Ms. Thompson: Not a problem. Chairman Winton: I can't find all this stuff in there. OK? Vice Chairman Teele: Move to defer. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. PART B PZ.1 03-0044 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3215, 3225, 3235 AND 3245 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0044-Backup1.pdf 03-0044-Backup2.pdf 03-0044-Legislation .pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3215, 3225, 3235 and 3245 SW 22nd Terrace APPLICANT(S): Urbanism Coral Way, LLC and Nicholas Balahootis APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 23, 2003 to City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 the City Commission by a vote of 7-0. ZONING BOARD: See companion File ID 03-0045 and 03-0047. PURPOSE: This will allow a unified commercial development site. NOTES: Passed First Reading on September 25, 2003. Moved by: Regalado, Seconded by: Sanchez, Absent: Gonzalez. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12428 Vice Chairman Teele: Let's just go into the PZ (Planning and Zoning) items and get -- Chairman Winton: Fine. Commissioner Gonzalez: We have SR.1, but that's time certain at 5, you said, right? Chairman Winton: Yes. OK. We're going to move to the Planning and Zoning agenda. Vice Chairman Teele: Raise your right hand. Chairman Winton: So all of those here -- Commissioner Regalado? (INAUDIBLE COMMENTS) Chairman Winton: Are they here on a PZ item? Commissioner Regalado: Yes. (INAUDIBLE COMMENTS) Vice Chairman Teele: All right. Madam Clerk, would you swear in everybody. Everyone who plans to speak on the P&Z items, please raise -- stand, raise your right hand, and Madam Clerk. Priscilla Thompson (City Clerk): Yes. Is -- everyone who plans to speak on a P&Z item, will you please stand and raise your right hand, please? I need to swear you in. At this point, the Clerk administered the required oath under Ordinance No. 10511 to those persons giving testimony on Planning and Zoning issues. Vice Chairman Teele: You ought to repeat that in Spanish. Chairman Winton: OK. (COMMENTS IN THE SPANISH LANGUAGE) Chairman Winton: Way to go, ,Leff. OK. Are you done, Madam Clerk? Ms. Thompson: Yes. City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Everybody sworn in? Ms. Thompson: Yes. Chairman Winton: OK. PZ-1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-1, 2 and 3 are companion items for a major use special permit for the Gables Marquis Project. PZ-1 is the land use change from duplex residential to restricted commercial. These are for the properties at approximately 3215, 3225, 3235 and 3245 Southwest 22nd Terrace. The Planning and Zoning Department has recommended approval. It was also recommended for approval from the Planning Advisory Board and passed by this Commission on first reading September 25, 2003. Commissioner Regalado: Mr. Chairman, after the public hearing, I'm ready to move the item. Chairman Winton: OK. You're ready to move PZ-1? Commissioner Regalado: Yes, sir. Chairman Winton: OK. PZ-1 is a public hearing. Anyone from the public like to speak on PZ-1 ? Anyone from the public on PZ-1? If not, we'll close the public hearing. Commissioner Gonzalez: Second. Commissioner Regalado: I'll move PZ-1. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on PZ-1. Joel Maxwell (Deputy City Attorney): It's an ordinance. Chairman Winton: Oh, ordinance. Yes, sir. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this point, a roll call was taken, the result of which is stated above. Priscilla Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. PZ.2 03-0045 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3215, 3225, 3235 AND 3245 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED " EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0045-Backup1.pdf 03-0045-Backup2.pdf 03-0045-Legislation .pdf 03-0045-Exh i bitA. pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3215, 3225, 3235 and 3245 SW 22nd Terrace APPLICANT(S): Urbanism Coral Way, LLC and Nicholas Balahootis APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0044 and 03- 0047. ZONING BOARD: Recommended approval on July 21, 2003 to the City Commission by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. NOTES: Passed First Reading on September 25, 2003. Moved by: Regalado, Seconded by: Sanchez, Absent: Gonzalez. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12429 Chairman Winton: PZ-2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-2 is a companion, change of zoning. This is from R-2 two-family residential to C-1 restricted commercial. It's been recommended for approval by the Planning and Zoning Department, approval by the Zoning Board, and passed by the Commission, first reading, September 25, 2003. Commissioner Regalado: Mr. Chairman. Chairman Winton: PZ-2 is also a public hearing. Anyone from the public like to speak on PZ-2 ? Anyone from the public on PZ-2? If not, we'll close the public hearing. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: I move PZ-2 for approval. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second on PZ-2. If there's no further discussion, Mr. City Attorney, would you read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. At this point, a roll call was taken, the result of which is stated above. Priscilla Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. PZ.3 03-0047 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE GABLES MARQUIS PROJECT, TO BE LOCATED AT APPROXIMATELY 3202 AND 3232 SW 22nd STREET; 2230 SW 32ND AVENUE AND 3211, 3215, 3225, 3235 AND 3245 SW 22ND TERRACE, MIAMI, FLORIDA, TO BE COMPRISED OF A MIXED-USE/RESIDENTIAL BUILDING WITH UP TO 177 UNITS, 11, 700 SQUARE FEET OF COMMERCIAL USE; RECREATIONAL AMENITIES AND 335 PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0047-Backup1.pdf 03-0047-Backup2.pdf 03-0047-Backup3.pdf 03-0047-Legislation .pdf 03-0047-Exh i bitA. pdf 03-0047-Exh i bitB&C. pdf REQUEST: Major Use Special Permit for the Gables Marquis Project LOCATION: Approximately 3202 and 3232 SW 22nd Street; 2230 SW 32nd Avenue and 3211, 3215, 3225, 3235 and 3245 SW 22nd Terrace APPLICANT(S): Urbanism Coral Way, LLC and Nicholas Balahootis APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 PLANNING ADVISORY BOARD: Recommended approval with conditions* on July 23, 2003 by a vote of 6-2. ZONING BOARD: See companion File ID 03-0044 and File ID 04-0045. *See supporting documentation. PURPOSE: This will allow a mixed -use residential/commercial building for the Gables Marquis Project. NOTES: Continued from City Commission of September 25, 2003. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1129 Chairman Winton: PZ-3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-3 is the actual major use special permit for the Gables Marquis Project. It's to be located on Coral Way and 32nd Avenue. The approval of this development order would allow a mixed use residential building with 177 units, 11, 700 square feet of commercial use and recreational amenities, and 335 parking spaces. It's been recommended for approval with conditions by the Planning and Zoning Department, and approval with conditions by the Planning Advisory Board. There are no additional conditions other than our standard major use special permit conditions, including their construction plan. Commissioner Regalado: Mr. Chairman, after the public hearing, I'm ready to move for approval PZ-3. Chairman Winton: PZ-3 is a public hearing. Anyone from the public like to speak on PZ-3? Anyone from the public on PZ-3? If not, we will close the public hearing. Commissioner Regalado, we'll entertain a motion. Commissioner Regalado: Yeah, I made a motion. I move it. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. This is a resolution. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: There may be some items on the agenda where people are seeking continuances, and you may want to address those items at this time. Commissioner Gonzalez: Yeah. City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Unidentified Speaker: Thank you very much. Chairman Winton: Yeah, that's a good point. Unidentified Speaker: Thank you very much. Thank you. Chairman Winton: You're welcome. PZ.4 03-0058 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE MIST PROJECT, TO BE LOCATED AT APPROXIMATELY 824 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE COMPRISED OF A MIXED-USE/RESIDENTIAL BUILDING WITH UP TO 516 RESIDENTIAL UNITS, 29,300 SQUARE FEET OF RETAIL SPACE, 22,500 SQUARE FEET OF OFFICE SPACE, RECREATIONAL AMENITIES AND APPROXIMATELY 800 PARKING SPACES (OF WHICH 100 SPACES ARE TANDEM); DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0058-Backup1.pdf 03-0058-Backup2.pdf 03-0058-Backup3.pdf 03-0058-Legislation .pdf 03-0058-Exh i bitA. pdf 03-0058-Exh i bitB. pdf 03-0058-Exh i bitC. pdf REQUEST: Major Use Special Permit for the MIST Project LOCATION: Approximately 824 Biscayne Boulevard APPLICANT(S): MHLP, LLC (Owner) and Hyperion Development Group, Inc. (Purchaser) APPLICANT(S) AGENT: Lucia Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* on September 17, 2003 to City Commission by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a mixed -use residential/commercial building for the MIST Project. City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1109 Direction to the City Manager: by Vice Chairman Teele to request the Community Redevelopment Agency to cooperate with the developer to support changes. A motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, passed unanimously with Commissioner Sanchez absent: directing the City Manager to work with the developer to formulate a plan and model for the expediting of the Mist Project at 824 Biscayne Boulevard, similar to the process used to develop the NAP (Network of the Americas Project). Chairman Winton: That then puts us at PZ-4? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-4, correct. Chairman Winton: PZ-4. Ms. Slazyk: PZ-4 is a Major Use Special Permit for the Mist Project to be located at, approximately, 824 Biscayne Boulevard. The project will be comprised of a mixed use project with 516 residential units, 29,300 square feet of retail space, 22,500 square feet of office space, with recreational amenities, and approximately, 800 parking spaces, of which 100 spaces are tandem. The Planning and Zoning Department has recommended approval with conditions. The Planning Advisory Board has also recommended approval with conditions. In the Planning and Zoning Department analysis of the project, there was only one concern that was raised, and that's regarding the vehicular drop-off area. The -- I have to commend the applicants in this project. They worked very closely with the Planning and Zoning Department on all of the urban design issues that we had -- Chairman Winton: Did I hear you say you're commending the applicant? Did I hear that? Ms. Slazyk: I'm complimenting them. They were great. The project is on Biscayne Boulevard, and the protection of the boulevard was very important to us to not have vehicular cuts, or anything that would disrupt the pedestrian flow. The final remaining concern in the implementation of this project has to do with the vehicular drop-off area. It does have its entrance on 9th, however, the cars will actually be turning around on the plaza that's on the boulevard side of the project. This issue came up at the Planning Advisory Board. And the Planning Advisory Board had recommended approval of the project without that condition, allowing the plaza to remain as -is with the vehicular drop-off. In additional conversations between the department and the applicant, the issue of possibly changing the designated right -of -way on 9th Street in order to allow the vehicular drop-off area to be completely relocated to 9 th, came up as a possible solution to the issue. So, the department would recommend that this Commission consider the instruction to rezone the right-of-way of 9th Street in order for the vehicular drop-off area to be designed in that location, and make sure that the plaza that's facing Biscayne Boulevard remains car free. The only other condition that I do want to add on the record -- when the item was referred to the CRA (Community Redevelopment Agency), Frank Rollason had recommended that the 9th Street sidewalk and right-of-way area be decorative or special treatment be implemented, as well, in order to reinforce the 9th Street pedestrian concept for the CRA. So we very much agree with that and we would add that to the development order. Other than that, it was recommended for approval by the UDRB (Urban Development Review Board), all of the lower boards and committees. And that boulevard vehicular drop-off area is City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 really the only outstanding issue. Chairman Winton: I think that -- I don't know this for sure, but maybe some of my colleagues would like to have a more -- a little more in depth presentation of the project, butt would also like to find -- determine right now if there's anyone in the audience who's in opposition to PZ-4. OK. Lucia, would you like to give a -- would you like to hear a -- Vice Chairman Teele: Mr. Chairman, what I would like to do is close the public hearing after the counsel gives her name for the record. Lucia Dougherty: Lucia Dougherty, for the record, with offices at 1221 Brickell Avenue. Chairman Winton: And we will close the public hearing. Vice Chairman Teele: And I would like to request that the -- Ms. Dougherty give us her brief explanation. Ms. Dougherty: All right. Good afternoon, Mr. Chairman -- Chairman Winton: Yeah. Ms. Dougherty: -- and members of the Commission. Lucia Dougherty, again. I'm joined by -- with Paul Murphy, who is the owner's representative and principal in the project. This is located between 8th and 9th Sfreet on Biscayne Boulevard, just across from the American Airlines Arena . It is in the redevelopment area and it is a high -end project. The interesting thing is I got from the City ofMiami a list of every major use special permit that has been approved in the City, and they have calculated the ad valorem taxes on them. This project will be generating four point four million dollars ($4, 400, 000) in ad valorem taxes per year for the City. And it's -- interestingly enough, it's the highest one in the entire City ofMiami. It's not the highest one in terms of units, but it's the highest generating in terms of ad valorem taxes. Commissioner Regalado: Four million dollars ($4, 000, 000), you said? Ms. Dougherty: Four million dollars ($4, 000, 000). Commissioner Regalado: Can you build three? Ms. Dougherty: We may. That's the next project. Commissioner Regalado: The fire fee. Ms. Dougherty: I know that you intend to make the game, so I'm going to make this very brief. The only issue, from what I understand, is we had unanimous approval from every board, whether it was the UDRB, the Planning Advisory Board; every board that we appeared before. The only issue is, again, this plaza that is on 9th and Biscayne Boulevard. We would ask that you approve the project, as proposed, with the caveat that if the City -- and you've already -- with the direction to the City staff -- if the City changes the zone street right-of-way on 9th Sfreet to align with where the NAP (Network Area Point) is, then we will redo this 9th Street plaza so that it actually works better for us to have places where tables and chairs for a restaurant could be. But, obviously, we need to have a drop-off for the people who live in this building that is out of the street. So, that's the only issue that we have left, and we would urge your support. And we -- Bernardo Fort -Brescia, who is the architect, is here today and can give a more further in depth discussion about that plaza area, if you'd like. Chairman Winton: Lourdes, could you respond to that? City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Ms. Slazyk: That would be fine. I understand -- Chairman Winton: Me, too. Ms. Slazyk: -- Ms. Dougherty's point because she can't control the changing of the zoned right- of-way of 9th Street. And if it were not to be approved, that would leave the project kind of in limbo. Chairman Winton: Yes. Ms. Slazyk: So if it were clear from the Commission that if that zoned right-of-way is changed, then the condition on them would be that they have to move that. If it isn't, then it's up to the Commission if you want to approve it as -is. Chairman Winton: Right. OK Vice Chairman Teele: I'm just still not sure thatl understand. Legally, how -- legally, Mr. Attorney, what would be the appropriate motion to codify this? Joel Maxwell (Deputy City Attorney): What you're doing is making it a condition of the MUSP ( Major Use Special Permit). These -- you put those specific directions in the MUSP itself as a condition and that would be sufficient. Vice Chairman Teele: And what is the condition that we're putting on them? If the zoning is changed -- Ms. Slazyk: If the zoned right-of-way. Vice Chairman Teele: -- what happens then? Ms. Slazyk: Then they would have to modify their proposal in order to relocate the vehicular drop-off area so that it is on the 9th Street side of the project, and remove the cars from the plaza on Biscayne Boulevard. Chairman Winton: But that doesn't have to come back before us? Ms. Slazyk: That's why you'd have to be very clear. If it's a condition, then they don't have to come back before you. If you were to leave it up in the air as not a condition, that would deem a modification to their project, and they would have to come back. Chairman Winton: Which we don't want. Ms. Slazyk: But by putting it on as a condition, they don't have to come back here if it happens. Mr. Maxwell: No, but subject to -- it's subject to meeting all applicable requirements -- Ms. Slazyk: Yes. Mr. Maxwell: -- of the reviewing agencies and boards. Ms. Slazyk: Yeah. They'd still have to go through the building permit -- Mr. Maxwell: Public Works Department, the rest. City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Ms. Slazyk: -- meet building code, Public Works, Fire, everybody else. Vice Chairman Teele: And I would adopt that in my motion that has been made to approve. Chairman Winton: Right. Vice Chairman Teele: We made the motion, right, to approve it? Chairman Winton: I don't -- Commissioner Gonzalez: No. Chairman Winton: We didn't make a motion yet. Commissioner Gonzalez: We haven't made a motion yet. Chairman Winton: But we're ready. Vice Chairman Teele: I would adopt that in the motion to approve it, and further indicate that the CRA should cooperate with the developer in this condition to support those changes. Chairman Winton: Need a second -- Commissioner Gonzalez: Second. Chairman Winton: -- on the motion. We have a motion and a second. Vice Chairman Teele: And ifI could explain what I just said. When somebody's putting four million dollars ($4, 000, 000) into the redevelopment area -- and I hope the City staff and the CRA staff really understand this -- Ms. Slazyk: OK. Vice Chairman Teele: -- it's almost a little bit over the top when you start trying to put conditions and you're not saying we're going to work with you to do it. Because -- Chairman Winton: Right. Commissioner Gonzalez: Right. Vice Chairman Teele: I mean, you know, these people are getting ready to put forty million dollars ($40, 000, 000) into the redevelopment over the next 10 years, minimum. Because this is a part of the TIF (Tax Increment Fund), Johnny, so all of the money that goes to the County -- Chairman Winton: Right. Vice Chairman Teele: -- and all of the money that goes to the City -- Ms. Slazyk: Would come back. Vice Chairman Teele: -- goes to the CRA for its capital purposes. And so, I mean, you know, the mall -- Chairman Winton: Right. City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: -- that really should be something that -- Chairman Winton: Gets finished. Vice Chairman Teele: -- in my opinion, the CRA ought to be saying, look, we would like to work with you on it and help you get it done faster than now. So, that is the purpose of what I'm saying. I'm not saying they have to pay for it, but they really should work with you to try to figure it out. Ms. Dougherty: We would certainly accept that assistance. And if you would direct the staff to help us expedite the permitting, that would be great as well. Chairman Winton: Sure. OK. Any other discussion on this item? Vice Chairman Teele: We need to vote on that. Chairman Winton: All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Ms. Dougherty: Thanks. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Ms. Dougherty: Thank you very much. Vice Chairman Teele: I would also move that the City staff be directed to work with the developer to develop a plan and model for the expediting of this project, similar to the process that we developed with the NAP. I would so move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor "aye." Vice Chairman Teele: That includes coming back to us with waivers of construction times and any of that, to the extent that's necessary, so that this will move forward in the redevelopment area without any delays. Chairman Winton: Motion, second. Discussion. Being none -- no further discussion. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. And to the developer, I'd like to thank you very much. I know there was some -- a bit of pain getting this exactly where I think we all wanted it, butt would congratulate you on getting it there. And think, also, you'll note that there's no opposition out there. And so, this kind of work pays off. This is a -- this is the fastest a MUSP of this magnitude has ever been approved in this City, by the way. Right, Lucia? City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: Then that means the City staff should also receive -- Chairman Winton: Yes. Vice Chairman Teele: -- some of the -- Chairman Winton: And I'm -- absolutely because they did all the work. So thank you all and thank everybody. Paul Murphy: Well, on behalf of my partners, we are very grateful. Thank you very much. Chairman Winton: And we'll be waiting for a phase 2. Vice Chairman Teele: How much is that going to cost, roughly? I didn't want to ask. Chairman Winton: Ask them. Vice Chairman Teele: How much is that going to cost, the project? Chairman Winton: We'll do it. OK. Thank you. Vice Chairman Teele: You're doing the Lord's work. PZ.5 03-0059 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY LOCATED ON THE EAST SIDE OF NORTH MIAMI AVENUE BETWEEN NORTHEAST 29TH STREET AND NORTHEAST 36th STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED " EXHIBIT A." 03-0059-Backup1.pdf 03-0059-Backup2.pdf 03-0059-Legislation .pdf 03-0059-Exhibit.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1110 Chairman Winton: OK. PZ-5. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-5 is an official vacation and closure of public right-of-way, located on the east side of North Miami Avenue between Northeast 29th Street and Northeast 36th Street. This has been recommended for approval by the Planning and Zoning Department, and approval by the Zoning Board. Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: We have a motion and a second. This is a public hearing, however. Anyone from the public like to speak on PZ-5? Anyone from the public like to speak on PZ-5? If not, we City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 will close the public hearing. We have a motion and a second. Commissioner Sanchez: Second. Chairman Winton: Do we have any further discussion on this item? Being none, all in favor " aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Unidentified Speaker: Thank you. Chairman Winton: Gary, you earned your money today. PZ.6 03-0061 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF TWO ALLEYS LOCATED APPROXIMATELY IN THE AREA BOUNDED BY NORTHEAST 17th STREET, NORTHEAST 17th TERRACE, NORTHEAST MIAMI PLACE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 03-0061-Backup1.pdf 03-0061-Backup2.pdf 03-0061-Legislation.pdf 03-0061 -Exhibit.pdf REQUEST: Closing, Vacating, Abandoning and Discontinuing a Portion of a Public Right -of -Way LOCATION: Bounded by NE 17th Street, NE 17th Terrace, NE Miami Place and NE Miami Court APPLICANT(S): Urban One Development, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended approval on September 8, 2003 to City Commission by a vote of 8-0. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1111 Chairman Winton: PZ-6. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-6 is another official vacation and closure of public right-of-way, being a portion of two alleys located in the area bounded by Northeast 17th Street, Northeast 17th Terrace, Northeast Miami Place, and Northeast Miami Court. The Planning and Zoning Department has recommended denial, and the Zoning Board has recommended approval. The Planning and Zoning Department denial is based on the findings that the property owner has failed to demonstrate any public benefits, and that this closure could have unanticipated long-term consequences that could ultimately facilitate the development of a building that is inconsistent with height, bulk and scale within the neighborhood. Chairman Winton: Anyone from the public in opposition of PZ-6, by the way? Vice Chairman Teele: You've got a board in opposition. Chairman Winton: Right. Other than -- but from the public. OK. Lucia, you want to -- Lucia Dougherty: Yes, very quickly. Lucia Dougherty, offices at 1221 Brickell Avenue. I am here today on behalf of the owner of the property, which is -- Chairman Winton: I'm sorry. Ms. Dougherty: Yes. Chairman Winton: I opened the public hearing but didn't close the public hearing. So I'd like to close the public hearing. And now, back to you. Ms. Dougherty: -- which is Henry Harper and the park loft. Now, when I got the recommendation of denial by the staff I was really -- I thought this has got to be a mistake, because you have already approved a MUSP (Major Use Special Permit) for this site. Chairman Winton: That's whatl thought. Ms. Dougherty: And these alleys, which you can see in green right here, these little alleys don't go anywhere. Chairman Winton: And by the way -- could I interrupt you here for a second? Ms. Dougherty: Sure. Chairman Winton: And I'd like to make this point to the Commission. This is one of those times where we didn't approve the alleyway closure before we knew what the product type would be. And you know, that's been the battleground. And we have been in opposition to closing many of these alleyways and other public right-of-ways because we didn't know what was going to end up there. And so, as a consequence, we were concerned that we would end up with something that was out of character for the neighborhood in doing so. This is just in reverse. We've already approved the MUSP for this project. We know precisely what's going to be there. Now, a hundred years from now, they may bulldoze it. But a hundred years from now, they'll be thinking about this City in a radically different way than we're thinking about it today. So I just wanted to City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 make that point and tell you why, at least from my perspective, I'm going to be very supportive of this closure. Hs. Dougherty: In terms of a public benefit, this is probably in the worst neighborhood that you have. And I just want to show you the photographs. Chairman Winton: Yeah. Hs. Dougherty: Henry Harper is really a pioneer developing a loft apartment in this neighborhood in this condition, and that is the public benefit. That, in addition to the fact that the Zoning Board asked us to do some street landscaping as a public benefit, and we'd urge your support. Vice Chairman Teele: So moved. Chairman Winton: We have a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. What was that, PZ-6? Was that PZ- 6? Hs. Slazyk: That was 6, right. PZ.7 03-0051 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REVERSING OR AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4.1.1(5), TO ALLOW A SUPPER CLUB AS DEFINED IN CHAPTER FOUR OF THE CITY CODE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2801 FLORIDA AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 03-0051-Backup1.pdf 03-0051-Backup2.pdf 03-0051-Leg islationA. pdf 03-0051-Exhibit.pdf 03-0051-Leg islation B. pdf 03-0051-Exhibit.pdf 03-0051 - letter.pdf REQUEST: Appeal of a Zoning Board Decision of a Special Exception to Allow a Supper Club. City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 LOCATION: Approximately 2801 Florida Avenue APPLICANT(S): F&R Management Corporation, D/B/A Quench APPLICANT(S) AGENT: Nancy Terminello, Esquire APPELLANT(S): F&R Management Corporation, D/B/A Quench APPELLANT(S) AGENT: Nancy Terminello, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions* of the Special Exception and recommends approval of the appeal. ZONING BOARD: Denied the Special Exception on September 8, 2003 by a vote of 5-3. *See supporting documentation. PURPOSE: The approval of this appeal will allow a supper club. CONTINUED A motion was made by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Sanchez absent that this matter be CONTINUED TO the Commission Meeting currently scheduled for NOVEMBER 25, 2003. Chairman Winton: Anyone -- We have someone seeking a continuance? Yes, sir. Louis Terminello: Item Number 7, PZ-7. Louis J. Terminello, here on behalf of F&R Management, 2700 Southwest 37th Avenue, Miami, Florida. And I am registered as a lobbyist, and I've paid my money. We're here on an appeal from -- a zoning appeals for -- a Zoning Board issue. And there are a number of reasons why we'd like to just continue it till the next hearing if at all possible. Chairman Winton: Fine. We need a motion to continue PZ-7. Commissioner Gonzalez: Move to continue. Joel Maxwell (Deputy City Attorney): November the 25th. Lourdes Slazyk (Assistant Director, Planning & Zoning): November 25th was the next PZ ( Planning and Zoning) meeting. Vice Chairman Teele: Move to continue. Commissioner Gonzalez: Yes, sir. Chairman Winton: Motion, second on PZ-7, to November 25th. Discussion. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Normally, you would ask if there's -- I guess if there's anyone here on this City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 item that wanted to be heard. Chairman Winton: Oh. That's a good point. Mr. Terminello: I believe there are one or two persons that might be here. Vice Chairman Teele: Are they in opposition to the continuance? Mr. Terminello: I think one of them is -- at least one or two of them are. Well, I don't know about the continuance. They're in opposition to our -- Chairman Winton: Yeah. Are you all in opposition to the continuance of this item? (INAUDIBLE COMMENT) Chairman Winton: Thank you. Mr. Terminello: Thank you. Chairman Winton: OK. Thank you, Commissioner Teele, again. We have a motion and a second. No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. Terminello: Thank you. PZ.8 03-0049 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2900 SOUTHWEST 28TH LANE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO " RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0049-Backup1.pdf 03-0049-Backup2.pdf 03-0049-Legislation .pdf 03-0049-Exh i bitA. pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2900 SW 28th Lane City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 APPLICANT(S): Bordeaux Towers, Inc. APPLICANT(S) AGENT: Carlos Rua, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on May 21, 2003 to the City Commission by a vote of 8-0. ZONING BOARD: This is a companion to File ID 03-0050. PURPOSE: This will allow a unified commercial development site. NOTES: Passed First Reading on September 25, 2003. Moved by: Sanchez, Seconded by: Teele, Absent: Regalado. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12425 Lourdes Slazyk (Assistant Director, Planning & Zoning): Seven, we already continued, so we're up to 8. Chairman Winton: PZ-8. Ms. Slazyk: PZ-8 and 9 are companion items. This is second reading. Land use and zoning change from industrial to restricted commercial for the property at, approximately, 2900 Southwest 28th Lane. This is the industrial parcel right near the Metrorail station at 27th Avenue in Coconut Grove. Chairman Winton: And it's a second reading. Ms. Slazyk: It's second reading. It's been recommended for approval by the Planning Department, approval by the Planning Advisory Board, and passed by the Commission, first reading, September 25th, 2003. Chairman Winton: PZ-8's a public hearing. Anyone from the public would like to speak on PZ- 8? Anyone from the public on PZ-8? If not, we'll close the public hearing. Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: Got a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion? Read the ordinance, please. The Ordinance was ready by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 5/0. PZ.9 03-0050 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM I INDUSTRIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2900 SOUTHWEST 28TH LANE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0050-Backup1.pdf 03-0050-Backup2.pdf 03-0050-Legislation .pdf 03-0050-Exh i bitA. pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2900 SW 28th Lane APPLICANT(S): Bordeaux Towers, Inc. APPLICANT(S) AGENT: Carlos Rua, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: This is a companion to File ID 03-0049. ZONING BOARD: Recommended approval on July 21, 2003 to the City Commission by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. NOTES: Passed First Reading on September 25, 2003. Moved by: Sanchez, Seconded by: Gonzalez, Absent: Sanchez. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12426 Chairman Winton: PZ-9, companion. City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-9 is the companion, recommended for approval by Planning and Zoning Department, approval by the Zoning Board, and passed by the City Commission first reading, September 25th. Chairman Winton: Public hearing. Anyone from the public like to speak on PZ-9? Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: Close the public hearing. Motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion? Being none, please read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 5/0. PZ.10 03-0048 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RESCINDING ORDINANCE NOS. 12332, 12333, AND 12346 AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; AND SUBSTITUTING IN LIEU THEREOF THIS NEW ORDINANCE, INCORPORATING THE RESCINDED ORDINANCES IN A UNIFIED FORMAT AS A SINGLE AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; FURTHER UPDATING THE TRANSPORTATION ELEMENT, ADDING SPECIFIC POLICIES ASSOCIATED WITH A NEW PARK IN THE LITTLE HAITI AREA, AND ADDING A NEW LAND USE CLASSIFICATION ENTITLED "LIGHT INDUSTRIAL;" CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0048-Backup1.pdf 03-0048-Backup2.pdf 03-0048-Backup3.pdf 03-0048-Legislation .pdf 03-0048-Exh i bitA. pdf PZ 16 - 03-0048 - Exhibit A.doc 03-0048-Exh i bitB. pdf 03-0048-signatures-7.pdf REQUEST: To Rescind and Re-enact Certain Amendments to Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 16, 2003 to City Commission by a vote of 6-0. PURPOSE: This will rescind and re-enact certain amendments to the Comprehensive Plan. NOTES: Continued from City Commission of July 24, 2003 and October 23, 2003. Passed First Reading on September 25, 2003. Moved by: Regalado, Seconded by: Gonzalez, Absent: Winton. CONTINUED A motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed by a unanimous vote with Commissioner Sanchez absent, to continue item PZ.10 to the meeting currently scheduled for November 13, 2003. A motion by Vice Chairman Teele, seconded by Commissioner Regalado, unanimously passed with Commissioner Sanchez absent: instructing the City Manager to direct appropriate staff and consultants to hold a public workshop related to proposed amendments to the Miami Comprehensive Neighborhood Plan to update the transportation element, adding specific polities associated with a new park in the Little Haiti area and adding a new land use classification entitled "Light Industrial"; further directing the Manager to invite representatives ofMiami-Dade County and the Department of Transportation to said workshop. Chairman Winton: Any others? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. The administration is requesting thatPZ-10 be continued to November 13th. Vice Chairman Teele: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Anyone opposed out there to the continuance of PZ-10? So, we have a motion and a second. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Any other continuances? Commissioner Regalado: Wait. In this -- Joel Maxwell (Deputy City Attorney): Twenty-two. Commissioner Regalado: Mr. Chairman, this -- I think there were some people here that wanted to -- is this Little Haiti Park? Is it? Vice Chairman Teele: What's the Little Haiti Park item? Ms. Slazyk: That is PZ-10, but the continuance is in order to meet with DCA (Department of Community Affairs) regarding the transportation part of that item, and it has nothing to do -- the continuance has nothing to do with the park amendment. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: No, I understand that. But, other than that, are there any other issues? Because I was approached -- there are people here and -- Chairman Winton: But I asked -- Commissioner Regalado: -- the only thing they want -- Chairman Winton: I asked publicly if there's -- Ms. Slazyk: We made the change that was what we -- Commissioner Regalado: No, no. But the only thing they're asking is for DPC, the consultant, to meet with them so they can understand and plan for the future. And I think it's a logical -- Chairman Winton: Well, that's -- Vice Chairman Teele: But you know what. I'm glad you raised that. That came up last night. I'm prepared to move -- so that there's a legislative history -- that we're instructing the staff all of the staff including the Economic Development, Planning staff to meet with the people who would like to be included in discussions and to hold a workshop. Commissioner Regalado: I'll second the motion. Chairman Winton: We have a motion and a second. Mr. City Attorney, you're frowning? We have a motion and a second that's directing staff to set up a workshop with the appropriate people from City ofMiami staff and the consultants to meet with certain individuals from within the neighborhood who want to better understand this entire -- the newly defined master plan that we have and understand what's going on, and that's the purpose of this motion. Any further discussion? Vice Chairman Teele: I just want to inquire of the City staff. Do you all have any objections at all to meeting with -- Ms. Slazyk: No. Vice Chairman Teele: And can you all coordinate with the Economic Development office as well? I know that's under maybe a different department and all of that. So that everybody's involved and we don't wind up having people meeting with different groups. Commissioner Regalado: Art, ifI may. One of the problems that they have -- and I know one person, Mr. Manny here. They read in the paper that the County, the new transportation citizens oversight will be deciding about the railroad tracks behind one of their properties. They don't know now if they will be able to expand or if the railroad -- because they want to build a line to Broward -- is going to eminent domain. See, they're very confused. So they need DPC to find for them all the things because the County won't give them information. Chairman Winton: Right. So -- but it seems like me that once they have the meeting with DPZ and our staff that they're going to ask those questions. Those questions are going to get written down and we're going to go seek answers to all this stuff. Vice Chairman Teele: We cannot mandate a meeting with the Department of Community Affairs. We can request it. But all we can mandate is a meeting with the City staff and with the request that the City, the County, and the Department of Transportation and DP (sic) all be involved in that meeting. City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Right. OK Vice Chairman Teele: But let me just say this. What you just said -- just so that it's real clear. When this state was being created, there was one group of people that had more power than anybody -- and it's still in the Constitution -- and that's the railroad. And contrary to anything any local government or state government wants to do, the railroads can pretty much still do more than anybody else. Just so that it's real clear. Chairman Winton: OK. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. PZ.11 03-0062 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1730 AND 1742 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO " RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0062-Backup1.pdf 03-0062-Backup2.pdf 03-0062-Legislation .pdf REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1730 and 1742 SW 7 Street APPLICANT(S): Vilac, Inc. APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2003 by a vote of 5-1. ZONING BOARD: See companion File ID 03-0062a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Sanchez, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ-10 was continued. PZ-11. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-11 and 12 are also companion land use and zoning change items. This is for the properties located at, approximately, 1730 and 1742 Southwest 7th Street. This is from medium density multifamily residential to restricted commercial. It's being recommended for approval by the Planning and Zoning Department, recommended for approval by the Planning Advisory Board. This is a property that is the backside of a property that's on 8th Sfreet. Seventh Sfreet, in this portion of Southwest -- of the Latin Quarter, is more commercial in nature than residential because of other zoning changes that have occurred on 7th Street -- Commissioner Regalado: What are you going to do? Ms. Slazyk: -- and because of SD-12 parking that already exists in the area. For this reason and the fact that the companion zoning change is requesting the SD-14 special district with a primary pedestrian pathway on 8th Sfreet, is a logical extension of this category in the Latin Quarter, and will provide for the pedestrian frontage on 8th Sfreet, and allow for a depth of the property that makes for more reasonable commercial development in the area. For that reason, we recommend approval. Commissioner Sanchez: OK. Chairman Winton: This is a public hearing. Anyone from the public like to speak on PZ-11? Anyone from the public -- Lucia Dougherty: Lucia Dougherty -- Chairman Winton: Hold on, Lucia. So, apparently, no one does. We'll close the public hearing. Lucia. Ms. Dougherty: 1221 Brickell Avenue. Again, I'm joined with Nerica Escovil (phonetic), who is the project manager and a principal. This is a project that -- I mean, this is a property that we have a R-3 designation on 7th Street, and a C-1 on 8th Street, and we want to make it one residential project with an SD-14, meeting Latin Quarter Review district on top of the entire site, to have a residential site facing both 7th and 8th Sfreet, with a 8th Sfreet ground floor commercial. So, with that, we would ask that you would approve this project. Commissioner Sanchez: What -- Ms. Dougherty: It has been recommend by all the boards. Commissioner Sanchez: Mr. Chairman, taking into consideration it's been approved by all the boards, what do you envision being developed on that site? Ms. Dougherty: Residential on top of ground floor commercial on 8th. Commissioner Sanchez: Where would it be facing? Would it be facing the entrance to 8th Sfreet Ms. Dougherty: Actually, both sides. Commissioner Sanchez: -- or 7th? Ms. Dougherty: Both. City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Both. Commissioner Sanchez: But not 17, because of the -- Hs. Dougherty: No. Commissioner Sanchez: -- because of the properties there. Hs. Dougherty: That's right. Commissioner Sanchez: OK. That whole area there -- I've always said it -- from 4th to 27th Avenue, from 8th to 7th, should all be C-1. I mean, right now, a lot of the properties there are C -1. And all the small little R-1 s and R-3 in the back were all slowly being converted to C-1. So, therefore, I move to approve. Chairman Winton: Well, actually, Commissioner Sanchez, that was the real question that I wanted to bring to staff because we have several kind of companion types of projects that are already lined up along there that are in this book. I mean, we've had those in the past. So I'm curious to why we're not doing this as just one major redo of that -- Commissioner Sanchez: But, Johnny -- Chairman Winton: -- whole area. I don't know what the -- Commissioner Sanchez: Johnny, this -- PZ (Planning & Zoning) items tell you the revitalization of an area. Chairman Winton: No, I understand that. But I'm -- Commissioner Sanchez: You're seeing a lot of -- Chairman Winton: Yeah. Commissioner Sanchez: -- a lot of new projects that are coming forth on PZ items that pertain to that area there. Chairman Winton: But my question is, why staff isn't bringing us the change in zoning -- Vice Chairman Teele: The land use. Chairman Winton: -- or the overall -- the land use change for that whole zone along there -- Hs. Slazyk: Right. Chairman Winton: -- so that they don't have to come back to us one at a time. Hs. Slazyk: Yeah. It's being -- Chairman Winton: I'm saying, why aren't we looking at this as -- Hs. Slazyk: -- done in pieces. Chairman Winton: Huh? City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Sanchez: It's being done in pieces. Ms. Slazyk: It's being done in pieces. I think -- Chairman Winton: I know and that's my point. Ms. Slazyk: I think that the -- Commissioner Sanchez: But the word is out there that's it's going to be done. Ms. Slazyk: Yeah. Seventh Street, there was some -- we did have this discussion with the Planning Advisory Board. There are some structures on 7th Street that are possibly historic in nature, or have a character in the Little Havana district that there was concern at the Planning Advisory Board that if a wholesale amendment were done, and not case by case, that some of these great buildings may end up -- you know, it may be incentive to demolish them -- Chairman Winton: That's a very good answer. Ms. Slazyk: -- and do something else. Chairman Winton: That's a very good answer. Vice Chairman Teele: Excellent answer. Chairman Winton: Thank you. That's -- Vice Chairman Teele: Second the motion. Chairman Winton: Yes. Vice Chairman Teele: I don't know -- Chairman Winton: We have a motion and a second. This is an ordinance? Yes, it is. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. PZ.12 03-0062a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT AND C-1 RESTRICTED COMMERCIAL TO SD-14 LATIN QUARTER COMMERCIAL - RESIDENTIAL AND PEDESTRIAN PATHWAY DESIGNATION ON City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 SOUTHWEST 8TH STREET FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1730-42 SOUTHWEST 7TH STREET AND 1731-35-37 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0062a-Backupl .pdf 03-0062a-Backup2.pdf 03-0062a-Legislation.pdf 03-0062a-Exhibit.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential with an SD-12 Buffer Overlay District and C-1 Restricted Commercial to SD-14 Latin Quarter Commercial -Residential and Pedestrian Pathway Designation to Change the Zoning Atlas LOCATION: Approximately 1730-1742 SW 7th Street and 1731-35-37 SW 8th Street APPLICANT(S): Vilac, Inc. APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0062. ZONING BOARD: Recommended approval on September 22, 2003 to City Commission by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Sanchez, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ-12, companion to 11. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. And it was recommended for approval by the Planning and Zoning Department, and approval by the Zoning Board. Chairman Winton: Public hearing. Anyone from the public like to speak on PZ-12? Anyone from the public on PZ-12? We'll close the public hearing. Need a motion. Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion? If not, read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 5/0. PZ.13 03-0064 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 201 NORTHWEST 37TH AVENUE A.K.A. 3681 NORTHWEST 2ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0064 Submission-1.pdf 03-0064-Backup1.pdf 03-0064-Backup2.pdf 03-0064-Legislation .pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 201 NW 37th Avenue a.k.a. 3681 NW 2nd Street APPLICANT(S): La Ciencia Quality Dry Cleaning, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval on July 16, 2003 to City Commission by a vote of 6-0. ZONING BOARD: See companion File ID 03-0064a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ-13. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-13 and 14 are also companion City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 land use and zoning change items. Thirteen is the land use change for 201 Northwest 37th Avenue, also known as 3681 Northwest 2nd Street, from duplex residential to restricted commercial. This is being recommended for denial by the Planning and Zoning Department, and it was recommended for approval by the Planning Advisory Board. The Planning and Zoning Department is recommending denial, finding that the two lots immediately adjacent to the north, which is also Items 15 and 16 tonight, are also requesting the change, and that these changes, in combination, are not a logical extension of the category in that it will bring an intrusion of commercial activities into a very well-defined duplex residential area. And this is the map in your package that shows that. This is one of those very well-defined lines, and this is the kind of commercial intrusion into the residential area that we have concerns -- Chairman Winton: Well, the aerial really shows it. Ms. Slazyk: Yeah. The aerial -- yeah. You can see which -- Chairman Winton: Because you can actually see the use. Ms. Slazyk: -- you know, the other items on the agenda, which is the rest of this block to the north, those will represent that kind of commercial intrusion, so we would recommend denial. Chairman Winton: OK. Santiago Echemendia: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Echemendia: Santiago Echemendia, 201 South Biscayne Boulevard, on behalf of the applicants in 13 through 16. Zoning recommended approval unanimously. Planning and Zoning -- I'm sorry, Zoning 6/2 and 7/1. The Planning Advisory Board, 7/0. We have the support of all of the neighbors that are depicted in green in the sketch that's in front of you. If you could turn to Tab A on the handout, the most immediately impacted folks are supportive of the application. This is a logical extension of the commercial activity that already exists in the area, which is hatch marked in red. So this basically completes -- what you have to the north is already commercial, and to the south, all the way to Flagler Terrace, is commercial. This simply completes that logical extension. Mr. Chairman, if you will note, what is in red, starting from the north, is the funeral home parking, Enterprise Investments is the black, which is part of the application, La Ciencia Quality Dry Cleaning, which is part of the application, is in black. And then you have a strip of commercial, the funeral home parking, the office building, and the restaurant parking, all the way down to Flagler Terrace, and then to the south of that, you have Eckerd's. So that entire corridor is already commercial. Northwest 37th Avenue is a major arterial, yet, what you have that is currently designated for commercial is simply a hundred foot of frontage. We would submit to you that that is not sufficient. Chairman Winton: Well, Santiago, couldl ask a question? I'm confused. Lourdes. Lourdes. Lourdes. I'm looking at this, which shows zoning, and Mr. Echemendia is suggesting that this strip and through here is zoned commercial. It looks to me -- I mean, in the aerial, it's used as commercial, same as the subject site, but it doesn't appear to be zoned that way. Mr. Echemendia: That's right, Mr. Chairman. I didn't say it was zoned. I said there were primarily commercial uses that are being used for commercial purposes, and the uses are enumerated in the sketch in front of you. We submit to you that, in light of the existing commercial uses, that whole strip, this line should be used all the way back here to be consistent. We're just proposing, relative to this, that all of these are commercial uses. Chairman Winton: Well, they're all parking lots. City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. Echemendia: Parking lots -- Joel Maxwell (Deputy City Attorney): Mr. Chairman. Mr. Echemendia: You have the Eckerd's. You have restaurant parking. You have an office building. We currently have parking on our site over here. Mr. Maxwell: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: For clarification purposes, Mr. Echemendia, the document that you passed out to the Commission, you didn't give us a copy of that document. I don't know that you've given staff a copy of that document. I don't know if you've given the opposition a copy of that document. Mr. Echemendia: I don't know -- Mr. Maxwell: Would you please explain what it is that you've handed out? And make sure that staff gets a copy and any opponents, if there's a spokesman. It's a -- Echemendia: Yes. Mr. Maxwell: -- quasi judicial hearing. Anything you hand -- anything anybody hands the Commission, you need to make sure a copy is in the record, and that staff and any opposition gets a copy of it. Vice Chairman Teele: Is this your district, (INAUDIBLE)? Unidentified Speaker: Yes. Vice Chairman Teele: Tomas? Commissioner Regalado: I -- are we done with the hearing -- public hearing? Not yet. Vice Chairman Teele: We haven't heard -- Chairman Winton: We haven't even started the public hearing. Commissioner Regalado: Oh, OK. Chairman Winton: We're on the -- Santiago. Commissioner Regalado: I just have some comments, Mr. Chairman. I know the area very well. See, the problem that some of the folks have in the area is that this is right across the dog track. So the flea market invades completely, absolutely 37th and the adjacent streets. And there's no way that it could not be a commercial zoning on 37th Avenue because it's all commercial. Everything is -- it's parking. And the adjacent area, commercial has taken over in all the corners. I don't know what the City did in the past, but it's all commercial. It's all parking lots of the markets and little markets, the funeral home. So, after the public hearing, I'm ready to make a motion on this. Chairman Winton: OK. Santiago, you want to continue? Mr. Echemendia: Yeah, Mr. Chairman. We agree with -- obviously with Commissioner City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Regalado. I would also like to note, again, that the two boards approved; Planning, unanimously, Zoning, 6/2, 7/1. We got 22 neighbors that are directly impacted supporting the application, including the fellow that lives immediately behind us. The only thing that could be developed here is a four to 5-story building that's going to have a 20 foot setback. This gentleman -- this is kind of a classic American tale -- came from Cuba a number of years ago. Has had La Ciencia Dry Cleaning on the site for 20 years now. After 20 years, wants to retire and would like to redevelop his site to a use that's compatible with the existing uses currently in this area. This is not an intrusion. We submit that if you go beyond this on Northwest 2nd Terrace and Northwest 2nd Street, it's clearly duplex residential. But up here, there are largely commercial uses and you have a very constricted frontage that doesn't allow the folks that are on 37th Avenue -- it would disallow him from redeveloping his site to put, possibly, commercial on the first floor, including the dry cleaner, and maybe, three or four floors of apartment. So, we would, respectfully, request -- especially in light of there being no opposition. Twenty directly impacted neighbors, all of those depicted in green supporting the application. It's in your packet . We scheduled a hearing in the NET (Neighborhood Enhancement Team) Office. Noticed all of the residents within 500 feet. Six showed up. They weren't in opposition. We then got petitions from another 16. No opposition, only support. We would ask you and would ask Commissioner Regalado, in whose district the property lies, to move for approval. Thank you. Chairman Winton: OK. Commissioner Sanchez: Is there any opposition here today? Chairman Winton: Well, I'm going to open the public hearing. PZ (Planning & Zoning) -- what PZ item is this? Hr. Echemendia: Sixteen --13 through 16 -- Commissioner Sanchez: Thirteen. Chairman Winton: Thirteen. Hr. Echemendia: -- but, I guess, 13, 14 and then -- Chairman Winton: So this is PZ-13? Hr. Echemendia: -- it needs a separate motion on 14 -- Chairman Winton: Anyone from the public like to speak -- Hr. Echemendia: --15 and 16. Sorry. Chairman Winton: Anyone from the public like to speak on PZ-13? Anyone from the public on PZ-13? If not, we'll close the public hearing -- Vice Chairman Teele: Before you get a motion. Before -- Chairman Winton: Yes. Vice Chairman Teele: -- you make the motion, I would like to understand. Northwest 36th Court -- Chairman Winton: Right. Vice Chairman Teele: -- is that going to be -- Lourdes, is that -- what's being rezoned? City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Hr. Echemendia: What is depicted in the hatch mark in black and in -- I'm sorry -- full black and hatch marked in black. The red shows existing commercial uses, not anything that goes beyond that. And the two fellows in the green right behind us have waived opposition and are supportive of the application. Vice Chairman Teele: Let me just tell you my concern. And I'm going to -- this is a very convoluted, very confused area that is going through a lot of -- you could make an equal argument for either side of this, and I'm going to probably defer to the Commissioner who represents the district, who knows it best. But from a policy point of view, let me tell you the concern that have about the argument. And I really hope that Commissioner Gonzalez and Commissioner Sanchez will listen closely on this. This morning, all we've talked about -- or one of the things we've talked about most is parking. What you have now -- and pardon the personal reference -- but what you have now is an application that is now taking a use to help the commercial for parking, and now that's being characterized as commercial. Now, so what you see now is something that's about to creep. Don't you all have some kind of SD-12 -- Hs. Slazyk: Twelve. SD-12. Vice Chairman Teele: -- overlay, which is an overlay that is used, essentially, that's abutting the residential areas where they abut commercial for the purpose of a buffer before you get into it. We will have, Commissioner Regalado, within two years, the people on Northwest 36th Court -- Hs. Slazyk: Looking. Vice Chairman Teele: -- in here -- Chairman Winton: In a flood. Vice Chairman Teele: -- in a flood, if you follow what I'm saying. Because they're going to say, "Hey, my unit is right up against a commercial, so I need to have the areas that are abutting 36 th Court to also be rezoned." Those areas are not the subject of the rezoning, right? Hs. Slazyk: No, just the two that are in the black and the black hatched. Vice Chairman Teele: So, I want to make sure that you all work with the lawyers and the developers, that we figure out a way to deal with the parking problem, but we don't let parking to become the catalyst for rezoning of areas where you basically say, well, let's go out here and do an SD-12, and work with a building that -- a business that otherwise couldn't get any parking in here. Let's carve out some residential areas for parking, which makes a lot of sense and a lot of application. And then, the next thing you have is that parking lot now, as you have here, and essentially, although it's being characterized as commercial, what you have is a restaurant parking, then you have an office building, which is commercial, then you have a funeral home parking, and you have -- Hr. Echemendia: And a funeral home parking and you have the Eckerd's. Vice Chairman Teele: Yeah. So the parking now has become the magnet to convert this to commercial. And I don't have a problem with that, butl do have a problem with -- in this application, butt have a problem with that if, in our strategies to address the acute parking in the depressed areas of our community, that the parking winds up converting areas into commercial that, otherwise, should be buffer or transitional areas. Chairman Winton: And taking the parking away. City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: And taking the parking away. So that's what's going to wind up happening. Ms. Slazyk: Right. And we took -- Commissioner Regalado: What you -- Vice Chairman Teele: Somebody's going to come in and propose to build a building and then they're going to need the lot behind it -- Ms. Slazyk: For more parking. Vice Chairman Teele: -- for more parking. Mr. Echemendia: (INAUDIBLE) --I mean -- excuse me. Commissioner Regalado: What you have here, it's -- over there is a unique situation. You would not believe the complaints, and some people don't even complain anymore about the situation with the flea market. Because the overflow of vendors who do not want to pay and go inside the flea market, in the dog track area, they park in front of people house. The other day, there was a vendor -- which is Code Enforcement, by the way. And since we don't have Code Enforcement on Saturday and Sunday, it's nothing we can do. We have several police officers there, but they're directing traffic, paid by the flea market. But the other day, there was a tractor trailer selling tires, changing tires there, right in the middle of 2nd Terrace, and they left about 20 old tires right in the middle of the street. Vice Chairman Teele: Extension of the flea market. Commissioner Regalado: You know, but -- Chairman Winton: I understand that issue, which seems to me, we need to do something desperately -- Commissioner Regalado: And my point is that when I see something that is coming that would look nice in the area, I really run for it because I think it's going to change. For instance, the Eckerd on 37th Avenue has changed dramatically the area. Now the people next to it are fixing. They're fixing the building next to it. The houses behind are being painted -- have been fixed because it's a beautiful structure. What we had there was a shack where they send -- where they sell coffee -- Cuban coffee and all that. Angel knows that because my campaign office was there, was demolished immediately. In '99 we did the campaign there. But it was ugly. Now it's beautiful. And my point is, you know, we've got to take anything beautiful to see if we can help an area and that's my point. Vice Chairman Teele: You move it or what? Chairman Winton: Well -- Echemendia: Mr. Chairman, one point of clarification, ifI may, because maybe I didn't articulate this adequately enough the first time. The line already goes back here in these two places. We're saying -- and we're not even talking about -- Mr. Maxwell: You need to be on the record, Mr. Echemendia. Chairman Winton: You're off the record. City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. Echemendia: We're saying the line -- Vice Chairman Teele: You got to be on the -- Mr. Maxwell: On the record. On the record. Mr. Echemendia: The line already extends back 50 feet, which is Chairman Winton: What -- Mr. Echemendia: -- all we're asking on North Flagler, which enabled -- Chairman Winton: Santiago, what line? There's no line that extends back. You're changing the zoning now. Mr. Echemendia: No, no. Chairman Winton: The zoning isn't changed to that line. Mr. Echemendia: Johnny -- I'm sorry. Johnny, this is the line. This is the land use designation in the zoning right now. Currently, it juts back 50 feet right here. Chairman Winton: Yeah. Mr. Echemendia: This property is similarly situated to this. We're saying it's a logical extension of this -- Chairman Winton: I -- Mr. Echemendia: -- designation for this line to go just like this. Chairman Winton: Santiago, we get it. Mr. Echemendia: OK. All right. Fair enough. Chairman Winton: What is the height that would be allowable on that site if we change the zoning? Ms. Slazyk: C-1 is unlimited height. It requires, at 120 feet, that you begin stepping back. At the base building, when you draw a vertical line 120 feet, then you begin stepping back. So it really isn't unlimited, but they could probably get close to 15 stories, maybe 20 stories, in the rear. Chairman Winton: That's the point I'd like to make to you all. Commissioner Regalado. Commissioner Regalado: Yes, sir. Chairman Winton: Here's the issue that's very, very troublesome to me. And I'll take another section of 37th Avenue, which is down by -- is it Doctor's Hospital there in Coral Gables? What's the hospital on 37th Avenue there? Commissioner Regalado: Doctor Hospital -- Chairman Winton: Yeah, right. City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: No. It's Coral Gables Hospital. Chairman Winton: Yeah, yeah, Coral Gables Hospital. And on the east side of the road, they built a big medical complex. Now, that happened to be in my district, butl can tell you -- and it's an area exactly, exactly circumstances similar to this, where you've got relatively shallow lots facing 37th Avenue. Little minor differences. The homes are zoned single-family -- and at least this is duplex, but duplexes are never tall. They're always two units that looks like single-family but there's two of them together. And if you go back there, almost every single home that's directly behind that medical complex, that was built with a high wall behind it, is a rat trap. And the next house behind is closer to a rat frap, and then they get better as you go back into the neighborhood. And they didn't start that way. They got -- Commissioner Regalado: However, the condo building two blocks from there, it's spectacular. Chairman Winton: But the condo building -- but the impact that those big buildings have running immediately adjacent to the single-family home is a problem. And there are ways -- at least staff has begun to -- like on Coral Way, we worked hard on trying to figure out how we make that Coral Way zoning work. But don't think it's -- that it's good public policy to create this kind of thing. And I'm with Commissioner Teele. I think 37th Court -- 36th Court, the people along 36th Court, you're going to -- we're going to have all kinds of people in here at some point down the road as this stuff begins to get developed. And I agree with you 100 percent. There's things that we need to do to solve the real problem. I'm not sure this solves the real problem. So -- but that's all I could say. Vice Chairman Teele: Did you make the motion? Commissioner Regalado: No. I'm -- Chairman Winton: No. But I'm done. Commissioner Regalado: OK. This is an ordinance. I move to approve to amend ordinance from duplex residential to restricted commercial, to change the future land use designation of the Miami Comprehensive Neighborhood Plan. Vice Chairman Teele: Second the motion. Chairman Winton: Motion and a second. Read the ordinance. Discussion? The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll -- Vice Chairman Teele: Did the staff have any -- were there any conditions that you all wanted? Ms. Slazyk: This is a land use change. There are no conditions. Chairman Winton: You can bring those back later? Ms. Slazyk: The problem when you go for C-1 zoning, which is what this request is, is that they could build here by right. We wouldn't see any projects. So you're not going to see any ability for conditions. Chairman Winton: So why didn't you all recommend some better alternative for us? City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Ms. Slazyk: Well, we recommended denial. Chairman Winton: Yeah, OK. Ms. Slazyk: I don't know of any other alternative. Chairman Winton: Well, it could be an SD something. I don't know what it could be. I don't know any -- Ms. Slazyk: There is no special district on this portion of 37th Avenue. We always recommend SD-12 to applicants in cases like this because if what they're looking for is parking, SD-12 would require special exception and then we can do conditions. But the request is for C-1, so the most we could do is recommend denial. Mr. Maxwell: Unless they're -- unless the applicant wants -- Ms. Slazyk: Unless they proffer a covenant. Mr. Maxwell: -- to proffer a covenant of some kind. Ms. Slazyk: And that would -- Mr. Echemendia: That's correct. Unless we voluntarily proffered a covenant, Mr. Chairman. Ms. Slazyk: Which would be on PZ-14, the companion item. Mr. Maxwell: On the companion item. Chairman Winton: I don't hear much proffering coming forward. So -- yes? Mr. Echemendia: Would you suggest a voluntary proffer to request I mean -- Mr. Maxwell: I -- that -- Mr. Echemendia: -- it probably wouldn't be appropriate today, I think. Mr. Maxwell: That's not the way, Mr. Echemendia. Mr. Echemendia: I think -- would -- Mr. Chairman, I think the applicant would work to ensure and I'm sure -- the applicant would work and there would have to be -- correct me if I'm wrong, Lourdes -- that there would be at least site plan review at the administrative level. Ms. Slazyk: No, there wouldn't. Mr. Echemendia: And we would fry to ensure compatibility. We don't mind working with staff. I mean, this is the way that I'd like to propose it. If there's a sfraw vote and I think we could get it done today, I would ensure you all that the app -- well, not that could ensure you, butt would be hopeful that the applicant would try to develop the property compatibly. In fact, we think the zoning would only allow for a compatible development, in light of the 20-foot setback. However, if there seems to be an inclination not to approve, then we obviously would rather take a deferral to go back and discuss with staff some reasonable conditions that we could then voluntarily proffer that would allow the site to be redeveloped, yet address the reservations that -- Mr. Maxwell: But this is first reading, Mr. Chairman. City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes. Commissioner Gonzalez: That's what I was going to say. This is first reading. Mr. Maxwell: This is first reading. So -- Chairman Winton: Oh. Mr. Maxwell: -- if you have -- Ms. Slazyk: If he could proffer in five seconds -- Mr. Maxwell: If you have specific concerns, I would suggest that -- Chairman Winton: Great. Mr. Echemendia: Fair enough. Mr. Maxwell: -- that you take the -- Mr. Echemendia: That works. Mr. Maxwell: -- Commission's concern and -- Mr. Echemendia: That works. Mr. Maxwell: -- come back on second reading with something to address those concerns. Chairman Winton: May I make my point about that then? And, Commissioner Regalado, I would support you in any effort that you wanted to take that addresses the real fundamental problem here. I would support that 800 percent. I'm reluctant to support this amendment as it sits because I think it doesn't give you what you're really looking for long-term. And I don't want to begin a process that can begin to kind of eat away at the rest of the neighborhood in other ways that is different than the damn mess that we already have relative to Code Enforcement and policing the area around there because of the flea market thing. Commissioner Regalado: I -- whatever you support. First of all, I don't believe in quick action of the administration. I've been here almost eight years so this is for the long-term. Second, then we have the law of unintended consequences. Chairman Winton: Which is my -- Commissioner Regalado: Suppose we that we close the flea market. You know how many people will be out of a job and how many people would not be able to get bargains. Chairman Winton: But I don't think you'd be suggesting to close the flea market. I think you'd be suggesting -- Commissioner Regalado: No, no, no, no, no, no. Chairman Winton: -- that you control who's spilling out into the neighborhoods to who don't belong there. City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: No, I'm not suggesting that. But if we go to the extreme, it could happen, you know. And let me tell you. I just -- I am not confident in that the administration will do this in days, or weeks, or a month. Because it's not -- has not been done for 20 years, 25 years. It's nothing you can do to fix something that is so wrong. At the same time, I am -- I know what a good project does for an area that is in so need of doing that. So I -- you know, I move for approval and we just take a vote. Chairman Winton: Right. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I want to explain why I'm going to be voting for this approval now and on second reading. This whole area is probably -- I don't think there's any area in the City on a weekend that is more convoluted and more of a mess than this 37th Avenue near the flea market. I think everybody knows that. Commissioner Regalado: And, Art, let me just say. Thirty-seventh Avenue is a terrible example of what you just said. Because you have one little house, then you have a huge building. Then you have a store. Then you have a grocery store. Then you have a cafeteria. Then you have a duplex. Then you have another condo building. And then, past 8th Street, you have across the street Coral Gables, which, by the way, is doing the same. They're changing from residential to - - they have the Publix and they have -- they're changing and changing and building in the west side of 37th Avenue in Coral Gables. And I work one block from there so I'm right there. They have three condo buildings going up right now in the Coral Gables area where houses, single houses used to be. So, 37th Avenue is something -- to me, it's pretty weird. Because you find people living next to a grocery, next to an Eckerd, and then it's very weird. I don't know why is that, but it's like that. It's a reality. Chairman Winton: OK. Vice Chairman Teele: I just want to clarify that my comments were not as it relates to this project, per se. My comments were related to the staff related to what I don't want to start seeing is us working to create parking areas for commercial, and then to use that as a vehicle to come back in a couple years and then to convert what parking, which very well should be a buffer from residential, and now that becomes the nexus to convert it. I think this whole area is sort of a basket case. And, you know, the conversion was done when we, unknowingly, created the flea market. And now that horse is -- that stable is -- I mean, that herd of horses is long gone from the barn. Chairman Winton: OK. Roll call. Did we -- Priscilla A. Thompson (City Clerk): Roll call. Commissioner Gonzalez. Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Sanchez. Commissioner Sanchez: Yes, on first reading. But I believe you're going to have to address some of the concerns that were brought forth for the second reading. Mr. Echemendia: We will visit with stafffor the second reading. Ms. Thompson: Commissioner Teele. City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: Yes. Ms. Thompson: Commissioner Regalado. Commissioner Regalado: Yes. Ms. Thompson: Chairman Winton. Chairman Winton: Echo Commissioner Sanchez, yes. And I'm anticipating some modifications at second reading that will satisfy -- Commissioner Regalado: It was an -- Chairman Winton: -- long-term interest here. Commissioner Regalado: It was an ordinance. Did we read? Mr. Maxwell: You read -- yes. Ms. Thompson: Yes. Mr. Maxwell: This is PZ-13. Chairman Winton: Yeah, I asked him. Commissioner Regalado: Oh, OK. Mr. Maxwell: We read the title already. Ms. Thompson: So that the ordinance has been passed on first reading, 5/0. PZ.14 03-0064a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 201 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0064a-Backupl .pdf 03-0064a-Backup2.pdf 03-0064a-Legislation.pdf 03-0064a-Exhibit.pdf 03-0064a - submission.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 201 NW 37 Avenue APPLICANT(S): La Ciencia Quality Dry Cleaning, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: See companion File ID 03-0064. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 6-2. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0065 was changed to File ID 03-0064a for Second Reading. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-14 is the companion zoning change from R-2 two-family residential to C-1 restricted commercial. Vice Chairman Teele: I second the -- Commissioner Regalado: I'll move it. Chairman Winton: Public hearing on PZ-14. Anyone from the public on PZ-14? If not, we'll close the public hearing. We have a motion and a second. Discussion? Is this an ordinance also? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Winton: Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 5/0. PZ.15 03-0066 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3680 NORTHWEST 2ND TERRACE, MIAMI, FLORIDA, City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0066-Backup1.pdf 03-0066-Backup2.pdf 03-0066-Legislation .pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3680 NW 2 Terrace APPLICANT(S): Enterprise Investments, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2003 by a vote of 6-0. ZONING BOARD: See companion File ID 03-0066a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ-15. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-15 is also a companion. It's the other one that's in solid black on that board, 3680 Northwest 2nd Terrace, also from duplex residential to restricted commercial. Recommended denial by Planning and Zoning. Recommended approval by the Planning Advisory Board. Vice Chairman Teele: Tomas. Chairman Winton: PZ-15 is a public hearing. Anyone from the public like to speak on PZ-15? Anyone from the public on PZ-15? If not, we'll close the public hearing. Commissioner Regalado: I'll move -- Vice Chairman Teele: Second. Commissioner Regalado: -- PZ-13. Chairman Winton: Motion, second. Commissioner Regalado: Fifteen. City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is -- Chairman Winton: With the same condition as before. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.16 03-0066a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3680 NORTHWEST 2ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0066a-Backupl .pdf 03-0066a-Backup2.pdf 03-0066a-Legislation.pdf 03-0066a-Exhibit.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3680 NW 2 Terrace APPLICANT(S): Enterprise Investments, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: See companion File ID 03-0066. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 7-1. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0067 was changed to File ID 03-0066a for Second City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Reading. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ-16. Lourdes Slazyk (Assistant Director, Planning & Zoning): Sixteen is the companion to 15 for -- from R-2 two-family residential to C-1 restricted commercial. Chairman Winton: Public hearing. Anyone from the public like to speak on PZ-16? If not, we'll close the public hearing. Need a motion. Vice Chairman Teele: Moved, for Commissioner Regalado. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Santiago Echemendia: Thank you. Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 5/0. PZ.17 03-0068 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 126 AND 134 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO " RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0068-Backup1.pdf 03-0068-Backup2.pdf 03-0068-DRAFTLeg islation. pdf REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 126 and 134 SW 8th Avenue City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 APPLICANT(S): Inmobiliaria, LLC APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial (due to failure to obtain the required five favorable votes) on July 23, 2003 to City Commission by a vote of 4-4. ZONING BOARD: See companion File ID 03-0068a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Sanchez, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ-17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-17 is -- and 18 are companion and land use and zoning change from medium density multifamily residential to restricted commercial for the properties at 126 and 134 Southwest 8th Avenue. The Planning and Zoning Department is recommending denial. And the Planning Advisory on the land use change recommended denial. It was a motion which failed due to a failure to obtain the required five votes. It was a 4 to 4 vote. This is another case in which you can see that the line -- land use and zoning line is a very clean line that separates the commercial district from the residential, and this would represent commercial intrusion into a medium density multifamily residential area. For that reason, we recommend denial. Chairman Winton: Mr. Ambassador. Simon Ferro: Good afternoon, Mr. Chair, members of the board. Simon Ferro, 1221 Brickell. Just to get you acquainted with the property, the property is -- the Manuel Artime Center is here. This is Southwest 1st Street and this is Southwest 8th Avenue. What you see in yellow here is the property. It's a small 10,000 square foot lot. Contrary to what the assumption is, we're not trying to intrude commercial into a residential area. This property is going to be developed as residential. We have proffered a covenant to that affect. The owners of this property, or at least the developers, are also developing an adjacent property. All that you see in green here is owned by entities that are being developed by the developers of this project. What, in fact, they are doing is they're buying -- they've bought properties -- almost, I'd say 30,000 square feet of property on Southwest 1st Street, which is already zoned C-1, and they're building residential. And all they want to do is be able to continue the same pattern and the same type of building onto this lot that is on Southwest 8th Avenue, which, as you know, is a pretty high traffic sfreet, and do exactly what they're doing next door. So rather than intruding commercial into residential, what we're doing is intruding residential into commercial. And this is only another phase of what they're doing on Southwest 1st Street. So what happened at the Planning Advisory Board was that there was a tie. It was not -- there was not a majority to recommend denial of the application. And on the Zoning Board, it was approved. As you can see, Southwest 8th Avenue is a -- also a mixture of both residential and commercial. In fact, right across the sfreet from where we are, there are grandfathered in commercial uses. There's a market. There's a TV (television) repair shop. We're basically next to a church. We're diagonally across from a cafeteria, and we abut C-1. So the purpose here is not to intrude commercial into residential. It is, in fact, to continue a pattern of development. These developers have made a huge -- thank you -- a big investment into this whole block here. They are developing the property immediately City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 to our west, next door, which is R-3. It is being developed as R-3, but it does not front on Southwest 8th Avenue. And they're developing two other parcels in the interior of the block as R -3. As I said before, they also own all of this frontage here on Southwest 1st Street. That is not being developed as commercial. It's being developed as residential. So in this request, what we're asking is that they be able to develop this 10,000 square foot lot that immediately abuts a lot they already own on Southwest 8th Avenue, not as commercial, but as residential. And, obviously, we want to take advantage of the slightly higher density that we get under a C-1 than we would get from an R-3. And the difference between the lots they're developing in the interior R-3 and this one is that this one has the impact of being -- affronting on Southwest 8th Avenue and of being right next to a development they're going to build commercial -- residential -- I'm sorry -- on C-1 property. So we would like you to consider this application and approve it based on the fact that it is not an intrusion of commercial into residential, but that it is a continuation of the residential developments that they are already building and committed to build on Southwest 1st Street and on Southwest 8th Avenue. We've proffered a covenant restricting this piece -- the one you had before you today -- to residential, notwithstanding the C-1 zoning designation it might receive should you wish to approve it. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on PZ- 17? Anyone from the public on PZ-17? If not, we'll close the public hearing. Yes, sir. Commissioner Sanchez: I could understand the part that being commercial on 1st Street that it's the whole property that's vacant and all the way from 1st -- Mr. Ferro: No. The only thing before you today is what you see in yellow and -- Commissioner Sanchez: And who owns the other property? Mr. Ferro: It's another entity controlled by the same developers here. Commissioner Sanchez: Controlled by the same developer. Mr. Ferro: By the same people, right. It's not the same entity. It's not the same applicant you have today because they purchase properties under separate corporate entities. So it's a separate entity but controlled by the same people and developed by the same people. Commissioner Sanchez: What would be the density? Mr. Ferro: This property, the one you have before you today, under the R-3 designation, which it now has, would be limited to about 15 units. Should you decide to give it a C-1 designation, it would probably go to around 30 units, which would be compatible with exactly what they're going to build -- Commissioner Sanchez: When you say "30 units, " what are you talking about in height? Mr. Ferro: Not more than seven stories, which, again, is compatible, Commissioner, with what is going to be built right next door to them on 1st Street, and which goes back at least 100 feet into Southwest 8th Avenue. Commissioner Sanchez: What are some of the concerns that the administration has? Ms. Slazyk: The concerns are that once you zone it to C-1, it can be commercial intrusion. The property could be flipped tomorrow. Somebody else could buy it and you could end up with something completely different than what's being described. Remember that the Planning and Zoning Department's analysis has to be a pure analysis. You change this land use, you change this zoning, all the things that come with it could happen because there's no special district here. City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Sanchez: Could a covenant remedy that problem? Ms. Slazyk: Of course. The height was an issue, and, you know, if that were addressed, as well as the use and the buffering issues, that could very well all be addressed by covenant. Commissioner Sanchez: Well, I'll tell you what I'm prepared to do. I'm prepared to move on first reading and have you address those concerns. Because I tend to agree with you on the point. That whole area there on that corner block, which is right now a vacant lot -- it used to be these old homes -- is dying for redevelopment. I could support that butt want to make sure that the concerns that the administration has are well addressed. Mr. Ferro: We agree, Commissioner. We've already -- Commissioner Sanchez: I'm prepared to make on -- Mr. Ferro: We've actually already proffered a covenant limiting it to residential. Commissioner Sanchez: OK. Well, I'm prepared on first -- Chairman Winton: But, I -- Commissioner Sanchez: Move on first reading. Chairman Winton: I think there's two issues that you -- Joel Maxwell (Deputy City Attorney): Yeah. Chairman Winton: --want to focus on -- or three maybe. One is the -- making sure it stays residential. The other is height, and the other is buffering. Mr. Maxwell: Yeah. Commissioner Sanchez: Right. Chairman Winton: All three of which need to be addressed. Commissioner Sanchez: All three of those issues have been addressed. Chairman Winton: Yeah. Vice Chairman Teele: I second the motion, but I think the discussion about the covenant, Counsel, should be handled with the City Attorney. You all need to make sure that when that comes in, that's already been -- Commissioner Sanchez: Yeah. Mr. Ferro: We agree and -- Vice Chairman Teele: And we don't come -- Chairman Winton: We don't want it here. Commissioner Sanchez: So we don't debate it here and beat a dead horse. City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. Ferro: And in terms of buffering, I'd just like to point out that the property we abut to the north and to the west are all owned by the same group of people. And we have obtained -- Vice Chairman Teele: But, Simon, the problem is this. Chairman Winton: Right. Vice Chairman Teele: You own it now but there's nothing to preclude you from selling it or a -- Mr. Ferro: We agree. That's why we're -- Vice Chairman Teele: -- or a piece of it. Mr. Ferro: -- willing to offer a covenant. Vice Chairman Teele: And so, we trust you and we trust the developers right now. We just don't know who's behind them. Because when you do this, as Commissioner Sanchez is saying, this isn't something that is personal. It goes with the land. And the key issue is for you to work with the City Attorney and get the covenant done with the staff so that when we come back, we're not discussing the covenant, I think. Chairman Winton: Right. Mr. Ferro: We agree. Ms. Slazyk: Correct. And the covenant would be with PZ-18, which is the zoning change. Chairman Winton: Because -- Commissioner Sanchez: OK. Chairman Winton: -- I'll point out, when I went through my book, I wrote here, after looking at this, "No way. !" Because this is a clear precedent that I think is awful public policy, but you've developed some rationale there so that if we can protect the key issues about that intrusion -- because you are going residential -- then, you know, I could probably get there. Mr. Ferro: We can do that. No problem. Chairman Winton: OK. So we have a -- Mr. Maxwell: Yeah. One thing, Mr. Chairman. Mr. Ferro, we have a covenant I think you submitted, but that covenant doesn't address a lot of the concerns. So it's incumbent upon you all to make sure that the one that -- that we get the proper one prior to the next meeting. Commissioner Sanchez: Counsel -- Mr. Ferro: Will do. Commissioner Sanchez: -- you know the concerns. Chairman Winton: Right. Mr. Ferro: Will do. Thank you. Chairman Winton: OK. Do we have -- motion and a second. Would you read the ordinance, City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 please? Mr. Maxwell: This is 17. An ordinance of the Miami City Commission amending -- this is PZ-17 , correct, Madam Clerk? Chairman Winton: Yes. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado. Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez. Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Teele. Vice Chairman Teele: Yes, ma'am. Ms. Thompson: Commissioner Sanchez. Commissioner Sanchez: Yes, with those issues that we've discussed. Ms. Thompson: Chairman Winton. Chairman Winton: Same reluctant yes. Ms. Thompson: The ordinance is passed on first reading, 5/0. Mr. Ferro: Thank you very much. PZ.18 03-0068a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 126 SOUTHWEST 8TH AVENUE AND 134 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 03-0068a-Backupl .pdf 03-0068a-Backup2.pdf 03-0068a-Legislation.pdf 03-0068a-Exhibit.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Chairman Winton: PZ-18. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-18 is the companion zoning change . And this is where the Commission would accept the voluntarily proffered covenant. Chairman Winton: PZ-18's a public hearing. Anyone from the public would like to speak on PZ -18? If not, we'll close the public hearing. Need a motion. Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second. Would you read the ordinance, please? The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. PZ.19 03-0070 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29TH COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0070 SR Fact Sheet.PDF 03-0070 Analysis.PDF 03-0070 Land Use Map.PDF 03-0070 & 03-0071 Aerial Map.pdf 03-0070 PAB Reso.PDF 03-0070 Application & Supp Docs.PDF 03-0070 SR Legislation.PDF 03-0070 FR Fact Sheet.pdf 03-0070 FR Legislation.pdf 03-0070 - Submission.pdf City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Medium Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 940 SW 29 Court APPLICANT(S): Miami -Dade County Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2003 by a vote of 7-0. ZONING BOARD: See companion File ID 03-0071. PURPOSE: This will allow a unified commercial development site. CONTINUED A motion by Vice Chairman Teele, seconded by Commissioner Sanchez, passed unanimously: to continue consideration of PZ.19 to the Commission meeting currently scheduled for December 18, 2003; further directing the Administration to schedule a public hearing and meetings inn the affected neighborhood to explain proposed project for 940 S. W. 29 Court; further requesting Miami -Dade County Housing Agency to provide maintenance to its existing affordable housing properties throughout the City which are in a state of disrepair. Chairman Winton: PZ-19. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-19 and 20 are also companion land use and zoning change items. This is for the property at approximately 940 Southwest 29th Court from Duplex Residential to Multifamily Medium Density Residential. It's been recommended for approval by the Planning and Zoning Department, approval by the Planning Advisory Board. This particular application is by the Miami -Dade County Housing Agency. And the -- a portion of the property is already in their ownership and zoned Multifamily Medium Density Residential. This is in order to bring the entire property into one land use and zoning designation for redevelopment purposes, in order to bring more housing to the property. We have reviewed it and found that it's -- this is a logical extension of the category, and we do recommend approval. Chairman Winton: PZ-19 is a public hearing. Anyone from the public would like to speak on PZ-19? Y'all come up. Come on up. Madam Clerk, you ought to make sure everybody's been sworn in again. (COMMENTS OFF THE RECORD) Chairman Winton: Yeah. Great point. Before we go there, can I get kind of a show of hands? Are y'all here in favor of this or are you in opposition? OK. Fine. Thank you. I just wanted to get a sense. OK. Thank you. AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Thank you. Yes, ma'am. You're recognized. We need your name and address for the record, please. Mary Barnes: My name is Mary Barnes. And I'm calling from my home. You want the home or where there -- Chairman Winton: Your home's fine. Ms. Barnes: My home is 81 Southwest 27th -- I'm sorry. Southwest 8th. I tell you, I'm all mixed up. Chairman Winton: It's OK. Take your time. Ms. Barnes: I'm sorry. Chairman Winton: You're doing fine, ma'am. Dolores Lamont: She's speaking about the property located at 29 -- Southwest 29th Court, Miami. 940 Southwest 29th Court, Miami. It is to be changed from duplex residential to multifamily medium density residential. She does not understand what it's about. Chairman Winton: OK. Joel Maxwell (Deputy City Attorney): Can we have your name, please? Ms. Barnes: You wanted my home phone number? Mr. Maxwell: Excuse me, miss. Chairman Winton: Ma'am, could you put your name on the record, please? I'm sorry. Hold on. Hold on. Ms. Barnes: My home phone is seven -oh -four -- Chairman Winton: Ms. Barnes -- yes, yours, please. Ms. Lamont: My name is Dolores Lamont and I'm her CNA (Certified Nursing Assistant) at home. Chairman Winton: OK. Thank you. So, she doesn't understand what we're doing. Is that what you just said? Ms. Lamont: No. And she got this letter to come here today. Chairman Winton: OK. Fine. We will -- I can't hear you. Mr. Maxwell: On the record. On the record. On the record. Chairman Winton: Yeah. Ms. Slazyk: If the applicant gives their presentation, it might let all -- Chairman Winton: Right. Ms. Slazyk: -- everybody else who's unsure of what's going on -- City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Yeah. Ms. Slazyk: -- what the plans are so they would know if there's concerns. Chairman Winton: Ma'am. Ms. Barnes, we're going to do that. So if you'll -- I think it would probably be best ifyou sit back down again. And we will let the applicant given their presentation here in terms of what they're doing, and then we will come back to the public hearing portion of this. And those of you who have comments, we'll come back to you for those comments. Carter McDowell: Good afternoon. For the record, my name is Carter McDowell, with offices at 200 South Biscayne Boulevard. I'm here, honestly, in place of my partner, Vicky Garcia - Toledo, who is home ill, on this matter. As you can see from your packet, this is the -- the applicant is the Miami -Dade Housing Agency, which has owned this property for many, many years. What we are seeking to do is really conform the zoning to the existing zoning on the rest of the site. This is -- this shows the existing site. The R-3 zoning already applies here. The area in question is this. It is R-2. The intent is to allow us to provide additional housing for affordable housing and housing in this area to meet the needs of the neighborhood and the population in the area. It's not, honestly, a major change. It is, in fact, conforming to the existing development pattern in the area. These are photographs showing the property in question. It's the south end. If you've been along Southwest 8th Street, if you're not sure where this is, ifyou know where the Home Depot is along Southwest 8th Street, it is immediately to the south and east of that Home Depot site. This is part -- that's part of the overall property that's been in the same type of continuous use for many, many years. In fact, here's the aerial photograph. Here's the Home Depot. Here are the existing buildings that have been there for, I think, 25 years plus, more or less -- since 1957, I'm told. So, it's even longer than that. And what we're seeking is simply to conform the zoning in this location with the zoning to the north that would allow us to continue to use that for housing and to provide some additional housing units in the area to respond to the demand for affordable housing in the area. As you can see, the Home Depot, immediately to our west, which is commercial zoning, extends even further to the same boundaries south from Southwest 8th Street. Commissioner Gonzalez: May I ask a question, please? Chairman Winton: Yes, sir, Commissioner Gonzalez. Commissioner Gonzalez: What you're trying to do -- are you representing the County? Chairman Winton: Yes. Mr. McDowell: Yes. Commissioner Gonzalez: You're representing the County. Mr. McDowell: Yes. Commissioner Gonzalez: And you want to be able to build more units in that parcel? Mr. McDowell: That's correct. Commissioner Gonzalez: OK What -- when is the County going to take care of the hundreds, and hundreds, and hundreds of apartments that they have abandoned all over Allapattah? Chairman Winton: And Wynwood. City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. McDowell: Well, let me -- obviously, I don't have an answer for that, to be perfectly honest. Commissioner Gonzalez: Well, then let me tell you. Mr. McDowell: This is a property that -- Commissioner Gonzalez: If you don't have a problem -- if you don't have an answer for that for me, with me, there's going to be problems with this project. You know why? Because I've been trying to get (INAUDIBLE) and Miami -Dade Housing to come up with a solution. We have a desperate need for affordable housing in this City. Desperate need for affordable housing. And we have more than five or six big, big housing projects in Allapattah that have been abandoned, that have been closed down for the last four or five years. Before -- long, long, long before I became a Commissioner, ever since I became a Commissioner, I've been asking when we're going to take care of this problem. And what I'm having in those buildings is crack dealers. I'm having shootings. I'm having people running through the projects running away from the Police Department. So, I have a serious problem with you frying to build more units and you're not taking care of your stock that you have abandoned, at least in my district. I don't know how the rest of my colleagues feel but let me tell you. I'm very upset about this problem. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I move that this item be deferred -- Commissioner Sanchez: Second. Vice Chairman Teele: -- with -- first and foremost, with the requirement that a public hearing and meetings be held in the neighborhood with the people that are here today and others that want to understand what the project is about. I don't want to -- I do want to say this. I think it's almost -- it's really regrettable that we would have a lady to come here and stand before us -- you're not responsible for every single person, but it's come to our attention now. And I think and I would have felt better -- and I'm sure Commissioner Gonzalez would have felt better -- if you all had pulled the item at that point and said let us sit down. Because we don't want to be heavy-handed government just to run something over someone who's obviously in a position that we need to ensure that she understands exactly what's going on, and everyone else that's in the community. I mean, we have people being translated to that are here that don't understand as this is going on. And I just think that what Commissioner Gonzalez has put on the record -- obviously, I don't understand the conditions butt support-- but think if you all take a 60-day deferral and come back, I think maybe you all will have the opportunity to meet with Commissioner Gonzalez and the people in his district, and our management and see if there are some solutions that can come about. Mr. McDowell: The only thing I would say -- and it's not in defense and I don't disagree with you at all -- we have already been to the Planning Advisory Board. And, candidly, there was nobody there who raised an issue. We would have been -- we are happy to meet. We have met with neighbors. We've tried to meet with the neighbors. Anybody who has a question, we're happy to meet with to answer the questions. Chairman Winton: Well, Carter, there's some people behind you that you can get their names and addresses before you leave. That's OK. I'll direct them. Vice Chairman Teele: Mr. Chairman, would you ask and ask the translator to interpret: Everyone that is here that is opposed to this project, if they would raise their hand and let the City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 City Clerk's Office go by and at least get their names and address for the record, so that the -- we're not giving the County an impossible position. Mr. McDowell: I believe a number of the people who are here are here to support us actually. Chairman Winton: Yeah. The people in the front row. (At this time, Vice Chairman Teele's comments were translated in Spanish by Ondina Suarez.) Mr. Maxwell: And, Mr. Chairman, those names that you're getting, Commissioner, for purposes of noticing these workshops and so forth. Vice Chairman Teele: Are for purposes of notice and the workshops. Chairman Winton: OK. Now -- Mr. McDowell: We accept -- Chairman Winton: Well -- Mr. McDowell: -- the idea that we defer -- Chairman Winton: Hold on. Mr. McDowell: -- and we meet with neighbors. We will fry to get answers to as many of the Commission's questions as we can before we come back. Chairman Winton: Carter -- and the three of you are from Miami -Dade County, correct? Mr. McDowell: Well, I represent -- Chairman Winton: I know. Mr. McDowell: -- the applicant, but, yes, there are representatives ofMiami-Dade County Housing. Chairman Winton: Here's -- Vice Chairman Teele: Have the applicants put their name -- Chairman Winton: Yeah. Vice Chairman Teele: -- on the record, Mr. Chairman -- Chairman Winton: Good point. Vice Chairman Teele: -- just so that Commissioner Gonzalez knows who -- Chairman Winton: But I want to make a point to you all, as well -- and this isn't personal at all - - but two points that I want to echo that Commissioner Gonzalez made. We did a tour in Wynwood, as an example, we have beat the holy tar out of landlords who have been violating the Code in Wynwood, and who haven't worked to clean their properties up. And, you know, in three and a half years in Wynwood, that neighborhood that was drug infested, that families couldn't -- kids couldn't get out in those streets, families wouldn't get out on the streets, just three years ago, is a very vibrant neighborhood and the park, Roberto Clemente Park, is used City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 everyday. But you know the one cancer that we still have in the neighborhood -- and I went on a tour with County staff two years ago, pointed out all of the abandoned houses, duplexes, whatever they are, that you guys own, multifamily, they're four units or whatever it is that you all own that are boarded up in the neighborhood where there's drug dealing and prostitution. You can't keep them -- they're not well -- obviously, they're not maintained. And it's been two years, and most of those units are still exactly as they were two years ago when I did the tour with you all to try to get action to fix them because we beat up the private sector, and the only bad guys left in the neighborhood, guess who they are? It's government, which makes us look pretty bad. And so, I'm real concerned about supporting, in our community, more development that any of you -- that Miami -Dade Housing Authority does because you have -- you guys have an awful record of maintaining your properties and keeping them, taking care -- and this project right here that we're talking about, these units, this complex, there's a lot of maintenance that needs to be done on these properties right here. I mean, they're -- the exteriors of these things are not -- they don't look good at all. So -- now, these -- let me change that a bit. They look beautiful compared to some of the stuff that we have in Wynwood, by the way. So, I'm also going to be -- as Commissioner Gonzalez, I'm going to be really reluctant to come say `yes" to this request to change the zoning that allows you higher density there, until see some real action on other units in the City ofMiami, so that we get the cancer that y'all are in control of out of our neighborhoods. And then, once I see that you're doing that, I'm all in favor. We need it. You guys can do a really good job in some arenas, butt want a little more action. That's what I'm looking for. Commissioner Regalado. Commissioner Regalado: The Smathers Plaza is the only housing building in District 4. There's no other building from Miami -Dade County Housing throughout District 4. The Smathers Plaza is an area, which we have debated here about the polling place and all of that. My information regarding this first one that had was when I read the draft and I asked some of the Planning Department staff to tell me what was going on and -- because I couldn't or I didn't want to call Rene Rodriguez, or Ruby Perez, or (INAUDIBLE) about that because of the Jennings law. Only one person called my office and we did not respond the call because of the same situation. So the only thing I was told -- and I guess that this is the case -- that it would be -- the construction of the building would be on the same grounds where the two towers -- the three towers stands now. And it has a huge area -- I go there every week so I know. That's the only housing building in the district and one of the two senior centers in District 4. To tell you the fruth, first of all I have a segment -- Mr. Rene Rodriguez and (INAUDIBLE) knows -- I have a segment every week on my TV (television) show on Mondays about public housing. And believe me, there is no other forum that criticize so much the Housing Department, HUD (Department of Housing and Urban Development), from people from Claude Pepper and from the three towers, and 28th Street. But I have to tell you, to be honest, the situation in the Smathers, it could be perfect, but it's one of the best well -kept buildings throughout the system. Recently, they built a parking lot, which is one of the best of all the buildings. And I don't know the details. I think that the Planning Department should have told me more because I didn't realize that there were some people about this. But to tell you the fruth, I don't know why is there opposition. No one has explained to me the opposition, if this is going to be built in the same grounds. It's not going to be any other. But, you know, I don't have any problems of my colleagues seeking answers about the situation in their district of these projects. It's -- I know what is going on. I know what is going on in Claude Pepper. I know what is going on in the three towers. I know what is going on in other buildings. So, you know, you have my support. I don't have a problem in deferring this. But will tell you. I don't know the opposition, the reasons of the people here in opposition. Maybe the Planning Department can then later on give me a report of why they are opposed to it. But will be in favor of doing this project because I think, first of all, that there is a huge need for public housing. I think that there is a lot of ground empty in that project, and I don't see a problem for that building to be there. So, I'll just wait for -- sure. Commissioner Gonzalez: OK I have always been a strong supporter of affordable housing and affordable rentals, especially rental and homeownership. City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Commissioner Regalado: No. This is public housing. Commissioner Gonzalez: This is public housing. I know it's public housing. Mr. McDowell: It's also for the elderly. Commissioner Gonzalez: My problem is that there -- let me give you an example. There's a big project on Northwest 28th Street, between 23rdAvenue and 25th Avenue, where we have probably 400 or 500 units there. They were vacated three years ago. And we keep calling, and calling, and calling, and calling, and nothing gets done in that project. There is another project on Northwest 17th Sfreet, where we're going to have three new developments going out, and we have an eyesore, which is a public building from Dade County, that had to go send my people to take pictures of the place. It's unsecure (sic). It's open. It's being used by gangs. It's being used by people selling drugs and consuming drugs. It's being used for prostitution. We also complain about that. No answer because -- Vice Chairman Teele: Seventeenth -- Commissioner Gonzalez: -- the best answer the County can give you is no answer. Vice Chairman Teele: Seventeenth Sfreet and what avenue? Commissioner Gonzalez: Seventeenth Sfreet between 25th Avenue and 27th Avenue. That's next to Moose Isle. Next to Moose Isle. The other project is a project on 28th Street and 23rd Avenue . I have about seven -- I have between 10 and 12 or 14 duplexes that have been vacated and they're still open, unsecure (sic), in the middle of neighborhoods. And I keep getting complaints, and getting complaints, and getting complaints, and I keep calling the County. And the best answer that get from the County is no answer. That's the best answer. No answer. There is no plan in action. There is nothing. Nobody can tell you -- nobody tells you, in the year 2010, we're going to take care of the problem, you know. It's your problem. It's your City. It's your residents. You solve it. Commissioner Regalado: Go to my program. They respond when they -- Chairman Winton: Then I'm going. I'm going also. Commissioner Gonzalez: I'm going to be going to (INAUDIBLE) Commissioner Regalado: They know because they have come up, you know, to be honest. When the residents go to the program and show -- we have shown pictures. We showed pictures of a ceiling that dropped on a resident in Claude Pepper, and they went and fixed it. And, you know. Chairman Winton: But, Commissioner Regalado, it seems to me that -- we're going to defer this and they're going to have an opportunity to come back, but in terms of how I'm going to think about this moving forward, if you guys have capital dollars available for new construction, until -- I want you to spend those capital dollars on fixing the stuff you already got so that it does the same thing. If you're looking for affordable housing, fix the damn stuff that's boarded up. You could put people in it. And so, I'm not going to support you bringing new product to the table until the product, as far as he and I are concerned anyhow -- maybe there will be a 3 to 2 vote here -- until you all fix what you already have that's abandoned. Mr. McDowell: We would welcome the opportunity to meet with you to talk about the issues in your own districts. Obviously, not about this specific project, since that's part of an application. However -- City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Right. And I'll get Maria -- you guys give me your card, and I'll have one of my staff people -- Mr. McDowell: The only thing I would say -- and not by way of response specifically -- but recognize that there are funds available to do, for example, elderly housing that is not available to be used for the renovation of a duplex in another location. So it's not always a matter that those funds are fungible and that they can be used for any project. But we would welcome the opportunity, during the deferral period, to touch base with your office and get specific issues and try to work out a work program and a response to your concerns before we come back. We will also establish neighbor -- another neighborhood meeting at the site so that people can come understand what we're doing. We did not understand there was this much confusion as there appears to be. Chairman Winton: OK. Mr. McDowell: And we will certainly try to answer those issues. Chairman Winton: Great. We have a motion and a second on -- yes, ma'am. Ms. Slazyk: December 18th. Chairman Winton: Deferral to December -- continuance or deferral? What are we doing? Ms. Slazyk: Continuance. Mr. Maxwell: Continuance to December 18th. Chairman Winton: Continuance to December 18th, is that what you just said? Mr. Maxwell: December 18th. Chairman Winton: OK. Any other discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Thank you all. Mr. McDowell: Thank you. Chairman Winton: PZ-21 (INAUDIBLE) -- Vice Chairman Teele: Mr. Chairman, before the representatives from HUD (Department of Housing and Urban Development) leave, one sfrategy that you may employ with the -- these buildings that my colleague, Commissioner Gonzalez, have described, it may be that a transfer of those properties to the City so that the City could dispose of them through a community -based -- Chairman Winton: Organization. Vice Chairman Teele: -- organization or some other sfrategy. I mean, I'm -- we don't want to just label you with something and then you don't have the money and there's no solution. What I'm trying to say is that I'm not trying at all to be petty about this, but do think that there are some legitimate concerns that need to be addressed. Carter McDowell: I think there's no question that that's an accurate statement. We need to City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 address it and address the concerns of the Commissioner, and we'll be back. Chairman Winton: I guess I need to add to that because I almost said something similar to that. I understand that funds are not fungible. That is a real problem. But in my mind I was thinking, yeah, but it may be the only leverage I have to get you guys to do real creative thinking about how we solve the real problem. He just said it. Maybe there's a lot of other ways that we can skin this cat that we'd be real interested in talking about. Mr. McDowell: OK. Chairman Winton: Thank you. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: Could I just put something on the record? Chairman Winton: Sure. Mr. Maxwell: The item --- this item has been deferred but think, even though there's been -- Chairman Winton: Continued. Mr. Maxwell: -- much discussion about what the applicant wants to put on this site, this is a comp plan change application and a zoning application. And I think one of the main reasons for the actual deferment was the fact that you didn't believe that the neighbors had adequate information; is that correct, sir? Chairman Winton: OK. Mr. Maxwell: Thank you. PZ.20 03-0071 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29 COURT. City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 03-0071 SR Fact Sheet.PDF 03-0071 Analysis.PDF 03-0071 Zoning Map.PDF 03-0070 & 03-0071 Aerial Map.pdf 03-0071 ZB Reso.PDF 03-0071 Application & Supp Docs.PDF 03-0071 SR Legislation.PDF 03-0071 Exhibit A.PDF 03-0071 FR Fact Sheet.pdf 03-0071 FR Legislation.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-3 Multifamily Medium Density Residential to Change the Zoning Atlas LOCATION: Approximately 940 SW 29 Court APPLICANT(S): Miami -Dade Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0070. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 6-2. PURPOSE: This will allow a unified commercial development site. CONTINUED A motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, unanimously passed to continue item PZ. 20 to the meeting currently scheduled for December 18, 2003. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Lourdes Slazyk (Assistant Director, Planning & Zoning): Twenty is the companion. We need the same continuance. Chairman Winton: Need a motion on -- Vice Chairman Teele: So moved. Chairman Winton: -- 20. Motion, second. Commissioner Gonzalez: Second. Chairman Winton: Discussion? Ms. Slazyk: December 18th. City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Yes. Being none -- Joel Maxwell (Deputy City Attorney): Just one -- Chairman Winton: -- all in favor "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Mr. Chairman, we -- Chairman Winton: Like sign opposed. The motion carries. Commissioner Gonzalez: We have these ladies and these gentlemen sitting here for the longest. I don't know if they're waiting for an item or maybe they're confused. Either way -- Commissioner Regalado: No. They came here for the Smathers. Commissioner Gonzalez: Oh, oh, for this one? OK. PZ.21 03-0072 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 11, SECTION 1102, NONCONFORMING LOTS, IN ORDER TO MODIFY LANGUAGE PERTAINING TO THE DIVISION OF CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0072-Backup.pdf 03-0072-Legislation.pdf 03-0072-Memo-Corrected Scriveners Error.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez Chairman Winton: OK. That was -- Commissioner Gonzalez: Mr. Chairman, do we have anything else? Chairman Winton: I don't know. I think we have PZ-21, don't we? We thought we were just deferring this right away. I thought we were just deferring it right away. PZ-21. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-21 is a first reading ordinance to amend the nonconforming lot ordinance. This ordinance does two things. Chairman Winton: Hold on. Hold on. We've got to wait until they all clear out. (COMMENTS OFF THE RECORD) Ms. Slazyk: PZ-21 is a first reading ordinance. City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Hold on. Excuse me. Those of you in the audience that are leaving, if you don't mind, shhhh. We still have a meeting to carry on. So thank you very much for leaving quietly. Thank you. Yes, ma'am. Ms. Slazyk: PZ-21 is a first reading ordinance. If you all recall, a little over a year ago, you approved a nonconforming lot ordinance to prevent lot splitting on nonconforming lots. What this ordinance does is two things: First of all, it closes a loophole that was found. People were still being able to split lots, as long as they condominiumized, because the requirement in the code was for a unity of title. So, we corrected that loophole. And the second one was we put in a 90 percent rule because there was an unintended effect of this, and people with lots at 49 feet. We never intended that they wouldn't be able to build or to develop their lot. So we put a 90 percent rule in that if your lot complies with 90 percent of the requirements, which is 45 or bigger, you would still be able to develop it, and you wouldn't be restricted by the nonconforming lot requirements. This has been recommended approval by the Planning Advisory Board. And the Planning and Zoning Department recommends approval. Chairman Winton: Need a motion. Oh, this is a public hearing. Anyone -- start this over. Public hearing. Anyone from the public would like to speak on PZ-21 ? If not, we'll close the public hearing. Need a motion. Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second. Ordinance. Read it, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. PZ.22 03-0073 ORDINANCE First Reading AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA AMENDING ARTICLE 9, ORDINANCE NO. 11000, AS AMENDED (ZONING ORDINANCE) ENTITLED "GENERAL AND SUPPLEMENTAL REGULATIONS," IN PARTICULAR BY ADDING A NEW SECTION 951 ENTITLED "CERTIFICATE OF RE -OCCUPANCY" TO DECLARE UNLAWFUL ANY SALE, TRANSFER OF TITLE OR CONVEYANCE OF: A DWELLING, ONE -FAMILY OR SINGLE-FAMILY; DWELLING TWO-FAMILY; OR DWELLING MULTIFAMILY ON PROPERTIES ZONED R-1, R-2, R-3 AND R-4 WITHOUT FIRST OBTAINING A RE -OCCUPANCY CERTIFICATE ISSUED BY THE CODE COMPLIANCE DIRECTOR OR DESIGNEE; TO PROVIDE PROCEDURES FOR APPLICATION AND ISSUANCE OF THE CERTIFICATE OF RE - OCCUPANCY TO CONFIRM COMPLIANCE WITH THE RESIDENTIAL OCCUPANCY REGULATIONS OF THE APPLICABLE ZONING DISTRICT, ESTABLISH FEES FOR INSPECTIONS AND RE -INSPECTIONS, PROVIDE FOR DISCLAIMER AND A CONDITIONAL CERTIFICATE OF RE City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 -OCCUPANCY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0073-Backup.pdf 03-0073-Legislation.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 17, 2003 by a vote of 7-1. PURPOSE: This will implement the certificate of re -occupancy for sales of single, two-family and multifamily residential units in residential zoning districts. CONTINUED A motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, passed unanimously with Commissioner Sanchez absent, to continue item PZ.22 to the Commission meeting currently scheduled for December 18, 2003 . Vice Chairman Teele: Move to continue Item 22. Commissioner Gonzalez: Second. Joel Maxwell (Deputy City Attorney): To November the -- the date of the continuance to? Alicia Cuervo-Schreiber (Chief of Operations): We're asking for a continuance of 60 days that will allow administration to look at enforcement, training, and how we're actually going to implement this before this item gets moved on first reading. Chairman Winton: OK. Vice Chairman Teele: Give us a date. Ms. Cuervo-Schreiber: Sixty days -- Chairman Winton: OK. So the -- Ms. Cuervo-Schreiber: December 18th. Mr. Maxwell: December 18th. Ms. Cuervo-Schreiber: December 18th. Chairman Winton: December 18th. OK. Motion. Did we already have one? City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: Motion and second. Commissioner Gonzalez: Move PZ-22. Chairman Winton: We have a motion and second. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. PZ.23 03-0074 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED ALCOHOLIC BEVERAGES, BY AMENDING SECTION 11 IN ORDER TO MODIFY PROVISIONS RELATED TO NOTICE WITHIN ENTERTAINMENT DISTRICTS. 03-0074 SR Fact Sheet.PDF 03-0074 SR Legislation.PDF REQUEST: To Amend Chapter 4 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions related to notice within entertainment districts. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez Chairman Winton: PZ-22's been continued. PZ-23. Lourdes Slazyk (Assistant Director, Planning & Zoning): All right. This is the last one. This is amendment to Chapter IV of the City Code. If you recall when we instituted the Class II Special Permits for the clubs in the Entertainment District, we said that notice would be as per special exception. We meant mailed notice as per special exception. But because it said "as per special exception, " we're required to do the ad in the paper, the posting on the property, and that wasn't what we intended. This is to clean it up to just be the 500-foot mail notice. Chairman Winton: PZ-23 is also a public hearing. Anyone from the public would like to comment on PZ-23? If not, we'll close the public hearing. Need a motion. Commissioner Regalado: I move -- City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Chairman Winton: Motion and a second. -- Commissioner Regalado: -- PZ-23. Commissioner Gonzalez: Second PZ-23. Chairman Winton: Second. Discussion? Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 4/0. PZ.24 03-0115 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT FEES, IN GENERAL," TO CLARIFY PROVISIONS REGARDING THE GRANTING OF IMPACT FEE EXEMPTIONS; MORE PARTICULARLY BY AMENDING SECTIONS 13-2 AND 13-6 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0115-Backup.pdf 03-0115-Legislation.pdf REQUEST: To Amend Chapter 13 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions regarding the granting of some impact fee exemptions. WITHDRAWN A motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, unanimously passed with Commissioner Sanchez absent, to withdraw item PZ.24. Chairman Winton: Now, we haven't voted on the -- we didn't vote on the continuance of PZ-10 yet, did we? Lourdes Slazyk (Assistant Director, Planning & Zoning): No. Commissioner Gonzalez: No, we did not. Chairman Winton: Madam Clerk, we just -- oh, we did? But this vote was on -- City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Vice Chairman Teele: This vote was on -- Chairman Winton: -- directing staff. Vice Chairman Teele: -- the instructions. (COMMENTS OFF THE RECORD) Chairman Winton: No. Joel Maxwell (Deputy City Attorney): No, no. PZ-10 was continued to November the 13th, was it? Chairman Winton: And we voted on that? Mr. Maxwell: I didn't hear a vote on that. Did you -- Vice Chairman Teele: No, I didn't. Chairman Winton: Neither did I. Priscilla A. Thompson (City Clerk): I have a vote record -- we have votes recorded. Mr. Maxwell: OK. Chairman Winton: Well, fine. Commissioner Gonzalez: But this vote is -- Chairman Winton: But this vote has nothing -- this vote was about a direction that we gave the Manager's Office. Ms. Thompson: Correct. Chairman Winton: OK. Ms. Slazyk: OK. Chairman Winton: And we voted "yes" on that one. So, any other continuances? Ms. Slazyk: Yes. For the record, PZ-24 is being withdrawn. And PZ-22, we are going to request a continuance, and Ms. Schreiber's going to speak to that. Commissioner Gonzalez: Move to withdraw on PZ-24. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. S.1 03-0152 ORDINANCE Emergency Ordinance City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, ARTICLE IX/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCIAL INTEGRITY PRINCIPLES" TO REVISE THE DUE DATE FOR THE MULTI- YEAR CAPITAL IMPROVEMENTS PLAN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0152- cover memo.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12427 Note for the Record: A motion was made by Commissioner Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Sanchez absent, that this matter be adopted as an emergency measure, WITH MODIFICATIONS, waiving the requirement for two seperate readings. PASSED by the following vote: Ayes: Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton. Absent: Commissioner Sanzhez Chairman Winton: PZ-24 was withdrawn, so we're done with PZ (Planning & Zoning). I think we have a supplemental agenda. We have two supplemental. Yes, ma'am. OK. Who's on supplemental? Yes, sir. Larry Spring: Larry Spring, Chief of Strategic Planning, Budget and Performance. The adminisfration is recommending a 30-day extension of the multi year capital plan for this one year. As outlined in the Manager's memo, this extension will allow the adminisfration the opportunity to more thoroughly examine -- excuse me -- and identify opportunities where the City can better coordinate its capital resources with County, State and federal funding sources. Additionally, the extension would allow us the opportunity to better brief the elected officials and get -- solicit more feedback. Chairman Winton: Need a motion. Vice Chairman Teele: I move approval. Chairman Winton: Need a second. Commissioner -- Commissioner Regalado: Second. Chairman Winton: OK. Motion, second. Vice Chairman Teele: Discussion. Chairman Winton: Discussion. Yes, sir. Maria J. Chiaro (Assistant City Attorney): Mr. Chairman, in order to make that change, your financial integrity ordinance requires that it be submitted by a certain date. You need to amend that ordinance to allow for submission by November 30th. Vice Chairman Teele: What's that date? City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 Mr. Spring: Currently, it's October 31st. Ms. Chiaro: October the 31st. Vice Chairman Teele: You have an ordinance for us now? Mr. Spring: Yes. Ms. Chiaro: Yes. The ordinance is in your supplemental agenda packet. Vice Chairman Teele: So, in effect, I'm moving the ordinance -- the adoption of the emergency ordinance. We got four people up here? Chairman Winton: Commissioner Regalado, we need you. Yes, we do. Commissioner Regalado: Yeah. Chairman Winton: OK. Great. Vice Chairman Teele: I would move the adoption of the ordinance. Chairman Winton: Motion -- Commissioner Gonzalez: Second. Chairman Winton: -- second. Discussion? Being -- oh, read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Winton: Roll call. At this time, there were roll calls; the results of which are stated above. Priscilla A. Thompson (City Clerk): The ordinance has been adopted as an emergency measure, 4/0. Chairman Winton: OK. Vice Chairman Teele: On discussion on that, would you all make sure that you all work, consistent with the discussion this morning, with Off -Street Parking as well, and see if we can also incorporate Off -Street Parking in the coordination loop, as it relates to the capital program? Chairman Winton: Yeah. Great idea. Mr. Spring: Yes, sir. Chairman Winton: OK. S.2 03-0093 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (" City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH 1001 NORTHWEST 7TH STREET PROPERTIES, INC., WHICH AUTHORIZES THE DEPARTMENT OF FIRE -RESCUE'S USE OF THE PARKING LOT LOCATED AT 1001 NORTHWEST 7TH STREET, MIAMI, FLORIDA, DURING THE NEGOTIATIONS OF THE FREE TRADE AREA OF THE AMERICAS TO BE HELD IN DOWNTOWN MIAMI, NOVEMBER 16 - 22, 2003, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 03-0093- cover memo.pdf 03-0093- exhibit.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez R-03-1112 Chairman Winton: Supplemental 2. This is for a lot for Fire -Rescue during FTAA (Free Trade Association of the Americas). Staff hello? Commissioner Gonzalez: Move S.2. Chairman Winton: Well, you'd think they'd be out here since they ought to be watching the agenda. We have a motion on supplemental 2. Vice Chairman Teele: Second. Chairman Winton: Second. Discussion. Vice Chairman Teele: Could we get a brief explanation from the Fire? Just brief. Chairman Winton: Could y'all -- and for those of you who are listening to this in the back, when we're running through the agenda, I would appreciate it if everybody watches where the agenda is and they're out here when we're ready to go, so we're not waiting on staff to get out here, because we're always -- as you now know, we're in a hurry. We're moving. Maurice Kemp: Maurice Kemp, Deputy Fire Chief. We're going to have a lot of overtime employees for the FTAA, and this is where they'll park. We stage at our fire garage over there, and they'll park across the street -- their personal vehicles -- so that they can work overtime for the FTAA. Chairman Winton: Where's that again? Mr. Kemp: It's on 7th Street and IOth Avenue. Chairman Winton: Any other discussion? Being none, all in favor "aye." Hello. "Aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes October 23, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WASADJOURNED AT 5:44 P.M. City ofMiami Page 156 Printed on 12/16/2004