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HomeMy WebLinkAboutCC 2003-11-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Tuesday, November 25, 2003 9:00 AM PLANNING & ZONING (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 November 25, 2003 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES TIME CERTAIN 10:00 A.M. - PA.1 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS TIME CERTAIN 3:00 P.M. - PH.3 SR - SECOND READING ORDINANCES TIME CERTAIN 5:30 P.M. - SR.3 FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS MEETING CALLED TO ORDER On the 25th day of November 2003, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular City ofMiami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 session. The meeting was called to order by Chairman Johnny Winton at 9:20 a.m., recessed at 11:48 a.m., reconvened at 3:05 p.m. and adjourned at 8:26p.m. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Regalado, Vice Chairman Teele and Chairperson Winton Absent: Commissioner Sanchez ALSO PRESENT: Joe Arriola, ChiefAdminisfrator/City Manager(*) Alejandro Vilarello, City Attorney Sylvia Scheider, Assistant City Clerk (*The City Manager came in at 11:14 a.m) ABSENT: Priscilla A. Thompson, City Clerk PRESENTATIONS AND PROCLAMATIONS DELIVERED Proclamations presented to distinguished citizensAugie Diaz and Magnus Lijedahl, world champion sailors. MAYORAL VETOES No Mayoral Vetoes APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planninq and Zoning Meeting of October 23, 2003 A motion was made by Vice Chairman Teele, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, that the minutes of the Planning and Zoning Meeting of October 23, 2003 be approved. Chairman Winton: Let's see. Could we call the Commission meeting of November 25, 2003, to order please? And I would like for Commissioner Regalado to lead us in the invocation, and Commission Gonzalez in the pledge. Chairman Winton: We have a couple of proclamations this morning. Let the record show that there are no Mayoral vetoes, and I need a motion for approving the Planning and Zoning meeting minutes of October 23rd. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye." The Commissioner (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. CONSENT AGENDA City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Where's the stuff on Commissioner Sanchez -- Commissioner Sanchez will not be with us today. This is the day that he had scheduled to deliver turkeys to constituents throughout his district, and he has asked that we defer SR.1 -- What's this one? These two are both off? OK. So, he wants to defer SR.1, PZ-28 and 29 -- oh, PZ-8, sorry, and 9 and CA-2. Mr. Vilarello: Mr. Chairman, the items that you deferred on Commissioner Sanchez' behalf those are all deferred to the first meeting in December? Chairman Winton: I'm assuming so. He didn't leave those instructions. But I'm going to assume for now that that is going to be -- Mr. Vilarello: But absent instruction by the Commission, otherwise, those are deferred to the first meeting in December? Chairman Winton: Which is meeting December 11 th, right? Is that December 11 ? Mr. Vilarello: December 11. Chairman Winton: Yes. His memo does say December 11. So I need a motion to defer SR-1, PZ-8 and 9 to December 11 th. Commissioner Gonzalez: Move it. Commissioner Regalado: Move. Chairman Winton: And second? Commissioner Regalado: Second. Chairman Winton: Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. CA.1 03-0209 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF PBS&J, SELECTED FROM THE LIST OF PRE - APPROVED GENERAL ENGINEERING SERVICES FIRMS APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, FOR DESIGN OF THE DRAINAGE SYSTEM MODIFICATIONS FOR THE PROJECT ENTITLED "AVALON STORM SEWER PROJECT, PHASE II, B-5685B" IN DISTRICTS 2 AND 4, IN AN AMOUNT NOT TO EXCEED $ 184,900, BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR THE PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH PBSJ EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 FORM, FOR SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $184,900, FOR SAID SERVICES, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 352208. 03-0209 - cover memo.pdf 03-0209 - budgetary impact analysis.pdf 03-0209 - professional service agreement.pdf 03-0209 - previous legislation.pdf 03-0209 - previous attachment.pdf 03-0209 - exhibits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1186 CA.2 03-0210 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO INITIATE ANY AND ALL ACTION, IN LAW OR IN EQUITY, RELATED TO NON-COMPLIANCE WITH THE TERMS OF AGREEMENTS BETWEEN BAYFRONT PARK MANAGEMENT TRUST AND ENTITIES USING BAYFRONT AND BICENTENNIAL PARKS. 03-0210 - cover memo.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, that item CA-2 be DEFERRED to the Commission Meeting currently scheduled for December 11, 2003. Note for the Record: The December 11, 2003 Commission Meeting was later rescheduled to December 18, 2003 per Resolution 03-1182. CA.3 03-0211 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $500,000, FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS, HISTORIC PRESERVATION INITIATIVE, PROJECT NO. 327001, TO COVER THE COSTS OF ADDITIONAL WORK REQUIRED TO COMPLETE THE RESTORATION AND REHABILITATION OF THE GUSMAN CENTER FOR THE PERFORMING ARTS TO BE COMPLETED BY THE DEPARTMENT OF OFF-STREET PARKING; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 03-0211 - cover memo.pdf 03-0211 - budgetary impact analysis.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1187 CA.4 03-0213 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF MARLIN ENGINEERING, INC., SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING FIRMS APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 12, 2002, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PROJECT ENTITLED "SW 69 AVENUE ROAD RECONSTRUCTION PROJECT, B-4697" IN DISTRICT 4, IN AN AMOUNT NOT TO EXCEED $97,409, BASED ON (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR THE PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH MARLIN ENGINEERING INC. EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $97,409, FOR SAID SERVICES, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 341183, ENTITLED "CITYWIDE STREET IMPROVEMENTS." 03-0213 - cover memo.pdf 03-0213 - budgetary impact analysis.pdf 03-0213 - professional service agreement.pdf 03-0213 - previous legislation.pdf 03-0213 - previous attachment.pdf 03-0213 - exhibits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1188 CA.5 03-0214 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF GREATER MIAMI CATERERS TO PROVIDE ALL REQUIRED MEALS (BREAKFASTS, LUNCHES, AND AFTERNOON SNACKS) TO PARTICIPANTS IN THE CITY OF MIAMI'S ("CITY") DAYCARE AND PRE- SCHOOL PROGRAMS, FOR THE DEPARTMENT OF PARKS AND RECREATION, ON A CONTRACT BASIS, FOR A ONE-YEAR PERIOD, City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $121,940, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $365,820, ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT CODE NO. 119002.580801 .6.996. 03-0214 - cover memo.pdf 03-0214 - budgetary impact analysis.pdf 03-0214 - award recommendation form.pdf 03-0214 - tabulation of bids.pdf 03-0214 - bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1189 CA.6 03-0215 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF AMSINO ADMINISTRATIVE SETS TO ADMINISTER MEDICATIONS FOR MEDICAL AND TRAUMA RELATED ILLNESSES OR INJURIES, FROM SUNBELT MEDICAL SUPPLY, INC. D/B/A SUNBELT MEDICAL/EMERGI SOURCE FOR THE DEPARTMENT OF FIRE - RESCUE, ON AN AS -NEEDED BASIS, UTILIZING MIAMI-DADE COUNTY BID/CONTRACT NO. 6262-2/06-OTR-SW, EFFECTIVE THROUGH AUGUST 31, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, WITH AN OPTION TO RENEW FOR ONE TWO-YEAR PERIOD, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $48,605, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $145,815, ALLOCATING FUNDS FROM THE BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280601. 6.14, SUBJECT TO BUDGETARY APPROVAL. 03-0215 - cover memo.pdf 03-0215 - budgetary impact analysis.pdf 03-0215 - letter.pdf 03-0215 -email.pdf 03-0215 - contract award sheet.pdf 03-0215 - award under Miami Dade County.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1190 CA.7 03-0216 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF PBS&J, SELECTED FROM THE LIST OF PRE - APPROVED GENERAL ENGINEERING SERVICES FIRMS APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, FOR DESIGN OF THE DRAINAGE SYSTEM MODIFICATIONS FOR THE PROJECT ENTITLED "PINEHURST STORM SEWER RETROFITTING, B-5683" IN DISTRICT 1, IN AN AMOUNT NOT TO EXCEED $144,960, BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR THE PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH PBS&J EXECUTED PURSUANT TO RESOLUTION NO. 02-144; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $144,960, FOR SAID SERVICES, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 352191; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0216 - cover memo.pdf 03-0216 - budgetary impact analysis.pdf 03-0216 - professional service agreement.pdf 03-0216 - previous legislation.pdf 03-0216 - previous attachment.pdf 03-0216 - exhibits This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1191 CA.8 03-0217 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF METRIC ENGINEERING INC., SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING FIRMS APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, PERMITTING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PROJECT ENTITLED "N.E. 71 ST STREET STORM SEWER PROJECT, B-5690," IN DISTRICT 2, IN AN AMOUNT NOT TO EXCEED $75,000, BASED ON (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR THE PROJECT, AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH METRIC ENGINEERING, INC., EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO City ofAliami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $75,000, FOR SAID SERVICES, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 352216, ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECTS FY 02-06." 03-0217 - cover memo.pdf 03-0217 - budgetary impact analysis.pdf 03-0217 - professional service agreement.pdf 03-0217 - corporate reso.pdf 03-0217 - exhibit 1- letter.pdf 03-0217 - exhibit 2- proposal.pdf 03-0217 - exhibit 3- charts.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1192 CA.9 03-0218 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 7TH STREET FROM NORTHWEST 42ND TO 47TH AVENUES, MIAMI, FLORIDA, AS "MANUEL ANTONIO DE VARONA WAY' FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 03-0218 - cover memo.pdf 03-0218 - budgetary impact analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1193 CA.10 03-0219 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 22ND AVENUE FROM NORTHWEST 30TH TO 36TH STREETS, MIAMI, FLORIDA, AS "FERNANDO CASANOVA WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 03-0219 - cover memo.pdf 03-0219 - budgetary impact analysis.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1194 CA.11 03-0220 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 14TH STREET FROM NORTHWEST 22ND TO 27TH AVENUES, MIAMI, FLORIDA, AS "MIAMI POLICE MEMORIAL WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 03-0220 - cover memo.pdf 03-0220 - budgetary impact analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1195 CA.12 03-0230 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MORLIC ENGINEERING CORP., TO EXTEND THE TERM OF THE CONTRACT FOR THIRTY (30) ADDITIONAL CALENDAR DAYS, AWARDED BY RESOLUTION NO. 03-860, ADOPTED JULY 24, 2003; AND TO INCREASE THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $300,000, FROM $999,699 TO $1,293,699, TO COVER COSTS OF ADDITIONAL WORK, TESTS AND MATERIALS REQUIRED TO COMPLETE THE PROJECT ENTITLED, "ROAD REHABILITATION PROJECT, B-4652;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313855, ENTITLED "OCTOBER 2000 FLOOD RECOVERY," FOR SAID INCREASE. 03-0230 - cover memo.pdf 03-0230 - budgetary impact analysis.pdf 03-0230 - previous legislation.pdf 03-0230 - exhibit 1- 1st amendment to contract.pdf 03-0230 - exhibit 2- contract.pdf 03-0230 - exhibit 3 - corporate reso.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1196 City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 CA.13 03-0238 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") IN SUBSTANTIALLY THE ATTACHED FORM, WITH ACAI ASSOCIATES, INC., THE TOP —RANKED FIRM PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 02-03-255, RELATING TO CITY COMPLIANCE WITH TITLE II OF THE AMERICANS WITH DISABILITIES ACT ("ADA"), GENERALLY, TO CONDUCT A SURVEY AND PREPARE A PROTOCOL TRANSITION PLAN ("PLAN") FOR CITY FACILITIES; FURTHER AUTHORIZING THE CITY MANAGER TO SUBSEQUENTLY NEGOTIATE WITH SECOND— AND THIRD —RANKED FIRMS, RODRIGUEZ ARCHITECTS AND ADAAG CONSULTING SERVICES, LLC ("ACS"), IN RANK ORDER, IF AN AGREEMENT CANNOT BE REACHED WITH THE HIGHER —RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN AN AMOUNT NOT TO EXCEED $200,000, FOR AN IMMEDIATE SURVEY AND TRANSITION PLAN FOR CITY OF MIAMI PARKS, WITH FUNDS ALLOCATED FROM CAPITAL IMPROVEMENT PROJECT NO. 331419; AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT FOR THE BALANCE OF PROFESSIONAL SERVICES TO THE CITY COMMISSION FOR ITS CONSIDERATION. 03-0238 - cover memo.pdf 03-0238 - budgetary impact analysis.pdf 03-0238 -exhibit- psa.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1197 Note for the Record: Commissioner Gonzalez directed the City Manager to make sure items are finalized prior to the agenda and backup being disfributed; further stating that the substitution for item CA-13 was the last time he would accept a last minute change to an item. Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, 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, Teele and Winton Absent: 1 - Commissioner Sanchez Chairman Winton: And we have -- so we need a motion on the remaining Consent Agenda items Commissioner Gonzalez: I move the Consent Agenda. Alejandro Vilarello (City Attorney): I'm sorry. Mr. Chairman. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Yes. Mr. Vilarello: We have one request, to remove Item CA-14 from the agenda and to place it on the regular agenda for consideration later in the day. Chairman Winton: So we're moving it to later in the day? Mr. Vilarello: Yes, sir. Chairman Winton: OK So we need a motion on CA-1 through -- CA-1, with the exception of 2, through 13. Commissioner Gonzalez: Move the Consent Agenda, as amended. Mr. Vilarello: And there is a substitute item on CA-13, which is being distributed by -- at this point. Chairman Winton: Well, let's not get in too big a hurry on getting this CA (Consent Agenda) stuff organized. Commissioner Gonzalez: Why don't we do this? Chairman Winton: You know what mean? Commissioner Gonzalez: Well, you know -- Chairman Winton: Do we have anything else? Commissioner Gonzalez: Once again, Mr. Chairman, again, I have a problem. Now, they're giving us a substitute legislation for CA-13. We haven't had a chance to read this. You know, just -- they just handed it to us right now, and they expect me to vote on it, and I have a problem with it. You -- you know, the administration has to get used to provide the Commissioners, at least this Commissioner, with the proper documentation before the Commission meeting. It is all right if you want to bring a pocket item. You know, a pocket item is a pocket item, but legislation, you know, bring it -- give it to us at 9:10 in the morning and expect us to vote on it. At least, I'm not ready to vote on it. Jorge Cano: Commissioner, ifI may. Jorge Cano, Director of Capital Improvements. Nothing really changed in the legislation, except the dollar amount. Originally, the amount was scoped for doing the ADA (Americans with Disabilities Act) Transition Survey at only the 33 largest parks with the improved facilities, and we expanded the scope to include all of the parks. So, what we're doing is changing the amount from eighty thousand to -- not to exceed two hundred thousand. Commissioner Gonzalez: OK, Jorge. But how long have you known this? You just discovered this this morning? Mr. Cano: No, sir. Commissioner Gonzalez: You knew that yesterday, right? Mr. Cano: Yes, sir. Commissioner Gonzalez: You knew that the day before yesterday, right? City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Mr. Cano: Yes, sir. Commissioner Gonzalez: Why wasn't this sent to my office the day before yesterday, or yesterday or last Friday? Why does it have to be handed to me at this time on the Commission day? Let me tell you, for the importance of the projects, I'm going to accept it this time, not anymore. I'm telling you right now, not anymore. I don't care what your excuses are going to be in the future. This is the last time that I accept something like this. Mr. Cano: OK Thank you. Chairman Winton: OK So, we -- do we have a motion on -- Commissioner Gonzalez: Yes, sir. I made the motion. Commissioner Regalado: Yes, we do. Chairman Winton: You made that motion, right? Commissioner Gonzalez: Yes. Commissioner Regalado: And I second. Chairman Winton: OK We got a motion and a second on the amended CA agenda. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. END OF CONSENT AGENDA CA.14 03-0254 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, TO THE TRI-PARTY AGREEMENT DATED JULY 19, 1988, AS AMENDED, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI AND BAYSIDE CENTER LIMITED PARTNERSHIP, RELEASING THE COUNTY'S OBLIGATION TO CONTRIBUTE $1,500,000 IN FUNDING OF IMPROVEMENTS FOR THE PEDESTRIAN BRIDGE ON PARCEL B, CONTINGENT UPON COOPERATING ON THE JOINT PLANNING OF THE CITY AND COUNTY DEVELOPMENT OF THE PROPERTY. 03-0254 -back up.pdf 03-0254-memo 03-0254-exhibit Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1204 City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Direction to the City Manager: by Vice Chairman Teele to convey all outstanding negotiations to the County Manager. Chairman Winton: And I guess -- Do we have any items other than -- Commissioner Regalado: I have a pocket item. Chairman Winton: OK. Let's do it, then. Vice Chairman Teele: There was a consent agenda item relating to a tri-party agreement. Is that what you're talking about? Alejandro Vilarello (City Attorney): That's one of them that we're -- Unidentified Speaker: CA-14, sir. Chairman Winton: CA-14? Mr. Vilarello: Has it been distributed? Chairman Winton: OK. We can take up CA-14. Otto Boudet-Murias: Good afternoon, Commissioners. Otto Boudet-Murias, Senior Advisor to Mayor Diaz. This item relates to the tri-party agreement between the City ofMiami, Rouse and Miami -Dade County. This obligated the County to build a pedestrian bridge between Bayside Marketplace and the Triple -A Arena. After much deliberation, the City and -- the City Manager has been working closely with the County Manager on this item. It was -- came to the conclusion that the pedestrian bridge was going to be underutilized. In the end, it was going to be an expense to the Heat that was not going to generate much benefit. And therefore, we'd rather see the funds that the County was going to place toward the pedestrian bridge toward the bay walk. It's one point five million dollars that would be invested into Parcel B. Chairman Winton: Oh, I wanted to -- Commissioner Gonzalez: We had (UNINTELLIGIBLE) inside the City Hall. Chairman Winton: Whoever's cell phone that was. OK, I'm sorry. Commissioner Gonzalez: Oh, I'm sorry. It was me. Mr. Boudet-Murias: The one point five million dollars that the County was going to invest toward the pedestrian bridge would be invested toward a bay walk on Parcel B, which is the County property that the City sold the County as part of the agreement on the Triple -A Arena. And the County has also agreed to release the two point two million dollars that were being held for the environmental remediation, and they've agreed to release that as part of this. Chairman Winton: So what are we -- you have a resolution that -- Mr. Boudet-Murias: It's a resolution requesting the -- authorizing the Manager to execute the Amendment Number 2 to the fri-party agreement. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Mr. Attorney, are any of the previously agreed to issues modified or changed, other than what has been represented? Alejandro Vilarello (City Attorney): No. Those are the only issues that have been modified. The pedestrian bridge -- Boudet-Murias: The pedestrian bridge. Mr. Vilarello: -- the Heat's obligation -- Chairman Winton: Under Parcel B. Mr. Vilarello: -- and the return of the dollars that were set aside in escrow for remediation. Vice Chairman Teele: Well, let me just say this, Mr. Manager: Please convey outstanding negotiations again for the County Manager. I mean, what are we getting? If got this straight, they're obliged to put up one point five million dollars for a bridge for transit and pedestrian mobility between Bayside and Parcel B, County money. They've agreed not to put up the one point five, but to put it into a seawall, a property that they own, for their use, which they would have to do anyway. So -- And then they've agreed to return the two million dollars of our money, which we should have sued them for two years ago, that they should have paid us, by all admission, at least two or three years ago. So what are we getting out of this? Joe Arriola (City Manager): Exactly what you have in front of you, sir. Vice Chairman Teele: Under Parcel B, under Parcel B, the discussion has always been this agreement that it would be public land or recreational space. Is that in any way modified? Mr. Boudet-Murias: The County has in their agreement with the American -- with the Heat, the Heat and Basketball Properties, they are amending those agreements separately. We're not a party in those agreements. In those agreements, the amendments to those agreements, Basketball Properties is relinquishing their development rights on Parcel B. We do have deed resfrictions on that property limiting the development to 70,000 square feet of retail and certain ancillary development; but the Heat is relinquishing their development rights, and the County has agreed to work with the City on a redevelopment plan for Parcel B. Vice Chairman Teele: Where is that? Mr. Boudet-Murias: That's not part of this agreement. We do retain the deed resfrictions on Parcel B, however. Chairman Winton: Maybe that's a good point. Maybe that very comment that they've made, that they will work with the City, hand in hand with the City on a redevelopment plan for Parcel B, which much more closely fits what the public was promised -- what was that? -- five years ago, or six years ago or whatever. Add that clause in this agreement. Vice Chairman Teele: Well, I mean, I just think that we have to be very careful. We have this issue of the Sierra Club, and all of the people that have been our partners in the charette processes. And I know that the real issue of our own credibility is what comes up if we're not careful. I have no objection to the agreement, per se. Again, it doesn't in any way penalize the City or impair the City. It just seems to be 100 percent in favor of the County. I mean, I've just been at a loss as to understand why the County would hold the money that was in retainage that was based upon the environmental for the American Airlines Arena site, if there was some environmental contaminants. By now, I'm certain they would have come up through the floor by now; but, I mean, you know, just holding onto the money and then negotiating something and City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 getting nothing for us in return is just, again, the way the County operates, and they won't release our money until we give them something that, candidly, they are not entitled to, but it just makes good business sense. I don't have an objection to what it is, but -- Chairman Winton: Actually, I think we are going to get something. I think the something we are going to get -- Vice Chairman Teele: It's not in this agreement. Chairman Winton: No, but it's a good point that just made there, but that isn't in this agreement. It's just stated by them and that is that we are going to plan together what's going to happen with Parcel B; and that gives us a strong voice that we lost a long time ago in terms of what Parcel B ends up looking like, and how it links up both with American Airlines Arena and Museum Park; so I think that maybe your point's a good one, that we just add that into this fri-party agreement, so that there isn't any -- If there's no George Burgess tomorrow, the new guy coming in doesn't have amnesia all of a sudden, so I would make that modification. Vice Chairman Teele: Well, again, I mean, I would ask the Manager if that's a modification that he can support. Mr. Arriola: Of course. I was just waiting for you to ask me. As you know, this is a -- this is just one item. We have agreed on a zillion other items that we're going to bring in front of the Commission, so, unfortunately, because of the issue with Parcel B and the Heat, this is the first piece I'm bringing, but, you know, when you're saying we're not getting any money, they've agreed to drop the other two million dollar lawsuit on us on the communication side. I mean, we've agreed to 18 other items that we're going to bring in front of the Commission very shortly. This just happens to be one of the pieces -- and, you know, I've made Commissioner Winton -- Chairman Winton: But do you agree with the modification of this agreement that we've just put in writing, in this clause that -- Arriola: Yes, that'd be great. Chairman Winton: -- so that -- Mr. Arriola: Absolutely. I don't have a problem. Chairman Winton: -- so that there's no amnesia later? Mr. Arriola: Absolutely, that's not a problem. Chairman Winton: You know what mean. Vice Chairman Teele: Well, I would again move the item, ifI haven't, for acceptance, with the modification that there be language on the joint planning for Parcel B as a part of the agreement Chairman Winton: Need a second. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Do we have further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PERSONAL APPEARANCE 10:00 A.M. PA.1 03-0221 DISCUSSION ITEM MR. HERSCHEL HAYNES, CHAIRMAN OF THE HADLEY PARK/MODEL CITY HOMEOWNERS ASSOCIATION TO ADDRESS THE COMMISSION CONCERNING THE HADLEY PARK OPERATIONS, ETC. 03-0221 - letter 03-0221-submittals - 2.pdf DISCUSSED A motion was made by Vice Chairman Teele, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, directing the City Manager to look into the concerns expressed at today's meeting by the Hadley Park/Model City Homeowner's Association in connection with the management and operation of Hadley Park and to come back with a recommendation on remedial and corrective action at the Commission meeting currently scheduled for January 22, 2004. A motion was made by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Sanchez absent, that the City Attorney, City Manager, Auditor General and appropriate staff be directed to review the managment agreement with Ms. Nichols for operation of the Black Box Theater at Hadley Park for compliance and how the agreement can be made more responsive to the public. Vice Chairman Teele directed the Manager to create a committee to review complaints received today concerning the operation of Hadley Park; further requesting Mr. Herschel Haynes of the Hadley Park/Model City Homeowner's Association to submit to the Manager, the City Clerk, and the Commission the names and addresses of five individuals to form part of said committe; and further directing the Manager to come back with a report on this matter at the Commission Meeting currently scheduled for January 22, 2004. Vice Chairman Teele directed the Administration to begin plans for the culture component of the proposed Little Haiti Park. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: There are a number of people here from Hadley Park, and I know the Parks Director is aware of this. Mr. Director -- Parks Director. Commissioner Regalado: 10 a.m. time certain. Vice Chairman Teele: It's at 10 a.m., OK. But I would like to make sure that we take that up at 10 a.m. this morning, so that everybody that's here will have a say. Chairman Winton: If all of the people that they are bringing are here, I'd be happy to take this - Vice Chairman Teele: Well, we advertised it for 10 a.m. Did we advertise it at 10? We advertised it for 10 a.m., so -- City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: OK, fine. Vice Chairman Teele: Mr. Chairman, the time is 10 o'clock. Could we hear from Mr. Haynes and the folks from Hadley Park, please? Chairman Winton: Absolutely. Herschel. Herschel Haynes: Good morning. Chairman Winton: Good morning. Mr. Haynes: My name is Herschel Haynes, and I'm Chairman of Hadley Park/Model City Homeowners' Association, and we're here this morning because we received numerous complaints in regards to activities within the Carrie P. Meek Senior Citizens Community Center, 1350 Northwest 50 Street. And we had sought to gain some resolution to some of these problems by appealing to the City Manager, and I've asked that each and every one of you be passed the information to which we will be referring, and as you can see, that while the City Manager was willing to meet with us, he was not -- he was very adamant, not willing to rescind the action taken against the employee, which a lot of people favored to be at the Hadley Park facility; and so, then, it necessitated us having to come to you, the Commission. And also, then we also appealed to the -- at -- to have a forum -- an audience -- a conference with the Mayor, and as you can see, we -- it's an addendum there, whereas, we e-mailed him in terms of what we thought would be an ideal way to resolve this problem. We didn't get any results there either so, then, of course, then it really necessitated us having to come to you, the Commission. Now, we have some citizens that's going to be speaking on behalf of some other citizens. I understand that they're on their way here, but they're not here, and these are just some of the citizens, as I'm sure you'll know, that could or could not be here, and these people will be here to represent them, so, at this time, I'd like to call Ms. -- the first one would be to speak is going to be Ms. Barbara -- I'm sorry. Ms. Barbara Lindsey. And then I'll come back. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Why don't we line up --About how many people are going to be speaking? Mr. Haynes: Well, it's just basically three. Vice Chairman Teele: All right. As many people as want to. But why don't we do this. Why don't we set the situation -- because I think a lot of my colleagues may not know. The Parks Director should be, I guess, asked, with your permission, to come forward and to set on the record exactly -- because we have a problem, Herschel, as I've shared with any number of people who have called and talked to me, and with various members of the staff. The Mayor, nor any Commissioner, may not get involved in hiring, firing, transferring of any individual by law, and I've said that and I want to say that again. Any time a Commissioner calls a Department Director, or the Police Chief or anybody and says, I want this person promoted, demoted, removed, transferred, they basically have put their job on the line, because the forfeiture of office is one of the penalties that you can do. And I don't think a lot of people understand that, and I want to put that on the record. Because I have said repeatedly to both the Manager and the Parks Director, I am concerned about the concerns that are going on in Hadley Park. But I want you to know that I am not going to interfere with and violate the Charter. So, Mr. Parks Director, I want you to come up and at least acknowledge, first of all, that I've raised the issue about what's going on, butt have not instructed you to bring anybody back, or to transfer City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 anybody, or to do anything like that because that's not something I would ever do. Santiago Corrado: Absolutely. Good morning, Commissioners, ladies and gentlemen, Santiago Corrado, Director of Parks and Recreation. We -- absolutely correct, Commissioner, you have not. You have voiced your concerns -- Vice Chairman Teele: I didn't know that the guy had been moved until after it had been done, by the way, just for the record, just so that everybody knows that. Mr. Corrado: Absolutely. Mr. Haynes: OK I'm not accusing -- Vice Chairman Teele: No. I just wanted to put it on the record, because a lot of times things get sort of blown and then I want to make sure that everybody -- I'm not talking to you, Herschel. I'm talking to the public that's watching television -- Mr. Haynes: OK. Vice Chairman Teele: -- and the public as it relates to all of my colleagues, because there are certain things that Commissioners cannot do. Somebody called me the other day about a problem in the County. I was so happy because I can call and check and work on a problem in the County as a City Commissioner because I'm a mere citizen, but as it relates to the City, I can't do that. Mr. Haynes: IfI may, we're not here in the accusatory posture, at all. We're here because these are citizens of the Model City area, and mainly, more specifically, the Hadley Park area, and then they have a right to be heard as afforded them under the Constitution, and that's all it is. We just want them to be heard so that, hopefully, the City Manager and the City Commission, as well, can have some clarity on what's going on in that particular facility, as well as the surrounding area, and you can't do that without having -- listening to these citizens. Chairman Winton: So, Herschel, why don't you bring your people up and we'll -- so we can hear all of the issues. Mr. Haynes: I would appreciate that very much. Chairman Winton: Thank you. Barbara Lindsey: My name is Barbara Lindsey -- Chairman Winton: Good morning. Ms. Lindsey: -- and I'm speaking on behalf of -- Commissioner Regalado: Mike. Ms. Lindsey: -- I'm speaking on half of the dancers at the center. OK. I know Ms. Nichols from 1987. She come to Edison Court -- Chairman Winton: Could I ask you a -- who's Ms. Nichols? Ms. Lindsey: The dancing instructor at Hadley Park now. Chairman Winton: OK. City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Lindsey: She has the dancing part. OK She was at Edison Court in 1987, under the leadership ofMs. Hepburn. She come there. She wanted to use our kids in a dancing program, because it was a grant that they was given. So, she did. But after the grant come, we didn't get nothing from her. We didn't get no dance or nothing. 1996, she come back again, up under the leadership ofMs. Brenda Williams, andl was the president (UNINTELLIGIBLE), and she used the kids for the same thing. And we had made the little tutu for the kids to dance. She told me at 4:30 and told me I needed to bus them to Brickell Avenue, where I didn't have no way to get them there because they was supposed to go to the art center up on 62nd and 22nd. So, this is some of the things that is happening at -- I'm a senior. I do aerobic atAllapattah. So, we see the same thing now we -- somebody else seen, when we was Mr. -- Mr. Dean senior from over there in the old building, where we exercise in rain, wind blowing in over us, and this is some of them. It's more than these. These the only ones could come. So, why is it that after we get the park nice and fertile, Mr. Dean have to be the person that be moved? He come up there and do exercise with us, but then he have to go. Why is this? He worked in the old park. The new park is too good for him, because the lies people saying he doing? He's not doing nothing -- the same thing he was doing in the old one, exercising, showing us how to use our limbs, because we are seniors . I am a senior. I am a senior. I am really. 1943. That's my birthday. I'm a senior. And my grand kids, you know, they don't want to even come to park now because Mr. Dean not over there with the football team. What we supposed to do with these kids that he supposed to be accused of doing all these things? I think it's unfair. And I'm speaking to you directly. I mean, why would you change something that working and put something that is not working. That's my -- and that's for y'all cooperation. Chairman Winton: Thank you. Herschel, who else do you have coming up? I ain't arguing with him. Gamalyah Israelion: Good morning. My name is Gamalyah Israelion. I'm one of the representatives of the Black Panther Movement. Chairman Winton: Need your address, too. Mr. Israelion: 720 Northwest 75th Street. Mr. Dean and I go back a good ways. Mr. Dean is a very good man. Back then, when the riots were starting, Mr. Dean is one of the brothers that played a part in keeping the youth down from burning the City, tremendously, and from riot in the City. I was there. Mr. Dean and I go back to a degree where that we love the Lord on one occasion, and that's truth. But have a problem, and I'm frying to understand the fact that you have a memorandum here that says that because of the budgeting, full-time faculties, part-time budgeting, and new faculties constructions and new programming of activities, the reason why you feel that it's a necessity to move Mr. Dean. And the concerned expressed by the community, you shall continue to supervise the classes at Charles Hadley with the senior citizens. Now, if this was true, then, therefore, they would accept the fact that the community did not want him to move. We got 700 names of children that wantMr. Dean to be at Charles Hadley, including myself. So, whoever made this memorandum is not accurate. That's number one. And number two, Mr. Juan Pascual is fully aware of there is a gentleman name Mr. Mahoney over the gymnasium. Now, he has the paperwork that says "All employees, upon arrival to work, must sign in a time sheet on arrival. There would be no exception to person -to -person to signing time sheet in the proper order." Mr. Mahoney have here about 15 sign -in, falsified documents. Mr. Juan, the Chief of Operations, have paid him or used my money, the citizens' tax dollars to give this man a paycheck for falsifying time sheets. There's about 15 pages here. And if you'd like, I'll show them to you. He's still there. But the children, the youth wantMr. Dean, but Mr. Dean has been moved. Now, we know that he might had been demoted, but to move him for a unjust cause is wrong. Now, we believe in peace and we do know that unjusticeness (sic) can't prevail in a society that say, "We, the people, by the people" and not I, the people. Because we, the people, as far as in the community, the taxpayers that provide you all with paychecks, wantMr. City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Dean back at Charles Hadley by any means necessary. So, we wish to come to you peacefully to discuss the reason why Mr. Pascual, the Chief of Operations, would allow this man to receive a paycheck on 16 different time sheet of days he did not appear at the same time, at the same time knows that all monies and collections to faculties for permit program activities and admission must be turned into park management supervisor within five days. I have paperwork here that shows thatMr. Mahoney had received payment for a free facility right here. He charged people -- you can call them up -- to work out at a tax paying free facility, but Mr. Mahoney have never been reprimanded according to your curriculum, and he never been dismissed. He's still there. He have not came out of probation, but he still been there. Mr. Dean been at Charles Hadley for over 21 years, at the same park. The same park. (APPLAUSE) Mr. Israelion: You replaced Mr. Dean with a Park Specialist when Mr. Dean is the number 2 Park Manager. How do you do that? That's like saying, I'm going to hire a police officer who just came out of the academy to replace a chief police. You can do that, not by the requests of other employees because the community wants him. And it doesn't stop there. If you wish to see the time sheets, I'll give it here. And Mr. Juan, like I said again, he signed the paperwork. Chairman Winton: Give them to the City Clerk, so she can distribute them. Mr. Israelion: There go all the time sheets, right there. This right here is the fact thatMr. Mahoney, and the Chief of Director, and the -- I have here recommendations gill/Ir. Dean great performance. Now, you got to understand something. With all due to respect, what Ms. Nichols said, the only person she got to answer to is God and Mr. Teele, that's it. God and Mr. Teele. Now, me, as a taxpayer, as a supporter of the curriculum that Park and Recreations have laid aside, I do believe that we all must be in line with the rules and regulations of park recreation, and any private agenda that is against the curriculum has to be dealt with immediately, and sufficiently, and expeditiously. If not, then we have to resolve several measures. And I'm telling you now, we've come through struggles. We've been incarcerated. We've been fired. The last hired, first fired, and it has been too many Uncle Toms, sell-outs, tokens, house niggers have been put in place to ignore the crying of what the community wants and we've got to put an end to that. So, for us to play favorites and move Mr. Dean, who have not broken any rules, but by his accusers, and his accuser have did nothing but broke the laws. His accusers have did nothing, but did not go by the guide sheet, and only his accuser, who the ink on his probation paper is still wet. It haven't even dried yet. It's still there. He's still there. And here, this man here been broken up and here go recommendation -- Chairman Winton: Excuse me. We need to -- I've heard this. If you've got something new, we want to hear it, but I don't want to -- we don't -- you know, I don't want to hear the same stuff over and over again. Mr. Israelion: OK. All right. Here, here it says, "There will be no unauthorized summer camps held at Charles Hadley Park or inside Carrie Meek Senior Culture Center. All camps must be approved through the director's office, or must be brought to the attention of park manager. At such camp being held without approval by park manager and final approval by director of office, person or persons will be subject to dismissal or termination from employment from the City ofMiami." Mr. Mahoney signed this. And all of the names -- Here, I got about nine different names of kids that he have -- it's called Illegal Summer Camp Program that is outside the curriculum of what he just signed. It's down at the head office. But Mr. Mahoney is still employed, and he's still receiving a paycheck, and our beloved Mr. Dean has been moved because he refused to be bought. He refused to be a sell -out, and refused to rub elbows with unjusticeness (sic). So, all I'm saying -- and I hate to take your time, but it's -- I appreciate you giving me your time, but me, as a taxpayer, I've been robbed, not just me but all the citizens have been robbed because our money is not going where it should go. So, all I'm saying, we would City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 like it ifMr. Dean can come back so our kids can come back to the park, and come back with a condition to where that Ms. Nichols don't fry to run him. Again, I say Ms. Nichols was -- I'm going to make this brief. But Hs. Nichols was moved from the culture center on 62 Street and 22 Avenue, and I have to say it. If you want me to get the curriculum say it by the word of Commissioner Teele. Chairman Winton: Who does Ms. Nichols work for? Is she a City employee? Mr. Corrado: Santiago Corrado, Director of Parks Recreation. Ms. Nichols runs a non-profit organization, Inner City Dance Company, and has an agreement with the City to function her program out of Hadley Park. Chairman Winton: OK. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Just so that it's -- well, I'll wait until -- Mr. Israelion: I appreciate you allowing me, as a taxpayer, a citizen ofAllapattah to speak, and I highly appreciate it that we can address this issue. Thank you very much, gentlemen. Chairman Winton: Thank you. OK Commissioner Teele. (APPLAUSE) Commissioner Gonzalez: Commissioner -- Vice Chairman Teele: Let me hear from her. Chairman Winton: I'm sorry? Oh, we have one more? Mr. Haynes: We have just a couple of more speakers, sir -- Commissioners. But while you are listening to them, if you would, I have some pictures they have given me that they want each and every one of you to see, that you will see that this is much, much larger than a City Manager's problem. This is huge. And I'd like you to look at these pictures, because this is just the tip of the iceberg, OK. Chairman Winton: Give them to the Clerk. Vice Chairman Teele: The Clerk. Chairman Winton: Yes, sir. James Walden: Good morning. Chairman Winton: Good morning. Mr. Walden: How's everybody feeling this morning? Chairman Winton: Pretty good. Mr. Walden: Thank the Lord for another day. My name is James Walden, 13325 Northwest 22 ndAvenue, Vice President of the Tri-community Homeowners' Association. I'm here in behalf of City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Greg Dean, very spontaneous fellow, very admirable; on the board of directors at the Mount Carmel Missionary Baptist Church; Vice Chairman of the Couples' Ministry, and he was with me on the board of directors at Mount Carmel Church, which serve over 2,150 parishioners at that church, and he has -- his name is well established. But my point is to -- this City -- this morning, it should be an honor, and it should be a spectacular that you have a person ofMr. Dean's character that has spilled over into the Dade County community. So, what I'm trying to say, it's an honor, it's a pleasure of having an employee of his status, and very rarely you get an employer that crosses guidelines in this City. And so, what I'm saying to you this morning, it will be an honor and a pleasure for you to address this matter, to concur this matter, to defeat this matter, and bring Mr. Dean back in a community where he's well served, well liked, very disciplined fellow, and on top of that, he's just gracious to be around. And I don't want to take up no more of your time, but to give the precious of the God Almighty deep down into your heart, please, hear from me today. Ifyou would consider what has been done, it will be a pleasure and an honor for the City ofMiami to have a spontaneous person in character ofMr. Greg Dean. Thank you very much. Chairman Winton: Thank you. (APPLAUSE) Chairman Winton: Herschel, anyone else? Mr. Haynes: Really trying to wait for Mr. Hart. He's the president of the -- Chairman Winton: You're trying to what? I'm sorry. What did you say? Mr. Haynes: I was really hoping that -- they're on their way. I was frying to wait, but they're not here, butMr. Hart -- however, this is another person that want to speak. Dorothy Haynes: Yes. Good morning. Vice Chairman Teele: Good morning. Ms. Haynes: My name is Dorothy Haynes, and I am also an ex -City employee, retired. As a matter of fact, I used to work here -- Chairman Winton: Pull it down. Ms. Haynes: -- in this office, City Clerk's Office with Ralph Ongy and Hattie Harai. And, Mr. Teele, I know you also. I'm here on the behalf ofMr. Dean. He's truly a delight, and we're blessed in the black community to have him supervising our children on a daily basis. This man is a man of God. And who else would we want, you know, to guide our children? Because first of all, the first thing that we should teach them is knowledge, and he's knowledgeable in my sight, in God's eyes. He's given the children a sense of responsibility. He's a teacher. And to have him in this capacity around the children, as well as the senior citizens, we're fruly blessed to have him in that capacity, as well. Because a lot of us don't even like to come out and exercise, butMr. Dean, he has a way about him that makes you want to come out. He has all this love that he spreads around in the community. So, to us, he's an asset. And he's well worth coming out for. So, if there's anything that you can do in your powers, please help us keep him. God bless you. (APPLAUSE) Chairman Winton: Herschel. City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Mr. Haynes: Yes, sir. Chairman Winton: You know, I think we've got the message. I don't know how many -- you know, if there's new information, that's one thing, but having everyone saying the same thing is -- Mr. Haynes: Absolutely. It's the -- Chairman Winton: -- doesn't help us. Mr. Haynes: It's what I was charged to do, is that to come before you that they could be heard. However, in addition to what they have said, the agreement, as I'm sure you -- our Commissioner recognize, and if you'll turn to the time when we were before you on July 26th, it's this page. And I want to give a lot of credit for the whole Commission at that time when we were trying to partner up, and we are recognized the need to partner up. However, when we partner up, I think it's very, very important, it's going to be a partnership that's going to be a productive one on behalf of all citizens of a given community. And so then, some of the things that happened since we partnered up with Ms. Nichols, I didn't know about. I don't know if our Commissioner knew about in regards to what happened to her and other situations, like the culture center at Northwest 22ndAvenue and 62nd Street, and in regards to what Hs. Barbara Lindsay was sharing with us. We knew none of that. And so, our interest, as we were in discussion with our Commissioner, were to look at ways and means that we could have, you know, a greater facility and -- Commissioner, you shared with us that those ways in which we could do that. And so, we were just frying to follow your lead. And so then, I want to share that with you because when we were down here before the Commission, you shared with us that this would be a great relationship, and all of these things that could happen as a result of us coming together. And what I'm hearing is that -- and this is one of the reasons it needs to come before the Commission. The programs that were discussed, that would be taking place in the facility are not being taking place. As a matter of fact, the -- when Commissioner Winton kept asking repeatedly -- and that's in here in different ways, who -- what will be her duties? And her duties would -- he was very, very concerned, and I -- I'm very glad that I had the pleasure working with him on the Charter, because the Charter simply has the spirit of the Constitution, as it relates to the City ofMiami, in regards to the people. And so then, when he kept asking those questions, I just want to reflect on what he said, ifI can just see it right here. What he -- what he defined as her duties, and while I'm looking for it, I know what they are. And his concerns was the same as ours. Would she go out and actively look to bring other organizations like hers into that center? And the kind of concern that citizens have is just that she hasn't done that. And so then, I would like you to look at that material when you're considering this matter, and also look at the kinds of things that you shared with us, Commissioner, and all of those things have not materialized or come to fruition, and she has now been in the facility since 2001. And so then, in addition to that, I just want to say also, item -- is this 76, the number for this? I don't see anything with 76 on it. Chairman Winton: The number for what? Mr. Haynes: A resolution -- in Resolution 76, it basically says -- it identifies who the facility originally was designed for and conceived, and it was conceived by one of our key board -- executive board members, Ms. Nancy Dawkins, and also former Commissioner Plummer in regards to addressing the needs of the senior citizens in that given area. And then, of course, as we went on, we looked at taking it away from just senior citizens and making it a collaborative effort to address the needs of all the citizens in that new community, and that would be our youth, as well as our senior citizens. And we labored really, really hard to do that. Commissioner, you may remember that you did come out to a number of the meetings when we were over at the Miller Dawkins. Vice Chairman Teele: We went in two or three different directions. One time we were going to go with the optimist, and we listened to you and we did that. I mean, you're right. We've City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 wrestled with this. Mr. Haynes: Absolutely. And I'm simply -- I'm trying to just give a little history so those people perhaps listening, as well as the people here, won't be completely at a lost in terms of how long it has taken for us from the inception of that facility to come -- when Ms. Dawkins came here and put her finger in those -- y'alls (sic), who were here, face and shared with you, and certainly that something had to be done to address the needs of the senior citizens that community, that they could not be out in the elements, the rain and the whatevers, and you heard them. And so then, my point, they have been totally -- basically, just shut out of the facility. We -- and I wanted to share this with you, along with State Senator Jones, Commissioner Barbara Carey -Schuler, and you, Commissioner Teele, in one of the key meetings as its progressed along, we shared with you that we, as the Homeowners' Association, would look at identifying the necessary grant money to facilitate programs in that facility. And I want to share this with you because all of these things that I'm going to share with you are -- Chairman Winton: Herschel, Herschel, I'm confused. I don't understand, at all, what -- I think I understand one principal point. Mr. Haynes: What? Chairman Winton: And that is the removal of your park (INAUDIBLE). Vice Chairman Teele: Mr. Dean. Chairman Winton: Mr. Dean. So you're opposed to that. I think understand, but I'm not sure. Are you in favor of or opposed to the lady who's running the -- I think the Black Box Theater. What is her name? Mr. Haynes: Florene Nichols. Chairman Winton: Florene Nichols. So, are you in favor of her or opposed to her in some fashion or another? Mr. Haynes: I receive what you're saying, but don't accept the way you're laying it on me. It's not Herschel Haynes. It's the people. It's the citizens. You -- Chairman Winton: Well, but -- you're the vehicle. I'm not saying you you. I'm just saying, you're representing the people. Mr. Haynes: Right. Chairman Winton: I'm just trying to understand what the position is here. Mr. Haynes: Exactly. And so then, I want you to understand because you need to read all of that material, and there is more material that is really not conducive to bring here. Chairman Winton: But, Herschel, I'm asking you a specific question. Mr. Haynes: Yes. Chairman Winton: I don't understand what your point is about Ms. Nichols. What's the -- Mr. Haynes: My point -- the point of the citizens for the Hadley Park area and the Model City area, who comes to that facility and use it, is basically what the speakers have conveyed to you, and that is, they don't think that she is the ideal person to do what you have charged her to do. City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: OK Vice Chairman Teele: Mr. Chairman. Chairman Winton: Now -- yes, sir. Vice Chairman Teele: OK Chairman Winton: Is there another point after that one? Mr. Haynes: Yes, sir. Chairman Winton: OK Mr. Haynes: The other point -- Chairman Winton: And help me understand that one. Mr. Haynes: The other point to that is basically this one, this one, this right here. OK This has to do with Florida Neighborhood -- the Florida Neighborhood Conference, which has been going on for seven years, OK. Each and every one -- Commissioner Gonzalez, are you familiar with this? OK. Have you sent anyone there? Chairman Winton: I have no idea what that is. Mr. Haynes: Have you sent anyone there, Commissioner Gonzalez? Did you send anybody there? Commissioner Gonzalez: I beg your pardon? Mr. Haynes: I'm referring to the State of Florida Neighborhood Conference. Commissioner Gonzalez: I used to visit the association with late Ralph Packingham. Mr. Haynes: OK. So, I say that because I was there. At the good visionary, basic, common sense orientated Commissioner Barbara Carey -Schuler, and it was only five homeowners' associations there. And I share that with you because in other municipalities, there are things that are going on that causes them to be way on up the road in terms of progress. We're still zero. And so then, there is a need to see for you, our Commissioners, the father figures of this Miami City -- great City Miami municipality, and I share this with you because when I went there, I was blown away in regards to the information that came forth, and it deals with what I was trying to tell you, Commissioner, in those meetings with Barbara Carey -Schuler -- Commissioner Barbara Carey -Schuler and Senator Jones, Daryl Jones, I think his name is, former, and that is, is that all of this revolves around the people, as you very well know. And then I'm sharing this with you because it ties into what they're trying to tell you. And so then, by putting and constructing a document and agreement like you've constructed, you put her over the people, and that's in opposition to the Constitution, which is right here. It takes out of order this. It takes it out of order. We have absolutely no control as it relates to the kind of agreement that you have entered into with this person, you see. And that must -- that can't be. Vice Chairman Teele: Well, that's got to change, if that's what the impression is. Mr. Haynes: It's actualness (sic). It's actualness, Commissioner. It's actualness. And also, Commissioner Winton, you know very, very well how hard we labored with the Charter, and you City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 know the spirit of the Charter, which says, you must not put a person or an organization above the people. Chairman Winton: But, Herschel, it also says -- and you know this quite clearly, which Commissioner Teele said upfront -- that is it against the Charter for this Commission to meddle in the affairs of individual employees. We're not allowed, by Charter, to make a recommendation to hire, fire, transfer, or anything. Now, I don't know how we're getting to get at the issue, because I'm going to ask the City Attorney in a minute -- once I understand what all your issues are, I'm going to ask the City Attorney what steps -- where we can go with all of this? Because I don't know. Vice Chairman Teele: I think we're commingling several things, though, with all due respect, Mr . Chairman and I -- This is instructive to me for two reasons, and I think it's instructive to the staff. Number one, the number one energy that am spending going forward has been on the establishment of a park in Little Haiti. One of the components of that park is a cultural component, is a component that we're talking about having the recreational, the exercise kinds of facilities and all of that. Now, this is how we get in this box. Just so that -- and I want to defer this item just for a moment, or at least want to put this item aside just for a moment. But want to explain one thing. We get into the box this way. We're building facilities that cost "X" number of dollars to operate. According to Asset Management, before -- and I'm going to ask that these numbers be brought up-to-date. New management look at everything fresh. We're saving "X" number of dollars. That number is somewhere between 150 and two hundred and fifty thousand dollars ($250, 000) by having a management agreement. In the case ofMs. Nichols, she has a management agreement. We can get into that. I'm confident -- whatever the problem are with that agreement, we can get into that without violating the charter. I mean, we've got some contractual issues, but am fully prepared to get into that to solve or to at least address that issue. But we need to also understand that but for at this point, but for the Inner City Children's Dance Company, there wouldn't be a cultural component because we got a grant of six hundred thousand dollars ($600, 000) based upon the strength that that applicant brought to the City, sort of like Shake -A -Leg, or some of the other kinds of things. This is the ongoing problem that I'm concerned about. And I can tell you this. The problem is going to be in spades times 10 in the Haitian community about this whole culture component. Now, the question is, can we afford to run a facility like that? How many cultural experts -- culture or theater experts do you have on your staff, citywide? Santiago Corrada (Director, Planning & Zoning): Zero. Vice Chairman Teele: Whereas, the County's got probably 12, 15. And this is sort of a policy decision that we've got to sort of debate, and discuss and try to figure out a way. But am convinced on the one issue relating to Ms. Nichols, that we can instruct -- And I'm prepared to move today to instruct the management involving both Asset Management, Parks, and whatever management assistance, including for this purpose the Office ofAuditor General for the -- the Auditor General doesn't just do negative audits. They also do -- or supposed to do not just compliance, but also assistance, assistance audits. And to get everybody involved in the community and let's come back with whatever modification or adjustment it takes to that agreement to make sure that the public's rights are fully protected to the extent that there's an issue. I'm prepared to move that at any time you will allow, Mr. Chairman. However, I would like to understand also more clearly what we can do as it relates to Mr. Dean on that. Because I think one of this things is, we're getting a whole lot of things thrown at us and we need to try to sort these issues out. Chairman Winton: Mr. City Attorney. Alejandro Vilarello (City Attorney): As far as I can tell, there's been three issue raised. One is the compliance issues with Ms. Nichols' contract. In the package, you have a memo from the City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 City Manager indicating that there was a review May 31, 2003 finding her in full compliance. If you wish the Manager to review that again, you can certainly do that, and the Internal Auditor is also appropriate for you to direct to review the agreement. With regard to -- I'm not quite sure what the Florida Neighborhood Conference issue is, but that's raised as a third different -- third -- second or third point. But, particularly with regard to Mr. Dean, this City Commission has absolutely no authority to direct the Manager to consider reassignment ofMr. Dean, the assignment ofMr. Dean to any particular position, or any employee that works for the City Manager. The Commission and the Mayor are prohibited from being involved in any such debate, discussion or direction to the Manager. Vice Chairman Teele: We can't discuss it? Mr. Vilarello: You can certainly hear a citizen come before you and -- to -- Vice Chairman Teele: You mean, I cannot say to the City Parks Director that think Mr. Dean really should be given some consideration? You know, I'm going to tell you, what really impresses me is the moral issue, the moral issue -- (APPLAUSE) Vice Chairman Teele: -- it's the moral issue relating to the children in our community, andl mean, you know, that's something that may not appear on a rating chart or an evaluation chart. I realize that the Parks Director has come in, and he is trying to upgrade, and trying to not only upgrade but frying to cross -train. I don't know if his assignment is a promotion or demotion or a lateral. Can I inquire as to that? Mr. Vilarello: The language of City charter is very specific. They -- and the problematic language with regard to even a debate or discussion is the City -- the Mayor or the City Commission may not direct requests -- Vice Chairman Teele: Cannot request? Mr. Vilarello: Cannot request. -- take part in or dictate the appointment or removal of any person in office or employment of the City by the City Manager. Commissioner Gonzalez: Commissioner Teele, would you yield? Vice Chairman Teele: I'll yield. Commissioner Gonzalez: Let me tell you, this discussion is very healthy. I had exactly, exactly the same problem at Comstock Park. I have in my office probably 200 signatures from parents that are complaining about a transfer, and the citizens out there don't realize that we don't have the power, that we cannot tell a Director what to do with his personnel. And when I tell that to my voters, they don't believe me. They say, you don't want to help us. You don't care. You don't care who's taking care of the park. You don't care what's going on in the parks. I'm frying to explain to them, it's not that don't care. It's that cannot tell the Park Director who to hire -- Chairman Winton: Or the Manager. Commissioner Gonzalez: -- who not to transfer, or who to transfer, or neither the Manager. That's a violation of the Charter. And ifI do that, I'd be removed from office, you know. So, it's very healthy, and I'm glad, you know, for the people in Allapattah that are looking at what's going on in here now, now it's being expressed by my colleague, Commissioner Teele, it's being expressed by the City Attorney that we cannot interfere with the management of the City. We City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 cannot give directives to the management of the City. Thank you. Mr. Vilarello: With regard to employees. Chairman Winton: With regard to -- Herschel. Commissioner Gonzalez: With regard to employees. Chairman Winton: Herschel. Commissioner Regalado: Mr. Chairman. Chairman Winton: Oh. Commissioner Regalado. Commissioner Regalado: I just want -- I didn't know what was going on. I just read all this material, know anything about it. Butl tell you something, we may not be able to do what you're asked, but as a body, we can certainly invite residents who has this kind of complaints, because I think that the only way to move the administration is by them knowing that there is a large segment of the community who feels one way or the other. I really thank you for doing this because, I mean, for having so many people here for one park means that the park is so important for you, that -- you know, I'm all for it to hear for hours this debate because I think -- and I think that other communities should learn for what is happening here, because they should voice their grievance. This is their City they pay for, and we need to know what's going on. I didn't know anything about this until now, and I really thank you, Herschel. Mr. Haynes: And I concur with you, Commissioner Regalado, and I see -- I've been in your community, and been in our Commissioner -- I'm up there a lot, and to your community, Commissioner Gonzalez, and I've been out into Commissioner Sanchez' community. And the reason and the only reason I bring this to your attention is because you are figureheads, father heads, as relates to this City. And so, I'm so grateful -- and I've been out there in the community preaching to them as relates to a spin-off from being privileged to have worked on the Charter, raised the salaries of our Commissioners, raised the salaries of our Commissioners. And I was so elated when it finally passed because I know what's on your plate. I know what you're charged to do. And I know that you weren't nearly paying even a fraction of what it is you do. And so, having said that, you see, the way we can get from zero on up (UNINTELLIGIBLE) -- I'm going to be brief. I'm going to be brief -- is we simply need to have this whole Commission more orientated on how much money is available through homeowners' association. This is what this is about. Ms. Nichols is a fine lady. I've known her and I have absolutely -- as I've said in this chamber before -- nothing against her, but we have to look at the betterment of the community. And so then, what I'm saying to you is, we are now 501(c)3. We can get money that she can't get, and that's what this is about. And there is money available to us that's not available to her, because we are -- we are, as a homeowners' association, fits into the greater picture of things. I was so pleased with the Mayor of Sarasota when she shared with all of us at a huge conference -- I mean, center, you know, that -- I'm closing out with this. Is that -- her gratefulness for homeowners' associations across the state of Florida, across the country, because you guys sock it to us and we don't mind, in terms of paying our fair share of the taxes because we know that without it, we would have no activities moving forward. And so, I just ask that you look at -- And by the way, we don't even have an office in that place that we can call the many, many grant writers that we could e-mail them, do all the other work we need to do to identify the money to bring it in. So I want you to consider all that. And so, I thank you. Vice Chairman Teele: Thank you. Chairman Winton: Thank you, Herschel. City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I'd like to try to hear from the City Parks Director, and to understand exactly what's going on because I really don't want to see this moved too quickly. I really would like to try to understand better, especially this issue ofMr. Mahoney. Is he a parks employee? Mr. Corrada: He is a part-time parks employee. Vice Chairman Teele: So, the same rules relate to him, part-time? Mr. Vilarello: You can certainly direct the Manager to look into the allegations, but further than referring it to the Manager, there's nothing you can do with regard to Mr. Mahoney or Mr. Dean Chairman Winton: But you said it was appropriate for us to direct the Manager to look into the allegations? Mr. Vilarello: Certainly. Chairman Winton: Is that not correct? Mr. Vilarello: Certainly. Vice Chairman Teele: Mr. Chairman, I would move that the Manager be requested and instructed to look into the matters that have been raised today, and to report back to us within 60 days a remedial action. I would also -- a corrective action. I would also --I would so move. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. And I'm assuming that that review is a thorough review of the way Hadley Park is managed -- Vice Chairman Teele: ManagedA to Z. Chairman Winton: A to Z. OK Vice Chairman Teele: And I would like to have that report just so that we can maintain a continuous dialogue by the second meeting in January, which is, I guess, January the -- Commissioner Regalado: Eighteenth. Sylvia Scheider (Assistant City Clerk): January 22nd. Commissioner Regalado: December 18th. Chairman Winton: January 22nd? Vice Chairman Teele: January 22nd, here in this chambers. Chairman Winton: OK We have a motion and a second. Further discussion? Being none, all in favor, "aye." The Commissioner (Collectively): Aye. City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: I would like to make a separate motion, Mr. Chairman, to ask that the City Attorney, along with the City Manager and the Auditor General, review the -- along with the staff -- review the contract relating to Ms. -- the management agreement relating to Ms. Nichols for compliance, as well as in terms of -- Chairman Winton: Performance. Vice Chairman Teele: -- performance. The problem with -- I don't want to say performance. The problem with performance is we've not performed -- we've got a whole lot of issues where the City hasn't done -- I think what we need at this point is a shake out on the contract to try to figure out how to make it stronger, how to make it better and, more importantly, how to make it more responsive to the public. But -- to the public. So that's what I would be moving at this time 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. Vice Chairman Teele: Now, Mr. Chairman, finally, I would hope that we could put together a committee of three or four people to -- so that the Manager can sit down and talk -- Herschel, how do you want to do this? I don't want to lose the moment. Mr. Haynes: I don't either, Commissioner. I really appreciate that, you know, direction that you're taking. I think it would be an ideal way to go. I think some of what we've learned here this morning, I didn't know, for an example, what the City Manager's Office is frying to tell me in terms of what I couldn't say. And so, I agree that we need to have such a committee to -- and that we have dialogue with the City Manager. Vice Chairman Teele: Herschel, why don't we ask you to do this. Why don't you get -- designate five people, in writing, and send it to the Manager with the addresses, phone numbers, including yourself? Mr. Haynes: OK. Vice Chairman Teele: So that we can look at this and -- before the meeting of the 22nd, and see how we can put some responsiveness into this. Mr. Haynes: Will do. And I should confer with the City Manager, right? Vice Chairman Teele: I would think so, Mr. Chairman. You could file it with the City Manager, file a copy with the Clerk or with us. Mr. Haynes: On the five people chosen, right? Vice Chairman Teele: Yeah. Chairman Winton: Well, he can send -- he's allowed to send a copy of that to any of us, including you. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: I said to the Clerk and to us. Mr. Haynes: Right. Vice Chairman Teele: So it doesn't fall through the cracks. Mr. Haynes: And I'll send one to the Clerk and, of course, to the City Manager? Vice Chairman Teele: Yeah. Chairman Winton: Yeah. Mr. Haynes: OK In this regard. I thank you very much. Chairman Winton: Thank you. Vice Chairman Teele: Mr. Chairman, now, let me tell you what this problem represents to me. Where is Keith Carswell? We've got -- look, Keith, in my opinion, we need to start thinking about what type of an agreement we're going to have in Little Haiti, and begin to put some notices out there and begin a process. Because the one thing that the Parks Director has said repeatedly that if we have to fund and staff culture centers, we're not going to have any, and that's -- I don't know if that's still the thinking, but, Madam Manager, I think it's really important for us to look at this. I am not prepared to walk away from providing culture in our parks facilities. Not everybody can play football, and basketball and soccer, et cetera. We need to have gymnasiums -- I mean, we need to have exercise facilities. We need to have theater and dance, and those kinds of venues. And I want to make sure that item you just deferred, Commissioner Winton, is the footprint of where the culture component of the Little Haiti Park is going to be. And we have a commitment that that is the number one priority of this Commissioner, and the Manager. We both have that agreement, that that is going to move ahead of everything else, in terms of the Little Haiti Park experience. So, I want to draw from this, and I hope that you would participate in this, especially as relates to the management agreement because in the Haitian community, we're going to have a bigger problem, where you don't have that many organizations, or institutions, or entities that can even come in based on the fact that you've got to have "X" number of years of experience, they've got to have "X" number dollar budget, they've got to have a -- some kind of objective criteria. So I don't know where this is going to end us, but I'm welcoming your input, Mr. Carswell. Mr. Carswell: OK, Commissioner. Vice Chairman Teele: Thank you. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 CHAIRMAN JOHNNY L. WINTON City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 DISTRICT 3 COMMISSIONER JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 03-0229 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CORAL VIEW, L.C. ("CORAL VIEW'), TO PROVIDE FOR THE CITY'S PARTICIPATION IN A COOPERATIVE PROJECT TO MAKE ROADWAY IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY ALONG SOUTHWEST 22ND TERRACE BETWEEN SOUTHWEST 29TH AND SOUTHWEST 31ST AVENUES, MIAMI, FLORIDA, WHEREIN THE CITY WILL CONTRIBUTE FUNDS, IN THE AMOUNT OF $193,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311714, ENTITLED "DISTRICT 4, QUALITY OF LIFE," UNDER THE HOMELAND DEFENSE - NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; FURTHER RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, THAT IT IS IN THE BEST INTEREST OF THE PUBLIC TO SELECT THE CORAL VIEW CONTRACTOR AND DESIGN FIRM FOR THIS WORK BY METHOD OTHER THAN COMPETITIVE PROCUREMENT. 03-0229 - memo - scrivener error.pdf 03-0229-revised exhibit 1.pdf agmt CORAL VIEW 11.7.doc Reso, proj cooperation agmt - Coral View.doc Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1208 Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Now that we have Jorge here, I only have one item on the blue page, which is a resolution regarding capital improvement on Southwest 22nd Terrace. Would it be possible just quick -- Chairman Winton: Sure. OK, go ahead. That will take us to 10 o'clock, and we'll do Hadley Park. Commissioner Regalado: Jorge, we have on the blue page -- where is it? It's here. OK. It's a resolution, a four fifths affirmative vote of the City Commission, with attachment, authorizing the City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 City Manager to execute an agreement, in substantially the attached form, between the City of Miami and Coral View Coralview, to provide for citizens' participation in a project to make roadway improvements in the public right-of-way along SW 22nd Terrace, between Southwest 29 and 31 Avenue; wherein, the City will contribute a hundred and ninety-three thousand dollars ($ 193, 000) affirming and adopting the City Manager's finding of an emergency. The reason that this is an emergency is because this huge project is about to finish. When we approved this in the zoning -- Planning and Zoning Commission meeting, the neighbors were promised that this road was almost totally destroyed would be fixed. So, the City wants to go directly now instead of breaking twice. So, Jorge, that's what it is. Jorge Cano (Director, Capital Improvement Program): Yes, sir. Chairman Winton: Did you make the motion? Commissioner Regalado: Yes, I move the resolution. Commissioner Gonzalez: Second. Vice Chairman Teele: Second. This is a substitute item? Commissioner Regalado: Yes. Mr. Cano: Jorge Cano, Director of Capital Improvements. The reason for the substitute item, we caught a typographical error, where it mentioned in the resolution that the address was between 29th and 30th Street and it's really between 29th and 31 stAvenue. Also, a minor adjustment in the total. We finished last night checking the cost estimates from the consultant, and in verifying the numbers, it's not to exceed a hundred and ninety-three thousand dollars ($ 193,000). Commissioner Regalado: And this is coming out of District 4 -- Mr. Cano: Quality of life. Commissioner Regalado: -- Quality of Life Funding. Mr. Cano: Yes, sir. Chairman Winton: So, we have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Commissioner Regalado: Jorge, just one question. When can we see work on 22nd done? Mr. Cano: We'll be talking with the developer -- OK I think the developer is here. So, they're the ones that are driving the schedule for the improvements of the right-of-way. So, if they'd like to step up and address the Commissioner's question. Adrienne Freisner: Adrienne Freisner with law offices at is 1221 Brickell Avenue. With me is Mark Spanoli. They're expecting that work would start in January. Commissioner Regalado: OK Because I need to tell the residents. You know, that's a very narrow street and we need to advise the residents of what's going to happen. City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Freisner: Absolutely. Actually, we met with the residents about two weeks ago. We had a meeting over at the NET (Neighborhood Enhancement Team) Office so we could advise them about this, and they were supportive and we wanted to make sure that they were aware of what was going on. And we went through it with them already about three weeks ago. Commissioner Regalado: Thank you. Ms. Freisner: Thank you very much. Commissioner Regalado: OK. DISTRICT 5 VICE CHAIRMAN ARTHUR E. TEELE, JR City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PUBLIC HEARING PH.1 03-0222 ORDINANCE Public Hearing (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT VIII PROGRAM," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $1,303,933, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE; PROVIDING FOR THE APPROPRIATIONS TO SAID FUND OF ANY INTEREST EARNED FROM FISCAL YEAR 2003-2004 AND FISCAL YEAR 2004-2005, AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE AND THE APPROPRIATION OF SAID INTEREST; FURTHER AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN THE AMOUNT OF $144,881, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001 SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE, CHAPTER 932.7055, AS AMENDED; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 03-0222 - cover memo.pdf 03-0222 - budgetary impact analysis.pdf 03-0222 - public notice memo.pdf 03-0222 - public notice .pdf 03-0222 - affidavit.pdf 03-0222 - application.pdf 03-0222 - award.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12450 Vice Chairman Teele: Mr. Chairman, not as a pocket item, butt would like to put before -- and I know that -- I would also like to reserve time for a discussion on the courthouse when Ms. Williams has arrived, naming the courthouse for Judge Wilkie Ferguson. Chairman Winton: You bet. Absolutely. OK. We've got public hearing on PH.1, which is receiving a grant. Need a motion and a second on PH.1. Commissioner Gonzalez: Move PH.1. Vice Chairman Teele: Second. Chairman Teele: Second. PH.1 is a public hearing. Anyone from the public would like to speak on PH.1? If not, we'll close the public hearing. We have a motion and a second. Would City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 you please read the ordinance? Roll call. A roll call was taken, the result of which is stated above. PH.2 03-0177 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY AN AFFIRMATIVE FOUR -FIFTHS (4/5THS) VOTE, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE THE PROPERTY LOCATED AT 254 NORTHEAST 59TH TERRACE, MIAMI, FLORIDA, ("PROPERTY"), AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, WITH A PURCHASE PRICE OF $545,000, AUTHORIZING THE CITY MANAGER TO EXECUTE THE OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND CHARLOTTE STEVENS (SELLER), AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE OPTION AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT OF $570,000, FROM THE $255 MILLION HOMELAND DEFENSE /NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF COST OF SURVEY, APPRAISAL, ENVIRONMENTAL REPORT, AND TITLE INSURANCE. 03-0177-appraisals 03--0177 - agreement 03-0177 -cover memo.pdf 03-0177 - public notice memo.pdf 03-0177 - public notice .pdf 03-0177 - exhibit .pdf Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1203 Note for the Record: On motion was made by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Sanchez absent, this item was originally withdrawn with instructions to the Administration to negotiate a lower price for the property. Subsequently, it was reconsidered on a motion made by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioners Regalado and Sanchez absent. The item ultimately PASSED as R-03-1203, with a reduced price of $525, 000 for the property. Chairman Winton: Keith, I understand you want to defer PH.2, is that whatl understand? Keith Carswell (Director, Economic Development): That is correct. Chairman Winton: OK Vice Chairman Teele: Mr. Chairman. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Yes, sir. Vice Chairman Teele: May we just establish on the record why the item is being deferred? Chairman Winton: Sure, wouldn't mind, at all. Mr. Carswell: This item was actually deferred from the prior Commission meeting. One of the concerns that was expressed is that the purchase price is about 53 percent above the appraised value. In looking at, historically, what we've acquired, the price range has been somewhere around 15 to eighteen dollars ($18) a square foot. This would represent a purchase price of approximately twenty-six dollars ($26) a square foot. There is concern that -- so, based on those concerns, certain members have expressed an interest, in that staff go back and look at renegotiating with the property owner as it relates to this acquisition. Vice Chairman Teele: Look, I have no objection to this, but, again, this thing is going on and on and on. And, Commissioner Winton, just for the record, the voters approved this referendum two years ago in November. This is probably the second parcel that is actually being purchased. We've acquired some parcels through transfer by intergovernmental and others. The other parcel, I think, is the trailer park. This activity is going to require probably close to 40 to 60 parcels. At the rate we're going, we will be 10 years before the park in Little Haiti is established. And I'm not, at all, criticizing the staff on this, nor am I criticizing my colleagues on this. I'm only putting on the record that the value of these properties from the day -- because of the way government operates --from the day we designated this -- and there's no way around it. I mean, you've got to go to Department of Community Affairs, and you've got to get land use changes and all that. The value of this property is no longer what it was two years ago, or for that matter, three years ago, when this process began in earnest. And, you know, it's a story of '7 met a man. I complained about having no shoes until I met a man with no feet." This community doesn't have a park, and contrary to those who want to make Edison, Little Haiti and those who want to make Haitians that used to go to Morningside, which is where the park of choice was always for the Haitian community, you know, we have the money and -- to build a park. But, of course, I am here to say to you, Mr. Carswell, to you, Mr. Manager, Madam Manager, that the cost of the park is largely the cost of the land. And we're going to hear from Hadley Park, but I want you to know that Hadley Park was acquired largely through eminent domain, and it was acquired largely in the middle of the night. And I mean, we've heard from Mrs. Ayers and others who've testified on how their families were just thrown out to make way for Hadley Park. Well, you know, we're doing this a lot more civilized today, and I support it, but you're going to have to pay a price and you're going to have to pay whatever the cost is. This price that is being paid is about 50 percent below the condominium costs. Is that -- Chairman Winton: You mean the condemnation. Condemnation. Vice Chairman Teele: The projected -- I'm sorry. The projected condemnation cost. Mr. Carswell: Based on the Post Buckley Report, condemnation will be around nine hundred thousand. Vice Chairman Teele: So -- And condemnation is something that I believe should be used, but only as a last resort, only as a last resort. So, I am not at all uncomfortable with any of my colleagues, or the Manager, or Mayor who want this to go for further negotiations. I think it sends the right signal, perhaps, but I also think we need to be concerned about the tax -- the citizens who pay taxes, who don't have a park in their community, and this is a problem that has gone on long before any of us got here but it's just, nevertheless, is a problem. And it always bothers me when I look at the park there in the Omni area, the Margaret Pace Park, or I look at the parks now in the Grove, and what's happening here with Shake -A -Leg, and I look at these City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 beautiful waterfront and beautiful parts, and I look at the other part of my -- of the district that I represent that doesn't have a park, at all. So, I just want to keep this on everybody's mind, that this is not something that we can move on at a leisurely pace. It is something that I would hope the management -- I would have hoped that the management would have come back a year ago with an aggressive plan for eminent domain or the acquisition, and I appreciate very much that you're here now with acquisition, and I think the Commission has its right to instruct you to go back and negotiate. I would hope that whatever the motion to defer is, it would be a motion with instructions as opposed to just a motion to defer. That's my unreadiness, Mr. Chairman. Chairman Winton: And, Commissioner Teele, I'm the one who talked to Keith about -- actually, I didn't suggest defer it, at all. I suggested bringing it up and -- but I'm the one that raised the question and, as you know, I've been a strong supporter of building a park in Little Haiti from the day you came up with the idea. The concern I have, however -- Vice Chairman Teele: No, that's not -- that was not my idea. That was Anita Boch's idea, long before I got here, saying, if we're going to close the park in Morningside, then we've got to provide a park for the children in Little Haiti, because that's where they were going, across Biscayne Boulevard, as dangerous as that was. Chairman Winton: Absolutely. Which makes no sense. Well, I've always given you credit for the idea, not Anita. But I am the one who brought it up, and my concern is -- and I think we ought to have a very aggressive plan for purchasing land. There's a lot of parcels we have to purchase. A lot. So, there should be a very, very aggressive plan for purchasing land in Little Haiti. What I'm not comfortable doing is, in one of our very first purchases, as you've just pointed out, setting the new standard for value that's 50 percent above current market value, because then you're stuck, because then the base grows from there. It doesn't shrink from there. And so my view is, we ought to pay attention to all those other sites, get them under contract as fast as we can, and continue to negotiate with this person. And if he ultimately holds out, then you've got two choices: You build around it; leave him out, and that happens all the time in the real estate world, or you go for condemnation. But you've got both choices there. And because I'm in this business, you know, I'm negotiating all the time, you know, I think you've got to press these people on where the right standard is; otherwise, the taxpayers end up footing a much higher bill. I think you can do both, negotiate tough and still buy a bunch of parcels and be aggressive about it. I'm not suggesting for a minute that we stop negotiations. I'm suggesting we have an aggressive plan to buy lots of other parcels, but that we don't set the new standard on this particular parcel at 50 percent above appraised value. Vice Chairman Teele: Mr. Chairman, again, I agree with all of the words that you've said. The problem is the application of the words to the picture that's here. Mr. Attorney, we need your input, I think, on this, to some extent. I would be -- there has been negotiations going on -- and I don't want to get into the parade of horribles that's going on right now. We've created this situation by law where we have to designate the area that we're building the park in. We've entertained all sorts of people who, for a year and a half went out and got media attention about the park, not building the park, and going up and down creating groups to hold out for higher prices. Virtually, everybody that has come down here, Keith, that I know of has offered privately to sell their land; is that correct, or some parcel of it? Mr. Carswell: That's correct. Vice Chairman Teele: So, I just want this on the record. Virtually, everybody who has come down here and gotten The Herald to write these big stories, and the newspaper to say this, that, and the other has privately come back and said, "I'm willing to sell my land, but here's what I want for it." What has happened is, in the two years since the bond issue has passed, there is a totally different valuation that's out there, and I would be much more comfortable, Johnny, if we're going to stop -- and we should stop, if any Commissioner's uncomfortable -- if we take a City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 policy of we're going to eminent domain those lands, and let a judge set the valuation -- Now, let me tell you what the problem with that is. The judge doesn't do it. A jury of their peers do it. And in virtually every eminent domain case that I've been involved with or have knowledge of the jury always goes against the government. It is rare -- I mean, you could be building a hospital for prenatal care, or the most pressing need you can come up with, the jury always -- the jury generally finds in favor of the party that is saying, They're taking my land." Because under our Constitution, the taking of land for a governmental purpose is permitted. But it is also, you know, one of the most explosive -- emotionally explosive kinds of rights. And so most people when they say you're going to take the land, then they say well, at least you've got to compensate and compensate at pretty much whatever the problem -- the value is. The problem that we're confronted with right now is that everybody wants substantially, substantially more than the appraised value. Is that a fair statement of the people you're talking to? Mr. Carswell: Correct. Some we've been able to negotiate and we've been slightly above, but some are wanting three times what the appraised value is for the property. Vice Chairman Teele: So, I have no objection to deferring this item, and instructing the staff to go back and negotiate and negotiate and negotiate. But at some point, I think we're going to need to have a policy judgment regarding those parcels that we -- Chairman Winton: Don't disagree with you, but the way. Vice Chairman Teele: OK Chairman Winton: Don't disagree with you. OK So, we have a -- do we have a motion on the deferral? Vice Chairman Teele: I will move the item to defer, with instructions to the staff to go back and renegotiate a lower price. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion? Being none, all in favor, "aye." Mr. Vilarello: Defer to what meeting? Chairman Winton: I'm sorry? Mr. Carswell: Next Commission. Mr. Vilarello: To the next Commission meeting, December 11 th? Mr. Carswell: December 11 th. Chairman Winton: No, he didn't put a timetable. And you can't -- Commissioner Gonzalez: Didn't put a timetable. Mr. Vilarello: Well, then the item should be withdrawn and brought back by the Manager at the appropriate time. If you wish it to come back at a time specific, then you need to say that. Chairman Winton: You can't negotiate that way. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Right. Chairman Winton: You've got to withdraw it. Mr. Vilarello: So the administration is withdrawing the item? Chairman Winton: And do we need a motion on withdrawal, Mr. City Attorney? Vice Chairman Teele: I would move that the item be withdrawn for the purpose of instructing the Manager to negotiate a lower price. So moved. Commissioner Gonzalez: Second. Chairman Winton: Discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Do you need four votes for your item, Keith? He just left. Chairman Winton: Darn. Well, bring it back -- we'll take it up first item after the break. Vice Chairman Teele: At 3:00? Commissioner Gonzalez: 3 o'clock. Chairman Winton: Yeah, because we have time certain at 3 o'clock, so -- what time can Planning and Zoning start? Hello. Alejandro Vilarello (City Attorney): 3 o'clock. Chairman Winton: Oh, it can. Great. Vice Chairman Teele: Well, why don't we come back at 2:45 and clean up everything that we've got. Chairman Winton: Fine with me. Commissioner Gonzalez: Fine with me. Chairman Winton: Well, I don't know. Is he going to know? Vice Chairman Teele: Tomas will know. He's always -- Mr. Vilarello: Mr. Chairman, on Mr. Carswell's item, you only need three votes for the reconsideration, for the motion to withdraw, and then you can place it back on the agenda and then consider it this afternoon. Vice Chairman Teele: I move to reconsider the item relating to the land acquisitions ( UNINTELLIGIBLE). Mr. Vilarello: Item number, please? Commissioner Gonzalez: Second. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: For the record, what's the item number? Unidentified Speaker: PH.2. Vice Chairman Teele: PH.2. Chairman Winton: OK We will reconvene at 2:45; is that what we just decided? Vice Chairman Teele: 2:45. Chairman Winton: 2:45. Vice Chairman Teele: We withdrew an item, and we brought it back on earlier today. Mr. Carswell, you might -- Keith Carswell: Keith Carswell, Director for the Department of Economic Development. Based on the concerns that were raised regarding PH.2, we were able to re -negotiate with the property owners, and they reduced the purchase price by a hundred thousand dollars ($100, 000). And so we're asking that the Commission consider or reconsider the purchase of the property at the reduced price of five hundred and forty-five thousand dollars ($545, 000). Chairman Winton: And what is that over the appraised value now? Mr. Carswell: That represents about 23 percent. Chairman Winton: Over the appraised value? Mr. Carswell: Over the appraised value. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Motion? Vice Chairman Teele: Again, unless there is an objection by any of my colleagues, I move the item. Commissioner Regalado: Second. Chairman Winton: Motion and a second. And, Keith, good negotiating. I think, you know, that puts it in a realm thatl think is acceptable and sends a signal to the folks out there that we're buying from that we're not going to -- that we're just simply not going to overpay, and we've got new ways to kind of design the park. So good work. Motion, second. Any further discussion. Mr. Carswell: Thank you. Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Like sign, opposed. The motion carries. Mr. Carswell: Thank you. 3:00 P.M. PH.3 03-0223 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $90,000, FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET -ASIDE, AND ALLOCATING SAID FUNDS TO AMAZING MINDS ACADEMY, INC. IN THE FORM OF A FIVE- YEAR DEFERRED, FORGIVABLE LOAN, TO CREATE AND MAINTAIN NEW EMPLOYMENT OPPORTUNITIES FOR RESIDENTS OF THE LITTLE HAITI NEIGHBORHOOD FOR A FIVE-YEAR PERIOD, SUBJECT TO THE FOLLOWING PROVISIONS: (1) APPLICANT MUST PROVIDE EVIDENCE OF AVAILABLE FINANCING TO COMPLETE THE PROJECT, 2) PROJECT MUST RECEIVE AN APPROVED ENVIRONMENTAL CLEARANCE FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND (3) PROJECT MUST MEET ALL APPLICABLE LOCAL, STATE AND FEDERAL REGULATIONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0223 - cover memo.pdf 03-0223 - advertizement.pdf 03-0223 - previous legislation.pdf 03-0223 - proposals.pdf 03-0223 - exhibit- agreement.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, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1202 Direction to the Administration: by Vice Chairman Teele to coordinate with the Department of Economic Development and architect Bernard Zyscovitch, a pilot program regarding funds for one block of the Little Haiti area; further requesting a status on the directive given to the Administration by the Commission on a set aside of funds to do code assistance and infrastructure on the Little Haiti Farm. Chairman Winton: November 25th. And the first item of business is we have PH.3, which was a 3 p.m. time certain, funding for the Amazing Minds Academy, Inc. PH.3. Barbara Rodriguez (Director, Community Development): Ready? Chairman Winton: Yes, ma'am. Ms. Rodriguez: Barbara Rodriguez, Department of Community Development. This is requesting approval to fund Amazing Minds from the Little Haiti Job Creation Program for ninety thousand City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 dollars. That will still leave us a balance of four hundred and seventy-four thousand, eight hundred and sixty-three for additional businesses in the Little Haiti area. Chairman Winton: Need a motion. You going to move it? We need to have a public hearing first? PH.3 is a public hearing. Anyone from the public like to speak on PH.3? Apparently no one. We'll close the public hearing. Vice Chairman Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. No further discussion, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: There are three quick points on that. I would hope that your office would coordinate with Keith Carswell's office and the architect, Zyscovich, that had indicated that they needed funds to do some kind of pilot program in that block area there. Ms. Rodriguez: OK Vice Chairman Teele: And we told them -- because you keep saying what's available, and I thought some of that had been reserved, but it hasn't been. That's on that pilot project that Zyscovich said that they wanted to do for that one block there, including road work and all of that. And the other thing is that the Commission previously directed that you all would set aside funds and do a code assistance and infrastructure for the farm. The -- and I don't know where that is, but those numbers -- Ms. Rodriguez: We are working on it. They are doing an engineering evaluation on it, and we should have a report December 2nd. Vice Chairman Teele: OK Well, those balances -- I mean, you all need to reserve some funds for those projects. Ms. Rodriguez: We have. I didn't have the one before that, but did have the farm. Vice Chairman Teele: OK Thank you very much. Ms. Rodriguez: You're welcome. ORDINANCES - SECOND READING SR.1 03-0078 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BICYCLES" TO PROVIDE DEFINITIONS AND REGULATIONS FOR THE PROHIBITION OF THE OPERATION OF BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 DEVISES ON THE SIDEWALKS OF SOUTHWEST 8TH STREET BETWEEN 4TH AVENUE AND TAMIAMI CANAL ROAD, MIAMI, FLORIDA; MORE PARTICULARLY BY AMENDING THE CHAPTER TITLE AND SECTIONS 8-1 AND 8-2, RENUMBERING SECTION 8-6 AS SECTION 8-7, AND ADDING NEW SECTION 8-6 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILLITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 03-0078 -cover memo.pdf DEFERRED A motion was made at the beginning of the meeting by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, that item SR.1 be DEFERRED to the Commission Meeting currently scheduled for December 11, 2003. Note for the Record: The December 11, 2003 Commission Meeting was later rescheduled to December 18, 2003 per Resolution 03-1182. SR.2 03-0159 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2003-2004 AND CONTINUING PREVIOUSLY APPROVED PROJECTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 03-0159 - cover memo.pdf 03-0159 - budgetary impact analysis.pdf 03-0159 - legislation.pdf V2 Complete Legislation Flle No. 03-0159.doc Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12451 Chairman Winton: OK Back to SR -- SR.1 has been deferred by Commissioner Sanchez. So, SR. 2. It's a Second Reading Ordinance. Commissioner Gonzalez: Move SR.2. Chairman Winton: Got a motion. Vice Chairman Teele: Second. Chairman Winton: Second. Is this a public hearing? Alejandro Vilarello (City Attorney): Yes. Chairman Winton: OK SR.2 is a public hearing. Anyone from the public would like to speak on SR.2? If not, we'll close the public hearing. Would you read the ordinance, please? Roll call, please. City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 A roll call was taken, the result of which is stated above. 5:30 P.M. SR.3 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, 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 WITHDRAWN File No. 03-0099 was WITHDRAWN. Alternative ordinance, File No. 03-0099a (see below) was passed on first reading. 03-0099a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2, 10 AND 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING CHAPTER 36, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW CHAPTER 36, ENTITLED "NOISE," TO PROVIDE FOR AND CLARIFY NOISE PROHIBITIONS AND LIMITATIONS, ESTABLISH FINES FOR VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES, PROVIDE FOR AND CLARIFY DAYS AND TIMES PERMITTED FOR CONSTRUCTION, DREDGING AND LAND FILLING ACTIVITY, REQUIRE PERMITS, AND PROVIDE FOR ENFORCEMENT AUTHORITY; MORE PARTICULARLY BY REPEALING EXISTING SECTIONS 36-1 THROUGH 36-8, IN THEIR ENTIRETY, AND SUBSTITUTING NEW SECTIONS 36-1 THROUGH 36-9, ADDING NEW SECTIONS 10-6 AND 10-7, AND AMENDING SECTION 2- 829 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (NEED AGENDA PACKET) 03-0099-memo-2. pdf 03-0099-legislation.pdf City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez Chairman Winton directed the City Manager and the City Attorney to create a committee to be composed of Lucia Dougherty, members of the marine and construction industries and other interested parties to review the proposed noise ordinance and Miami -Dade County's noise ordinance, and to come back with a recommendation to compromise different concerns. Chairman Winton: OK We're done with P&Z (Planning & Zoning). We're going to go back to the 5:30 time certain -- which it's now 6:30 time certain. It's certainly 6:30 -- and that is the Noise Ordinance, which is SR-3. I'm assuming everyone in here is here for the Noise Ordinance. How about raising your hands if you're here for -- OK I should have said anybody not here for the Noise Ordinance? It's the last agenda item, so -- not the media. Right, you're not here for the Noise Ordinance? I just said raise your hand if you're not here for the Noise Ordinance. OK . Staff we have somebody -- who's doing this? Hello? We have any City staff working on Noise Ordinance? Commissioner Gonzalez: Where is the City Manager? Unidentified Speaker: He's coming. Joel Maxwell (Deputy City Attorney): One moment. Two -minute recess, Mr. Chairman. We're getting ready. Unidentified Speaker: City Attorney. Chairman Winton: No, no, no. I mean, can't we get somebody in here? Alicia Cuervo Schrieber (Chief of Neighborhood Resources): That was a directive through the City Attorney. Chairman Winton: Sorry? Ms. Schrieber: That was a directive through the City Attorney, so Alex is coming back. Chairman Winton: Well, he doesn't have to be here, but whoever -- who's presenting this? That's who needs to be here. Unidentified Speaker: Alex is presenting it. Chairman Winton: Oh, Alex. Unidentified Speaker: He's coming. Better we should wait for him. Unidentified Speaker: Where's Alex? Maria Chiaro (Assistant City Attorney): What's the question that you asked? Chairman Winton: We're on the Noise Ordinance. Ms. Chiaro: OK. Unidentified Speaker: Here he comes. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Alejandro Vilarello (City Attorney): Commissioners, on SR.3, earlier -- actually on the 13th, we disfributed an alternative to the ordinance, which was approved by the City Commission on first reading in July. We had -- since that meeting, we've met several times with people who were interested in the noise ordinance and how it was created. And earlier -- late last week, I provided you with a memorandum which indicated a summary of the issues that were brought forward to us by the construction industry, the marine industry, and individuals who were concerned about excessive noise in the City. That memorandum was -- I disfributed an additional copy of it today. The noise ordinance -- There was an existing noise ordinance in the City. This essentially repeals all the provisions of the existing noise ordinance and adopts a series of conditions, including a limitation on construction in the City, limiting the hours that construction activity can take place in the City from 7:30 in the morning until 6 p.m. in the evening. It provides for exceptions to that with conditions established in our Zoning Code, where the City Manager can approve, under certain circumstances, construction outside of those time parameters. There are conditions established in the Zoning Ordinance which the Manager must follow, but, ultimately, the Manager can provide that. There's been some concern as to the applicability of that section to the marine industry. And I explained to representatives of the marine industry that that was not the case, although, as recently as yesterday, I did receive a series of complaints indicating that, in fact, somehow this prohibited the marine industry from operating outside of the hours of 7:30 in the morning until 6 o'clock in the evening. In addition to that, at the first meeting there was some concern about -- This ordinance does limit dredging operations in the City to daytime hours. Of course, there was a concern with regard to the Corps of Engineers project that was coming up. And for that project, we have specifically included an exemption for that project. The only other exemption that didn't already exist in the City Code was an exemption for emergency repairs to utility lines, which, of course, by necessity, will have to happen as quickly as possible, working 24 hours until the utility is repaired. There - - most recently, there was a concern set aside with regard to industrial areas, and I believe one of the individuals is going to make a recommendation with regard to some modifications, which would limit the application in industrial areas of the noise ordinance. I've considered those with that recommendation and when they bring that up, I think I will join in that recommendation to the City Commission. The other change from the first reading was a significant increase in the decibel levels as were originally contained in the ordinance before it was amended and as it was amended on first reading. Those decibel levels were very low. We, after meeting with several of the groups, we realized what we're really trying to address is that loud and obnoxious noise which creates a problem in individual neighborhoods and individual locations. And, therefore, raised the decibel levels in this ordinance to significantly higher than those limits which have been approved by the courts in many jurisdictions, which are generally on a level of 55 to 60 decibels. And we've increased them from anywhere from 70 to 80 to 85, depending on whether it's residential, or commercial, or industrial areas. By way of analogy, in the Parrot Jungle lease, by contract we have limited the decibel levels to 60 decibels. What this noise ordinance is doing is significantly higher than that. We also addressed, from first reading, the issue of a continuous noise versus a noise which is intermittent. That is, you know, a motorcycle that is extremely loud, a boom box that is extremely loud, and it's a spike in the noise. First reading of the ordinance required the noise to be continuous over a two -minute period of time. This addresses it so that if that noise exceeds the applicable levels, even in an intermittent basis, or just a loud noise that is continuous, such as someone driving around and around in a particular area where the noise levels would be very high. Those -- I believe that covers all of the changes from the first reading, although, we did tweak it by including provisions in the Florida Statutes, which specifically address motor vehicles and vessels. Other than that, that was consistent with Code before. We just put the actual regulations in -- in the Code provisions. And I would recommend that you consider that ordinance, which I disfributed. If you do consider that, it would be a first reading approval of that ordinance. And -- Chairman Winton: So make sure -- I want to make sure I'm clear here. If we address the amended ordinance that you have distributed to us -- City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Mr. Vilarello: That I'm proposing. Chairman Winton: -- it will take it back to first reading, as opposed to the one that we are originally contemplating, which is at the second reading stage. Mr. Vilarello: Yes. Chairman Winton: OK. And would you repeat the part about the impact on the marine industry relative to -- is it either ordinance or only the modified ordinance? Mr. Vilarello: Neither -- the -- Neither ordinance, I believe, addresses the marine industry as the marine industry representatives indicated. Now, there was -- In other words, their concern was that the consfruction -- the limitation on the hours of operation of the consfruction would impact the marine industry. And, in fact, in my opinion, the first ordinance didn't -- we really didn't change anything with regard to consfruction activity other than to expand the Manager's authority to provide exemptions under particular circumstances. So I don't believe in either case it applies. Commissioner Regalado: You are -- Chairman Winton: Yes, sir. Commissioner Regalado: You're talking about consfruction, right? Mr. Vilarello: Construction. Commissioner Regalado: OK. Chairman Winton: Well, I asked him about the marine industry. Mr. Vilarello: Their concern was that the marine industry would be impacted by the provisions which limited the hours that the construction activity could take place. Commissioner Regalado: No. But I have a question about consfruction. Construction. You know that the weekend warriors, these are the people that build illegal units during the Saturday and Sunday night. So who would respond to this, City ofMiami Police or Code Enforcement officers? If an illegal consfruction is being done at night, on a Saturday or a Sunday, who will have the authority to go in and what kind of penalty? I mean, we're talking of two illegal things now here. Mr. Vilarello: The ordinance provides for both civil and criminal penalties associated with enforcement. Both the police and Code Enforcement can enforce this daytime or nighttime. I think you're speaking to the practical issue that Code Enforcement officers generally don't work Commissioner Regalado: Right. Mr. Vilarello: -- the weekends. That's not impacted by the ordinance. That would be impacted by the Manager's decision to deploy Code Enforcement officers in the evenings or on the weekend. But both the police and Code Enforcement officers could enforce this. Commissioner Regalado: I have -- Mr. Chairman, I have another question. Noise means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological effect on humans. This is car alarms, too? City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: It's what? I'm sorry. Commissioner Regalado: Car alarms. Mr. Vilarello: Car alarms would be included in this certainly as any other noise, if it exceeded the decibel levels that were -- that are described in the ordinance. Commissioner Regalado: How about airplanes? Because they really annoy me. Mr. Vilarello: Airplanes and motor vehicles have particular rules in the Florida Statutes which we're preempted by. I have referenced them for convenience, and, in fact, with the motor vehicles, I have specifically included it in the ordinance so that's it's clear to anyone who's reading the ordinance what the rules are. Commissioner Regalado: Motor vehicles. Motorcycles, too? Mr. Vilarello: Yes. Chairman Winton: What did you say about motorcycles? Mr. Vilarello: They're included. Chairman Winton: Included in what? Mr. Vilarello: In the State Statute. Commissioner Regalado: So we -- There's nothing we can do about it. Remember this thing began -- Mr. Vilarello: Well, we can -- Commissioner Regalado: -- this thing began with the motorcycles in the Grove. Chairman Winton: Yeah. That's where this thing came from. You're talking about something that's -- Commissioner Regalado: I'm telling you -- Chairman Winton: -- that has gone from motorcycles and boom boxes in the Grove to the whole world. I mean, talk about the -- You know, and see, Commissioner Teele, that's what I was saying. I started this. Commissioner Regalado: You did. Chairman Winton: I started this. Commissioner Regalado: Hey, you did. Chairman Winton: And you talk about the law of unintended consequences, I mean, it's gone all over the map. Commissioner Regalado: I remember. I -- Chairman Winton: I wish I would have never brought it up. City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: This -- the whole thing was started by motorcycles and boom boxes going around -- Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: -- going around the Commodore Plaza and the Coconut Grove area. Mr. Vilarello: IfI can offer with regard to -- I'm sorry. Commissioner Gonzalez: Let me tell you. I -- excuse me, Mr. City Attorney. I am so glad of the statement that you just made. I started this." Because I want you to know, even though I support this ordinance a hundred and fifty percent, that I had been accused in the City ofMiami on the media by this group that because of a personal vendetta against the river people, I was the one that initiated this ordinance. Chairman Winton: I initiated the ordinance. Commissioner Gonzalez: So I'm glad that you cleared that up. Commissioner Regalado: No, you didn't. I remember because I was -- I served in the Coconut Grove -- Chairman Winton: Oh, you initiated it? Commissioner Regalado: -- Marketing Committee. I didn't. Chairman Winton: Well, I supported it. Commissioner Regalado: I didn't but you -- Commissioner Gonzalez: Let me tell you. I'm going to support you on it. I'm going to support you because I believe it's an issue of quality of life. It has nothing to do with the river. It has to do with the quality of life in the City ofMiami. Chairman Winton: OK. Now, so this is a public hearing. Now, wait a minute. I need clarification on something. Are you recommending, Mr. City Attorney, that we -- What are we required to do as it relates to the second reading on the original ordinance versus the modified ordinance that you're suggesting we consider? Mr. Vilarello: What I'm recommending is that you consider the alternative ordinance that I've distributed, which contains material changes from the first ordinance. Chairman Winton: Do we need -- Mr. Vilarello: It would be an amendment to that ordinance, which would require it to come back to first reading. Chairman Winton: So do we need to -- From a procedural standpoint, what do we do? Mr. Vilarello: You would adopt the ordinance that I've distributed -- Chairman Winton: We don't have to even address -- Mr. Vilarello: -- which would be -- City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: -- the original one. We can address -- Mr. Vilarello: It is in fact addressing it. By adopting it, you are amending -- Chairman Winton: OK. Mr. Vilarello: -- the ordinance that you adopted on first reading. And because of the material difference between the two, it would require it to go back to first reading. Chairman Winton: So we're going to be taking up the amended ordinance and that is a public hearing. And so we're going to open this public hearing. I'm going to limit -- And those ofyou who want to comment are certainly welcome to. I'm going to say a couple of things about it. One, you're limited to two minutes and I will cut you off at the end of two minutes. Number two, if you all come up and you want to take the two minutes to repeat what somebody in front ofyou just said, you're going to be here as long as we're going to be here. I'm going to get a little grumpy as that process goes on ifI keep hearing the same thing over and over. And when I get grumpy, I'm not very pleasant but you will get an opportunity for your two minutes. But, trust me, I will get grumpy if everybody's saying the same thing over and over again. So I would encourage you to , if you're going to speak, to not come up and repeat for the third or fourth time what somebody else has already said because we do get it. We may not vote -- you know, we're going to vote the way we want to vote, but we will get it. Trust me. So that said, yes, sir. And we need -- Unidentified Speaker: Ladies first. Chairman Winton: -- everyone's name and address on the record. Ladies first, I hear. Elena Carpenter: Thank you, Counselor. Commissioner Gonzalez: Mr. Chairman -- Excuse me, Elena, please. Mr. City Attorney, is it against the law to require that the persons that are going to speak give their home address on the record? Mr. Vilarello: No. Commissioner Gonzalez: No? OK. Mr. Chairman, I would rather have the home address on the record. Chairman Winton: So, everyone, when you come up, we just need your name and home address for the record. And would you, Madam Clerk, keep the clock? Two minutes per and you can start the first ding. Yes, ma'am. Ms. Carpenter: Elena Carpenter, president, Coconut Grove Bayshore Condominium Association at 2575 South Bayshore Drive in Coconut Grove. First of all, I must tell you that our City Attorney, Mr. Vilarello, has gone way out of his way to contact the members of the community and hold many, many meetings to give us all an opportunity, and I'm very, very grateful, in both residential and commercial alike. Chairman Winton: He doesn't get that compliment very often. Unidentified Speaker: Yeah, withhold compliments. Ms. Carpenter: You've been wonderful, Alex. Two very, very minor issues. On Page 15, Mr. Vilarello, there's a statement that says, "Traffic, aircraft and other transportation noise sources City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 and other ambient noise shall not be considered" And that kind of sounds like we could be excluding the famous motorcycles that prompted this ordinance in the first place. I'm not sure about the other transportation notices so I bring that to your attention to make sure that there's no loopholes. And number two, an item that we've been discussing from day one, Mr. Vilarello, is the fact that this clearly states that activities and events held in or upon any City -owned facility or City -owned property is excluded. The way that the City Attorney told us that he would deal with that -- because that directly affects concerts in Peacock Park that have shaken the foundations of Grove Towers and Mutiny, and Yacht Harbor right across, and actually even our condominium, which is several blocks away. Mr. Vilarello has indicated that the permitting forms from the City ofMiami will be modified to reflect those rules and regulations that will apply. And I just wanted to make sure to put that on the record so that if those permits do not get modified then we will have no teeth in this ordinance for the residential community. Mr. Vilarello: It'll simply require an amendment to the ordinance with regard to the Parks and Recreation Department and the conditions based on individuals who use our park facilities for concerts or other events. Ms. Carpenter: And is that something that you plan to do, sir? Mr. Vilarello: If the City Commission adopts this on final, second reading, certainly. I'll bring that to them -- Ms. Carpenter: Thank you very much. Mr. Vilarello: -- back in an ordinance. Chairman Winton: Thank you. Yes, sir. Alfonso Perez: Good afternoon. Good evening. For the record, my name is Alfonso J. Perez, Attorney, with offices at 283 Catalonia Avenue in Coral Gables. My home address is 5940 Southwest 87th Street in the City ofMiami. And, yes, I am an American citizen. Respectfully, Mr . Chairman, there are members of the Miami River Marine Group, the entity that I represent, that may want to defer their time to me because I think -- if you'll permit it only -- we would like to just tell you a couple of things that we have a problem with. Chairman Winton: Hold on on the -- if you're suggesting that you're going to speak on behalf of that group, I would be willing to give you 10 or 15 minutes, frankly. So -- Mr. Perez: Well, I'll do the best I can. I don't want to take away from people's time, but I'll be as brief as possible. Chairman Winton: Wait, wait, wait. I'm not going to allow you to speak 10 or 15 minutes and then everybody from the Marine Industry Group gets to come up and do their two minutes also. It's not going to work that way. Mr. Perez: No, you're -- no, Commissioner. That's not what I'm -- There are people here with their independent -- that don't belong to the Miami River Marine Group. Chairman Winton: Oh, no. OK, that's fine. Mr. Perez: They have every right -- Chairman Winton: No. I understand that then. Mr. Perez: -- to come to this forum, respectfully, and lay it out. By way of background -- City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Well, hold on. Before I do this, could I get a show of hands in the audience as to those of you who Mr. Perez may be representing? Show me your hands. ( UNINTELLIGIBLE). You can have 10 or 15 minutes. Thank you. Mr. Perez: By way of background -- but I fear losing credibility with you. I want you to know that an ordinance like this was fried in the City ofMiami Beach. And the reason I know that is because I was a special master. I was a judge. They call them special masters over there. And every time I was at these hearings, numbers of people would come and complain about noises from clubs. They're operating legitimate businesses in those clubs. I just want you to know that the City ofMiami Beach -- and I'm not saying that our City needs to do anything patterned after another City at all. I'm just telling you that they abandoned their noise ordinance in favor of the County's noise ordinance, which is Section 21-28 of the County ordinance, because, number one, they saved money, which is something that I believe Commissioner Regalado has talked about a little bit in the enforcement mechanism, which is going to be substantial. What you attempted to do in muffling motorcycles is going to affect, with all due respect, thousands and thousands of people with jobs in and around the Miami River, and hundreds of millions, if not billions of dollars in the rippling economic effect of the business on the river. And let me tell you why. The biggest problem we have -- one of the biggest problems we have with this ordinance is as follows : Hours of operation. We talked about hours of operation for the construction industry. I understand that. Construction workers during certain times. But hours of operation for us prohibiting certain noises which are inherent in our business -- We don't have a post office running there. We have an industrial business running there with forklifts lifting very heavy 40- foot metal containers on and off metal ships. We have to make a certain amount of noise. We are very sensitive to neighbors and we have people here that are neighbors of the 22nd Avenue location, which Commissioner Gonzalez is very, very keen on. And we meet with these people. We fry and do everything we can. We have all kinds of regulations that have been met with regards to the muffling. Let me tell you why it's important to address the issue of the hours of operation. By its very nature, the marine industry is a 24-hour industry. Ships come and go as the tide allows them to go. That's one thing we can't control; the shipment of goods on and off a ship. Other things that affect the hours of operation could be something as simple but as important as homeland security, immigration and customs. We, one of our members, ( UNINTELLIGIBLE) Marine, has gone so far as to build a federal facility on their terminal to house the DEA (Drug Enforcement Agency) agents and customs agents right on their port, their shipping port, just to be by the book. Someone suggested that we weren't operating by the book, and if you have those kinds of people in your backyard, you know you're doing it by the book. But those folks sometimes say, "No. Take that off. No. Don't ship that until I allow it." And we can't help that. And we want to cooperate with that type of activity because we want to run a clean business. That's the type of problem that we have with this ordinance. You're going to have a problem with all types of enforcement mechanisms that are going to burden your police, you're going to burden your Code people, not to mention the cost of it. And you're going to have problems with people being able to comply and run their business. It's inherent that certain amount of noise and it's inherent that certain amount of hours of operation take place in these types of businesses. Now when I hear people like Kelly Tractor, established in 1925 or Dick ( UNINTELLIGIBLE) business that was established in 1965, a foundation company concerned because it's going to have a rippling effect on their businesses if this inordinate burden on the shipping industry and the terminals and ports that are legitimately there on the river cannot operate at certain hours because they're getting cited constantly with noise violations. Another problem with the City ofMiami Beach noise ordinance, I dare say, is the fact it was very, very difficult notwithstanding how sophisticated some of these mechanisms and some of these measuring devices have become to measure ambient noise. The particular 22ndAvenue location that I talked to you about is a location that is right at a bridge. The amount of noise that emanates from cars going over the metal grating on that bridge is quite awesome. At all hours of the day and night. Cars and people don't know about a noise ordinance at eleven to six. They go over that bridge constantly. It's going to be extremely difficult to measure the ambient noise in and around that terminal at any hour of the day and night. And I'm not saying people that City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 abuse should not be cited, should not be criminally prosecuted. I dare say, respectfully, that you're going to do it better, cheaper, faster with a noise ordinance that is already in place by Metro -Dade. Those are some of the problems that we have with this noise ordinance. You know, it's become an emotional issue for a lot of people, Commissioners. There's a lot of people here that are very concerned about their jobs and the application of this. And they say to me `Mr. Perez, why don't you ask these Commissioners why there's an exemption within this noise ordinance at subsection J and paragraph 14", if you'll turn to it, where noise emanating from City -owned properties is somehow nicer noise, you know, it's nicer noise than -- Chairman Winton: I don't know how they get (INAUDIBLE) Mr. Perez: -- this guy's job or this guy's job unloading a metal container. All of a sudden, you know, that sort of stuff-- You know, and I don't have an answer, Commissioner, for that, you know. And I've got an answer -- I tried to get an answer from Mr. Vilarello and I comment -- and I echo the sentiments ofMaria Carpenter. Even during the FTAA (Free Trade Area of the Americas) we could reach him, which is unbelievable and I comment him -- commend him for that, but, you know, how do we explain to someone that fireworks in the Orange Bowl is more important than their jobs? I can't. I can't, sir. You know, right above that exemption, you have an exemption for vessels operating on waters. OK, let's take that. There's a Florida Statute that says a vessel that has been muffled by law, as required -- and we have our vessels muffled, as required by law -- that's traveling along this thing we call the Miami River, which has always been an industrial river, is exempt from this noise ordinance. Well, what is it doing? What does it do when it gets there? It's got to load and unload cargo. That's part of the operation of this vessel. That's the type of thing that I'm talking about of the seeming discriminatory nature of this noise ordinance. There was a draft, not authorized but we saw a draft of the marine industry being exempt, and that doesn't mean they could do anything they want. The County's noise ordinance doesn't say that. If you do a certain amount of noise, which is -- albeit, a threshold measurement of reasonableness much easier to prove than you having to have your guys come down, do a calibration of this and calibration of that, and lawyers making a lot of money before the Planning and Zoning Board. That's the problems that we see with this kind of situation. It's becoming an emotional issue because of some unfortunate comments that were made in the press about the legal standing of some people, whether they're operating businesses legitimately, or whether they should go to the Port ofMiami or not. They owned these businesses for generations. Who am I or who's anybody else to tell them you can't operate these businesses legitimately in the City ofMiami? I know that can't. I don't know if you can. And that's the problem we're having with some of these issues that are before you today, sir. Chairman Winton: And, in fact, at the end, I'll give you actually a little extra time to come back and make additional comments as we kind of wrap things up. OK And I'm sure there are others of you who aren't represented in the same group. If there are, I would appreciate it if y'all would just come to the microphone so we can move through this public hearing process as quickly as possible and move on. Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street in the City ofMiami. What am here also representing my good friend Dr. (UNINTELLIGIBLE) who live at 2101 Northwest 14th Street. His backyard is right by Antillean Marine there. Corporation that is on the River Drive and 22nd Avenue. And one thing I'd like to say, first, there have been -- Yesterday I was watching the news and see demonstrations there. But you know, that site is west of 27th Avenue in the County, in the Melrose neighborhood close to Team Metro right there. Why -- The County, according to the lawyer, he just mentioned, got the ordinance already that regulates that . They are in the County. That operation on 22nd Avenue got maybe, at the most, sometimes 20 working, four or five working. But you know, let me give you a little story on that. Sometimes for like two years ago, supposed to have meetings. The people came from Antillean Marine to the house of the (UNINTELLIGIBLE). I met there together and Dr. (UNINTELLIGIBLE). But there was no sad about (UNINTELLIGIBLE) there. No, they sent two hired guns there that made City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 no decision, just to go there. All right. You know, they were supposed -- one of the things we say was stop those generators in the bowel of the boat, or the ship that stay there for 14 days, 21 days, with the generation. No. That's good maybe in the Dominican Republic where over there where you can't get power lines. You can't put power lines and feed those ships there. No, they have the engine running day and night, day and night. They could care less about the neighbors. Dr. (UNINTELLIGIBLE) had called me Sunday morning before six in the morning they working already. Sunday morning. I would like allow -- if the owner are there they would allow that next to their home, neighbor. Oh, it's good for the neighbors there. Sure. That's a very arrogant attitude. That's what they doing. Chairman Winton: Mariano, your two minutes are up. Mr. Cruz: Well -- Chairman Winton: Thank you. Mr. Cruz: OK. Thank you. Chairman Winton: Thank you. Next. Mercedes Selick: Good evening, Mr. Chair, members of the Commission. Mercedes Selick with offices at 283 Catalonia Avenue. Commissioner Gonzalez: Excuse me a minute. Mr. Chairman. Chairman Winton: Yes. Commissioner Gonzalez: Let me tell you something. I have never interfered when you cut Mariano off or when you cut -- or when any of my fellow Commissioners cuts Mariano off. But today it's important that Mariano be heard because Mariano is here today representing the neighborhood next to the site. Chairman Winton: Well -- Commissioner Gonzalez: And if the other people are going to have 15 minutes and each one of them is going to have 20 minutes, and all the attorneys are going to have all the time they want -- Well, let me tell you. Attorneys, they have rights to speak as long as they want because they pay the lobbyist rate that the City imposed on them, but the citizens ofMiami also have the right to speak. Mr. Cruz: I'll be around here. Chairman Winton: Angel, I didn't say any of those things. Commissioner Gonzalez: No. Chairman Winton: I had no idea that he was representing anything. Commissioner Gonzalez: No, you didn't say those things. But you, you know, you limit Mariano Mr. Cruz: At one fifty-eight. Commissioner Gonzalez: Mariano is speaking as a resident of District 1. Mariano is representing Dr. (UNINTELLIGIBLE) who cannot be here. You know why? City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: I'm not a mind reader. Commissioner Gonzalez: Because the guy is on dialysis. The guy is on the oxygen and he cannot be here. Chairman Winton: You want to run this meeting? Commissioner Gonzalez: No, sir. I don't want to run the meeting. Chairman Winton: I'll leave. You can run the meeting. Commissioner Gonzalez: But you're limiting -- Chairman Winton: No. Commissioner Gonzalez: -- you're limiting my people to speak. Chairman Winton: I'm not a mind reader. I had no idea he was representing anybody. Mariano, comes to every damn meeting -- Commissioner Gonzalez: He said it. He said it at the beginning. Chairman Winton: He did -- Commissioner Gonzalez: Maybe you didn't understand him. Chairman Winton: He said he's representing a doctor. He didn't say -- Commissioner Gonzalez: Dr. (UNINTELLIGIBLE), who's a neighbor who represents the group that living in that neighborhood. Chairman Winton: Listen, I'll be glad to leave. You can run the damn meeting. Commissioner Gonzalez: No, I don't want to run the meeting. You know, my time will come when I run the meeting when I become the Chairman. Chairman Winton: I'm not a mind reader. Commissioner Gonzalez: He told you. Chairman Winton: I'm not a mind reader. No, he didn't. Mariano comes to every meeting -- and I'm not going to argue this with you publicly. He comes to every meeting and has something to say. I had no idea that he was -- If you would have told me, I would have been happy to let him stay up there for 10 minutes. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. Vice Chairman Teele: Mr. Chairman, I mean, just procedurally, I don't think it's necessary for any Commissioner -- I mean, you know, this -- Commissioner Gonzalez: You know what I'm going to do? I'm going to get out of the Chamber. Whenever we're ready to vote, I will make my statement and then I'll vote. City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Mr. Chairman. (APPLAUSE) Chairman Winton: Hey, hey, hey. No. I better not hear that again. I will tell you. I will tell you. Never again. That was maximum disrespect and it's not tolerated in here. You want to get -- you want to make sure that the vote goes against you, you pull that kind of disrespect in here again. That battle was between him and me, not between you guys and him. Vice Chairman Teele: Mr. Chairman, I was only going to say that think that the procedure, if any Commissioner wants someone to speak more, is just merely to say, I would move that the time for the gentleman be extended." And on behalf of Commissioner Gonzalez, I would move that the gentleman's time be extended. Chairman Winton: Which I'd be happy to do. Vice Chairman Teele: And so, Mr. Cruz. Mr. Cruz. Commissioner Regalado: No. I think -- I think -- I, you know, I understand what happened. What happened was Mariano speaks at every meeting and he has an opinion about every issue in the agenda. And it was -- Look, Mariano, I'll give you another two minutes in my TV (television) program. Mr. Cruz: I know. I know. I couldn't go today because I stayed too long at the VA (Veterans Administration), you know, but usually, I go. I have just only a few things to say more. One of the few things was first we have was the electric generators running all day and night. And Friday night, 10 p.m., the people working. Saturday night, 10 p -- I think they ( UNINTELLIGIBLE) -- I don't know every time is the tides, the tides, ebb tide or low whatever -- low tide, high tide, whatever. No. And also, one thing that the Commission have to have in mind first, the quality of life of the citizens and the taxpayers with the City ofMiami. I work at 14311 Biscayne Boulevard. I been -- I work North Miami Beach, North Miami, Biscayne Park, Miami Shores and (UNINTELLIGIBLE). But I've been locked out of City Hall there ifI go there to City Hall telling the City Commissioner of North Miami or Biscayne Park, North Miami Beach what to do there. So City Commission has to pay more attention to the people of the City ofMiami. Like you said, we have to withstand all these fiscal crises, and the fire fee, and all these things, all the things coming. And we are the ones that's taking Miami now to what it is now in a way because we stay here. I live in Miami for 35 years. Dr. (UNINTELLIGIBLE) live at his house since 1975. When he bought the property, everything was clean. He could get the breeze from the river, everything. Now, they got five, six containers stack high. He couldn't get any breeze. They even (UNINTELLIGIBLE) the frees that was supposed to build as a part of Class II permit there as a noise abatement (UNINTELLIGIBLE). No, they got the oak trees and all different trees there. They did that. I don't know why they did. You know why? Because they don't care. They don't live at Durham Park neighborhood. That's what it is. And (UNINTELLIGIBLE) -- Dr . (UNINTELLIGIBLE) being he's sick -- he just got a kidney transplant. He's in the medication for rejection, all that. So his white cells are really low and he can't be where people are. But he was in the paper today, in the Nuevo Herald. And he gave the address there 3101 Northwest 14 th Street. He's not scared. He's not scared because they're affecting his quality of life. Why? He bought that house there to retire to live there and like many neighbors there. I don't know if that's happening in other neighborhoods. That wouldn't be allowed in Coconut Grove, Grove Isle, or Coral Gables. Why they allow it there? I don't know why. So I am for the ordinance. And anyway, it's not going to affect Antillean Marine, the big part that's in the County already. Because there is just a little operation. I don't know what they use that in the way they use it because they have too much work at one place, or they (UNINTELLIGIBLE) for the people. And the main thing, I got to repeat it again. The people that was supposed to meet with the neighbors City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 and they never met again with the neighbors (UNINTELLIGIBLE). These happening today shouldn't be happening if you go to (UNINTELLIGIBLE). Remember Benito Juarez said, ( Comments in Spanish language). When you respect your neighbors' rights, that's peace. Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. Vice Chairman Teele: Could I ask a translator to come up and translate what he just said? You gave a quote but don't know -- Mr. Cruz: No. Benito Juarez say, el respecto, the respect to your neighbors' rights is peace. When you respect your neighbors -- Vice Chairman Teele: Say it in Spanish again because the translator -- Mr. Cruz: (Comments in Spanish language.) Chairman Winton: What he say? Mr. Cruz: You respect my neighbors. Vice Chairman Teele: Say it again. Say it one more time. Just -- Mr. Cruz: (Comments in Spanish language.) Vice Chairman Teele: And who said that? Commissioner Regalado: Benito what? Mr. Cruz: Benito Juarez, a Mexican patriot. Vice Chairman Teele: A Mexican patriot. Chairman Winton: Yeah. Vice Chairman Teele: OK Chairman Winton: I don't know where he -- Mr. Cruz: It's like (UNINTELLIGIBLE) say, the people that don't remember history are content to repeat the mistake of the past. And a lot of people doing mistake of the past. Chairman Winton: Yes, ma'am. Now, we are back to the two -minute rule, so --Andl will cut the next person off at the two -minute rule. You may start. Ms. Selick: Thank you, Mr. Chair, Commissioners. Mercedes Selick with offices at 283 Catalonia Avenue, second floor, Coral Gables, Florida, on behalf of Prestige Investments, the owner of the property located at 2199 Northwest South River Drive, the terminal that Mr. Cruz was referring to. For the record, back in 1991, when this property was developed as a terminal, prior to which, it had been a marine storage boatyard, the then current owners were required to send out certified letters to all of the neighbors in the neighborhood, which would have included Dr. (UNINTELLIGIBLE), since he's been residing at his property since 1975, in order to allow for the development of the property as a terminal facility. No objections were had back then, and only recently have objections occurred now. I won't take my time to answer Mr. Cruz, City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 although, if the Commission permits it, I might if you would extend my time later. First of all, apologies from the maritime and industrial industry sitting in the audience. You were having a battle with Commissioner Gonzalez. They've been having a battle with Commissioner Gonzalez as well, sir, and that is why -- the outburst of the moment. Quick points with respect to the noise ordinance, gentlemen. The marine industry feels that it is being inordinately impacted as a result of the applications of the ordinance, precisely because of issues of tide, issues of the way the river has been constructed. The 5th Street bridge is an incredible inconvenience and we still have approximately seven years down the road before Department of Transportation, Army Corps of Engineers, and others fix that problem. The bridge at 5th Street bottlenecks the river, which creates great problems in bringing boats in and out of-- vessels in and out of the river on a timely basis, both with the tides as well as with the level of the river. Dredging is going to improve that for the outgoing tide, but it doesn't necessarily make it any better for the incoming tide when you have to bring a boat in with the incoming tide and you lose hours waiting for the river to fill up at the current time. The other issue that we face as a result of the noise ordinance in the hourly restrictions is the fact that the harbor pilots that have to take the boats -- the vessels out once they've crossed a certain point of the river are under certain restrictions and time frames that they have to follow. And that also creates issues for the various entities along the river that do this type of work. Chairman Winton: Thank you. Vice Chairman Teele: May I ask a question? Chairman Winton: Yes, you may. Vice Chairman Teele: Are you saying that the tugboats would exceed the noise? Ms. Selick: No. The tugboats won't necessarily exceed the noise, sir. Vice Chairman Teele: When you said the river pilots have to take the boats out, how does that relate to the noise ordinance? Ms. Selick: It's a matter of -- Commissioner Teele, it's a matter of when you're loading a major vessel, in terms of the cargo loading and unloading and preparing -- It's a fine-tuned orchestration of time. Vessels come in; they have to be unloaded and then they have to be reloaded. That process, in a perfect world, would take 10 to 12 hours, and that's God picking the containers off and carefully and gently placing them on the ground, three high, as required by your ordinance. However, in an imperfect world, it generally takes 16 to 18 hours and you're dealing with loads of federal agencies that come in to review boats, vessels, prior to their being unloaded, which include customs, DEA, immigration, et cetera, as well as in the unloading of the vessel and then the reloading of the vessel. By that point in time, you have to take into consideration where the tide is, whether or not the boat can leave at that point in time, and what scheduling requirements you're supposed to meet. And then you take into consideration as well, once the tugs have eventually gotten it out, because you're at high tide and you can take it out, whether or not the harbor pilots are available in order to take the boat, the vessel out the rest of the way that they need to be present pursuant to federal law. And therein lies the issues -- it's domino effect of time, sir. Chairman Winton: Thank you. Ms. Selick: Commissioner Winton, excuse me. IfI may, at the end, if there's any rebuttal, I would be allowed a few minutes for that, too. Chairman Winton: You know, I don't know. I've got -- I'm trying to sort through who raised their hand and didn't raise their hand. City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Selick: I'm not part of the Miami River Marine Group, sir. I'm Prestige Investments, the owner of the terminal at 22nd Avenue, which was brought into question by Mr. Cruz. So I'm a separate entity. Vice Chairman Teele: Did you submit to the record a copy of the letter that you all said you sent out in what, 1975? Ms. Selick: No, sir. That wasn't -- it wasn't my client who submitted those letters. Mr. Jerry Yoham and Mr. Bruce Sugar who were the developers of the terminal had to submit those. Those should be in the Department of Planning and Zoning's files for the property. But certified letters were required in order to be able to develop the terminal. Vice Chairman Teele: Thank you. Ms. Selick: You're welcome. Chairman Winton: Yes, sir. Munie Mourra: Yes. Good evening, everybody. My name is Munie Mourra. I am the president of River Terminal of the terminal that is basically raising all these questions here. The river is not operated by -- Chairman Winton: You're the operator of the terminal -- Mr. Mourra: Terminal. Chairman Winton: -- that -- the one that is -- Mr. Mourra: That is -- Chairman Winton: -- adjacent to the residential neighborhood? Mr. Mourra: That is correct, sir. Chairman Winton: OK. Mr. Mourra: Andl send my respects to Dr. Gonzalez (INAUDIBLE). But the situation is I've heard some comments being made (UNINTELLIGIBLE) and I feel, because I'm a very humane person. The terminal doesn't operate at the times they have mentioned. We rarely operate at night. And mentioning that we operated on Saturday night, Sunday nights, that the doctor called him, with all due respect, sir, this is totally not true because there was no vessel operating in that terminal during that time. Now, with respect to that, we had made very careful to work on times that are very decent for the neighbors. But the situation that really puzzles me in that, and I think that the Commissioners need to know. I'm an engineer by trade. I'm in the marine industry . We load and offload vessels. We're regulated by federal agencies. But think one thing that a lot of people fail to point out is that we talk about tides. We talk about tugs. We talk about everything, but the problem is you can't have a vessel loaded and sit on the river and face low tide all the time. Because what you're going to have is a vessel that is sitting on the floor, laying down on the sides, and creating damage, and potentially, become a -- can be a problem ( UNINTELLIGIBLE) coast guard. So if we actually are spending money getting this river dredged on behalf of the Miami River Group, on behalf of this marine industry, I fail to understand why is it now that we want to kill it. Because people think that you can just actually operate from let's say, seven to seven, but you not -- can't operate at that time. Sometimes you have to work late at night. Sometime in the morning. We do not ask for us to be -- have a blind City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 eye. But we all ask -- Chairman Winton: Your two minutes are up. Mr. Mourra: Thank you. But ifI can close, just ifI ask is that we do have sometimes some leeway to operate the industry that provided this prosperous City ofMiami. Thank you. Chairman Winton: And I do have a question for you because I didn't understand -- it seemed inconsistent. You said you never operate on Saturdays and Sundays. And I thought you said that you seldom operate at night. Mr. Mourra: That is correct. That terminal, which I operate, operates sometime at night, but not like the gentleman is mentioning. Because he mentioned that this weekend we were operating. We did not. I like to have the facts to be straight. Sometimes we have to operate on Saturdays. Sometimes we have to operate on Sundays. But it is not every Saturday or every Sunday, like he was making it a total nuisance. That's my comment. Chairman Winton: Yes, sir. Eddy Fernandez (as translated by Ondina Suarez, official interpreter): My name is Eddy Fernandez, 2095 Northwest 14th Street is my address. I live to the house right next to Aris Zalaya. I don't know. (UNINTELLIGIBLE). The noise that they make does not bother me and my bedroom is right adjacent to the fence that divides the properties. Actually, we feel safer with those people there in the property there. The noise is not every single day and it is not at all times. We know that Zalaya is ill but he is living with his eyes on everything that has to do with our lives, however. What we would like to say is that we are not in favor of having these people's hours cut down on work because they really don't bother us. Quite the contrary, they help the neighborhood. Vice Chairman Teele: Who does he live next to? Ondina Suarez (official interpreter): He saidHr. Zalaya, Dr. Zalaya. Mr. Fernandez: I really don't know what this is all about. They really have never bothered us. And my father-in-law actually is the oldest one in the neighborhood, and nothing seems to bother him, none of this. And he's also ill, by the way. So I really don't know. Vice Chairman Winton: Thank you. Yes, sir. Bob Weite: Good evening. My name is Bob Weite. I live at 517 Northwest South River Drive, directly on the Miami River. I run a business called Twin Star Marine Industry. We perform commercial diving activities on the Miami River, marine repair, and maintenance. I'm very happy to see Mr. Gonzalez back in the room. Thank you very much for coming back. I apologize for any outbursts from any of my colleagues and will severely reprimand them at the end of this meeting. I also witnessed today politics tempered with common sense. Mr. Teele, Mr. Winton, I want to say thank you very much because up until then, my confidence in the political system was waning. Today it's been rejuvenated and I do thank you very, very much. The marine industry -- the maritime industry has a long and honorable history. People that govern themselves. People that work hard. We have been accused in the media of being a rough trade. Yes, sir, we are. We are a rough bunch. But we are the bunch that's responsible for bringing your cargo into the country. We're the bunch responsible for shipping it out. We're responsible for a vital part and a vital part of the history of the United States ofAmerica. I'm an American citizen. I speak fluent Spanish as well as any of you and would enjoy the opportunity to perform that for you. I also speak Creole as a member of the community. We perform emergency repairs 24 hours a day. To do that, we need machinery. We need people. And, unfortunately, working City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 with vessels, there's quite a bit of noise. I would ask you, please, to consider diligently and carefully your decision. Because in the event that you make a decision against us, you'll be hurting a big community. You'll be jeopardizing vessels that need those repairs, that need those maintenance operations on a 24-hour basis. Time and tide waits for no man. I didn't invent that . Somebody else did. I only wish I could remember their name. Thank you very much for your time. Vice Chairman Teele: Probably a Viking in about 812. Mr. Weite: Very good, Mr. Teele, and thank you. Fran Bohnsack: I'm asking special permission because I am with the Miami River Marine Group. Could I just have two minutes? Chairman Winton: How about one, since I gave 15 to your representative, Fran? Ms. Bohnsack: I'll fry to speak quickly. I just want to let you know about some things that you may not be aware of. My name is Fran Bohnsack. I work for the Miami River Marine Group, which is at 3033 Northwest North River Drive. I also live in South Miami, 5700 Southwest 67th Avenue. I wanted you to know that during the past week when all the attention was put on the FTAA and everybody was terribly worried about security issues, that we, as a river community, made a contribution really at our expense to help the City in making their security successful. And that contribution has to do with a grant that we got from Homeland Security for over a million dollars ($1, 000, 000) that would put cameras on the river. We were able to -- We haven't drawn down any of that money yet, but we were able to put up four cameras that were beamed to the Coast Guard vessel that all of the City ofMiami police and the Miami -Dade police and the Marine Patrol had access to in order to our part to make the river more secure. Having said that, and having thought about the FTAA and its emphasis on jobs and what it would mean for our local community, I find it ironic that we're about to jeopardize what is recognized as the fourth largest port in the state of Florida by the Journal of Commerce, by the Florida Shipper, and by the American Shipper. If we choke off that trade, the unique niche that is the only port that the City ofMiami has, the only port that serves the majority of ports, which are shallow water, will be gone if this ordinance is passed in this form. Thank you for allowing me. Chairman Winton: Thank you. Yes, sir. Eric Bodin: Eric Bodin, Greater Miami River Foundation, 1529 Northwest South River Drive. My wife and I live on the Miami River and we also run our foundation out of there. Our mandate is to preserve, promote and protect the Greater Miami River area. One of the things that we do on a regular basis is travel up and down the river on our little boat. And many of the pilots know. You've seen me on the river. And we just -- being good neighbors and seeing what's going on. We have absolutely no problem with the marine industry on the Miami River. They are good neighbors. They monitor themselves. They keep good sound abatement as best they can. And we'd like to have them continue in that operation. Lucia Dougherty: Good evening. Again, Mr. Chairman, members of the board, Lucia Dougherty, 808 Brickell Key Drive, City ofMiami. I represent two different industries, both affected by this ordinance in a very drastic way. One is Rinker Marine -- excuse me -- Rinker Construction Industries, which have two concrete batch plants in the City ofMiami, both of which operate on a 24-hour a day basis when they are in operation. As you all probably know, when you need construction of concrete, the concrete has to be fresh. They have to be run literally 24 hours a day. Under this ordinance, we would be in violation at all times. The second industry that I represent is the consfruction industry that wants to construct in downtown Miami. This ordinance is very laudable. What it basically is saying is that we don't want our neighbors - - we don't want our residences who are frying to sleep be awoken by consfruction or industry City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 noises. Well, what I'm suggesting to you is, notwithstanding, the fact that there aren't any residences in some of these -- well, in two of the areas that I'm talking about, your ordinance affects them. I live on Brickell Key. There is a consfruction of a building going on there continuously since I've moved in. There have been actually three buildings built since I've moved in and since in 1999. What I want to make sure is those buildings are built as quickly as possible. And I also don't want the consfruction workers coming when I'm going, and going when I'm coming. This ordinance places them on that island the same day, the same time as I'm leaving, they're coming in. Same day as I'm leaving, they're leaving. So what I'm suggesting is that some tweaking of this ordinance needs to occur. But in the meantime, what I would ask is that I be able to talk about some of those issues because, truthfully, if you're working inside of a big building, you're not going to have any noise anyway. You want the workers inside. You don't want them waiting outside for the building to open up. So if you could allow me to work with your City Attorney between first and second reading on those kinds of issues. I would also ask that you pass an amendment that says basically that this ordinance would not be applicable to industrial or consfruction noises that emanate from a source in excess of 200 feet from an R-1, R-2, R-3, or R-4 district. So, in other words, if there aren't residences around there within 200 feet, that this ordinance wouldn't be applicable. And we'd ask that you consider that in this first reading. Chairman Winton: Thank you. Anyone else? Brett Bibeau: Good evening, honorable Commissioners. My name is Brett Bibeau. I'm the managing director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway. In addition, I'm a homeowner at 1263 Southwest 18th Street in the City ofMiami. I am here to provide you with the Miami River Commission's official statement requested in City resolution 00-320, regarding this agenda item, which impacts the Miami River. The Miami River Commission strongly recommends amending the proposed noise ordinance to provide for a further exemption of the Miami River dredging project. To be more specific, the Army Corps of Project Officers stated this provision would double the cost of the project, and most likely, make the project fiscally unfeasible. For your information, on November 18th, 2003, the US (United States) Army Corps of Engineers closed bidding on the request for proposals for the dredging project, which is now scheduled to commence between March and July of 2004. The proposal allows for dredging to occur 24 hours per day, seven days per week, and this is standard operating procedure for all Corps dredging projects. The Miami River Commission is extremely appreciative of the exemption that has been inserted in the first reading of the ordinance tonight, but that only relates to Chapter 10 under construction. There is no exemption under Chapter 36, which is in -- related to noise. So, hypothetically, any resident, as the dredger proceeds down the river, could call and say that this dredging is causing too much noise and could derail the project. So, although it is wonderful that the exemption is related to Chapter 10 in relation to construction, there is no exemption in relation to Chapter 36, by my understanding of the new ordinance, in related to noise. And, therefore, we would ask, respectfully, for the City to also amend the Miami River dredging project under Chapter 36. Mr. Vilarello: The ordinance approved on first reading and the one that I'm recommending both repeal Chapter 36 in its entirety, so there's no conflict. Mr. Bibeau: Wonderful . Thank you. In addition, the Miami River Commission, on November 3 rd, 2003, passed a unanimous resolution fully supporting the waiver to the marine industry, and I will not go further in because I would just be repetitive as to the need for the river industry to have 24-hour shipping operations, that is, as it is tied as the fourth largest port in the state. And I thank you very much for your time. Chairman Winton: Thank you. Anyone else? Mr. Perez: Thank you very much for the opportunity for rebuttal. And welcome back, City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez. I look forward to a day where I can have a one on one with Commissioner Gonzalez and talk to him about our reaching out to the particular gentleman that seems to have caused a lot of the friction, if you will, between the parties here, and that's Dr. Zalaya, who couldn't be here and the gentleman representing him here today. I want to, with the few minutes that I have left, I want you to -- I want to read to you two paragraphs. Chairman Winton: Hold on. Vice Chairman Teele: I know you didn't mean it that way, but you should para -- given his state of health, you should paraphrase that a little. I don't think he caused friction by expressing -- Mr. Perez: No. I didn't mean he did. But apparently there's been a focus on his particular problem. And I didn't -- And forgive me for interrupting you, Commissioner Teele. I didn't mean he caused friction, but his particular case has caused a great deal of friction and animosity between the parties unnecessarily -- Vice Chairman Teele: I just -- I mean, I think he's a very important person in our community. Mr. Perez: Absolutely. Vice Chairman Teele: Respected, and I just don't think we ought to personalize this in any way relating to him or anybody else. I think it just makes getting the eventual consensus a lot harder. But you're an outstanding lawyer and I know you understand what I'm trying to -- Mr. Perez: Yes, sir. And I just wanted you to know that we've reached out and tried to meet as we did with his neighbor who came down here today to talk. He lives right next door. I look forward to the day we can meet with him and work through some of these issues. One of the things that I wanted to do today is, again, talk about -- by not repeating myself -- but talk about the importance of the Miami River and the marine industry. I'm going to read to you a couple of paragraphs. It's only going to take a minute. "Whereas, the Miami River, an extremely vital economic resource of the City ofMiami and all South Florida requires wholesale dredging along its entire length to maintain and improve navigation; and, whereas, the dredging of the Miami River will enhance commerce, bring added revenue to local businesses involved in the shipping trade, marine repair, and related services and will increase the value of properties located along the Miami River; whereas, Miami -Dade County has conditionally agreed to service the local sponsor of the project provided the state of Florida and the City ofMiami contribute the remaining non-federal funds." That is your particular ordinance requesting the federal government to fund sixty-six million dollars ($66, 000, 000) for the dredging, which is now here, and it wasn't to construct condominiums with a 20-foot runabout in the back. It's to enhance these people's business because of the vital economic impact. Please study this more carefully because you are unwittingly, I dare say, affecting the livelihood of many, many people in this marine industry. We are happy to meet with any additional neighbors. Having served on boards and being on that side of the dais on several occasions, I know the importance of that and I respect that. The image that Miami's trying to promote internationally through the FTAA efforts that we undertook is that we're a national -- international trade city. And here we are adversely affecting one of the components. Thank you very much for your time. Chairman Winton: Thank you. We're going to close the public hearing. And Commissioner Gonzalez, I will allow you the opportunity to speak first. Commissioner Gonzalez: Thank you, Mr. Chairman. I wonder how many of the real laborers that are here this afternoon speak English. And I wish -- OK. So those of you that speak English can translate to the ones that don't speak English. Let me tell you where I come from. I come from a very poor family. I was one of the exceptions from Cuba that was not reached. Because in the 1960's and the 1970's, every Cuban that arrived in Miami owned three central -- three City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 sugar mills, and they owned four buildings, and they owned two tunnels, and they owned the capital. Well, I was not. I was one of the disadvantaged Cubans. All I have done in this country for 44 years is work very hard at one and two jobs, and go to school at night to better myself and to be able to serve my fellow citizens. I used to drive a tow truck. I drove a rig for two and a half years. And I transport my cargo from FEC (Florida East Coast) terminal to the Port of Miami, and from the Port ofMiami to Orlando, Jacksonville, Tampa, and even North and South Carolina. I spend nights on the highway driving so I know the kind of work that you people do. And I'm not talking about the blue-collar employees that make fifty thousand, sixty thousand a year. I'm talking about the guys that make seven dollars ($7) an hour. I will never -- I will never support any ordinance, any law or any regulation that will prohibit you from making an earning, a decent living for you and your families. I'm not opposed to the marine industry. I don't have a problem with ships coming in and out the river at any time during the 24 hours that the day have, or the seven days that the week has. What I do oppose is not letting other citizens and other residents of my district have a peaceable night with their families. The ones -- the one that gets the calls at 6 a.m. in the morning and at 11:30 at night at my home is me from the residents that I represent. The attorney representing Antillean Marine talk about emotional -- the emotional aspect to the employees. Well, let me tell you. You should hear the emotional effect on the people that are disturbed because of the unnecessary noise. We're not talking about laying offpeople. The site on 22ndAvenue -- and let me tell you. Igo by 22ndAvenue and 14th Street probably eight and ten times a day going north and south, and I see the operation every day and every night. The most that I have seen working there is 20, 25 people whenever you're loading ships and unloading ships. When there is no loading and unloading going on at this site, all you see is a guard at the gate and two or three people walking inside the yard -- the container yard. So I know the facility. I know the place. I've been there during the daytime. I've been there at night. I've been there when I get the calls from my constituents, the people that I represent in my district. To clear the air -- and I made this statement before -- to clear the air, the bad faith, the negative propaganda, and the defamation, and the lies that have been put out there, let me say you -- let me tell you that this is a City ofMiami and the City administration ordinance, which I support, but it's not the Angel Gonzalez ordinance, as has been said to the press. And it has been publicized. This ordinance do not stop navigation. And I don't support this ordinance because it address the Antillean Marine problem. I support this ordinance because it's going to address many, many other problems. Antillean Marine noise is not the only problem in my district. I have bars that play music so loud thatyou can hear the music two blocks away. And I get, once again, I get the calls in my cell number and at my home. And I have to call that City Manager and ask that City Manager to call the Police Department, and to send the Police Department to these places. And we do it once, and we have do it twice, and we have to do it three and four times a week, and the thing continues. We have carpentry shops. We have body shops. We have all these type of businesses that instead of running the business next to a neighborhood with the door closed, they leave the door open, the windows open. They don't care. If you can't sleep, that's your problem. I'm making money and that's what's important to me. I don't care if you're sick. I don't care if your mother is dying in bed or your father is dying in bed. I don't care if your kid is sick. I'm making my money and that's what counts to me. Your quality of life, I don't care about your quality of life. That's your problem. The only thing that we are objecting is the loading and unloading after hours. We don't have a problem with the ships coming in and going out. I understand the tides. I know that it is the high tide and the low tide, and thatyou have to run the ships according to tides. I understand that. And I don't have a problem with navigation. Once again, I do have a problem when my neighbors call me and they put the phone on the air and they tell me, "Commissioner, listen to this." And I'm listening to the noise at 10: 30 p.m. and at 6:30 in the morning on a Sunday or on a Saturday. And they ask me, "What are you going to do about it? You're supposed to represent me. You're supposed to represent us. What are you going to do about it?" There isn't much I can do. All I can do is call the Manager once again. Call him at home because if I'm woke up at 6:30 in the morning, he needs to be woke up at 6:30 in the morning. And the Chief of Police is going to get wake up at 6:30 in the morning. This ordinance is directed to improve the quality of life across the City ofMiami. There should be no distinction between one area in the City of City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Miami because privileged people live in that area and poor neighborhoods. We're all citizens of the same city. As the Mayor says, one Miami -- one City, one Miami, one future. We all deserve respect and we all should have the same right. Living in Allapattah or living in West Little Havana doesn't mean that we have to put up with things that other people don't want to put up with in other neighborhoods. And let me tell you. They are right. They're one hundred percent right and I applaud them. They are one hundred percent right and they have the right to have a decent life. They have the right to have -- to be able to rest and to enjoy their leisure hours as anybody else, and I applaud them. I'm ready and willing to defend and fight for the rights of my residents, and to take whatever criticism. We public officials are exposed to applause and criticism. Sometimes you're going to get applauded. Sometimes you're going to be criticized. That goes with the job and I'm used to it. Andl can take it andl can handle it. It's going to take a lot to change our City. And I was talking to my City Manager who I respect a lot, same as my colleagues, we are on the move, with the leadership of the Mayor of the City ofMiami, Manny Diaz, and these Commissioners to change the image of the City ofMiami, and to make the City ofMiami a first-class City in the United States. It's going to take a lot of courage to do that. So people are going to be afraid of the oppositions and people are going to be afraid of losing their office. Let me tell you. I'm not. I got elected to represent my district. I was elected to bring the same standards to my district. And I'm going to work hard and I'm going to work for the entire City ofMiami, and I'm going to support whatever I consider that it is for the betterment of the entire City ofMiami and its residents, and its taxpayers, its businesses and everybody that contributes to the City ofMiami. With building industry, I have no problem with building industry. There should be hours to work and hours to rest. And everybody should have the right to do that. I thank you for being here. I thank you for thinking different than me. It's good to have opposition. It's good to have discussion. It's good to have arguments. And let me tell you. I don't feel offended by the signs that were displayed yesterday across the street from my office. I don't feel offended by the statements that have been made on the radio. I don't feel offended by anything. I'm here to do a job. I was elected to do a job and I'm going to fry to do the best that can in the term that my citizens have given me in the past election. Thank you and God bless you all. Chairman Winton: Yes, sir, Commissioner Teele, and then Commissioner Regalado. Vice Chairman Teele: If we were in a restaurant or a club, this would be notice that it's about over. So I guess we need to be getting out of here as the lights keep going up and down. Mr. Chairman, I want to join my colleague, Commissioner Angel Gonzalez, in commending all of you all for coming down and expressing your views. And I particularly want to wish the doctor Godspeed and to be encouraged. Because, I think, you know, part of what we're trying to celebrate in this country is the freedom of expression. I have somewhat of a transportation background. And, Mr. Perez and some of the other lawyers, will recall when I served on the County Commission. Under great pressure, I voted against the conversion of the Homestead Airforce Base into a development. And the reason that did is they were proposing some astronomical number, 20, 30,000 houses, homes to be built on the Homestead base. And while the business deal was great -- it was a great deal for the County. It would have created a lot of jobs. My concern was 20 years from then, as the airport is continuing to operate, what are those homeowners going to be saying? I just wish 25 or 30 years ago, the City ofMiami had put almost an overlay along this river and created a no development zone. And I have angered my colleague, Commissioner Gonzalez, several times because I have generally fried to support not building anything else along the Miami River because all we're doing is, on one end, we listen to the pressures of the development to build. Just give us this, and it's going to get bigger -- the pressure's going to get greater with the dredging because the dredging's going to make the river cleaner and pretty and people are going to want to be there and all of that. And property values are going to go up. And these guys that run these marinas don't make a lot of money on the property. It's sort of like a farm. You make your money when you sell it. So we're creating a dilemma. And I think this is an opportunity for all of us to pause and think not about just what we're talking about tonight, but the next time a project or a development comes on that river. City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 And I don't think we can start picking on development. But we need a comprehensive solution to protect not where we are today, but children yet unborn. Because it's really not fair in a lot of ways to continue to develop and to accede to the pressures of development along that river, and then have to deal with the problems of the impact of how it's going to displace people that are there. I am very troubled by anything that changes the status quo along the river from where we are today. And in my judgment, somehow we need to grandfather in the maritime uses that are there and not continue to yield to the pressures of development. Because we'll do is wind up making the problem bigger and bigger for us. It's sort of a Catch-22 that we find ourselves going in. And I don't know -- Commissioner Winton, you were somewhat sympathetic in terms of these issues not as it relates to the noise, but as it relates to the development. Because you echoed at one point some concern that we're building this pressure. Mr. Manager, I'm telling you. Once they dredge this river, you're going to see developers all over this place coming in and the pressure's going to get greater. Now, you all are making it very hard, Angel, with some of your comments for me, personally, because I live on the Miami River. My headboard of my bed is on the Miami River. There is not 25 yards between my house and the river. Isn't that right, Mr. Flowers? Is that about right? You live there, too. Right there on 12th Avenue, off of 12th Avenue at (UNINTELLIGIBLE) before you get to the Travelodge, right on the river. Those tugboats -- I wish somebody could put hush kits on them. I mean, you talk about noise, Angel, those tugboats, when tide is low and they're coming in, not at 6:30 and 7:30, but at 1 a.m. in the morning. But that's a part of living on the river. You can't have the river -- the beauty of the river without not having the noise of the river. And I say you're making it hard for me because my wife is always complaining about the noise. And I say, "Honey, it's nothing we can do about that." Now, you talking about you calling the Manager. Mr. Manager, the next woman that calls you at 6:30 in the morning is probably going to be my wife to complain about the river because I told her there's nothing we can do. So, we're having -- I mean, this is an internal kind of issue that we're frying to deal with. I would appeal to the lawyers and the business owners, and especially, the very well --Miami River Commission to see if there's some way we can -- as we go to second reading -- if there's some way we can carve out some -- Chairman Winton: Some sort of new language. Vice Chairman Teele: -- some sort of new language, some modifications. You know, I'm thinking about the circumstances -- the gentleman gets up here and says that, you know, he's in the business, literally, of servicing 24 hours a day. And they bring in a boat or pull in a yacht or something that needs to go out, you know. Do you just sort of say, well, there's nothing we can do because we got an ordinance or is there some way you can apply for a waiver and do certain jobs on the river? I don't know what the answer is butl can tell you this. We're going to slowly kill an industry with no real quid pro quo. I mean, we're just sort of doing it as a result of unintended consequences. Maybe we ought to try to find an area on the river and create a zone, a maintenance zone. Maybe that's sort of the answer. I don't know. If the history in the agriculture area is any different, though, I can tell you this. When these people that own these companies decide -- or their children, more likely, or grandchildren decide grandpop didn't know what he was doing. He isn't around now. Let's sell the business and make the money. So, what happens then, of course, is that the people who own the businesses now want to convert these maintenance areas into residential or some type of commercial area. So we've got to look at all of that. I don't think this noise ordinance is really a comprehensive solution. That's my concern. I think it really is yielding to some of the immediate pressures of the noise, but think we're going to wind up both running an industry out, and at the same time not really solving the problem that we're frying to solve. So, Mr. Chairman and Commissioner Gonzalez, I would hope that we could all keep an open mind and see if there are some ways that we can amend this ordinance to make it better. Mr. Attorney, I know you've worked long and hard and I don't mean at all to suggest that you've not -- Commissioner Gonzalez: Commissioner Teele. City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Yes, sir. Commissioner Gonzalez: Would you yield? In answer to what you just said, this is a consequence of past governments in this City and past administrations in this City. I don't want to name names. There are people here that know what politicians I'm referring about and what administrators I'm referring about, and this is a direct consequence of those types of dealings that make us today make tough decisions. The neighborhood came before the marine site. The marine site didn't come before and the neighborhood after. It was the neighborhood before. The people that lives in that neighborhood that been living there for 50-some years that I have talked to. Anglos. West of 27th Avenue, there is some there that you have I don't know how many of these businesses and they don't bother anybody because that's an indusfrial, it's a total industrial site. It's a total industrial area. Vice Chairman Teele: You're saying west of -- Chairman Winton: Twenty-seventh. Commissioner Gonzalez: West of 27th Avenue -- Vice Chairman Teele: -- of 27th. Commissioner Gonzalez: -- between 27th Avenue and Miami Jai Alai, you got I don't know how many of these yards there. And you see (rucks loading and unloading. Chairman Winton: Day and night. Day and night. Commissioner Gonzalez: As a matter of fact, when I used to drive a truck -- Vice Chairman Teele: (UNINTELLIGIBLE) is between 22nd and 27th, aren't they? Commissioner Gonzalez: No. They have different sites. They have sites between 27th Avenue and Okeechobee Road on 20th Street, the extension of 20th Street, between 27th Avenue and the Miami Jai Alai. I used to make deliveries there with my rig. Vice Chairman Teele: Does this ordinance apply to the area that you say is industrial? Commissioner Regalado: No, that's County. Commissioner Gonzalez: No. Commissioner Regalado: That's Melrose. Commissioner Gonzalez: That's County. There are some other areas in the river between 12th Avenue and 8th Avenue that is strictly industrial. Nobody's complaining over there because it's industrial. There's nobody to complain. The only problem is in this specific place. And nobody wants to shut down -- I don't want to shut down the business. I don't want the business to close down. I don't want the business to disappear. I want the business to remain. I want the business to continue to do business. But there has to be some control on the operation. That's all. Vice Chairman Teele: You've raised a very interesting point. Mr. Attorney, does this ordinance relate to indusfrial areas? Mr. Vilarello: Yes. Chairman Winton: Then it needs to be modified. City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Well, well, hold it. Hold it. If it relates to industrial areas, why don't we - - Do we have an industrial map? Do we have a map that shows us how it's zoned? Maybe the answer is what I said. We ought to grandfather those areas that have already been zoned industrial, if what Commissioner Gonzalez -- picking up on what Commissioner Gonzalez said. Do we have any areas zoned industrial along the Miami River? Mr. Vilarello: Certainly. The issue comes -- related to the property that's adjacent to the doctor's residential neighborhood. And we're currently in litigation on whether or not that use is appropriate under those circumstances. The Code -- Vice Chairman Teele: I didn't ask about the appropriate. How is it zoned? Mr. Vilarello: SD-4 is what I'm being told. I don't recall off the top of my head. Vice Chairman Teele: Is that industrial? Well, I mean, look, we can't make the decision here today. I'm only trying to throw out some concept that maybe -- Because, I mean, I could support if some -- I'll yield. Chairman Winton: I've got some thoughts about this and I want to echo some things that Commissioner Gonzalez says because I understand. I've worked with him constantly now for two years. So we understand each other even if we both have this little temper that gets going and we do our little dance and then we're friends again. That's how it works. Commissioner Gonzalez: It's gone already. Chairman Winton: That's right. It's gone. And I have a great deal of respect for him. And his point is quite clear to me and that is that -- Vice Chairman Teele: You do know that all four of your tires are flat. Chairman Winton: Well, that's why he's still mad. He's not mad anymore. But his focus, as it relates to this noise ordinance, relates to one thing and one thing only. It doesn't have a damn thing to do with the river. It has to do with one operation -- I don't know what they had -- the name of it. But it was the -- but it's the operation at 22nd Avenue, which where Commissioner Teele says that's a classic example of government really screwing up. Because that neighborhood, by the way, was there first before it became a yard that dealt with containers. And so, there's one more -- one more -- yes, in R-1. That should never, ever, ever -- I don't give a hoot how it happened -- it should never have happened. I mean, that's just god -awful public policy that we will deal with over time. What we've done here --And so, that's his issue. He doesn't want to shut down the marine industry. I don't want to shut down the marine industry. None of us want to shut down the marine -- In fact, we're going to go -- we're going to do everything in our power to make sure this ordinance is going to get modified. We are not here to destroy the marine industry, end of story. End of story. We are going to modify this ordinance. And I do have a suggestion. And my suggestion -- But y'all are going to have to do something here. I don't know what it is. You're going to have to think about it. But I do have a suggestion. And that is that the Manager, you're responsible for forming a small committee. That committee has to have people from the industrial area like Rinker Material, from the construction industry, which, Lucia, you can help us bring to the table both of those, and the marine industry, to re - look both the draft of the ordinance we're looking at and to review the County ordinance to see and make some determination which way we ought to go on this. Because, you know, when we started on this, Commissioner Regalado and I, it was about motorcycles and boom boxes and it's gotten all out of hand. We don't want it to be out of hand. He doesn't want it to be out of hand. We don't. So I'm going to suggest we do form this committee and you got to get flexible people that are willing to compromise and think things through so that we can come up with the right City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 answer at the end of the day. There's no big rush on this thing. Now, that said, you all have one more challenge. You got to fix the problem at 22nd Avenue. Because I will tell you, if that operation was in my district, which is what he talked about, wealthy people, you think -- First of all, it would never have gotten there. Under no circumstance in 1990's -- what did y'all tell me, 1990, that the Commission voted to allow that change of use from boat repair to -- what was the year? Ms. Selick: Commissioner, in 1991, the terminal was built. Before that it was a marine boatyard Chairman Winton: Yeah. Right. Well, so -- and there's a big difference in a -- right, 1991. I mean, that's sooner than -- that was less time ago than 1990 when it was a marine boat -- under no circumstance would that have happened if it was anywhere in my district, trust me. Wouldn't have happened in 1991, 1990, 1978. There are single-family residences that live around there and they, as he said, have a right to peace and quiet at night, at night, at night. And y'all need to figure out what you're going to do, whoever owns that operation, whoever operates that operation, what you're going to do to become a good neighbor. We are going to end up with some sort of noise ordinance. That noise ordinance may, in fact, impact that operation. This noise ordinance, when we're done, is not going to, as far as I'm concerned, going to impact the Miami marine industry. It may impact that one operation but we will make sure, with your help, that it is not going to impact the whole marine industry. That's where we're going. But I want y'all to also think about how we can work with the neighborhood and the neighbors and that particular operation to put some salve on this wound here and get the two entities working together again. So, my recommendation is -- I'm sorry, Commissioner. Commissioner Regalado: No, no. Chairman Winton: My recommendation is that we do direct the City Manager -- Vice Chairman Teele: And Attorney. Chairman Winton: -- and Attorney, with Lucia bringing some of the other people together, y'all bringing two or three people to the table and we work on a complete re -look at the ordinance that we've got in front of us tonight and a look at the County ordinance to see what we end up with. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think that's a brilliant idea and I think it serves everybody's purpose. And, as you said, they got to fix that operation on 22nd Avenue. This is not about a war industry. But I still have this issue, enforcement. I, you know, I don't want to sound as one of those pessimists or cynics, but, Johnny, let me ask you. Chairman Winton: Yes, sir. Commissioner Regalado: How long was it that we approved the Pooper Scooper Ordinance? Like about a year and half right? Chairman Winton: At least, yeah. Commissioner Regalado: I am yet to see one person being fined in the City ofMiami, and still I'm stepping on it, like everybody is in the -- Chairman Winton: I step on it in my own front yard. Commissioner Regalado: And that is my point. It has been my point throughout this debate. How are you going to enforce this ordinance? Because there is a family on 19th Terrace that City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 cannot rest. There is a house with several illegal units and every night a car alarm goes on, and on, and on. They call the police. It takes the police three, four hours to get there if they ever do. So, my question has been how are you going to enforce? You know, we have -- Chairman Winton: It's a good question and it ought to be answered by this little -- at least the Manager -- right. Commissioner Regalado: No, I think it should. I think it should because, you know, it isn't worth it to create this tension and to create the anguish in many people, and having a law on the books that cannot be enforced. Chairman Winton: Right. Commissioner Regalado: It is not responsible government. So my question is how are we going to enforce it? Are we going to have a task force for noise, several Code Enforcement that will be on call 24 hours a day, seven days a week, 365 days a year? Are we going to have police ready to react when we have this situation? Because, you know, the dispatcher at the Police Department is not going to send an officer on a noise violation if that officer has to attend a burglary or a break-in, or a hit and run, or an accident in the area. And we do not have a police officer for each block. So, look, I'm saying it's fine about this committee to fine-tune and all that. I think the purpose here is for this Commission not to attack anybody or any industry. But we need to -- if we're going to pass this as a law, we need to decide how is it that we're going to enforce it because then, you know, you still going to get the complaints from the people in the Grove of the boom boxes and all of that, and I'm still going to get the complaints from the people in 19th Terrace on the car alarm, and Angel is going to still get the complaints of the residents on 22nd Avenue. So I'm all for it. I don't know if we need to -- I thinkl like really the proposal that Lucia did in terms of 200 feet from residential and all that, but that's technical. Chairman Winton: And they can put that into the -- Commissioner Regalado: And they can -- Chairman Winton: -- plan that they'll -- Commissioner Regalado: -- certainly put that. But, Johnny, the enforcement, you know, because, if not, we're going to look like fools by approving laws that are on the books. Chairman Winton: Don't disagree with that. So, agreed. Yes, ma'am. I mean, Lucia, why are you -- Ms. Dougherty: Just to ask you -- I just want you to know if you pass it into this scenario -- I recognize it's only first reading. There's a business, an existing business in an industrial zone nowhere near any residences, they're going to have -- who have an ordinance that's passed on first reading that they can't operate it at all. Chairman Winton: It's not in effect. The ordinance can pass reading doesn't put -- doesn't do anything. Ms. Dougherty: I understand it's not in effect butt have to go back and tell them -- I think you could, at least in an industrial -- Commissioner Regalado: Well, could we amend this first reading and place the 200 feet from residential? So -- Mr. Vilarello: Mr. Chairman. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Yes, Mr. City Attorney. Mr. Vilarello: There were two issues that Ms. Dougherty brought up, both of which had been raised before. But she proposed two solutions today that I think are acceptable, certainly to me and I would recommend to the Commission, and that's the 200 feet within R-1, R-2, R-4 zones. Commissioner Regalado: Amended as the first reading now. Mr. Vilarello: And then the other one was with regard to construction industry. The existing ordinance with regard to construction noise is from 6 a.m. to 8 p.m. The draft ordinance that's before you constricted those hours of operation from 7:30 to 6, so it's purely - Chairman Winton: Well, that's not -- Vilarello: -- a policy issue that came up through staff. I think both those solutions, if it's the will of the City Commission, are certainly acceptable to me and I would recommend both of them Chairman Winton: Yeah. OK. Ms. Dougherty: Thank you. Chairman Winton: But there's going to be many other modifications tied to both of those industries, as well as marine when we come back with the final version. Ms. Dougherty: Yes, I understand that. Chairman Winton: I'm anticipating it. So -- Ms. Dougherty: But if you could make that, at least they won't have heart palpitations thinking that, you know, an ordinance -- Chairman Winton: All right. So we need a motion accepting those modifications and including the provision to set up a special committee -- Commissioner Gonzalez: Mr. Chairman, I'm ready to make a motion to accept the recommendations of the amendment to the ordinance, and also to instruct the City Attorney and the City Manager to create a committee that can work on finding a solution to the problems at this specific site. Chairman Winton: And the ordinance as a whole. Commissioner Gonzalez: And the ordinance as a whole. Vice Chairman Teele: Second the motion. Chairman Winton: Motion, second. And which committee would come back in 90 days? Commissioner Gonzalez: In 90 days. Chairman Winton: Yes, sir, Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I just want to state for the record that I'm advised, again, notwithstanding my wife's concern about tugboats, et cetera, this ordinance does not relate to City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 any vessel. Is that correct? Mr. Vilarello: I'm sorry? Vice Chairman Teele: This ordinance does not relate to any maritime vessel? Mr. Vilarello: No. There's a specific exemption for vessels on the Miami River, on navigable waters. Vice Chairman Teele: I just wanted anybody that's following this not to be concerned about a vessel or to think that this ordinance in any way is going to outlaw vessels or give you the right to call the Manager or me about the noise of a vessel. Mr. Chairman, would you recognize Ms. Bohn -- Fran. You have to come to the mike, ma'am. Chairman Winton: Yeah. Ms. Bohnsack: Fran Bohnsack, Miami River Marine Group. I think that the ordinance refers to vessels that have been mufflered according to a certain statute. And I don't believe that that would be the case with the tugboats. Commissioner Regalado: Well -- Vice Chairman Teele: Do you have an unintended consequence in there, Mr. -- Mr. Vilarello: No, sir. The vessels are -- Chairman Winton: But could I interrupt you? Mr. Vilarello: -- allowed to operate on navigable waters, pursuant to Florida Statute. We're simply codifying the law as it exists in the state of Florida. We're not being more restrictive or less restrictive. Vice Chairman Teele: All right. Well, you all meet on that and -- Chairman Winton: Yeah. And, by the way, Fran, just everybody, the whole point of setting up this committee is to get through all these issues and make sure that we don't end up with a law of unintended consequences. That's the whole purpose. We don't need to debate any more of that tonight, as far as I'm concerned. That's the reason we're gong to form this committee. Commissioner Regalado: Well, then -- Vice Chairman Teele: And, Mr. Chairman, again, I want to congrat -- I mean, I want to commend you because I think the real issue here is that we want to hear from the industry. We don't understand all aspects of this industry. And if you've got ideas, we all have an open mind to this. And the Attorney, if there isn't a consensus, then he'll just come in with a list of all of those issues that require a policy decision and we'll vote on them one by one by one, I would assume, Mr. Chairman. Chairman Winton: Absoultely. Vice Chairman Teele: So everybody's right to continue to be heard is being preserved. Chairman Winton: So -- Commissioner Regalado: One -- City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Yes, sir. Commissioner Regalado: Mr. Chairman, one question. I don't know ifAlex was here but I think I remember several years ago, we had this problem with this ship or boat at Bayside, "LA RUMBA," who make a lot of noise, remember that? Chairman Winton: La who? Commissioner Regalado: "LA RUMBA." Chairman Winton: Oh, yeah. Commissioner Regalado: And it was -- it was -- Unidentified Speaker: I lived on Brickell Key. Commissioner Regalado: Well, I remember it was one of my first things that I did here. I think it was seven years ago. We used the noise ordinance in order to evict that boat from Bayside Marina. So you know there was an ordinance at that time. Chairman Winton: One -- we have one quick -- Mr. Perez: Ten seconds. I just want to commend all the Commissioners for -- I guess we're coming full circle. There has been an attempt to do just what Commissioner Teele was suggesting, a comprehensive plan. And if we're going back to fry and do that, that is a substantial positive thing for us. Chairman Winton: And bring that comprehensive plan, at least, that zoning piece, bring that schedule back and let's talk about that in your session here. Mr. Perez: Yes, sir. Chairman Winton: OK. We have a motion, a second. Vice Chairman Teele: Mr. Chairman, I know you want to stop this but I do want to say this, according to what Regalado just said. You make sure that that ordinance does continue to provide a proviso related to music or transmissions from any boat. Because, you know, the Miami River is beginning now in the early stages to get -- Chairman Winton: "LA RUMBA." Commissioner Regalado: You're going to have "LA RUMBA." Vice Chairman Teele: -- you know, they're beginning in the early stages to get sightseeing boats coming down there and -- Chairman Winton: Next it'll be the -- Vice Chairman Teele: -- it's not regular yet, but more and more, the noise is coming out just like it's a -- Commissioner Regalado: Go to San Antonio. Go to San Antonio. Chairman Winton: Yeah. City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Yeah. Commissioner Regalado: To the river. I was there. Chairman Winton: Good point. Good point. So, we have a motion, a second. There's no further discussion. Read the ordinance, please. Mr. Vilarello: OK. And this is on the -- Chairman Winton: As amended and blah, blah, blah. Mr. Vilarello: -- alternative ordinance as amended with regard to construction and industrial areas adjacent to residential zoning. Chairman Winton: Right. With the instruction to the Manager to set up a committee and blah, blah, blah and come back in 90 days. Mr. Vilarello: That would be by a separate motion -- Chairman Winton: OK. Fine. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. ORDINANCES - FIRST READING FR.1 03-0142 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4/ CHAPTER 54, ARTICLE I/ CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, PUBLIC WORKS DEPARTMENT/STREETS AND SIDEWALKS, IN GENERAL/SUBDIVISION REGULATIONS" TO PROVIDE AN ALTERNATIVE METHOD FOR PROPERTY OWNERS TO VACATE AND CLOSE ALLEYS WHICH ABUT ONLY RESIDENTIAL PARCELS OF LAND ZONED R-1 AND/OR R-2 AND ESTABLISHING FEES FOR SAID VACATIONS AND CLOSURES; MORE PARTICULARLY BY AMENDING SECTIONS 2-269, 54-4, AND 54-15; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0142 -cover memo.pdf 03-0142-legislation.pdf First Reading City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, 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: Now, where were we? I have no idea. I think we were in FR land. I think we're at FR.1, is that correct? Sylvia Scheider (Assistant City Clerk): Yes. Chairman Winton: Can't believe I got it right. So, here we go. We're going to start up. FR.1, please. Commissioner Gonzalez: Move FR.1. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. This is an ordinance. Any discussion? If not, would you please read the ordinance? Roll call, please. A roll call was taken, the result of which is stated above. FR.2 03-0225 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "INVESTIGATIVE COSTS RECOVERY FUND" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, FOR THE OPERATION OF SAID FUND; AUTHORIZING THE CITY OF MIAMI DEPARTMENT OF POLICE, PURSUANT TO FLORIDA STATE STATUTE 938.27, TO ACCEPT JUDGMENTS AGAINST PERSONS CONVICTED IN CRIMINAL CASES AND TO DEPOSIT FUNDS INTO SAID SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE EXPENDITURE OF SAID FUNDS TO BE USED BY THE ENVIRONMENT PROTECTION UNIT FOR TRAINING, EQUIPMENT, RENTALS, EMERGENCY CLEAN-UPS, SPECIAL OPERATIONS, OVERTIME AND ANY OTHER INVESTIGATIVE COSTS INCURRED DURING THE INVESTIGATION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0225 - cover memo.pdf 03-0225- FLa. statues.pdf 03-0225 - Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, 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 Commissioner Gonzalez: Mr. Chairman, I believe that the Police Department has an item here. It's only one item. What they have is FR.2. Chairman Winton: What is it? Commissioner Gonzalez: Can we take that up so they be free to -- FR.2. City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: FR.2? Commissioner Gonzalez: Yes. Investigative Cost Recovery Fund. Chairman Winton: Well, I'm not anxious about getting out of order again, but I'll -- if you want me to take up FR.2, I will. Commissioner Gonzalez: No. It's all right ifyou don't want to do it, you know. Chairman Winton: OK. We're going to take up FR.2. Commissioner Gonzalez: FR.2. Chairman Winton: Chief that's yours. Commissioner Gonzalez: Chief. Vice Chairman Teele: First reading. Chairman Winton: It's a First Reading Ordinance. Setting up a new fund. Vice Chairman Teele: You want to move the item, Commissioner Gonzalez? Commissioner Gonzalez: Yes, move FR.2. Vice Chairman Teele: Second. Commissioner Regalado: I got a question. Chairman Winton: Yes, sir. Commissioner Regalado: On the emergency clean-ups, what -- are we talking like when we have like a parade or demonstration that instead of using City funds, paying Solid Waste from the general fund, we can use this fund to clean up after this -- Suppose that there is a demonstration, which is not budgeted or foreseen, then we can use this money to clean up, for clean up purposes? Deputy Chief Frank Fernandez: Excuse me. Good morning, Commissioners, Frank Fernandez, Deputy Chief. On FR.2 Commissioner, this is restitution from environmental infractions or violations, and it could be used for buying equipment for officers. That's our intention. You're asking whether we could use it to -- for parades for clean up, is that correct? Commissioner Regalado: Yes. Deputy Chief Fernandez: Our intention wasn't that. Our intention was to use it for equipment to enhance the efforts of the law enforcement officers that are out there enforcing the environmental laws. Chairman Winton: Environmental laws, you said? Deputy Chief Fernandez: That's correct, sir, environmental laws. Commissioner Regalado: So, this is about illegal dumping? City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Deputy Chief Fernandez: This is about illegal dumping, correct. Commissioner Regalado: OK And -- well, they give you money to, you know, surveillance or something like that, right? Deputy Chief Fernandez: Correct. In other words, we're asking for us to put five thousand dollars ($5, 000) or -- not to exceed five thousand in restitution. If we were to get more -- we don't anticipate getting more than that, but the -- once these offenders are found guilty, the judge can impose upon them a penalty and restitution to the local government, which would be us. We could then get that funding and put it towards enforcement and buying equipment, such as cameras, binoculars, things of that nature. Commissioner Regalado: OK Deputy Chief Fernandez: All right, sir. Commissioner Gonzalez: You know, you just mentioned something that I've been talking about for quite a while with the administration, and that is cameras. If we were able to install cameras on identified sites, Chief that we know that has been used for dumping continuously, we might be able to stop illegal dumping in the City ofMiami. Because, actually -- Chairman Winton: Yes. Commissioner Gonzalez: -- it's the only way. We can't have an officer standing there 24 hours a day, 7 days a week, but if we have a camera, Johnny -- Chairman Winton: Yeah. Commissioner Gonzalez: -- that we can catch, you know, get the tag and the people dumping, you know, we can go after them and make them pay for the cost of the camera, you know. Deputy Chief Fernandez: Well, certainly, Commissioner, this type of equipment that we're looking for to purchase from the same offenders that are violating the law, we want to use their money to buy equipment that would enhance our abilities. Commissioner Gonzalez: That's good. Chairman Winton: OK Any further discussion? Is this an ordinance? OK Would you read the ordinance, please? Roll call, please. A roll call was taken, the result of which is stated above. FR.3 03-0226 ORDINANCE First Reading AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF FIXED OR VARIABLE RATE TAXABLE OR TAX-EXEMPT PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA, SERIES 2004 IN AN AGGREGATE PRINCIPAL AMOUNT NOT 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 City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 CERTAIN REVENUES DERIVED BY THE DEPARTMENT OF OFF- STREET PARKING OF THE CITY FROM ITS PARKING SYSTEM AND OTHER AMOUNTS AS PROVIDED HEREIN; PROVIDING FOR CERTAIN TERMS AND PROVISIONS OF THE BONDS; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; ESTABLISHING CERTAIN FUNDS AND ACCOUNTS FOR THE 2004 BONDS; DELEGATING TO CERTAIN OFFICERS OF THE CITY AND THE DEPARTMENT AUTHORITY TO SELECT CERTAIN PROFESSIONALS TO APPROVE THE FORM OF AND TO EXECUTE AND DELIVER A BOND PURCHASE AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT, A BOND INSURANCE POLICY, A RESERVE PRODUCT, A LIQUIDITY FACILITY, THE OFFICIAL STATEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND OTHER AGREEMENTS, DOCUMENTS AND CERTIFICATES RELATED TO THE 2004 BONDS; DELEGATING TO THE CHAIRMAN AUTHORITY TO OBTAIN BOND INSURANCE AND A RESERVE PRODUCT WITH RESPECT TO THE 2004 BONDS; AND PROVIDING AN EFFECTIVE DATE. 03-0226 - cover memo.pdf 03-0226 - ordinance table of contents.pdf 03-0226 -exhibit.pdf V2Complete Legislation 03-0226.doc Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, 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: FR.3. Vice Chairman Teele: Is there a motion, FR.3? Commissioner Regalado: Move. Commissioner Gonzalez: Move FR.3. Commissioner Regalado: Second. Vice Chairman Teele: Is there a Mr. Noriega? Commissioner Regalado: Ile was -- Vice Chairman Teele: Mr. Noriega? Commissioner Gonzalez: Ile was here. Vice Chairman Teele: Welcome. Art Noriega: Thank you, sir. Art Noriega, Executive Director, Miami Parking Authority. Any questions on the item? It's pretty straightforward. It's a bond resolution to issue up to forty-five million dollars ($45, 000, 000) in parking revenue bonds. The outlying capital program, which I've presented to each of you, calls for a number of different projects. Our intent is to issue these City ofAliami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 bonds, hopefully, sometime April or May of this upcoming year. And the intent is to finally finalize and finance some projects that have been sort of on the drawing boards for a number of years now. Majority of the projects are in our urban core, downtown. A few others are in -- there's one particular project in Allapattah, another one in Little Havana. These projects really are primarily based on feasibility studies and demand analysis that we've done in a number of areas, and they all encompass an increase in our existing inventory. Vice Chairman Teele: All right. Are you coordinated with a Performing Arts Center and the parking needs in that area, as well? Mr. Noriega: We are currently in the midst of discussions with the Miami -Dade County School System, and the proposed that they are getting ready to release to develop a site that they own adjacent to their administration building. So, yes, Commissioner, we are discussing with the Performing Arts people, and also the School Board with regards to property they own in the area. Vice Chairman Teele: Let me just say this, Art, and I hope that the other members of the City staff will listen. You have been extraordinary in running down Commissioners, making yourself available, explaining, you know, in the middle of the FTAA (Free Trade Area of the Americas) and everything, you're tackling people, frying to get them to focus on your issue, and I just want to commend you. And, therefore, I'm not going to raise an issue today as to why the City staff didn't hold this item, and get an extended agreement on the two million dollars ($2, 000, 000), which, candidly, I would like to see the two million dollars ($2, 000, 000) retained, butt would like to see the two million dollars ($2, 000, 000) kept with Parks for -- I'm sorry -- with parking for the purpose of doing projects that would be jointly approved by the City Commission and the -- and Off -Street Parking. I mean, Angel Gonzalez' district -- and I know that you've accommodated some parking in Allapattah and I commend you, but Angel Gonzalez' district, my district and, to some extent, some of the other districts, you know, really need parking that doesn't generate revenue. And I really realize we're dealing with a revenue bond now, and it certainly would not be appropriate to deal with that. But I just want to encourage the management to continue to work with you, and I want to encourage your board to continue to work with us in establishing a pool of funds. I don't necessarily think it needs to come back to the City, personally. I've never believed that. But I do think there should be a pool offunds for non -- Chairman Winton: Revenue. Vice Chairman Teele: -- revenue generating projects and some of that -- for example, the project that is going on in the Grove now that we approved under Commissioner Winton's leadership, the community project. One of the -- Chairman Winton: In West Grove? Vice Chairman Teele: Huh? Chairman Winton: In West Grove? Vice Chairman Teele: In West Grove. One of the classic problems is lack of parking. I mean, that's -- the biggest issues is, where are the people going to park? You want -- everybody wants commercial, but where are you going to park? I was out in the community last night, the same thing. People who own businesses, they're complaining about no place to park. So, we've got a lot of work to do. But I want to commend you for, you know, being diligent and being focused on your thing. I think we've got to be a little bit more focused on our thing. Mr. Noriega: Commissioner, in light of all the past discussions, especially the issues you've City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 raised here at the dais on a number of meetings, I've discussed that with my board. My board is in full support of that concept and will support any proposal. I mean, we're developing a better working relationship with the City staff and I think it improves on a daily basis. And, you know, we're really amenable to almost any option that really works towards achieving the goal of providing some parking inventory in some of the more emerging and developing neighborhoods. So, we're completely on board. Vice Chairman Teele: Read the ordinance. Chairman Winton: City Attorney? Mr. City Attorney, you're going to read the ordinance. Alejandro Vilarello (City Attorney): I'm sorry. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 RESOLUTIONS RE.1 03-0103 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CONCEPTUAL PLAN ("PLAN") FOR THE MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECT AREA AS APPROVED BY THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST BOARD OF DIRECTORS; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY APPROPRIATE RESOURCES AMONG CITY DEPARTMENTS AND AGENCIES TO ENSURE THE PROMPT AND SUCCESSFUL IMPLEMENTATION OF THE MASTER PLAN, AS IT MAY BE AMENDED FROM TIME TO TIME. 03-0103 - cover memo.pdf 03-0103 - exhibits.pdf Model City Trust -Commission Presentation 11-25-03.ppt Deferred pending receipt of a formal resolution of endorsement by the Model City Homeownership Trust. DEFERRED A motion was made by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioners Regalado and Sanchez absent, to receive and accept the report on the proposed conceptual plan for the Model City Homeownership Zone Pilot Project Area; and further requesting that the City Manager place this on the next Commission agenda along with the Manager's recommendations; subject to the receipt of a formal resolution endorsing this plan from the Model City Homeownership Trust. Chairman Winton: The next time certain is RE.1 and RE.2 on Model City. Commissioner Regalado: Which one? Chairman Winton: RE.1. Commissioner Regalado: OK. I got it. Chairman Winton: Who's got it, Mr. Manager? Oh, I'm sorry. Marva Wiley (Acting President, Model City Trust): Apparently, Joe Kohl of the master planning team, Dover Kohl and Partners with A-Plus-SArchitects has been delayed. He was expected about a half hour ago, and I can't reach him by phone. And he's scheduled to do the presentation and bring the full color packets. Chairman Winton: OK. Well, we'll come back to this, then. Ms. Wiley: He just walked in. Chairman Winton: Oh, he just walked in? Ms. Wiley: OK So he will -- Chairman Winton: Is he going to have -- is he just going to talk, or is he going to set up a -- City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Wiley: He's got to set up a Power Point. Chairman Winton: OK. Well, we'll come back to this. Chairman Winton: RE.1. Marva Wiley (Acting President, Model City Trust): Good afternoon, Mr. Chairman, members of the City Commission, Mr. Manager. I'm pleased to, on behalf of the Board of Directors of the Model City Community Revitalization District Trust, present to you for the first time -- Vice Chairman Teele: Your name? Ms. Wiley: My name is Marva Wiley, acting President, CEO (Chief Executive Officer) of the Model City Trust. We are here today to present to you the first iteration of the master plan that has been developed, worked on by the master planning team comprised of Dover Kohl and Partners. Our representative from that firm has been Joe Kohl, andA-Plus-SArchitects, represented by Derrick Smith. You will find a hard copy that Mr. Kohl is passing out currently, and this packet reflects the collection of works that the team has been working on since September 2001, when they were initially engaged by the City ofMiami. This summer, we were pleased to have several community planning workshops in which the public had an opportunity to come out and render their contributions in terms of what they would like to see in the Model City Homeownership Zone Project area. And with that, I will ask Mr. Kohl to make the full presentation on the plan. Joseph Kohl: Thank you, Marva. My name is Joseph Kohl from Dover Kohl and Partners. Our office is at 1571 Sunset Drive in Coral Gables. What we just passed out is basically, as Marva said, work in progress. It's -- we know the drawings that are in there are going to change. But in meeting several times with the Trust Board, they asked if we could come and present the plan as it is, and get the City Commission to adopt it in concept. So if you notice on the very second page past the cover, there's basically a listing of those items that we're in essence asking to be adopted, again in concept, knowing that the details are going to get worked out. And so -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Mr. Manager, is the Planning Director here? I don't see her. Unidentified Speaker: She's here. Vice Chairman Teele: OK Because I would hope that we could make sure that we get the advice of the Planning Director in all of the issues. I know that they've worked closely together, but I just think -- Ana Gelabert (Director, Planning & Zoning): Yes, Commissioner, we did. Ana Gelabert, Director of Planning and Zoning. We worked with the CRA (Community Revitalization Agency) and Dover Kohl on the plan, on the promenade, on the redevelopment and the Biscayne Boulevard. We have provided all the comments. Vice Chairman Teele: No, I -- the point -- Ana, the point I was making is he says that at the end of this, he would like to get certain approvals. And we're going to look to you and your staff for your advice, I would assume, in getting those approvals. And I just wanted to make sure you were with us, on the same page. City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Gelabert: Yes, yes, we are. We have been working together. Mr. Kohl: OK. So the images that I'm going to show you are basically in the order that that list is on that page, so that we can be real clear about that. The focus area for the pilot project in the Homeownership Zone extends from -- along Martin Luther King Boulevard from I-95 west to the City limits. It's just past Northwest 17th Avenue. Then it goes down 17th Avenue to -- again to the west, to the City limits, which follows 19th Avenue there. And then the core, the center area is bounded by Northwest 12th Avenue on the east, 17th Avenue on the west, Martin Luther King Boulevard on the north and Northwest 54th Street to the southern -- that's kind of the center part. Vice Chairman Teele: You keep saying 17th Avenue. Is it 17th Avenue or 19th Avenue? Mr. Kohl: Well, the City limit changes a little bit there. So actually where -- along the Martin Luther King Boulevard, the City limit is just 200 feet west of 17th Avenue. But then it jogs over to the west at 19th Avenue. So the majority is at 19th. As Marva mentioned, over the summer, we worked with members of the community. We were -- had already started the project, so we put drawings in front of them to ask them to criticize it and give us input. We also had -- also included some new areas, like along Martin Luther King Boulevard, which we hadn't addressed in the plan to date, and asked for input there, as well. So the plan that's in that book is reflecting the -- or the latest of the plans, because we showed some of the earlier ones, as well -- is reflecting that later plan, after meeting with the community. So one of the things we're asking to do is adopt the conceptual plan. The conceptual plan is primarily an arrangement of land uses, again focusing -- following very much with the current zoning in that. Along the commercial corridors, we emphasize commercial uses and mixed use buildings. In the center, we're basically infilling houses and townhouses in what's now vacant land or dilapidated properties that the City's purchasing. And then a close up of the central part. This is where the City has been purchasing the most amount of land, and it's been really the hard focus of how to -- of our infill explorations. So I'm going to come back to some of the details in that in a moment. So the approach is to again, like I said, infill townhouses and houses, something we're calling live/work units, which is also becoming very popular, as it's basically designed as a townhouse, but the ground floor could be a commercial use. And it seems like that's a good type that might be appropriate specifically along the commercial corridors, where right now, there's not a strong business market. But it's the type of building that could be constructed, could be residential for the short term, and with minor modifications, you could turn the front room into a small shop, and as well as some community buildings, because we're introducing, hopefully, some new parks into the community and community services. Again, the rights -of -way, we're suggesting changes to the roads, themselves. We know that we still need to work with Public Works and Capital Improvements to work out the details for those, but basically, the direction of fixing some of those, is what we're asking for. The utility poles -- I've never seen so many poles on a residential street before in this neighborhood. It appears the power company has their own poles, and the phone and cable have their own poles. In the photo I'm showing there, actually, the street light has its own pole. So that's certainly something that needs addressing. One of the key ideas, the center, this kind of center piece of the plan is around African Square Park. And that park was initially envisioned to do a variety of things, one of which was to be an outdoor market for either fairs, or farmers market or small things. Right now it's kind of-- it's stuck up against Martin Luther King Boulevard, which has a lot of busy traffic. We've heard from some of the parents that they're nervous about letting their children go there. The southern edge, which you can see from this photograph, is fenced off because there were -- there once was apartment buildings on what -- wherever you see gravel in that photograph. So we want to bring that into the neighborhood some more to reconfigure it. So we would like to extend it down to 61 st Street, kind of fill in the block, but also shorten it. Right now, it's very long. So we'd like to bring it closer to 14th Avenue and make it more rectangular in shape. And perhaps that's a site for a community building that can also serve the neighborhood. And the other thing that we're doing is trying to line it with some of the new townhouses or houses so that we've got front doors facing City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 the park to hopefully make it a safer place. This drawing shows what that community building could look like. We were also trying to find what could we do there that was fun and different for the neighborhood. And the idea of putting water jets like you can find at the end of Klamatta Street in West Palm Beach or at Celebration outside of Orlando, which is something that would be -- you'd have to have an attendant there, but it can be shut off during off hours or in the evenings, and then it's still a safe spot, too, for use as a plaza, and can be overseen by whichever entities might be in the community building. And the drawings are also showing a covered colonnade, which could be used for flea markets or farmers market. So this plan shows -- the red rectangle at the top part of that is the community building fronting the park, and Martin Luther King Boulevard is up on the northern edge or the top of the screen there. The other idea is to create a little square to basically defer fraffic. We've bent the road a little bit again so that cars can't go speeding through there. And then this is a view from -- kind of if you're up in a balloon above Martin Luther King Boulevard, looking to the south of the community building square and the park. The other thing that we were doing in this plan is introducing smaller neighborhood parks. The idea is they're small green spaces where children could play within a close proximity to their house. They're not big lavish things. We could perhaps put tot lots here or there as needed. And again, so we're introducing those in smaller pieces and primarily putting town houses around them. And then this is another view of that. And the idea that the park could actually extend out into the roadway again, as a fraffic calming measure, to again give the street -- the sfreets are very straight there. You can't go speeding through there. And the idea is to put something out in the road there, obviously marked for safety, to slow traffic down. The basic plan keeps the existing street grid in place, so that if there's any unknown construction thing -- infrastructure underground, that can pretty much stay in place, not -- and we started into this not really knowing how it will all get implemented. It made sense to leave all of that in place. What we introduced are some new rights -of -way. Basically, since the blocks are very long and rectangular in the east/west direction, like the typical Miami grid, we're introducing smaller short streets, north/south. What that does for the neighborhood is it makes it more permeable for pedestrians, so that they can walk smaller distances to get throughout the neighborhood, and to get access to the parks and whatnot. The other thing, we're suggesting where -- again, where the City could purchase land. Chairman Winton: Hold on. We're lost a quorum. So we need either Commissioner Gonzalez or Commissioner Regalado to come back. We're one short today, because Commissioner Sanchez is out today. So. Mr. Sergeant at Arms, where are you? Pete, can we -- I'm sorry? Unidentified Speaker: He's right here. Chairman Winton: Who is? Unidentified Speaker: Regalado. Chairman Winton: OK. Well, we've found at least Commissioner Regalado, so. Thank you. OK Commissioner Regalado: Oh, OK. Chairman Winton: You can continue. Mr. Kohl: What some of the business owners and community leaders couldn't emphasize enough, and it's very apparent when you walk down the commercial sfreets is that it's hard for the businesses to be served with the current parking situation. So again, where -- in our plan, where the City can purchase land, we're suggesting parking lots to help serve those commercial buildings. And we would hope that they become mixed use buildings so that the -- we'll get a little more vitality on the streets, again, to make it more active. Also associated with parking is on -street parking. Currently, in a lot of places along 17th Avenue, there is only parking City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 available during non -rush hour times. On Martin Luther King Boulevard, there's no parking, and as well as on some of the other streets. And so it's fairly apparent that some of the demise of the businesses, other than losing homeownership in the neighborhood are losing residents in the neighborhood, that that's probably the second contributor. So we need to focus on how to work with the County or the State to get some parking on there 24 hours a day. And so the next picture I'm going to show you is what that view could look like if we had new buildings, and parking and frees on the sfreet. It only takes a few buildings and some landscaping to drastically change the appearance and send a signal that change is happening and it's good change. The other thing is the architectural character. We're going to create architectural guidelines for the neighborhood, tying in more of the historical building types that we can find in the neighborhood, one of which is the mission style, which this photograph shows. And so A-Plus-S Architects have drawn up quite a package. I think half of that document we just gave you are architectural drawings and schematic designs that could be used as examples of the type of structures that houses them and commercial buildings that would be appropriate for the neighborhood. And this next drawing is showing what -- and back up. There's a lot of vacant property. This view is on Martin Luther King Boulevard, but the idea of the live/work units is that they look like townhouses that can face the street, again, to fry to build out some more of the edge, edge of the sfreet. And we've also drawn a lot of street sections that are in there for a house. Martin Luther King Boulevard, the commercial streets, the residential streets could be reconfigured. Again, that all hasn't been worked out with Public Works yet, so it's still schematic at this point. And then in there, we're basically asking for the direction to the City Manager to several different departments, in addition to Planning and Zoning. And so what we're asking for is to basically examine and modify the zoning, to develop these architectural guidelines, and basically to review the development projects as they come along, so that the Planning Department could be more hands on with projects as they occur in the neighborhood. For Public Works and Capital Improvements, we need help initiating some of the engineering and design for the roadways. We're going to have to do some negotiation with the utility companies and then as well as some of the infrastructure improvements to get that on the priority list. For Parks and Recreation, because we're creating smaller parks, we need to get the plan familiar with the Parks Advisory Board. We need to get the parks in their strategic plan, as well as any other implementation, things that may come along to get the parks to happen. They're going to need to be designed. At this point, they're just schematic. But nothing has really been programmed into the park in terms of tot lots, or gazebos or landscaping. And then also, the Parking Authority, we're hoping that they can help with some of the parking situations for the commercial buildings in the neighborhood. So that's basically the bulk of what we're asking for. And happy to answer questions. Commissioner Regalado: I have a question. Mr. Kohl: Yes, sir. Commissioner Regalado: I remember back when we started that, we requested that signs, and pictures and like maybe billboards will be placed in and around the area to tell the residents how it's going to be. Are they up? Or -- Mr. Kohl: Not to my knowledge that there's any -- Chairman Winton: Marva, do you want to answer that? Ms. Wiley: No, we do not have any signs up at this point to reflect the projected plans, but that is definitely something we can work on, reflecting what the Commission approves or has endorsed. Commissioner Regalado: OK. City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Commissioner Teele. Vice Chairman Teele: Thank you, Mr. Chairman. Do we have a resolution from the Model City Trust on this to the City Commission? Ms. Wiley: There is a resolution, but there were -- the Chairperson has not signed off on the resolution as yet. We've got -- had a little logistical issue on that. But the Board did pass a resolution to support it. Chairman Winton: Which Chairperson? Vice Chairman Teele: Of the Trust. Ms. Wiley: The Chairperson of the Trust, yes. We're not blaming you. Vice Chairman Teele: All right. Chairman Winton: Because I didn't know I was supposed to (INAUDIBLE). Vice Chairman Teele: I think we have two or three issues. First and foremost, I want to thank you and the Trust for bringing the master plan, the conceptual forward. Secondly, as you know, our ordinance, which I think we have to live by requires that the Commission take no action on any of these matters until the Model City Trust has acted and given us their advice. So I think to ask us to act before them formally is really not where I want to be, because, I mean, I want to make sure the City does what we're supposed to do, the Trust does, and it's just not a whole lot of gray area in between that. However, I think, you know, it is appropriate that we receive this, and that we have this on the next agenda for resolutions. And I'll be happy, Madam Manager, to sponsor that as a pocket item if it has a time problem getting on the agenda. But because I realize -- what I don't want to do is wind up in January trying to get this thing. But I do think our staff needs to give some serious and thoughtful consideration, deliberation. We need to get a written advice from the Manager before we act on this, just as a matter of form. On the substance, there are three or four things that come to mind. First and foremost, the City of Miami, by Charter, has restrictions on establishing parking. So even though you said that the City should do this and the City should do that, I think one of the issues that I want you to focus on with me for a moment is in the area of parking and in the area of parks. We hear a lot. We heard a lot this morning from the Model City Trust, a member of the Model City Homeowners Association. One of the things that I'm very clear on is appropriate is for homeowner associations and for other community based organizations -- not exclusively that one. I know we have the homeowners association, the -- Ms. Wiley: Floral Park Homeowners -- Vice Chairman Teele: The Floral Park Homeowners Association. But one of the things that they could be involved in are those two areas. I, for one, I want to be very candid with you. I am going to have some difficulty supporting these parks, these mini parks without a plan to maintain them and a plan to sort of place quasi -operate them. In other words, what I'm saying is, I'm all for the parks, but these lots that you're identifying is the greatest problem that the City Parks Department has. We've got lots all over this City that are parks, but they're nobody's park. I mean, they wind up being drug -selling dens. They wind up being vandalized areas, or overgrown. And so one of the things that I -- I can tell you this: I don't know if you've seen what Spring Garden has done with their Bay Point Park that they're building there at the site where Alligator Joe used to wrestle. And then they have the one that's already built, which is the Greenfield Park. But they have a community association that has accepted responsibility for those parks in terms of keeping them up, et cetera, et cetera, et cetera. And the parks in Spring Garden are the focal point of that whole neighborhood. So I think there is a real marriage, and City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 I think there is an agreement and a partnership that the Model City Trust can try to broker with the neighborhood to buying into the parks, as opposed to just saying we're going to create these parks and turn them over to the City Manager to maintain, when we don't have enough money to maintain the parks that we've got right now. And yet and still, I think the concept is a good one. The same thing goes in spades for parking. I am just amazed every time I sit here as a Commissioner at how separate and unequal this City has been for so long. The parking just does not exist in the black communities and in many of the poor communities, Allapattah, in particular. But when you showed me the pictures that you've shown there, which I saw only one place -- I saw this in Little Haiti some time ago. The amount of telephone poles, I mean, that -- you know, that's not -- that -- folks, I got to tell you something. That didn't just happen. That's just nobody gives a damn. And so everybody goes -- you got an area where you got six and seven poles in one block. The telephone company has got a pole. The power company has got a pole. The cable company has got a pole. The City's got a -- I mean, you know, and so all you have -- there's no -- In your years of professional -- Have you ever seen that situation in any other community? Mr. Kohl: I have never seen that many poles and wires on one street. Vice Chairman Teele: And that's what happens to poor communities, or communities that don't have the full support of the professionals in government and the elected leaders in government. And again, to me, that's one of the things I want to hear that you didn't ask for. I want a plan to require or to provide for the consolidation of poles or these poles throughout the district. Chairman Winton: Actually, that is asked for in there in that plan. Mr. Kohl: That's in there. Vice Chairman Teele: That is? Chairman Winton: Yeah. That's part of the -- Mr. Kohl: Yeah, with all the infrastructure comments. Chairman Winton: That's on the infrastructure. Vice Chairman Teele: I mean, you know, and to the extent that we -- you know, we wind up having to work through the -- through this financially. I mean, I think -- I don't think we can afford to argue back and forth. We've got to solve those kinds of problems. So I will be 100 percent supportive of that. And basically, the plan that you're outlining, I support, Mr. Chairman, because I think the real mission here is Model City has about -- have we quantified? Is it 30 percent or 40 percent of the lots that are in all of Model City that are vacant, just nobody built on, the so-called infill issue? Ms. Wiley: I do not have that number, but can definitely have it for you at the next meeting. Butl believe it's close to 40 percent. Chairman Winton: It's huge. Vice Chairman Teele: It's a huge percent of it. And by putting -- by creating residential units on those lots, we do three or four things. First, we enhance the quality of life in the neighborhood. Secondly, these lots wind up being nothing but attractive nuisances for debris, and garbage, and vandalism, et cetera. And third, they wind up, obviously, enhancing our tax base and creating a more stable neighborhood. So that's why we're here and that's what we want to do. So I would like to move that the -- that we accept the report, receive the report, and that the Manager be requested at the next meeting via pocket item or -- City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: The regular agenda. Vice Chairman Teele: -- on the regular agenda to prepare a response, subject to the receipt of a formal resolution endorsing this from the Model City Trust. I would so move. Commissioner Gonzalez: Second. Chairman Winton: Motion, discussion -- motion, second. Any further discussion? Yes, ma'am. Ms. Wiley: Let me just put on -- As you recall -- I just want to put on the record what we wanted to make sure we did in submitting the conceptual plan to you today is to give you, the Commission, a sort of a road map to understand the various elements involved in the plan. But I think it's important that you also understand and know that the City Manager has authorized CIP (Capital Improvements Program) and Public Works to work with Joe and I on discussing these relocation of utility issues with the utilities. We've met with BellSouth, and Comcast and FPL (Florida Power and Light) extensively. So that work as begun, as well as working with Planning and Zoning to discuss the overlay district that's going to be necessary to implement the plan. Chairman Winton: So part of what you're saying here is that -- which is very -- I think what you're saying here, which is good news, is that there's -- that the City and the Model City -- the City staff and Model City Trust have already begun working on a lot of these issues, and they're working hand in hand. Ms. Wiley: Yes. Chairman Winton: Wonderful. Who's working, though, on -- is it a part of Dover Kohl's contract, or is City staffgoing to work on identifying the cost associated with fulfilling each of the action items or implementing each of the action items that you have in your recommendations here? Ms. Wiley: Well there -- it will all roll up through me. Right now, we've asked the utilities to give us the conservative estimates on what it would cost, the larger number so we can -- Chairman Winton: So somebody is working on numbers tied to each one of those. Ms. Wiley: Yes. Most definitely. Chairman Winton: Because that's real important. Ms. Wiley: Right. Chairman Winton: And we've got to get that back as soon as you can get it, as well, so -- Ms. Wiley: Right. Chairman Winton: -- so everybody's clear. OK. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. RE.2 03-0227 RESOLUTION City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, APPROVING THE ACQUISITION OF THE PROPERTIES LISTED ON " ATTACHMENT 1," ATTACHED AND INCORPORATED, ON BEHALF OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST WITH THE APPROPRIATE PROVISIONS, SUBJECT TO BUDGETARY APPROVAL. 03-0227 - cover memo.pdf 03-0227 - exhibits 1.pdf 03-0227 - exhibits 2 03-0227 - exhibits 3 03-0227 - exhibits 4 03-0227 - exhibits 5 03-0227 - exhibits 6 03-0227 - exhibits 7 03-0227 - exhibits 8 Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1206 Direction to the Administration: by Vice Chairman Teele to work with the Planning Director to ensure that the issues brought up at today's meeting related to the Model City proposed conceptual plan are on the next Commission Meeting agenda. Chairman Winton: And we'll see you at the -- now, don't we also have -- Vice Chairman Teele: RE.2. Chairman Winton: -- RE.2? Where's the attached list? Marva Wiley (Acting President, Model City Trust): Members of the City Commission, that is a -- RE.2 is a list of seven land acquisition items that are submitted for your consideration. I believe you have the maps that reflect the location of the properties. Three of them are located in the Geographic Phase 1 Area that was designated by the Trust in its annual plan for fiscal year 2003. Two additional properties are proposed, because the City currently owns most of that block, and it is the belief of the Trust that it is more advantageous to move with the acquisition of those two properties and have a development project on that parcel or that section of the block, rather than allow the remaining land to sit dormant or be obstructed by the two essentially abandoned houses that are currently offered for sale. Vice Chairman Teele: Is this a public hearing? Chairman Winton: Mr. City Attorney? Ms. Wiley: Mr. Attorney? Mr. Attorney, is this a public hearing? Alejandro Vilarello (City Attorney): No. Ms. Wiley: OK. So 4/5ths vote necessary. Vice Chairman Teele: but a 4/5ths vote is necessary, right? City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Wiley: Yes. Vice Chairman Teele: All right. I'll move the item for discussion. Chairman Winton: Need a second. Commissioner Regalado: Second. Chairman Winton: Motion and second. Discussion. Vice Chairman Teele: Now, this item came before us before, and you all didn't have all of the documentation? Ms. Wiley: No. This is another set of properties. Chairman Winton: Oh. Ms. Wiley: The Commission has approved three prior sets of properties. And working with the City Attorney, we've approached the closing, based upon the parcels we believe most advantageous to immediate development. And these seven parcels are, we believe, key to the next steps. Vice Chairman Teele: Are any of the items above the purchase price cap? Ms. Wiley: I should update you, because one was above the purchase price cap. That would be Jay Levin's property. Vice Chairman Teele: Number 214? Ms. Wiley: Yes. He is a property owner who was scheduled to close in May 2002. So that situation with the closing cost being rolled in and the convenience issue, we are soliciting your approval of a nine hundred dollar ($900) increase on that purchase price. Vice Chairman Teele: Nine hundred dollars ($900), OK. Chairman Winton: Yeah. Ms. Wiley: Right. Chairman Winton: Any further discussion on this item? Yes, sir. Commissioner Regalado: Just one brief question. We keep talking about incorporation. Vice Chairman Teele: About what? Commissioner Regalado: Incorporation, annexation. And the question is, this is an adjacent area to what could be part of the City ofMiami? Vice Chairman Teele: Yes, yes. The western boundary being 19th Avenue, everything from 19th Avenue all the way over to probably about 42ndAvenue, in that area, say, from 112 north is -- Hialeah would be -- somewhere, maybe 38th, 39th, somewhere in that area. So you literally have about 15 blocks of unincorporated Dade County, and available for annexation, yes. Commissioner Regalado: OK. Just wanted to see, because -- and that was my point for the City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 billboards and the signs. Ms. Wiley: OK. Commissioner Regalado: If we are going to try for incorporation, the people next door need to know what are we planning to do to our area. And that is the sense of urgency that convey on the signs and the billboards of the project. Ms. Wiley: We'll look -- Vice Chairman Teele: Commissioner, I agree with you. But also agree -- and I'm not sure how much success we're having. But have said repeatedly that the area between 17th Avenue and 19th Avenue should be the highest priority in -- consistent with that, because when people can see what's happening across the street -- Commissioner Regalado: That's what I'm saying. Vice Chairman Teele: -- they want to be a part of it. Commissioner Regalado: That's what I'm saying. Vice Chairman Teele: And unfortunately, 17th Avenue is a main line or a main section road, and it's also a census tract area. Commissioner Regalado: That is what I'm saying. Vice Chairman Teele: So that's been the lost area, literally, since Lyndon Johnson was President, when they did the Model City. The Model City's planning stopped at 17th Avenue. It didn't stop at 19th Avenue. And so that area has always been left out. Chairman Winton: Marva, I've got to tell you that you and I have had several discussions about what comes in the package. This schedule and this map makes it crystal clear. It's got all the backup with it. This gives you a -- I mean, it's real easy to understand -- flash look. And so thank you very much. Ms. Wiley: You're welcome. Chairman Winton: Big help, and like what you did. Ms. Wiley: Thank you. Chairman Winton: Any further discussion? If not, all in favor, "aye. " The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Marva, would you work with Ana and make sure that we get the issues on the agenda for the next meeting, please? Ms. Wiley: Most definitely. Vice Chairman Teele: Thank you. RE.3 03-0143 RESOLUTION City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 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. 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 Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1200 Chairman Winton: That takes us to -- RE.1 and RE.2 were time certain, 3 p.m. So, I guess we go to RE.3. It's on the Capital Plan. Need a motion. Commissioner Gonzalez: Move RE.3. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second on RE.3. Any discussion? Vice Chairman Teele: What did we just vote on? Chairman Winton: We voted on FR.3. Vice Chairman Teele: Oh, OK. Chairman Winton: Now we're on -- Vice Chairman Teele: I'm dyslexic. Unidentified Speaker: RE.3. Chairman Winton: Now we're on RE.3, which is the -- Vice Chairman Teele: All right. I would like to second that for discussion. Chairman Winton: Discussion. We have a motion and a second. Who's leading the charge on this? Jorge, we need to keep you sitting out here, man. Jorge Cano (Director, Capital Improvements Program): Yes, sir. City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Actually, I think the Assistant Manager. Chairman Winton: Commissioner Teele, you're recognized. Vice Chairman Teele: We have a memo here. What does this memo say? Alicia Cuervo-Schreiber: Good morning Commissioner, Alicia Cuervo-Schrieber, Chief of Operations for the City ofMiami. This letter is your introduction to the CIP (Capital Improvement Project), an introduction cover letter, but it also clarifies that if need -- after needs assessments and certain analysis are done, things are fluid, that there are maintenance elements that may move into current years and move out in further years according to the need level, and that was a commitment that we had made to the Commissioners, and even in a discussion with you past week that we would re -explore some of the needs that were done in the assessment of the road survey and condition survey of the City streets. Vice Chairman Teele: Well, what I would like to do, Commissioner Gonzalez -- I think you moved it -- is I would like to amend it to say that the Capital Improvement Plan, as it relates to out years, that's 2004, going out, is subject to revision -- specifically, is subject to revision, and does not constitute a commitment, if that's all right with you, Commissioner Winton? Commissioner Gonzalez: I accept the amendment. Chairman Winton: Sure. Ms. Cuervo-Schreiber: And that is what that letter says, Commissioner. Vice Chairman Teele: Well, it doesn't say it that way. It's so artfully written, I'm -- as City priorities, projects of scope and cost estimate production are more precisely defined, the capital plan will be modified to reflect any necessary changes. Well, it doesn't say what I just said, so -- Imean-- Chairman Winton: They're similar. Ms. Cuervo-Schreiber: Sorry. Commissioner Gonzalez: More or less. Vice Chairman Teele: I just think that it's really important, because I'm going to tell you, the distortions in 2004 -- and, Johnny, I'm going to say this on the record. Chairman Winton: Uh-oh. Vice Chairman Teele: The distortions in 2004 are really almost -- I mean, they could give rise to litigation if someone were to really go in and focus on some of that. I mean, the -- it's not just whose district. It's really the quality of the districts. And, specifically, the Omni, for example, is getting a lot of money in 2004, and other so-called -- I'm talking about for residential areas. I object to that, number one, because the Redevelopment Authority money should go into the Omni, and those monies should be freed up for other areas. Chairman Winton: No argument out of me. Vice Chairman Teele: But in my area, for example, where I have the Design District, where we're putting in money ahead of the area across the street where they have no sidewalks, we're talking about repairing sidewalks in Design District, but in the area on -- just on the other side ofMiami Avenue, where those people have been here day after day, month after month -- City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Have no sidewalks. Vice Chairman Teele: Huh? Chairman Winton: Have no sidewalks. Vice Chairman Teele: Have no sidewalks, no drainage, and you all said you all were going to go out and look at the area. Am I -- did you all find any sidewalks over there? Ms. Cuervo-Schreiber: In that specific' area, we did not. Vice Chairman Teele: So, you know there is really some -- Chairman Winton: You're not getting any argument out of me, at all. (INAUDIBLE) Vice Chairman Teele: -- some disconnect between the Post Buckley Study -- Chairman Winton: I'm in total agreement. Vice Chairman Teele: -- that was done and -- I mean, I don't want to put Post Buckley down, but there's a complete disconnect in my mind between the Post Buckley Study and where we are today. Now, whether or not we don't read that study right, or whether or not the study was wrong, or where the guidance given to them was such, but there is a disconnect between the reality of areas, like the area ofAllapattah, where Angel Gonzalez committed to an area between 36th Street and 112, that they were going to be number one on the list, that area got transferred over to me in this. So, obviously, I'm going to be frying to preserve his commitments, but that's not even in the plan until 2005, 2006. That can't be. Vice Chairman Teele: Just so you can have an appreciation for how I agree with you -- Commissioner Gonzalez: Isn't that project going on right now? Vice Chairman Teele: The design. Ms. Cuervo-Schreiber: It's in the design phase. Vice Chairman Teele: But I'm talking about the capital -- the capital is out. Commissioner Gonzalez: But wait a minute. I saw on Channel 9, Mr. Cano -- Mr. Cano? Mr. Cano: Yes, sir. Commissioner Gonzalez: I saw you on Channel 9 talking about some improvements, and you saw actual work being done on loth Avenue and 38th Street. Mr. Cano: That was a storm sewer project. Commissioner Gonzalez: Pardon me? Mr. Cano: That was a storm sewer project. Commissioner Gonzalez: Right. Mr. Cano: Yes, sir. City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez: We're doing storm sewer now, right? That is going on now -- Mr. Cano: Yes, sir. Commissioner Gonzalez: -- as we speak? Mr. Cano: Right. The Commissioner's referring to the area -- Commissioner Gonzalez: Yes, sidewalks and streets. Mr. Cano -- between 36 and 39 -- Commissioner Gonzalez: But that is also going to get done. Mr. Cano: Yes, sir. Commissioner Gonzalez: Because when you talked to me, I told you that was going to keep my commitment to that neighborhood, even though now that was part of Commissioner Teele's district. But that -- we're working on that, too, right? Mr. Cano: Yes. We have an appropriation for design in the current year, and we anticipate that will be in construction in the second year of the plan and -- Commissioner Gonzalez: Which is? Mr. Cano: -- we have allocated two point four million dollars ($2, 400, 000). Commissioner Gonzalez: Which is? Mr. Cano: Pardon me? Vice Chairman Teele: That was in '05, I thought. Ms. Cuervo-Schreiber: 2004/2005. Mr. Cano: '04/05, yes, sir. That's on page 6 of 7 of that Transportation Plan. Commissioner Gonzalez: OK '04/05, can we get more definite commitment, that we're going to start those projects on 2004? Mr. Cano: Yes, sir, because '04 /'05 really begins at the end of September. Chairman Winton: October. Commissioner Gonzalez: All right. Thank you. Chairman Winton: And, Commissioner Teele, what was going to say is -- and I really shouldn't put this on record, because my neighborhood is having their annual picnic soon that I'm going to go to, my neighborhood, but they came through and redid sidewalks in my neighborhood. I jumped all over Jorge and said, I don't get it. Why are you redoing sidewalks in my neighborhood when there are sidewalks in this City that -- when there are areas in the City don't have any sidewalks at all? And so, I can't talk to you any other way, but you just need to know where I'm coming from there. And my neighborhood now, they're going to be mad at me now that I'm saying this. City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: But, Johnny, I swear to God, I think this plan was written in your office -- I mean, I've got to tell you, you know -- and, you know, there are areas -- I'm all for it. I mean, I am one hundred percent in favor of doing the engineering for one hundred percent of the need citywide, so that it's not a question that we're not going to do it. I think we should do the engineering, the same way the DOTs (Department of Transportations) do engineering for projects 10 years, 15 years down the road. The question becomes what are we going to do in terms of the capital improvements. What are we going to actually construct? And that's where this thing is really out of balance, in terms of -- all of the areas that in '04, in the area that I was looking at are areas that are very affluent, and the poor areas that have no sidewalks, et cetera - - the preliminary engineering is in there. I mean, the design work is in there, but it's all pushed out. And we've got to get a little bit more -- Chairman Winton: Which is exactly why you suggested this needs to be fluid, which I will support one hundred percent. So, we have a motion and a second. And the motion includes the modification that it is a fluid program, and the dollar amounts can be discussed annually in terms of what the priorities are. So that's the motion. Any further discussion? If not, all in -- is this a resolution? Ms. Cuervo-Schreiber: Thank you. Vice Chairman Teele: It's a resolution. Chairman Winton: OK All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Vice Chairman Teele: Mr. Manager, and I want to thank your staff for meeting during the middle of the FTAA, and really paying a lot of attention and the professionalism is very much appreciated. RE.4 03-0166 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BAYFRONT PARK MANAGEMENT TRUST ("TRUST") AND ROUSE-MIAMI, INC., TO PROVIDE BEAUTIFICATION AND MAINTENANCE FOR THE TORCH OF FRIENDSHIP MONUMENT LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 3RD STREET AND NORTHEAST 4TH STREET, MIAMI, FLORIDA, BETWEEN BAYSIDE MARKETPLACE AND BAYFRONT PARK AT THE FRONT ENTRANCE OF BAYSIDE, FOR A PERIOD OF FIVE YEARS, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL FIVE- YEAR PERIOD, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. 03-0166 - cover memo.pdf 03-0166 - budgetary impact analysis.pdf 03-0166 - previous legislation.pdf 03-0166 - exhibit- agreement.pdf City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1201 Chairman Winton: RE.4. Commissioner Gonzalez: Move RE.4. 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. City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 DISCUSSION ITEMS DI.1 03-0261 DISCUSSION ITEM DISCUSSION AND APPROVAL OF THE CITY'S STATE AND FEDERAL LOBBYING AGENDA FOR THE UPCOMING YEAR. 03-0261 - cover memo.pdf 03-0261-legislative agenda - 2.pdf DISCUSSED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Teele, and passed unanimously, with Commissioner Sanchez absent, to approve the City's State and Federal Lobbying Agenda for the upcoming year, as more fully outlined in a memorandum on file with this item. A motion was made by Commissioner Regalado, seconded by Vice Chairman Teele and passed unanimously, with Commissioner Sanchez absent, insfructing the City Attorney to draft a ballot question to be scheduled during the March 2004 election regarding whether the City ofMiami should participate in the construction of a baseball stadium for the Florida Marlins; further insfructing the City Manager to come back to the Commission with a recommendation on a proposed location and revenue stream for the stadium. Chairman Winton further requested the Mayor and City Manager meet with each Commissioner on this issue with status reports. Direction to the Administration: by Chairman Winton to contact the Executive Director of the Downtown Development Authority (DDA), regarding funds for lobbying during the upcoming legislative session; further requesting that a mechanism be established to request additional funding and gather information from the DDA, Miami Sports & Exhibition Authority (MSEA) and the Community Redevelopment Agency (CRA) in terms of their key priorities so that the City may lobby those issues. Vice Chairman Teele: Did Commissioner Sanchez want to defer this item? Chairman Winton: Which one? Commissioner Gonzalez: I don't think so. Vice Chairman Teele: The state and lobbying. Chairman Winton: He didn't say that. It's not in his memo. Well, we can. Vice Chairman Teele: Has anybody discussed it with him? Ignacio Ortiz (Senior Assistant to the City Manager): Good afternoon, Commissioners. Ignacio Ortiz, City Manager's Office. Vice Chairman Teele: Has anybody discussed the lobbying issue with Commissioner Sanchez? Mr. Ortiz: I discussed it with his staff. Chairman Winton: Is this -- Vice Chairman Teele: Well, what I would like to do is approve this, but put it on the agenda for City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 the next meeting, when he's going to be here, so that if he's got some other -- I mean, this is going to sort of be a working process all the time anyway. Mr. Ortiz: Agreed. My -- OK, that's fine. Vice Chairman Teele: I would move the item, as presented by the Manager, for discussion. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? I would like to hear the presentation in terms of what the plan is. Commissioner Gonzalez: OK Chairman Winton: Like now. Mr. Ortiz: No, it's right here. Good after -- I mean, good morning, Commissioners. Sorry. These are the department recommendations for -- Do you need a copy? Chairman Winton: Yeah, then I don't have to go searching. That will be great. Thank you, Ignacio. Here, have one of these. They help -- Oops, sorry. Here's another one. Mr. Ortiz: These are the department recommendations for our state lobbying agenda for the upcoming session that begins now in March of 2004. They do not include any of your recommendations or the Mayor's priorities. Chairman Winton: And when do we get at those? Mr. Ortiz: Whenever you'd like. I've reached out to the staffs on several occasions, but at any time you can introduce any sort of priorities you wish. Chairman Winton: Now, I know the Mayor has come and asked for additional monies from DDA (Downtown Development Authority), MSEA (Miami Sports & Exhibition Authority), CRA ( Community Redevelopment Agency), matched by City ofMiami for lobbying, and he came before the DDA. The DDA has actually approved it, and the objective was to get fifty thousand dollars ($50, 000) from each of those entities that's going to -- so that we can pool our resources, so that we can enhance our entire lobbying effort. Is that built into this some way or another? Mr. Ortiz: Yes and no. This is the actual agenda. This is sort of a policy roadmap as to what it is we want to pursue down the line. Our state lobbying contract is under RFP (Request for Proposal) right now. So, once we are award that contract, then that kicks in. Chairman Winton: And how about federal? Mr. Ortiz: The federal contract has already been award, and we have federal lobbyists right now. Chairman Winton: Well, just so you all know, Commissioner Teele and Regalado, the DDA did, in fact, pass a resolution at the last DDA board meeting in support of a fifty thousand dollars ($ 50,000) contribution to a joint -- kind of a global fund, and so I think it's going to be important, very important, as these entities each pass that that there's a mechanism in place to gather information from each of the entities that's participating in term of what key priorities are so that we can -- City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Mr. Ortiz: Absolutely. Chairman Winton: -- lobby those issues. Mr. Ortiz: Absolutely. I have been now tasked by the Manager to be that point person. Any sort of information that you need to be taken up to Tallahassee or to Washington, DC can certainly come through our office and we'll be more than happy to pass that on to our lobbyists. Chairman Winton: Well, I think what you need to do is do a reach -out, and so I would urge you to call the new executive director of the Downtown Development Authority and have a meeting with him and -- Mr. Ortiz: Is that Mr. Nottingham? Chairman Winton: Yes. Mr. Ortiz: I've already been in contact with him, but I'll absolutely reach out to him, sir. Chairman Winton: OK Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I guess the Manager's gone and Linda's gone, but -- Chairman Winton: You want them? Vice Chairman Teele: No, not necessarily. I mean, but -- you know, what's so obvious here -- and, you know -- is on one hand, this City, you know, is saying we're committed to a stadium, a Marlin's Stadium. You know, you've got everybody out there acting silly, doing this, all of us putting on Marlins shirts, and on the other hand, what's in this that specifically underscores that priority? Mr. Ortiz: Sir, once that priority gets hashed out, then -- and with direction from the Commission, of course, we can go ahead and forward that. The two items you see here from the Conventions and Conference Department, those are just -- you know, we want to get a policy call on that. It's not necessarily something that we will or will not introduce. That's on the sports tax for the Orange Bowl. Vice Chairman Teele: Well, I don't know. I come from a little bit different school of thought. I don't think we should just sit here, and -- I mean, you know, why even come to Commission meetings if we're just going to be given a bunch of busy work and the real deals -- the real decisions and real discussions are going on somewhere else. Because we all know that we're going to be talking about a Marlin stadium, and it doesn't make sense not to put the thing on the legislative priority list. I mean, who are we kidding? Are we kidding ourselves? I mean, I can see not laying out a strategy, all of that, but, I mean, we're demeaning -- I'm not putting this on you. I'm talking to my -- we're demeaning ourselves and we're marginalizing ourselves as a Commission, if we keep just accepting documents, sort of like what you were talking about this morning, Angel, where everybody's going to just basically change, then we're going to come up here and then you look like a schmuck if you don't agree. Commissioner Gonzalez: Exactly. City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: So, all we are is just rubberstamps, or moving in that direction. I mean, I don't think we can maintain faith with the public on all of the pronouncements that we've had over the last month, if we don't at least include in our legislative priority a plan for or to be developed a holding place for the Marlins stadium. Now, we're either for this thing or we're not. And, you know, folks I've got to tell you, you know, I've been for a stadium in here and been the only one up here for it, because everybody saying, '7'm not taking that." Now, the Marlins is a good thing right now and it's apple pie, and everybody's waving that flag, but let people start protesting about taxes and all that, and I can guarantee you, one of my colleagues is going to join side with the people. Let me put it that way. So, you know -- but we don't need to kid ourselves that -- I'm for the stadium, and I would very much like to see a holding place saying that we are going to support an aggressive program, to be defined, relating to the Marlin's stadium, and I'll take it a step further. The way you get everybody involved in this thing, including Commissioner Regalado, is you take it to the people, right? If the people vote for it, you don't have a problem, do you? Commissioner Regalado: I never have a problem with the people's vote. Never. Commissioner Gonzalez: I agree with you a hundred percent. Vice Chairman Teele: And if we're thinking smart, here -- Johnny, if we're thinking smart, what we should be doing is formulating a strategy, in my opinion, to put on the March Presidential ballot -- Commissioner Gonzalez: I agree with you a hundred percent. Vice Chairman Teele: -- the approval of a tax or a revenue stream, subject to the legislature or whatever else. Chairman Winton: Whatever else. Vice Chairman Teele: Or whatever else. But, I mean, you know, we're not -- we don't have -- we're not running on all eight cylinders around here, I don't think. I think, you know, this thing - - it's too much is being done sort of sub Rosa, and then it's all coming out here and I'm not comfortable with that kind of process. I think we need to be transparent about it. If we're going to do this, we want to do it. And I don't think there's anything that we're going to approach in the legislative agenda that is going to be more public, more controversial, engender more back and forth than the Marlin's stadium. And I think to put something out here at this point that doesn't even address that is really -- it doesn't do us good, not to at least put it on the table. At least, I'm not going to waive that issue. Chairman Winton: So, what are you suggesting? Vice Chairman Teele: I suggest that we defer this item until the next meeting, with instructions to the staff to include the Marlin's stadium. It doesn't have to have the plan. It doesn't have to have that, but at least some concepts that we're talking about. Mr. Ortiz: Commissioner, ifI may speak for a second. I'm actually glad -- Commissioner Regalado: Can I -- excuse me. Go ahead. Mr. Ortiz: Oh. I'm actually glad I did this. I -- you know, I got direction from you, and that's absolutely something that we need to consider and put on here. Chairman Winton: Commissioner Regalado. City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: Ignacio, when committees start -- the session starts in March Mr. Ortiz: Correct. Commissioner Regalado: Committee starts next week? Mr. Ortiz: We just had a committee week last week. Commissioner Regalado: Last week. Mr. Ortiz: And we have a committee week the week of the -- Commissioner Regalado: Did you send anything from the City already to the committees? Mr. Ortiz: No. None of the -- and I apologize for this. None of the City's bills have to be introduced prior to December the 3rd. Chairman Winton: Prior to what? Mr. Ortiz: December the 3rd. And I think the next meeting is December the 11 th. Commissioner Regalado: See. See. So, what -- Commissioner Gonzalez: OK Chairman Winton: So, we need to pass this today -- Commissioner Regalado: No, no, no, no, no -- Vice Chairman Teele: What's going to happen -- Mr. Ortiz: No, you don't -- you don't -- Commissioner Regalado: -- no, we don't need to pass it. What we did -- what we need to do today is what Commissioner Teele says. The most visible, the most important issue, the issue that had been part of the talk of the town for the last two months has to be a public vote on the Marlin's stadium, with a revenue sfream -- not tax -- revenue sfream on the March Presidential primary predicated on the legislature. If we don't get on committee next week, forget it. It will be only a straw vote. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes. Commissioner Regalado: So, I would -- Chairman Winton: So, tell me what you're telling me. Commissioner Regalado: As a matter of fact, if you want to do it in the afternoon a little, we can discuss it, if you can, because I really got to go. Commissioner Gonzalez: Commissioner, would you yield? Commissioner Regalado: Yeah, sure. City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez: That's exactly what was going to suggest, and I don't know, Commissioner Teele, if this would in order. Why don't we send adminisfration out to work on this during -- Chairman Winton: During the break. Commissioner Gonzalez -- the rest of the afternoon, and bring something back to us this afternoon that we can approve. Commissioner Regalado: No. Commissioner Gonzalez: That we can -- Commissioner Regalado: No. No, no, no. We do it. We design the priority, and then the adminisfration would take it as a priority. Commissioner Gonzalez: OK Mr. Ortiz: Absolutely. Commissioner Regalado: But it has to include a public vote predicated on the legislature. Commissioner Gonzalez: Exactly. Commissioner Regalado: Because you know what? If you have been listening to this state legislature, they all say, you know, if there is a public vote, you know, we -- if there is a public vote -- so we need to have a mandate of the public, not of the City Commission, not of the City Manager or the Mayor. We are not the majority. Commissioner Gonzalez: And it should be a County -- a Countywide (INAUDIBLE). Commissioner Regalado: And, remember something, next September, all of the state representatives and three of the -- our state Senators will be up for reelection. Next September. So, they do need the vote on March to see what the win is going. So, we need to put this on the ballot, on the Presidential primary in March. Vice Chairman Teele: Mr. Chairman, what we're saying that's a little bit different is normally -- I shouldn't say normally, but generally, the presumption is that you go to the legislature, get the legislature to pass something, the legislature passes something subject to a tax -- subject to a vote. What have suggested is if we really want to keep the energy moving forward is, we sit down and we figure out what the range of options are, that the management come in to us and explain where they would like to be, and give us the opportunity, before the March elections, to put the issue up for a vote subject to legislative approval -- You see what I'm saying? -- as opposed to going to the legislature and them saying subject to a vote. And you can do it either way. I'm assuming the lawyers will agree. I think this happened on the firstJackson vote, is that it was done first, subject to some legislation. But in any event, the worst thing that could happen is that you vote for something, the legislature gives you something totally different, and then you -- than that vote may be -- But that vote will be very, very instructive to the legislative delegation, even if it's no more than a sfraw vote, which I don't recommend. But do think that -- what don't want is for us always be walking the gangplank on time line. Look, the March Presidential election is going to be what date? What is the date, Madam Clerk? Commissioner Regalado: 13, I think. Vice Chairman Teele: 13th ofMarch. We're out of here for 30 days between December and City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 January. There's no -- you don't have a -- so, to meet all of the requirements, Mr. Attorney, you need to do this within a certain Charter timeline. And what I'm telling you is, you don't have a lot of time. Alejandro Vilarello (City Attorney): Probably, by the first meeting in January -- maybe by the second meeting in January -- Commissioner Regalado: No. Mr. Vilarello: -- will be the -- Commissioner Regalado: No. Vice Chairman Teele: I thought it was 60 days. I thought it was -- Is it 45? Mr. Vilarello: Sixty or 45. Commissioner Regalado: January 9. Mr. Vilarello: Is that 60 days? Commissioner Regalado: I guess. Having a bond question -- yes. Vice Chairman Teele: The only point that I'm -- Commissioner Regalado: March Presidential primary is March the 9th. Vice Chairman Teele: The only point, Mr. Manager, that I'm raising -- Mr. Manager, the only point that I'm trying to raise is this, for a legislative agenda to be at least intellectually honest, we should have some reference to the Marlin's stadium on here, if we're serious about it, not necessarily strategies, not necessarily where we're going and all of that. And then what I'm saying, on the record, is that would much prefer to have consultations through the staff and the lawyers with the various committees and the House and the Senate. I note, for the record, that Commissioner -- Senator Margolis was just appointed Chairman of the Senate Finance Committee, which should be a big help to us. And we should go forth and put an item on the ballot, subject to legislation, as opposed to letting the legislature come in and then wind up getting it caught up in a Presidential election in November that winds up going in some direction . You know, you may have one guy running saying, I don't -- I'll -- if you elect me President, no new taxes. I mean, you wind up getting stepped on by some National issue that you have no control over. Commissioner Regalado: No. And you don't only have that. You have the mayors, Miami - Dade County Mayors' race, which -- Vice Chairman Teele: And that would become politicized. Commissioner Regalado: And that would become politicized. Vice Chairman Teele: And one of them -- one of the major candidates, for sure, would be opposed to the stadium. Commissioner Regalado: Absolutely. And one will be in favor. Vice Chairman Teele: And one will be in favor. City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: Absolutely. Vice Chairman Teele: We know how that played out. Commissioner Regalado: It's a 1996 -- Vice Chairman Teele: You --I supported the stadium. Commissioner Regalado: Well, Penelas didn't. Vice Chairman Teele: No. But as soon as he got elected -- Commissioner Regalado: Yeah. Joe Arriola: I'll identify myself. Joe Arriola, City Manager. And I just want to explain to you why this stadium is -- it might be a moot issue right now. One of the things that Major League Baseball is not willing to do is guarantee any of the loans on this stadium. So, as long as that is the mentality ofMajor League Baseball, we could pretty much say that there's not going to be anything else in any agenda, because that's --I mean, obviously, the County is not going to allow the team to guarantee the stadium and, obviously, I would never even talk to you folks on any issue unless Major League Baseball is willing to guarantee all the bonds on all the loans. So, that's where we're at right now. So, it's kind of like -- I mean, I don't want to shoot it yet, but it's not flying very high or flying, at all. Vice Chairman Teele: But, you know what? I beg to differ with you on the point, Mr. Manager, notwithstanding your point, which you're right on, as far as it goes, but I think the way we have clean hands is that we go forward, and I -- Chairman Winton: From a sfrategic standpoint. Vice Chairman Teele: From a sfrategic standpoint. Chairman Winton: Because they could change their minds. Vice Chairman Teele: And I guarantee you, if we put an issue on the ballot, if it passes, that will give Major League Baseball a hell of a lot more energy and lot more courage to maybe coming to the tables, but -- Commissioner Regalado: And just -- I have to leave, but the County took the lead and the City, who has been called to be the primary participant, has never said anything publicly. Never done anything publicly. So, from the political point of view, from the strategic point of view, we do need something in the ballot in March Presidential election. Mr. Arriola: That's what I think. Chairman Winton: OK. Commissioner Regalado: If not, you know, the City is going to look as the one that is shooting the horse. You know what I mean? Chairman Winton: OK So, what are we doing here now? Mr. Ortiz: A general statement -- Mr. Arriola: I apologize, Mr. Chairman. City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: In the afternoon, if we can bring something in the afternoon. Vice Chairman Teele: We're going to bring this item back and -- Chairman Winton: Got it. In the afternoon. Mr. Arriola: OK. Chairman Winton: Yes, sir. Mr. Ortiz: A general statement of support. Commissioner Gonzalez: We're done, right? Chairman Winton: We're done. Vice Chairman Teele: Well, (INAUDIBLE) with the Manager and see -- Chairman Winton: We have finished with the regular agenda, with the exception of those items that are time certain. Chairman Winton: Commissioner Regalado, did you have a question? I'm going to move to the Planning and Zoning -- Vice Chairman Teele: Are you going to swear everybody? Chairman Winton: Yes, I am. Commissioner Regalado: No, I'm -- just a question. We do the March Presidential Primary after the Zoning, the Planning and Zoning. The stadium -- Chairman Winton: Yeah, D.1. We just -- do you all want to do D.1, or do you want to wait until after Planning and Zoning? OK, we're going to do D.1. Commissioner Regalado: What is D.1? Ignacio Ortiz (City Manager's Office): Good afternoon, Commissioners. Chairman Winton: Yes, sir. Mr. Ortiz: I've added the -- oh, Ignacio Ortiz, from the City Manager's Office. Sorry. I followed the language in the general support for Marlins Stadium, and I've also added language regarding charter schools, the conversion of public school feeder systems into charter school feeder systems. It's general support language. Commissioner Regalado: Citywide? Mr. Ortiz: Feeder patterns. Feeders, not citywide. Chairman Winton: It was originally citywide, but it didn't fly, so the last attempt in the legislature last year was to get a high school and all the feeder -- high school in the City of Miami and all the feeder schools that go to that high school as a charter district for the City of Miami. That's what it was last -- that was the Mayor's initiative thatl remember. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: Did we designate which one? Chairman Winton: I don't think it had been designated. Mr. Ortiz: It's not yet been designated. Chairman Winton: That would be up to -- I'm assuming that's the -- got significant input into when it -- if we're successful at getting that. Vice Chairman Teele: Will we have support from the School Board for that? Mr. Ortiz: It depends what language is put in the bill. Chairman Winton: OK. Anything else on that issue? Do we need to take action on this issue? Mr. Ortiz: Yes. Chairman Winton: Is that information? Mr. Ortiz: Please, just approve it. Chairman Winton: What are we approving? Mr. Ortiz: You're approving what's in front of you, the legislative agenda. Chairman Winton: But there's going to be more stuff added to that. Mr. Ortiz: Absolutely. This is what we have up to this point. Chairman Winton: This is round one of the legislative agenda. Mr. Ortiz: Yes, sir. Commissioner Regalado: So how do we incorporate the priorities? Because the committees start -- well, they started last week. And you need to have all your issues in the committee before the next Commission meeting. Mr. Ortiz: December 3rd. Commissioner Regalado: December 3rd. So before the next Commission meeting. So whatever doesn't get into the committee, it won't get to the full House or the full Senate. Mr. Ortiz: There's ways ofgetting it in. There's ways ofgetting it in. Chairman Winton: But it's better to do it as you're suggesting. Unidentified Speaker: Ways. Mr. Ortiz: It's better to do it -- but there are ways ofgetting it in. And these are -- and again, these are general guiding principles. Chairman Winton: We need a motion. Maybe we can -- I don't think we want to sit here the rest of the day, so we need a motion to accept it or to reject it; not to -- Commissioner Gonzalez: Move. City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: I have moved it -- I'll second the item with the -- Chairman Winton: Got a motion by Commissioner Gonzalez and a second by Commissioner Teele. Do we have further discussion? If not, all in favor, "aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. Ortiz: Thank you, Commissioners. Commissioner Regalado: OK. Now, Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: On the ballot question for the Marlins Stadium or the Miami Stadium, whatever. We need to do this, or at least direct the City Attorney to write something for the December 11 th meeting if we want to make the March 9th Presidential Primary in the City of Miami. So I'll move that we direct the City Attorney to write a ballot question that should the City ofMiami government participate in building a stadium for the Florida Marlins? Vice Chairman Teele: I second the motion for discussion. Chairman Winton: Motion, second. Discussion. Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I think this is a tricky issue. We've got to be careful. Number one, I would think that the Manager has got to engage in a discussion with the owners to make sure that this is something that the owners will see as helpful, number one. Number two, a judgment has to be made in conversations with the legislature as to what the proposal would be. I mean, I just -- I'm very much in favor of being very transparent in indicating our willingness to support the Marlins and to go out and campaign for the Marlins for something. But they've got to want it, number one; and number two, I think it has got to be consistent with the overall plan. I think Commissioner Regalado is right that the time to do this is now, and if you don't do it now, you're going to lose a full year's cycle from now before you can get back to a ballot. I mean, the next ballot is going to be in November that the City has. I guess there's a countywide ballot in September, perhaps. Well, there will be a countywide ballot in September. But I, for one, am very much in favor of getting away from a mayoral election on an issue like this, because it's nothing but a -- I mean, it's nothing but absolute fodder for a political campaign issue. Somebody is just going to grab it, and make it a political issue, and be for it, and then turn around, if they get elected, and be -- you know, be against it. And somebody is going to be against it, and if they get elected, they'll be for it. So, you know, the only thing that happens is that the public winds up getting duped. I think that we've indicated all this support for the Marlins, and I certainly believe that a stadium would be a tremendous benefit to where we're trying to take this City. And I believe that the time to do that on a referendum basis is now. I just would support the motion, providing it is more of instructions to the Manager and the Attorney to come back at the next meeting with an advice or a recommendation for that. And that would be the intent of whatl'm trying to establish. What I'm 100 percent in agreement with is that we get everything stuck on us at the last minute and say, OK, now, you know, we've negotiated this before. And that's just not, you know, the way that process really should work, nor is the idea of relying on the legislature, because if you pass something, you put the pressure on the legislature to act. And it really isn't a question of one has to go with the other. It's a question of who's going to provide the leadership. I'm not frusfrated at all that the City has not been out there with a proposal. I'm not. Recognizing that the County has got the untapped revenue stream by State law, the various revenue streams to build this, and I mean, I'm happy City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 that they're out front on it. I do think that we should have some discussion on the location. And to be very honest with you, Mr. Chairman, I'm a little bit concerned that the discussions seem to be going on in a way that this Commission has not weighed in on a location. And I don't -- I would hate for a location to be given to us and say this is it. I mean -- Chairman Winton: It won't happen. And I don't think there's anybody in our group, including me, that -- I think -- Vice Chairman Teele: So the idea of building it at the -- Chairman Winton: It's as big a challenge as financing. It's as big a challenge as financing. Vice Chairman Teele: And that's why I think building the -- getting the commitment to build the stadium should go ahead of the location, because I think once you -- Chairman Winton: I agree. Vice Chairman Teele: Huh? Chairman Winton: I agree. Vice Chairman Teele: Once you get the location, everybody who's not in favor of that location loses interest. Chairman Winton: Yep. Vice Chairman Teele: And that's why, again, to move forward, I just think that, candidly, that we ought to look at every effort to have this thing in the downtown area, particularly in light of how our tax base is structured right now. And if it's not doable there, then we ought to put it somewhere else. Joe Arriola (City Manager): Commissioner, and again, you must understand, the County has not -- we have not found a single revenue stream that we could dedicate to the stadium, not one. The County has said that they are going to do -- use some (UNINTELLIGIBLE) money that they have promised to several other municipalities to do this, including in some of the promise the County has made, some of our own money that we've been using for some other facilities. On top of that, the hundred and thirty-seven million dollars ($137, 000, 000) that the Marlins have offered is based on 40 years, which we cannot bond it. So, you know, everybody is very hot on this discussion, and everybody is going on and on. To this day, so you have an understanding, all that is on the table of real money is ten million dollars ($10, 000, 000). So we are about four hundred and forty million dollars ($440, 000, 000) short of the monies we need for the stadium. So I don't mind the County going out and mail -- the County going out and making all kinds of promises that are not going to be kept. I think the City should stand back and watch them do what they need to do, and as long as -- the moment we find a revenue source that we could dedicate to this thing, I'll be the first one to come to the Commission and talk to you. But I have not been able to find one. Chairman Winton: I would also recommend, Mr. Manager, that you and the Mayor get around and visit each of the Commissioners, and bring them up to speed in total, just in terms of what the -- two parts -- what the discussions have been and where your thoughts are, so that they're completely up to speed in terms of those two things, and I think that'll help with the process immensely. Mr. Arriola: Yes, sir. City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: Here's the thing, Mr. Chairman and colleagues. The Manager has painted a picture that is -- I believe it's real. But what is out there, what is in the public domain, what I heard you said on the radio, is that the City ofMiami is really involved in trying to build a stadium. Now, it's very simple. We can say publicly, look, there's no way to do it, the City cannot participate and the City will not use -- because that's a promise made by the Mayor when he was a candidate, when he became Mayor -- we will not use tax dollars, revenue, our general revenue funds to build a stadium. We can just kill it, say it publicly, and, you know, let the Marlins and the people -- but the perception is that the City ofMiami has a secret plan, as I heard you say on the radio -- Mr. Arriola: I have not talked about a secret plan, sir, to anybody. Commissioner Regalado: In the Poderosa, in the morning, you said that you and the Mayor had a secret plan to build -- Mr. Arriola: I know how you heard that. Commissioner Regalado: I'm not going to get in an argument, Joe. That's not the point. The point is that we need to have the input of the people. Does the people ofMiami want the City to participate? We don't know how, butt guess with the land. It's the most logical thing, the thing that won't cost hundreds of millions of dollars, which we don't have. So we need to know. We need to come to the people and ask them, so the people will speak. And the only way to take this away from local politics is to do it in March. If we do it in September, in the primary of the County, with the State representatives and all that, or in November, in the Presidential election, it would get complicated, convoluted with politics. That's my thinking. Chairman Winton: Yes. Commissioner Gonzalez. Commissioner Gonzalez: Yes. I agree with my colleague, Regalado. The people out there, when you hear the radio, everybody wants a stadium. Now, the question is, where is the money to build the stadium? You know. And talking to -- about a month ago, talking to a group of people, I told them, you know, we are all in favor of a stadium. I think it's great. It's going to be great for the City ofMiami to have the Marlins and to have a stadium. But how are we going to build it? Chairman Winton: And who's paying for it? Commissioner Gonzalez: Are we -- are the citizens of the City ofMiami willing to take money from sidewalks, from streets, from parks, from sewers to put into building a stadium? I don't think so. OK? I don't think so. Now, the question is -- yeah, we should -- I believe that we need to put out a question: Do you want the City ofMiami to build a stadium? They probably will say, yes. Are you willing to pay `X" percentage of a fee or whatever for two years, or for a year, or for whatever it's going to take to pay for the stadium. That would be the second question. If people want a stadium and they're willing to pay for it, then, you know, that's the people's will, and we should abide by the people's will. But, you know, talking about building a stadium without money is like dreaming, you know. And we can all dream all we want that -- that will be fantastic. But it's not reality. So I agree with Commissioner Regalado that, yeah, people out there want a stadium. But first of all, we have to identify where the money is going to come from in order to build the stadium. Thank you. Chairman Winton: Commissioner Regalado, you had -- Commissioner Regalado: No, I didn't say -- I didn't say that the people want the stadium. I said that the people think that the City ofMiami should be the point City or the point agency. What I -- and I mean, there is no doubt on my mind that the public perception is that the City ofMiami City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 is now in turn. Whatever Penelas said, and whatever the Marlins said, you know, that's part of the thing. But now, it's the City's turn. That's whatl think. Chairman Winton: Do you have a motion on the table? Commissioner Regalado: The motion is to have the City Attorney come back with some language in the next Commission meeting, and Commissioner Teele, I think had some kind of suggestion that would accept as an amendment that the Manager will bring us some ideas as to how to present that to the public. Chairman Winton: Including the fact that the Mayor and the Manager will come around and meet with each of you and share all of the information that they have to date, which will also help, just in terms of thought process, when it comes back to a Commission meeting. Commissioner Regalado: Fine. Chairman Winton: OK. So we have a motion, a second. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PART B RESOLUTIONS PZ.1 03-0187 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE VILLAGGIO PROJECT, TO BE LOCATED AT APPROXIMATELY 2745, 2749, 2755, 2765, 2803, 2823, AND 2833 COCONUT AVENUE AND 2740-2744, AND 2754 SOUTHWEST 28TH TERRACE, MIAMI, FLORIDA, TO BE COMPRISED OF A RESIDENTIAL BUILDING WITH UP TO 86 RESIDENTIAL UNITS, RECREATIONAL AMENITIES AND APPROXIMATELY 118 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. 03-0187-Backup1.pdf 03-0187-Backup2.pdf 03-0187-Backup3.pdf 03-0187-DRAFTLegislation.pdf 03-0187-Exh i bitA. pdf 03-0187-Exh i bitB. pdf 03-0187-Exh i bitC. pdf 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-03-1183 Chairman Winton: OK, PZ.1. Lourdes Slazyk (Assistant Director, Planning & Zoning): For the record, Lourdes Slazyk, Planning and Zoning Department. PZ.1 is a major use special permit for the Villaggio in the Grove Project. The properties are located at approximately 2745, 2749, 2755, 2765, 2803, 2823 , and 2833 Coconut Avenue, and 2740 through 44, and 2754 Southwest 28th Terrace. The proposal is for a planned unit development with 86 units and 118 parking spaces. The project was recommended for approval by the Planning Advisory Board, with conditions, by a unanimous vote. What's interesting about this project is it fronts on two different streets, and it's two very, very different characters. One of them responding to a more commercial feel, along 28 th Avenue, where the Hampton Inn is, if you're familiar with the U.S. 1 and 27th Avenue area. The other site fronts on Coconut Avenue, and it is a much more low density residential feel. So what the applicant has done in this project is really respond to both of their frontages with very different architecture. We recommend approval with the pretty much standard conditions within a major use special permit, except that the UDRB (Urban Design Review Board) and the Planning and Zoning Department recommended that modifications be made to the proposed landscape plans to indicate the increase in the amount of landscaping requested. Again, more so City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 for the Coconut Avenue, because of the lower density residential feel. Otherwise, we feel the project was very well designed and very -- and responds very well to the very different characters of the streets on which they front. Chairman Winton: Is there opposition to this project in the audience? Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg, Traurig, 1221 BrickellAvenue. Vice Chairman Teele: Best presentation I've heard. I move the item. Chairman Winton: We have a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. It's 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. We have a motion and a second. This is a resolution. A motion and a second on PZ.1. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you very much. Ms. Pardo: Thank you very much. Chairman Winton: Fabulous presentation. Vice Chairman Teele: Great presentation. Chairman Winton: And by the way, I do want to -- and I would like to put this on the record. I think Coconut Grove is a very difficult neighborhood to develop in, as everyone knows. And the fact that they're -- I can assure you, people in the Grove know that this project is going to happen. You all have done a really -- apparently have done a really good job, because this is the first I've heard of this project, by the way. I knew nothing about it. So apparently, you all did one heck of a job at responding and building to the character of the surrounding neighborhoods and communicating with your neighbors. And this, for all you developers out there, goes to show if you work closely with the neighbors and you don't get too greedy, you can have a successful project and not fight with your neighbors for six or eight months. So thank you for the good work. Ms. Pardo: And thank you very much. Vice Chairman Teele: Good comments. PZ.2 03-0241 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ROADS END VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 928 SOUTHWEST 10TH STREET AND 915 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF A RESIDENTIAL PLANNED UNIT DEVELOPMENT WITH UP TO 26 UNITS WITH TWO CAR GARAGES FOR EACH UNIT FOR City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 APPROXIMATELY 52 PARKING SPACES TOTAL, AND RECREATIONAL AMENITIES; 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. 03-0241-Backup2.pdf 03-0241-Backup3.pdf 03-0241-Legislation.pdf 03-0241-Exh i bitA. pdf 03-0241-Exh i bitB. pdf 03-0241-Exh i bitC. pdf 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-03-1184 approved with conditions Chairman Winton: PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 2 is a major use special permit for the Roads and Village Project, located at 928 Southwest loth Sfreet and 915 Southwest 11 th Sfreet. This is also a major use special permit for only 26 units, with two -car garages for each unit, making up approximately 52 parking spaces total, and recreational amenities. This project was recommended for approval, with conditions, by the department and approval by the Planning Advisory Board. The variances were also recommended for approval by the Zoning Board. In this particular case, what's important to note is the variances were a result of really doing some good urban planning with the project. By bringing the units out to the street and creating a very, you know, old town neighborhood feel, they created a driveway -- the driveway system, and the garages are behind the fronts of the buildings, so that it is a very non -vehicular - intrusive project. And we would recommend approval. The conditions are the standard conditions in a major use special permit, and that all the design review comments be incorporated into their final, final plan. Ben Fernandez: Good afternoon. Chairman Winton: Yes, sir, Ben. Mr. Fernandez: Commissioners, Ben Fernandez, law offices of Bercow and Radell, 200 South Biscayne Boulevard. Chairman Winton: Before you go further, can I -- could we inquire, is there opposition to PZ.2 in the audience? Is there opposition to PZ.2 in the audience? Presentation very -- Mr. Fernandez: Thank you. Vice Chairman Teele: Move, approval with conditions. Commissioner Gonzalez: Second. Chairman Winton: We have a motion -- City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez: Right after we finish voting on this, I have a question for you, OK? Mr. Fernandez: Absolutely. Chairman Winton: OK. We have a motion and a second. This is a public hearing. Anyone from the public like to speak on PZ.2? Anyone from the public on PZ.2? Being none, we'll close Vice Chairman Teele: Mr. Chairman. Chairman Winton: -- close the public hearing. Vice Chairman Teele: May I? Chairman Winton: Yes, sir. Vice Chairman Teele: May I inquire, do you accept the conditions, or are there any disputes over the conditions? Mr. Fernandez: Absolutely not. We've thanked staff for working with us on this project. We think this is going to be a real shot in the arm. This is right next to the Roads, and it's what's really needed in this area, and we accept all the conditions. Chairman Winton: OK. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. Fernandez: Thank you. Commissioner Gonzalez: Mr. Attorney. Mr. Fernandez: Yes, sir. Commissioner Gonzalez: My question to you is, back in July of this year, we discussed a project here on Northwest 57th Avenue and 7th Street, which is a proposed site for a new anchor. As part of your commitment -- and I guess it was a commitment, Mr. City Attorney -- the speed up process to demolish the structure that is there and clear the site. The project was approved. That is in my district. I approved it after you made certain conditions or your client made certain conditions that the administration, the Planning and Zoning recommended. But you made a compromise -- your client made a compromise to clean up the site. This site is still the same way it was back in July. And I'm starting to get calls from my constituents on when is this place going to be cleaned up. And I'd appreciate it if you'd be kind enough to call your client and tell them to please -- Mr. Fernandez: We certainly will, Commissioner. Commissioner Gonzalez: -- so that the process -- at least to clean up the place. Mr. Fernandez: We certainly will. And I want to give you every assurance that it is Eckerd's intent to continue with the development of that project. They have not abandoned it. They intend to demolish the structures that are on the property and proceed with the new store. There are two owners, and so it isn't as simple as it is when you have one owner. But everything is now in place from the City's standpoint, and I know that they're going to move forward with the City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 demolition. Commissioner Gonzalez: Now, as the Commissioner of the area, I can give you an alternative. If they're not read to demolish, at least, you know, on the fence, they can put one of those covers or something, so that people that go by and neighbors don't have to be looking at that eyesore every day. Chairman Winton: Like the developers do in downtown. Commissioner Gonzalez: Like the developers do in downtown. OK? Mr. Fernandez: An excellent point. I'll make that -- Commissioner Gonzalez: OK Thank you, and have a happy Thanksgiving. Mr. Fernandez: Thank you. You, too. Chairman Winton: If they want to develop in the City anymore, Ben. Ben, if they want to develop in the City in the future, they'd better respond. You know whatl mean? PZ.3 03-0192 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 A SIX FOOT STORM WATER EASEMENT FOR THE PROPERTY LOCATED AT APPROXIMATELY 480 NORTHEAST 30 TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED " EXHIBIT A." 03-0192-Backup1.pdf 03-0192-Backup2.pdf 03-0192-Legislation.pdf 03-0192-Exh i bitA. pdf REQUEST: Closing, Vacating, Abandoning and Discontinuing of an Easement. LOCATION: Approximately 480 NE 30 Street APPLICANT(S): Maysville, Inc. APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended approval to City Commission on October 20, 2003 by a vote of 9-0. City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PURPOSE: This will allow a unified development site. 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-03-1185 Direction to the City Manager: by Vice Chairman Teele to provide the members of the Commission with a memorandum showing agreement between the City Administration andHrs. Vicky Garcia -Toledo in connection with the time line when this item was first submitted by the applicant and all the subsequent steps showing dates for same. Chairman Winton: Where are we here? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3. Chairman Winton: PZ.3. Ms. Slazyk: PZ.3 is an official vacation and closure of a six-foot storm water easement. It's been recommended for approval by the Planning and Zoning Department, and approval by the Zoning Board. This piece of property is a property in which you have approved a major use special permit for the platinum project. This is a -- it's a storm water easement. It's not an alley or a street, and we recommend approval. Chairman Winton: OK. Need a motion. Vice Chairman Teele: So move. Chairman Winton: We got a motion. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Second. This is a public hearing. Anyone from the public like to speak on PZ.3? Vice Chairman Teele: A question of procedure. Chairman Winton: Yes, sir. Ms. Slazyk: There's a gentleman here who lives in the neighborhood who doesn't understand what it is, and wanted to ask some questions. Chairman Winton: Oh, OK. Sure. Carey Ramsey: Yes. My name is Carey Ramsey. I live at 452 Northeast 30th Street, right next to the Platinum development. I just simply wanted to know. I got this thing in the mail, and I just wanted to know what it was. Chairman Winton: You don't understand it. Got it. Mr. Ramsey: OK? Because what I understood, it was like the -- you're not closing Northeast 5th Avenue, are you? Oh, OK. City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Well, somebody explain what's going on. Mr. Ramsey: Can you show me what you're doing? Vicky Garcia -Toledo: This is basically an -- underwater pipes that are currently under our building. Mr. Ramsey: Oh. Ms. Garcia -Toledo: The apartment building. It's for storm water sewers, the sewer system for the City. It's being relocated to the public right-of-way, at the applicant's expense. Mr. Ramsey: Oh, OK I thought you were closing down 5th Avenue and moving this thing closer to me. Chairman Winton: No street closures. Mr. Ramsey: Thank you. Chairman Winton: You bet. OK? Anyone else from the public like to speak on PZ.3? And thanks for coming, guys. Vice Chairman Teele: Question on procedure. Chairman Winton: Yes, sir. Vice Chairman Teele: Is Linda Haskins there, right there? Madam Manager, see, this is the thing that kind of scares me. You heard staff say that the Building Department has approved this . Who did you say, Lourdes, had approved it? Ms. Slazyk: The Zoning Board, Planning and Zoning Department recommended approval, and I believe Plat and Sfreet, right? Yeah, Plat and Street, also. This went to Plat and Street -- Vice Chairman Teele: OK So they -- Ms. Slazyk: -- Zoning Board and here. Vice Chairman Teele: They approved it, right? Ms. Slazyk: Yes, they did. Vice Chairman Teele: But where is Public Works? Ms. Slazyk: That's Plat and Street. They're -- they -- Joel Maxwell (Deputy City Attorney): Main component of the Plat and Sfreet Committee. Vice Chairman Teele: You're saying Plat and Sfreet Committee. Mr. Maxwell: Yes. Ms. Slazyk: Right. The Director of the Public Works Department sits on the Plat and Streets -- Vice Chairman Teele: He chairs it, doesn't it? City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Slazyk: Chairs it. Vice Chairman Teele: Oh, OK. Then -- I thought it was a different committee, the Designation Committee, because what I was concerned about was the Planning Department recommending, but Zoning being -- I mean but Public Works being left out, because the relocation is actually into a right-of-way, right? Ms. Slazyk: Correct, yeah. And that's why the Plat and Street Committee, who has all of the other disciplines represented, the utility companies; Planning also has something there and Zoning. Vice Chairman Teele: False alarm. Chairman Winton: False alarm. OK. I don't know ifI ever closed the public hearing. Vice Chairman Teele: You did. Ms. Garcia -Toledo: But I don't know ifI ever put my name on the record. Vicky Garcia -Toledo, with offices at 2500 Wachovia Center. Chairman Winton: Thank you. We will close the public hearing. Vice Chairman Teele: I moved it. Chairman Winton: We had a motion and second. Any further discussion? If not, all in favor, " aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Ms. Garcia -Toledo: Thank you. Vice Chairman Teele: How long did it take to get approval? Ms. Garcia -Toledo: On this one, about a year. A little over a year. Vice Chairman Teele: Literally? Ms. Garcia -Toledo: Yes. Vice Chairman Teele: You all requested approvals a year or so ago? Chairman Winton: For this street? Ms. Garcia -Toledo: We applied for the closure of this six-foot easement about a year ago, yes. Chairman Winton: Wow. Ms. Garcia -Toledo: It's taken us -- and that's -- yesterday, I mean, on another matter yesterday at the Zoning Board, I was asked why is it that the MUSPS (major use special permits) are being approved and then, you know, the platting process is trailing several months. This MUSP you approved back in July. And two years ago, when I suggested -- because another project took 17 months -- City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: See, part of the reason that I'm raising it is that there's this issue that I think at this point in my mind is a little bit misplaced about the time zone issue -- time line issues that are creating these delays is this board, the Zoning Board or the Planning Board and all of that. But it seems to me that it's the internal procedures that really are killing us in this. I mean, the Plat Committee -- I would like, just as a sidebar at a later date, a later time, if you all would give us a memo on -- Ms. Toledo, if you and the staff would give us a memo that you all jointly agree on, on the time line of when you submitted it, and where it went, and where it went, and where it went, why it took us a year and a half because I'm committed to doing what the Manager wants to do or what -- you know, and that is this Issue Number 31, which is expediting the time line of development. But my sense is the Plat Committee is one of those dead -ends that winds up just sort of meandering around forever. So would you work with us on that? Ms. Garcia -Toledo: Absolutely. Alicia Cuervo-Schreiber (City Manager's Office): Commissioner, we are in the process right now of looking at the whole process as it relates to that, to bring it back before the Commission and modify that, as a matter of fact. Commissioner Gonzalez: But if -- may I -- Chairman Winton: Sure. Commissioner Gonzalez: Issue 31 will not expedite projects, because according to Ms. Slazyk, last night, she made a statement that projects come to Planning, and a week later, they come to Zoning. Ms. Slazyk: Yeah. We had removed -- Commissioner Gonzalez: So there is no delay in that process of those two boards. The -- Ms. Garcia -Toledo: A month later. Commissioner Gonzalez: The delay is somewhere else. Ms. Garcia -Toledo: Commissioner, it's a month later. Chairman Winton: Yeah. Ms. Slazyk: The Planning and Zoning Board occurs within the same month. Commissioner Gonzalez: Oh, within the same month. Ms. Slazyk: When we can accommodate it, we do put them in -- we have a project going to December 1st Zoning Board, the 3rd, PAB (Planning Advisory Board). We accommodate them when possible. Chairman Winton: But anyhow, we don't want to get into a debate on that. Commissioner Gonzalez: No, we don't want to get into that. But, you know. Chairman Winton: But we will. It's a good debate to have. Commissioner Gonzalez: We need to make sure that we don't get confused, that someone don't try to confuse us on, you know, whatever they want to get done. City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: And I think there's room for fixing all of them. Vice Chairman Teele: All of it, exactly. Chairman Winton: All of them. Vice Chairman Teele: I agree. Chairman Winton: The whole shooting match. OK. Ms. Garcia -Toledo: Thank you. Chairman Winton: Yes. PZ.4 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 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. City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 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 Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioners Sanchez and Teele absent, that item PZ.4 be CONTINUED to the Commission Meeting currently scheduled for December 18, 2003. Lucia Dougherty: Mr. Chairman, I'm here on a continuance for Lou Terminello, who was called out on an emergency. He was here on PZ.4. It's his appeal. I have just spoken to some opposition folks who have no -- they're not opposed to this continuance. Chairman Winton: OK. Continued to when? Ms. Dougherty: December 18th. Joel Maxwell (Deputy City Attorney): Which one is that? Which number is that, sir? Chairman Winton: PZ.4. Commissioner Gonzalez: Move to continue PZ.4 for December 18, 2003. Chairman Winton: Got a motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Ms. Dougherty: Thank you very much. PZ.5 03-0191 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED REAR YARD, TO ALLOWA REAR YARD SETBACK OF 5'0" (20'0" REQUIRED) FOR A TWO-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2136 NORTHWEST 18TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE WITH TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 03-0191-Backup1.pdf 03-0191-Backup2.pdf 03-0191-Leg islationA. pdf 03-0191-Exhibit.pdf 03-0191-Leg islation B. pdf 03-0191-Exhibit.pdf 03-0191 - submission.pdf REQUEST: Appeal of a Zoning Board Decision of a Variance to a Rear Yard Setback LOCATION: Approximately 2136 NW 18 Street APPLICANT(S): Ada I. Cardona, Owner APPELLANT(S): Ada I. Cardona, Owner APPELLANT(S) AGENT: Luciano Isla, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the variance and recommends denial of the appeal. ZONING BOARD: Made a motion to approve, which failed, constituting a denial of the variance on September 22, 2003 by a vote of 4-4. PURPOSE: The approval of this appeal will legalize an existing duplex with a lesser rear yard setback than required. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, that item PZ.5 be CONTINUED to the Commission Meeting currently scheduled for December 18, 2003. Chairman Winton: OK, PZ.1. Luciano Isla: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Isla: Mr. Chairman, on PZ.5, we would respectfully -- Luciano Isla, attorney for the appellant/applicant, Ada Cardona -- request a continuance, Your Honor, until December 18th. Give us an opportunity -- we're coming up on a tie vote from the Zoning Appeals Board. Give us an opportunity to continue meeting with the neighbors and have a forum. Chairman Winton: OK. Mr. Isla: Thank you. So -- Commissioner Gonzalez: PZ.5? Mr. Isla: Yes, sir. City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: PZ.5, continuance. Commissioner Gonzalez: Continuance to when? December? Chairman Winton: December 18th. Mr. Isla: December 18th. Commissioner Gonzalez: OK Move to continue PZ.5 to December 18th. Commissioner Regalado: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign -- Mr. Isla: Thank you, Mr. Chairman. Congratulations. Happy Thanksgiving. Chairman Winton: -- whatever. Commissioner Gonzalez: Same to you. Mr. Isla: Thank you. PZ.6 03-0188 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY RIVERHOUSE PIER I LIMITED ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED EAST COAST FISHERIES LOCATED AT 40 SOUTHWEST NORTH RIVER DRIVE AS A HISTORIC SITE. 03-0188 Fact Sheet.pdf 03-0188 Zoning Map.pdf 03-0188 Aerial Map.pdf 03-0188 Appeal Letter.PDF 03-0188 HEPB Reso.PDF 03-0188 Class II Special Permit.PDF 03-0188 Designation Report.pdf 03-0188 Q&A Historic Designation.PDF 03-0188 Legislation a.PDF 03-0188 Exhibit A Fact Sheet.PDF 03-0188 Exhibit B HEPB Reso.PDF 03-0188 Legislation b.PDF 03-0188 Exhibit A Fact Sheet.PDF 03-0188 Exhibit B HEPB Reso.PDF 03-0188 Exhibit C Designation Report.PDF 03-0188 Exhibit C.pdf City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 REQUEST: Appeal of a Historic and Environmental Preservation Board Decision of a Historic Designation LOCATION: Approximately 40 SW North River Drive APPLICANT(S): Planning and Zoning Department APPELLANT(S): RiverHouse Pier I Limited APPELLANT(S) AGENT: Jena E. Rissman, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the decision of the Historic and Environmental Preservation Board. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on September 16, 2003 by a vote of 9-0. PURPOSE: The approval of this appeal will not result in the historic designation of the above property. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Teele, and passed unanimously, with Commissioner Sanchez absent, that item PZ.6 be CONTINUED to the Commission Meeting currently scheduled for January 22, 2004. Chairman Winton: Yes, sir. Bob de la Fuente: Mr. Chair, Bob de la Fuente, with law offices at 201 South Biscayne Boulevard. I'm here on five items, all of which we are seeking to continue; all of which have staff -- Commissioner Gonzalez: Great. Mr. de la Fuente: -- approvals of the continuances. The first one is PZ. 6. I spoke with Ms. Eaton, and she agrees to our request to a continuance. I'm here on behalf ofRiverhouse. Chairman Winton: Continued to when? Mr. de la Fuente: December 18th. Commissioner Regalado: Move it. Commissioner Gonzalez: Mr. City -- Chairman Winton: Wait, before. One moment. Commissioner Gonzalez: Wait, wait, wait. Chairman Winton: Oh, I'm sorry. City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez: Wait, because I hear that we're going to have one meeting in December. Chairman Winton: Yeah. And so -- Commissioner Gonzalez: And we're loading -- We have a regular agenda, we have PZ ( Planning and Zoning) agenda, and we continue to load this agenda for December. Chairman Winton: Right. I agree. Commissioner Gonzalez: We're going to be here -- Commissioner Regalado: But I thought we had two meetings in December. Commissioner Gonzalez: We're going to be here in December 25th. Chairman Winton: It was suggested that we do one in December. Commissioner Gonzalez: No, we're going to have one meeting in December. I'm hearing that. Chairman Winton: There's a suggestion -- Commissioner Regalado: Who said that? Commissioner Gonzalez: So we need -- I heard that we're going to have one meeting in December. Chairman Winton: No. We -- we -- Commissioner Gonzalez: We need to clarify that. Commissioner Regalado: We decide that. Nobody else decides. Chairman Winton: Hold on. We decided. They're suggesting it. I'm in favor of having only one meeting, by the way. I don't want -- Commissioner Gonzalez: Me, too. I'm in favor of having one meeting in December. Chairman Winton: So -- Vice Chairman Teele: Got me. Chairman Winton: -- how about January? Mr. de la Fuente: If that's what the Commission wants to do, that's fine with us. Commissioner Gonzalez: January? Chairman Winton: What's it going to do to us? Lourdes Slazyk (Assistant Director, Planning & Zoning): To January? Chairman Winton: Is that OK? City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Second meeting in January. Chairman Winton: Lourdes? Ms. Slazyk: Yes. January 22nd. Chairman Winton: Does that work for us, as well? Ms. Slazyk: Yes. Mr. de la Fuente: Well, actually, for the rest -- these should be very quick. The next four are companion items, and I believe it's second reading for the -- Chairman Winton: January what? Ms. Slazyk: 22nd. Chairman Winton: OK. So let's -- and the next four are related to each other? Mr. de la Fuente: Yes, the next four are related to each other. Chairman Winton: Well, let's move this one. This is PZ.6, continued to -- no, no -- PZ.5, continued to January 22. Need a motion. Commissioner Gonzalez: So move. Ms. Slazyk: PZ.6, that's what -- Chairman Winton: Oh, PZ.6? Commissioner Gonzalez: PZ.6, continued to January 22, 2004. Chairman Winton: OK. Commissioner Gonzalez: We need a second. Chairman Winton: Need a second. Vice Chairman Teele: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. de la Fuente: Thank you. Vice Chairman Teele: Just -- what was the item that Hs. Jude was here on? Commissioner Regalado: The River property. Lourdes Slazyk (Assistant Director, Planning & Zoning): That was an appeal of an Historic and Environmental Preservation Board item. City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: What item number was that? Chairman Winton: PZ.6. Ms. Slazyk: PZ. 5 -- 6. I'm sorry. Commissioner Regalado: 6. Bob de la Fuente: 6. If it was mine, it was on 6. Vice Chairman Teele: And why did you want to defer that? Mr. de la Fuente: Our architect is still working on their final resolution for what we will be submitting. We've spoken to Ms. Eaton about this. Concurrent with this application, we do have a Certificate ofAppropriateness pending, and depending on how the plans all shake out, this is something we are developing, sort of in conjunction with Ms. Eaton, and we'll see how it all resolves itself depending on how the architect comes out with his plans. Vice Chairman Teele: So we deferred that item to when? Chairman Winton: January 22. Ms. Slazyk: January 22nd. PZ.7 03-0190 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY J&J FLORIDA PROPERTIES, INC. ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE WOLPERT APARTMENTS LOCATED AT 2500-2512 BISCAYNE BOULEVARD AS A HISTORIC SITE. 03-0190 Fact Sheet.PDF 03-0190 Appeal Letter.PDF 03-0190 HEPB Reso.PDF 03-0190 Designation Report.PDF 03-0190 Q&A Historic Designation.PDF 03-0190 Legislation a.PDF 03-0190 Exhibit A Fact Sheet.PDF 03-0190 Exhibit B HEPB Reso.PDF 03-0190 Legislation b.PDF 03-0190 Exhibit A Fact Sheet.PDF 03-0190 Exhibit B HEPB Reso.PDF 03-0190 Exhibit C Designation Report.PDF 03-0190 - submission - photo.pdf REQUEST: Appeal of a Historic and Environmental Preservation Board Decision of a Historic Desgination City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 LOCATION: Approximately 2500-2512 Biscayne Boulevard APPLICANT(S): Planning and Zoning Department APPELLANT(S): David Z. Solkol, President FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the decision of the Historic and Environmental Preservation Board. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on July 15, 2003 by a vote of 9-0. PURPOSE: The approval of this appeal will not result in the historic designation of this property. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioners Teele and Sanchez absent, that item PZ.7 be CONTINUED to the Commission Meeting currently scheduled for January 22, 2004. Chairman Winton: Commissioner Regalado, did you have a question? I'm going to move to the Planning and Zoning -- Vice Chairman Teele: Are you going to swear everybody? Chairman Winton: Yes, I am. Commissioner Regalado: No, I'm -- just a question. We do the March Presidential Primary after the Zoning, the Planning and Zoning. The stadium -- Chairman Winton: Yeah, D.1. We just -- do you all want to do D.1, or do you want to wait until after Planning and Zoning? OK, we're going to do D.1. Commissioner Regalado: What is D.1? Ignacio Ortiz (City Manager's Office): Good afternoon, Commissioners. Chairman Winton: Yes, sir. Mr. Ortiz: I've added the -- oh, Ignacio Ortiz, from the City Manager's Office. Sorry. I followed the language in the general support for Marlins Stadium, and I've also added language regarding charter schools, the conversion of public school feeder systems into charter school feeder systems. It's general support language. Commissioner Regalado: Citywide? Mr. Ortiz: Feeder patterns. Feeders, not citywide. Chairman Winton: It was originally citywide, but it didn't fly, so the last attempt in the legislature last year was to get a high school and all the feeder -- high school in the City of Miami and all the feeder schools that go to that high school as a charter district for the City of Miami. That's what it was last -- that was the Mayor's initiative thatl remember. City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: Did we designate which one? Chairman Winton: I don't think it had been designated. Mr. Ortiz: It's not yet been designated. Chairman Winton: That would be up to -- I'm assuming that's the -- got significant input into when it -- if we're successful at getting that. Vice Chairman Teele: Will we have support from the School Board for that? Mr. Ortiz: It depends what language is put in the bill. Chairman Winton: OK. Anything else on that issue? Do we need to take action on this issue? Mr. Ortiz: Yes. Chairman Winton: Is that information? Mr. Ortiz: Please, just approve it. Chairman Winton: What are we approving? Mr. Ortiz: You're approving what's in front of you, the legislative agenda. Chairman Winton: But there's going to be more stuff added to that. Mr. Ortiz: Absolutely. This is what we have up to this point. Chairman Winton: This is round one of the legislative agenda. Mr. Ortiz: Yes, sir. Commissioner Regalado: So how do we incorporate the priorities? Because the committees start -- well, they started last week. And you need to have all your issues in the committee before the next Commission meeting. Mr. Ortiz: December 3rd. Commissioner Regalado: December 3rd. So before the next Commission meeting. So whatever doesn't get into the committee, it won't get to the full House or the full Senate. Mr. Ortiz: There's ways ofgetting it in. There's ways ofgetting it in. Chairman Winton: But it's better to do it as you're suggesting. Unidentified Speaker: Ways. Mr. Ortiz: It's better to do it -- but there are ways ofgetting it in. And these are -- and again, these are general guiding principles. Chairman Winton: We need a motion. Maybe we can -- I don't think we want to sit here the rest of the day, so we need a motion to accept it or to reject it; not to -- City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez: Move. Vice Chairman Teele: I have moved it -- I'll second the item with the -- Chairman Winton: Got a motion by Commissioner Gonzalez and a second by Commissioner Teele. Do we have further discussion? If not, all in favor, "aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. Ortiz: Thank you, Commissioners. Commissioner Regalado: OK. Now, Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: On the ballot question for the Marlins Stadium or the Miami Stadium, whatever. We need to do this, or at least direct the City Attorney to write something for the December 11 th meeting if we want to make the March 9th Presidential Primary in the City of Miami. So I'll move that we direct the City Attorney to write a ballot question that should the City ofMiami government participate in building a stadium for the Florida Marlins? Vice Chairman Teele: I second the motion for discussion. Chairman Winton: Motion, second. Discussion. Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I think this is a tricky issue. We've got to be careful. Number one, I would think that the Manager has got to engage in a discussion with the owners to make sure that this is something that the owners will see as helpful, number one. Number two, a judgment has to be made in conversations with the legislature as to what the proposal would be. I mean, I just -- I'm very much in favor of being very transparent in indicating our willingness to support the Marlins and to go out and campaign for the Marlins for something. But they've got to want it, number one; and number two, I think it has got to be consistent with the overall plan. I think Commissioner Regalado is right that the time to do this is now, and if you don't do it now, you're going to lose a full year's cycle from now before you can get back to a ballot. I mean, the next ballot is going to be in November that the City has. I guess there's a countywide ballot in September, perhaps. Well, there will be a countywide ballot in September. But I, for one, am very much in favor of getting away from a mayoral election on an issue like this, because it's nothing but a -- I mean, it's nothing but absolute fodder for a political campaign issue. Somebody is just going to grab it, and make it a political issue, and be for it, and then turn around, if they get elected, and be -- you know, be against it. And somebody is going to be against it, and if they get elected, they'll be for it. So, you know, the only thing that happens is that the public winds up getting duped. I think that we've indicated all this support for the Marlins, and I certainly believe that a stadium would be a tremendous benefit to where we're trying to take this City. And I believe that the time to do that on a referendum basis is now. I just would support the motion, providing it is more of instructions to the Manager and the Attorney to come back at the next meeting with an advice or a recommendation for that. And that would be the intent of whatl'm trying to establish. What I'm 100 percent in agreement with is that we get everything stuck on us at the last minute and say, OK, now, you know, we've negotiated this before. And that's just not, you know, the way that process really should work, nor is the idea of relying on the legislature, because if you pass something, you put the pressure on the legislature to act. And it really isn't a question of one has to go with the other. It's a question of who's going to provide the leadership. I'm not frusfrated at all that the City has not been out there with a proposal. I'm not. Recognizing that the County has got the untapped City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 revenue stream by State law, the various revenue streams to build this, and I mean, I'm happy that they're out front on it. I do think that we should have some discussion on the location. And to be very honest with you, Mr. Chairman, I'm a little bit concerned that the discussions seem to be going on in a way that this Commission has not weighed in on a location. And I don't -- I would hate for a location to be given to us and say this is it. I mean -- Chairman Winton: It won't happen. And I don't think there's anybody in our group, including me, that -- I think -- Vice Chairman Teele: So the idea of building it at the -- Chairman Winton: It's as big a challenge as financing. It's as big a challenge as financing. Vice Chairman Teele: And that's why I think building the -- getting the commitment to build the stadium should go ahead of the location, because I think once you -- Chairman Winton: I agree. Vice Chairman Teele: Huh? Chairman Winton: I agree. Vice Chairman Teele: Once you get the location, everybody who's not in favor of that location loses interest. Chairman Winton: Yep. Vice Chairman Teele: And that's why, again, to move forward, I just think that, candidly, that we ought to look at every effort to have this thing in the downtown area, particularly in light of how our tax base is structured right now. And if it's not doable there, then we ought to put it somewhere else. Joe Arriola (City Manager): Commissioner, and again, you must understand, the County has not -- we have not found a single revenue stream that we could dedicate to the stadium, not one. The County has said that they are going to do -- use some (UNINTELLIGIBLE) money that they have promised to several other municipalities to do this, including in some of the promise the County has made, some of our own money that we've been using for some other facilities. On top of that, the hundred and thirty-seven million dollars ($137, 000, 000) that the Marlins have offered is based on 40 years, which we cannot bond it. So, you know, everybody is very hot on this discussion, and everybody is going on and on. To this day, so you have an understanding, all that is on the table of real money is ten million dollars ($10, 000, 000). So we are about four hundred and forty million dollars ($440, 000, 000) short of the monies we need for the stadium. So I don't mind the County going out and mail -- the County going out and making all kinds of promises that are not going to be kept. I think the City should stand back and watch them do what they need to do, and as long as -- the moment we find a revenue source that we could dedicate to this thing, I'll be the first one to come to the Commission and talk to you. But I have not been able to find one. Chairman Winton: I would also recommend, Mr. Manager, that you and the Mayor get around and visit each of the Commissioners, and bring them up to speed in total, just in terms of what the -- two parts -- what the discussions have been and where your thoughts are, so that they're completely up to speed in terms of those two things, and I think that'll help with the process immensely. Mr. Arriola: Yes, sir. City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: Here's the thing, Mr. Chairman and colleagues. The Manager has painted a picture that is -- I believe it's real. But what is out there, what is in the public domain, what I heard you said on the radio, is that the City ofMiami is really involved in trying to build a stadium. Now, it's very simple. We can say publicly, look, there's no way to do it, the City cannot participate and the City will not use -- because that's a promise made by the Mayor when he was a candidate, when he became Mayor -- we will not use tax dollars, revenue, our general revenue funds to build a stadium. We can just kill it, say it publicly, and, you know, let the Marlins and the people -- but the perception is that the City ofMiami has a secret plan, as I heard you say on the radio -- Mr. Arriola: I have not talked about a secret plan, sir, to anybody. Commissioner Regalado: In the Poderosa, in the morning, you said that you and the Mayor had a secret plan to build -- Mr. Arriola: I know how you heard that. Commissioner Regalado: I'm not going to get in an argument, Joe. That's not the point. The point is that we need to have the input of the people. Does the people ofMiami want the City to participate? We don't know how, butt guess with the land. It's the most logical thing, the thing that won't cost hundreds of millions of dollars, which we don't have. So we need to know. We need to come to the people and ask them, so the people will speak. And the only way to take this away from local politics is to do it in March. If we do it in September, in the primary of the County, with the State representatives and all that, or in November, in the Presidential election, it would get complicated, convoluted with politics. That's my thinking. Chairman Winton: Yes. Commissioner Gonzalez. Commissioner Gonzalez: Yes. I agree with my colleague, Regalado. The people out there, when you hear the radio, everybody wants a stadium. Now, the question is, where is the money to build the stadium? You know. And talking to -- about a month ago, talking to a group of people, I told them, you know, we are all in favor of a stadium. I think it's great. It's going to be great for the City ofMiami to have the Marlins and to have a stadium. But how are we going to build it? Chairman Winton: And who's paying for it? Commissioner Gonzalez: Are we -- are the citizens of the City ofMiami willing to take money from sidewalks, from streets, from parks, from sewers to put into building a stadium? I don't think so. OK? I don't think so. Now, the question is -- yeah, we should -- I believe that we need to put out a question: Do you want the City ofMiami to build a stadium? They probably will say, yes. Are you willing to pay `X" percentage of a fee or whatever for two years, or for a year, or for whatever it's going to take to pay for the stadium. That would be the second question. If people want a stadium and they're willing to pay for it, then, you know, that's the people's will, and we should abide by the people's will. But, you know, talking about building a stadium without money is like dreaming, you know. And we can all dream all we want that -- that will be fantastic. But it's not reality. So I agree with Commissioner Regalado that, yeah, people out there want a stadium. But first of all, we have to identify where the money is going to come from in order to build the stadium. Thank you. Chairman Winton: Commissioner Regalado, you had -- Commissioner Regalado: No, I didn't say -- I didn't say that the people want the stadium. I said that the people think that the City ofMiami should be the point City or the point agency. What I City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 -- and I mean, there is no doubt on my mind that the public perception is that the City ofMiami is now in turn. Whatever Penelas said, and whatever the Marlins said, you know, that's part of the thing. But now, it's the City's turn. That's whatl think. Chairman Winton: Do you have a motion on the table? Commissioner Regalado: The motion is to have the City Attorney come back with some language in the next Commission meeting, and Commissioner Teele, I think had some kind of suggestion that would accept as an amendment that the Manager will bring us some ideas as to how to present that to the public. Chairman Winton: Including the fact that the Mayor and the Manager will come around and meet with each of you and share all of the information that they have to date, which will also help, just in terms of thought process, when it comes back to a Commission meeting. Commissioner Regalado: Fine. Chairman Winton: OK. So we have a motion, a second. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. SECOND READING ORDINANCES PZ.8 03-0062 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 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 City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 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. CONTINUED A motion was made at the beginning of the meeting by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, that item PZ.8 be CONTINUED to the Commission Meeting currently scheduled for December 11, 2003. Note for the Record: The December 11, 2003 Commission Meeting was later rescheduled to December 18, 2003 per Resolution 03-1182. PZ.9 03-0062a ORDINANCE Second 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 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 1730-42 SW 7 Street and 1731-35-37 SW 8 Street APPLICANT(S): Vilac, Inc. APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0062. ZONING BOARD: Recommended approval to City Commission on September 22, 2003 by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0063 was changed to File ID 03-0062a for Second Reading. CONTINUED A motion was made at the beginning of the meeting by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, that item PZ.9 be CONTINUED to the Commission Meeting currently scheduled for December 11, 2003. Note for the Record: The December 11, 2003 Commission Meeting was later rescheduled to December 18, 2003 per Resolution 03-1182. PZ.10 03-0064 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 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 37 Avenue a.k.a. 3681 NW 2 Street 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: Recommended approval to City City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commission on July 16, 2003 by a vote of 6-0. ZONING BOARD: See companion File ID 03-0064a. PURPOSE: This will allow a unified commercial development site. CONTINUED CONTINUED to December 18, 2003 Chairman Winton: OK, the next four. Bob de la Fuente: PZ.10 and PZ.11 are companion items. I'm here on behalf of La Ciencia. This is an item where we are working on a covenant that we discussed with Ms. Slazyk, and we're just in the process of finalizing the covenant. We should be ready with the covenant on December 18th. This should be a very quick item. It'll be back on second reading for both of them. Chairman Winton: It's going to be quick? Mr. de la Fuente: It should be quick. Chairman Winton: OK. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: It would be good if we could inquire if there's anybody here in opposition to the deferral or in opposition to the item, because -- Chairman Winton: Well, I saw someone raise their hand. Commissioner Regalado: So you want to -- Chairman Winton: You need to come up. I can't -- I can't -- Commissioner Regalado: But are we talking about the River property or La Ciencia now? Chairman Winton: We're talking about PZ. 10 and 11, which is Northwest 37th Avenue. Commissioner Regalado: Yeah, that's District 4. Unidentified Speaker: What did you do on the River property? Commissioner Regalado: That's very far from you. Unidentified Speaker: You continued it to January; is that what you did? Commissioner Gonzalez: Yes, ma'am. Chairman Winton: The River property -- is that 40 Southwest North River Drive? This one? Commissioner Regalado: Yes. Chairman Winton: That one was continued to January 22. OK? Yes? OK. So that's January 22. PZ.10 and 11, we need a motion to continue to December 18. City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Joel Maxwell (Deputy City Attorney): Well, I think he has moved it. It's 10, and 11 and 12 and 13? Chairman Winton: Are they the same? Ms. Slazyk: Yes. 10, 11, 12 and 13 -- Mr. Maxwell: For tonight. Commissioner Regalado: 10, 11, 12 and 13. Ms. Slazyk: They're all second reading. We've been meeting on the covenant. We are satisfied with how it's working out. They just needed to finalize it. So they should be quick. They should be quick. Commissioner Gonzalez: OK Move to continue PZ.10, PZ.11, and PZ.12 and PZ.13 to December 18, 2003. Commissioner Regalado: I'll second. Chairman Winton: You second. Motion, second. Discussion. Mr. Maxwell: 22nd. Ms. Slazyk: December. Chairman Winton: December 18th. Commissioner Gonzalez: December. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Mr. de la Fuente: Thank you. Chairman Winton: Thank you. PZ.11 03-0064a ORDINANCE Second 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. City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 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 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. CONTINUED CONTINUED to December 18, 2003 PZ.12 03-0066 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 3680 NORTHWEST 2ND 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. 03-0066-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 City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 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. CONTINUED CONTINUED to December 18, 2003 PZ.13 03-0066a ORDINANCE Second 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. City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0067 was changed to File ID 03-0066a for Second Reading. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously with Commissioner Sanchez absent, that items PZ.10, PZ.11, PZ.12, and PZ .13 be CONTINUED to the Commission meeting currently scheduled for December 18, 2003. PZ.14 03-0068 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 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 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 Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12440 Chairman Winton: PZ.14, is that where we are? Lourdes Slazyk (Assistant Director, Planning & Zoning): I think we're at 8, 8 and 9. Chairman Winton: 8 and 9 were deferred. That's what I have. Commissioner Gonzalez: 8 and 9. No, you need to do 10, right? Sylvia Scheider (Assistant City Clerk): They were continued. Lourdes Slazyk (Assistant Director, Planning & Zoning): No. 6 and 7 were, so we're up to 8. Vice Chairman Teele: Madam Clerk, do you have 8 and 9 deferred? Ms. Scheider: Yes, 8 and 9 were continued -- Ms. Slazyk: OK. I didn't hear. Ms. Scheider: -- earlier this morning. Chairman Winton: Oh, that's right, because Commissioner Sanchez asked for that this morning. Ms. Slazyk: OK. Chairman Winton: Crap. See, I knew that. For once I had it right. Commissioner Gonzalez: So we're on --10, 11, 12 and 13 was continued. Chairman Winton: Yeah. So -- Commissioner Gonzalez: We go to 14, right? Ms. Slazyk: 14. Chairman Winton: PZ.14. Commissioner Gonzalez: You're right. Ms. Slazyk: PZ.14 and 15 are companion items, second reading. It was approved by the City Commission first reading October 3, 2003. The land use change is for approximately 126 and 134 Southwest 8th Avenue. Land use from multi -- medium density multi family residential to restricted commercial, and the zoning change is from R3 to C1. Commissioner Gonzalez: What was the address again, Lourdes? Chairman Winton: 126 and 134 Southwest 8th Avenue. Commissioner Gonzalez: OK I have that. All right. Chairman Winton: Is there anyone from the public -- City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez: Move PZ.14. Chairman Winton: Yeah. Commissioner Regalado: Second. That's the second reading, right. Chairman Winton: It's the second reading on PZ.14. Commissioner Regalado: It was moved by Commissioner Sanchez, the area Commissioner, so I second it. Chairman Winton: No. It was moved by Commissioner Gonzalez. Commissioner Regalado: No, I know, but in the first reading -- Chairman Winton: Yes, yes, correct. Commissioner Regalado: -- was the area Commissioner that moved it. So -- Chairman Winton: PZ.14. Commissioner Regalado: -- he's not here, so we -- Chairman Winton: I think I'll open the public hearing. Anyone from the public opposed to PZ. 14? Anyone from the public opposed to PZ.14? If not, we'll close the public hearing. We have a motion and a second on approval of PZ.14. Any further discussion? Commissioner Gonzalez: Move 14. Chairman Winton: If not, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Ms. Slazyk: It's an ordinance. Ms. Scheider: It's an ordinance. Chairman Winton: Oh, sorry. Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. PZ.15 03-0068a ORDINANCE Second 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 City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 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. 03-0068a-Backupl .pdf 03-0068a-Backup2.pdf 03-0068a-Legislation.pdf 03-0068a-Exhibit.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium - Density REsidnetial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 126 and 134 SW 8th Avenue APPLICANT(S): Inmobiliaria, LLC APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: See companion File ID 03-0068. ZONING BOARD: Recommended approval on September 22,2 003 to City Commission by a vote of 7-2. PURPOSE: This will allow a unified commercial development site. NOTE: File I.D. 03-0069 was changed to File I.D. 03-0068a for Second Reading. Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Sanchez and Winton 12441 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.15 is the companion. Chairman Winton: Anyone from the public -- I'll open the public hearing. Anyone from the public would like to speak on PZ.15? Anyone from the public on PZ.15? If not, we'll close the public hearing. Commissioner Gonzalez: Move PZ.15. Chairman Winton: Got a motion. City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Second. Chairman Winton: Second on PZ.15. Is there an ordinance? Yes. The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Simon Ferro: Thank you all. Vice Chairman Teele: Put your name on the record. Mr. Ferro: My name is Simon Ferro, 1221 Brickell; Greenberg, Traurig. I represent the applicant. I want to thank you all very much and wish you a very happy Thanksgiving. PZ.16 03-0048 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 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. City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PURPOSE: This will rescind and re-enact certain amendments to the Comprehensive Plan. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12442 Commissioner Gonzalez: PZ.16. Vice Chairman Teele: PZ.16. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.16 is a second reading ordinance. This is the one that is rescinding and re -adopting several amendments to the comprehensive plan . And if you recall, at first reading, the -- we had introduced into the record the additional data and analysis that had been prepared for DCA (Department of Community Affairs) regarding the transportation component of this element. Since that time, we have been discussing with DCA and negotiating the amendments that they wanted as part of the process for this amendment in order to incorporate the additional transportation language that they had requested. This has resulted in some changes now in second reading, which has been delivered to each of the Commissioners, and the City Clerk has it for the record, and I'd like to incorporate them into the record now by reference, since they were handed to the City Clerk. The changes primarily had to do with intergovernmental coordination, additional coordination with FDOT (Florida Department of Transportation), with the MPO (Metropolitan Planning Organization) and with Dade County on transit issues and transportation issues. Being that this is a second reading and adoption of the comprehensive plan amendment, we have handed the City Clerk a sign -in sheet. The Florida Statutes require that after adoption of these comprehensive plan amendments, the amendments will be transmitted to the Florida Department of Community Affairs for a final compliance review. Upon completion of this review, DCA will publish a notice of intent, indicating whether or not it intends to find the plan amendments in compliance. If anyone would like to receive from the Department of Community Affairs a courtesy notification statement concerning publication of DCA's notice of intent, they are invited to add their names and mailing addresses to the sign -in form being maintained by the City Clerk. So if anybody would like to sign up for that, the Clerk has that notice. Also, just for the record, Attachment 'A" was also given to the Commissioners. This has everything in gray, and this is what was changed between first and second reading. The other colors on this form are the other amendments that have been made throughout the work process and were already part of your package in first reading. Attachment "B," which is the parks, recreation and open space that had to do with the Little Haiti Park remains the same. There's no change in that from first reading to now. So Attachment "B" is the same. Attachment "A," the amendments are filed with the Clerk, with the Commissioners and with the Law Department. That being said, we would recommend approval as amended here on the record. Commissioner Gonzalez: Move PZ.16 as amended. Vice Chairman Teele: Is there a second? Commissioner Regalado: Second. Vice Chairman Teele: Is there anyone from the public who would like to be heard on this item? If so, please come forward. City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Peter Ehrlich: Good afternoon, Mr. Vice Chairman, Commissioner's, Madam Chief Administrator. Peter Ehrlich with offices at 395-A Northeast 59th Street. Along with other members of the Lemon City Taxpayers Association, I wish to thank the Commissioners for facilitating a meeting with DPZ, your consultants, and with your planning staff along with business and property owners from Little Haiti. This meeting occurred on November 18th. We wish to thank Commissioner Teele and Commissioner Regalado for making the motion to allow this meeting to take place. The meeting permitted DPZ and staff to hear from Little Haiti business and property owners who look forward to their recommendation for creating a mixed use residential district that is appropriate to the newly created park which we believe is necessary to bring energy and confidence to Little Haiti, so business owners will create jobs and residents will become home owners. Thank you for your time. Chairman Winton: Where are we? Commissioner Gonzalez: PZ. 16. I moved it and it was seconded. Vice Chairman Teele: Are there any other public -- are there any other fine public comments? All right. Thank you very much for your comments, sir. The public hearing is closed. Mr. Attorney, would you read the item into the record. The ordinance was read by title into the public record by the Deputy City Attorney. Joel Maxwell (Deputy City Attorney): And this is as amended. Commissioner Gonzalez: Roll call. A roll call was taken, the result of which is stated above. Vice Chairman Teele: The item is adopted, 4 to 0. Chairman Winton: Was that 16? Vice Chairman Teele: That's 16. Is there a companion? Ms. Slazyk: No, not to that one. When we get to the Buena Vista, I'll explain. PZ.17 03-0072 ORDINANCE Second 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 Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12443 A motion was made by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously with Commissioner Sanchez absent, to instruct staff to seek an interim solution to unintended consequences in connection with the prohibition of the division of contiguous nonconforming lots under the same ownership in the West Coconut Grove area. Chairman Winton: PZ-17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-17 is a Second Reading Ordinance, recommended for approval by the Planning and Zoning Department, and passed by the Commission first reading, October 23rd. This amends Article 11, regarding the nonconforming lots in order to clarify language pertaining to the prohibition of division of contiguous nonconforming lots and allowing for a 90 percent rule for lot compliance. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on PZ- 17? Yes, sir. Andy Parrish: Good evening, Commissioners. My name is Andy Parrish. I live at -- in the north Grove at 1617 Tiger Tail. I have offices at 145 Grand Avenue, where Wind and Rain Home Builders is. And the reason I'm here before you today is, I think this ordinance, which I'm basically in support of because it -- we've had such a problem with lot splitting in the north Grove, one size definitely doesn't fit all, because in the West Grove, where there are a lot of these nonconforming lots, one of the unintended consequences is, as a home builder of single-family homes, I have two contiguous 30-foot wide duplex lots, side by side, in the West Grove, which we would like to build single-family detached homes on. And the unintended consequence of this ordinance is that the -- we would have to do a condominium. In other words, we would have to put the lots together with a Unity of Title, and then build the single-family detached homes on them, render a -- make a condominium out of them and sell them as a condominium, instead of single-family detached homes. It's just not what should happen. I think what may be the solution is -- I know the staff is working on neighborhood conservation districts, and maybe this is an item that can be addressed there. I think it's a problem that's also in other districts of Commissioner Regalado and Commissioner Teele, as well, where we have these antiquated subdivisions in nonconforming lots. Chairman Winton: Lourdes, would you like to speak to that issue? Because you were in my office talking about that today. Mr. Parish: And just one other comment before I relinquish to Lourdes. If this looks like something that the Commissioner and the staff -- Commissioners are looking like they would like to do, that maybe the zoning -- permitting department -- Building and Zoning, Hector Lima's Department could say that they could entertain building permits while the changes are being made, at the developer's risk. I mean, if it doesn't get passed, then we'll have to do the condominium. But maybe we could -- instead of losing six to nine months while this gets changed, we could go ahead with the permitting anyway for single-family homes. Joel Maxwell (Deputy City Attorney): The City wouldn't participate in any -- if you wanted -- anything you want to do independently of that, you certainly have a right to do it, but the City couldn't condone any activity that's not in compliance with regulations as it now exists. Mr. Parish: All right. Chairman Winton: Thanks, Andy. City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Slazyk: Yeah, we were talking about this earlier. Andy mentioned to me that concern about West Grove, and I definitely agree, it is not a one -size -fits -all, the character of certain neighborhoods within the City and not just West Grove, it's throughout the City, is smaller lots with the shotgun homes or -- you know, it's different characters. This ordinance, while hearing a problem in one respect, could create problems for other neighborhoods in retaining their character, and in Coconut Grove, there's a couple ways to do it. As with anything else, you could either -- we're working on the neighborhood conservation district for the entire Grove, which could be addressed in there, but I'm afraid that one would be a six to nine month solution. Yeah. The other one would be through the Commission's direction. We could take a look at a solution just for West Grove until the NCD-3 is ready to go. Chairman Winton: That will be great. I'd love to be able to do that. Ms. Slazyk: I think that's something that would -- probably could be done fairly quickly -- Chairman Winton: Because we've got real momentum in the West Grove now, and I'd hate to lose it. Ms. Slazyk: Yes. We'd be glad to look at that. Chairman Winton: OK Thank you. Anyone else from the public would like to speak on PZ-17? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would like to ask a question. Chairman Winton: Sure. You bet. Vice Chairman Teele: After the public hearing is closed. Chairman Winton: Anyone else from the public on PZ-17? If not, we'll close the public hearing . Commissioner Teele. Vice Chairman Teele: Lourdes, explain to me what this ordinance actually does. Ms. Slazyk: OK. We passed -- we brought before you an ordinance a while back, based on a concern in Coconut Grove, that people who had one house built on two -- Vice Chairman Teele: No, no, no. Ms. Slazyk: OK. Vice Chairman Teele: I'm not talking about -- Ms. Slazyk: This ordinance closes a loophole that was involved in that ordinance. What people were doing was still splitting the lots and creating two homes on what was once one, and going through a condominium process to get around the Unity of Title requirement. This closes that loophole, but unfortunately, it creates a problem in the West Grove where the smaller lots exist. We did put in a 90 percent rule here, which helps those lots that are between 45 and 49 feet from getting caught in the ordinance, but it doesn't help what Andy was describing in West Grove, where it really is a character issue for the neighborhood. So, that's basically what this ordinance does. It closes a loophole that was -- that didn't cure the original problem in north City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Grove. Vice Chairman Teele: Thank you. Chairman Winton: OK Did we have a motion? Did anybody move this? Vice Chairman Teele: I would move it. Chairman Winton: Got a motion. Need a second. Commissioner Regalado: Second. Chairman Winton: Motion, second. Any further discussion? This is an ordnance -- 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. A roll call was taken, the result of which is stated above. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would move that the staff be directed to -- Chairman Winton: Thank you. Vice Chairman Teele: -- with reference to the West Grove, seek an interim solution for the unintended consequences of this ordinance. I would so move. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, "aye The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. How quickly could you bring that forward? Ms. Slazyk: I would need to sit with Andy and delineate the area he's talking about, and then I would say probably a little less than three months. Chairman Winton: OK Great. Thanks, Andy. OK. PZ.18 03-0074 ORDINANCE Second 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 City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 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. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously with Commissioner Sanchez absent, to CONTINUE Item PZ.18 to the Commission meeting currently scheduled for January 22, 2004. Chairman Winton: OK PZ-18. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-18 is a Second Reading Ordinance, amending Chapter 4 of the City Code regarding the notice for the clubs in the Entertainment District. It's been recommended for approval by Planning, and passed by the Commission first reading, October 23rd. Commissioner Gonzalez: Move PZ-18. Chairman Winton: Got a motion. Second? Vice Chairman Teele: Second. Chairman Winton: Public hearing -- Vice Chairman Teele: What does this do? Ms. Slazyk: This -- when we adopted the clubs -- the Entertainment Districts for the clubs, we had put notice in there as for special exception, even though it was only a Class II. The intention of that was that notice for mail be as for special exception, but because we said just "as for special exception, " when someone comes in for a Class II, they have to do posting and newspaper ad. This gets rid of the posting and newspaper ad, because that was really never intended. It's become a hardship for the clubs. Vice Chairman Teele: Why? Ms. Slazyk: Because to do the posting and the newspaper ad delays the ability to get the Class II Special Permit. The whole idea of doing a Class II was to expedite for the clubs, if they met all of the conditions. Vice Chairman Teele: This is in one area, right? City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Slazyk: This is for all of the clubs, for all of the entertainment districts, which is not only Park West, but up in the Fire Station, Motion Picture District, the Overtown, the River. There are two districts down in the River. Same notice. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I think we should be very careful in pulling back on notice requirements when you're dealing with the sale of alcohol. I mean, just as a rule. And I know all of the lawyers have told me it's a hardship, it's a burden, but I've got to tell you, I'm not certain that there is a compelling reason, other than the fact that it doesn't get it out in the newspapers. And I one hundred percent support clubs. Don't misunderstand me. One hundred percent. I think clubs are a part of what makes a great city. But I think it ought to be very transparent and ought to be out in the open. I just don't know why putting a newspaper notice, you know, is such a hardship. I really don't. Chairman Winton: You could talk me out of it my first vote. Vice Chairman Teele: I mean -- and I've said this. So, I'd like to just hear from the staff what is this hardship on people who can afford to open a club? Ms. Slazyk: Right. The intention of the notice was to do the mail notice for a broader radius. Typically, Class II Special Permit, you only have to notify your adjacent property owners. By doing a 500-foot notice, anybody who is directly affected is already getting individual mail notice. To do the newspaper ad, a Class II Special Permit is only 400 -- you know, 150 to four hundred and fifty dollars ($450). The newspaper ad alone is double that. So, it increases not only the time, but becomes something that, you know, is -- Vice Chairman Teele: But, Lourdes, you know what? Ms. Slazyk: Yeah. It was not intended, I think. Vice Chairman Teele: I don't want to debate you, but let me tell you something. We turn around here every day and we say, OK, we've got to get this done by noon today so it can be in the Sunday Herald. I mean, you know, that's a false -- that is a false time constraint. Because within -- how many days, Madam Clerk, can you get an ad in the paper? Sylvia Scheider (Assistant City Clerk): It depends on the paper, but -- Vice Chairman Teele: With The Miami Herald. Ms. Scheider: Two days for The Herald. Vice Chairman Teele: Where's -- Ms. Slazyk: Oh, it can be done, but if somebody's already getting mail notices, is there really a need for the newspaper? Vice Chairman Teele: Then, to the maker of the motion, would you accept an amendment that would allow for newspaper notice only? Commissioner Gonzalez: Accept it. Joel Maxwell (Deputy City Attorney): That's a major change than what's before you right now. City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Well, right now -- Mr. Maxwell: Right now the requirements are for special exception would be the same as for a special exception, and that's newspaper posting and mail notices. Vice Chairman Teele: But we're -- Mr. Maxwell: And you're reducing it now -- if you were to vote on the one in front of you now, you would cut out the newspaper and everything and say mail notice. Vice Chairman Teele: No, no, no. The reverse. Ms. Slazyk: He wants to put back the newspaper. Mr. Maxwell: OK. Vice Chairman Teele: We're not reducing -- we're not expanding the scope -- Ms. Slazyk: Yeah. Vice Chairman Teele: -- at all. Mr. Maxwell: OK. Ms. Slazyk: They're going back to -- going back to what it was. Mr. Maxwell: OK. You're saying you want them to do the newspaper in addition to this? Chairman Winton: Yes. Ms. Slazyk: All you're really pulling out then is the posting. Vice Chairman Teele: All we're pulling out is the posting. Ms. Slazyk: OK. Vice Chairman Teele: What they don't want is the newspaper notice. Ms. Slazyk: I think so. Vice Chairman Teele: That's what the lobbyists don't want. And what I'm saying is, I think, you know, we have an obligation to let people know. I mean, we're not -- there's nothing sinister about serving alcohol in a club district. Ms. Slazyk: Would you like to continue this and let us revise that language? Vice Chairman Teele: If the maker of the motion wouldn't object. Commissioner Gonzalez: I will reconsider my motion and I move to continue. Ms. Slazyk: To January 22nd? Commissioner Gonzalez: To January 22nd. City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: January 22nd, right. Vice Chairman Teele: All in -- Chairman Winton: We have a motion, second. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Also, half of all the lobbyists are going to come down here on the 22nd and sit on -- Chairman Winton: Oh, well. PZ.19 03-0248 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 PROPERTIES KNOWN AS THE FEC BUENA VISTA YARD, BOUNDED APPROXIMATELY BY NORTHEAST 36TH STREET ON THE NORTH, THE FEC RIGHT-OF-WAY ON THE EAST, NORTH MIAMI AVENUE ON THE WEST AND NORTHEAST 29TH STREET ON THE SOUTH, EXCLUDING THOSE PROPERTIES DESCRIBED ALONG NORTHEAST 29TH STREET, CONSISTING OF APPROXIMATELY 56.10 ACRES IN AREA, MIAMI, FROM "INDUSTRIAL" AND "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL," MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0248-Backup1.pdf 03-0248-Backup2.pdf 03-0248-Legislation.pdf 03-0248-Exh i bitA. pdf 03-0248-signature-5.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" and "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately Bounded by NE 36th Street on the North, the FEC Right -of -Way on the East, North Miami Avenue on the West and NE 29 th Street on the South, Excluding Certain Properties Located Along NE 29th Street, Consisting of Approximately 56.10 Acres in Area APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on May 14, 2003 City ofMiami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 to City Commission by a vote of 8-0. This is a companion to File IDs 03- 0248a, 03-0248b, 03-0248c, 03-0248d, 03-0248e. PURPOSE: This will allow for a change of land use from Industrial and General Commercial to Restricted Commercial for the Buena Vista Yard site Record for File No. 03-0248 (PZ. 19) is consolidated with File Nos. 03-0248a (PZ.20) and 03- 0248b (PZ. 21). Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez 12444 Chairman Winton: PZ 19 Lourdes Slazyk (Assistant Director, Planning & Zoning): All right. PZs-19 through 25 are related to the Buena Vista applications. PZ-19, 20, and 21 are actually amendments to the Comprehensive Plan, second reading amendments. This one, like PZ-16, I've handed to each of the Commissioners, and to the Clerk, and to the Law Department of amendments that were made between first reading and second reading in response to the (UNINTELLIGIBLE) report by the Department of Community Affairs. The -- I'm -- so I'm incorporating those amendments into the record by reference. And as in PZ-16, because 19, 20 and 21 are Comprehensive Plan amendments and this is adoption, I just need to remind people that they can sign up for the courtesy information statement concerning the Notice oflntent. The -- if anyone would like to receive from the Department of Community Affairs a courtesy notification statement concerning publication ofDCA's (Department of Community Affairs) Notice oflntent, they're invited to add their names and mailing addresses to the sign -in form being maintained by the City Clerk. These three are traveling under a single application, so one sign -in sheet would cover all three. On PZ -19, this is the actual land use map amendment, changing the designation from industrial and general commercial to restricted commercial for the Buena Vista yard property. PZ-20 is an amendment to the goals objectives and policies of the Comprehensive Plan to add regional activity centers as something the City desires within the City ofMiami. PZ-21 is the actual designation of the Buena Vista yard as a regional activity center. These were recommended for approval by the Planning Advisory Board and passed by the Commission, first reading, July 17, 2003. We recommend approval of these with the amendments that you have, and that the City Clerk has. So, as amended in response to DCA. And then I'll get to -- when these are passed, then I'll get to the zoning amendments, and I believe we have a presentation on the special zoning district. Chairman Winton: Which is -- this special presentation is tied to which PZ item? Vice Chairman Teele: The zoning, isn't it? Ms. Slazyk: They are with PZ-22 -- Chairman Winton: OK Ms. Slazyk: -- 23 and 24. Chairman Winton: You want to hear the public hearing first? PZ-19's a public hearing. Anyone from the public would like to speak on PZ-19? Anyone from the public on PZ-19? If not, we'll close the public hearing. Need a motion. City ofMiami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: Got a 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, please. A roll call was taken, the result of which is stated above. PZ.20 03-0248a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT TO INCORPORATE LANGUAGE REGARDING THE DESIGNATION OF REGIONAL ACTIVITY CENTERS WITHIN THE CITY OF MIAMI AND ESTABLISHING CRITERIA, GOALS, OBJECTIVES AND POLICIES FOR SUCH DESIGNATIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLASUE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0248a-backup.pdf 03-0248a-legislation.pdf 03-0248a-final ordinance-3.doc REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on May 14, 2003 to City Commission by a vote of 8-0. This is a companion to File IDs 03- 0248, 03-0248b, 03-0248c, 03-0248d, 03-0248e. PURPOSE: This will allow for a text amendment to the Comprehensive Plan in order to reference Regional Activity Centers and allow them within the City of Miami. Record for File No. 03-0248a (PZ.20) is consolidated with File Nos. 03-0248 (PZ.19) and 03- 0248b (PZ.21). Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez 12445 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-20 is the amendment regarding City ofMiami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 regional activity centers within the City ofMiami. Chairman Winton: PZ-20 is also a public hearing. Anyone from the public would like to speak on PZ 20? Anyone from the public like to speak on PZ-20? If not, we will close the public hearing. Need a motion. Vice Chairman Teele: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City attorney. Chairman Winton: Roll call, please. A roll call was taken, the result of which is stated above. PZ.21 03-0248b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT TO DESIGNATE THE BUENA VISTA REGIONAL ACTIVITY CENTER; FURTHER AMENDING THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY DESIGNATING THE FEC BUENA VISTA YARD AS A "REGIONAL ACTIVITY CENTER;" SAID PROPERTY MORE PARTICULARLY KNOWN AS A PORTION OF LAND CONSISTING OF APPROXIMATELY 56.10 ACRES IN AREA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS OF CONSISTENCY WITH ESTABLISHED CRITERIA, GOALS, OBJECTIVES AND POLICIES FOR REGIONAL ACTIVITY CENTERS WITHIN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0248b-Backupl .pdf 03-0248b-Backup2.pdf 03-0248b-Legislation.pdf 03-0248b-Exh i bitA. pdf REQUEST: To Amend Ordinance No. 10544 Text LOCATION: Approximately Bounded by NE 36th Street on the North, the FEC Right -of -Way on the East, North Miami Avenue on the West and NE 29 th Street on the South, Excluding Certain Properties Located Along NE 29th Street, Consisting of Approximately 56.10 Acres in Area APPLICANT(S): Planning and Zoning Department FINDINGS: City ofMiami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on May 14, 2003 to the City Commission by a vote of 8-0. This is a companion to File IDs 03- 0248, 03-0248a, 03-0248c, 03-0248d, 03-0248e. PURPOSE: This will designate the FEC Buena Vista Yard as a Regional Activity Center. Record for File No. 03-0248b (PZ.21) is consolidated with File Nos. 03-0248 (PZ. 19) and 03- 0248a (PZ.20). Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Teele and Winton Absent: 2 - Commissioner Gonzalez and Sanchez 12446 Direction to the City Clerk: by the City Attorney to keep the record consolidated for Items PZ.19, PZ.20, AND PZ.21. [Note: Clerk noted consolidation as part of minutes, legistar notes, and history lines.] Chairman Winton: PZ-21. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-21 is the designation of the FEC ( Florida East Coast) Buena Vista Yard as a Regional Activity Center. Chairman Winton: PZ-21 is also a public hearing. Anyone from the public would like to speak on PZ-21? Anyone from the public on PZ-21? If not, we will close the public hearing. Need a motion. Vice Chairman Teele: So moved. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. Mr. Maxwell: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: I would also ask that the Clerk consolidate the record for 19, 20, and 21 for purposes of any possible appeals. Vice Chairman Teele: Without objection. Chairman Winton: Without objection, is that what you wanted me to say? Vice Chairman Teele: Yes, sir. Chairman Winton: Thank you, sir. Roll call, please. A roll call was taken, the result of which is stated above. City ofMiami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PZ.22 03-0248c ORDINANCE Second 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 6 TO CREATE SECTION 627, FEC CORRIDOR DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATION ON USES, ADD DESIGN GUIDELINES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0248c-Backup.pdf 03-0248c-Legislation.pdf 03-0248c-Memo-Corrected Scriveners Error.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 23, 2003 to the City Commission by a vote of 7-0. This is a companion to File IDs 03- 0248, 03-0248a, 03-0248b, 03-0248d, 03-0248e. PURPOSE: This will introduce a new Section 627 entitled SD-27 FEC Corridor Special District. Record for PZ.22 is consolidated with PZ.23 and PZ.24. 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 12447 Chairman Winton: PZ-22. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs (Planning and Zoning) 22, 23 and 24 are the actual zoning changes for the Buena Vista Yard. The first one, PZ-22 -- this is also a Second Reading Ordinance -- is in order to be -- it's the Umbrella Special Disfrict of SD-27. Within the Umbrella Disfrict, we anticipate that there be several -- 27 subdistricts that all have to do with development of the FEC (Florida Eastcoast) Corridor. So, PZ-23 is the first of those, which is the 27.1 Special District. This covers the eastern half of the Buena Vista Yards, and is a mixed -use district, high density, with all of the design guides and standards built into it, Class II Special Permit required. And because of the Regional Activity Center designation that you just passed, it allows for a little bit higher threshold of development without being a DRI ( Development of Regional Impact). And through the Special Zoning District, it would raise the thresholds for Major Use Special Permits, as well. PZ-24 is the actual atlas amendment, which amends the atlas of the Zoning Ordinance in order to designate the SD-27.1 Disfrict on the eastern half of the Buena Vista Yard. I think we have a brief presentation for you on what the vision is going to be of this area, based on these regulations that you're passing today. City ofMiami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Lucia Dougherty: Yes. Good afternoon, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the owners of the property, which are currently the Kerry family and joint venture with Michael Samuels, and I just kind of want to remind you of where we came from. When the Kerrys and Mr. Samuels thought of this property initially, they thought about an industrial piece of property that they could build a big shopping center on, a big boxed shopping center, and through the vision that you all had of having Bernard Zyscovich do a plan for the entire area, which said we don't want -- we don't visualize this as a shopping center. We see this as a mixed -use community, something that has a lot of vibrancy, and people live and work in the same place. Well, these developers also saw your vision. And through a lot of hard work from the City's planning staff particularly, Ana Gelabert, and Sarah Ingle, and Lourdes Slazyk, they have done a magnificent job of coordinating all these efforts on behalf of the State, as well as the developers, as well as the architects and your master planner. So, I have to tell you that they did an incredible job and they deserve a lot of credit for this, what is coming before you today. This project or these amendments does not increase the development rights. I want you to realize that. There's no more development rights today than there was before, but it does allow for an increase in the threshold that doesn't require a DRI. So, there's no more development rights, but instead, we can develop faster because we don't have to do a DPI. We can do it under the current zoning regulations. So, with that, I'd like Bernard Zyscovich to give you the plan in its -- the plan that was initiated by you and carried out through the -- Michael Samuels, particularly, as it relates to SD-27.1. SD-27.2, dealing with the retail side will come at a later date. Bernard Zyscovich: Hello. Thank you very much. It's -- I'm Bernard Zyscovich. Very exciting to be here to realize that ftom the point that we began -- Chairman Winton: Excuse me, Bernard. Could y'all -- whoever has the phone over there that keeps going off could you turn it off please? Go ahead, Bernard. And we need your address for the record. Mr. Zyscovich: Bernard Zyscovich, offices at 100 North Biscayne Boulevard, 27th Floor. As I was saying, I'm -- it's a real privilege to be here, I think, at the kind of closing moment of this initial phase of the SD-27. I want to take you briefly through it. This is Trent Bond, who's the Project Manager for this project in our offices, as well as, I think there are some people here from our consulting team, Kimberly Horn, and others I saw roaming about. So, as Lourdes said, the 27 intent is really for a mixed use, highly diverse set of uses for the Buena Vista Yard. As you know, this is really a component part of the entire FEC Corridor Study. Next. Part of the plan has in it redevelopment strategies for open space and green space, and you'll see that specifically in the 27.1. Next. We also have the General Intent Section, which identifies 27 as an umbrella zoning characteristics special district that will be there where other subdistricts can plug into it. So, this becomes basically the umbrella Zoning Ordinance for this whole part of the City, known as the FEC Corridor. Next. In this map you'll see that the entire 56-acre tract is really divided into two parts. The eastern half is the one we're here today to have our second reading. It's 27.1. It specifically is mixed use, live/work, a very diverse set of opportunities but it's predominantly residential that mandates ground level pedestrian friendly uses. Next. Here's a better diagram indicating to you how it works. The area in yellow is the 27.1. 27.2, I understand, got unanimous approval at the Planning Advisory Board, which means that it will be coming to you at subsequent hearings. The idea of this is to promote an environment that has intensive mixed uses, 24-hour a day, taking advantage of the principals of part growth. We anticipate a transit note. So, it could also be considered transit -oriented development. It has enhanced pedestrian activities, major open spaces, and reconnection to the City of the street grid . Next. The street patter, as you can see, we've divided it up into basically three categories: primary, secondary, and tertiary. But, in plain English, what that means is the blue indicates the major avenues, the green are the service -- I mean, the green are the third level, and the yellow are secondary levels. And our Zoning Ordinance has been drafted around what happens City ofMiami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 along each of these Corridors. Next. Specifically, this is a rare opportunity to be doing a project in the inner City, where we can create the block as a model of how blocks could be done and, very simplistically, the center of each of the blocks will be parking. It will be invisible from the street. We will be using liner buildings and other types of architectural uses to make sure that we screen the parking entirely. There will also be a mandated percentage of active uses at the ground level. Next. We also have incorporated into the plan open space and green space, specific to the streets as a sfreet improvement, as well as parks and recreational areas dedicated for open space. Next. Regarding height, we have different heights within different zones, but we've broken the process down into gateway blocks, which are on the corner of 36th Street and 34th Street. An entertainment block, which is more or less central to the project, and then other sites. So, we have each of the blocks broken down with special characteristics. Next. We -- as I mentioned before, we're going to be having the street grid. We also will be incorporating a new crossing for the FEC rail at 34th Street. So, we will have another intermediate railroad crossing . Next. Midtown Boulevard is the dominant boulevard that moves through the site, and we will be having boulevard apartments that line the street. Next. Buena Vista Avenue, similarly, is another major north/south Corridor that has its own special characteristics. Next. East Coast Avenue is a sfreet that will be created immediately next to the rail. This will be the ideal location for the stop for transit and other transit -oriented activities. This will also be the dominant entry street for the residential towers. Next. In addition to the other streets, we are incorporating something we're calling the Muse, which is a really classical form of street, much like the old carriage houses used to be within other major urban Corridors. This will be especially useful as mixed, live/work-type activities. Next. There will also be setback requirements related to each part of the block throughout the district. And in closing, we'd like to say that we really appreciate the opportunity to have worked together with you, the Commission, in creating the FEC Corridor. I was just sharing with Lucia and Trent how amazing it is that, in such a short time, we've gone from a kernel of an idea to, not only a development, but with the great help of staff a Zoning Ordinance and a real blueprint for how this thing will happen. I characterize it as happening at life speed. It's just amazing how far we've gone. And I thank you all for the opportunity to be helpful in this way. Chairman Winton: Thank you, Bernard. Did we do the public hearing on this? What item is this, 22? Ms. Slazyk: 22, yes. Chairman Winton: Did we do the public hearing? I'm sorry. Did we? Vice Chairman Teele: We've not done the public hearing. We've just -- Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Lucia and Bernard were very polite in some ways about our staff and I appreciate it very much, the singling out. I think it was three people Lucia singled out. Where's Lucia? Butl think you want to modify your statement a little bit, Lucia, because this project would not be possible were it not for the Commissioner from the district, who really -- Bernard just alluded to -- who had the vision of developing an FEC plan, a plan for the whole area. And as was discussed previously, this could have just been a big, big box area where you see giant cardboard box as you drive by from refrigerators and stoves and televisions that were being processed for sale. But Commissioner Johnny Winton, and this Commission supporting him, went forward with a vision and a plan, and I think so much more of this proactive approach -- the discussion about the Marlins, earlier, Johnny, it's about being more proactive and not just letting happen what may happen. And I would, you know, just appeal to you, as the Chair, and as the father, if you will, of this FEC project to continue to move us in a direction where the City ofMiami is having a say in what the future will look like. Obviously, the key to this are the developers, because the developers could look at this and say, I like the idea or that's not worth a City ofMiami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 -- and gone and do their thing, and the City didn't mandate anything. But we spent a large amount of money and a lot of time in mobilizing opinion, and I think it's paid off Johnny, and I think this Commission, this community owes you a real debt of gratitude for your leadership. Won't you join me in saluting Commissioner Winton for his leadership? (Applause) Chairman Winton: Thank you very much, Commissioner Teele. I don't think that was necessary . I feel real proud to have worked with -- you know, we've all done this as a team and I don't -- you know, I'm happy it's happening. I mean, it gives me thrill, so -- Ms. Dougherty: I also want to -- Chairman Winton: -- thank you very much for those kind words. Ms. Dougherty: -- commend the Mayor's office and the great work that Otto Boudet did in sheparding the whole -- and being --- acting as a real liaison for us, and the staff. Chairman Winton: Yeah. Everybody's chipped in and it's been great. OK. Vice Chairman Teele: Public hearing. Ms. Slazyk: PZ-22. Chairman Winton: I was going to say, did I do public hearing? I can't remember asking. PZ- 22 is a public hearing. Anyone from the public would like to speak on PZ-22? If not, we'll close the public hearing. Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: Got a 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, please. A roll call was taken, the result of which is stated above. PZ.23 03-0248d ORDINANCE Second 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 6 SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 627 ENTITLED SD-27 FEC CORRIDOR SPECIAL DISTRICT, TO ADD A NEW SUB -DISTRICT SD-27. 1 ENTITLED BUENA VISTA YARD EAST, ADDING AN INTENT STATEMENT, CREATING SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND ADDING DESIGN GUIDELINES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 03-0248d-Backup.pdf 03-0248d-Legislation.pdf 03-0248d Exhibit A.pdf 03-0248d Complete Leg islation.doc 03-0248d-Memo-Corrected Scriveners Error.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 23, 2003 to the City Commission by a vote of 7-0. This is a companion to File IDs 03- 0248, 03-0248a, 03-0248b, 03-0248c, 03-0248e. PURPOSE: This will add a new sub -district SD-27.1 entitled Buena Vista Yard East. Record for PZ. 23 is consolidated with PZ.22 and PZ.24. 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 12448 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-23 is the 27.1 district. Recommended for approval. Vice Chairman Teele: Public hearing. Chairman Winton: Public hearing. PZ-23 is a public hearing. Anyone from the public would like to speak on PZ-23? Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: No. We got -- hold on. Why don't you come up. Yes, sir. Put your name and address on the record, please. Peter Cohn: Peter Cohn, 1918 Brickell Avenue. It seems inevitable that this item will pass, butl would recommend that some consideration be given that a certain percentage of those who are hired to work in the malls, so on and so forth, come from neighboring districts, like those within Commissioner Teele's district, and perhaps others, as well. Vice Chairman Teele: Thank you. I'll adopt it and do it if the lawyer tells me it's legal. Mr. Cohn: Well -- Vice Chairman Teele: Hold it. Mr. Attorney. Joel Maxwell (Deputy City Attorney): The intention is well placed, but it's not something that City ofMiami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 you could do at this time, Commissioner. You can't -- Vice Chairman Teele: If it's not appropriate for a Zoning Ordinance? Mr. Maxwell: That's correct. And you can't mandate employment on non -City, non governmental projects. Vice Chairman Teele: There will be a time when they will appear before us, perhaps, that there may be an opportunity to do it, but not in a Zoning Ordinance. Chairman Winton: By the way, I've had, as you know, many discussions with both developers, who have made an absolute commitment that they're going to spend -- in fact, they've already begun to reach out into the neighborhoods surrounding -- because most of the district is Commissioner Teele's district, and they've made an absolute commitment to hire -- to do extensive hiring from City ofMiami residents, particularly in those neighborhoods surrounding the development. Vice Chairman Teele: Surrounding areas. Chairman Winton: So -- and they've made that commitment on their own. They're really committed to doing that, and they've begun the outreach program to make it happen. Mr. Maxwell: But as -- Chairman Winton: I'm sorry. Any other comments from you, sir? Mr. Cohn: No. Chairman Winton: OK Thank you very much. Mr. Maxwell: But as -- Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: But as pointed out by Commissioner Teele, that is not any basis for a decision on the item in front of you today. Chairman Winton: We understand. Thank you. Anyone else from the public would like to speak on PZ-20 -- Ms. Slazyk: 3. Unidentified Speaker: 3. Chairman Winton: -- 3? Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: If not, we'll close the public hearing. We have a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Mr. Maxwell: And as before, this -- I would ask that the City Clerk consolidate the record on Items 22, 23 and 24, Mr. Chairman. Chairman Winton: We would accept that suggestion. Mr. Maxwell: Madam Clerk. Chairman Winton: PZ-24 is a public hearing. Anyone from the public would like to speak on PZ-24? Anyone from the public on PZ-24? If not, we'll close the public hearing. Need a motion Commissioner Gonzalez: Moved PZ-24. Chairman Winton: And a second. Vice Chairman Teele: Second. Commissioner Regalado: Second. Vice Chairman Teele: What did you just do? Sylvia Scheider (Assistant City Clerk): I'm sorry. I did not call the roll on PZ-23. Vice Chairman Teele: Yeah. That's what I'm -- Ms. Slazyk: Actually, this -- Chairman Winton: Yeah. I'm in a hurry. Commissioner Regalado: No, we didn't do it. Ms. Slazyk: This was still 23. Chairman Winton: Yeah. I'm sorry. Ms. Slazyk: Yeah. Chairman Winton: Would you call the roll on 23, please? Ms. Scheider: Thank you. Chairman Winton: I was trying to do 24. A roll call was taken, the result of which is stated above. PZ.24 03-0248e ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE ZONING CLASSIFICATION FOR THE FEC BUENA VISTA YARD FROM "I" INDUSTRIAL AND "C-2" LIBERAL COMMERCIAL TO "SD-27.1" BUENA City ofMiami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 VISTA YARD EAST SPECIAL DISTRICT; SAID PROPERTY MORE PARTICULARLY KNOWN AS A PORTION OF LAND CONSISTING OF APPROXIMATELY 25.54 ACRES IN AREA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 03-0248e-Backup.pdf 03-0248e-Legislation.pdf 03-0248e-Exh i bitA. pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-2 Liberal Commercial to SD-27.1 Buena Vista Yard East Special District to Change the Zoning Atlas LOCATION: A Portion of Land Consisting of Approximately 25.54 Acres in Area APPLICANT(S): Planning and Zoning Department FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 23, 2003 to the City Commission by a vote of 7-0. This is a companion to File IDs 03- 0248, 03-0248a, 03-0248b, 03-0248c, 03-0248d. PURPOSE: This will allow for a unified commercial development site. Record for PZ.24 is consolidated with PZ. 22 and PZ.23. Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez 12449 Lourdes Slazyk (Assistant Director, Planning & Zoning): Twenty-four is the -- Chairman Winton: Now we're talking about 24. Ms. Slazyk: Yes. That's the atlas amendment, also recommended for approval. Chairman Winton: I guess we'll open the public hearing again on PZ-24. Anyone from the public on PZ-24? If not, we'll close the public hearing. Commissioner Gonzalez: Move PZ-24. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. City ofMiami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 A roll call was taken, the result of which is stated above. FIRST READING ORDINANCES PZ.25 03-0244 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING NEW ARTICLE 10 (X) ENTITLED "FEC CORRIDOR IMPROVEMENT TRUST FUND," ADDING AN INTENT STATEMENT, PROVIDING FOR ADMINISTRATION AND REGULATIONS, AND PROVIDING A FEE SCHEDULE FOR TRUST FUND PAYMENTS FROM "FLOOR AREA RATIO (FAR) BONUS FEES"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0244-Backup.pdf 03-0244 MODIFIED Legislation.PDF 03-0244-Exhibit.pdf 03-0244-DRAFTLeg islation. pdf REQUEST: To Amend Chapter 62 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will create a new Article 10 (X) entitled, "FEC Corridor Improvement Trust Fund". Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-25 is the establishment of an FEC ( Florida East Coast) Corridor Neighborhood Improvement Trust Fund. One of the items in the ordinance that you just passed was a slight FAR (Floor Area Ratio) increase is eligible for a development within the Buena Vista Yard properties upon contribution to a trust fund. The trust fund is being set up in order for the City to have funds from which to do other improvements within the FEC Corridor or contribute toward transportation solutions, including trolley systems or any other improvements that are necessary in order to establish the goals of the FEC Corridor. They are listed in the ordinance. So, this is something that will continue to be used throughout the FEC Corridor, not just this property. And we think it could be very beneficial to the district. So, we would recommend approval. Chairman Winton: Public hearing. PZ-25 is a public hearing. Anyone from the public would like to speak on 25, PZ-25? If not, we'll close the public hearing. Vice Chairman Teele: Mr. Chairman. City ofMiami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Yes, sir. Vice Chairman Teele: I think the title is very misleading. I think the word "neighborhood" should be taken out, because what this is, this is about -- this is almost like a -- I mean, let's don't -- I'm not opposed to this, although I could easily be. But this is almost like a trust fund for the district. The word "neighborhood" implies that it's the FEC neighborhood around it, but it's really not. It's really about the FEC. Now, I know it talks about connectivity with other neighborhoods, but that's all about bringing people to the FEC. I believe that this could wind up starting a slippery slope, where we wind up with the rich getting richer -- richer neighborhoods getting richer at the expense of poorer neighborhoods. The idea that it supports transportation modalities is very encouraging and very positive, in my opinion, but the idea that all the money is going to stay in that one area and not really move within the neighborhood -- because, you know, we've got Wynwood, we've got Little Haiti, all within a matter of -- andAllapattah, all within a stone's throw away. Particularly, we have a lot of Central American, Latin American, as well as Haitian American, and I don't think we ought to try to call this thing something that implies that it's going to go into the neighborhood because it's not, per se. This is designed to stay within the FEC to support that, and that's not a bad thing, per se. So, I would ask that the staff drop the word "FEC Corridor neighborhood" and just call it FEC Corridor Trust Fund, because that's what it really is, and I'll support it on that basis. Although, I do think that we have to be very careful that we're not sharing the wealth or sharing the development opportunity. Chairman Winton: Could I -- because I haven't thought about the negative implications, and so I'm real -- I'm very interested in your point of view on that, Commissioner Teele, because maybe, you know, there's -- in all of these things there's always the law of unintended consequences, which we're about to deal with in just a little while on the Noise Ordinance, because the Noise Ordinance was designed for something entirely different and it's now doing something else. So, I think it's important to think about that law of unintended consequences, as it relates to this. And I have, frankly, no problem if you want additional time to think about it, because I value your thought on this a lot -- I don't have any problem moving this to the next meeting. Vice Chairman Teele: I would appreciate if you would move it to the next meeting. Chairman Winton: I have zero problem. I would love to hear -- love your thoughts on this. Vice Chairman Teele: SD-27 -- Lourdes, SD-27 is essentially the area we're talking -- Hs. Slazyk: Yes. They're -- because the trust fund was referenced in the Zoning Ordinance that you just passed, would we be able to pass this on first reading and then maybe meet for -- Vice Chairman Teele: Is this on vote for first reading? Hs. Slazyk: This is first reading. Could we pass it and then meet? Vice Chairman Teele: I don't have an objection. Hs. Slazyk: And we'll change the name for second reading. Vice Chairman Teele: Let me tell you what would like to see, candidly. I would like to see that -- it applies to SD-27. It's two basic areas. It's transportation, which I have no problem with that. Hs. Slazyk: Right. Chairman Winton: Right. City ofMiami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: If it were just fransportation and that's it, I would be -- I would not have this concern. But then it talks about -- in the other section about landscaping, and sidewalks, and street improvement, and it needs to be within SD-27 or in some radius around SD-27. Ms. Slazyk: I agree. Vice Chairman Teele: So that you don't wind up with what you've got right now on Miami Avenue, where you've got absolute beauty on one side of the street, and on the other side of the street, you don't even have sidewalks. Ms. Slazyk: Yeah. I think the intent of this was that some of this be able to be used for the neighborhoods around Buena Vista -- Vice Chairman Teele: It doesn't say that. Ms. Slazyk: -- for the connectivity. Lucia Dougherty: Yes, it does. That's not -- it's not for inside the district. It's for outside of the disfrict. SD-27 is not applicable inside this district. Inside our disfrict is SD-27.1, but this money is intended to be spent outside of the Buena Vista Yards. Vice Chairman Teele: Are you saying SD-27 is different from SD-27.1 ? Ms. Dougherty: That's correct. Ms. Slazyk: 27 is all of the FEC Corridor. It could be anywhere from down -- you know, near the Omni to all the way up where the FEC Corridor ends. Ms. Dougherty: It's specifically not intended to be inside the Buena Vista Yards. Ms. Slazyk: It's to connect the Buena Vista Yard, and the development there to the -- Vice Chairman Teele: Yeah, but that's the fransportation -- Ms. Slazyk: We could be more clear. Vice Chairman Teele: Wait, wait, wait. That's the fransportation side. On the west side of 27 -- on the west side of the Buena Vista Yard, how much of this would apply? Ms. Dougherty: All of it. Vice Chairman Teele: On the west side of the existing -- Ms. Dougherty: It is not intended to be -- the landscaping provision is not intended to be spent inside the disfrict -- inside the Buena Vista Yards. Vice Chairman Teele: The way I read this, under Bowlegs 2 and 3 -- I understand on 1, it talks about the Corridor, the FEC Corridor, but in Bowlegs 2, where you're talking about landscaping, infrastructure, et cetera, and the maintenance of landscaping, it talks about within SD-27. Now, I'm just frying to understand this. What is -- how far does SD-27 go? Show me a map of SD-27 on the west side. That's the Allapattah side of it. Ms. Slazyk: Right. The FEC Corridor Study included a much bigger area than just the Buena Vista Yard. So, as other special districts begin to be designated up and down the FEC Corridor City ofMiami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 on both sides -- Vice Chairman Teele: What is SD-27? This talks about SD-27. Ms. Slazyk: SD-27 was not applied to a specific piece of property. It's intended to be an umbrella that covers the whole FEC Corridor. So, it doesn't really do anything. It just defines the terms that all of the subdistricts within -- Chairman Winton: How far -- how far west is -- Vice Chairman Teele: How far west is this? Ms. Slazyk: As far as the study went. And I -- that map, I -- Ms. Dougherty: Maybe it's better to put -- Ms. Slazyk: Yeah, Bernard may be able to answer the -- the boundaries of the study are pretty much -- Bernard Zyscovich: The boundaries of the FEC study went from the -- Vice Chairman Teele: But let me just ask you this. Why doesn't this ordinance say that? Ms. Slazyk: Because the other subdistricts have not been written yet. Mr. Zyscovich: Right. Ms. Slazyk: As each one gets written and plugged in -- Vice Chairman Teele: But why does -- OK, I accept that. Ms. Slazyk: OK. Vice Chairman Teele: But those are subdistricts. Ms. Slazyk: Right. Vice Chairman Teele: But why isn't the boundary a part of this ordinance? Ms. Slazyk: The trust fund probably should have a boundary, and I think we could make that change -- Vice Chairman Teele: It's got to. Ms. Slazyk: Yeah, yeah. I think we can make that change on second reading. Vice Chairman Teele: That's my point. Chairman Winton: It's got to. Otherwise, we're in trouble. Vice Chairman Teele: It's got to have a boundary. Ms. Slazyk: I agree. I agree. Chairman Winton: So, I think it's reasonable to -- City ofMiami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Defer? Mr. Zyscovich: If you defer back to the master plan that you had us do, which would be from Omni to the upper northern City limits, from Biscayne Boulevard to 95, from 386 -- Vice Chairman Teele: I'm concerned about making sure that the statements that were made here and commitments that were made, particularly in the Hispanic community ofAllapattah -- what's that CDC (Community Development Corporation) ? Chairman Winton: And Wynwood and -- Vice Chairman Teele: And the Wynwood, and the CDCs, and the Haitian community, that we live up to those things -- Chairman Winton: Right. Vice Chairman Teele: -- now that we're talking -- you know, it's fine when we're talking the policy, but when the money gets put on the table, I want to make sure that we're living up to those commitments. Now, obviously, this trust fund is not going to be a huge frustfund, and obviously, the fransportation component -- it probably would have been better if you just limit it to fransportation, because that's going to suck up all the money anyway. Ms. Slazyk: Right. Vice Chairman Teele: But the fact is, I think we ought to at least, Mr. Chairman, have a map -- Ms. Slazyk: A boundary. I agree. Vice Chairman Teele: -- that shows what the boundaries are, so that we can keep faith with what we said we were doing. Chairman Winton: I would still be more comfortable -- well, Lourdes was suggesting we move it on first reading. Ms. Slazyk: Yeah. Well -- Vice Chairman Teele: This is the first reading. Chairman Winton: OK I got it. Right, right. Yeah. Vice Chairman Teele: And we can add the map -- Chairman Winton: For second reading. Vice Chairman Teele: -- a reference to -- as annexed -- Chairman Winton: OK, perfect. Joel Maxwell (Deputy City Attorney): Well, 20 -- the 20 -- the SD-27.1 actually has a legal description. Vice Chairman Teele: No, no. Mr. Maxwell: And you're right -- City ofMiami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Slazyk: But this is bigger. That's why -- I'd rather add the map of the FEC Corridor to -- Mr. Maxwell: No, I'm not saying don't add the map. Ms. Slazyk: Right. Mr. Maxwell: I'm saying, in addition. But also, you should also -- Chairman Winton: 27 -- Mr. Maxwell: -- instruct that the assertions that have been made as to where the monies will be spent or won't be spent, that that actually be incorporated into the provisions of the ordinance. Chairman Winton: I think that's what they've just said, we're going to bring a map -- Ms. Slazyk: Yeah. Mr. Maxwell: Yeah. Chairman Winton: -- to the table that defines the territory. Ms. Slazyk: Right. And then what I can do in that, too -- Chairman Winton: I think that's what everybody was saying here. Ms. Slazyk: In the 2 and 3, then I would clarify that the primary purpose, when it's going to be used for other landscaping and linkage issues, is to link the neighborhoods. We'll be a little more clear on that. Vice Chairman Teele: Exactly. Chairman Winton: Agreed. Mr. Cohn: But just for the stake of clarification, it's the intent of this trust fund to pay for the things that normally are unfunded, like cultural activities, civic -type buildings -- Chairman Winton: Where does it say that? Mr. Cohn: -- transportation. That's my -- it allows for landscaping and other things, because as the trust fund grows, it could be spent for that. But the point I'm trying to make is that, for the purpose of this particular project, the funding for the landscaping and street improvements is coming out of a CDD and will not be coming out of this trust fund. Ms. Slazyk: In Page 5 of 9, Number 3, "Perform such other related activities, as may be appropriate to carry out the intent of this article, including but not limited to maintenance of street scapes, funding for operations of civic spaces within the SD-27 District, and Code Enforcement activities as may be deemed necessary by the City Manager." Vice Chairman Teele: That's what I referenced. Ms. Slazyk: Right. Vice Chairman Teele: One -- Bowlegs 1, I have no problem with. City ofMiami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Ms. Slazyk: But you need the map, right. Vice Chairman Teele: But Bowlegs 2 and 3, you need a map for. Ms. Slazyk: Yeah, I agree. Mr. Cohn: OK. Commissioner Regalado: Who decides that? I mean, who decides what to do with the money? Ms. Slazyk: The expenditures have to come to the City Commission with written recommendations from the Planning Department, CIP (Capital Improvement Project), Public Works, and the Office of Transportation and the Manager. Commissioner Regalado: So, there will not be a -- Ms. Slazyk: You decide, the Commission. Commissioner Regalado: So, there will not be a board, like Bayside? Ms. Slazyk: No. Unidentified Speaker: No. Ms. Slazyk: It's Commission. Chairman Winton: Yeah. Thank goodness. And by the way, the idea of spending this money on code enforcement activities seems to me to be an awful idea. That's a responsibility we already have. Everybody pays taxes to do that. I don't know why we're -- because that seems to me -- when we all go away, it all gets sucked up by the general fund in the name of code enforcement. So, I'm going to -- Ms. Slazyk: Take that out. Chairman Winton: -- not be very supportive of that idea as we move forward. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Ms. Slazyk: We'll remove it. Vice Chairman Teele: I would move the item, as amended, with the amendment at this point being the addition of an attachment that includes the map of the SD-27 area. Chairman Winton: And strikes "code enforcement." Mr. Cohn: Good catch. That's correct. Vice Chairman Teele: And strikes "code enforcement." Ms. Slazyk: Right. Chairman Winton: We have a motion. Need a second. City ofMiami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? This is an ordinance, is that correct? Mr. Maxwell: That's right. Is that also striking the word "neighborhood"? Chairman Winton: Yes, it strikes "neighborhood" -- Vice Chairman Teele: Yes. Chairman Winton: -- and it strikes "code enforcement," and adds the map. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Maxwell: As amended, including a map of SD-27? Ms. Slazyk: The FEC Corridor area, yes. Chairman Winton: Did you read the ordinance? Finish? Yes? Roll call, please. A roll call was taken, the result of which is stated above. PZ.26 03-0194 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-2 TWO- FAMILY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3150, 3160, AND 3138-40 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 03-0194-Backup1.pdf 03-0194-Backup2.pdf 03-0194-Legislation.pdf 03-0194-Exhibit.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 3150, 3160 and 3138-40 SW 21 Terrace APPLICANT(S): Coral Way Medical Group, LLC and Herminia Diaz, Owners APPLICANT(S) AGENT: Lucia Dougherty, Esquire FINDINGS: City ofMiami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on June 2, 2003 by a vote of 6-3. PURPOSE: This will apply the SD-12 Buffer Overlay District to the Two - Family residentially zoned properties listed above. Covenant was proffered by applicant (Coral Way Medical Group) that this property: (a) not be rezoned commercial, (b) that a wall or landscaping that is as good or better than the one depicted in photograph exhibit proffered will be offered at the special exception. 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 directed the Administration to ascertain that the maps included in backup to agenda items are clear; further stating that this direction has been made repeatedly and still some maps are not clear. Vice Chairman Teele requested the applicant to meet with the area neighbors to obtain their input in connection with appropriate buffer between property and adjacent neighbor(s) in the way of a wall or appropriate landscaping; further requesting that applicant bring an architect to the meeting to make appropriate design, trying to comply with the neighbors' desires and concerns prior to this matter coming back to the Commission for second reading. Chairman Winton stated that applicant is to make every attemp to satisfy the neighbors. Chairman Winton: PZ-26. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-26 is a change of zoning. This is a First Reading Ordinance. It's basically to put -- to add an SD-12 Buffer Overlay District to the property located at 3150, 3160, 3138/40 Southwest 21 st Terrace. This is off of Coral Way. It's been recommended for approval by the Planning and Zoning Department. This would allow those properties that, in part, are already being used for parking to be able to be used for the parking needed for the commercial building on Coral Way. Chairman Winton: Lourdes -- Commissioner Regalado: Mr. Chairman. Chairman Winton: Hold on one second. Lourdes, here's the copy of the aerial photo I have in my package. There's the real aerial photo right there that's crystal clear. I don't know -- I've only made this comment 80 times since I got elected, and I don't want to penalize them, but I'm really getting tired of making the comment about lousy aerial photos in our packets so that can't look at the damn thing and figure out what I'm looking at, and I've said it, you know it, over and over and over again. And I think I've been very patient about this, but -- Ms. Slazyk: We usually put the originals in your package. I have to check and see what happened, because that shouldn't be happening. Commissioner Regalado: In his package or -- ? Ms. Slazyk: No, all Commissioners. Chairman Winton: Just my package. City ofMiami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: I know. I know, because mine -- I get -- yours is better. I mean, mine doesn't even -- Ms. Slazyk: We print originals for the Commission's packages. I don't know why -- Commissioner Regalado: Yeah. Well, I get the fifth copy, probably. Ms. Slazyk: -- this time -- it looks like it was a copy, and I'll have to find out. And I apologize. Chairman Winton: But, trust me, I'm telling you, I don't want to have to say this again. I mean, somebody's -- Madam Manager, I can't direct staff I can't do anything to staff but I can do something to the Manager, and I've -- as my colleagues know, this is maybe the 80th time I've talked about getting good photographs, aerial photos in our packets and here I am again, and I've been way patient and those patience are done. Teresita Fernandez: Commissioner Winton, my name is Teresita Fernandez, from the Hearing Boards. We personally put the photocopies in each package. Your Item 26 is the only one that didn't have it? Chairman Winton: Yes. Ms. Fernandez: OK. So, it was only one item. I have to look at -- I have to find out what happened. But I apologize. Chairman Winton: Thank you. OK. Sorry. OK. PZ-26. Lucia Dougherty: Thank you. Again, for the record, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm joined today by Drs. Carillo and Dr. Mas, who own this piece of property, which is an office building that's located on Coral Way and 31 stAvenue. And I have to tell you, in driving down Coral Way, this is the nicest office building there is on Coral Way. And it's practically -- it's only about half to three quarters full, as we speak. There is an existing parking lot behind it that has got a wall on it. And you may recall, last July, there were some opponents or people who were opposing this SD-20 -- SD-12 overlay to allow us to park on this area here, and they complained about the condition of the wall, which we did paint subsequent to that time. But this is a first reading of an ordinance to allow us to park on this area. After this, there's a second reading, and after that, there's a special exception, which the Planning Department and the Zoning Board also review what would go on there in terms of the site plan. We did a visual of what we conceive for the wall. We would take down the existing wall. We'd put a new wall in with landscaping around it, and actually beautify the area. We took this to the neighbors that were around the area. We got a petition that supports us, including a fellow who lived next door . And you may recall, that he was the one that says, '7 have a baby next door to this wall that you're going to have, or this parking lot. I don't want that." You'll see that he's not here today. But right now -- I just want to -- Coral Way again. This is -- this building is here, the Cuban Museum is here. This is Total Bank. These are retail. And right now, the doctors are paying for a valet service to be parking at Blue, which is across the street, which is now under construction, soon to be a new condominium residence. So, this parking is going to go away. So, what are you going to have? You're going to have patients driving around the neighborhood, parking in front of people's houses, as opposed to in a parking lot secured. The doctors have also offered -- there's a church catty -corner and they've offered the Cuban Museum to be able to park there during the weekends, if that's something the community would like, so that there would be no parking or alleviate some of the parking on the weekends. So, we would urge that you would consider this on first reading, again, recognizing that we still have a lot of process to go before we get this approved for a parking lot. Chairman Winton: PZ-26 is a public hearing. Anyone from the public would like to speak on City ofMiami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 PZ-26? Anyone from the public on PZ-26? Yes, ma'am. Need your name and address for the record, please. Miriam Ordaz: Good evening, Mr. Winston (sic), Arthur Teele, and fellows Commissioners. My name is Miriam Ordaz, and I reside at 3151 Southwest 21 st Terrace. As was mentioned by the counsel, we had been before the Board. And before I continue, I'd like, if possible, to enter over 15 petitions from homeowners in the area. Chairman Winton: Mr. City Attorney -- Joel Maxwell (Deputy City Attorney): Commissioner, petitions are not relevant. She can place them in the record, but they should not be a basis for consideration. Ms. Ordaz: That's fine. I want to put them in the record. Chairman Winton: OK Give them to the City Clerk. Ms. Ordaz: Thank you. I'm here with my husband. We've been living in this neighborhood for 20 years. I have Gladys Rodriguez and her son, who have lived here for 24 years. Ms. Rebecca Gonzalez and her son, 33 years. And in the audience with me is Mr. Eddie Borden, Jr., who has lived in this neighborhood for 62 years. The home that he lives in was built by his father, and he still lives there. On June 2nd, we -- the homeowners and I came to the Zoning Board and they voted in favor of the homeowners, 6 to 3, and they recommended to the City Commission to deny this petition. Although, over a month later, on July 24th, the homeowners attended another public hearing for the first reading of the ordinance, and on behalf of the homeowners in the neighborhood, we want to thank Mr. Winston (sic), Mr. Regalado, and the other Commissioners, who were present for their support during that meeting. As the record shows, the Commission voted to deny this petition. Yet, four months later, we are here again to reconsider the same petition. The homeowners and I hope that the responsible decision made by the City Commission, which was in the best interest of our neighborhood, has not been forgotten. Basically, nothing has changed. The only thing that has changed is that you saw better aerial pictures on their part. And I agree, you have mentioned it at other hearings, that you want those pictures to be accurate. I commend you for, you know, being on top of such things. The only thing that changed was, after that hearing in July, they did approach some of the neighbors with a beautiful picture of what the wall would look like, and I guess they really didn't get the idea that we don't want the wall. It doesn't matter what the wall looks like. I say this only because, as I educate myself about this process, I realize that there is much to learn. A few days after the last hearing -- like I mentioned, Dr. Carillo did come around the neighborhood with the pictures about, you know, what the wall would look like, with the shrubbery and the Spanish tile, and whatever else that they want to put on it, and I had a feeling that the process wasn't over. And the petitioners wouldn't give up. But I'm here to tell you that the residents of 21 st Terrace and the homeowners of this community are also relentless. After speaking with someone in the Zoning Department, I learned that the petitioners had the right to request this personal hearing before the Commission to ask for a second hearing. This kind of bothered me because I felt that this part of the process didn't allow the homeowners the opportunity to be present and express their views. It was something, I'm assuming, was done behind closed doors. So, at this time, I ask all of you who sit on the Commission, who are homeowners, to put yourselves in our position . Do you think that it is appropriate for a parking lot to be constructed directly across from your home or adjacent to your property? We have a City ordinance that prohibits a homeowner from parking a boat on their front lawn. Yet, Coral Way Medical Group is asking that they be allowed to demolish a home, turn it into a parking lot, and surround it with a 10 or 12-foot wall. I feel that all the time, the money, and the effort that has been exerted by Coral Way Medical to pursue this petition should have better been spent on what I call, since I'm a teacher, "doing your homework, " by purchasing a facility that would meet their needs. You don't have to be a mathematician to figure out that if you have an office building with about 13 doctors, and each City ofMiami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 doctor has three or four medical assistants and other personnel, you're going to lead -- at least need a minimum of 52 parking spaces just for your employees, not including your patients. So, since parking seems to be the issue, I did my homework, and I would like to suggest that Coral Way Medical Group continue to valet at the Peruvian Restaurant on Coral Way, or use the 32 other available meter parking spaces provided by the City within a two -block square area near their building. There are six parking spaces on 31 st Court and 21 st Terrace, right off of 32nd Avenue. There are 10 spaces on 31 st Court and 21 st Terrace. There are 11 spaces on 32nd Avenue and Coral Way. There are three spaces available at 3127 Southwest 21 st Terrace. And there are two new meters that the City just put in within about two months ago on 31 stAvenue and 21 st Terrace, for a total of 32 parking spaces. They could also look into the empty lot on Coral Way and 32nd Avenue that used to be leased to Office Depot. And, lastly, at 3191 Southwest 21 st Terrace, there's a parking garage available for an hourly fee, maximum of eight dollars ($8) a day. I want Coral Way Medical Group to realize that since many, if not all, of their doctors are coming from Mercy Professional Building, they are well aware that their patients must pay for parking when they used to be at those offices. One of the homeowners has a daughter who is employed by Jackson Memorial Hospital, and she has to pay a forty-four dollar ($44) a month parking fee. If Coral Way Medical Group had over three million dollars ($ 3,000,000) to invest in the purchase of their building, and approximately three hundred thousand dollars ($300, 000) to purchase a home at 3138, 3140 Southwest 21 st Terrace, they should have had the foresight to buy a building in a commercial area with ample parking to meet their needs, and not petition for a change of zoning in a neighborhood. Why should the homeowners be burdened for their lack of planning? It's bad enough that we already have a 12-foot wall facing 21 st Terrace. And the worst part about it -- I wasn't there during that time. I was still in high school. But that wall was grandfathered in in 1974, and the homeowners didn't have a voice. Coral Way Medical Group has owned their building for over two years and, coincidently, just like they mentioned, at the last -- in the last couple months, they did get around to white washing the wall to cover up the filth and the mildew that was there, and that probably was done because the homeowners brought it up as an issue, and shared the pictures with the Commissioners at the last hearing. In closing, I ask that, on behalf of the homeowners, you carefully take into consideration the opinions expressed here tonight, and those of the petitioners that -- the forms that I turned in. We urge you to vote your conscience and send a strong message to commercial businesses, and let them know that they don't have the right to knowingly purchase a home in an established community that has been around since the 1940s, and expect the homeowners to agree to such a petition. We are outraged that they would request a second hearing for a change in zoning classification of 3150, 3160, 3138, 3140 Southwest 21st Terrace from an R-2 family residential to an R-2 family residential with an SD-12 Buffer Overlay District, without any consideration for the homeowners who will be impacted now and in the future. I believe, if you ask them, they circulated a letter on November 7-- well, prior to November 17th for a meeting that they were going to hold in their office at 6:30, and as far as I know, with the neighbors that I spoke to, I don't think they had anyone attending. Maybe one person. I don't know. So, please, vote to deny this petition, and don't allow Coral Way Medical Group to change the zoning in our neighborhood. I want to thank you again for your anticipated support, and happy Thanksgiving to all of you and your families. Thank you. Chairman Winton: Thank you. Anyone else from the public would like to speak on PZ-26? Anyone else from the public on PZ-26? Then, we will close the public hearing. Lucia. Ms. Dougherty: Yes. I -- one of the things that she mentioned is that they don't want a wall. Well, if you have a single-family house, they can build a wall and it will be five feet from the property line instead of 20 feet, which your ordinance requires under an SD-12. Remember, the SD-12 is an overlay that allows parking for commercial that is abutting it. It does not change the residential -- the zoning classification of the property, at all. So, it's still zoned single-family for precedent purposes. It just allows parking -- you cannot access the parking from the residential sfreet. You can't access the parking from 31stAvenue. You can't access it from their residential sfreet. The folks who live directly across the sfreet, we have petitions in support of it, City ofMiami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 across the streetfrom this wall. So, the doctors are here and would like to address the Commission in all of the efforts that they've made in this neighborhood and with this building. Dr. Rafael Mas: Hi. Chairman Winton: Need your name and address for the record, please. Dr. Mas: Rafael Mas, M-A-S, and my home address is 13030 Southwest 75th Avenue. I just wanted to come on behalf of Coral Way Medical Group, although sometimes it sounds like a huge thing. It's only a building called Coral Way Medical Group. It's just a group of doctors that we've been in town for a while, and we just like to -- we bought this building in order to all be together there and basically take care of our patients. So, sometimes Coral Way Medical Group sounds like a big organization, but it's just a small group of doctors taking care of patients. The real reason why -- the reason for this extra parking was just for the benefit of our patients and for the benefit of the neighborhood also. We did discuss this with several of the neighbors, and I wish she would have been to our little reception that we did ask the neighbors to come over, because we're only doing this for the benefit of our patients and our neighbors, in the sense that this parking lot was also offered to them if they needed to use it over the weekend. This parking lot, before we bought the building, even told to us by the neighbors, was used for illicit activities. And we've put a fence there. There's security. There's lights now. It's a much safer parking lot at night, even for the neighbors. The patients are parking right in front of their houses. Once this parking is there, they're going to be able to park in a place where it's organized. Like Ms. Dougherty said, there's no access from any of their houses. It's all the same access, and there's already an existing alleyway between the parking lot and our building that's existed there and has already been there. Several of our patients are neighbors around there. Several of the people who did come to support us have had -- have not had any problems with it. And we went as far as getting an architect and a landscape architect to do the design of the new wall, which, you know, we're willing to do that, which is going to actually make everything look much nicer than it has been for years, and we're just -- on behalf of the Coral Way Medical Group, I'm asking the Commission to please consider this as -- it's -- for us, it was something done in good faith for the neighborhood and for our patients. Our patients aren't going to be charged for that parking. And if we're not able to get this permission from the Commission, we'll just have to sell the house and everything will continue the same. And, basically, I think it will be a huge benefit for the neighborhood in terms of organizing all the parking there and for our patients. I thank you very much. Chairman Winton: Thank you. Lucia, anyone else? Commissioner Regalado. Commissioner Regalado: Thank you. Thank you very much, Mr. Chairman. Coral Way is in District 4, most of the area, from 17th and to 37th Avenue, and there is a wave of construction in Coral Way, right where the Peruvian Restaurant and Old Hickory used to be. There will be another condo building right where the clinic used to be. Next to the Subway, there will be another condo building. On 32ndAvenue, there will be another condo building. There is a theater that offers plays during the weekend, right next to the Cuban Museum, and they're having a lot of problems with the parking. There is also a church, which function as a school during the week, that also has a problem with parking. Actually, the restaurants across the street are having difficulty with the parking. And it will get worst. The fact of the matter is that the wall is going to be there. The wall, as it is now. And I know that area. I live very close to that area. I've been living where I live for 29 years now. Hasn't -- we haven't moved. And the fact of the matter is that the wall will be there. We did a similar action on LeJune Road and 3rd Street, because of the medical office, and it solved the problem that the residents had. So -- because I think that Coral Way needs this kind of adjustment, and because, eventually, the neighbors are going to be worse than they could be if we do approve this, I would move to approve on first reading, provided that these kinds of drawings and maintenance will be part of a covenant. And this -- that this property would not come to the City Commission -- City ofMiami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: What item number is this? Commissioner Regalado: -- to -- for a commercial or whatever -- Vice Chairman Teele: What item number is this? Commissioner Regalado: -- that it would stay as an SD-12 -- Chairman Winton: PZ-26. Commissioner Regalado: -- on 21 st Terrace. So, that would be the covenant that I would request from the developers. So, I'll move on first reading the ordinance. Commissioner Gonzalez: Second. Joel Maxwell (Deputy City Attorney): Mr. Chairman, could I ask a question ofMs. Dougherty, please? Ms. Dougherty -- Ms. Dougherty: I would willingly offer this as a proffer, this covenant, and the covenant would be that it would not be rezoned commercial, that a wall that would be as good as or better than the one that's depicted on this photograph will be offered at the special exception. Mr. Maxwell: Thank you. Mr. Chairman. Chairman Winton: I'm sorry? I didn't hear you. Mr. Maxwell: The lady's asked for recognition, Mr. Chairman. Chairman Winton: Sure. But just two minutes, OK? Ms. Ordaz: The problem is not the existing wall. If they want to tear that one down and remodel it, that's fine. The thing is that when I open my window, instead of looking at the home that is presently there, I'm going to see a wall. That's what -- I don't -- we've had -- that building has been there for years. There used to be a school there, and people parked in the parking spaces that they have for that building. This is not going to change. This was an afterthought. After they purchased the building, they realized, you know, we don't have enough parking. So, let me go ahead and buy this -- this lady wasn't planning on selling. They approached her. And, of course, if someone offers you three hundred thousand dollars ($300, 000) for a property that's not worth it, you're going to jump at that chance. And that's what she did. And I don't -- you know, I have no qualms about that. Each person does with their property as they please. But I don't feel that adding parking to their building is going to solve their problem. There's over 32-- how many parking spaces are they going to get? Sixteen. There are 32 parking meters around a two -block area. When I go to -- Chairman Winton: Hold on. Hold on. But I don't want -- don't repeat anything we've already heard. Ms. Ordaz: Because I think that -- it's not -- the message is not getting through. Parking is already available. They have other places that they can look at that they chose not to. And if they have to sell the home or rent it, then that's an option. Chairman Winton: Commissioner Regalado, do you mind -- I'll tell you exactly how I've been thinking, and I thought about it the same way the first time y'all were here, and I voted in favor of the resolution in support of you all and Commissioner Regalado. And I don't remember ifI City ofMiami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 said this last time or not, butl certainly thought it. And then when I listened to your math just now -- and you've done a great job. You have done your homework. But you said there's, I think, 54 -- Ms. Ordaz: How many parking spaces do they have available now in that building? Chairman Winton: How many do you have currently? Ms. Slazyk: Fifty-three. Chairman Winton: So, they have 53 now. Oh, OK. So -- Ms. Ordaz: See, it was poor planning on their part. Ms. Dougherty: You know, one of the things we could offer, if she doesn't want to see a wall, what we could offer is a beautifully landscaped area without a wall. I mean, it could be a beautiful hedge instead of a wall, if that's what she'd prefer. Ms. Ordaz: No. Ms. Dougherty: You would not even realize it's anything, other than a lushly landscaped area right in front of your eyes. Ms. Ordaz: OK It's not the problem of the wall or lack of the wall. It's a neighborhood, and it's a home and we want it to stay that way. When you buy a home -- and I've lived there for 20 years. My home is paid for -- you don't want to look at a wall. Chairman Winton: But there are lots of single-family neighborhoods where the neighborhood -- the home is surrounded by a wall. Ms. Ordaz: I understand that. Chairman Winton: I mean, all over our City. Ms. Ordaz: I understand that. But knowingly, these people purchased the house in order to do this. They didn't do it -- they've been there for over two years, and now, since they've realized -- Chairman Winton: But let me tell you where I was going to go with this. Ms. Ordaz: OK. Chairman Winton: Because it's crystal clear, if they had enough parking on site, they wouldn't be shuttling back and forth from anywhere. And you know, as well as I do, that when you have these meters -- and we're going to deal with human nature here -- people are going to drive once by the meter. If they don't find anything, they're going to start parking in your yards, and in your Ms. Ordaz: They've been parking on the block for the 20 years that I've lived there. It's not going to make a difference. It's just going to be an eyesore for the neighborhood. And I don't think it's fair that their poor planning that the homeowners should pay for that -- Vice Chairman Teele: Well -- Ms. Ordaz: -- when they have other options. City ofMiami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes. Commissioner Teele. Commissioner Regalado: Go ahead. Vice Chairman Teele: I'll yield to you, Commissioner. Commissioner Regalado: No. I'm just saying, the problem is the City Commission approved, several weeks ago, a motion -- a resolution so Off -Street Parking could implement residential parking in some areas. There is a block on 22nd Terrace and 27th -- and 22ndAvenue, very close to my home. I live on 20th Street -- and this block is inundated by people parking because of the Coral Way overflow. It wasn't a problem several years ago, but now it's a nightmare. People that goes to the HUD (Department of Housing and Urban Development) building or employees of the bank are told to park on the adjacent street, and these people are demanding residential parking. What would happen when they fill that building with doctors is that the area will be flooded with people trying to park. People will not go to park on the former Paceos that you mentioned, because -- Ms. Ordaz: No, not the Paceos. There's a building right there -- Commissioner Regalado: On 32nd. Ms. Ordaz: The Terre Bank building. Commissioner Regalado: Yeah. I know that. Ms. Ordaz: And it's an eight dollar ($8) a day parking that they can work some kind of a deal with those people -- Commissioner Regalado: Right. Ms. Ordaz: -- in order to acquire parking. Commissioner Regalado: But what I'm saying to you is, I have experienced in the last seven years this same problem. We had that on LeJune Road and 43rd Avenue, 2nd Sfreet, 3rd Sfreet, and it worked. I am telling you that it worked. The wall is going to be there forever. I mean, if we deny this again -- Ms. Ordaz: But the home will still be there. That's my point. Commissioner Regalado: But let me just say -- Chairman Winton: By the way, we had already closed the public hearing, andl let you come up . So, I don't want to continue the debate. I want to -- OK. Thank you. Commissioner Regalado: What I'm asking you is give this a fry. I mean, we can even implement -- if it still doesn't work, we can even implement the residential parking on 21 st Terrace. So, let's see if this works. It really -- I'm telling you, it had worked in LeJune, because it was a nightmare; people not trying to -- trying to get out of their driveways and not being able to. I'm telling you, let's fry this. Ms. Ordaz: So, it worked in that neighborhood. What they did was, they tore down houses and put up parking spaces, is that what they did? City ofMiami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: And landscaping of 20 feet, which totally obscured the building from the houses. Chairman Winton: On 27th Avenue in the Grove, where, you know, again, we protect houses like there's no tomorrow, but on 27th Avenue and the Grove, a long time ago somebody allowed a damned office building to be built that shouldn't have been built, but now then we have to live with it. And they have the same parking problem, and the owner of the building -- and the building's been there, I don't know, 15 years or 12 years or something -- and we struck the same kind of deal that the neighbors bought into, and that was they took three single-family homes, bulldozed them; they're not allowed to ever change the zoning. They remain -- we put an overlay district on it, so they remain R-1. And the spill -over traffic was -- the neighbors were so fed up with the spill -over traffic -- that happened -- I think they finished that about nine months ago, and the neighborhood's thrilled. And they took single-family homes, did the same thing as they did here, and it solved a terrible, terrible parking problem. And it does work. Ms. Ordaz: Like I said, I have other neighbors here who haven't complained about the parking. We have no problem with the parking. We just didn't want -- if you buy a home in your area, think about it, do you want the house in front of you or next to you to be torn down and turned into a parking space? It just, to me, doesn't make any kind of sense. When you -- Unidentified Speaker: (Inaudible) the house. Ms. Ordaz: When you buy -- Chairman Winton: Excuse me. You're not -- we don't have a shouting match going on in here. Ms. Ordaz: When you buy something, you're there for -- you know, like I said, we're a neighborhood. We know each other. We go to weddings. We go to funerals. We're a tight neighborhood, and we don't feel that this is in the best interest of our neighborhood. This is something that is in the best interest of the commercial business. Chairman Winton: OK Thank you. Ms. Ordaz: Thank you. Chairman Winton: Thank you. OK Yes, sir. Commissioner Teele. Vice Chairman Teele: Mr. Chairman, Madam Clerk, what is the lady's name? Who? Sylvia Scheider (Assistant City Clerk): Miriam Ordaz. Vice Chairman Teele: Mr. Chairman, I want to compliment Ms. Ordaz in the way in which she's approached this extremely thoughtful, scholarly. I wonder if you're going to be available to be a consultant to the City to do some -- but we appreciate -- all of us appreciate people who really put the -- a little bit of time into finding out the facts and sharing those facts with us, as opposed to just speaking emotionally. Let me tell you, I want to support you for one reason. I'm troubled by the fact that the applicant would get a denial -- Chairman Winton: And come right back. Vice Chairman Teele: -- and with a little bit of-- and be right back within the same -- you know, the body's not even dead yet or cold yet, so to speak. It's just like flirting with the guy's wife, you know, and he's barely gone. This is -- this isn't the way I want to see our City function, and it really sends the wrong message, that somebody can come down, make a zoning change, be denied, hire one of the -- what, three times? City ofMiami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Unidentified Speaker: Twice. Vice Chairman Teele: Twice? All right. Let's don't -- be denied twice, then come down with one of the smartest lawyers in town -- with probably the smartest lawyer in town, former City Attorney, and it makes it look like we're just sort of moving with the money, and I don't like that image. On the other hand, I have never voted against a zoning overlay of SD-12, and let me tell you why. Contrary to what you all said and what you said, ma'am, the zoning, the underlying zoning is not changing, at all. This is now an R-2? When it finishes, it's still going to be an R-2, OK? So, you kept saying, you're changing the zoning and -- I mean, that sounds good, but the fact is, we're not changing the zoning. Now, what we're doing is, in a very, very unique set of circumstances, all over the City ofMiami, when you have residential land abutting a commercial area, that lot, that lot and that lot only, can be made what is called an SD-12 Overlay to have a permitted use as a buffer. In other words, so that you won't have another commercial creeping up on the residential. That buffer is there to prevent this -- in this case, this hospital group from building -- from buying it, coming in, getting a different kind of zoning and then building another building. And really and truly, the proffer of the covenant, which we should accept, is really not that necessary. It's more -- for the purpose of where we are right now, it's more eyewash to you and to the public, because truly, it's still R-2. It's still an R-2, when all is said and done. Now, this is the problem that the City ofMiami has, and this is why what Commissioner Winton is saying and why Commissioner Regalado's reasoning makes so much sense. All over this City, we have the problem that 90 percent of the urban cities in this country wish we had -- wish they had, and that is, we have tremendous growth in residential and commercial businesses. As a result, all over this City, we have a shortage of parking. Everywhere. There's not -- you can't listen to this Commission meeting for one hour straight, in the morning or in the evening, that a parking problem isn't showing up, and we've got to try to solve those problems. Now, it seems to me that the SD-12 Overlay, which I've supported across the board, is the right manner to do it. But I think what has happened is, is that the hospital -- the applicant has really not been a good neighbor. Did they invite you all over for Thanksgiving dinner for the neighborhood this weekend? This Thursday? I mean, did they have a Christmas party there for the neighbors -- I mean, I'm serious -- last year? So, I mean, you know, if you're going to be in an area and you know you've got these problems, the solution is not just going out hiring a bunch of lawyers and people to come down. The solution is really to commit -- you know, and no disrespect to you, Madam Attorney. But the -- is to commit to being a good neighbor. I, one hundred percent, support the idea that an SD-12 Overlay, with a landscaping and design plan, that is approved as a condition of the application, could wind up solving all ofyour problems. But I don't think you're listening to them, because -- I mean, at this point, you all have just sort of turned the page, and you don't want to hear anything. Listen to Commissioner Regalado and Commissioner Winton. Come up and spend -- this is first reading, right? Ms. Ordaz: No. This is the second reading. Mr. Maxwell: First reading. Chairman Winton: No. This is first reading. Commissioner Regalado: First reading. Vice Chairman Teele: This is first reading. Chairman Winton: This is first reading. Vice Chairman Teele: But spend some time -- doctor, you came up and put yourself on the record. With all due respect to your counsel, may I inquire of you, please? Would you commit to spend some time with an architect and with a team -- with the neighbors, and the City ofMiami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 neighborhood, and try to design a landscaping and a design -- landscaping and design standard that would meet their approval before coming up for second reading? Dr. Mas: Absolutely, sir. And we did hire an architect to do this drawing, and we did have other meetings, and we sent out the papers for them, and we had a reception and we had -- Vice Chairman Teele: Did you have a Thanksgiving dinner notice with it? Dr. Mas: No, sir. Commissioner Regalado: How many -- doctor, how many neighbors attended the meeting? Dr. Mas: Two neighbors. Commissioner Regalado: Two neighbors. Dr. Mas: Yes. Vice Chairman Teele: Ma'am, would you be willing to organize the neighbors, and to come down and meet with them, and just at least look at it and see if it makes sense? Dr. Mas: Just for the record, also, the neighbors that are immediately in front of the wall and next to the wall -- Vice Chairman Teele: Don't do that. Don't do that. Dr. Mas: No, no. Commissioner Regalado: No, no, no. Vice Chairman Teele: Forget those. Forget those. Just talk about the whole neighborhood. Dr. Mas: OK. No, no. Commissioner Regalado: The whole neighborhood. Dr. Mas: I am willing to do whatever it takes to make that neighborhood happy, and I want to be part of the neighborhood. And just for the record, it almost sounds like we're these big money, bully, you know, bad neighbor doctors, but we're actually very hard, humble physicians just frying to take care of patients, and we are very willing to get together with the Commission, with the neighbors and to make them happy. And we've always been in -- Chairman Winton: This -- we -- I think we've beat this horse to death. Ms. Ordaz: Well, what is the next process? What is the -- Chairman Winton: Here's the next -- we're going to vote on this. This is first reading, and it has to come back -- Ms. Ordaz: OK This is what I don't understand -- Chairman Winton: Excuse me. I'm going to -- I'm -- Ms. Ordaz: -- because we met on July 21 st, and that was the first reading of the ordinance. What is this then? City ofMiami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: This is the first -- Mr. Maxwell: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: What happened, ma'am -- Chairman Winton: Excuse me. Hold on. Just hold on. I want to point this out. Ms. Ordaz: OK. Chairman Winton: Now, Commissioner Teele said it. You guys -- and I'm watching you. You're not listening all the time when we're talking. You've got something in your head here and you're not hearing what we're saying, and I'm a fan. I think you've done one heck of a job, but you have to be willing to hear what somebody else is saying. And I heard him tell you, and I said it three times, this is a first reading on this ordinance. I'll let him explain what the difference is from what happened before, what happened today. And Commissioner Teele already hit it. It's one of the things that bothers me also, because I had this kind of thing happen in my district, where the same thing happened, where they, you know, some way or another got some end ground going here and showed backup in front of us, and I was so mad I wanted to -- wanted ( unintelligible). So, I'm not happy about how this got back here so quickly either, but that aside right now, he'll explain what the process is or was that got it back here again. Mr. Maxwell: Yes, sir. The ordinance came before this City Commission on first reading -- on first reading -- Ordaz: Was July 24th. Mr. Maxwell: -- was July 24th, 2003. On -- it was denied by the City Commission at that time. It then came back before the City Commission on a motion to reconsider on September the 11 th. Ms. Ordaz: Right. That was the private hearing that they had. Mr. Maxwell: The City Commission agreed on September 11 to reconsider that. Therefore, it is back before them today on first reading. It never passed first reading before. Ms. Ordaz: All right. I understand that. Chairman Winton: OK. So, here's -- there's going to be a vote in a moment, and I'm going to -- Vice Chairman Teele: Before we vote -- Chairman Winton: Yes. Vice Chairman Teele: -- mayl inquire, Mr. Chairman. Chairman Winton: Yes. Vice Chairman Teele: Would you be willing, really, to sit down with some of the neighbors, to sit down with them -- Chairman Winton: That you organize. City ofMiami Page 188 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Vice Chairman Teele: -- on what some landscaping plans could look like? Ms. Ordaz: The problem is, I don't have a problem with that, but they have approached this in a way where, when they first -- when they were in the process of buying the home, they just had like -- called like two neighbors, three neighbors, like on a Saturday morning. They spoke in the lady's home, because the selling of her home was contingent to them changing the zoning, getting the SD-12 buffer. They put it on hold. They put it on hold. They finally closed on the property. She had lost three homes in this process because they never would close, because they didn't get what they wanted. And -- Commissioner Regalado: OK Mr. Chairman, just so you know, before it comes for a second reading, if they have not met with you and the rest of the residents -- Vice Chairman Teele: But she's got to be willing to meet. Chairman Winton: But she's got to be willing -- Commissioner Regalado: But you've got to be willing -- Ms. Ordaz: Right. We'll willing to meet, but -- Commissioner Regalado: And, you know, it has to be at a time where it's convenient for them, you know -- Vice Chairman Teele: And for (INAUDIBLE). Commissioner Regalado: -- and for you -- Ms. Ordaz: Right. Commissioner Regalado: -- and for the rest of the neighbor. They have the -- they will have the architect. You will discuss that. I mean, this is happening -- I cannot be there. I -- Vice Chairman Teele: By law. Commissioner Regalado: By law. I wish I could be there, because I would like to be there because Coral Way, for me, it's something that is very dear, and I've been trying to get a lot of things there. But by law, I cannot participate in this meeting, because I will be in violation of the State statute. So, I'm just asking, you know, would you be willing to meet with them? I mean, and maybe on the restaurant Havana Bieja, maybe in your office, a conference room or whatever, or one home, so they can show you, and they can -- you can talk to the architect and all that, and then you come back for the second reading. Ms. Ordaz: OK Basically, then, the meeting would be just to look at what they already had shown us. They had -- Commissioner Regalado: No, no, no, no, no. Ms. Ordaz: -- (Inaudible) the pictures. Commissioner Regalado: No, no, no. You would have input -- I mean -- Chairman Winton: They would bring their architect. Commissioner Regalado: They can change it. They can change it, if the neighbors, you know, City ofMiami Page 189 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 say, well, you know -- like Commissioner Teele or, I think, Johnny said, well, if you don't want this wall, maybe we can have some trees, or maybe we can --I don't know, you know, butt wish I could be there because I had some ideas, but can't. But, you know, if you are willing -- not just to see what they have to show you, but to have some input and maybe, you know -- Ordaz: I have no problem with that. The problem is that -- what -- the message that we, as the neighborhood were frying to get across is that -- Chairman Winton: We understand that. We've got that. Ms. Ordaz: You know? It just -- so, it's basically -- we're just going to design the wall. It's going to go up anyway, whether we are in agreement with it or not. And what can't understand is that at the first reading, you deny this petition, then a month or two later, you change your mind and you say, now it's good for the neighborhood. Chairman Winton: Excuse me. I'm being very generous here. The public hearing closed a long time ago. I've invited you back up. Ms. Ordaz: Right. Chairman Winton: But you can't -- we understand your point very clearly. Ms. Ordaz: OK. Chairman Winton: Very, very clearly. And so what we're trying to do is get you in a position where you have maximum influence over them in a subsequent meeting, before it comes back for second reading. This ordinance can't be adopted until it comes back in another 30 days. Ms. Ordaz: So, we'll be meeting again for second reading? Chairman Winton: So, we're trying to give you -- you'll be back here again for the second reading. You can make the same points over and over again -- well, not over -- I hope not over and over again. You can make the same points over again at the second reading, but hopefully, you will have had a successful meeting with them where you will have significant influence over something. What think your Commissioner is saying is that he likes the idea of parking here. I like the idea of parking there, because I think it's, long-term, going to be in the best interest of the neighborhood. But we are listening to you. But we want you to go back to the drawing board with their architect and give them your ideas in terms of how you can make that thing that you're going to have to look at be very pleasant, aesthetically, to your neighborhood and to you, without a house. Ms. Ordaz: But that's the thing. Dr. Alas: And Chairman Winton, we are totally -- we are totally willing to -- Chairman Winton: But I'm telling you -- you could -- no, no. Excuse me. Excuse me. You're going to have one of two choices. This body's going to vote on something. Ms. Ordaz: Right. Chairman Winton: If it votes for parking and y'all haven't taken maximum advantage, you're going to end up with no house and a lousy site. The Commission may vote ultimately not to allow the house to be torn down. We've got that point clearly. Ms. Ordaz: OK. City ofMiami Page 190 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: What we're trying to do is get you in a position where, if the Commission votes to tear the house down, that you've got maximum protection in your neighborhood. That's the position we're trying to put you in right now. Ms. Ordaz: OK Thank you. Chairman Winton: OK Thank you. OK Do we have a motion? Commissioner Regalado: And a second. Chairman Winton: And a second. Is this an ordinance? Mr. Maxwell: Yes. Ms. Slazyk: Yes. Chairman Winton: OK 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. A roll call was taken, the result of which is stated above. Chairman Winton: Can I interrupt you. For the doctors that are leaving, I want you all to understand that I did vote yes, but if this doesn't -- if y'all don't make every attempt to really satisfy these neighborhoods -- these neighbors, I'm going to vote no next time, just so you know that. No. We closed it. I'm just making it a point that -- that point as you're walking out the door. OK. Joel Maxwell (Deputy City Attorney): Commissioner, just -- Chairman Winton: OK. You can put it on the record. Mr. Maxwell: Yes, sir. But your decision at that time, of course, will be based totally on -- Chairman Winton: Of course, totally on all the information brought to me -- Mr. Maxwell: -- the record before you. Chairman Winton: -- at that particular point in time. Unidentified Speaker: Yeah, sure. Chairman Winton: Absolutely, it will. Yes, ma'am. I'm sorry. PZ.27 03-0242 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 9, SECTION 946 ENTITLED "PUBLIC STORAGE FACILITIES" TO MODIFY PROVISIONS IN ORDER TO ADD DISTANCE LIMITATIONS FOR SUCH City ofMiami Page 191 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 FACILITIES WHEN LOCATED WITHIN C-1 OR MORE LIBERAL ZONING DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0242-Backup.pdf 03-0242-Legislation.pdf 03-0242-Memo-Corrected Scriveners Error.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 of the reconsideration on October 22, 2003 by a vote of 6-0. PURPOSE: This will amend the text of Zoning Ordinance No. 11000, as amended, and add distance limitations between Public Storage Facilities in the C-1 Restricted Commercial or more liberal zoning districts. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele Chairman Winton: PZ-27. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-27 is the distance limitations between public storage facilities. The City Commission had passed it on first reading July 24, 2003; remanded it back to the Planning Advisory Board to add other commercial districts, and - - This is the distance limitations between public storage facilities, to put them in place for C-1, C-2 and Industrial. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on PZ- 27? Anyone from the public on PZ-27? If not, we will close the public hearing. Commissioner Regalado: Move it. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Would you -- Mr. Maxwell: It's an ordinance. 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. City ofMiami Page 192 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 A roll call was taken, the result of which is stated above. PZ.28 03-0193 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 ARTICLES 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 22 AND 25, IN ORDER TO ADD, DELETE AND CLARIFY LANGUAGE PERTAINING TO SPECIAL PERMITS, USES AND CHARACTERISTICS OF USE AND CRITERIA FOR REVIEW OF ZONING APPLICATIONS, DEFINITIONS AND USE LIMITATIONS, AND TO MODIFY OTHER LANGUAGE THROUGHOUT THE ZONING ORDINANCE FOR CONSISTENCY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0193-Backup.pdf 03-0193-Legislation 1.pdf 03-0193-Legislation2.pdf 03-0193-Legislation3.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 October 1, 2003 by a vote of 7-0. PURPOSE: This will clarify language pertaining to special permits, uses and characteristics of use and criteria for review of zoning applications, definitions and use limitations, and to modify other language throughout the zoning ordinance for consistency. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele Chairman Winton: Did you say something, Mr. -- Joel Maxwell (Deputy City Attorney): Well, one other thing -- Unidentified Speaker: It's Item Number 28, I believe. Mr. Maxwell: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: PZ.28 was an item that initially contained discussion of the ALF, adult living facilities. City ofMiami Page 193 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commissioner Regalado: Right. I was going to -- I was going to say that, because I see people and they need to be -- Mr. Maxwell: Yes. Commissioner Regalado: -- told that we're not doing anything on the ALF today. Mr. Maxwell: Feel free, sir. Commissioner Regalado: Huh? Mr. Maxwell: You want to make -- I think they are here if you want to make that announcement now, so if they won't hang around, until that period of time. Commissioner Regalado: It's better you than me. Mr. Maxwell: That's -- Mr. Chairman, that's Item 28. That ordinance has been bifurcated. The items that dealt with the living facilities has been removed from it, to be sent back to the Planning Advisory Board for a couple of adjustments and will come back to the City Commission on -- Lourdes Slazyk (Assistant Director, Planning & Zoning): I think we're planning a Planning Advisory Board January, so it would be here February. Mr. Maxwell: February, sir. Jose Piloto: It won't be discussed today? Mr. Maxwell: It won't be discussed at all today. Commissioner Gonzalez: So it will be continued to February? Chairman Winton: Well not -- Mr. Maxwell: It's not continued. It was sent back to the PAB (Planning Advisory Board), and then it will come back up in the normal process. Chairman Winton: The part on ALF's only. Mr. Maxwell: ALF's only. Ms. Slazyk: Right. Commissioner Regalado: It only deals with the ALF, and it has several issues that deal with Tallahassee and all that. Mr. Maxwell: Yes, sir. Commissioner Regalado: And the City Attorney is working on that. So, I mean, everything -- Mr. Maxwell: Everything is in place, and it will come back at that time. Chairman Winton: Those of you out there, could you kind of raise your hand? Are you here -- anybody out there here for the ALF discussion? OK. I don't know if you understood that or not, City ofMiami Page 194 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 that dialogue, but the discussion on the ALF's has been taken out of this PZ item that's in front of us. The discussion on the ALF's will come before a City Commission meeting in February. So that discussion is not going to go on today. It goes on in February, and it is not a part of the item that's in front of us. Mr. Maxwell: And it will be discussed as well -- Chairman Winton: And you all are welcome to stay for the whole thing. I mean, we'll be here. You're welcome to stay and watch government in action, butt wanted you to know, so you could also go home and have fun if you felt like doing that. So. Commissioner Regalado: Mr. Chairman, since this is the pilot program in District 4, anybody who wishes to have information regarding the time lines and how is it going through the boards and all that can contact my office, and we'll provide the information for them. So, I mean, you know, nothing is going to be discussed today at all. Mr. Piloto: Mr. Chairman, good evening. Jose Piloto. My address is 223 Southwest 31st Road. I am the president ofAssisted Living Miami Association, which was -- began after this task force. We are aware that this item is not going to be heard, and it was revoked, the 934 Chapter from this. This meeting was already addressed to my colleagues and the members of the board, the members of the association, and we are here to extend our appreciation for the City and the way they have worked together with us ever since that task force. And I only found out that this item was revoked on Friday, when the agenda came out. It was very hard to keep from -- all my colleagues from that association to gather here today as a -- and I'm explaining to everybody that I'm here, and I have a speech that I will definitely like for to put it in record for the way that the City is working with us. Chairman Winton: How long is that? Mr. Piloto: That is going to be two minutes. Chairman Winton: OK. Mr. Piloto: OK. And first, I would like to present my wife, Margarita Piloto, and I also would like to let you know that my kids are very involved in this. This is a family operation, and it's a family operation throughout the whole City. And the main thing is that we are a residential type of ambience in our facilities, and we will express more details right now. Chairman Winton: Two minutes though, right? Margarita Piloto: My name is Margarita Piloto, and I reside at 223 Southwest 31 st Road, Miami, Florida. Good afternoon, Mr. Chairman, Commissioners, City Manager, City Attorney and all those in attendance here today. I am vice president ofALMA, Assisted Living Association, and owner of several community residential homes, also known as assisted living facilities of 14 residents or less in the City ofMiami. I was born and raised in Miami, where I obtained a bachelor's degree from Florida International University, and this prepared me for the exciting business opportunities and projects that I have since been involved with my husband and business partner, Jose. For the benefit of the public, I would like to outline some important dates, which have brought us here today. On July 26, 2003, we became aware of the Commission's resolution to create a pilot program relative to the operation of assisted living facilities in the City ofMiami. On September 11, 2003, the results of the pilot program were presented to the Commission and the public by the City's Zoning Administrator. On October 1, 2003, the Planning Advisory Board recommended approval for an amendment to City Ordinance 11000, which contains Section 934, relative to the operation of assisted living facilities. This section is no longer part of the ordinance's first reading, which is before you here today. These City ofMiami Page 195 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 three dates became very important for assisted living facility owners, administrators and other interested parties, for they marked the beginning of many important challenges and discussions between Commissioners, City Attorneys and ourselves. The response on behalf of the City has provided very positive results so far, in that you have been sensitive and receptive to the concerns and suggestions we voiced. We consider these meetings true accomplishments. And during this week of Thanksgiving, we would like to thank the Mayor, his assistant, you, the Commissioners and the City for opening your doors, welcoming us and listening to the concerns and suggestions we presented. And a very special thanks to Commissioner Regalado and City Attorney Alejandro Vilarello, and his assistant Iris Escarga for the courtesies you extended. Together, we have set an example of our honorable Mayor's motto -- one City, one future. To elaborate on what I have just described, I would like to give the floor, ifI may, to the president and the heart of our association, ALMA, my husband, Jose Luciano Piloto. Thank you. Chairman Winton: Jose, do you have two more minutes? Because that was more than two minutes. Mr. Piloto: What I have is an association waiving the two minutes for my hour and a half. But my second part of the reading, I feel very proud to represent myself and this group of owners, administrators which have shown a great response relatively to the ongoing issues of our industry. ALMA's support has been remarkable, as you can see from their presence here today. The support can only be acquired from individuals who are educated, informed and caring. As owners of these facilities, we are very proud, and we do -- and of the service we provide the individuals we care for. My wife and I have served as a liaison between the City and our members, so that the assisted living facility industry remains clear, and focused on their intent, purpose of the assisted living facilities issues. We are looking forward to continue being a valuable resource of information of the City as we proceed to work as a team on a revised Chapter 934, that fully and accurately addresses the differences between residential types of facilities, which most of us are, as per Florida Statute 419, versus institutional type facilities of 15 or more. I would also like to share with you that before we knew whether the proposed Section 934 could be revoked, like today, approval recommendations by the Planning Advisory Board in October 1st, more than 2,000 signatures were obtained, and they're here with us today on a petition for the City to cease and desist from passing the proposed legislation. As we continue working on proposed Section 934 of the Zoning law, there still exists Ordinance 12009, passed in 2001, which none of us found out. We highly encourage the discussion and clarification of this proposal during today's Commission meeting, or maybe in February at this point. We thank you, Commissioners, Commissioner Regalado, City Attorney Alejandro Vilarello and the rest of the Commissioners, and the City Manager, to continued support and interest you have shown with our concerns, and for giving us the opportunity to speak today. Chairman Winton: Thank you. Mr. Piloto: During this Thanksgiving week, we thank you and wish you and your loved ones a wonderful Thanksgiving day. Chairman Winton: Thank you. Same to you. Like I said, you all are welcome to stay and watch government in action for another four or five hours. So we'll be here. Mr. Piloto: We just did what we came here to do, sir. And -- Chairman Winton: So you're going to leave us. Mr. Piloto: -- happy Thanksgiving. We are. Chairman Winton: You're going to leave us? City ofMiami Page 196 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Mr. Piloto: We are. We're going to take photographs outside the City Hall right now. Chairman Winton: OK. Happy Thanksgiving. Mr. Piloto: Thank you. Chairman Winton: PZ-28. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-28 is the amendment to the Zoning Ordinance to create a new structure and criteria for our special permits. If you recall, we -- this is on that we briefed you on. Since this is first reading, if you want, we could do a more complete presentation on second reading, because I know you're -- Chairman Winton: Yeah. Ms. Slazyk: -- you're pressed for time. I would like to just introduce into the record Maggie Cordovi, consultant that worked along with us on this. And if you want a second reading, we could go into a presentation. Chairman Winton: Well, we'll want -- yes. And I think that would be appropriate, and some of the changes that you're going to probably have to make. Ms. Slazyk: Yes. Chairman Winton: So, PZ-28's a public hearing. Anyone from the public would like to speak on PZ-28? Anyone from the public on PZ-28? If not, we'll close the public hearing. Yes, ma'am, you were going to say something else? Commissioner Gonzalez: Move PZ-28. Chairman Winton: Got a motion. Commissioner Regalado: Second. 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, please. A roll call was taken, the result of which is stated above. PZ.29 03-0245 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 10, ENTITLED " SIGN REGULATIONS," TO MODIFY AND CLARIFY PROVISIONS RELATED TO SIGNAGE REQUIREMENTS AND LIMITATIONS, TO ADD JUMBO-TRON SIGNS CONDITIONALLY, TO ADD NEW RESTRICTIONS, AND TO MODIFY PROVISIONS RELATED TO AWNING SIGNS; FURTHER AMENDING ARTICLE 25 ENTITLED "DEFINITIONS," TO ADD NEW DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 197 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 03-0245 SR Fact Sheet.PDF 03-0245 Analysis.PDF 03-0245 PAB Reso.pdf 03-0245 SR Legislation.PDF 03-0245 FR Fact Sheet.pdf 03-0245 FR Legislation DRAFT.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 with a condition* on October 22, 2003 by a vote of 6-0. *See supporting documentation. PURPOSE: This will modify and clarify provisions related to signage requirements and limitations, to add jumbo-tron signs conditionally, to add new restrictions, and to modify provisions related to awning signs. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele Chairman Winton: PZ-29 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-29 is an amendment to the Sign Ordinance related to adding jumbotron signs and other clean-ups to the awning sign provisions. The mural component of this was removed from the ordinance. We are working on rewriting it. So, that's not in here. Chairman Winton: What a mess that is. Ms. Slazyk: I know. That being said, Page 49 of the ordinance, I just want to read into the record. We removed all references to "mural, " but one got -- one slipped through. It's on Page 49. Remove the reference to the mural sign. Otherwise, we recommend approval, and it was recommended unanimous approval by the Planning Advisory Board. Chairman Winton: PZ-29's a public hearing. Anyone from the public would like to speak on PZ -29? Anyone from the public on PZ-29? If not, we'll close the public hearing. Commissioner Regalado: Move it. Chairman Winton: Motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion? Read the ordinance, please. Joel Maxwell (Deputy City Attorney): As amended. City ofMiami Page 198 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: As amended. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. PZ.30 03-0243 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 62-156(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING "RELIGIOUS INSTITUTIONS" AS A CLASS OF ENTITIES FOR WHICH FEES FOR ZONING CHANGES OR VARIANCES SHALL BE CAPPED; FURTHER, CLARIFYING THE DEPARTMENT WHICH IS TO MAKE SUCH DECISIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0243-Backup.pdf 03-0243-Legislation.pdf REQUEST: To Amend Chapter 62 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will add "Religious Institutions" as a class of entities for which fees for zoning changes or variances shall be capped. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Winton Absent: 2 - Commissioner Sanchez and Teele Chairman Winton: PZ-30. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-30 is an amendment of Chapter 2 of the City Code in order to allow for a cap on fees for zoning changes of variances for religious institutions. The cap is already there for other nonprofits. Religious institutions were not covered under that description. This would add them. Chairman Winton: PZ-30 is also a public hearing. Anyone from the public would like to speak on PZ-30? Anyone from the public on PZ-30? If not, we'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PZ-30. Commissioner Regalado: Second. Chairman Winton: Second. Motion, second. Discussion? Read the ordinance, please. City ofMiami Page 199 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. PZ.31 03-0247 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION AND ZONING AND PLANNING," TO ABOLISH THE EXISTING PLANNING ADVISORY BOARD AND ZONING BOARD, AND SUBSTITUTE IN LIEU THEREOF A NEW BOARD TO BE KNOWN AS THE CITY OF MIAMI PLANNING AND ZONING BOARD, SET FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES, AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE AND VACANCIES; MEMBERSHIP ELIGIBILITY REQUIREMENTS; OFFICERS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; COUNSEL; AND PROVIDING FOR SUNSET REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892, AND SECTIONS 62-1 THROUGH 62-35 AND 62-156 THROUGH 62-159 AND CREATING NEW SECTIONS 62-61 THROUGH 62-129 TO SAID CODE. 03-0247 FR Fact Sheet.PDF 03-0247 FR Legislation DRAFT.PDF 03-0247-backup.pdf 03-0247-legislation.pdf REQUEST: To Amend Chapters 2 and 62 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will abolish the existing Planning Advisory Board and Zoning Board, and substitute in lieu thereof a new board to be known as the City of Miami Planning and Zoning Board. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, that item PZ.31 be CONTINUED to the Commission Meeting currently scheduled for January 22, 2003. Commissioner Gonzalez: Mr. Chairman, ifyou allow me, I would also like to defer an item. Chairman Winton: Sure. Commissioner Gonzalez: And let me tell you, the reason I'm deferring this is because instead of practicing Government 101, 102 and 103, we're practicing government by surprise. PZ-31 City ofMiami Page 200 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 addresses the -- Chairman Winton: Which one, PZ-31 ? Commissioner Gonzalez: Thirty-one, the unification of Planning and Zoning into one board. Nobody has talked to me about this. Planning -- the people that serve Planning, whom are volunteers, they didn't had no idea about this item. Last night there was a Zoning meeting. It caught every member of the Zoning Board by surprise. They were in shock. Someone called me and told me that they were really disappointed because nobody talked to them about it. So, you know, I want to defer PZ-31, and I want to hear this item, if possible, in January, so we can have a peaceable month of December. Chairman Winton: OK So we have a motion -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: The attorney should advise you, but technically, you cannot -- On a PZ item, which is noticed for 3:00, even to defer it, I would assume you have to wait until three; is that right or am I wrong, Mr. Attorney? Alejandro Vilarello (City Attorney): We should make an announcement again at 3:00, but certainly the Commission can decide to move it. Vice Chairman Teele: I mean -- because, -- I just want to put on the record, no one discussed it with me. There's no way I'm going to vote for it. I went through this in the County, you know, and I was persuaded by the weight of the authority that there should be a separation. I realize that our Charter -- Chairman Winton: Right. Vice Chairman Teele: -- our charter has recognized Planning and Zoning as one function, and I do think that there should be some reflection in our Charter -- in our ordinance to reflect that one of those is the Charter board and the other is by ordinance, but other than that, I'm just -- I'll be -- I'm certainly open if one of the Commissioners or the Manager wants to do it, but I'm just stating on the record, I am predisposed not to support that, unless there's just some overwhelming reason -- Commissioner Gonzalez: Well, then, it's two of us. And one serious issue that I have -- Commissioner Regalado: No, no, not two. Commissioner Gonzalez: OK So, there's three now. One serious issue that I have about this is that I'm very, very much concerned with -- Mr. Vilarello: Mr. Chairman -- Chairman Winton: Wait, wait, wait. Mr. Vilarello: -- on the merit, the debate should take place after 3:00. On the item -- on the motion to defer, I think it's appropriate. Commissioner Gonzalez: Am I allowed to make a comment? City ofMiami Page 201 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Mr. Vilarello: I think the motion to defer is appropriate. Chairman Winton: Well, technically, he's saying not on the merit. Mr. Vilarello: I think the motion to defer is appropriate. Commissioner Gonzalez: OK Motion to defer. Chairman Winton: Yeah, yeah. Commissioner Regalado: I'll second to defer to the second meeting in January. Mr. Vilarello: That would be January 22nd, correct? Commissioner Regalado: January 22nd. Chairman Winton: And that's PZ-31 ? Commissioner Gonzalez: Yes, sir, PZ-31. Chairman Winton: We're voting only on PZ-31 right now, is that right? Is that your motion? Commissioner Regalado: Yes. Vice Chairman Teele: The only thing that I'm uncomfortable with is there are people who planned to come for PZ-31. I would be much more comfortable deferring it when the item comes up so that if somebody is here to speak against it from the public or in favor of it from the public, at least we could hear some of their comments on the record before we acted. But I have no objection at all to deferring it or killing it. Chairman Winton: Well, we have a motion and a second on deferral. Maybe we should call the roll. A roll call was taken, the result of which is stated above. Chairman Winton: I think -- Commissioner Gonzalez: We're done, right? Chairman Winton: -- that's the regular agenda, is it not? Commissioner Gonzalez: Pretty much. Now we had -- Commissioner Regalado: Mr. Chairman -- Commissioner Gonzalez: -- had a time certain on the unification of the two boards, huh? 3 o'clock? Vice Chairman Teele: Of what? Commissioner Regalado: No. That's -- the time certain is to make the announcement that we deferred. Commissioner Gonzalez: Sorry. City ofMiami Page 202 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: They deferred PZ.31. Commissioner Gonzalez: That's right. Commissioner Regalado: Yeah, we deferred that. Vice Chairman Teele: Yeah, but -- Commissioner Regalado: But you need to tell them. Chairman Winton: Oh, OK. That's -- Vice Chairman Teele: I think Commissioner Gonzalez is right. Chairman Winton: That was your point. Thank you. So PZ.31, the issue on the new Planning and Zoning Board to replace PAB (Planning Advisory Board) and the Zoning Board, that has been deferred. Did they set a -- what was the time -- date? Commissioner Regalado: Last meeting in January. Chairman Winton: Last meeting in January? Alejandro Vilarello (City Attorney): January 22nd, I believe. Chairman Winton: OK, thank you. So anyone here for that item, that item has been moved to the second meeting in January. OK. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: Are we going to -- Vice Chairman Teele: PZ.31? Chairman Winton: That was PZ.31. Mr. Vilarello: PZ.31. It was moved. NA.1 03-0290 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE ADOPTION OF HOUSE BILL 2538 AND ITS TO BE DESIGNATED COMPANION SENATE LEGISLATION , WHICH SUPPORT THE NAMING OF THE NEW FEDERAL COURTHOUSE, TO BE LOCATED AT 400 NORTH MIAMI AVENUE, MIAMI-DADE COUNTY, FLORIDA, AS THE "WILKIE D. FERGUSON, JR. UNITED STATES COURTHOUSE," IN HONOR OF JUDGE FERGUSON'S LIFETIME ACHIEVEMENTS OF PUBLIC SERVICE; DIRECTING THE CITY CLERKS OFFICE TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 03-0290 - minutes - 1 .pdf City ofMiami Page 203 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 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-03-1209 Direction to the City Attorney: by Vice Chairman Teele to work with the Office of Communications to put together a media packet of the statements made by Mr. H.T. Smith on the late Federal Judge Wilkie D. Ferguson Jr. during today's meeting. Chairman Winton: Commissioner Teele, would you like to go to the -- Vice Chairman Teele: I very much would. Mr. Smith and Ms. -- Chairman Winton: Williams. Thomasina Williams. Unidentified Speaker: Williams. Vice Chairman Teele: -- Thomasina Williams have been here very patient. H. T. Smith: Thank you very much. Good morning, Commissioners. For the record, my name is H. T. Smith, and my business address is 1017 Northwest 9th Court, Miami, Florida. Commissioner Gonzalez: Allapattah. Mr. Smith: Thomasina Williams, the distinguished lawyer, distinguished business lawyer, and civil rights lawyer is here with me today. On June 9th of this year, this community lost a human treasure when Wilkie Demerit Ferguson, Jr. succumbed to his battle with leukemia. Fourteen days after his death, Congressman Kendrick Meek introduced House Resolution 2538 to name the federal courthouse, presently under construction in downtown Miami, the Wilkie D. Ferguson, Jr. United States Courthouse. Since that time -- as a matter of fact, as of last Thursday, Senator Bob Graham introduced a companion resolution in the Senate, and we will ask for permission to amend the resolution to add your support, not only for the House resolution, but also the Senate resolution. Since this matter is being televised, we'd like to spend just a moment to share with your constituents what you all know. Judge Wilkie Ferguson was a great American, first of all, having served his country honorably in the United States military. Judge Wilkie Ferguson was a pioneering jurist. He was the first African American to serve anywhere in the State ofFlorida on the frial court for workers' compensation. He was the first African American in Miami -Dade County to serve as a circuit court judge, which is a court of general jurisdiction. He was the first African American to serve on the Third District Court of Appeals, which is the appellate court handling all appeals from Miami -Dade County and Monroe County. He was the first and only African American to serve as Chairman of United Way of Greater Miami. He served over 10 years as the chair of historically black Florida Memorial College. And president Albert Smith said recently that the foundation that he laid is the primary basis for the progress we see in terms of institutional building, in terms of enrollment increases, and in terms of programmatic thrust at the university. But Judge Wilkie Ferguson wasn't just first, and he wasn't just present. He made a difference. It was Judge Wilkie Ferguson, in 1980, who made a landmark ruling that in a civil case, you could not exclude people from service on juries because of their race. As a result of his ruling, that decision was followed all over the state ofFlorida in civil cases, and all over the state ofFlorida in criminal cases, and now the former practice of excluding people because of their native tongue, because of their origin, because of their gender or race is now constitutionally forbidden because of the landmark decision and visionary interpretation of the law by Judge Ferguson. Anyone in disability community will tell you how many they loved Judge Ferguson, because it was his City ofMiami Page 204 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 decision, as a federal judge, where he ruled that it was unconstitutional for the state of Florida to not properly fund the budget for critical care to people with cerebral palsy and other debilitating physical disabilities. Three legislative sessions went by, and the Florida legislature did not comply with his order. Judge Wilkie Ferguson held the state in contempt of court, fined the State of Florida ten thousand dollars a day, and in the next legislative session, the Legislature found another three hundred million dollars to provide for critical care needs for the disabled in our community, and disabled people all over the State of Florida are receiving much better care as a result of his elevating the humanity of the law to make it serve the people. In this Thanksgiving period, I hope that those of you who are here today will feel, as stakeholders, in making history, because since Florida was a state, never has the contributions of an African - American been honored by naming a federal courthouse or a federal building in honor of an African American. So, today, passing this resolution, you will be a part of the team that will make this history, and you will say to your constituents, the people in the state of Florida, and the people around the country, that this heterogeneous, diverse, dynamic community respects and honors and gives great value to the contribution of all of our heroes, no matter their native tongue, no matter their color or their gender. And so, I ask you to wholeheartedly, enthusiastically, with the support of my lawyer, Thomasina Williams, to go on record supporting this resolution. As you know, the Dade County School Board has, the Dade County Bar Association has, and the Black Lawyers Association is now the Wilkie D. Ferguson, Jr. Bar Association and, of course, we've gone on record, as well. There's a groundswell of support for this. And the one last thing want to say is this. We know that Judge Wilkie Ferguson was a great patriot. He volunteered to serve. We know he was a great lawyer. I handled cases with him. We know he was a great judge. He was a great member of his church, as a matter offact. A leader in the choir. As a matter offact, when I was going to his church for his funeral, in passing, you know, he's right in the heart of the ghetto. It's saying a lot of about him, that he still went to church right where he grew up, a federal judge. He never forgot where he came from; but the most important thing about Judge Ferguson, when his name is on that courthouse building, and we take our family by it and our children by it, that he was a great human being, and I think that's the greatest thing we could say about anyone, he's a great human being. It didn't matter where you came from. It didn't matter what your position was. It didn't matter what your problem was before him. He treated everyone as equals, and he found a way to see the humanity in all of us. And that's why, if you go around this community, you would be hard pressed to find anyone, man or woman, young or old, lawyer or nonlawyer that has one cross word to say about Wilkie Demerit Ferguson, Jr. So, Thomasina Williams andl employ your support. We want to wish you and your families a happy Thanksgiving. Vice Chairman Teele: Mr. Chairman, with that eloquent -- and I would hope that the City Attorney will work with communications, and maybe a packet -- a media packet of that eloquent statement, and maybe that could be a stand alone statement in our media packet. But with that eloquent... I would like to move the resolution that is before us of the City Commission strongly urging and adopting of House Bill 2538 and companion Senate resolution to be designated of the United States Congress, which supports the naming of the new federal courthouse to be located at 400 North Miami Avenue, in Miami -Dade Florida, as the quote "Wilkie D. Ferguson, Jr. United States Courthouse" in honor ofJudge Ferguson's lifetime achievements in public service, and directing that the City Clerk's office to transmit a copy of this resolution to the officials designated herein. I would so move. Commissioner Gonzalez: Second. Vice Chairman Teele: Mr. Chairman, Mr. Smith, H. T. Smith said almost as an afterthought what considered to be the most important consideration, and that is his moral righteousness. The fact that he was a member of a church, not just a member but an officer, an officiating officer of the Anglican church, Church of Incarnation. I wouldn't want to characterize it as the ghetto, butt will say that it is in heart of the inner city where he grew up, and I think that speaks volumes ofJudge Ferguson and his wife, who is a County Commissioner, Betty Ferguson, that he City ofMiami Page 205 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 never lost sight of where he came from, and all those things that he's done, those firsts are great. But the fact of the matter is, he's a legitimate role model and he never lost sight. I think this country needs more real role models, not just people who are born of good connections, or people who acquire great wealth, but people who have the moral character through the test of time. H. T. said it so eloquently, that there is nary an unkind word that will ever be spoken about Judge Ferguson because of the way he conducted himself. So, I think -- I would also indicate that the -- several Hispanic Bar Associations are on record as supporting this. And H.T., I -- Mr. Smith: Thank you so much. Yes, the Cuban American Bar Association is on record. And I was proud to see that the first cosigners contacted Judge -- I mean, Kendrick Meek, Ilena Ros- Lehtinen, Lincoln Diaz-Balart and Mario Diaz-Balart were the first people who said, we want to sign onto this bill. This is a cross section of people throughout South Florida who want to honor this great American. Vice Chairman Teele: And unlike what has happened so frequently, H. T., you know, this building is not sort of the outhouse building of courthouses. This courthouse is destined to be one of the signature, architecturally significant buildings that will be a part of the skyline of Miami. And I thinkArchitectonica is the architect, and I think that also speaks volumes of judgment of Congresswoman Carrie Meek and her son Congressman Kendrick Meek in not only naming the building, but finding a courthouse that is worthy, because it's really bigger than Judge Ferguson. It's a statement that our country is recognizing the true value of the soul, and the whole person. So, Mr. Chairman, you've been very patient today and I really appreciate your entertaining this motion at this time, and I would ask for a roll call vote. Chairman Winton: And I would agree. We do have a motion and a second. And I think a roll call is absolutely in order. A roll call was taken, the result of which is stated above. (Applause) NA.2 03-0303 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Thomasina Williams Chairman Johnny Winton 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-03-1199 Note for the Record: Chairman Winton nominated Thomasina Williams to replace Mariane Salazar. City ofMiami Page 206 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: Thomasina, before you leave, I'd like to take some -- it's not on the agenda. But Thomasina has volunteered to serve as a member ofMSEA's (Miami Sports & Exhibition Authority) Board. I have a member that has been on the board for some time, that was not one of my appointments, who's really served with distinction and that's Maryanne Salizar. She's been a great member. But I can't resist the opportunity to appoint Thomasina Williams to serve in that position as my appointee -- my second appointee to the MSEA Board. Vice Chairman Teele: I would so move the nomination. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Winton: Thank you. Thomasina Williams: Thank you. Vice Chairman Teele: And commend you on having more gender, which these boards lack. Chairman Winton: Thank you, sir. 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. Ms. Williams: Thank you, Commissioner. Chairman Winton: Thank you. NA.3 03-0291 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DISBURSEMENT OF FUNDS, IN THE AMOUNT OF $20,000, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FUND IN SUPPORT OF A HOLIDAY EVENT SPONSORED BY THE COCONUT GROVE MERCHANTS ASSOCIATION TO BE HELD IN COCONUT GROVE, MIAMI, FLORIDA. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1205 Chairman Winton: Commissioner Regalado, you had a -- unless they're ready. Are you all ready on Model City? Commissioner Regalado: I just have something that the Coconut Grove -- Chairman Winton: OK. Commissioner Regalado: -- Events and Marketing Committee asked me to bring to the City City ofMiami Page 207 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Commission. A resolution of the Miami City Commission authorizing the disbursement of funds in the amount of twenty thousand from the Coconut Grove Special Events and Marketing Committee in support of the holiday event sponsored by the Coconut Grove Merchants Association to be held in Coconut Grove, Miami. I move that. 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. NA.4 03-0299 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(a) AND 36-5(a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM THE "MIDNIGHT MIDTOWN MIDWAY" AND "ART LOVES DESIGN" ART BASEL 2003 RELATED EVENTS ON DECEMBER 4-5, 2003, ON THE BUENA VISTA PROPERTY LOCATED AT 3111 NORTH MIAMI AVENUE AND IN THE PUBLIC RIGHT-OF-WAY BETWEEN NORTHEAST 41 ST STREET ON THE NORTH, NORTHEAST 36TH STREET ON THE SOUTH, NORTHEAST 2ND AVENUE ON THE EAST, AND NORTH MIAMI AVENUE ON THE WEST, MIAMI, FLORIDA. 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-03-1207 Chairman Winton: We have a number -- I'm sorry. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I have a pocket item. Would be motion to relax the provisions of noise ordinance for December 4th and December 5th in the Design District to facilitate the Art Basel - - and this is not a joke -- until -- Chairman Winton: But how timely. Vice Chairman Teele: -- until 3 a.m. Commissioner Gonzalez: How timely. Vice Chairman Teele: So moved. City ofMiami Page 208 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Chairman Winton: We have a motion. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Discussion. Commissioner Regalado: Is that on 22nd Avenue? Chairman Winton: Yeah, no. That's in -- Vice Chairman Teele: That's in Northeast 2nd -- Commissioner Regalado: Oh, OK. Chairman Winton: Yeah. 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. Commissioner Gonzalez: Let me -- before -- Alejandro Vilarello (City Attorney): Excuse me. Commissioner Gonzalez: -- before we close, let me give you an example now that you talk about a festival. At the Duarte Park -- Chairman Winton: I got a meeting -- Joe Arriola (City Manager): You got two meetings going? Commissioner Gonzalez: At the Duarte Park , they're having some festivals every Sunday. We have a senior -- we have three buildings. The three towers, Tomas, you know the three towers -- Chairman Winton: Y'all aren't going to stay and hear the rest of our meeting? Commissioner Gonzalez: -- across the street from the park. And the amount of complaints that I'm getting because of the music -- Chairman Winton: Yeah. Commissioner Gonzalez: -- is unreal. Chairman Winton: Music's getting to be a big problem in this City. NA.5 03-0300 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF DECEMBER, ORIGINALLY SCHEDULED FOR DECEMBER 11, 2003, TO TAKE PLACE ON DECEMBER 18, 2003. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 209 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1182 Chairman Winton: OK. We have one more thing. We do have a request -- by the way, I'm not in disfavor of but I'll go either way you guys want. The request is to combine the 11 th and 18th date for December so we only have one meeting. Huh? Commissioner Gonzalez: So move. Chairman Winton: It says 18. What's the date you want to move the meeting to? Commissioner Regalado: Remember, Johnny, remember that we deferred many PZ (Planning & Zoning) for the 18. Chairman Winton: But there were only five of them that should be -- Commissioner Gonzalez: Five of them. Chairman Winton: -- was the pitch they gave me. Commissioner Regalado: No, I -- Look, my thing is, Johnny -- Chairman Winton: Yes, sir. Commissioner Regalado: -- I don't mind coming on the 11 th, on the 18th, if we have a light agenda, or coming on the 18th, if you all want to do it like that. I mean, but we're going to have to be here for some time. We have some items for discussion. Chairman Winton: What is the issue that the Mayor has here relative to this? What is Mayor -- International Council to each -- Joe Arriola (City Manager): Excuse -- I'm sorry. Chairman Winton: Does the Mayor have some issue relative to the combining of the two meetings? Mr. Arriola: Not that he told me about. I have nothing -- I have no knowledge. As a matter of fact, I told him that was going to try to combine both meetings and -- Chairman Winton: OK. I don't care one way or another. I mean, I'd -- Commissioner Regalado: I don't care. Chairman Winton: -- just as soon have one meeting, frankly, because then I spend the whole day and then I -- Commissioner Regalado: I don't care. You do whatever you guys want to do but -- Chairman Winton: Commissioner Teele, your preference? Commissioner Gonzalez, your preference? Vice Chairman Teele: I tell you the only concern that have is that when -- on December, in December, when you have one meeting and it gets loaded up, generally, a lot of stuff starts rolling through. I have no objections to one meeting. What day would that be, the 11 th or the City ofMiami Page 210 Printed on 12/16/2004 City Commission Verbatim Minutes November 25, 2003 18th? Commissioner Gonzalez: Eighteenth. Mr. Arriola: The 18th is what we have now because you already have a PZ on the 18th, so you could do the 16th or the 18th, either way. But you already approved the -- for the 18th, so if you want to meet one time, you do it on the 18th. Chairman Winton: OK. Well, I'll -- you know, my recommendation is one time. Vice Chairman Teele: Mr. Chairman, I move that the meetings for December be consolidated to the December 18th. 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. Is this one more -- is this -- Commissioner Gonzalez: Motion to adjourn. Chairman Winton: -- a pocket item? Thank you. You too. City ofMiami Page 211 Printed on 12/16/2004