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HomeMy WebLinkAboutCC 2004-01-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, January 22, 2004 9:00 AM Planning & Zoning (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes January 22, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS (Pages 3-7) MV - MAYORAL VETOES (Pages 7-8) CA - CONSENT AGENDA (Pages 8-13) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS (Page 14) D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS (Pages 15-17) D5 - DISTRICT 5 ITEMS (Pages 17-22) PH - PUBLIC HEARINGS (Pages 23-24) EM - EMERGENCY ORDINANCES (Pages 25-44) SR - SECOND READING ORDINANCES (Pages 45-47) FR - FIRST READING ORDINANCES (Pages 48-52) RE - RESOLUTIONS (Page 53) BC - BOARDS AND COMMITTEES (Pages 54-58) DI - DISCUSSION ITEMS (Pages 59-74) PART B PZ - PLANNING AND ZONING ITEMS (Pages 75-230) NA.1 - NA.13 (Pages 231-256) 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Regalado, Vice Chairman Sanchez and Chairman Teele Absent: Commissioner Winton On the 22nd day ofJanuary, 2004, 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 session. The meeting was called to order at 9:13 a.m. by Chairman Arthur E. Teele, Jr., recessed at 12:18 p.m., reconvened at 3:01 p.m. and adjourned at 10: 00 p.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney City ofMiami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Priscilla A. Thompson, City Attorney Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-00021 PRESENTATION Name of Honoree Jose Sanchez Jack Horkheimer (withdrawn) FTAA Volunteers Goodwill Ambassadors Community Relations Board Rev. Willie Leonard Linda Romero Sam Feldman Helena Del Monte Teresa Zorrilla-Clark Jack Blumenfeld Willy Calvino Miguel De La 0 Ada Rojas Law Enforcement Officials Major Juanita Walker Major Thomas Roell Lt. Steven Caceres Lt. Mario Garcia Edward Harris Presenter Chairman Teele & Comn. Commissioner Winton Commissioner Brenda Shapir Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Protocol Item Resolution of Condolence Proclamation Regalado Certificate o, CRB Chair Chairman Teele thanked the City Manager support of the Community Relations Board. Regalado Regalado Regalado Regalado Regalado Regalado Regalado Regalado Regalado Regalado Regalado Regalado Regalado Regalado Certificate (in absentia) Certificate Certificate Certificate Certificate Certificate Certificate Certificate (in absentia) Certificate Certificate Certificate Certificate Certificate Certificate (in absentia) and the Chief of Police for their 04-00021- cover page .pdf 04-00021- protocol program .pdf Chairman Teele: Thank you very much for being here. We are not going to be with our Commissioner this morning, Commissioner Winton, but we would like very much to gain your indulgence and to move the agenda forward. We're delighted this morning to be able to welcome the Community Relations Board representatives and the Goodwill Ambassadors, but before we do, on a more sober note, we would like to acknowledge the late Jose Sanchez, the father of our own Commissioner Joe Sanchez, and in this regard, so that the records of the City are complete and to express our heartfelt emotions, and we'd like to acknowledge that Commissioner Sanchez is here today, and I was not able to come to the next Commission meeting after my father passed, so you're certainly being courageous and we deeply respect and understand the circumstances. You won't have any problems with any of us today, Joe, so anything you want to do, you better do it today, but in all seriousness, Jose Sanchez was a great American who did what many other Americans have done. They've come to this country, made a contribution, and most of all, they've raised a family, so, we'd like to present this proclamation, which is -- which I'm asking my colleague, Commissioner Tomas Regalado, to read in Spanish, and then I will read it in English, to honor this very noble individual, Jose Sanchez, 1933 to 2004. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Regalado: Thank you very much, Mr. Chair. This is a proclamation that we would have given even if the person was not related to any of us, because it's a proclamation for a human being that did the right thing throughout his life. We knew him and he was a resident of the City ofMiami, worked in the City ofMiami, worked hard to bring a good family to the United States, and then to put them through college to have the courage to work many hours to buy properties and to do good for the community. Not only that, he participated in many community events. He was a good writer, and he brought the culture of the countryside of Cuba to the many events in the City ofMiami. Commissioner Regalado read proclamation for the late Jose Sanchez into the public record in Spanish. Commissioner Regalado: That's what the proclamation says, Mr. Chairman. Chairman Teele: Thank you very much, and the English translation. (Chairman Teele read proclamation for the late Jose Sanchez into the public record in English.) Chairman Teele: Before we pass the proclamation, I'm going to ask Commissioner Gonzalez, who also attended this wonderful tribute, very moving tribute, to join us in presenting the proclamation. Commissioner Gonzalez: Yes, Joe, we want to express our sorrow for your loss. All of us have gone through this sad moment in life, butt know that you and your family, your mother and your brother and all of you have the courage to keep going and honor the work of your father. God bless you. Vice Chairman Sanchez: Thank you, Mr. Chairman and colleagues, the Mayor, the administrator, the staff and everyone who labors here at City Hall and all the City employees. I was blessed to have a great father for 70 years, and I know that in life, the sun rises and sets on all of us, butt was very blessed to have a great father. On behalf of my mother, Miriam Sanchez, who is watching this from home; my brother, Wifredo Sanchez, and our entire family, we thank you for the pool of love that we received, the many personal notes, the flowers, the calls that we received. My father had a lot of great friends, and I believe that at the end of the day, we're judged by what we do on this earth and we're here not to help ourselves, but to help others, and at the end, it's shown with all the friends that attended the funeral. Those of you that attended the funeral saw maybe through a different culture what the funeral was. We did exactly what he wanted. He asked that a horse -- because my dad had a great passion for horses. That was his entire life. As a small child, I remember going -- when he first got from Cuba, didn't even own a farm, which he ended up -- it was one of his dreams, and he ended up purchasing one and having one, but he would take us out to ride, and as a matter of fact, my smallest child, Vincent, who's two years olds, his first words out of his mouth was mama, Pepe, which was my dad's name, and Caballo, which is horse, and that's -- you know, that's even today, when we get home and he sees a pick-up, he runs to the door and he says, Pepe. Well, Pepe's in heaven now, and as they say, God picks His most beautiful flowers for His garden and I know that my father is in God's garden. Thank you so much, once again, all of you, who have poured out your love to me and my family. Thank you so much, and may God bless you. (Applause) Chairman Teele: Thank you very much. This morning we committed and we are honored to have Commissioner Regalado to make, on behalf of the entire City proclamations and presentations to the CRB (Community Relations Board), so without further ado, Tomas. Commissioner Regalado: Thank you, Mr. Chairman. City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 MAYORAL VETOES Commissioner Regalado presented Certificates ofAppreciation to members of the Community Relations Board. Chairman Teele: Thank you. I know that Commissioner Winton has withdrawn his proclamations. Are there any others? If not -- ladies and gentlemen, if we could attempt to regain the time. What we'd like to do at this point is formally begin our Commission meeting. We'd ask if you would all rise for a silent prayer, followed by the pledge of allegiance to the flag. An invocation was delivered by Chairman Teele, after which, Chairman Teele led those present in a pledge of allegiance to the flag. Chairman Teele: All right. We want to thank Commissioner Regalado again for his efforts to continue to keep our community together, and I will say, on behalf of the Commission, since I have served here, there is no one person who's worked harder in terms of the Community Relations Board and in this whole spirit of celebrating diversity than the Commissioner and the Board, and we really want to express our appreciation to the Manager and to the Chief. Chief I don't know. I think we owe you an apology, because you probably should have been asked to join us, and I stand corrected on that, but we want to acknowledge our Manager and our Chief because these boards function but they have to function with the support of the administration, and it's not just these names of police officers were drawn out of a hat. Somebody had to select them, and do that, and we want to again express our appreciation to you, Mr. Manager, for the support you're giving the board. The board has not always had the full support of the administration, but I think that issue is resolved, and we're moving forward, and it has not always had the support of the Police Department. We express our appreciation to both you, Chief Timoney, and you, Mr. Manager, and also, in that regard, I want to apologize to you, Mr. Manager, regarding the public hearing that was being held here. I think there was some coordination issues regarding the Sergeant -at -arms and the security here, and I'm going to be asking the Chief and yourself and myself to sit down and make sure -- because I think some things are being blown out of proportion perhaps by the press, but I do think we need to have a more concentrated plan regarding how we're handling the facilities and these kinds of public hearings, particularly in this sensitive area, and finally, in that regard, Mr. Manager, I want to report to you about the Chief. He was inducted as a role model last year at the breakfast, and unlike most of the role models, he didn't abrogate his responsibility. He faithfully came to the breakfast, the Martin Luther King Breakfast, and he stayed throughout it, and we had a wonderful Martin Luther King Parade Breakfast. We had a table of brotherhood, and, again, I think the Police Department and your staff deserve a lot of kudos because five years ago, six years ago, when I was elected to the Commission the first time, the challenge that we had was we didn't have the money to staff the parade. We were having problems with, you know, community marshals. We had community Marshall's out there by some of the community activists and I think everything has gone very, very well, so again, Mr. Manager, we express our appreciation to you and the Police Chief for the work you all are doing behind the scenes. Joe Arriola (City Manager): I also want to apologize for not being there, but as you know, I had to be in New York doing -- taking care of very important City business. It's not that the parade wasn't important. It's just that we had arranged that, and that was the only time that the rating agencies could see us, butt understand it went terrific and it was wonderful, and I appreciate your comments. Chairman Teele: All right. There were know mayoral vetoes; is that correct, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct, sir. There were no vetoes from the Mayor. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: And the chair would like to bring to the Board's attention -- what's EM.3? What's "EA/I" mean? Priscilla A. Thompson (City Clerk): Emergency Ordinance. Chairman Teele: Why does it say EA/I? Ms. Thompson: For emergency. Chairman Teele: Huh? Ms. Thompson: For emergency. Chairman Teele: Oh, emergency. Oh, I get it. Vice Chairman Sanchez: Abbreviation for emergency. Duh. Chairman Teele: All right. Emergency Ordinance Number 3, that the Chair would like to reserve enough time on to get the board to focus on this. I think this is an important issue. Again, when we began to make these budget adjustments, it's one of the challenges I think that got the City in trouble in the years in past and we'd like to just reserve enough time this morning so that everybody can focus on that before Commissioner Regalado leaves this morning, so you'll be coming up, but one of the things that I would like to understand, Mr. Manager, is where we are with the part-time people in this City. You know, we keep going over this same issue. We've got people -- I understand that somebody retired after 20 some years of service with nothing, because we're skirting the labor law by letting people work less than 40 hours, 32 or 38 hours a week, and we're -- we've passed three different resolutions about benefits, about this, but we've asked that there be a plan to convert those people, whether those people that have been here for 10 years, or eight years, or 12 years, or 15 years, but we need to begin to migrate these people into full-time positions, so that's going to be the issue that we're going to want to raise with you. I should also note, going from the back, that the Commissioner from Disfrict 1, I think has asked that an item be heard at 5:30. The Chair has agreed to do that, and also, we have a request by the Florida DOT (Department of Transportation), I believe, to hear an item at 5 p.m. that was PZ.30. The community has asked that D.5, the Buena Vista Historic Disfrict be heard at 4 o'clock, and there is a pocket item that we received a lot of communication on to be heard at 11 o'clock, regarding the Little Haiti Federal Credit Union. Are there any other matters that any Commissioner would like to hear at any time this day? It would be the chair's hope that when Commissioner Winton comes, if we come back at 2:30ish, or 3 o'clock, that the first item we would take up would be his item on his blue pages, the New Times item. It's on his blue pages, and I would appreciate if Commissioner Winton's staff would so advise him and that we're -- but we should not take that item up without five Commissioners on the dais. CONSENT AGENDA CA.1 03-0395 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF WASTE MANAGEMENT OF DADE COUNTY, FOR THE PROVISION OF VACTOR TRUCK DEBRIS HAULING FOR THE DEPARTMENT OF MUNICIPAL SERVICES, DIVISION OF PUBLIC WORKS, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $128,179.04 , FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $256,358.08 ; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 OF THE DIVISION OF PUBLIC WORKS, ACCOUNT CODE NO. 001000.311003.6. 340. 03-0395- cover memo.pdf 03-0395- award recommendation form.pdf 03-0395- award sheet.pdf 03-0395- tabulation sheet.pdf 03-0395- bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0032 CA.2 03-0396 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS ACCEPTING THE BID OF PETRO HYDRO, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS, DATED NOVEMBER 14, 2003 FOR THE PROJECT ENTITLED "N. W. 14th STREET PROJECT, B-5686" (2ND BIDDING) IN THE AMOUNT OF $ 1,527,968.35; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT No. 341183 IN THE AMOUNT OF $1,527,968.35, AS APPROPRIATED BY CAPITAL IMPROVEMENTS ORDINANCE 12280, AS AMENDED, IN THE AMOUNT OF $1,527,968.35 FOR THE CONTRACT COST, AND $100,000.00 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $1,627,968.35; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND AGREEMENT, IN A SUBSTANTIALLY THE ATTACHEDFORM, FOR SAID PURPOSE. DEFERRED This item was DEFERRED to the Commission meeting currently scheduled for February 26, 2004. CA.3 03-0398 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-419, ADOPTED MAY 8, 2003, AWARDED TO GURRI MATUTE, P.A., CHANGING THE NAME OF THE PROJECT ENTITLED "GIBSON PARK IMPROVEMENTS - PHASE I, B-3305" TO " GIBSON PARK IMPROVEMENTS, B-30305," AND IDENTIFYING CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 331419 AS AN ADDITIONAL FUNDING SOURCE TO COVER SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DEPARTMENT OF CAPITAL IMPROVEMENTS. 03-0398- cover memo.pdf 03-0398- previous legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 R-04-0033 CA.4 03-0400 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF EDWARDS & KELCEY 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 AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PROJECT ENTITLED "SW 16 TERRACE ROAD RECONSTRUCTION PROJECT, B-4698" IN DISTRICT 4, IN AN AMOUNT NOT TO EXCEED $76,634, 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 EDWARDS & KELCEY 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 $76,634, FOR SAID SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI FROM CAPITAL IMPROVEMENTS PROJECT NO. 341206 ENTITLED "DISTRICT 4 STREETS AND TRAFFIC CIRCLES." 03-0400- cover memo.pdf 03-0400- memo from CIP.pdf 03-0400- budgetary impact analysis.pdf 03-0400- letter .pdf 03-0400-previous assignment of service agreement.pdf 03-0400- previous service agreement.pdf 03-0400- previous corporate resolution. pdf 03-0400- previous legislation.pdf 03-0400- previous attachment A.pdf 03-0400- estimated construction cost.pdf 03-0400- negociation.pdf 03-0400- conparative.pdf 03-0400-exhibit 1- work order authorization .pdf 03-0400-exhibit 2- proposal.pdf 03-0400-exhibit 3- scope of services.pdf 03-0400-exhibit 4- chart.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0034 CA.5 03-0401 RESOLUTION City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF GANCEDO TECHNOLOGIES, INC., FOR THE PROJECT ENTITLED "CORAL WAY BEAUTIFICATION UPLIGHTING PHASE I, B-6450-A," IN THE PROPOSED AMOUNT NOT TO EXCEED $673,031, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341213, IN THE AMOUNT NOT TO EXCEED $673,031 FOR CONTRACT COSTS PLUS $102,476 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $775,507, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 03-0401- cover memo.pdf 03-0401- budgetary impact analysis.pdf 03-0401- exhibit 1- formal bid.pdf 03-0401- exhibit 2- fact sheet.pdf 03-0401- exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0035 CA.6 03-0402 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED AGAINST LATIN AMERICAN CAFETERIA ("CONTRACTOR") TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING BUT NOT LIMITED TO ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY RELATED TO THE CONTRACTOR'S BREACHES OF THE CONCESSION AGREEMENT APPROVED BY RESOLUTION NO. 98-138, ADOPTED FEBRUARY 10, 1998. 03-0402- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0036 CA.7 03-0403 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 AWARDED TO REGOSA ENGINEERING INC., PURSUANT TO RESOLUTION NO. 03-859, ADOPTED JULY 24, 2003, FOR THE PROJECT ENTITLED "OLD VIRGINIA KEY BEACH PARK RENOVATIONS AND REPAIRS, B-3282A," IN AN AMOUNT NOT TO EXCEED $126,000, INCREASING THE CONTRACT AMOUNT FROM $1,108,179 TO $1,234, 179, TO COVER COSTS OF ADDITIONAL WORK AND MATERIALS REQUIRED; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 333130; AMENDING RESOLUTION NO. 03-859 TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0403- cover memo.pdf 03-0403- justification memo.pdf 03-0403- budgetary impact analysis.pdf 03-0403- formal bid.pdf 03-0403- letter from CIP.pdf 03-0403- previous legislation.pdf 03-0403- exhibit 1- 1st amendment to contract.pdf 03-0403- exhibit 2- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0037 CA.8 03-0420 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NUMBER ONE TO THE AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES FOR THE "OLD VIRGINIA KEY BEACH PARK RENOVATIONS AND REPAIRS, PROJECT #B-3282, ID #17967 BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI (" AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, REPLACING PARAGRAPH FIVE (5) AND ADDING PARAGRAPH THIRTY- THREE (33) TO THE EXISTING AGREEMENT. City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 03-0420- cover memo.pdf 03-0420- justification memo.pdf 03-0420- letter from CIP.pdf 03-0420- letter .pdf 03-0420- map.pdf 03-0420- letter from DERM.pdf 03-0420- previous agreement.pdf 03-0420- pre agreement attachments.pdf 03-0420- previous unity of title.pdf 03-0420- pre unity of title attachment 03-0420- previous covenant.pdf 03-0420- pre covenant attachments.pdf 03-0420- exhibit 1- addendum # 1 .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0038 CA.9 04-00018 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), IN THE AMOUNT OF $700,000, AS REIMBURSEMENT, TO BE USED FOR THE "BICENTENNIAL PARK SHORELINE STABILIZATION - PHASE I PROJECT, B-3293," CAPITAL IMPROVEMENTS PROGRAM, PROJECT NO. 331418; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00018- cover memo .pdf 04-00018- budgetary impact analysis .pdf 04-00018-exhibit 1- project agreement .pdf 04-00018-exhibit 2- project cost estimate .pdf 04-00018-exhibit 3- matching funds certification.pdf 04-00018-exhibit 4- payment reimbursement form.pdf 04-00018-exhibit 5- project completion certification. pdf 04-00018-exhibit 6- quarterly status report.pdf 04-00018-exhibit 7- project schedule. pdf 04-00018-exhibit 8- logo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0039 Chairman Teele: Is there a motion to take up the Consent Agenda, which is our first -- Commissioner Gonzalez: Mr. Chairman. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Motion to take it up? Motion? Vice Chairman Sanchez: So moved. Chairman Teele: Second? Commissioner Regalado: Second. Chairman Teele: Discussion. Commissioner Gonzalez: Mr. Chairman, I'd like to defer CA.2. Chairman Teele: CA what? Commissioner Gonzalez: CA.2. Chairman Teele: 2. Is there objection? Alejandro Vilarello (City Attorney): Deferred to the --I believe the Manager requested that it be deferred to the February 26th Commission meeting. Chairman Teele: Is there objection? CA.2, without objection, the item is deferred to February, as noted. Commissioner Gonzalez: To February what? Mr. Vilarello: February 26th, the second meeting of February. Commissioner Gonzalez: The 26th? Mr. Vilarello: Yes. Commissioner Gonzalez: Thank you. Chairman Teele: Further discussion? I note that we're finally moving on some of the Virginia Key items. Thank you again, Trust, and Mr. Manager, CIP (Capital Improvement Program). Is there any discussion on the Consent Agenda? If not, we have a motion and a second. All those in favor of the items, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Adopted the Consent Agenda Votes: Motion by Vice Chairman Sanchez, 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: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton END OF CONSENT AGENDA MAYOR AND COMMISSIONER'S ITEMS CITYWIDE City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-00022 DISCUSSION ITEM DISCUSSION CONCERNING EXPENSE ALLOWANCE FOR CITY COMMISSIONERS. 04-00022- email .pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER Item D2.1. Chairman Teele: The Chair would entertain a deferral of Item D.I, District Item Number 1, at the request of Commissioner Winton. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 03-0332 DISCUSSION ITEM PRESENTATION BY THE CITY OF MIAMI COMMUNITY RELATIONS BOARD. cover memo.pdf 03-0332 CRB report - 2.pdf City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 DISCUSSED Presentation made by Community Relations Board Chairperson Brenda Shapiro. Commissioner Regalado: Mr. Chairman Chairman Teele: Commissioner Regalado. Commissioner Regalado: There was an item on the District 4 page. It's a presentation that the Community Relations Board had scheduled for January 8th, but they asked to be heard today. Now -- Chairman Teele: Are they here? Commissioner Regalado: I think that the chairperson is here, Brenda Shapiro, and I understand that she has to go to work. Chairman Teele: D4.1 is called. Commissioner Regalado: I don't know. She was here just now. Chairman Teele: D4.1 presentation by the City's Community Relations Board. Is there a representative present? If not, we'll come right back to that item. Chairman Teele: OK. Now -- Commissioner Regalado: We have the Community Relations Board. Chairman Teele: I apologize. Community Relations Board. Now, we did not have a time certain. I know that the Parks Director -- Commissioner Regalado: It's at 11. Chairman Teele: The Parks Director has got a report that's due in -- and we have a number of our citizens that are here. This is a report. So, what I'm going to do is, after -- with your permission -- after the Community Relations Board, we're going to hear the report from the Parks Director and then we'll have for that community engagement. Yes, ma'am. Brenda Shapiro: Thank you, Mr. Chairman. Brenda Shapiro, 1861 Southwest 21 st Terrace. You have before you the annual report of the City ofMiami Community Relations Board. I'm a little reluctant to stand here because during the year, each time I stood before this Commission, you found a new task for the City Community Relations Board to perform, and I'm trusting that you don't have new tasks for us today. I'm not going to read a report to you that is before you. I am merely going to express my gratitude to the Commission. Chairman Teele: Well, hold on a minute. We've lost a quorum totally. Is it something I said or do I need some mouth wash or -- Ms. Shapiro: Something I might have said, Mr. Chairman. Chairman Teele: Well, this homeless thing is a hot issue. Everybody is -- but we do -- especially, if you're going to thank the people, they ought to at least be here for that, because all we hear is -- Ms. Shapiro: You gave a party and nobody came. City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Regalado: I'm back. Chairman Teele: It takes three to do business. Commissioner Regalado: Two is enough. Commissioner Sanchez: I apologize. Ms. Shapiro: Not at all, Commissioner. Perfectly all right. You'll be relieved to know -- you'll be relieved to know that I said I wasn't going to read a report that is before you, and which you can read. I merely wanted to express my gratitude to the Commission, and to the City Manager and especially to Karen Cooper, an assistant to the City Manager, for the support that this Commission and this adminisfration has given to the Community Relations Board in the last year. You heard me say earlier that many of us on the board are new to this effort. I believe that had we known what we were in for, we would still have signed up, which is the greatest tribute of all to the work that you've assigned to us. The board did much more than just prepare for, and mediate, and conciliate during the FTAA (Free Trade Area of the Americas). The board conducted public hearings, the board conducted public meetings in which citizens were able to express their concerns and we acted as a conduit to you and to the administration and shared those concerns. We have a budget that, at last, begins to reflect the commitment that this Commission and this adminisfration have made to the Community Relations Board and for your support tangibly of the hundred and thirty-nine thousand dollar budget that you awarded to us, we express our special gratitude. It means that we can add one more staff member to our very competent staff already serving, and the additional staff will make it possible for us to conduct research projects, to engage in mediation training and diversity training, so that we can serve the City better. I hope that you find the report brief to the point and to your pleasure. Thank you very much. Commissioner Regalado: Thank you. Chairman Teele: Thank you again. And we really appreciate the thanks to the Commission, and we're eager to continue to work with you. Commissioner Regalado: You can take a half a week break and start working again. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR 4:00 P.M. D5.1 04-00023 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BUENA VISTA EAST HISTORIC DISTRICT COMMUNITY CHARRETTE REPORT; AND DIRECTING REQUESTING THE ALLOCATION OF FUNDS FOR STREETSCAPE IMPROVEMENTS FOR THE BUENA VISTA EAST HISTORIC DISTRICT SUBJECT TO THE REVIEW OF COSTS ESTIMATES BY THE DEPARTMENTS OF PUBLIC WORKS, CAPITAL IMPROVEMENTS AND TRANSPORTATION AS SET FORTH IN THE STREETSCAPE IMPROVEMENTS REPORT; DIRECTING THE DEPARTMENTS OF PUBLIC WORKS, CAPITAL IMPROVEMENTS AND TRANSPORTATION TO PREPARE A PLAN OF ACTION FOR City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 IMPLEMENTATION OF THE PROJECT IN TWO PHASES: PHASE I: INFRASTRUCTURE, LIMESTONE PYLONS AND TRAFFIC CALMING; AND PHASE II: STREET TREES AND STREET LIGHTING. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0044 Direction to the Administration: by Chairman Teele to come back in 60 days with a specific plan related to all components of the Buena Vista East Historic Community Charrette plan and without further Commission action, to begin implementation of certain components consistent with the plan immediately. Note for the Reccord: Chairman Teele further stated that he is prepared to commit available bond funds, if there are elements that are beyond the budget of the Transportation Department's budget. He further suggested that the Buena Vista group look into other avenues of funding such as Community Development funding under the Historic funding category. Chairman Teele: OK. Now, the time is -- Commissioner Regalado: It's 19. PZ.19. Chairman Teele: -- 4 o'clock. All right. Do we have the people here from Buena Vista for D5.1 ? Any of you here? OK. We're going to limit you to about 30 seconds, I think. Come on down and we're going to take up D5.1, which is the Buena Vista Historic Disfrict Community Charrette. We're into all of the historic districts, and we'll -- This is D5.1, District Item 5.1. OK. Let's thank all of the fine people from Spring Garden. This is -- we've held a charrette. Is the staff -- who's the staff on this? Where's the -- Ana, the Planning Director and the Capital -- and the Transportation Coordinator, Mary, are you here? Unidentified Speaker: Yes. Chairman Teele: Ana, you want to introduce this item, Madam Director? Little bit. You were there personally. Ana Gelabert (Director, Planning & Zoning): I was there personally, and together with me, there is Maria Nardi, who's the Chief of Urban Design, who worked very closely with this community. Chairman Teele: All right. Ms. Gelabert: (UNINTELLIGIBLE) with the Buena Vista East Charrette. Chairman Teele: All right. You all want to just give us a little bit of background and introduce the item before we hear from all these fine people. Maria Nardi: Yes. Hello. Thank you, Commissioner Teele, and good afternoon to everyone, especially to the community for being here. This afternoon we're going to discuss the Buena Vista East Historic District Community Charrette Report. This was requested by the community to have a streetscape improvement charrette for the Buena Vista East Historic Disfrict, which would look at several things, amongst them, historic signage for the neighborhood and fences, along with street improvements that included looking at issues, such as drainage, street lights, street frees, and overall roadway improvements. The report establishes findings in that, along City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 with estimated costs for the improvement of these areas. These findings have been reviewed by the Planning and Zoning Department, Public Works, Capital Improvement Project Department, and Transportation Department, so, with that, I can hand over to you, and then to the community . Thank you. Chairman Teele: All right. Welcome. Wendy Stephan: Thank you. My name is Wendy Stephan. I'm the co-chair of the Buena Vista East Neighborhood Association. Chairman Teele: And? Ms. Stephan: And this is Molly. She's five months old. I think this is her fifth visit to City Hall since she was born. We're here today to ask the City -- whoops -- to ask the City to sort of complete a process that we started about two years ago. We started with a series of public meetings, our neighborhood meetings. We asked the City to do their part in terms of meeting us halfway with the neighborhood improvements. We've all done a lot of work on our own homes and on building community, and these things that we think that are so important, and it was really time that we ask the City to come forward and to bring the streets and the common areas of the neighborhood up to the standards that we feel that we need to continue the development of our neighborhood in the positive way that it's been going over the last ten years. A lot of the old time residents of the neighborhood, when we started this process and we told them we're going to do this charrette and we're going to ask the City for these improvements, the -- what we kept hearing over and over was it'll never happen. They promised that before. These things -- We had a charrette in 1980 and all these -- it was really negative, and I thought, "Well, you know, maybe I'm just naive," and -- but I think this will work, so we went through the process. We had the meeting. We had record turnout in May. We had over 60 people attending a three to four day meeting, people of basically, all walks of life, and we felt really proud about the turnout and the type of real, you know, public discourse that we wanted. We felt really positive about that, and as a result, our charrette report is now here in front of you, and it has a dollar figure attached to it, and we're asking for the funding for the improvements, as Maria Nardi said, traffic, calming improvements to protect, you know, basically, the quiet neighborhood; some changes to the historic preservation guidelines to help us have fences that we felt we could live with, which we've already basically implemented through the Historic Preservation Office, and then just general repairs to give us curbs again, and sidewalks again, and these things that we're very excited about, so I'm -- I guess that's it. Chairman Teele: All right. I think you need to put your address in the record, they're telling me. Ms. Stephan: I did. Thank you. Oh, into the record? My address is 101 Northeast 43rd Street. Chairman Teele: OK. Is there anyone --All you fine people are here to speak on this item. Is there anyone else that -- I know, to show your support. Well, let me just say this, without getting into a lot of speeches. This is a community effort. I think the Planning Department, in particular, Ana, has -- should be commended. The City made the funds available to bring in -- was it FI -- University -- Mary Conway (Transportation Coordinator): University ofMiami. Chairman Teele: University ofMiami consultants have worked with this. We have a budget item . We've got a resolution that is before you. Have you all read the resolution? And the resolution, of course, is the City ofMiami accepts the Buena Vista Historic Community charrette and requests the allocation of funds for the streetscape improvements for the Buena Vista East Historic District, subject to a review by the Public Works, Capital Improvement, cap -- and Transportation Department of the cost estimates as provided in the report, and to request the City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 preparation of an action plan by Public Works and Capital Improvement, and Transportation for the implementation of the project in two phases. Phase I: Infrastructure, limestones, pylons and traffic calming. Phase II: Street frees and street lighting. Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Teele: Moved and second. Now, let me fry to do two things. Madam Transportation Director, Ms. Conway and I rode this area -- When was that, a week ago or yesterday? Ms. Conway: Actually, two days ago. Chairman Teele: Two days ago, and do you all have any major objections to the plan that has been submitted? Ms. Conway: To this plan, no, we do not. Chairman Teele: So, we can expect that this will be incorporated in a capital plan, and when will that be coming back for action? When -- Ms. Conway: There are certain elements that fall within this plan that deal with curbing and sidewalk that we have an avenue already available to us with a piggyback contract that was passed by the Commission several meetings ago that we will be exploring to implement those elements as quickly as possible with work orders with that contractor, so there will be no additional Commission action required for that element. With the other elements of the project, we will be trying to come back within the next two or three Commission meetings with an item for a contract. A lot of the elements here we can do with an immediate push-button type contract with a contractor, so we'll be frying to come back within the next couple of months with a construction contract for implementation. Some of the second phase items that require an element of design will be a little bit further out. Chairman Teele: OK, so, let me put this in English. We're going to ask that they come back in 60 days with a specific plan related to all components of this. That's number one. Number two, what she's saying is great news to me, and that is, that without further action, we're going to begin implementation of certain components of this, consistent with your plan, literally immediately. Literally immediately. (Applause) Chairman Teele: And the third thing that Ms. Conway is saying is that those things that are outside of what is normally envisioned -- and we recognize that a historic district has some things that are a little bit different from the norm. -- they're going to come back, and that's where that 60 days will be, where they will give us a full report on everything, and then my commitment to you and to Ms. Conway is this. To the extent that there are things like the lighting that I'm a little bit concerned about and some other elements that are beyond what would normally be expected in the transportation budget, I am prepared to commit, in 60 days, funds from the bond Homeland Review funding that you approved, the 255, to make this project 100 percent whole, so that those unique things, like unique lighting that we can't put Citywide, but you all are requesting it, we will be able to put it there, so it will be a question of just not if we're going to do it, but how we put it together and how we get it done, so that's my public commitment, is that we will use Safe Neighborhood funds from the District 5 reserve for those unique projects that are beyond -- above and beyond what would normally be expected in a neighborhood. Is that fair, Mary? Is that fair, Ms. Conway? City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Hs. Conway: Yes. Chairman Teele: Is that fair to y'all? Hs. Stephan: It's more than fair. Thank you. (Applause) Chairman Teele: All right. Luis Penelas: Luis Penelas, 133 Northeast 47th Street, co-chair of the Buena Vista East Historic Neighborhood Association. Thank you, Commissioner Teele. Thank you, Commissioner. You've worked with us so hard over the last couple of years with this, and we owe so much to you. I'm just so proud to have worked with you, and, again, thank you, Commission. Chairman Teele: Thank you all very much. (Applause) Chairman Teele: We have a motion and a second. By the way, I should point out to the neighbors, you all should be getting a card like this. To the extent that we need to continue to do maintenance and upgrades, Community Development funding for historic preservations are a part, and we would welcome your attendance at our Community Development meeting on Saturday, where we talk about what we need to do for the next five years, because the historic preservation neighborhoods really need to tap into our CD (Community Development) funding cycle. The motion has been made, and the item reoccurs. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed, say "no." The item is unanimously adopted. Thank you very much. (Applause) Chairman Teele: Thank you all for coming down. City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PUBLIC HEARING PH.1 03-0270 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPETITIVE BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ACQUISITION OF SURETY/ EXTENDED WARRANTY SUPPORT SERVICES FOR THE CITY OF MIAMI'S NX5800 CLEARPATH SYSTEM, FROM UNISYS CORPORATION ("UNISYS") FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH UNISYS, FOR SAID SERVICES, FOR A TWO- YEAR PERIOD, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $388, 497; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.460101. 6.670, SUBJECT TO BUDGETARY APPROVAL. 03-0270- cover memo.pdf 03-0270- budgetary impact analysis.pdf 03-0270- memos from ITD.pdf 03-0270- public notice.pdf 03-0270- legislation.pdf 03-0270- exhibit 1- service agreement.pdf 03-0270- exhibit 2- support service addendum.pdf 03-0270- exhibit 3- support services schedule.pdf 03-0270- exhibit 4- insurance requirements.pdf WITHDRAWN Item was WITHDRAWN by City Manager Joe Arriola. (See Minutes after PH.2) PH.2 03-0271 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPETITIVE BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ACQUISITION OF SURETY/ EXTENDED WARRANTY SUPPORT SERVICES FOR THE CITY OF MIAMI'S CLU6000 TAPE BACKUP SYSTEM FROM UNISYS CORPORATION ("UNISYS"), FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; FURTHER AUTHORIZING THE CITY MANAGER TO City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH UNISYS, FOR A TWO- YEAR PERIOD, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD, AT AN ANNUAL AMOUNT NOT TO EXCEED $110, 671; ALLOCATING FUNDS FROM ACCOUNT CODE 001000.460101.6.670 , SUBJECT TO BUDGETARY APPROVAL. 03-0271- cover memo.pdf 03-0271- budgetary impact analysis.pdf 03-0271- memos from ITD.pdf 03-0271- public notice.pdf 03-0271- legislation.pdf 03-0271- exhibit 1- service agreement.pdf 03-0271- exhibit 2- support services addendum.pdf 03-0271- exhibit 3- support services schedule.pdf 03-0271- exhibit 4- insurance requirements.pdf WITHDRAWN A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to WITHDRAW consideration of Items PH.1 and PH 2 at the request of City Manager Joe Arriola Chairman Teele: The next items are public hearing items. PH.1, requiring a four fifths vote. Is there any Commissioner here that is uncomfortable with PH.1? Priscilla A. Thompson (City Clerk): Mr. Chairman, I'm sorry, PH.1 is -- I'm sorry. I'm confused Joe Arriola (City Manager): PH.1, we're going to pull, right? Chairman Teele: What are you saying, Madam Clerk? Vice Chairman Sanchez: It's a four fifths vote. Ms. Thompson: No. I'm sorry. I thought it was a time certain. I apologize. Chairman Teele: No, no, PH -- Mr. Arriola: Commissioner, PH -- we're pulling PH.1 and PH.2. Chairman Teele: Motion by Commissioner Sanchez to withdraw PH.1 and 2. Commissioner Gonzalez: Second. Chairman Teele: Second. Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 ORDINANCES - EMERGENCY EM.1 03-0408 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "2004 STATE CHALLENGE HOMELESS GRANT" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $6,606.36, CONSISTING OF A GRANT RECEIVED FROM THE STATE OF FLORIDA, STATE CHALLENGE GRANT PROGRAM FOR THE PORTION OF THE CITY OF MIAMI'S HOMELESS PROGRAM MATCHING FUNDS REQUIREMENTS TO PROVIDE OUTREACH, ASSESSMENT, PLACEMENT AND TRANSPORTATION SERVICES TO THE HOMELESS WITHIN THE CITY OF MIAMI, FLORIDA, FOR A PERIOD OF SIX MONTHS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE ALLOCATION OF SAID FUNDS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0408- cover memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, 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, Sanchez and Teele Absent: 1 - Commissioner Winton 12473 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to instruct the City Manager to perform a comprehensive study of problems associated with increasing homeless individuals in the City ofMiami and to come back with a status report within 90 days at the Commission meeting currently scheduled for April 22, 2004. Direction to the City Manager: by Chairman Teele to provide him with a copy of the minutes of the Homeless Trust meetings and the names of the City representatives on the Trust. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Winton absent, to designate Commissioner Regalado as the City ofMiami Commission representative on the Homeless Trust for the next 90 days. Chairman Teele: EM.1. Vice Chairman Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Teele: Is there discussion? Is there discussion? This is a public hearing. Any person desiring to be heard on EM 1, please come forward. There are no persons coming forward. City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Madam -- Mr. Attorney, would you read the item? The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk, call the roll, please. Roll calls were taken, the result of which are stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted as an emergency measure 4/0. Vice Chairman Sanchez: Mr. Chairman, on the item. Being it passed on the item, this is a grant program for a period of six months. As you know, the homeless situation continues to increase in our City, and due to the weather and now the conditions up north, you know, they migrate down south, and we're starting to see more and more homeless coming down to the warmer states, and most of them making their ways down here to Miami, and Ft. Lauderdale and West Palm Beach. Now, I've noticed an increase in homeless individuals in the City, and above all, around I-95. In the entrance to 8th Street on I-95, there are right now two tents out there of people that are basically camping out. Twenty-four/seven, the tents are out there, so, I mean, we -- I don't want to make this a district issue. I think it's a citywide issue that we need to address, but we also need to fry to focus more on frying to get more grant money for that, and of course, I don't know where we're at on the discussions with Camillus House, but we need to focus back on the homeless issue. I think we've never deviated from it, but it continues to be a big problem in our City, and above all, it really affects the quality of life in our community, so once again, I challenge the administration to seek all the necessary steps to tackle this issue, because we can't continue to tackle it on a period by period type. You know, we tackle it for six months and then we don't, because what's happening when we apply pressure to one area, they're basically transient, moving on to other areas, so we need to work with all these well-known, internationally known organizations to try to solve this problem, because it's just getting worse and worse during these days. Thank you, Mr. Chairman. Commissioner Regalado: The last count was in December, 2700 compared to 2300 last April, so it was an increase of 400 homeless persons in Miami -Dade County, between April and December of last year. Vice Chairman Sanchez: Let me tell you what some other states are doing up north. They're giving them tickets to come down south, all right? Just like many years ago, when I was a State Trooper, working 112 and working 836, at midnight you had Miami Beach bringing a bus load of them and dropping them of right there at Watson Island and telling them, "Hey, head west," and, you know, we continue to have that. Other cities and other states are basically providing transportation. In other words, dumping them in the City ofMiami, so it becomes our problem. Chairman Teele: With your permission, gentlemen, what I would like to do is three things. First, I would like to entertain a motion to ask for a special presentation to the Commission, let's say 90 days from now or 60 days from now, on the homeless, to give the Manager an opportunity to sort of give us an update, because I think what we really need to do is take an hour out of our schedules and do a comprehensive review of where we are. I fully agree with you on one point that you're making: The situation is getting worse, not better. I want to see the minutes of the meetings between the Homeless Trust and who the City representatives are. The last time we looked at this, the City representatives weren't even going to the meetings, and yet, we're always complaining about not getting money, not getting resources. You know, we can't have it both ways. We've got to -- the City administration needs to be fully engaged, not just from our point ofview, but from the countywide, because the problem that Joe Sanchez is making, I agree with, is that everybody, not just up north, but on Miami Beach and Hialeah, people are sending the homeless to Miami, so it's -- you know, you don't have to worry about what they're doing in New York and New Jersey. We've got to worry about what the County and what the various City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 municipalities are doing. The City is a dumping ground, and when they release -- when they pick people up and they release them, they don't release them in Hialeah. They don't release them in Miami Beach. They release them right there on 12th Avenue, right there in Allapattah so they can wander through Model Cities, Allapattah, Overtown, and into downtown and into Little Havana. That's what's going on, so we need to take a comprehensive review of this, so Commissioner Sanchez, are you comfortable sponsoring that and -- Vice Chairman Sanchez: I would. As a matter of fact, tomorrow morning, with our NET ( Neighborhood Enhancement Team) offices, we are taking a tour of District 3 and County, because the situation, based on the complaints of the residents and basically what you're seeing - - I mean, when you start seeing tents being put up -- I mean, there was a time that we, not long ago, that we had -- Watson Island was a community of homeless. Chairman Teele: An encampment. Vice Chairman Sanchez: And also at Bicentennial Park. We can't allow that, and all it takes is, you know, one tent invites another tent, and the next thing you know you have a colony of homeless individuals. I'm not saying that they don't have any rights. Listen, they -- they're under those situations for whatever God-given -- they're human beings, but we need to provide the assistance and we need to work with them to fry to get them the appropriate help that they need, and if we tend to look the other way on this issue -- I mean -- and in a week, we might have four more tents out there, five more tents, and then it gets to a situation where we can't control it, so I would like to make the motion, or you could present it, Mr. Chair, it doesn't matter, that to have the administration come back in 90 days with a comprehensive study citywide on the homeless situation. Chairman Teele: That would be for the April 22nd meeting. Motion by Commissioner Sanchez. Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Teele: Is there a discussion or objection? If not -- Commissioner Gonzalez: Discussion. Chairman Teele: Discussion, yes. Commissioner Gonzalez: We have just come down -- Joe Arriola (City Manager): Commissioner -- Commissioner Gonzalez: We have just come down to the point that I had been making for the last two years. There has been discussions to build these facilities in your district and my district, on the borderline of the districts, and as Commissioner Sanchez says, these people, they have rights, and these people deserve protection, but what about the rights of the people that are not homeless? What about the rights of the people that wake up at 5 a.m. in the morning -- classical example, your father, a man that used to get up at 4 a.m. in the morning and work until 7 p.m. at night to raise his family, to do the things that he had to do in life? What about the right of those people? And if we continue in the frend of providing more shelters and providing more buildings, and providing more services, pretty soon Miami isn't going to be the magic City. It's going to be homeless kingdom, OK, and more homeless are going to come down from all around the country, and as you said, Mr. Chairman, from Hialeah, from Miami Beach, from everywhere, and everybody -- and from the County, and they're all being dumped in the City ofMiami, and City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 why should this be an exclusive problem of the City ofMiami and a problem that needs to be handled and solved by the City ofMiami and by the taxpayers of the City ofMiami? Why -- I don't understand. Maybe somebody can make me understand. Maybe somebody can give me the reasons why it should be our problem, Miami's problem, when they are generated in Homestead, in Coral Gables, in Miami Beach, in Hialeah. As you say, they are all -- they are brought to Dade County Jail. They are released there. They are released in Allapattah and they go from Allapattah to Overtown, and from Overtown to downtown Miami, and to East Little Havana, OK, and actually, I don't know what the administration is doing. I know there has been some negotiations or some conversations and all of that, but we need to take a strong position. As City government, we need to take, you know, a strong position. If New York is buying tickets for these people, let's buy them tickets to send them to Puerto Rico, to send them to Hawaii. I mean, you know, let's send them to Hawaii. It's cheaper to buy them tickets and send them to Hawaii. It's much cheaper, so we really need to look at this issue very, very seriously, because, you know, they all know that just send them to Miami. You know, we have everything we need in Miami. We have food. We have shelter. We have medicine. We have doctors. We have everything, so, you know -- and we cannot keep being the problem solvers of the entire United States. We have a lot of problems here, even with immigrants, which is a thing that nobody wants to touch, but we are hostage of the politics of the federal government in relation to South America and Central America. Every single refugee that comes to the United States stays in Miami and we are taking care of the problem, and the federal government is not providing a penny for us to take care of this situation, and those situations that been taken care by the citizens and the taxpayers of the City ofMiami and Miami -Dade County, and you know -- I mean, I don't know how far we're going to go, but something needs to be done. Something needs to be done. Thank you. Chairman Teele: Mr. Manager, did you -- did you have a statement that you wanted to make? Mr. Arriola: No. Actually, what was going to say that could be ready before 90 days, but give me the 90 days just to make sure I don't get myself in trouble, so -- Chairman Teele: Mr. Manager, I think the really critical issue is not just what the City is doing, but how we are -- Arriola: I know that. Chairman Teele: -- interfacing with the countywide, because again, what we're not talking about is the citizens ofMiami are taxing themselves through -- every time they go out and have dinner, they pay a food and beverage tax. A percentage of it goes to the homeless. Disproportionately, that money is collected in the City ofMiami, and I'm reading every day about more federal grants, more federal grants, and you know, with all -- Commissioner Regalado: Fifteen million. Chairman Teele: Fifteen million last week, but the homeless problem is still a neighborhood problem, so let's leave it in 90 days, butt really would like to get that -- and I really would like to get somebody -- who is the lead -- the top -- who is the chain of command in the City ofMiami now on the homeless issue? Who's the top person that's dealing with this on your staff? Mr. Arriola: Actually, believe it or not, this is a situation thatl -- that's very dear to me and I'm being the lead person, talking to the County on all these issues. Mayor Diaz is also being a big - - a huge help coordinating with the County, and some of the other programs. You know, we have staff on it, but -- Chairman Teele: But after you and Mayor Diaz, who's the lead person? Who's going to these Homeless Trust meetings? See, the problem with that kind of argument, from a Harvard School solution leadership point of view is if your point on the Marlins, and if you're the point on the City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 bond rating, ifyou're the point, something ain't getting done. Mr. Arriola: You'd be amazed. A lot of things are getting done. Vice Chairman Sanchez: In other words, who's running the programs in the City? Who's the person? Mr. Arriola: Well, they're coming out of our NET Offices. Ricardo Gonzalez: Ricardo Gonzalez, NET. The person in charge of the Homeless Program for the City ofMiami is a gentleman by the name of Brad Simon. Chairman Teele: Who is the City representative to the Homeless Trust, where all of the decisions are made about policy and money? Who's weighing in for us there? Mr. Gonzalez: Brad Simon. Mr. Arriola: Brad Simon. Mr. Gonzalez: His name is Brad Simon. He's the Director of the Homeless Assistance Center. Vice Chairman Sanchez: Well, maybe he needs to be here at the next meeting giving us an update of what's going on with that, because it continues -- it's a problem that's just not -- it's getting worse. Chairman Teele: Well, let me tell you something about sending a one -star general to a four -star general meeting. Can you imagine what happens? Vice Chairman Sanchez: Yeah, he's three stars short. Chairman Teele: He gets the coffee, the napkins. I've been there, see. So, we need to make sure that whoever is sitting on behalf of the County and the HAC (Homeless Assistance Center) and all of that, that we have comparable ranks, same number stars as everybody else in the room, and if it means that person being -- getting another star, so be it, but we need to make sure that we're really not just criticizing the County, but we're basically weighing in, and the last time I looked, we didn't even go to the meetings, so you can't get money if you're not going to the meetings. Mr. Arriola: The problem, Commissioner -- and you're very aware of this -- staffgets together and they talk. The problems have tremendous reluctance from the top tier and that's why I decided to get involved, because we've talked about this prisoner release and all these issues with the County over and over and over, even before my time, and at the end of the day, it gets to the Manager's Office and it stops, and then they find 20 reasons why it cannot be done. That's the reason I decided to jump in and get involved, because, believe it or not, I think that there's a good will in staff butl think there's a huge reluctance, politically, to get the things moving, and that's the only reason I moved in, not that want to do this, but it's a real issue, politically on the top, that they don't want to cooperate, but we are going to make them cooperate. I promise you that. Chairman Teele: But, Mr. -- Commissioner Regalado: So, when are those meetings? Is it once a month, twice a month? Chairman Teele: Mr. Gonzalez -- City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Regalado: The Homeless Trust. Chairman Teele: Mr. Gonzalez. Commissioner Regalado: Homeless Trust meets at the County building. Chairman Teele: He's asking when does the Homeless Trust meet? How often does that coordinating committee meet? Mr. Gonzalez: Excuse me? Commissioner Regalado: Homeless Trust, when do they meet, once a month, twice a month? - Mr. Gonzalez: I couldn't tell you that. I don't have the specific -- I think it's once a month, but I'm not certain. Commissioner Regalado: OK So, I will be -- if time is OK with you -- Chairman Teele: Why don't you hold that point just for a minute. All right. The motion reoccurs. All those in favor of the motion, that is the motion for the City Manager to make a report on the meeting ofApril 22nd, on the homeless, including the relationships et cetera, say " aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? Chairman Teele: Motion by Commissioner Gonzalez. Would you entertain it, Commissioner, to ask Commissioner Regalado to represent the Commission between now and that meeting in formulating and going -- representing and going to various meetings. Commissioner Gonzalez: Move it. Mr. Arriola: It's last Friday of every month, so you know. Commissioner Regalado: At what time? Do you know that? Mr. Arriola: In the afternoon. I'll get you all that information, Commissioner. Commissioner Regalado: OK I'll go to the next meeting and maybe I understand -- I was there -- Chairman Teele: Motion -- Commissioner Regalado: Twice -- twice. Chairman Teele: You're seconding it? Commissioner Regalado: Yes, I am. Chairman Teele: Discussion on that. You will do this at least for 90 days and -- Commissioner Regalado: Yes, I will. Chairman Teele: Further discussion? All those in favor, say "aye." City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? Mr. Attorney, the other item is this: I would like for you to draw up, for my sponsorship, an item relating to unanimous consent on the sighting of any homeless facilities in the City ofMiami, and again I'm listening to Commissioner Sanchez and Commissioner Gonzalez about districts, and it's very clear to me that what we can't have is three people getting together and putting it somewhere where one person doesn't want, so the intent would be to require unanimous consent on any homeless facility that has to come before either for funding purposes or zoning purposes, and we would appreciate if you would do that. Is that satisfactory to you, Commissioner Gonzalez? Because you expressed that concern a lot. Commissioner Gonzalez: Yes. Commissioner Regalado: It's already in the process. Commissioner Gonzalez: That's perfectly fine. Chairman Teele: What's already in the process? Commissioner Regalado: Read the Miami Today. Chairman Teele: What? Commissioner Regalado: The site is going to the Planning Board. Commissioner Gonzalez: What do you mean the site is going to the Planning Board? Commissioner Regalado: Yeah. One site -- I read in the paper that one site is going to the Planning Board and the Zoning Board. Chairman Teele: Whose district is it going to be in? Commissioner Regalado: I have -- I guess -- Chairman Teele: Nobody's talked to me, so I can tell you right now -- Unidentified Speaker: A site for what? Commissioner Regalado: For the Camillus house. Alejandro Vilarello (City Attorney): Mr. Chairman, Mr. Chairman. Commissioner Gonzalez: I haven't -- let me tell you -- Mr. Vilarello: Mr. Chairman. Commissioner Gonzalez: If that is going to go to the Planning Board -- Mr. Vilarello: Mr. Chairman. Commissioner Gonzalez: -- I'm going to be very, very, very -- you're going to have a very, very upset Commissioner sitting in here. Chairman Teele: Gentlemen, gentlemen, let's -- City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: Because supposedly, they're pretending to have that installation in my district and nobody has sat down with me and explain to me what they're going to do, so you're going to have a very, very upset Commissioner sitting over here. Mr. Vilarello: Mr. Chairman. Chairman Teele: Mr. Attorney, you want to get us back in order. Mr. Vilarello: Please. With regard to any pending applications, certainly I'm not aware of any pending application, but the discussion of any pending applications in the zoning process would be inappropriate at this time. Chairman Teele: Well, I thought we were talking about an ordinance, and not the process itself. Mr. Vilarello: The ordinance that you directed or you're directing me to prepare is an appropriate issue for you to discuss. Chairman Teele: All right. Commissioner Regalado: Mr. Chairman, we -- Chairman Teele: Is the ordinance request an appropriate one? Mr. Vilarello: Yes, sir. Chairman Teele: OK, so we can discuss that, and I would like to do it as an emergency ordinance at the next meeting. Vice Chairman Sanchez: Motion. Chairman Teele: Would you move it, Commissioner Gonzalez? Instructing the City Attorney to draft up an ordinance that requires unanimous consent on the siting of any homeless facilities of more than let's say 20 people. Commissioner Gonzalez: So moved. Mr. Vilarello: It is in the nature of a Zoning Ordinance, which cannot be adopted on an emergency basis, but we'll certainly prepare it for your consideration today. Vice Chairman Sanchez: Second, but not under an emergency ordinance. Chairman Teele: But it will be considered today for first reading. Mr. Vilarello: We'll prepare it for you to consider today. Chairman Teele: Fine. Thank you. Commissioner Gonzalez: As mover of the motion, could you bring that back to this Commission this afternoon? Chairman Teele: Yes. That's what he's doing. Commissioner Gonzalez: Please. City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: That is the motion. Madam Clerk, you got the motion and second. All those in favor, say "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed? EM.2 03-0409 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12279, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 03-0409- cover memo.pdf 03-0409- appropriation adjustments.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, 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, Sanchez and Teele Absent: 1 - Commissioner Winton 12474 Larry Spring (Chief Strategic Planning, Budgeting & Performance): Do you want to do EM.2 first? Chairman Teele: EM.2 and 3. Mr. Spring: OK, all right. Chairman Teele: Go right ahead, sir. Mr. Spring: Larry Spring, Chief of Strategic Planning, Budgeting & Performance. Commissioners, before you is an emergency ordinance amending Ordinance Number 12279, the annual appropriations for the fiscal year ended September 30, 2003. The nature of this amendment is to appropriate the financial transactions posted by finance to close out the fiscal year in accordance with GASB (Goverment Accounting Standard Board). This closeout appropriation is required to maintain compliance with the City's Financial Integrity Ordinance. I respectfully ask that you approve this ordinance. Chairman Teele: What is the significant item in this ordinance that we should be aware of? Mr. Spring: The significant -- the most significant item in this ordinance is the pass -through pension -- Vice Chairman Sanchez: Fire and Police. Mr. Spring: -- for Fire and Police that total approximately nine point three million dollars. Vice Chairman Sanchez: How much? City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Spring: Nine point three million. These are not expenditure -- they're not expenditure of the City's, but rather a pass through from the State to the pension fund. Vice Chairman Sanchez: Would you break it down for me? How much is Fire and how much is Police? Mr. Spring: Fire is three million, seven sixty-three, o-ninety-one, and Police is five million, six seven -eight, five sixty-five going to either pension trust. Chairman Teele: For discussion. Is there a motion and a second? Commissioner Gonzalez: Move EM.2, Mr. Chairman. Vice Chairman Sanchez: Second. Chairman Teele: Motion and a second. Discussion on the item. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Is this the actual closeout ordinance now? Mr. Spring: Yes, it is. Chairman Teele: So the next time that you will come back before us with a budget ordinance would be the so-called mid year adjustments, is that -- Mr. Spring: Well, besides the one today. Chairman Teele: Besides the one today. Mr. Spring: Yes. It would be the mid -year. Chairman Teele: But normally there's a mid -year adjustment in -- Mr. Spring: Correct Chairman Teele: --May, June --April, May, June? Mr. Spring: Correct. Chairman Teele: When will you be coming back with the mid -year adjustment? Mr. Spring: Around that same time, May or June. I haven't really -- Chairman Teele: All right. Mr. Spring: April, May. Chairman Teele: All right. The two points that I would ask the Manager to consider are the following ones: It's my understanding that both the Mayor and several Commissioners have expressed an interest in again -- and this is the full-time/part-time issue -- of having some conversions in GSA (General Services Administration) as it relates to the Mayor's Protocol Office. I want to very much be in support of that. I would imagine the financial implication of that would be less than twenty thousand dollars, butt would hope that in the mid -year adjustment we can do that, and I would particularly point out that the proclamation, for example, that we did today are professionally done, and it's important that those people be City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 integrated with Civil Service rules, et cetera, all right? The second one is the issue of the statistician Ph.D type, in conjunction with the Planning Department and the Clerk's Office. We need a full-time or a significant role in our elections component, particularly in understanding the statistics of where we are in keeping the record straight, which we really are having some problems doing, and a lot of it has to do with the interface. I think, if we have a challenge in this November election, in 2004, we're all are going to be on CNN (Cable News Network) pointing fingers at each other and at the County and the City with election debacles, and I'm telling you, when you've got me in the wrong district, and I'm voting in the wrong place for the wrong ballot, which didn't happen because there was nothing on the ballot, but it can -- very well would have, we've got some serious issues that need to be worked, and we cannot just rely on the County, and I'm asking that you would do that, and then the final issue -- Commissioner Regalado: Mr. Chairman. Chairman Teele: Yes, sir. Commissioner Regalado: On that point, I need to give you and my colleagues a report when ever possible today regarding elections and it may carry some costs in terms of early voting for the presidential primary ofMarch in the state of Florida, in the City ofMiami, and as requested by the City Commission, and then in May, we will have to decide on the early voting sites for the August 31 st primary and especially the presidential election of November 2004, so this is -- Larry, this is going to carry some costs involved, but it's a matter of serving the residents of the City ofMiami, so I don't know if you want to just include this in one of these ordinances or wait until we finalize the cost. Chairman Teele: Mid year. Mr. Spring: Well, I was going to say, we could do it at mid -year. I was also going to suggest -- Commissioner Regalado: But remember, the March -- well, the March -- Chairman Teele: We can do it. Mr. Spring: It's coming -- Chairman Teele: We can act now with a resolution that we will implement it as the financial implication, mid -year, but what would like to do is schedule later on this afternoon for a discussion, after the zoning hearing, a discussion on the early voting and all of that for the March precinct. Commissioner Regalado: I have the report, along with the City Clerk ready to do it. Chairman Teele: Is that in writing or are you -- Commissioner Regalado: No. No. Chairman Teele: OK. Further discussion -- and the final thing, Mr. Manager -- and, again, I really would hope that you and the Parks Director would meet on this because there are some real challenges in our Human Resources and the old culture that we've got developed here in the City. We need to make a very clear statement that we're going to convert people that have worked in this City for some number of years. I'm looking to you to come back to us and tell us, based upon the finances and all of that, and what's in the pipeline, but we should not have people working here 30 years and they retire with not even a gold watch. They don't get health, they don't get anything, and that's just not right, and so I would hope that we could adjust some of that in the mid -year budget. Are there other items of concern in the budget? Commissioner City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Gonzalez, did you have any issues relating to the Police or anything? All right. If not -- Commissioner Regalado: We're doing -- Mr. Spring: EM.2. Chairman Teele: EM.2. Commissioner Regalado: Which is last year. Mr. Spring: Is the closeout for last year. Chairman Teele: The closeout for last year. Mr. Attorney, would you read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0. EM.3 03-0410 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) AMENDING ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 03-0410- cover memo.pdf 03-0410- exhibit 1-appropriation adjustments 03-0410- exhibit 2- table of organization.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12476 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Winton absent, to request the City Manager to make a full presentation in connection with the mission of the Neighborhood Enhancement Team (NET) Offices, including the physical facilities, budget plan, scope of services, the role, etc. at the Commission meeting currently scheduled for February 26, 2004. Chairman Teele: EM.3. Larry Spring (Strategic Planning, Budgeting & Performance): I have a floor amendment that I passed out that I would -- City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: Move EM.3 -- Chairman Teele: For discussion. Commissioner Gonzalez: -- for discussion. Vice Chairman Sanchez: Second for the purpose of discussion. Chairman Teele: Move it for purpose of discussion. This is a public hearing. Any person desiring to be heard on EM.3, Emergency Ordinance Number 3, should come forward. Any person wanting to be heard on Emergency Ordinance Number 3, relating to the appropriations for fiscal year 2003/04. There are no persons coming forward. The public hearing's closed. Mr. Director, you're recognized for floor amendments. We have it printed before us. Mr. Spring: Yes, yes. I just passed out copies of the floor amendment. The nature of the floor amendment was really to clarify the separation on the Code Enforcement -- the office of NET ( Neighborhood Enhancement Team) split, and that it is not a creation of two departments, but rather a creation of -- a split of an office into two offices, still under the office of the City Manager. Chairman Teele: Does the maker of the motion, Commissioner Gonzalez, and the seconder, do you all accept the floor amendment as proffered by the director? Vice Chairman Sanchez: Just for point of clarification, under the City Charter, the City Manager cannot have a department under -- so, basically, for my point of clarification, these will be offices? Mr. Spring: These are offices. Vice Chairman Sanchez: OK. And just to clarify that. The NET Offices -- and I was not around . I don't think either one was around when Cesar Odio started the NET Offices. At one point, I remember the talks were that the NET Offices were not to cost the City any money. Today it's costing us five million dollars. I don't have a problem because I think we're seeing positive things out of the NET Offices, so I just wanted to make that statement, and the other issue is that just to make sure that we are within the boundaries of the laws pertaining to our City Charter. Mr. Spring: Absolutely. Chairman Teele: Do you all accept the amendment as the ordinance, so that will be the one that we'll be acting upon? Further discussion on this ordinance? Commissioner Regalado. Commissioner Gonzalez, Commissioner Regalado. Commissioner Gonzalez: I would like to know if someone can explain to me what will be the mission and the role and the activities of the dismantled NET Offices that we have today. Mr. Spring: Actually, I'll let the two -- Commissioner Gonzalez: Because the purpose of Cesar Odio -- and I don't know if it was Cesar Odio -- whoever it was to create the NET Offices was to bring government to the people, to the neighborhoods, so people that needed to get some services from their government didn't had to go to a centralized office in downtown or whatever the office was. Back then it was at 1145 Northwest 12th Avenue, I believe, before they went to the MRC (Miami Riverside Center), and that was the intent purpose of the NET Offices. Now we have disbanded the NET Offices. We -- somebody got the inspectors. Another department got some other people. We got -- did away with the Public Service Aides, so whatever they call them that used to get the police reports on City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 crimes and all of that, and let me tell you, I hope that whatever is being done is the right thing, because I was at a community meeting in Grapeland Heights last week or two weeks ago, and I heard something that is very, very scary, and it is that people are not reporting minor crimes because they don't want to go to the main police station in downtown to make these reports. That brings as a consequence that we may have undetected crimes in our neighborhoods that we don't know about because people are not reporting the crimes. Second, the numbers that are presented to us by the Police Department on their (unintelligible) brochures every month are not realistic. They're realistic according to the number of crimes that are submitted to them, but there are -- I don't know how many more crimes out there that are not being reported. There has been a trend in the City to cut services and to cut services and to cut services. Before, no matter what, you called the police and the police will go to your house and write a report. We did away with that. Now you call the Police Department and in many, many, many cases and they'll tell you that you have to go down to them because the citizens work for the department. Instead of the department working for the citizens, the citizens and the taxpayers work for the Police Department, and many people decide not to go and make a report because maybe they don't have insurance. Their report isn't worth it because if they get a report, they won't be able to collect from insurance company, but at least when we had these type of services in the neighborhoods, people had a place where to go to. I had a case in my district of a person that had a crime committed against him. He called the police. The police told him, no, you have to go to the substation on 22ndAvenue. The guy went to the substation on 22ndAvenue. when he got there, he was told to go to the main police station in downtown. The guy went to the main police station in downtown. When he got there, in the front desk, he was told that there was no one there that can speak Spanish in a City where I don't know, 67 percent of the people are Spanish, but they don't have a Spanish officer, so the end was that the guy didn't make a report, and the guy said, "My claim was a very small issue, but let's say that I walk into that police station and I was going to report a murder or I was a witness of a big crime, there was nobody there to take care of me," OK? So I want someone to explain to me, because I'm a strong believer of the NET concept. I always believe in NET, and maybe because there were two or three nets that were not working properly, that doesn't mean that you're going to -- that you should abolish all NET Offices and -- you know, I also heard comments that the NET used to be the kings of the -- the princess of the king or whatever. You know, they use those philosophical terms for NET and now they want the kingdom to belong just to one person instead of belonging to different, you know -- so, I don't know. I just want to know what we're doing, because as far as I'm concerned -- as far as I know, we only have two people assigned to each NET. The director and another person. Ricardo Gonzalez (NET Director): It's actually three people. Commissioner Gonzalez: Is that correct? Hr. Gonzalez: The director, a service center rep and a service center aide. Commissioner Gonzalez: Pardon me? Hr. Gonzalez: A director, a service center rep and a service center aide. Commissioner Gonzalez: And a service center -- Hr. Gonzalez: Yes. Commissioner Gonzalez: What is the service center aide? What does that person do? Hr. Gonzalez: Support the service center rep. Commissioner Gonzalez: Support -- City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Gonzalez: The service center rep. Commissioner Gonzalez: OK And what is the rep supposed to do? Mr. Gonzalez: The rep is the representative of the City at the -- Commissioner Gonzalez: That is why it used to be called the NET Director? Mr. Gonzalez: No, no, no. There is a NET Administrator, who's the eyes and ears of the City in that district. We still have the NET Administrators. We haven't changed anything. Chairman Teele: Mr. -- Commissioner -- Commissioner Gonzalez: I don't know. Chairman Teele: -- let me tell you this. Nobody's more frustrated and -- with concern, not upset but concerned than I am, and I think -- about the NET -- because as I've shared with the Manager, when I was told a couple of weeks ago that the Model Cities NET was being proposed to be merged with the Little Haiti NET, well that's 85 percent of my whole district, and that doesn't work for a lot of reasons. It's very clear to me that the Commission needs to weigh in on where NET is, where it's going, what we're doing. However, what I want to establish with the Budget Director, first and foremost, with the ordinances on the table is the thing that Commissioner Gonzalez and Sanchez first raised. Number one, does this change the budget or staffing of the NET, other than separating NET from Code Enforcement? Mr. Gonzalez: No, it does not. All it is doing is taking the appropriated budget that was appropriated in September and splitting it between Code Enforcement and NET. There is an addition of four individuals, but they were also funded in the Finance Department and they are code inspectors that are being transferred from Finance to Code Enforcement. This conceptual Code Enforcement Office, so -- but there is no additional funding being proposed. Chairman Teele: So, the organizational plan that we approved as a part of the budget in September, which includes NET, remains the same in terms of the organization, just some of the disciplines that are within them are being separated out? Mr. Gonzalez: Correct. Chairman Teele: Are we reducing any NET Offices, in terms of the number of NET Offices as a result of this? Mr. Gonzalez: No. No. This is just a budgetary split and a table of organization split. Chairman Teele: Then what I would recommend we do, in the spirit of what Commissioner Gonzalez -- Commissioner Gonzalez: Let me clarify that. We might not be reducing any NET Offices under this proposed legislation today, but there are plans to reduce NET Offices; is that correct? Mr. Gonzalez: There is a plan to study what we're doing now, and in consultation with the Commission, arrive at some decision in terms of the NET Offices. There are 13 NET Offices today. There will continue to be 13 NET Offices. I've had discussions with I believe all of you, and you know, if you talk about plans to consolidate some offices, yes, there are ideas about consolidating offices. City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: That is a reduction of NET Offices. Mr. Gonzalez: Yes. Excuse me? Commissioner Gonzalez: And that automatically -- the consolidation of offices automatically becomes a reduction of NET Offices. Mr. Gonzalez: Yes, yes, yes. Commissioner Gonzalez: OK Chairman Teele: All right. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: I -- you know, we just got this mission statement and we don't have time to read it now. I think that I would like to have some time, if you please on the next meeting, to discuss the mission of NET according to the City Commission, and I think, you know, if there is something and some department where we can weigh in is the NET, because it's the daily work Chairman Teele: But as long as we're not talking about personnel and we're talking about -- Commissioner Regalado: No, no, no, no, no, no personnel. Mission statement. The role of the NET. I mean, you can use whoever you want, whatever you want, and you know, the sites and all that. That's not my point. I feel that all of the members of this Commission can really understand what should NET be doing, and that is basically -- so, for the next Commission meeting, if you -- Chairman Teele: With your permission, instead of doing it on the 12th of February, could we give them till the 26th so they can come in? Commissioner Regalado: Absolutely, absolutely. Chairman Teele: Because I think one of the things they ought to be coming in is the physical facilities and the budget plan and -- because we've got some NET Offices that are totally -- and we need to try to standardize or at least bring to a level of acceptance, but the motion would be a motion requesting that the Manager make a full presentation on NET at the -- Commissioner Regalado: We'll have a full discussion. I mean, the Manager doesn't -- Chairman Teele: Full discussion on NET on the February 26th meeting, as a special item. Is that -- Vice Chairman Sanchez: To focus on the scope of services, which is, I think, the most important issue -- Commissioner Regalado: Mission. The mission statement. Chairman Teele: The mission, the scope, the role, the physical structure, the budget, the whole nine yards, the "A" to "Z" of NET. Is that acceptable to -- is there a second? Vice Chairman Sanchez: Second. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Is there objection? All in favor of that motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Regalado: Mr. Chairman, on the budget amendment. Mr. Budget Director, two things. Code Enforcement, I was told, needs some adjustment for the attorney there. Mr. Manager, I don't know. I was told that I should bring legislation because you already have decided something. Joe Arriola (City Manager): No. I'm going to bring it up in the next meeting. Commissioner Regalado: OK Mr. Arriola: OK. I just didn't want to -- Chairman Teele: On what? Commissioner Regalado: Code Enforcement. Mr. Arriola: The attorney for Code Enforcement. It's going to be on the next agenda. Commissioner Regalado: OK The other thing is, the Commission directed me to bring the compensation packages of the City Clerk and the City Attorney. I did. You all approved it. Within that conversation, there was a direction from Commissioner Teele that was approved by the Commission many months ago, regarding a position for a personal assistant for the City Attorney in terms of dealing with the City Commission issues and all that, so I just want to make sure that it's included on the -- Mr. Spring: Mid year, when we bring it. Commissioner Regalado: Well -- Chairman Teele: In the mid -year. Commissioner Regalado: But he needs to hire somebody. Chairman Teele: Well, if -- Commissioner Regalado: It's only half a year. Chairman Teele: If the Manager and the director agree on that now, they can administratively tell them to go ahead and hire because he's got money in his budget. I mean, the problem would be, if they don't agree with it, then he's going to have it because he can just add it onto his budget. Alejandro Vilarello (City Attorney): Mr. Chairman, ifyou would -- in order to hire an additional Assistant City Attorney, I need a resolution adopted by the City Commission. You can do that, and I can work out the details of the dollars with the Budget Director separately. This ordinance before you doesn't change the head count at all that this City Commission approved in September. Chairman Teele: Well, I'm in support of it, but I think you and the Manager and the Budget City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Director need to sit down and agree on it, and then bring the resolution back, and we're all saying the same thing, that would change the head count, that would be a statement of intent regarding the mid year budget, and we would move forward. Are you going to support thatHr. Budget Director? Mr. Spring: Yes, I can, and I was going to say, I can proffer that I can actually come with the budget amendment in a month -- you know, in a month's time or when we -- you know, another budget amendment. Chairman Teele: Well, why don't you do this then. If you all are in agreement on it, why don't we just take it up later on this afternoon as a separate resolution relating to that. Mr. Spring: That's fine. Chairman Teele: Because it always takes 90 days, 120 days to hire somebody, so I mean it doesn't make sense to wait and it will be 90 days before that person get on. Mr. Spring: Not a problem. Chairman Teele: All right. Further discussion? We've had a public hearing; is that correct? Priscilla A. Thompson (City Clerk): Yes, sir. Chairman Teele: Madam -- Mr. Attorney, read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. We're going to have to hold the roll call until we have at least four Commissioners, and if anybody's -- Could we read the ordinance again, that we just did on emergency -- again, Mr. Attorney? Commissioner Gonzalez: EM.3. Mr. Vilarello: This is an ordinance of the Miami City Commission amending Section 22-12 of the Code of the City ofMiami, Florida, as amended, to provide for a five-year residential solid waste -- Chairman Teele: No, no, no, the EM.2. Mr. Vilarello: Oh. Chairman Teele: The one that we didn't vote on, and he went out and we took up another one. I just want to make -- Ms. Thompson: EM.3. Chairman Teele: EM.3. Commissioner Regalado: EM.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: The original maker and seconder on the modified motion, Gonzalez, Sanchez. Roll call. City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The item has been passed an as emergency ordinance modified, 4/0. Chairman Teele: All right. Commissioner Regalado: Don't we have a second reading? Chairman Teele: No. That was -- Ms. Thompson: Right. Emergency ordinance does require two readings. Thank you. Second reading on the ordinance -- I mean second vote on the ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: Now it's adopted. Thank you, sir. Commissioner Regalado: Thank you. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Just -- I think it is a great idea to come to the residents of the City of Miami. I still say we have some glitches. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 ORDINANCES - SECOND READING SR.1 03-0342a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR A FIVE YEAR RESIDENTIAL SOLID WASTE FEES FREEZE AT $325, COMMENCING FISCAL YEAR 2003-2004 AND ENDING FISCAL YEAR 2008-2009; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0342a- memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12475 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Winton absent, to instruct the City Manager to develop a media and comprehensive information program, including direct mail, to explain to homeowners by means of a four panel pamphlet that includes graphs to show the effects of the freeze on the solid waste fees, what the savings are, how much the City pays to the County, what the fees would have been and what it is, and how much the savings is going to be over the next five years. Chairman Teele: All right, in the meantime -- Vice Chairman Sanchez: Mr. Chairman, I so move SR.1 Chairman Teele: SR. ]has been moved. Vice Chairman Sanchez: Second reading. Commissioner Regalado: Second. Chairman Teele: Is there anyone here from the public that would like to be heard on a freeze of residential Solid Waste fees? Vice Chairman Sanchez: No. I don't think anyone's going to oppose that. Commissioner Regalado: No, nobody oppose that. Chairman Teele: -- and object -- if not, Mr. Director, you want to make a total -- Larry Spring (Chief of Strategic Planning, Budgeting & Performance): I just wanted to give the Commission the benefit of all the knowledge on the issue on the record. Just to state that the freezes that we've done from 2001 to the current fiscal year have provided a three point nine million dollar savings to the citizens, and the freezing for the remainder of the period from this fiscal year to 2009 would result in a financial impact of six point five million dollars. Chairman Teele: Thank you very much, Mr. Manager -- Mr. Director. You've done your job. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Attorney, would you read it? The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been adopted on second reading, 4/0. Chairman Teele: I think this is one of the most significant things that we're going to do for the residents of this community and we're going to save them literally a thousand dollars over the next five years in the cost of the fees, and I would ask Commissioner Regalado, if you would make a motion to instruct the Manager to develop a media and information program including direct mail, to go out to every homeowner and explain to them what the savings is -- explain to them not just what this is, but about this solid waste bill, how much we pay to the County, the whole nine yards. We should do a comprehensive brochure so that the people know exactly what is going on. Do you agree, Mr. Manager? Joe Arriola (City Manager): Absolutely, absolutely, and appreciate Commissioner Regalado being in the forefront on this. Commissioner Regalado: I -- Vice Chairman Sanchez: Mr. Chairman, also clearly stating why. There's a purpose why we did this, because we basically asked them to support the parking surcharge in the referendum. It was part of our commitment, legislative commitment to them for that support, and they went out and supported these referendums and saved the City millions of dollars, and that's why we're able to do that, so it has to be clearly said that that's the purpose. Chairman Teele: I think we need a four panel pamphlet that includes some graphs that shows what it would have been and what it is, how much it is, the savings it's going to be, what Commissioner Sanchez is saying. The reason we're doing this is not to be good guys. The reason we're doing this is that the voters supported this Commission by imposing a parking surcharge that's going to generate over that same five-year period of time -- Commissioner Regalado: And the Commission promised. Chairman Teele: -- upwards of -- what is that, about thirteen million a year, at this point? Commissioner Regalado: Six point five. Mr. Spring: The parking surcharge was at -- the parking surcharge is the question, correct? Commissioner Regalado: No. He -- Chairman Teele: The parking surcharge is going to generate how much money? Mr. Spring: Well, with the new level, it will be about ten million dollars a year. Chairman Teele: So, over the next five years, they're generating fifty million dollars for the City, and we're giving them a savings -- Commissioner Regalado: Six point five. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: -- of six point five at the same time, and that's a good deal for everybody, and I appreciate you raising the objection, but I think it really needs to be explained and it needs to be explained in very good detail, as Commissioner Sanchez is doing, so we have that motion and a second. Do we have a second on that by Commissioner Sanchez? Commissioner Regalado: Mr. Chairman, I think -- Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 ORDINANCES - FIRST READING FR.1 04-00001 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS AND THE CULTURAL AFFAIRS COUNCIL FOR PROMOTIONAL MATERIALS FOR THE ICHIMURA MIAMI-JAPAN GARDEN ON WATSON ISLAND, IN THE AMOUNT OF $2,080, AUTHORIZING THE APPROPRIATION OF SAID GRANT FUNDS INTO DEPARTMENTAL REVENUE PROJECT NO. 050101.143; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-00001- cover memo.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Teele Absent: 2 - Commissioner Regalado and Winton Direction to the City Manager: by Chairman Teele to provide a status report by the next meeting, with input from the Departments of Law, Capital Improvement Projects (CIP), and Parks on a comprehensive approach to the renovations of the Ichimura Miami -Japan Garden on Watson Island. Chairman Teele: OK. We've got FR.1 and 2. Is there a motion on FR.1? Commissioner Gonzalez: Move FR.1. Chairman Teele: Is there a second? Vice Chairman Sanchez: So moved. Chairman Teele: All in -- I'm sorry. This is a public hearing on first reading for the acceptance of a grant and approximately two thousand dollars for the Watson Island. Any person desiring to be heard should come forward. No persons are coming forward. The public hearing's closed. Mr. Attorney, would you read the item into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/0. Vice Chairman Sanchez: Mr. Chairman, on that issue, there was an article in the paper pertaining to the Ichimura Miami -Japanese Garden -- Japan Garden. There was an article that basically they did not -- they ran out of money. It made the City look bad. It made us look like a laughing stock on these projects that, you know, they ran out of money for whatever and the contractor walked out. You know, at the end of the day, it's not the contractor or Parrot Jungle. City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 It's the City that they look at and, you know, in my opinion, I think somebody's head should roll for this one, and I want to know who from the City or from whatever we ended up in that situation, because once again, it's a laughing stock for the City ofMiami when we end up in situations like this, so -- Chairman Teele: Who's the department head? That's a good head to roll. Vice Chairman Sanchez: Well, you know, Parrot Jungle says they don't have the money, and now the City says that there are no funds, so at the end of the day, you're going to have a park that it's in City property that's not completed. You're going to have people upset, and we might be even offending some people on the issue, so that's a concern thatl have. Chairman Teele: Mr. -- Vice Chairman Sanchez: Keith, I hope it's not your head that roll, because I like you. Keith Carswell: Mr. Chair, Keith Carswell, Director for Department of Economic Development. In reference to the article that appeared in The Herald, I believe it was on Monday, in the original agreement with Parrot Jungle relocating to Watson Island, there's a little clause in there that mentions the Japanese Garden and itjust says that Parrot Jungle would be responsible for relocating the garden. That was it. That was the extent of it. Over a period of time, through the Real Estate and Economic Development Department, at the time over a half a million dollars in grants were secured from various sources. Those monies were put on the table for the development of the garden itself. There is money available. It will not totally complete the garden, but it will be a functional garden. There will be some other components that will be added over time. We -- I've been in conversations with the contractor for several weeks. We actually have a meeting tomorrow. There is funding available to get the project moving. Vice Chairman Sanchez: But one of the concerns that they have was that due to the situation or the circumstances, it jeopardizes their grants that they'll be receiving to complete the project, and at the end of the day, I think the City, as always, is going to have to step in, and I rather that we not because there is an agreement where we need to hold people responsible for their actions, but once again, the article didn't make Parrot Jungle -- or apply the fault to Parrot Jungle or the contractor. It was the City, because it's in our property, so -- Mr. Carswell: I agree and that's why we're working to resolve this issue. Vice Chairman Sanchez: So, the issue will be resolved? Mr. Carswell: We're meeting with the contractor tomorrow. There is potentially three hundred and ninety-four thousand dollars that's available. We have to make sure we match up the invoices. There are some insurance issues we're working through with our Risk Management Department, but there is money available to move the project forward. Vice Chairman Sanchez: Thank you. Chairman Teele: Let me understand this. You're saying that you're putting your head on the line to make sure that this project is done right? Mr. Carswell: I didn't say that. I said the project is moving forward. Chairman Teele: Well, I'm in one hundred percent agreement with Commissioner -- Vice Chairman Sanchez: Commissioner Teele, you have basically stated -- you know, when we write -- when we start writing these contracts and these agreements, you know, we need to dot City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 our "I's" and cross our "T's" and make sure that at the end of the day, we have legal ground to make an argument and we have the right, with all due respect, to point the finger at people and say, no, no, no, no, it's not our fault. It's yours, and therefore you are the one that's responsible. I mean, we must be a government of responsibilities. If we're going to show -- in other words, you can't tell somebody maintain your property clean, as has been stated here before, and then you have a City building that looks like a doghouse. Chairman Teele: Right. Vice Chairman Sanchez: Those are the things that we really -- we need to lead as an example, so we need to focus on making sure that when we do prepare these contracts or these agreements, I mean, we apply our resources to make sure that we have every right to point the finger at people and say it's your fault, not ours. Chairman Teele: Mr. Carswell, let me just echo what Commissioner Sanchez is saying, and I will say this, even though Commissioner Winton is not on the table. That garden is the property of the public. It is public property. It is a park, in essence, open space, for which we're just the trustees, we, the Commission. We cannot -- at the end of the day, we are responsible, whether it be the contractor or Parrot Jungle. At the end of the day, we are the trustees, the stewards for the public ownership of this land, and I would only endorse what Commissioner Sanchez is saying, and I would ask that you all come back at the next meeting with a report that includes input from the Parks Department, from the Law Department, and most of all from Capital Improvement on a comprehensive approach to this, and I will urge the Manager to make sure that dollars aren't the issue, because we cannot get caught up in going back and forth about dollars for something that's involving the public. That doesn't mean that we don't file a lawsuit or we don't do what we've got to do to protect the public's interest, but this park belongs -- this public space belongs to the public. Doesn't belong to Parrot Jungle. Doesn't belong to the contractor. It belongs to the citizens of this City and we are the trustees, the stewards to ensure that it's there, and thank you Commissioner Sanchez for bringing that up. Did we vote on that item? Yes. You brought that up at the end. FR.2 04-00020 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY'2004 MIAMI-DADE COUNTY SURTAX FUND" TO PROVIDE MULTI -FAMILY HOUSING REHABILITATION FOR PROPERTIES WITH EXPIRING CONTRACTS FOR SECTION 8 PROJECT BASED HOUSING UNITS TO INCREASE AVAILABILITY OF DECENT AFFORDABLE HOMEOWNERSHIP AND RENTAL HOUSING UNITS, AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,000,000, TO SAID FUND, CONSISTING OF A GRANT RECEIVED FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR IMPLEMENTATION OF THE GRANT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00020- cover memo .pdf 04-00020- letter from MDCED .pdf 04-00020- funding recommendations MDCED .pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Teele Absent: 2 - Commissioner Regalado and Winton Chairman Teele: FR.2. Commissioner Gonzalez: Move FR.2, Mr. Chairman. Vice Chairman Sanchez: Second. Chairman Teele: What are we doing here, Madam Director? Commissioner Gonzalez: Accepting a grant. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. We've been awarded one million dollars of section -- of surtax dollars from the County. This is going to be to deal in the Little Havana area on buildings that have expired Section 8 vouchers. Chairman Teele: So, is this a rehab program for Section 8? Ms. Rodriguez: Yes. Chairman Teele: It's not in my district, is it? Ms. Rodriguez: It is not. It's going to be handled by the Little Havana Advisory Board. We had a meeting last week and they will be entertaining what are the guidelines to access these dollars from those buildings. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing's closed. Mr. Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/0. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 RESOLUTIONS RE.1 03-0186 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ACQUISITION OF SOFTWARE LICENSES AND ANNUAL SOFTWARE SUBSCRIPTIONS FOR THE NX5800 CLEARPATH AND CLU6000 TAPE BACKUP SYSTEMS, FROM UNISYS CORPORATION, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 252-000- 03-1, EFFECTIVE THROUGH JULY 31, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW THE LICENSES AND SUBSCRIPTIONS FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $171,851 FOR THE FIRST YEAR, AND IN AN ANNUAL AMOUNT NOT TO EXCEED $106,576, FOR EACH EXTENSION PERIOD; ALLOCATING FUNDS FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.6.670, SUBJECT TO BUDGETARY APPROVAL. 03-0186- cover memo.pdf 03-0186- budgetary impact analysis.pdf 03-0186- IT Hardware contract.pdf 03-0186- award under state of Florida.pdf 03-0186- legislation.pdf WITHDRAWN The City Attorney WITHDREW item RE.1 on behalf of the City Manager. Chairman Teele: Is RE.2 being deferred also today, Mr. -- this is the resolution -- acquisition of software for listening -- Vice Chairman Sanchez: Mr. Chairman -- Alejandro Vilarello (City Attorney): RE.1 is being pulled by the Manager. Chairman Teele: RE.1. City ofAliami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 BOARDS AND COMMITTEES BC.1 03-0316 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Max Cruz Commissioner Tomas Regalado Maritza Gutierrez Commissioner Tomas Regalado 03-0316-cover memo .doc Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0040 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Winton absent, to appointMax Cruz and Maritza Gutierrez as members of the Orange Bowl Advisory Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Winton absent, to waive the residency requirements in Section 2-884 of the Code of the City ofMiami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to the appointMax Cruz and Maritza Gutierrez as members of the Orange Bowl Advisory Board. Chairman Teele: I want to welcome the residents of the community from the Little Haiti Edison Credit Union. Commissioner Regalado, before you leave, did you have any appointment to the Orange Bowl Committee or the Overtown Advisory Oversight Committee, before you leave? Commissioner Regalado: Yes, sir. I really do. Thank you. Chairman Teele: BC.1 and BC.2. Commissioner Regalado: The Orange Bowl Advisory Board, Max Cruz and Maritza Gutierrez. Chairman Teele: Moved. Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: They're approved. Did anyone else have -- City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Priscilla A. Thompson (City Clerk): I'm sorry, sir. I'm sorry. Max Cruz needs an elector waiver and so does Ms. Gutierrez. Commissioner Regalado: Yes, with a waiver. I'll move -- Chairman Teele: We'll vote again with the waivers for the two of them together. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed with the waiver. It's unanimous. Chairman Teele: Are there any other appointments to BC boards? Commissioner Sanchez. Vice Chairman Sanchez: I would like to reappoint both members to the Orange Bowl Advisory Board. Do they need any waivers, Madam Clerk? Ms. Thompson: Yes. Arthur Hertz would need an elector waiver. Vice Chairman Sanchez: OK. So moved. Chairman Teele: Would you read the names into the record? The motion on Arthur Hertz with a waiver. Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye" The Commission (Collectively): Aye. Chairman Teele: Does that require four votes? Ms. Thompson: Yes, it does. Chairman Teele: Grab him and ask him if he would just say 'yes. " Vice Chairman Sanchez: Is Arthur Hertz my only --I have one open position, correct? Ms. Thompson: No. According to our records -- well, all of the seats, you can re -- you can either reappoint or appoint someone new. Vice Chairman Sanchez: I understand, but who's my other appointee? Ms. Thompson: Lewis Freeman. Vice Chairman Sanchez: He will not be reappointed again. Chairman Teele: All right. He's gone. Ms. Thompson: So, the motion -- Chairman Teele: We'll leave those open until after lunch. Commissioner Gonzalez, did you have any? Commissioner Gonzalez: I'm deferring my two appointments for the Orange Bowl Advisory Board. City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 BC.2 04-00010 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERSIGHT COMMITTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Juan F. D'Arce, Jr. Commissioner Angel Gonzalez Tony Crapp, Sr. Commissioner Tomas Regalado David Marko Vice Chairman Joe Sanchez 04-00010-cover memo.doc Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0041 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to appoint Tony Crapp, Sr. as a member of the Oversight Committee for the Southeast Overtown/Park West and Omni Redevelopment Disfrict Community Redevelopment Agencies. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Winton absent, to appoint Juan D'Arce, Jr. as a member of the Oversight Committee for the Southeast Overtown/Park West and Omni Redevelopment Disfrict Community Redevelopment Agencies. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, to appoint David Marco as a member of the Oversight Committee for the Southeast Overtown/Park West and Omni Redevelopment Disfrict Community Redevelopment Agencies. Commissioner Regalado: The CRA (Community Redevelopment Agency) Oversight Committee, BC.2, Tony Crapp, Sr. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: And I will appoint Juan D'Arce for the CRA (Community Redevelopment Agency). Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All iffavor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: He's a resident of Overtown, by the way, and a property owner in Overtown. Chairman Teele: Good. Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman, on BC.2, I would like to appoint David Marko. Chairman Teele: David who? Vice Chairman Sanchez: David Marko. Chairman Teele: Is there objection? Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Further appointments? OK. City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 DISCUSSION ITEMS DI.1 04-00014 DISCUSSION ITEM DISCUSSION CONCERNING THE CONCERNS RAISED BY THE AREA HOMEOWNER ASSOCIATION ON THE OPERATIONS AND MAINTENANCE OF THE HADLEY PARK FACILITIES. 04-00014- cover memo.pdf 04-00014 - park report.pdf DISCUSSED Direction to the City Manager: by Chairman Teele to meet with Mr. Herschel Haynes and representatives of the homeowners association regarding pending concerns on the operation and maintenance of Hadley Park. Direction to the City Manager: by Chairman Teele to encourage parks directors to attend college classes and related training. Chairman Teele: All right. Mr. Manager, with your permission, I'd like to call Discussion Item Number 1, which is set for this afternoon forward. This is a discussion item based upon some complaints and concerns from the Hadley Park facility, and I assume the Parks Director and the Community Development Director are available on that, and we do have copies of this voluminous book. Santiago Corrada: May I, Mr. Chair? Good morning. Santiago Corrada, Director of Parks &Recreation. Good morning, Commissioners, Mr. Manager. As a result of Commission action on the Commission meeting of November 25th, we were asked to come back with a report on the operations and management of Hadley Park. Within the last week, I've had the opportunity to share this report with Chiefs of Staff and some Commissioners, when we were able to make time to get into the offices. We have a full report that we have highlighted, and the report gives a brief history on the park. Of course, the park was referred to, and many years ago, as Manor Park. It's at Northwest 12th Avenue and Northwest 50th Street. It has 29.7 acres of land, and the most recent addition to the park is a 21,700 square foot Carrie P. Meek Senior and Recreation Community Center. In the report, we outline the various programs that are offered in the park, both year-round and seasonal. We have after school programs, seasonal sports, recreational activities, field trips, summer programs, programs and activities for seniors and, of course, we host many community meetings and activities. In the report, it's also outlining the number of recreational staff that are assigned there year-round in the summer. We're in the process of hiring additional staff for Hadley Park. We have processed about 10 applications for new employees for Hadley Park. We also have some nonprofit partnerships at the park. We have the Liberty City Optimist Club of Florida. We have the Inner City Children's Touring Dance Company, with a management agreement with the City to operate the Black Box Theater, the American Red Cross, Miami Police Athletic League, Uniroyal Tire company, Miami -Dade County Public Schools, the James E. Scott Community Association, JESCA, the American Association of Retired People, AARP, the Regis House, and the Miami Heat Professional Basketball Team, at one point or another, had been involved with programming at the park. In the report, we've also outlined the maintenance operations of the park, the number of times that we do liter control, raking and leaf removal, sweeping, turffertilization, tree trimming, playground maintenance, cleaning, et cetera. The major concerns that were expressed at the Commission meeting of November 25th are highlighted in Section 4. After carefully examining the transcripts, there were three major concerns that were cited by the residents that were in attendance. One was the change of management. Two were alleged impropriety with procedures with respect to payroll in the weight room, and the third was the management City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 agreement with Ms. Florene Lipcot Nichols of the Inner City Children Touring Dance Company. With response to the change of management, in the month ofMay of 2003, all department staff members were advised, either through meetings, personally with the director or in group meetings that there would be a reorganization of the department, and that certain employees would be relocated or transferred. The purpose of this reorganization was to cross -train Parks employees by exposing them to different facilities in different sectors of the community, to provide promotional opportunities for individuals within the department, and again to expose members of the staff to other segments of the community. Many of our parks are very, very different. A facility at Jose Marti may be very, very different from the facility at Hadley, in terms of the physical structure as well as the programs that we offer there. The reorganization resulted in the lateral transfer of 12 employees, and the promotion of nine individuals. When we looked at where the personalities fit best, we looked at skill levels and we also looked at former evaluations and previous job performance, which the public may not be privy to, but we did look at that and we addressed many, many concerns with the reorganization, again, that the public may not be aware of that were internal to the department. As far as the improprieties, the alleged improprieties with respect to payroll procedures, we contacted the general auditor, Mr. Victor Igwe. He advised us to do an internal fact finding activity, where we looked at the requests that were made with regards to payroll corrections with that individual. The individual in question had requested that his payroll earnings be examined for the months ofAugust through November of 2002. The then Park Manager was asked to look at those findings and submit to the Department whether any corrections needed to be made. He did not do that, and the department's payroll supervisor examined all time sheets, attendance documents, noted any discrepancies, and the then Park Manager approved those discrepancies and the individual was compensated, so looking back at that time, which was over a year ago, it appears that all checks and balances were followed and that there were no improprieties. The last item that was mentioned at that November 25th meeting had to do with the management agreement between the City ofMiami and the Children's Inner City Touring Dance Company. We met with Asset Management and Economic Development, Mr. Peter Kendrick, who is the gentleman in charge of that, of overlooking that agreement. We have looked at all the agreements. The organizations have provided all documents needed and based on the safeguards that we have in place, the organization is in compliance. As a matter of fact, many of their reports are included in the major reports so that you can see the thoroughness that the organization goes through. As a follow up to the Commission meeting, we had the opportunity to meet with the community about a week and a half ago. Other issues were cited, primarily with the maintenance of the facility, the service of fitness equipment. In response to that, we have completed a purchase order, and I can give that number, if necessary, and establish service with the company that put the equipment in there. There were some concerns with the floor in the community room, the maintenance of that floor. We are in the process of obtaining quotes. A requisition, as well, has been filed in order to replace the carpeting with a tile floor, a vinyl floor, upgrades to exterior lighting. Again, a requisition has been issued to change the lighting in the front of the building. It was stressed to us that the outside is very dark, and then there were some issues with water fountains inside the building, that they're not height sensitive to children. Again, we're getting quotes to exchange those water fountains and the water coolers for the different sizes. Next week we will be meeting with the homeowners' association because there's still approximately one point three million dollars in Homeland Defense Bond monies for improvements to that park, and we want to come to them with some recommendations and get their input as to what they would like to see there. We know already that there are some bathrooms out in the field that need to be renovated. We know that we need to make some renovations to the pool building, and we have been out there with property maintenance, GSA (General ServicesAdminisfation) repainting the pool building and replacing some diving boards and some of the structural aspects of the pool that needed to be replaced, and that's basically our report. Chairman Teele: All right. Mr. Haynes, you spoke on behalf before -- have you had an opportunity to meet with the Director on this? City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Herschel Haynes: Yes, I have. Chairman Teele: OK. And did you have anything that you wanted to put on the public record regarding this report that has been issued? Mr. Haynes: Yes. First of all, I just want to say good morning to you, the Chair, and distinguished Commissioners. I could simply say that the -- Chairman Teele: Mr. Herschel Haynes of the Hadley Park Homeowners' Association. Mr. Haynes: Yes. My name is Herschel Haynes, chairman of the Hadley Park Model City Homeowners' Association. My address is 4601 Northwest 15th Avenue, Miami, 33142. I can simply say and fry to be brief in regards to what Mr. Corrada has said, addressing the concerns of the citizens that were here a couple of months ago have not been met. They voiced their concerns in regards to things that were going on in that facility in regards to the agreement between the City and Ms. Florene Nichols. I didn't hear that being addressed, and I would suggest that it be addressed. Chairman Teele: Mr. Corrada. Was there anything else, Mr. Haynes, other than that? Mr. Haynes: Depending on what he has to say, of course. Chairman Teele: Say again. Mr. Haynes: Depending on what he has to say. Chairman Teele: But is there any other issue that you wanted to raise, other than that issue? Mr. Haynes: Well, the issues have already previously been brought to you. I don't see a need for belaboring what has already been presented to the Commission and the City Manager in regards to dissatisfactions that the -- at that facility. Chairman Teele: OK. Thank you very much. All right. Mr. Corrada, you heard -- Corrada: Mr. Chair, based on the -- Chairman Teele: We're not going to get into a back and forth, is what I'm saying. You get to make your statement. This report is in response to the concerns that you've had. Now, Mr. Corrada, I thought you had met with Mr. Haynes, and I thought you had met with some people, and I specifically asked that you meet with Ms. Dawkins and some of the AARP (American Association of Retired Persons) people, as well. Mr. Corrada: Yes, sir. Chairman Teele: Did you all do that? Mr. Corrada: Yes, we did. We met with them one evening. I believe it was last week. I have the date written down. We met with the group. Many of the concerns that were cited that evening had to do with the maintenance of the facility towards the end. Concerns that were issued at the November 25th meeting were aired again regarding the management agreement with Ms. Nichols. We have come back to the City and we've been with Economic Development. We've looked through all the performance reviews that had been submitted by the organization. All the documentation that needs to be in place, all the management agreements that were cited in the contract are being followed. The charges that the organization charges, the public have been agreed upon in the agreement, and by the letter of the contract, the agreement is being followed. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Did you -- all right. OK, so the agreement is being followed? Mr. Corrada: Yes, sir. Mr. Haynes: May I? Mr. Corrada -- Chairman Teele: No, no, no. All comments are directed to the Chair. We're not going to -- this is not going to devolve into -- Mr. Haynes: Not a problem. Not a problem. Mr. Corrada just made a statement that he met with us, the homeowners' association. What happened is -- Chairman Teele: That was not his statement. He said he met with a group of people the other night, and I specifically said, did you meet with Ms. Dawkins, the wife of Mr. -- Corrada: She was in attendance, Mr. Chair. Chairman Teele: Because that was the request that we had made before. Mr. Corrada: She was in attendance. Chairman Teele: OK. So -- Mr. Haynes: Well, my understanding, you just asked him at one point had he met with the homeowners' association, but you're saying now that you charged him to meet with -- Chairman Teele: I charged him to meet with the community, including you, on behalf of the homeowners' association, and including Ms. Dawkins on behalf of the AARP. Mr. Haynes: And I'm saying that didn't happen. What I'm saying to you happened is there was a community meeting and Mr. Corrada and staff his subordinates were in attendance, and we addressed the concerns of the people who were in attendance and that kind of meeting took place, and I'm saying to you, we were scheduled to have a meeting with Mr. Corrada in regards to the homeowners' association and my board, and I'm sharing with you that that meeting did not happen. Chairman Teele: All right. Mr. Corrada, at your earliest convenience, through the Manager -- Mr. Manager, I'm requesting that Mr. Corrada or his designee or your designee attend a meeting with them. Mr. Corrada: Mr. Chair, the meeting is scheduled -- pardon me -- on the 27th, next week. That's when the homeowners meet and we are scheduled to be there. Chairman Teele: All right. Further comments? All right. Thank you very much, and we're going to continue to monitor the situation. Mr. Haynes: And ifI may, you charged me to meet with the City Manager, and -- Chairman Teele: I charged you? Mr. Haynes: You charged me to meet with the City Manager and to come up with a committee of five. Do you recall that? Chairman Teele: Yes, I do. City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Haynes: And so, then, I made an attempt to arrange that meeting. Not only did I make an attempt to arrange that meeting with the City Manager, I made an attempt to arrange a meeting with the Mayor and the City Manager, and I wasn't successful in accomplishing -- Chairman Teele: Are you busy now? Mr. Haynes: Beg pardon? Chairman Teele: Are you busy now? Mr. Haynes: No, I'm not. Chairman Teele: Mr. Manager, can you designate someone to meet with him in my office, your office, the Mayor's office, wherever, but we need to put this issue to bed, and we need to deal positively with the issue and not, you know, avoid it, and I know Ms. Cooper knows the area. I'm not frying to get in your business, but think we ought to arrange that meeting right now, if it's possible for you, Mr. Manager. All right. Thank you very much. Mr. Haynes: OK. Thank you. Chairman Teele: All right. Mr. Manager, now, those concerns -- now I've got concerns. That's what I'm frying to get to. Number one, that place is horribly filthy dirty. I went there yesterday to the meeting -- and, by the way, Mr. "C, "I signed up yesterday for aerobics. I want to make sure Ms. -- and Mr. Attorney, I want to make sure this isn't a conflict of interest because you know my dear, dear friends over at the state. They'll have this as a getting -- but saw that movie the other day, My Big Fat -- you know, the guy -- and I started looking at this, and I said I want to try to work some of this down, and I want to say this on the record. Mr. Dean, to my surprise, was there, and I have never -- I have never gone into a room where there was more love, more energy. (Applause) Chairman Teele: -- more support, and I don't get into personnel issues, at all. In fact, somebody came to me the other day wanted to talk to me about something in the Fire Department. I said, I'm not discussing it, not even -- I'm not going to even have a sidebar discussion about it, but just want to say, from my vantage point, Mr. Dean really has a good bond, a good spirit, a good energy, and I have never seen -- I couldn't concentrate on the program because of the condition of the floor. The condition of the floor is unsanitary. It is unsightly. It is something thatl would not expect in a homeless facility, and I heard your report about some linoleum or something, but whatever it -- even if it's a Stanley Steamer kind of thing. We should not allow that to exist just until we can get ready. That shouldn't exist, at all. Mr. Manager, I had a public hearing. My Community Development Public Hearing is why I was out there. That room is so bad, I would not take the public to have a meeting in that room, and so I have a concern about that and the condition. I also have a concern about the employees there. You have people out there in that facility that are part-time, that have been part-time for over 10 years. I mean, this is just a legal dodge. We can't be in that business. We can't be in the business of denying people health benefits, denying people the dignity of life, after they've worked, by hiring them for two hours less. I mean, you know, I'm not against part-time, but you can't do that for some period of time. We've got to pass some action today or in the near future that simply says anybody that has worked for the City continuously -- you pick the number, Mr. Manager, whether it be for five years, 10 years, 12 years, 15 years -- shall be rolled over into the City. If we don't do it, we're just going to continue to study this problem, but it is not fair. There was one person out there who is impaired, who had a health problem, and I don't mind saying it -- you know, I -- we collected money and we paid for the guy's health problem over Christmas, but this isn't right, so City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 I want to try to understand how many part-time people are at Hadley Park? Does anybody know? And then the final question is this: Ms. Nichols program made certain commitments about bringing in money that we couldn't get. In other words, there are people who would give money to not -for -profits that they won't give to the City. In fact, we could not have built the Black Box Theater as a City project. We got that money from the Safe Parks Neighborhood as a pass -through for a not -for -profit, and we're doing the same thing with the police -- the Old Colored Police Precinct, and this is a concern that I have, Mr. Manager, because you're going to have a hundred people coming in saying what they could do with the building once it's built, OK, and I've said that on the record and off the record, and we've got to protect these people. The Retired Police Officers Association is raising money. To date, they've raised probably, how much, CD (Community Development) Director, half a million dollars or so to restore that, yet it's a City -owned facility, and see the public's got to be clear as to what's going on How much money has Ms. Nichols brought to the City's Hadley Park Project? Or Ms. Nichols, are you here? No. You've got to come to the dais, and you've got to say how much money was the grant application for from Safe Neighborhoods Park, please. Florene Nichols: Good morning. Florene Nichols, 4120 Northwest 8th Avenue, Miami, Florida, 33127. I live in District 5. And the question? Chairman Teele: How much money was the grant application that you submitted for the black box theater, the culture component of this facility? Ms. Nichols: OK We submitted a joint application with the City ofMiami through Safe Neighborhoods Parks, and it was close to seven hundred thousand for that, and through Dade County Cultural Affairs Council -- Chairman Teele: Wait, wait, wait. That was seven hundred thousand. Ms. Nichols: Close to seven hundred thousand. Chairman Teele: Now, you then, as a part of your management agreement, said that you would submit grants and you committed "X" number dollars of grants and that you would be submitting for grants as long as you're there? Ms. Nichols: Yes. I'm required to write at least two grants a year. Last year I wrote close to nine or 10, and -- yeah, and the majority of them are funded. Chairman Teele: So, other than the seven hundred thousand dollars that you have brought there, how much money have you brought there since you have been in the facility? You've been there what, about a year now? Ms. Nichols: A year and a half. Close to two hundred thousand. Chairman Teele: Two hundred thousand dollars, and is that money -- Ms. Nichols: Over two hundred thousand, close to three hundred thousand. Chairman Teele: Would you go through what you've brought there in the dollar amount? Ms. Nichols: Pardon me. Say that again. Chairman Teele: What? Ms. Nichols: What did I bring in? City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Yes. As the baby grand -- is the baby grand in there? Ms. Nichols: We're getting ready to bring in thirty-five thousand dollars worth of equipment, which includes a baby grand, keyboards for the children's program, concession equipment, furniture for the hallways and for the parent waiting areas. We brought in twenty thousand dollars for the fly system, theatrical fly system, so we could have a state-of-the-art theater, which no other Black Box Theater has. This is something we designed. We brought in forty-two thousand, five hundred for equipment, theatrical equipment, lighting, sound, ballet flooring, ballet bars, and we're in the process of doing more capital development monies to upgrade the facility. Chairman Teele: Now, is any of that money that you just enumerated City money? Ms. Nichols: No. That's all Dade County. Chairman Teele: OK. So what I want my colleagues and the public to understand is, the relationship is not what is being circulated on these little hate mongler sheet papers. The relationship is one where we have a partner who's bringing money to the table, already over a million dollars documented of non -City money, and then in City money, you've made application, I think, and received about eighty thousand dollars? Ms. Nichols: Close to one hundred and fifty, I would say. Chairman Teele: Of money that we couldn't give to ourselves because we'd be in violation of the federal rules relating to administrative -- the administrative -- in other words, if we give it to a not -for -profit for the benefit of a park facility, that's a community activity. If we give it to the Parks Department, it's an administrative expenditure and we're already at the limit on that, as I understand it, so what I want to make sure is that the commitments that are being made financially are being honored, and then the real issue, Mr. Manager, is if we were to take Ms. Nichols out, if we could legally, which we can't do with a contract, we cannot do that under contract law, how much money, Mr. Manager, would it cost you -- would it cost us to run a comparable program theoretically, assuming that we can do things like the private sector in just staffing alone. Mr. Corrada: I would say close to a hundred thousand dollars in staffing. Chairman Teele: Of a -- Mr. Corrada: And you're bringing in full-time professional people to control a theater and maybe even more. That's off the top of my head. Joe Arriola (City Manager): Maybe. Chairman Teele: I think it's a lot more than that. OK. So we're looking at -- I know we're looking at doing culture facilities in the Grove. We're looking at one at the Jose Marti Park. We're looking at one in Little Haiti park, and one of the challenges, Mr. Director, with culture facilities, is that we have these problems of communication. I had the problem in the County, where you have the recreational people don't understand the culture people, and as a result, the County has created a whole division of culture so that the culture components don't report to recreational. I'm not recommending that, at all. We're too small for that, but there is a tension between the recreational component and the culture components. Sandra Rivers, I think, runs -- or is in hierarchy of the culture component at the County, so the culture facilities do not report to recreational facilities because it's a different discipline. Are you with me? City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Arriola: Absolutely. Mr. Corrada: Absolutely. Chairman Teele: Ms. Nichols, I still have not seen the baby grand piano, so when I come Saturday -- is it there? Ms. Nichols: No. We're about to pick it up. We have a deposit on it, but we're trying -- Chairman Teele: Have you all gotten the grant? Ms. Nichols: Oh, yes, we have the money. I just have to go shopping. Chairman Teele: OK, and the reason this is important is that when we started building this facility, the baby grand piano was in the capital plan, and I said I don't want the City paying for a baby grand piano, because that justgives our colleagues something to write about, and it's hard for people who can't afford to keep their phone connected or their cable connected understanding why the City is spending ten thousand dollars for a piano, but I think we've got children who deserve to have the best pianos to learn to play on, OK, so I just want to be very clear, Ms. Nichols, on that, and do you have anything that you need to add to this discussion or the dialogue? Ms. Nichols: I would just like to say thank you to the Commissioners for allowing me to be the person to direct the program at the Carrie P. Meek Center. It is a beautiful, beautiful center. I am honored to be there, and I will continue to do the best I can at the center. Chairman Teele: All right. Thank you very much. Emergency motion -- item, Mr. -- please. Yes, sir. Mr. Haynes: Correct me if I'm wrong, Commissioner, but it appears to me -- I don't know about what the citizens have to say -- but it appears that you are arguing on behalf ofMs. Florene Nichols; is that frue? Chairman Teele: No, it's not frue. Mr. Haynes: You're not arguing on her behalf? Chairman Teele: No, no. Mr. Haynes: It certainly sounded like it to me, and -- but there are some citizens here that want to speak and I think they should have the opportunity also to speak -- Chairman Teele: All right. Mr. Haynes: -- especially now that you have had Ms. Nichols to speak. Chairman Teele: All right. Let me do this. How many people would like to be heard on this? Mr. Haynes: Certainly, Ms. Barbara Lindsey, who was here before. Chairman Teele: Hold on just one minute. The speak that can speak can speak for themselves. All right. Those persons who would like to speak -- are there any other persons? If there are, would you raise your hand so we can just get your name for the record? Yes, sir. Just come right on up. Yes, Ms. Lindsey, come right up. City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Barbara Lindsey: My name is Barbara Lindsey. Chairman Teele: You have to say it to the mike, ma'am. Ms. Lindsey: My name is Barbara Lindsay, 6335 Northeast Miami Place, Miami, Florida, 33138. In reference -- we're not saying that Ms. Nichols didn't bring nothing -- no grants or nothing to the table. We saying she didn't bring nobody with her. She used our kids to get the grants. She didn't bring no kids to the park when she come. She didn't bring no children with her. She used some of our kids, and the Parks Director and all them know that she did. He was told that let Mr. Dean -- let her use the kids to get the grants. Chairman Teele: All of the grants that we discussed this morning -- Ms. Lindsey: I mean, we not saying -- Chairman Teele: I want to correct the record. You're talking about operational grants. Ms. Lindsey: Right. Chairman Teele: We have not discussed any operational grants here today. All of the money that we're talking about is capital. Ms. Lindsey: Is capital. Chairman Teele: It's for the building of the facility. Ms. Lindsey: OK, then. Chairman Teele: Everything that she talked about -- that million dollars -- Ms. Lindsey: Are capital grants, too, right? Chairman Teele: Are capital grants. Ms. Lindsey: All right. So, we're not disputing that, but you -- I heard y'all say that she come there to work with the management of the park, not to become the Manager of the park, take over the facility, so this is all we saying: If it was one good -- ifMr. Dean could work in the outhouse, the middle house, why can't he be in the White House? They done built the park. That's all we asking you. (Applause) Chairman Teele: All right. Hold on one minute. Ms. Lindsey: If he was in the in-house, you know, why he can't work there? Chairman Teele: Hold on one minute. The Manager of the City is that man over there. The Manager of the Park is that man right there, Mr. C. Ms. Lindsey: We know that. We know. We know. I know when he left -- I know when he left Edison. I was on the PTA (Parent-Teacher Association) meeting at Edison with you, so I know him real good. Chairman Teele: Can we clarify -- is Ms. -- is the Inner City Children's Dance and the Parks City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Department having any conflicts or any issues that this Commission or management should be aware of? Mr. Corrada: There may be some personality issues with some of the personnel that work at the park with Ms. Nichols. That there may be, but the Park Manager is the person in charge of the park. Ms. Nichols has a management agreement to manage part of the building at the park, per the agreement that was created when the building was being built, so that -- the Park Manager is in charge of the park. Ms. Nichols has a management agreement to manage part of the building at the park. Chairman Teele: Which part is that? Mr. Corrada: The Black Box Theater, the glass dance studios, and an office on that side of the building. I can give you, per the agreement, the square footage, if you would like. It's in the report. Chairman Teele: All right. Thank you very much, Ms. Lindsey. Ms. Lindsey: Thank you. Chairman Teele: Yes, sir. James Walden: James Walden, 13325 Northwest 22 Avenue, Dade County, Florida. My response this morning -- I've listened to the Commissioners and I really appreciate you for a job that's well done, but my point is this: Somehow, somewhere, I think that we have sidestepped this issue. The issue to be -- to this forum should be whether Mr. Dean has done a tremendous job to stay in that position. Why would you transfer someone that has been doing a tremendous job? You have transferred him, but you have the public support stating thatHr. Dean has been doing this City a tremendous job, so my point of view, I think we have sidestepped the issue, as Ms. Nichols, the way the park looks, the way the park is run. Now, when Mr. Dean was there, during the old building, old wet office, down right (UNINTELLIGIBLE), poor furniture, poor lighting. Now, when you establish this million dollar forum, now Mr. Dean is no longer represented, so the issue is this: You have proclaimed one of your employees as being helpful to this City, helpful to that community, helpful to that environment, but you have foresaw to come around and make all these other issues that is irrelevant to that facility, so my point is today, please, ma'am, please, sir, all we ask of you today, as a Park Director and City Manager, restore Mr. Dean to his former position. (Applause) Mr. Walden: That's all we're saying, and I leave you with these words. I will clarify you on record -- I was Vice President at the University ofMiami hospital for 30 years, and policy and procedures are just guidelines. IfI had stayed there before my retirement, I would have been the only one there, ifI had followed policies and procedures, and with my staff by the grace of God, I'm happy to enjoy my retirement, Hawaii, Alaska, and just enjoying my retirement, so my point of view, let my son, let my blood vessel, Greg Dean establish his position, and I'll guarantee you, five or six years from now, you could understand, and say: "Do you know what? Mr. Walden, you made a very complimentary to that park; thatHr. Dean was a very asset to the City of Miami, and I'll guarantee you, and if that's not to be done, if God's willing, if I'm in heaven, I could look down and say, Mr. Dean, you did a tremendous job, and may God bless you and have a good day. (Applause) Gamalyah Israelion: Good morning, gentlemen. My name is Gamalyah Israelion. I am, myself City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 is a citizen and also a descendent of slaves. I want to make it briefly. See, my forefathers and foremothers came to this country unwillingly. We came in shackles and chains to where some of y'all came here voluntarily. We were forced to build this country. If it wasn't for us, you wouldn't even have a country, so I'm saying, much respect to the midwives, to mothers who experience sharecropping, to the fathers who experience sharecropping, much respect to my ancestors who was lynched on frees, and much respect for the ship that was boarded down at the major dock representing the respect of slaves, so I'm speaking on the fact that this is modern-day lynching. See, the slave master, he would move the father away from the children so he can teach the children unjustified money making is sufficient. Chairman Teele: All right. I'm going to rule you -- unfortunately, this is a speech that I think really is going to be great for Black History Month, and I'm in agreement with many of the comments you have, other than the fact that Commissioner Winton's not here and the other guys up here also came here involuntarily too, or their descendents, so what we need to do is just stay focused on this issue as it relates -- this is an issue related to Mr. C's report. Mr. Israelion: But I'm looking for him to speak, so I'm simply saying -- Chairman Teele: He's standing right there. Mr. Israelion: Well, the reason why -- I gave you to the root of the reason why we're here. We spoke already two months ago about the unjusticeness (sic), money exchanging or money collectivism from the gymnasium, Mr. Mahoney on down to a whole bunch of issues that is unjust according to the charter. Chairman Teele: It's contained in this -- Israelion: Yes, sir. Yes, without a shadow of a doubt, and I'm simply saying, and I say it briefly, the fact that there was no reason to move one of our fathers, who is a leader to the children, to stay in school, be active in they academics. There was no reason when the people wants him, because it's the same method that the slave masters have done, and we want to put an end to this type of modern-day lynching, so we simply saying, according to be taxpayers, as we are, according to what the citizens want, according to what I ask you previously, why would you move someone who do nothing but his job? Why? Because there's a so called accusers or many of them that has a problem with him and they want him moved, so I'm going to ask you now, if you would answer it before the world? Chairman Teele: No, no, no, no, sir. You have to ask me. Mr. Israelion: Well, I'm -- well, I asked you once before, you said you had no hands in it, so you Chairman Teele: And that's exactly what I'm about to say to you. When you asked me I'm going to stay to you, that this Commission and the Mayor, by the City Constitution, called our Charter, may not be involved in hiring, firing, promoting, transferring any individual. It's fair for you to raise that concern. I think it was very emotionally and properly raised by the speaker before you, and I would like to begin to move forward now, butt want to let the Manager -- Israelion: Yes Chairman Teele: -- and the Director respond on that issue, because that was covered in his report, butt want you to come back and discuss itjustfor another two minutes, please -- Israelion: Ifyou will -- City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: -- and that's going to be the last speaker on this subject, because we're going through the same thing. This was not a case where we were asking for public hearing. We had the public hearing a couple of months -- weeks ago. Now we're hearing his report, and what we tried to reserve was some time for some of you all to meet with him one on one. Mr. Israelion: Well, he wouldn't meet with us. I mean, we -- all kinds of meetings -- Chairman Teele: I understand. Today we're going to meet one on one. Mr. Israelion: I would like it if it can be right on the national TV (television), so that if he don't do his job, the whole world would see the structure of what governs our society in Parks and Recreation, so I'm simply saying, it's hard to catch him. We done sent messages and he wouldn't answer his phone call, so when he's out on front street where the world can see him, then he would be demanded to answer these here questions. Chairman Teele: Thank you very much, and that will be the end of this, because I think this is getting in a position none of us want to be in. All right. Mr. C. Mr. Corrada: Mr. Chair, I met with this gentleman soon after the changes occurred. He voiced to me his concerns. I personally explained to him why the changes occurred. I believe that it is the prerogative of a director to judge the skill abilities of the individuals and look at issues that the public may not be aware of and for confidentiality reasons, we cannot disclose of prior job performance, of safety issues that need to be addressed by the Director, and it is -- Chairman Teele: Are you saying safety? Mr. Corrada: Safety concerns, and it is public knowledge that there was a drowning at the pool at Hadley Park in the month of I believe, March or April, but -- and those are concerns that -- I'm speaking to the Chair -- that we addressed with the changes of the personnel in the parks. Chairman Teele: All right. Mr. -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Mr. Director, the only thing that I would ask is that you would keep an open mind. I am well aware. I have seen the e-mails going back and forth. How many Park Directors have been moved in the last -- since you've come in? Mr. Corrada: There were 12 individuals that were moved, resulted in lateral transfers. There were no demotions, and nine -- Chairman Teele: Twelve Park Directors? Mr. Corrada: Twelve Park Directors, managers, every -- almost every Commissioner was affected by the move, and received support from the public, as we have any move. Chairman Teele: And let me -- if you would pause for a minute. Let me ask my colleagues, have you all had Park Directors move and have you all had these kind of public concerns? Commissioner Gonzalez: Mr. Chair. Chairman Teele: Commissioner Gonzalez, Commissioner Sanchez. Commissioner Gonzalez: Yes, sir. In all fairness to you, with your constituents, you just made a statement that it is a hundred percent right. We cannot interfere with the decisions, personnel City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 decisions of the City Manager or any of the Directors. I had one of my Park Directors transferred to another park, and I had the same concerns that are being expressed from your citizens in your district to you. I had the same exact same situation, and actually, there was nothing that I can do about it because I could not direct the Manager or the Parks Director on what person to keep in the park or what person to not to move from the park, so I had to go back to my constituents in District 1 and explain what the situation was and he made a change -- the change of personnel because of his own reasons, and after all, he's the one that is running the park, so as long as the park is running perfect -- in my case, I haven't had any problems of the park, so as long as the people are being served, I have no problem with the decisions that he makes, but even though, ifI had a problem, I could not direct the Parks Director or the City Manager to -- in anything related to personnel, and that is in all fairness to you, so they understand that you're not the only Commissioner that has this problem, and our powers are limited on what we can do about it. Mr. Israelion: So -- Chairman Teele: Commissioner -- no, no. Sir -- Commissioner Sanchez. Vice Chairman Sanchez: As my colleagues have stated, there has been many changes in management reorganization. It has just not been one park, and either we have been directly or indirectly have all been affected by it. I was basically under the same situation with one of our park Managers who had worked at Jose Marti Park for 18 years, a dear friend of mine, a person who I had the utmost respect for. For 18 years he worked at that park. He's well liked in the community. IfI could have done something to keep him at that park, I would have done it, but as my colleagues stated very clearly, in the City Charter, it is way out of our scope to even direct the City Manager to hire, fire or transfer or reorganize a City Director or an employee. We would be violating the law and could be subject to prison time, so on the issue, which, of course, we do not -- uncomfortable with changes in this. The administration -- and basically the Parks Director, who we hired to run our parks, feels that it is in the best interest that these reorganizations will benefit the park. Now, as I stated, ifI could have done something within the legal bounds, I would have assisted the Parks Director gentleman who was transferred to another park, and I would probably stand up for Mr. Dean, who I don't know, butt hear he is a lovely person, but we are -- our hands are tied on this issue, and we must, in a way, support the Director of the -- Parks Director and the City administration on these changes. Now, although at the end of the day, we're the ones that get blamed for it because we are elected by you, and if you look at our organization, you have the City Commission, the Mayor, the City Manager and then above all, it is you who are the bosses. Mr. Israelion: Yes. Vice Chairman Sanchez: And that we have not lost focus of but we are limited to what we could do here as when it comes to any reorganization. Mr. Israelion: I respect that. Chairman Teele: Hold on, hold on. He's not -- we're having a dialogue among us now. Vice Chairman Sanchez: I just wanted to state that on the record, because I don't think it's fair that the Chairman be looked upon as not doing anything, because he can't do anything within the law, and I know that in my case, which once again, I'll state the gentleman's case, and he is a fine gentleman, a great City employee in this City, Mr. Chicago, who has put together tremendous programs in that park, and you know what? Being moved to another park, he's going to be able to do basically the same things in another park, and I'll tell you, I'll go a step further. You know, we're going to continue to break the barriers of color in this community. I would direct the City Manager to move around and have Hispanics go to the Afro-Americans City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 community parks and be a part of that, and we would also ask that Afro-Americans come over to the Hispanic neighborhoods and teach in our parks, so we could all work together at breaking some of these barriers that exist. That's -- you know, just that's going outside of the issue, but have to support the City Manager on this issue. I have to support the Parks Director, because it just wasn't one person. It was 12 individuals that were moved around. None of them were fired. All of them are still part of the City, and all of them could continue to do great things, just not at one park but different parks, so we may not agree on the issue, but think we must respect our opinions. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I'm not going to repeat the same thing about the code and all that, but next to a crime, being the victim of a crime, the second hottest issue that we would have in our offices, any office is the park. Many people use the park. Many residents use our parks, and many residents are used to the Park Director, and they have a personal relationship, and the Parks Director interacts with the resident. Was a good move to move around so many Park Directors? I don't know. We will see the results some time in the future. The fact of the matter is that there's nothing we can do, other than hear your complaints and the complaints that we get when something like that happens. The only thing that could have been done is before igniting a fire, tell us, you know. This is going to happen. I was surprised to see some of the Park Directors in our district to be moved around, and I understood what went on. The good thing here is that this is a warning for the Manager and the Park Director to have someone that would run the park according to the needs of the residents, because if not, you're going to come back here and we are going to listen to you, and somehow, somewhere down the line, we're going to have to say to the Manager, you've got to do something, and the Park Director, you've got to do something. There are many Park Directors that are very popular and do a lot for the community. I love some of the Park Directors in our district, and some of them are great and would -- people love them. I would hate to see them move or send them somewhere else, but we have to live with that, but the fact of the matter, Mr. Manager, is, and Mr. Park Director is that you know and we know that for you, you are the only recourse that you have, that you have to come to us to express our view, and it's -- and we're going to do something other than listen to you, so maybe in the future, we'll see the results. Chairman Teele: All right, and there will be a meeting, you're saying, with the homeowners' association -- Mr. Corrada: 27th. Chairman Teele: -- with you or your representatives. All right. That will be the action. Mr. Manager, I want to just say for the record, there are two things that think are very important, which I've said at every budget meeting. Number one, we need to engage and invest in our employees. I really believe that we ought to encourage our Park Directors to go to college. We ought to give them time off to go to college. We ought to be much more involved in training, because as I've gone around the City, I think we really, really need to do that. The second thing is, I want to just say personally -- and I said it as politely as I could -- I'm going to go to class personally, not just to lose the gut -- and I hope that at least one of the people on the City staff will consider joining me, who has a similar problem, Mr. Manager, but I'm going to be under Mr . Dean, because I have confidence in Mr. Dean, and all I can say is, is I have confidence in him, but -- and I would hope that the management would consider that in their deliberations in the future. Thank you very much, Mr. Corrada, for your input, and we will hear now from EM Number 3. Thank you all very much for being here. Thank you very much. Thank you for coming. Vice Chairman Sanchez: I would like a list of attendance of Commissioner Teele attending the aerobics class, please. Make sure that he goes to every class, and we're going to weigh him at City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 every Commission meeting. Chairman Teele: Tuesday, Wednesday and Thursday at 10 o'clock, is that right? Vice Chairman Sanchez: We're going to weigh him at every Commission meeting. DI.2 04-00017 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE MARLINS STADIUM PROPOSAL. 04-00017- cover memo DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioners Sanchez and Winton absent, that Item DI.2 be DEFERRED to the next Commission Meeting, which is currently scheduled for February 12, 2004. Commissioner Regalado: Mr. Chairman, I have pocket items and -- Chairman Teele: All right. Now, can we get a withdrawal of the item related to Discussion Item Number 2? That's on the Marlins Stadium. The Manager indicated there's nothing to report. Commissioner Gonzalez: Move to -- what? -- defer? Chairman Teele: To defer the item. Alejandro Vilarello (City Attorney): Defer to the next meeting. Chairman Teele: The next meeting. D1.2, Discussion Item Number 2, moved and seconded by Commissioner Regalado. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PART B A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, with Commissioner Winton absent, to CONTINUE consideration of items PZ. 6, PZ.8 AND PZ.30 to the Commission meeting currently scheduled for February 26, 2004. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, with Commissioner Winton absent, to CONTINUE consideration of items PZ.21 and PZ.22 to the Commission meeting currently scheduled for February 12, 2004. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, with Vice Chairman Sanchez abstaining and Commissioner Winton absent, to CONTINUE consideration of item PZ. 7 to the Commission meeting currently scheduled for February 26, 2004. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to RECONSIDER previous motion to continue Item PZ.30. Chairman Teele: Come forth at this time. Anyone who objects to the deferral of PZ (Planning & Zoning) Item 6, PZ Item 8, PZ Item 10 and 11, 21 and 22 -- Commissioner Regalado: Well, I -- Chairman Teele: -- and PZ.30? Is there anyone who objects to deferring any of those items? Yes? Commissioner Regalado: I do. Chairman Teele: All right. Which item do you -- Commissioner Regalado: Mr. Chairman, I -- of course, I would always support any member of the Commission in their desire to defer any -- and especially when they need to be here, but PZ. 10 and 11 are in District 4, and -- Chairman Teele: OK. Commissioner Regalado: No, but this is -- the problem is -- and I would not have a problem in deferring it. Chairman Teele: No, but the reason -- There's no motion. -- The reason that I'm reading -- and I want to hear from everybody -- because those items that anybody objects to, we're going to have to vote on and discuss separately. What I'm trying to do is just see what are the items that anyone does -- objects to or has a concern about being deferred. Unidentified Speaker: Commissioner -- Commissioner Regalado: But was saying, on PZ.10 and 11 -- Chairman Teele: Uh-huh. Commissioner Regalado: -- this is -- the problem that housing, HUD (Department of Housing and Urban Development), has is that there is money allocated to do this project in the Smathers Tower. If the project is not -- it's a time certain project. If it's not approved, they would have to give back the money to the federal government, and that is my concern. City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: OK, but what I'd like to do -- The motion that the Chair is going to entertain is strictly on the items in which there is no objection, so, 10 and 11, there's going to be some discussion, so that will not be contained in the motion. Are there any items other than 10 and 11? Yes? Adrienne Pardo: Items 21 and 22, I would just request -- Chairman Teele: Name for the record, please. Ms. Pardo: Adrienne Pardo, with law offices at 1221 Brickell Avenue. With regards to 21 and 22, ifI could request that they just go to the next Commission meeting, instead of a month from now, the PZ. Chairman Teele: Are there any objections to the deferrals that I've read off into the record? Other than 10 and 11, and 21 and 22, are there any other comments or concerns? Yes, sir. Your name for the record. Are they -- Steve Helfman: Not on those items. PZ.7, we have an agreed upon deferral with all the parties here. Priscilla A. Thompson (City Clerk): I need a name for the record, please. Mr. Helfman: My name is Steve Helfman, 2665 South Bayshore Drive. Chairman Teele: That's not the issue right this moment. Mr. Helfman: I understand. Chairman Teele: Any of the ones that are read off? The Chair will entertain a motion to defer, without objections, Items Number 6, 8, and 30. Is there a motion? Joel Maxwell (Deputy City Attorney): To a date, Mr. Chairman. Chairman Teele: To the second meeting in -- Mr. Maxwell: February 26. Chairman Teele: February 26. Is there a motion, please? Commissioner Regalado: Move. Chairman Teele: Is there a second? Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. Items 21 and 22, the counsel has indicated they would like to be heard in the first meeting in February. The date -- Mr. Maxwell: February 12th. Chairman Teele: Feb -- Mr. Maxwell: February 12th. Chairman Teele: February 12th. Is there a motion to defer 21 and 22 to February 12th? City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Vice Chairman Sanchez: So moved. Chairman Teele: Moved and second. Commissioner Regalado: Second. Ms. Pardo: Thank you. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. Now, was there a deferral? Deferral. Item Number 7 someone wanted to be heard on? Tony O'Donell: Mr. Chairman, for the record, my name is Tony O'Donell. I'm representing the appellant and there are two other attorneys here representing the developer, Mr. Helfman; Mr. Kaplan representing another interested party, and they've reached an agreement to defer to the next meeting, and we have no objection to that. Mr. Maxwell: Was that the next meeting, Counsel, or next P&Z meeting? Chairman Teele: Next PZ meeting. Mr. O'Donell: Next P&Z meeting. Mr. Maxwell: Next P&Z meeting? That's the 26th. Mr. O'Donell: 26th, yes. Chairman Teele: All right. There is a request for counsel for a deferral of Item Number 7, which is relating to 2675 South Bayshore, to the second meeting in February, date certain. Is there anyone here that is on that item -- that came on that item? Anyone from the public? If not, is there a motion? Vice Chairman Sanchez: Mr. Chairman, I'd like to state on the record that have filed a conflict of interest form. I'm excusing myself just on the side of caution because my firm is the lease of that property, so I just wanted to state that for the record. Chairman Teele: Well, if you have -- and, Mr. Attorney, you know, this has always been an issue. The County Attorney has always opined one thing. You all have opined a second, but -- Mr. Maxwell: No, sir. I don't believe -- Did you speak on that? Alejandro Vilarello (City Attorney): What's the question first? Mr. Maxwell: The question is -- Chairman Teele: No, there is no question. I'm about to make a statement, unless you're going to correct me. Mr. Vilarello: Before he says it. City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Before I say it, so, go ahead and -- I want to see this. Mr. Maxwell: I think I'll defer to you, Mr. Chairman. Chairman Teele: The County has always taken the opinion that if there is a conflict, the Commissioner should absent himself without comment or regard, and the way to declare a conflict is to absent yourself and not be there for the voting, and they've taken the position, generally, that when a Commissioner or someone gets up and announces it, he's drawing attention to it for the purpose of trying to illicit, perhaps, being interpreted as a different way, but my comment would be, if you are absenting -- if you're not voting on it, then you should make the statement and leave the room. Is that correct, Mr. Attorney? Mr. Maxwell: Yeah. Chairman Teele: Are you declaring a conflict? Mr. Maxwell: I am aware that that is one school of thought, Mr. Chairman, but our office has taken a different position, and we've taken a position that's fairly consistent with that of the Attorney General on this issue, that a voting member should declare on the record that they have a conflict. They don't necessarily have to exit the room, but they may exit the room, and then they should fill out the appropriate form at that time immediately upon declaring that they have a conflict. Vice Chairman Sanchez: And, Mr. Chairman, for the record, I did obtain a opinion from the Legal Department as to how to handle this, and I was advised to file a conflict of interest and state on the record my possible conflict of interest, and that's exactly what I did, under the advice of Legal at the City. Chairman Teele: Well, my concern is only for one point, and that is, if there's going to be a discussion on the item, the legal attorney is saying you should sit at the dais while there's a discussion? Vice Chairman Sanchez: No. I would -- Mr. Maxwell: No, no, no. Vice Chairman Sanchez: I would -- once again, I -- Chairman Teele: Or when there's a motion being made, you should be sitting there? Vice Chairman Sanchez: I would excuse myself and I'll walk out, but I had to state for the record that there was a possible conflict of interest because the firm that I work for right now leases the property. Chairman Teele: Is there a motion on the item? Vice Chairman Sanchez: Mr. Attorney. Mr. Maxwell: You should now leave -- you didn't have to stay until the motion was made. Chairman Teele: That was what I was saying. Vice Chairman Sanchez: No. It's going to be deferred. Mr. Maxwell: Yeah. City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: That's the issue. That's the only issue. It's to absent yourself from the room or from the deliberations. There's a motion by Commissioner Regalado. There's a second by Commissioner Gonzalez. What's the motion, Mr. Attorney? Mr. Maxwell: The motion is to defer this item to February the 26th. Chairman Teele: What Item number? Mr. Maxwell: This is PZ.7, sir. Chairman Teele: Madam Clerk, is that your understanding of the motion? Ms. Thompson: That's correct. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is deferred. Next item. Unidentified Speaker: Thank you. Chairman Teele: Are there any other deferrals? Ladies and gentlemen, are there any other deferrals, please? Jena Rissman: Yes. Chairman, Jena Rissman, Kluger, Peretz, Kaplan, Berlin, and I apologize if I'm out of order on this. PZ.8, I know that it granted a deferral to the February meeting. We were seeking a deferral, after discussions with Susan Eaton yesterday afternoon, for the April meeting, due to the lack of -- due to the other approvals we need in advance of coming to the Commission. Mr. Maxwell: Which item? Ms. Rissman: Ms. Eaton had no objection. Chairman Teele: Who do you represent? Ms. Rissman: I'm sorry. I represent 40 Southwest North River Drive, East Coast -- Chairman Teele: Who? Ms. Rissman: East Coast Fisheries, the owner of the building. Commissioner Sanchez: I thought that was deferred. Ms. Rissman: Yes, sir. I log a deferral. Chairman Teele: Well, I tell you what we're going to do. We've already acted on that. It's a public hearing kind of thing. I'm not comfortable going back. Why don't you come back on that date and seek an additional deferral? Ms. Rissman: Yes, sir. I'll do that. Chairman Teele: Is that all right? City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Rissman: That's fine. Chairman Teele: OK. Ms. Rissman: If that's how you'd like to proceed, of course. Chairman Teele: If staff would -- yeah. Because we've already called it up and it didn't come up and I wouldn't -- I'd hate to change the date and somebody may have been here for that and got - - didn't get it right. Ms. Rissman: Yes. Chairman Teele: So, we'll -- I certainly will support the further deferral. Ms. Rissman: On the 26th. Thank you very much. Chairman Teele: On the 26th. Chairman Teele: All right. Would everyone please stand and raise your right hand and be sworn by the Clerk? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson (City Clerk): Thank you. PZ.1 03-0412 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ONYX PROJECT, TO BE LOCATED AT APPROXIMATELY 665 AND 721 NORTHEAST 25 STREET, AND 720 NORTHEAST 26 STREET, MIAMI, FLORIDA, TO BE COMPRISED OF A 27-STORY RESIDENTIAL BUILDING CONSISTING OF 118 MULTIFAMILY RESIDENTIAL UNITS, RECREATIONAL AMENITIES, AND A SEVEN -STORY PARKING GARAGE WITH APPROXIMATELY 170 TOTAL PARKING SPACES. 03-0412 Fact Sheet.PDF 03-0412 Analysis.PDF 03-0412 Zoning Map.PDF 03-0412 Aerial Map.pdf 03-0412 PAB Reso.PDF 03-0412 Application & Supp Docs.PDF 03-0412 Plans.PDF 03-0412 Legislation.PDF 03-0412 Exhibit A.PDF 03-0412 Exhibits B&C.PDF REQUEST: Major Use Special Permit for the Onyx Project City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 LOCATION: Approximately 665 and 721 NE 25 Street and 720 NE 26 Street APPLICANT(S): Biscayne Bay Lofts, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on December 17, 2003 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0043 Chairman Teele: PZ.1. Lourdes Slazyk: Thank you. For the record, Lourdes Slazyk, Planning and Zoning Department. PZ.1 is a Major Use Special Permit for the Onyx Project, located at approximately 665 and 721 Northeast 25th Sfreet, 720 Northeast 26th Sfreet. This project is located right on Biscayne Bay, between 25th and 26th Street. The project is going to consist of a 25 -- 27-story residential building, with 118 units. It will have a 7-story parking garage, with approximately 170 parking spaces. The project has been recommended approval unanimously by the Planning Advisory Board. It has also been reviewed by the Large-scale Development Committee and the Urban Development Review Board. The conditions that the department is requesting for the project, besides our standard Major Use Special Permit conditions, is an additional condition, pursuant to the UDRB (Urban Development Review Board) review. In that review, the UDRB requested that the parking garage be reconsidered if it does not provide the landscape coverage as shown to them at that UDRB meeting, and also, that the sidewalk material be extended to continue across the front and back of 25th Sfreet, the driveway, and the ADA (Americans with Disabilities Act) access. Because this project is located on a street that dead -ends into the bay, it's very important that the 25th Street section be treated appropriately, because it is one of the few public access points to the water in the City. I'd also like to add one thing to Condition 7. Condition 7 requires that certain documents be recorded prior to shell permit with the City. I'd like to add that a recorded copy of the development order be submitted to the City -- the final resolution and development order, prior to that shell permit. Other than that, the project is recommended for approval. They've done all the appropriate lining on the water side of the project, and we recommend approval. Chairman Teele: Does the developer accept all of the conditions? Adrienne Pardo: Yes, we do. City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Your name for the record, please. Ms. Pardo: Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. Chairman Teele: Let me ask, is there anyone here in opposition to the special use permit? All right. If not, ma'am, you want to just go ahead and close up with anything you'd like to say, other than thank you? Ms. Pardo: Thank you, and we'd love to have your vote of approval. Vice Chairman Sanchez: So moved, Mr. Chairman. Chairman Teele: It's been moved -- Commissioner Gonzalez: Second. Chairman Teele: -- and seconded. One question. Is the developer working with Commissioner Winton and the staff in this effort to mobilize private developers in the efforts of hiring people from within the local community? Have -- is that on the record or off the record? Mr. Bermello, it's a pleasure to see you. Willy Bermello: Mr. Chairman, Willy Bermello with address at 2601 South Bayshore Drive. We will work with our contractor, MK Contractors, together with the City and Commissioner Winton to make sure that our subcontractors, (UNINTELLIGIBLE), reach out to the available workforce that is available to -- so we can hire people. In this project, we'll be hiring approximately 300 persons during the construction, so we hope that it'll be a good stimulus to the economy. IfI could make one comment. One thing that we've done that I think goes a little bit beyond and above -- and I would hope that other developers do the same for the neighborhood. We are developing, not because it's required, not because anybody forced us to, or not because we negotiated with a next door neighbor, but we're providing a boardwalk, public boardwalk that we will improve along the full extent of the shoreline, so that, hopefully, one day, if other people do the same, there could be jogging trails that go all along from the Omni area, all the way to 36 th Street. We're also improving the street end, which we know we'll have to file a covenant because we'll be responsible for maintaining it, clipping the trees, changing the light bulbs, making sure there's a paver. It comes up, we replace it, and we want to thank the Planning staff and Public Works for working with us in this kind of public private partnership to make this a much better neighborhood than what it is today, and we will definitely work with Commissioner Winton towards the employment aspect. Yes, sir. Vice Chairman Sanchez: Mr. Chairman, this is perfectly -- a perfect example of what we've learned from our sins in the past, where we have learned to protect the public's right-of-way. The sins of the past in Brickell, as you can see, people are denied the access to walk on the bay, or even a decent view from the bay, so I'm glad to see that the Administration Department and the developers today are on the same sheet of music, protecting the people's bay, which it belongs to the people, not to those that are well off that could buy a beautiful apartment overseeing the bay, so I'm thrilled to see that this is the new direction that we've taken in the City to see the development along the bay up north, as we continue to move up with growth. As you can see, the City ofMiami is forced to develop vertically, due to the demand of people moving back into the City, because things are absolutely getting better in this magical city, so I commend the developers, I commend the architects and I commend all those who have that vision to protect the people's right-of-way. In this case, it's the baywalk and our beautiful bay. Thank you Mr. Bermello: Thank you, Commissioner. City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Thank you very much, and the comment you're making, I would hope that you all would arrange -- staff would arrange for the Waterfront Board to sort of be briefed on this, because I think it really is a statement of how voluntary kind of things can create a good neighbor policy. I know that Ernie Martin, who's chairing our Waterfront Advisory Board, has expressed a lot of concerns along the Omni area and other areas where this just hadn't been done, so this is a good effort. By the way, this is a handsome building. Who's the architect? Do you know? Mr. Bermello: Well, BNA -- I'd like to introduce our partner BNA, and project architect, Kenny Hawkins, and Kenny has done a terrific job for us, and he's -- he right now sits on the Zoning Board in the City of Fort Lauderdale. I'm trying to get him to be sitting -- and hopefully you don't do away with some of these boards that -- Chairman Teele: Kenny, would you just put your name and address for the record? Ken Hawkins: Ken Hawkins, 2601 South Bayshore Drive. Chairman Teele: And you are the architect? Mr. Hawkins: Architect, yes, for the Onyx Project. Chairman Teele: Thank you. All right. Is there further discussion? The motion includes with the conditions. Ms. Slazyk: Yes. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed, say "no." PZ.2 03-0413 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE TUSCAN PLACE PROJECT, TO BE LOCATED AT APPROXIMATELY 501 NORTHWEST 7 AVENUE, 600, 658, AND 670 NORTHWEST 6 STREET, 621, 625, 635, 637, AND 647 NORTHWEST 5 STREET, MIAMI, FLORIDA, TO BE COMPRISED OF TWO RESIDENTIAL TOWERS CONSISTING OF 374 MULTIFAMILY RESIDENTIAL UNITS, RECREATIONAL AMENITIES, AND A PARKING GARAGE WITH APPROXIMATELY 515 TOTAL PARKING SPACES. City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 03-0413 MUSP Fact Sheet.PDF 03-0413 MUSP Analysis.PDF 03-0413 Zoning Map.PDF 03-0413 Aerial Map.pdf 03-0413 River Comm Recomm.PDF 03-0413 HEPB Reso.PDF 03-0413 PAB Reso.PDF 03-0413 MUSP Application & Supp Docs.PDF 03-0413 Sp Ex Fact Sheet.PDF 03-0413 Sp Ex Analysis.PDF 03-0413 ZB Reso.PDF 03-0413 Sp Ex Application & Supp Docs.PDF 03-0413 Plans.PDF 03-0413 Legislation.PDF 03-0413 Exhibit A.PDF 03-0413 Exhibit B.PDF 03-0413 Exhibit C.PDF 03-0413 - River Commission.pdf REQUEST: Major Use Special Permit for the Tuscan Place Project LOCATION: Approximately 501 NW 7 Avenue; 600, 658 & 670 NW 6 Street; and 621, 625, 635, 637 & 647 NW 5 Street APPLICANT(S): Trinity Resources International, LLC, Owner and Gatehouse Development Corp., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* on December 16, 2003 by a vote of 7-0. MIAMI RIVER COMMISSION: Unanimously recommended approval. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on December 17, 2003 by a vote of 6-0. ZONING BOARD: Recommended approval of special exceptions to City Commission on December 15, 2003 by a vote of 8-1. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Sanchez and Winton R-04-0045 City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Direction to the Administration: by Chairman Teele to work with the Department of Economic Development to research information on jobs that can be created in order to open the door to developers who may voluntarily want to make a commitment to hire people from neighborhoods such as Wynwood, Allapattah, Overtown, Little Havana, Little Haiti, etc., for work on major use special permits. Chairman Teele: All right. Item Number 2. Thank you, Luis. Vice Chairman Sanchez: PZ.2, right? Chairman Teele: PZ.2. Luis, thank you again. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 2 is a Major Use Special Permit for the Tuscan Project, located at approximately 501 Northwest 7th Avenue, 600, 658, and 670 Northwest 6th Street, 621, 625, 635, 637, and 647 Northwest 5th Street. This is located right off the 5th Street Bridge. The proposal is for two residential towers. A project of two towers consisting of approximately 374 total multifamily residential units, with a parking garage consisting of about 515 total parking spaces. The project has been recommended for approval by the Planning Advisory Board, unanimous approval, and recommended approval by the Planning and Zoning Department. Throughout the design review process, there were a few issues that came up with the Planning and Zoning Department that we've added as conditions to this Major Use Special Permit. First of all, we would ask the applicant to articulate the parking garage facade and the surface parking opposite the lawn and the driveway from the street by providing sufficient landscaping and/or architectural elements to hide the surface parking from public view, and that they either relocate the loading area, or provide, again, sufficient landscaping or architectural elements to minimize the impact of this condition. This project did use residential liner units on a good amount of the parking garage, and we commend them for that because it's a nice job of lining, you know, this size parking structure. Other than that, I'd also like to add condition number seven -- just like the previous major use -- that they also record a copy of the resolution and development order for this project prior to obtaining their shell permit. That being said, we recommend approval. Chairman Teele: All right. Mr. Attorney -- Mr. City Attorney, Vilarello, Alex -- have -- you know, this thing keeps coming up. In light of the meetings that Commissioner Winton and I have been sort of co-chairing relating to how do we voluntarily get people -- developers to really engage in hiring people from the neighborhoods? We talked about Wynwood and Allapattah yesterday, and Little Havana, as well as Overtown and Little Haiti. Have we, at all -- under special use permits, is it permissible to seek the identification of the number of people -- estimated number of people that would be employed to complete the project? Just that kind of information. Alejandro Vilarello (City Attorney): With regard to the economic impact? Chairman Teele: Yeah. Mr. Vilarello: Yes. Chairman Teele: Have we looked at trying to take some of the things that Commissioner Winton has been working -- and including it, for example, in our Major Use Special Permits like that? Mr. Vilarello: I don't know. Ms. Slazyk: One of the things that the applicant gives us along with their application, which is in your books, is a -- the Minority Participation Plan for when they go into construction, but that is not directly related to where those people live. It's a certain obligation for minority, but not for City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 neighborhood employment. Chairman Teele: Well, I guess that's the point. I guess what I'm suggesting -- Ms. Slazyk: You want to add that. Chairman Teele: -- is rather than just looking at minority -- Ms. Slazyk: That they add that. Chairman Teele: -- subcontract plan, we should look at working with Mr. Keith Carswell, that department, to see if we can get a little bit more information about the jobs that can be created, so that that opens the door to our City staff working with NET (Neighborhood Enhancement Team) offices and how this process is going to develop. Because I know that the developer, in this case, Gate -- Adrienne Pardo: Gatehouse. Chairman Teele: Gatehouse, is always sensitive to minority issues and workforce issues. OK, so we need to look at how we can incorporate this in our Major Use Special Permits -- Ms. Slazyk: Yeah. Chairman Teele: -- and not just do it as a one by one. Ms. Slazyk: Yeah. Mr. Vilarello: In addition to that, we are following up on Adrienne's suggestion as -- in terms of increasing the affordable housing component or using a portion of it for training purposes, instead of the Affordable Housing Trust. Ms. Pardo: Hi. Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here today on behalf of Gatehouse, which is also doing a joint venture on this particular project with BAME (Bethel African Methodist Episcopal), and Bill Mauzy's with me here today, along with Mike Spetko and Jim Coningeiser (phonetic), also from Gatehouse. With regard to the issue that you are speaking about, Commissioner Teele, since I was at that luncheon meeting, I did address it with my client prior to the hearing tonight, and Bill would like to address that with you. They were very agreeable to it, and actually, they do currently do that, pursuant to Section 3, and Bill can go into that in more detail. Chairman Teele: All right. Just very briefly. Bill Mauzy: Bill Mauzy, President/CEO of BAME Development Corporation, which is a partner in this deal. We have Section 3 built into it simply because we do have some federal dollars in it, and that's kind of automatic, and just like we did the Miami River project, we went out into the community, put -- posted things in the Culmer Center, in terms of jobs availability, and did all of that, so -- and we had -- one part of the first project we did was a minority that did all of the historic part of the entire Miami River Project. Chairman Teele: OK. Mr. Mauzy: So, that's going to be (UNINTELLIGIBLE). Chairman Teele: What I want to make sure that we're doing is we're staying consistent with this other issue. The issue that Commissioner Winton is trying to work through, and how do we City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 integrate this into our major projects is, ifMiami is fruly the poorest city in the nation, as the statistics tell us that it is, how do we get our developers to make a commitment -- voluntary commitment to go into the neighborhoods and seek out, for employment, either through the subcontractors or other contractors, the skills and the trades that are so apparent, particularly, in the Allapattah area, in the Little Haiti areas, and in other areas. This is about workforce development and frying to develop a model for workforce utilization primarily from the City of Miami, to be very candid about it. Primarily from the City ofMiami. Mr. Mauzy: The language is very clear in Section 3, so ifI needed a model, I would take that model and I would develop some kind of resolution of City law that that would have to happen if you're going -- Chairman Teele: See, we can't do that. Mr. Mauzy: Well -- Chairman Teele: We -- what we're trying to do is deal with voluntary -- Because most of these projects don't have federal dollars in them. Most of these projects are developers coming in and developing, and the more affluent the project, the more jobs there are, and somehow, we're trying to connect developers with workforce, and I don't want to sidetrack you because I -- but I use this because I know Gatehouse is particularly sensitive to these kinds of issues. Michael Spetko: Mr. Chairman, Commissioners, Mike Spetko, Vice President of the Gatehouse Group. We hear what you're saying. We are sensitive to that issue and -- Chairman Teele: Why haven't you been coming to Commissioner Winton's meetings? Mr. Spetko: To be honest with you, I did not know of them. Ms. Pardo: He didn't know. I got notice the day before. Mr. Spetko: And had I known, we would go to those. Chairman Teele: Well, see, if he were here, he'd be saying it himself so I'm -- Mr. Spetko: I understand. You know, we're open to it. You know -- I don't know how it applies to this situation, but going to these committees we're, you know, open to contributing as much as we can. Chairman Teele: We don't want to create a regulatory burden. That's the main thing. Mr. Spetko: I understand. Chairman Teele: We just want to try to get more people employed from the City without regard to ethnicity, but purely regards to economics. Are there op -- is there opposition to this item, at all? Is there a motion? Commissioner Gonzalez: So move. Commissioner Regalado: Second. Chairman Teele: Moved and second. This was a resolution by the --All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: All opposed have the same right. Thank you. Commissioner Gonzalez: All I just wanted to add is that the point that you made is a very valid point, and I believe it's very important, but once you were using federal dollars, you have to comply with the Davis Bacon Act, and in addition to that, you have to comply with Title 3, which implies that you have to hire minorities. Now, for us to impose -- and it's not -- in reality, it's not a function of the developer. It's a function of the builder -- Chairman Teele: The builder. Commissioner Gonzalez: -- or the general contractor that is going to do the project, the one that we could ask, because we can't demand. We could ask that please take into consideration employing people from the City ofMiami or from the neighborhoods. Chairman Teele: Is this job Davis Bacon compliant? Mr. Spetko: This job is not Davis Bacon, no. Commissioner Gonzalez: It doesn't have any HOME (Home Investment Partnership Program) money, right? Mr. Spetko: This has no HOME funds, but it will, hopefully, maybe get support from the City of Miami, some HOME funds. Commissioner Gonzalez: I beg your pardon? I can't hear you. Chairman Teele: Hopefully what? Mr. Spetko: It's possible we'll get some HOME funds from the City ofMiami. Chairman Teele: From where? Mr. Spetko: From the City ofMiami. Commissioner Gonzalez: HOME funds are not from the City ofMiami. HOME funds are federal monies. Mr. Spetko: Correct. Chairman Teele: But we ad -- Mr. Spetko: We comply with all federal requirements, and speaking to this specific issue -- Commissioner Gonzalez: The City ofMiami is the sub -recipient of those funds. Chairman Teele: Yeah. Commissioner Gonzalez: But the federal regs apply to the recipient and the sub -recipient, so -- Mr. Spetko: Yes, sir. Yes, sir. We welcome to be involved in these committees, and we'll make sure that we go to the next meeting. Thank you very much for your support. Chairman Teele: Is there further discussion? All in favor, say "aye." City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? We've approved it twice, is that right? OK. Ms. Pardo: Thank you. PZ.3 03-0421 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES, 22 AND ARTICLE 4, SECTION 2504, HIRING HALL, TO ALLOW A HIRING HALL OR LABOR POOL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5624 NORTHWEST 2 AVENUE, SUITE C. 03-0421 Fact Sheet.PDF 03-0421 Analysis.PDF 03-0421 Zoning Map.PDF 03-0421 Aerial Map.pdf 03-0421 ZB Reso.PDF 03-0421 Application & Supp Docs.PDF 03-0421 Plans.PDF 03-0421 Legislation.PDF 03-0421 Exhibit A.PDF REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 5624 NW 2 Avenue, Suite C APPLICANT(S): First Staffing, Corp APPLICANT(S) AGENT: Hernan Torres, President FINDINGS: PLANNING AND ZONING DEPARTMENT: Approval with conditions*. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: No comments. ZONING BOARD: Recommended approval with a condition* to City Commission on December 15, 2003 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a hiring hall or labor pool. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Sanchez and Winton City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 R-04-0046 Chairman Teele: Next item. We do have an item scheduled for 5 p.m. at the request -- and that's the street closure, so let's try to move through it. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 is a special exception, which requires City Commission approval in order to allow a hiring hall or labor pool. This particular application is 5624 Northwest 2ndAvenue. The proposal has been reviewed by the Planning and Zoning Department and is recommended as approval with conditions. It's also been before the Zoning Board, and was recommended for approval with a condition to the City Commission by unanimous vote. The specific condition that we're recommending is that the existing facade sign specifications and paint color samples be submitted for review and approval by the Planning Department prior to the issuance of building permits. This proposed use is in scale and character with the surrounding area, and would be an appropriate adaptive reuse of the existing structure. We would just want to see how they plan to paint it and sign it and everything to make sure that it's done well. Hernan Torres: My name is Hernan Torres. I am President of First Staffing Corp. We are located in Miramar and we plan to open a branch in Little Haiti what is called First Staffing or labor hall -- labor pool, and we'll be able to provide employment to people in the neighborhood. As you mentioned before in the item, this will be opportunity to keep jobs to the people that need it in that neighborhood. Chairman Teele: All right. Are there any persons here in opposition to this item? Are there any persons here in opposition to PZ.3? Last time we approved a labor hall, and six months later, we had a lot of people coming out -- that was the one in the Omni area. Is there a motion to approve it? Commissioner Gonzalez: Move to approve. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Congratulations, sir. Mr. Torres: Thank you. PZ.4 03-0422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF A ROADWAY (SOUTHWEST 2ND COURT) BETWEEN SOUTHWEST 17TH ROAD AND 1-95, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" (HEREBY ATTACHED). City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 03-0422 Fact Sheet.PDF 03-0422 Email from Hearing Brds to Law.PDF 03-0422 Public Works Analysis.PDF 03-0422 PZ Analysis.PDF 03-0422 Zoning Map.PDF 03-0422 Aerial Map.pdf 03-0422 ZB Reso.PDF 03-0422 Application & Supp Docs.PDF 03-0422 Legislation.PDF 03-0422 Exhibit A.PDF REQUEST: Official Vacation and Closure of a Public Right -of -Way LOCATION: Approximately a Roadway (SW 2nd Court) Between SW 17th Road and 1-95 APPLICANT(S): Century Homebuilders, LLC APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended denial to City Commission on December 15, 2003 by a vote of 5-4. PURPOSE: This will allow a unified commercial development site. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to CONTINUE consideration of Item PZ.4 to 6 p.m. at the Commission Meeting currently scheduled on February, 26, 2004; further instructing the applicant and the attorneys to meet with area residents to negotiate a real compromise and to come back with a written agreement of said negotiation. Direction to the City Attorney and City Administration: by Chairman Teele to provide a legal opinion from the City Attorney regarding whether or not the City may close the street (SW. 2nd Ct., between SW 17 Rd and I-95) and authorize the plat; further requesting that the Administration supplement the record with a report relating to the current road and the capacity for a fire aparatus to go in and out of the area. Chairman Teele: PZ.4. Ms. Slazyk: We're going to go back to 4? PZ.4. PZ.4 is a request for an official vacation and closure of public right-of-way being a portion of roadway Southwest 2nd Court, between Southwest 17th Road and I-95. The Planning and Zoning Department is recommending denial, finding that the proposed closure has no public benefit being provided as a component of the street closure. Chairman Teele: And what's your recommendation? City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Slazyk: Denial. Chairman Teele: And -- Ms. Slazyk: It was also recommended by the Zoning Board denial to the City Commission. Chairman Teele: And Public Works? Is there a Public Works representative here? Stephanie Grindell: Stephanie Grindell, Director of Public Works. The Public Works -- Chairman Teele: I didn't hear your name. Ms. Grindell: Stephanie Grindell, Director of Public Works. The Public Works Department believes that all the technical requirements of the City Code have been met, so we recommend approval. Vice Chairman Sanchez: Public Works approves it. Chairman Teele: No. That's not what she said. She said the technical requirements have been met. That's engineerese (sic) for we ain't in it and we ain't getting in it. Unidentified Speaker: Say it again. Unidentified Speaker: Well -- Chairman Teele: All right. All right. The applicant. Ines Marrero: Yes. Good afternoon, Mr. Chairman, members of the Commission. For the record, my name is Ines Marrero. I'm an attorney with offices at 1 Southeast 3rdAvenue. I am here on behalf of the applicant, Century Builders, LLC, requesting the road closure of a portion of Southwest 2nd Court, between 17th Road and I-95. The portion that's being requested for vacation is approximately 7900, and the intent of vacating the street is, indeed, to create a unified site. I would like to address the -- just this comment by Chairman Teele regarding Public Works approval. Take you to the criteria for sfreet closure vacation that is set forth in Section 55-15 of the City Code, not the Zoning ordinance. Section 55-15 requires that the Public Works Department and the Streets and Plats Committee make a determination that closing of the street will not affect pedestrian and vehicular circulation. It will not affect access for public service vehicles. The roadway is not part of a critical pedestrian or vehicular transportation network, and then, of course, all the other technical requirements of the plat are met. As you know, that recommendation still has to go before the Zoning Board for a recommendation to you all as to whether there is public benefit in closing the sfreet. I have here before you an area -- Michael -- my colleague, Michael (UNINTELLIGIBLE), who works with me -- depicting the area. Just to place you, this is Coral Way. Brickell Avenue would be here. This is I-95. This is the Extended Stay Hotel, and this is the sfreet that we're proposing to close, and this property -- the northern portion of the property is zoned C-1, and the rear is zoned Office. I would like Michael to show you very briefly -- and I know it's a long agenda. I won't take very long because I believe this is a very, very simple well justified request -- a copy of the plat of this property. This property was platted in 1922, way, way before any of us were here, and at that time, the property -- the street that we're closing is located right here, and, obviously, the intent of Southwest 2nd Court was to connect all these blocks, and to provide connectivity, vehicular access, and connect streets and have people walk by, walk their dogs, ride their bicycles, whatever. On or about 1960 some, I- 95 was built, and I-95 -- I have overlaid a tape of where I-95 now exists, and I will now show you an area bisected that sfreet so that it now dead -ends at this point where we're asking the street to be vacated. Could you show, Michael, the -- what it looks like now, which we're just City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 looking at. It dead -ends on I-95. I submit to you that there is immense public benefit in closing this sfreet. Let me first address the fact that if you drive down the sfreet, there is not enough turn around space. If an emergency vehicle or fire truck emergency vehicle were to go down there in response, they'd have to back into that sfreet because they can't turn around. I don't know how the residents who used to live in these homes had their solid waste picked up by the City, because a garbage truck, the ones that we had before or the ones that we have now, cannot pull into that street. They would have to back in or the residents would have to put their trash on the corner of 17th Road because there is no way a garbage truck can turn around at that point. Furthermore, this dead-end -- I've lost my audience, but Commissioner Sanchez is here and he's a resident of the area -- that dead -ends right there. There's no -- people are not walking down these streets. The street dead -ends right there and it's I-95 right there. There's -- could be loitering. There could be vagrants. Closing this street will create a unified site that is going to provide for better development, better access, better circulation. We respectfully submit that closing this street is the right thing because this is an obsolete street, and you're, thereby, going to be eliminating the cost of the City of maintaining the street, including it in the tax rolls is going to be a public benefit, and right now, the street is a public burden. Eliminating maintenance cost to the City, poor access to City emergency and service vehicles, public safety issues with frash dumping and vagrancy is a public benefit. I believe my colleague, Mr. Tucker Gibbs, is here this afternoon on behalf of the Miami Roads Neighborhood Civic Association. For the record, I would like the Commissioners to know that I met with the Miami Roads representatives before the matter was heard by the Zoning Board, and, unfortunately, there was nothing my client could offer to gain their support. I would like to reserve three minutes for rebuttal after Mr. Gibbs is done with his presentation. Thank you. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, with law offices at 215 Grand Avenue in Coconut Grove, and I represent the Miami Roads Neighborhood Civic Association. My clients object to this project, a proposed right-of-way closure, and the issue is very simple. The road closure will have a basic effect of changing the character of the area by unnecessarily increasing the intensity of use on the property. Through this closure, you will give this developer 7,866 square feet of public property, the right-of-way. According to the Tax Assessor's Office, that property is worth between two hundred and thirteen thousand dollars and five hundred and eighty thousand dollars. Two hundred and thirteen at the assessed value based on the sale of the property to Century Homebuilders of the adjoining property, and five hundred and eighty thousand dollars on the sale. The assessed value from the tax assessor is the lower of it. The extra floor area ratio they get for this project by this roadway abandonment will net them 4,519 square feet, which is approx -- and if you take it at a hundred dollars a square foot, it's about four hundred and fifty-one thousand dollars worth of value given away by the City ofMiami to a developer for its profit, and that is not a public interest. Let's look at the City Code. The standard for a right-of-way is that it must be for a public purpose. It says the City Commission makes that determination. What is the public purpose here? Do we know what will be built here? Is it going to be a Major Use Special Permit office, residential, commercial? Will it need a variance, a special exception? We don't know because any promise that is made here can be broken because this is about a road closure. What we do know is this road closure will allow the developer to assemble his parcels and build a bigger building here than would otherwise be allowed. You have the authority to determine what is the public purpose, and the questions that we want to pose to this Commission: Is the public purpose served where a road closure gives the public right-of-way to a property owner for its use, and increases that owner's land area and, therefore, increases its allowable density? Is the public purpose served where public open space is replaced by a large building? Is the public purpose served where a road closure allows a large project, larger than otherwise allowed, within a well -established residential neighborhood, zoning notwithstanding? Is it a public purpose to give to a private developer, as I said before, 7, 866 square feet of public land, with a value between two hundred and five hundred thousand dollars, in addition to the additional FAR (Floor Area Ratio) they get from measuring out into the right-of-way? I'd like to show you this drawing -- this survey. This is a survey of the property, and this, in pink, solid pink, is the abandonment, the 700 -- 7,000 -- 6,000 -- 7,000 City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 square foot right-of-way. This area out here into I-95 is area they get to measure for their FAR. This is one of their properties. This is the area they get to measure out into I-95 for their FAR. They get that for free from the City. Look at the comparison. They're going to get a lot of free FAR and free profit from the City. The issue here, they want to join this property. When they join it, they can build a much bigger project, a much more massive project. The Florida Supreme Court has held that while a City Commission may have the discretion and the authority to abandon right-of-way, it cannot vacate a street for a purely private interest, and that case is Roning (phonetic) Investment Corporation versus the City ofMiami Beach, and it's a 1937 case that has never been overturned. This is what this is all about. This application is a purely private interest to get more density, more square footage, and build a bigger building than otherwise would be allowed. It's nothing more than a request for public land for private profit. Let's look at the City's Comprehensive Plan. It's your blueprint for future development. Goal number one says -- your goal in your Comprehensive Plan is "to maintain the land use pattern that enhances the quality of life in the City's residential neighborhoods." I don't know how this does that. Objective 1.1 says it's "to ensure the land use regulations and development policies are consistent with fostering a high quality of life in residential neighborhoods." I don't know how this does that. Policy 1.1.3 says, `Residential neighborhoods shall be protected from the encroachment of incompatible land uses, from the adverse impact of future land uses that degrade public health and safety, that have an impact on residential neighborhoods." This road closure and the increased density it will bring to this neighborhood violates this core idea, to preserve the residential quality of life in residential neighborhoods. This is a development order that is inconsistent with your Comprehensive Plan. Finally, let's look at your professional staffs recommendation. Your professional staff -- the Planning Department has the job to determine and to make a recommendation to you all whether it is in the public interest, and your professional staff has said, "No, it is not." Your staff report says, "This abandonment could have unanticipated long-term consequences, and could ultimately facilitate the development of a building that is inconsistent with the height, bulk, scale and character of existing buildings south of the Roads area," and they conclude by saying, "the owner failed to demonstrate any public benefits that would be provided as a result of the proposed street abandonment." I want to add one last thing. I want you all to cast your eyes back -- and I think all three of you all were on the City Commission on November 16, 2000, when an issue exactly like this came before this Commission. Commissioner Gonzalez is the only person who was not here on that Commission. That was a project -- that was a roadway abandonment on 18th Road, and this City Commission voted unanimously to deny it, and, Commissioner Sanchez, I don't want to put you on the spot, but what you said, I think, really characterizes our problems with this project. You said, in your concluding comments, "We are elected by you to protect your assets, the public assets, and that road" -- meaning 18th Road -- "belongs to the public. This project becomes such a mammoth project if we allow for them to close that road, so that's the concern that I have, that I have to protect that road because it belongs to you. Second of all, it's very simple. You" -- meaning the neighbors -- "are the ones being affected." Finally, you go, "The other thing is, you know, I always make the argument that the City needs revenue. Yes, we do. We don't need it that bad, but the City needs revenue because the biggest concern that we get is 'my taxes are too high,' and that's a concern that I always bring out, but based on the idea that I can't support. It's a giveaway of the land that belongs to us, the taxpayers of the City ofMiami, and being that it's so close to single-family residents, it's right bordered -- I mean, it's a great concern that I have. This project is just too much of a mammoth project to be placed here, and in the long run, you know, I have so much love for that neighborhood, which I live in -- I live in the Roads -- in the long run, it's not just going to be good for that area, and I cannot be a part of anything that will deform what I consider to be one of the most and the prettiest neighborhoods in the City of Miami." Commissioner Winton echoed those in that discussion, and the point is, there is no public interest here. The only interest is to allow a property owner to make more money and build a bigger building, a building that is not in character with the surrounding structures in that neighborhood, so, on behalf of the Miami Roads Neighborhood Civic Association, I urge you to vote "no" and deny the application, as the applicant has not shown, by any competent or substantial evidence, that the road closure serves any benefit to the public. Thank you. Oh, and City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 I -- excuse me. I'd like to hand to the Clerk a copy of the minutes of that hearing in 2000, and put that into the record. Thank you. Chairman Teele: When they finish, you'll be given more than three minutes. Ms. Marrero: OK. He's going to speak. Chairman Teele: You'll have as much time as they had. Ms. Marrero: I'm sorry. I thought he spoke for all of them. I apologize. Chairman Teele: All right. Unidentified Speaker: Yeah, I do. Vice Chairman Sanchez: Yes. Mr. Gibbs: Mr. Chairman. I was -- I thought that she had her opportunity to begin with, so she's allowed to have as much time as I had on my rebuttal to her to rebut me? Chairman Teele: Who's the applicant? Ms. Marrero: No, no, no. Mr. Gibbs: She's the applicant. Ms. Marrrero: I am -- he thought I was going to address -- rebut you right now. I didn't -- Mr. Gibbs: Oh, I see. OK. Ms. Marrero: I wasn't aware that he's going to speak. Mr. Gibbs: I'm sorry. I beg your pardon. I apologize. OK Ms. Marrero: I thought you had -- Chairman Teele: All right. Ms. Marrero: -- that was the end of all the objectors. Chairman Teele: Are you completed? Mr. Gibbs: I'm complete. Chairman Teele: All right. Yes, sir. Joe Wilkins: This is a public hearing, right? Chairman Teele: This is a public hearing. Mr. Wilkins: OK. Chairman Teele: Any person in opposition is in order now. Mr. Wilkins: I'm the public. Joe Wilkins, 228 Southwest 23rd Road, since 1959, long enough to City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 have ridden my bicycle up 2nd Court when it was a public thoroughfare, and to realize the public benefit then. Chairman Teele: By the way, hold on. Madam Director -- Madam Manager -- Madam Manager, would you make sure that the Fire Department and the Public Works Department are prepared to discuss how a fire fruck gets in and out of there now, et cetera, et cetera, et cetera, please? Mr. Wilkins: OK. The zoning that is in place in this whole corner of our neighborhood was put in a long time ago to encourage development. These developers have two parcels of land. They can build two nice buildings, probably more than we would like, given the circumstances, but they're legally entitled to build two very nice buildings. By taking the public land, as Tucker pointed out, to increase the density, to increase the traffic, to increase the demands on public services, this is not a benefit -- we don't feel, as an association -- to our community. What we need in this area, and what is a public benefit in this area is open space, and that's the function this sfreet has now. We have precious little and ever decreasing open space with the magnitude of the development that's going in in the area. Open space is a public benefit and it is a big part of the character of our neighborhood. There is also a question of precedent. A block down from this project, there is Southwest 2nd Avenue, which also dead -ends at I-95, and if you're to grant this today, I don't see how you could possibly deny granting someone who wanted to do the same thing on 2ndAvenue, which will, in effect, give us wall-to-wall buildings all along I-95, with absolutely no break in them and no public space -- open space. Again, the open space is what we consider to be the public benefit, and this is why we're asking you to support your City staff and your Zoning Board to deny this closure. I've also been asked by some of the residents in the area, who could not be here today, to record their opposition, and I will do that. Mr. David Powell of 31 -- David and Verna Powell from 3111 Southwest 4th Avenue are not able to append -- attend, but want to go on record as being opposed to the closure. Ms. Sandra Voucher of 336 Southwest 18th Terrace also recorded her opposition to this. Ms. Charlotte Nagymihaly, 1738 South Miami Avenue cannot be here today, but did want to record her vigorous opposition to giving away the public land for private profit, which is what this is about, and Mr. Fransciso Vella -- was going to fry to be here. I don't believe he was able to make it -- from 2221 Southwest 2ndAvenue, again, is against giving our land -- this street is our sfreet. We do find a benefit to it being there. The benefit is to give us the open space and a break from the magnitude of the development which is allowed in the area. Thank you very much. Chairman Teele: All right. Are there any other persons in opposition? If not, Counsel, you're afforded the opportunity to rebut. Ms. Marrero: Thank you. Very quickly. As to whether this is for private benefit or public benefit, we have proffered an opinion of title accompanying this request that shows that the City has a right-of-way on this property, but the reversionary interests are in the fee owner, the abutting property owners, so, this is -- whether it is for public or private purpose is not before us. The City Code establishes what the requirement is. It is -- the vacation and closure of streets, the criteria is whether it is in the public interest or would the general public benefit from the vacation of the rights -of -way or easements? If the general public no longer using the rights -of - way or easements, including public service vehicles, such as trash or garbage trucks, would there be no adverse affects on the ability to provide police, fire or emergency, and with a vacation and closure of the right-of-way have a beneficial effect on pedestrian and vehicular circulation? My client owns all of the abutting lots that would need this street for access, so if we want to give it up, we don't need the street for access to our properties once the property is unified. I have given you information to the effect that this lot -- this street is, right now, obsolete; that you cannot provide fire service, you cannot provide solid waste service, emergency service, without -- in an appropriate way. There's no -- enough turn around. There's not a cul- de-sac. This is 172 linear feet of street that once served a purpose and no longer do. It is obsolete, and that is the -- that's what you all have to decide, is whether there is public benefit in City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 closing it, and I submit to you, respectfully, that the cost of maintaining the sfreet and the risk to providing the necessary basic services to these lots by having an inadequate street there are a public benefit, and that the people in this neighborhood -- and ifI may -- this -- I speak this as a layperson. I am a resident of this neighborhood. I walk this neighborhood. I jog it. Nobody walks down that street. Nobody's walking their bikes. Nobody's walking their dogs. This is an obsolete street. There can be vagrants at the end of this street and frash dumping. It doesn't serve any purpose. There is public purpose in closing a sfreet that is obsolete, and the final determination is up to you, based on the information that we've all provided. Chairman Teele: All right. Are you completed with yours? Ms. Marrero: Yes, sir. Chairman Teele: All right. The public hearing is closed. Mr. Gibbs: Mr. Chairman, I need to at least put this on the record. Point of law. I never addressed the issue of the plat in my rebut -- in my presentation, and the issue of the plat was introduced on rebuttal. I think there were some issues there that were confusing. I would like to clarify the record on the part of my clients as to the language on the face of the plat and the implications to this road closure. Chairman Teele: All right. I'm not going to open this up for a debate. Mr. Gibbs: I understand. Chairman Teele: You and the City Attorney need to get (INAUDIBLE). Mr. Attorney, I don't want this to be used as an opportunity for him to get into a long discussion. If there is something factually correct -- incorrect that you want -- Mr. Maxwell: I think that's the case. I think that was a statement made, and it was in -- she -- on rebuttal, Ms. Ines -- I'm sorry. Ms. Marrero: Marrero. It's fine. Mr. Maxwell: Ms. Marrero exceeded the rebuttal parameters, and I think he wants to correct that one point. Chairman Teele: You're free to correct the record, as long as counsel agrees with you on the correction. Mr. Maxwell: Yes, I do. Mr. Gibbs: OK. The correction I'd like to put in -- the face of the plat -- and I have a copy of the plat here. It specifically does not give the City a reversionary interest in these properties. Chairman Teele: What's the year of the plat? Mr. Gibbs: 1922, and that -- the face of that plat says, "all sfreets, avenues, roads, courts and terraces as shown and marked on designated thereon are hereby dedicated to the perpetual use of the public, reserving, however, to the C. J. Holloman Company, its successors and assigns all reversion and reversions, remainder and remainders when said sfreets, avenues, roads, and terraces, and courts cease to be used as public highways or is closed or vacated in accordance with law." The reason why this important and it is critical to our argument is, there is an issue - - it's an issue that comes up -- it used to come up in front of the Zoning Board every single road closure because Mr. George Barkett, who was Chairman, used to bring it up, and the issue is, is City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 that the heirs of the C. J. Holloman Company have the reversionary interest, not the City, and what Ms. Prieguez (sic) did say was that they proffered an opinion of title saying that the reversionary interest is in the City because of a State law that was enacted in the 1970s. The problem with that -- and that's why I need to put this on the record -- the problem with that is that an opinion of title doesn't really mean anything to the City ofMiami, in my opinion, because it's not bonded. If you allow this road closure to go in, a developer builds on this property, and 10 years down the road, someone from -- an heir of the C. J. Holloman Company comes up and says, "That's my reversionary interest, " but the State law says otherwise, you're going to be into a lawsuit. The last time I looked at the United States Constitution, it had a prohibition on ex post facto laws. The State Statute specifically relates back and says everything is now a reversionary interest to the abutting property owners, and it is our position, from a legal perspective, that based on the language on the face of this plat, that the reversionary interest is not in the City, and I know Mr. Maxwell disagrees with me. It is in the transcriptI proffered to the City Clerk that I put into evidence, but I want -- and I didn't want to bring this up because it was already in there, butt want -- if it was brought up by one side, I want you all to understand the implications of this, and the implications are this: The City is flying without a net. You've got an attorney's opinion of title, but if you lose, it's not worth the paper it's written on because it's not backed up by a bond, and I'm just telling you this because I think that that case -- and Mr. Maxwell will -- Chairman Teele: Mr. Maxwell, you've got a problem. No, no, no, because in all honesty now, he's not our attorney, at all. He's just here advocating, but if this is an issue, we need -- we should have had an opinion from you saying that we have the power, under the State law that you're interpreting, that basically gives us the right to close the street -- Mr. Maxwell: As Mr. Gibbs -- Chairman Teele: -- and to authorize the plat. Mr. Maxwell: As Mr. Gibbs pointed out, I think, in his comments, he said that I would not agree with him. That is -- as he pointed out, that's an issue that has been batted around for some time now, and the CityAttorney's Office has taken a contrary view on that. We request and receive opinions of title from counsel for anyone -- Chairman Teele: That's fine for you and them. Mr. Maxwell: Yes. Chairman Teele: But you're our lawyer, and I'm asking you -- I mean, I think this is very -- because, see, this is how we get into these horrible situations that somebody comes back and say, well, what the heck was that Commission thinking about when they did it? We're relying totally and solely on you to tell us that if we take this action -- who's protecting us? -- that if we take this action, that in your opinion, the State law gives us the right to do what we're doing, and not to deed -- and with all due respect to the deed or to the reversionary interests that would purport something different. Mr. Maxwell: We believe this item is properly before you, Mr. Chairman, for your consideration and decision, based on whether or not there's a public benefit. Chairman Teele: Public benefit is not the narrow legal issue that I'm concerned about. I have no question that based upon the evidence that we can determine that it is a public benefit or it's not a public benefit. That's a discretionary matter, which each Commissioner sitting in this role has got to take. The narrow legal issue that I'm concerned about is someone basically saying -- and it's the same thing that we got into on the Brickell museum or the Brickell property. What was that property? The Brickell Park, and see, this is the problem that I have, Joel. You all have to protect the Commission, and we should not be acting upon something except on your City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 advice, and it should be in writing. It should be a part of the record, and that the Commission should be protected because everybody's saying, what the heck were those Commissioners thinking about on the Brickell Park thing or what were they thinking about there? If we vote on this and it's approved, you know, it needs to have an opinion letter made a part of this record from someone -- I'm talking about from the City Attorney giving us the advice that it is on your legal view that we are acting within our legal -- within our rights. Mr. Maxwell: Well taken, Mr. Chairman. We do require an Opinion of title, and I believe an Opinion of title -- Chairman Teele: Joel, that's fine for the paperwork, but we're not required -- we are not relying upon some legal opinion by somebody other than the City Attorney, and if you want to use that as a part of your thinking -- but I'm very serious about this. The lawyers need to protect the Commission against getting ourselves in these things where something's being built or something's being done and it's not going to happen for the next year or two or three, but there could be a mess just like we got now, and we still can't explain to anyone, intelligently, how we're in this box on the Brickell Park, and it always involves a reversionary interest or some right that nobody's really looking at, so if you're telling us we're within our right to act now, Mr. Maxwell -- Mr. Maxwell: I believe the item is properly before you. We have not prepared a separate Opinion of title, nor have we requested outside counsel or anyone else to prepare an Opinion of title distinct from the one submitted by the applicants. I agree that that's -- if that's a procedure that you would like to see us implement, we will do so, but we do not have such an opinion -- Chairman Teele: I'm not asking you to implement any new procedure, other than what's in the Charter. I just want to know that if we vote on this, that we're relying upon your sound legal opinion and basis, and your advice to us that we are acting before a matter that is proper and that we have the right to take this action and the consequences that flow from that, the City is protected. Mr. Maxwell: We have not independently, in the CityAttorney's Office, reviewed an abstract of that property, so I cannot tell you, categorically -- Chairman Teele: But I thought the issue was, Joel, that you said that the 78 Florida Statute is what you're hanging your hat on. Mr. Maxwell: Yes, sir, that's correct, and we have -- that's the position we've taken for some time, that that's the prevailing provision. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: As the maker of the motion, whether to approve or deny, I would feel much, much comfortable if somehow, we have something in writing from the City Attorney pertaining to the matter. That's just one issue now. After the public -- is the public hearing closed? Chairman Teele: The public hearing is closed, yeah. Vice Chairman Sanchez: Thank you. Madam Director from Planning and Zoning, within the two properties now, what could be built in those two properties now? Ms. Slazyk: The properties are split in C-1 and "0" zoning. Both of them would allow high-rise residential development. City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Vice Chairman Sanchez: How high? Ms. Slazyk: The height is actually unlimited. There's a requirement that at the base building line, they could only go up 120 feet, then they need to start setting back at a 45-degree angle. The depth of the property can be substantial, though, if somebody were to acquire the entire block, so it could get pretty high. Vice Chairman Sanchez: Right. In other words -- Ms. Slazyk: And then gross lot area is huge, so -- Vice Chairman Sanchez: The concern here on the road closure, would be that you would be giving them more density? Ms. Slazyk: Yeah. Actually, they would get more density. The intensity wouldn't be a whole lot more other than the additional gross lot area that pick up on the expressway, because if somebody acquired both sides of the sfreet anyway, they would take to the center lines of the street to figure out their FAR (Floor Area Ratio). This would add some of that expressway that was shown to you on one of the graphics, and the density would definitely be increased because now that's based on net lot area, and this would increase their net lot area by the seven thousand some odd square feet. Vice Chairman Sanchez: Well, I am very familiar with the area . As a matter of fact, I drove by it this morning to see it, and I'm very concerned -- and I -- Mr. Tucker, I still stand by the statement I made as guardian of the public's right-of-way and the public's land. The area, itself I'm very familiar with, and let me just say that in the two sites that they have now, I'm very concerned what they could build, unlimited, what they could build. However, I'll tell you this much, the road closure itself in the area -- I mean, nobody uses that road. The road right now could be a hazard. People, you know -- I don't -- I basically, I drive by it when Igo to Publix. You've got to turn in back of the stay there and you'll see it. That whole entire area, as I stated earlier -- Miami is forced to grow vertical. I mean, we can't grow out east, or else we'll drown, and we can't go out west, although we are. You've seen the bleed out of Coral Way. You're seeing the bleed out of 8th Street, but you have made tremendous statements that are of a great concern in your statements. The development of the area, we're not going to be able to stop it. I mean, we're going to be able to focus on smart development to protect the beautiful neighborhood of the Roads, and we're focusing on that, but through it, if you look at it, you're going to see development that's going to come there no matter how hard we fry to stop it. It's just not going to happen, so what I have seen here in the past that works, basically on the arguments that have been made on both sides, and I have -- as a quasi judge here, I hear both sides -- both sides have made significant arguments that have valid points and hold merit. I would ask that we defer this item, giving both sides ample time to see what compromise could be reached. It's worked in the past. Maybe there can be some type of clause that could be entered in, because I am very concerned. If we allow the sfreet closure, then later on, whoever has the property could basically build what he wants, and you would have no input in it, and at the end of the day, you know, I'm here to protect your rights, not the developers, and I state that on the record again, counsel, but looking at it, whether the developments are done on both sides, you're still going to have a street with a dead end that's going to continue to be a hazard, and then I also see the good points that one, the maintenance of the road we won't have to -- you know, we won't have to look at anymore. We won't have to maintain it anymore. It won't be a burden on the City, so what I'm going to make the motion right now is to defer this item, and have the developer, the attorneys both sit down together and see if you could come back with some reasonable compromise on the issue. Now, Mr. Chairman, what -- the statements that have been made on the record, I would ask that they be not made again on the record, if we could do that. Mr. Attorney, I mean, we -- when it comes back, or they could come back with whatever agreements they have come upon, and I encourage you to come up with some type of agreement. City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 I want to make it very clear. Don't come back in a month and say, oh, we didn't agree on anything. I mean, there has to be agreements so both sides could come to a compromise, where it's acceptable by both sides. That's hard to do at times, but I think that we could do it, because at the end of the day, the homeownership, which I have the utmost respect for, and the residents of the Roads want to protect their neighborhoods. Every neighborhood association fights for the -- maintain the quality of life in the community. I think the development should go there. However, it needs to be a development that's acceptable to all of us, and it cannot be just what the developer wants without any limitations, so at this time, Mr. Chairman, my motion is to defer, have both sides try to sit down at the table and come to an agreement, and then come back to this Commission. So move. Commissioner Gonzalez: Second. Ms. Slazyk: Date certain, February 26th? Mr. Maxwell: That's the next PZ (Planning & Zoning) agenda, 26. Vice Chairman Sanchez: February 26. Chairman Teele: There's a motion -- Vice Chairman Sanchez: Excuse me, Mr. -- Unidentified Speaker: And time is? Vice Chairman Sanchez: Oh, absolutely. Time certain. Any issue -- 6 o'clock, so we could have the residents here. Chairman Teele: There's a motion and a second that the item be deferred to a date certain, time certain. The item will come back, but would be the chair's intent not to open this for a public hearing again, but to receive written records and documentations, which would be read into the record. In other words, what he's asking for is you all to compromise, but what we're asking you to do is to reduce that compromise to writing, into writing, if there is one, so that it can be introduced into the record, and we will open the public hearing for the purpose of receiving that item and any other items relating to that, as well as any legal opinions or any other matter from the staff that is appropriate. Mr. Maxwell: Yes, sir. Vice Chairman Sanchez: Mr. Chairman, ifI may. I think it's paramount that the City Attorney provide us with that legal opinion on the matter that was brought forth by the counsel. Also, I want to make very sure that the issue that we discussed on the road closure -- let me just say that I am prepared to close the road if some type of compromise is made where density is controlled at the project site. I want to state that for the record so you get no surprise, OK? I'm open on both sides. Both sides need to be reasonable on this issue. Ms. Marrero-Priegues: Absolutely. On behalf of my client and myself personally, I look forward to the opportunity to sit down with my neighbors once again and see if there's something that we can work out. Vice Chairman Sanchez: And Mrs. Priegues does live in the Roads. Mr. Maxwell: Mr. Chairman -- Chairman Teele: We're also asking that the record be supplemented by staff to include an City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 opinion from the City Attorney, and we're asking that the staff supplement, especially Public Works, their report by including specifics regarding the comments relating to the current road and the capacity for fire apparatus to go in -- egress and ingress in and out of the area, OK? Mr. Maxwell: Mr. Chairman. Chairman Teele: Yes. Mr. Maxwell: IfI may, couple of comments. One, it's important to note that while Commissioner Sanchez has indicated that he would like to see the applicant and the opponents reach some kind of consensus, I'd like the record to be clear that when you do consider this item, it -- you will not be considering the fact alone -- well, the fact at all that they've reached such a consensus. What you would be considering would be the information that came out of that agreement, and that's the information that would be submitted to you for your review and comment on by professional staff as to whether or not that constitutes a public benefit, not whether or not they have agreed. That's irrelevant. Also, at that point, Commissioner, it probably still would be appropriate for you to allow cross-examination of any testimony that's introduced. Chairman Teele: Absolutely. Anything that is -- Vice Chairman Sanchez: Absolutely, yeah. Chairman Teele: -- admitted will be, but what I'm saying is, we're keeping the record -- the public hearing's closed. We're going to bring that record forward when we reopen this, and so we're not going back through the same ground. Vice Chairman Sanchez: Well, in many cases, such as this one, I think that an important factor that's missing is the ability to communicate and compromise, and I think that in the past, as we have seen here many times, both sides are able to reach a certain percentage of the agreements, so that's the only statement that I'm making until this is brought forth back in front of this legislative body. Chairman Teele: All right. We have a motion and a second. Counsel, do you all agree? Ms. Marrero- Priegues: Yes. Chairman Teele: And are you all both amenable -- Ms. Marrero-Priegues: Absolutely. Chairman Teele: -- to the motion and the process? Mr. Tucker: Yes. Ms. Marrero-Priegues: Yes. Chairman Teele: All right. Both counsel are answering in the affirmative. All those in favor of the defer -- of the deferral of the proceedings to that date and time certain, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed, no, and there'll be no further notices. All right. Thank you very much. Ms. Marrero-Priegues: Thank you. City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PZ.5 03-0379 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF EASEMENTS BOUNDED APPROXIMATELY NORTHWEST 14 STREET, S.R. 836, NORTHWEST 10 AVENUE AND WAGNER CREEK. 03-0379 Fact Sheet.PDF 03-0379 Public Works Analysis.PDF 03-0379 Zoning Map.PDF 03-0379 Aerial Map.pdf 03-0379 ZB Reso.PDF 03-0379 Application & Supp Docs.PDF 03-0379 Legislation.PDF 03-0379 Exhibit A.PDF 03-0379 Exhibit B.PDF REQUEST: Official Vacation and Closure of a Public Right -of -Way LOCATION: Approximately NW 14 Street, SR 836, NW 10 Avenue and Wagner Creek APPLICANT(S): University of Miami, Department of Real Estate APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire FI NDINGS: PUBLIC WORKS DEPARTMENT: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended approval to City Commission on November 24, 2003 by a vote of 9-0. PURPOSE: This will allow a unified development site. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0047 Chairman Teele: All right. PZ.4 we're going to skip for a minute. You asked that that be 5 o'clock, didn't you? Commissioner Gonzalez, you wanted that at 5? Commissioner Gonzalez: We have an item for 5:30. I don't know if -- Chairman Teele: Yeah. Somebody said PZ.4 -- you wanted it for 5 o'clock. All right. PZ ( City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Planning & Zoning) Number 5. Commissioner Regalado: But that would be Sanchez district, PZ.4. Chairman Teele: Yeah, but PZ.4, they made a request for it to come in at 5 o'clock. Vice Chairman Sanchez: Yes. Commissioner Regalado: Oh, OK. Chairman Teele: So, we're going to PZ.5. Well come back to that at 5. Vice Chairman Sanchez: I think PZ.4 is 5 or 5:30, Mr. Chairman. Chairman Teele: Yeah. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ.5 is an official vacation and closure of a public right-of-way. It's actually a portion of easements bounded by Northwest 14th Street, State Road 836, Northwest 10th Avenue and Wagner Creek. This particular closure is a component of a Major Use Special Permit that's already been approved by the Commission, so the Planning and Zoning Department has no objections. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard. As Ms. Slazyk has presented to you, this is the closure of an easement. The road closure here occurred in 1986. This is vacant lot. It's part of the University ofMiami Clinical Research building, for which you approved a MUSP (Major Use Special Permit) back in June of last year. When the road was closed back in 1986, every -- Chairman Teele: Are you here in opposition? Ms. Garcia -Toledo: No, sir. Chairman Teele: Is there anybody here in opposition? Is there a motion? Commissioner Gonzalez: Move -- Vice Chairman Sanchez: So move. Commissioner Gonzalez: -- PZ.5. Chairman Teele: Is there a second? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Very good presentation. Ms. Garcia -Toledo: Thank you. PZ.6 03-0386 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 A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A FRONT YARD SETBACK OF 5'0" (20'0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 1840 MICANOPY AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 03-0386 Fact Sheet.PDF 03-0386 Appeal Letter.PDF 03-0386 Analysis.PDF 03-0386 Zoning Map.PDF 03-0386 Aerial Map.pdf 03-0386 ZB Reso.PDF 03-0386 Application & Supp Docs.PDF 03-0386 Plans.PDF 03-0386 Legislation A.PDF 03-0386 Exhibit A.PDF 03-0386 Legislation B.PDF 03-0386 Exhibit A.PDF REQUEST: Appeal of a Zoning Board Decision of a Variance to Allow a Front Yard Setback LOCATION: Approximately 1840 Micanopy Avenue APPLICANT(S): Jose R. Bochetti, on behalf of Groveland, LLC APPELLANT(S): Jose R. Bochetti, on behalf of Groveland, LLC APPELLANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions* of the variance and approval with conditions* of the appeal. ZONING BOARD: Denied the variance on November 24, 2003 by a vote of 9-0. *See supporting documentation. PURPOSE: The approval of this appeal will allow a single family residence with less front setback than required. CONTINUED This item was CONTINUED to the meeting currently scheduled for February 26, 2004. PZ.7 03-0380 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE TOWER RESIDENCES CONDO ASSOCIATION, JEFF STEWART AND RESIDENTS OF THE RITZ CARLTON CONDOMINIUM, AFFIRMING OR City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 REVERSING THE DECISION OF THE PLANNING AND ZONING DIRECTOR ISSUED ON SEPTEMBER 11, 2003, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT NO. 03-0009, TO ALLOW NEW CONSTRUCTION OF A TOWER AT THE GRAND BAY HOTEL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2675 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 03-0380 Fact Sheet.pdf 03-0380 Appeal Letter to CC.PDF 03-0380 ZB Reso.PDF 03-0380 E-mail to Appellant.PDF 03-0380 Code Enforcement Violations.PDF 03-0380 Appeal Letter to ZB.PDF 03-0380 Class II Special Permit.PDF 03-0380 UDRB Reso.PDF 03-0380 Misc Letters.PDF 03-0380 Class II Referral.PDF 03-0380 Letter from Applicant & Misc Docs.PDF 03-0380 Misc Docs.PDF 03-0380 Warranty Deeds.PDF 03-0380 Legislation A.PDF 03-0380 Exhibit A.PDF 03-0380 Legislation B.PDF 03-0380 Exhibit A.PDF 03-0380 - conflict.pdf 03-0380 - submission - appeal.pdf 03-0380 - submission - correspondence.pdf 03-0380 submittal on 3-25-04 by S Helfman Esq.pdf 03-0380 legal opinion.pdf REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal for a New Construction of a Tower LOCATION: Approximately 2675 S Bayshore Drive APPELLANT(S): Tower Residences Condo Association, Jeff Stewart (Resident of the Ritz Carlton Condominium) and Other Residents of the Condominium at 3400 SW 27th Avenue APPELLANT(S) AGENT: Anthony J. O'Donnell, Jr., Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on November 3, 2003 by a vote of 6-0. PURPOSE: The approval of this appeal will not allow a new construction of a tower at the Grand Bay Hotel. City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 CONTINUED This item was CONTINUED to the meeting currently scheduled for February 26, 2004. PZ.8 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 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. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PURPOSE: The approval of this appeal will not result in the historic designation of the above property. CONTINUED This item was CONTINUED to the meeting currently scheduled for February 26, 2004. PZ.9 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 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. City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioners Winton and Regalado absent, that Item PZ.9 be CONTINUED to the Commission Meeting currently scheduled for February 12, 2004, at a time certain of 3 p.m. Chairman Teele: Now, what are the next items, 8 and 9? Lourdes Slazyk (Assistant Director, Planning & Zoning): 9 -- 6, 7 and 8 were continued, so we're up to nine. Chairman Teele: 6, 7 and 8 were continued, and now we're at nine. Number 9. Now, who is appealing this item? All right. You want to let us know, Madam Director, what we're doing here? Sarah Eaton: Yes. Sarah Eaton, Preservation Officer for the City ofMiami. PZ.9 is an appeal of a decision of the Historic and Environmental Preservation Board, which designated the WolpertApartments at Biscayne Boulevard and 25th Street as a historic site Chairman Teele: Is this the first appeal that we've had? Ms. Eaton: There was one appeal at a previous meeting that the applicant or the owner did agree to withdraw upon meeting with staff. There was another appeal at this meeting that was continued to the next meeting. Chairman Teele: All right. Let me just say this, Commissioner Gonzalez. I'm very uncomfortable proceeding with this without the district Commissioner, because this is a case of sort of first impression, and it really gets us to where I want to be next, which is item number 33, and unless there's an objection, I would ask that this item be deferred to the next meeting. Vice Chairman Sanchez: So move, Mr. Chairman. Chairman Teele: Not the next zoning meeting -- Commissioner Gonzalez: Second. Chairman Teele: -- when Commissioner Winton is here, because we do need to have all five Commissioners present. I think -- because this is sort of a first impression kind of thing. We've not really done one of these before. Jerry Solkol: That's fine. The only -- Chairman Teele: Your name and address for the record. Mr. Solkol: My name is Jerry Solkol. I live in Miami Beach, and my address is 140 North Hibiscus Drive. I'm here on behalf of my father, who is the owner of the building. Responding to what you said, it would be our preference, Mr. Teele, to have the hearing today, but certainly respecting the request of the delay, the only thing that I would ask -- Chairman Teele: No, she didn't make a request. Mr. Solkol: Well, I thought you were asking -- Chairman Teele: No. I'm making the request because of the absence of Commissioner Winton, whose district this is in, and the fact that this is the first one of these appeals we will have really City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 be acting upon, and I think it's important that we have five Commissioners before we start setting a precedent on this. Mr. Solkol: Yeah. What I meant to say -- I don't know if it came across that way -- is respecting your request for -- to not have the hearing right now, that's fine. The only thing that I would request, if it's possible -- and not that I'm intimately familiar with these proceedings -- is, is it possible to have -- we've been here for a few hours. I'm wondering -- I've heard reference to a time certain. Is that a possible thing to request? Chairman Teele: Not only that, what we would do is, we will set this for the next Commission meeting, not zoning meeting, which will be February -- Joel Maxwell (Deputy City Attorney): 12th. Chairman Teele: --12. What about 3 o'clock? Mr. Solkol: It would be the first thing? Chairman Teele: Is that -- February 12, at 3 p.m., is that satisfactory for you? Mr. Solkol: I just want to check my calendar for one second. Chairman Teele: Or the next meeting after that would be February 26. Mr. Solkol: I apologize for the delay. 3 o'clock would be fine. Chairman Teele: Which day? Mr. Solkol: February 12. Does that work for you, dad? Yeah, OK Chairman Teele: Is there a motion, please? Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: There will be no further notice moving to defer this item to 3 p.m. time certain on February 12th. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Yes. Vice Chairman Sanchez: Before we lose a quorum, could we take a maybe a five, 10 minute recess, please? Chairman Teele: OK, and then, just while we're all here, could we take up Item Number 33? That's sort of the controversial -- that's the one that is involving tightening up the ordinance. OK. Mr. Solkol: Are we finished? City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Yes, sir. Mr. Solkol: Thank you. Chairman Teele: Five-minute break. PZ.10 03-0070 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29 COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL." 03-0070 SR Fact Sheet.PDF 03-0070 Analysis.PDF 03-0070 Land Use Map.PDF 03-0070 & 03-0071 Aerial Map.pdf 03-0070 PAB Reso.PDF 03-0070 Application & Supp Docs.PDF 03-0070 SR Legislation.PDF 03-0070 FR Fact Sheet.pdf 03-0070 FR Legislation.pdf 03-0070 - Submission.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Medium Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 940 SW 29 Court APPLICANT(S): Miami -Dade County Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2003 by a vote of 7-0. ZONING BOARD: See companion File ID 03-0071. PURPOSE: This will allow a unified commercial development site. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Sanchez Noes: 1 - Commissioner Teele Absent: 1 - Commissioner Winton 12477 (See PZ.11 minutes) Chairman Teele: We're back to PZ (Planning and Zoning) Number 10 and 11. Madam Clerk, call the roll. Did we have a motion? Commissioner Regalado: There's no -- Chairman Teele: Yes, we did. Commissioner Regalado: There's no motion. We didn't finish the public hearing, so there is no motion. Chairman Teele: OK. Commissioner Winton got sick in route to the meeting, and he has gone back, so let's close the public hearing. Is there a motion? Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Teele: The motion is to -- Commissioner Regalado: Second. Chairman Teele: What's the motion? Commissioner Regalado: Motion to approve -- Vice Chairman Sanchez: To approve. Commissioner Regalado: -- the ordinance changing the future land use map of the Miami Comprehensive Neighborhood Plan by changing the land use designation of the property located at 940 Southwest 29th Court from duplex residential to medium density multifamily residential. Chairman Teele: That's the motion and it's by Commissioner -- Commissioner Gonzalez: Second. Chairman Teele: -- Sanchez and the second by Commissioner Gonzalez. The Chair notes that according to staff -- or the Attorney, that the matter will be coming back for other actions. Did you need to read that? Mr. Maxwell: Yes, sir. Only a portion of the ordinance was read -- title was read. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Madam Clerk. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Teele? Chairman Teele: No. All right. The item is adopted 3 to 1. PZ.11 03-0071 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29 COURT. 03-0071 SR Fact Sheet.PDF 03-0071 Analysis.PDF 03-0071 Zoning Map.PDF 03-0070 & 03-0071 Aerial Map.pdf 03-0071 ZB Reso.PDF 03-0071 Application & Supp Docs.PDF 03-0071 SR Legislation.PDF 03-0071 Exhibit A.PDF 03-0071 FR Fact Sheet.pdf 03-0071 FR Legislation.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-3 Multifamily Medium Density Residential to Change the Zoning Atlas LOCATION: Approximately 940 SW 29 Court APPLICANT(S): Miami -Dade Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0070. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 6-2. City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Sanchez Noes: 1 - Commissioner Teele Absent: 1 - Commissioner Winton 12478 Chairman Teele: All right. The Chair notes the presence of the distinguished County Commissioner, Commissioner Morales. Commissioner, is there a matter that you're here on in your official capacity, or are you here personally in an individual capacity? Commissioner Jimmy Morales: Well, I guess you could say both, in a sense. Mr. Chair and Commissioners -- Chairman Teele: If it's in your official capacity, we'll be happy to take that item up first. Commissioner Morales: I'm here -- I believe it's Item 10, maybe 11. It's the ordinances dealing with the property located at 940 Southwest 29th Court. Chairman Teele: Oh, God. Commissioner Morales: That's the property which is in my district, as well as I know, for the County purposes, and in Commissioner Regalado's for City purposes. It's the Assisted Living Facility that our Housing Department wants to do there. It's a tremendous program and I just wanted to be here -- Chairman Teele: You're here on the HUD (Department of Housing and Urban Development) project? Commissioner Morales: Yes, absolutely. Chairman Teele: You're not here on the Grove? Commissioner Morales: Not here on the Grove. Here on the HUD project. Chairman Teele: All right. We're going to take it up, as a courtesy to you, sir, and a courtesy to the County. We have a request to defer. Is there a motion to -- We have a request by Commissioner Winton that the item be deferred. Is there a motion to defer? There being no motion, we'll proceed. We'll hear from the staff first, and then we'll take it up. I hope you've talked to your colleague, Commissioner Winton. Vice Chairman Sanchez: This is 9 --10 and 11. Lourdes Slazyk (Assistant Director, Planning & Zoning): 10 and 11, yes. PZ. 10 and 11 are companion land use and zoning changes for the property located at approximately 940 Southwest 29th Court. The request is to amend the land use designation from duplex residential to medium density multifamily residential, and the zoning from R-2 to R-3. The Planning and Zoning Department has reviewed the application and recommended approval. It was also recommended for approval by the Planning Advisory Board. This was approved by the City Commission, on first reading, December 18th, 2003, and the companion item was also recommended for approval by the Planning and Zoning Department, approval by the Zoning Board, and passed by the Commission, first reading, December 18th. City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Madam Director, will this item be coming back before this Commission in any way, shape or form again? Ms. Slazyk: Not necessarily. If the application for whatever project is going to be there consists of a special -- a Major Use Special Permit or any other special permit, then it will, but if the thresholds are maintained and there's no variances sought, then it will not come back here. Chairman Teele: Counsel, will this item be coming back before the Commission? Vicky Garcia -Toledo: The proposed program right now would require it to come back. Fifty of the units would be ALF (Adult Living Facility) units, and believe -- Ms. Slazyk: That's a special exception with Commission approval. Ms. Garcia -Toledo: -- that's a special exception with Commission approval. Chairman Teele: So, you're -- Ms. Slazyk: Then it will. Chairman Teele: -- representing to us that the 50 units would require that it come back before this Commission? Ms. Garcia -Toledo: Yes. The 50 units are dedicated forALFs, andl believe -- Chairman Teele: Did you identify yourself for the record? Ms. Garcia -Toledo: I'm sorry. Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard. The proposed project right now calls for 50 of the 100 units to be ALFs, which, under your Code, require that we come back before the Zoning Board and the City Commission under a special exception. Chairman Teele: All right. Commissioner Morales, this would be a good time for you to give us your words of wisdom, and thank you for coming over and working with you, and our compliments to the Commission and your Manager. I understand, from our Manager, that things have never been better. Commissioner Morales: I do think that the relationship between the City and County are at a very positive point, and, hopefully, we'll continue to move in that direction, and I'm sure this Commission has a lot to do with it. Thank you. I'll be brief because I know, having sat on that side on many occasions downtown, that you have a full day, but let me be brief. As you all know, as seniors age in our public housing and get to the point where they can't take care of themselves, they often, basically, have to be moved out, end up in nursing homes often far away from the neighborhoods that they've been in, from their doctors, their friends, their conveniences, and because our County public housing program has few, if any, units for assisted living to help our seniors age in place, this is going to be a tremendous project next to an existing senior housing project, the Smathers Towers, dedicated, in large part, to an assisted living facility. The land is there. The impact in the neighborhood will be minimal because, by its very nature, this is not going to create a lot of traffic, and it is a critical part of creating the infrastructure for seniors in our community to age in place. It will be the first of its kind in the Little Havana community, and only the third of its kind, I believe, that the County has done. I understand -- and with all due respect to my friend, Johnny Winton, he may have concerns about other housing buildings and projects elsewhere in the City ofMiami. Let me, Mr. Chairman, to you and to my colleagues, let me make the pledge that if there are issues -- and I know there are -- if there are City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 issues with particular housing projects, infrasfructure issues, and with our HUD Department, I will be the first one -- and I'm sure my colleagues who represent those areas, if it's not my district -- to sit down with each and every one of you, and to work through those issues. I agree that if there are problems, let's work them out. Our seniors and our others -- our low-income individuals and others who live in public housing deserve the best housing we can give them, but let's not stop this project. This is an important project. The money is there. The land is there. Any delay is really, in my opinion, unnecessary because this kind of assisted living facility is so important and it's building an infrasfructure, so I would encourage you all to move this forward, and to the extent there are other issues, work with us. As you mentioned, Mr. Chair, relationships are as good as ever between the City and County. I'm sure we can address some of these issues and not necessarily delay this project. Thank you. Chairman Teele: Are there questions to be directed to Commissioner Morales? Statements or comments? And this is in your district, Mr. -- Commissioner Regalado? I would like to just add -- get one thing -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: -- on the record in the context that you're stating. Commissioner Morales, we're -- you know, this housing problem for the elderly, housing problems for the homeless, you know, we're catching -- we're sort of the breadbasket for the whole County, and in some ways, the elderly is a good problem to have and we want to do our part, but on the other hand, the homeless is a problem, you know, that's right -- tied with this, and I would hope that you would extend your comment and your commitment not just to work on the elderly, but the elderly and the homeless issue because we're the breadbasket. We're receiving all of the demand for capital facilities for all of that, and, you know, we just haven't had level of cooperation, particularly, from the Homeless Trust on that. Commissioner Morales: Mr. Chairman, you have my word on that to work with you in whatever capacity as -- on the issue of the homelessness. Obviously, the seniors, when they've been living in the neighborhood for years, they don't want to move, and it's often cruel, in fact, to make them move. This is giving us an opportunity to have an option for them to stay, whether it be in Little Havana or in Model City, or in Allapattah. We want to create opportunities for seniors to age in place. I think that's a goal that all social, you know, scientists want to see, but on the homeless issue, Mr. Chairman, I agree that I do believe the City ofMiami is probably overly impacted, and we need to sit down and work with you to improve that situation. Chairman Teele: All right. Thank you very much. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Counsel -- yes? Commissioner Gonzalez: I would like to make a statement. It's not related to this issue that we're discussing, butt would like to publicly recognize the contribution of Commissioner Jimmy Morales in the -- on the installation of a traffic signal at Northwest 7th Street and 34th Avenue. That's an intersection where we had at least, in the last ten years, we had more than 10 fatalities of senior citizens frying to cross the street, and once I contacted Commissioner Morales' office, he did the due diligence to get that traffic light there. In the name of that community there, I want to thank you and congratulate you, and tell you how much I appreciate your help. Commissioner Morales: And the community should be thankful to you because you brought it to our attention, and again, an example of working together on that issue. Thank you. Commissioner Gonzalez: Thank you very much, Commissioner. City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Counsel. Thank you, Commissioner Gonzalez. Ms. Garcia -Toledo: Unless there are any questions, I think that justifies for our presentation. Chairman Teele: All right. Chair has received a request that the vote be held for 10 minutes, pending the bedridden arrival of the Commissioner -- Commissioner Winton, who is coming now to be heard on this issue, so you had nothing else on this? Commissioner Regalado: I would make a comment. I -- like I said, I would -- I respect the desire of Commissioner Winton. He understands and he has issues in the Wynwood area that has to be resolved. I, myself -- I said it last time and I'm repeating this again -- I have a daily TV (television) program, and on Mondays, we have a segment that it deals only with public housing. There is nowhere in the media that HUD is criticized as some of the guests of this segment do every Monday, but on this project, I know this place. I know the people there. The people at Smathers, more than 150 residents, are aging. What -- for them, this news of having an assisted living facility in the area was the best news that there was because they now at least can dream of -- in case that they have to leave their apartments -- go there and be taken care of. The land is there. As a matter of fact, it's an eyesore because it's a huge area that is fenced within the complex of that HUD building, and I would -- you know, I think it would be unfair to held hostage the people in Smathers because we have some other issues. Chairman Teele: Well, I think we really should defer the discussion until Commissioner Winton is here, otherwise, we're sort of talking about it behind his back. Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: No, no. No problem. I don't have a problem, at all. Vice Chairman Sanchez: Mr. Chairman, mine is not a discussion. It's a question pertaining to the ALFs. Are the ALFs going to be strictly for the seniors, or is this going to, under any guidelines or rules and regulations, open it up for others? Ms. Garcia -Toledo: No. These will be strictly for the seniors. Vice Chairman Sanchez: For seniors. OK. Thank you. Ms. Garcia -Toledo: And the idea is an operational concept, much like they have in the private sector now. If you're aware of for example, some of the Marriott facilities next to Baptist Hospital have different levels of care. They have elderly housing for the elderly who is fully independent. Then, right in the same building, they have another level of care, where once that elderly needs the assistance, they move from one floor to the other and just get a higher level of care. Vice Chairman Sanchez: Thank you. Chairman Teele: All right. Ladies and gent -- all right. We're going to set this aside for just one moment. Legislatively, we're going to set this aside. Chairman Teele: Item Number -- is there a motion on PZ.11? Commissioner Regalado: Move it. Commissioner Gonzalez: Second. City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Maxwell: This is a public hearing item, Mr. Chairman. Chairman Teele: Well, it's moved and second. Mr. Maxwell: Open and close it, Chairman. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. The Chair sees nobody coming forward. Public hearing's closed. Commissioner Regalado: Mr. Chairman, I have been informed that the time constraints is because the State of Florida needs to close the three million dollars from the state and they need to finish all the paperwork. They had to do that back in December and we're spreading thin here, and also, the three million dollars that Commissioner Jimmy Morales transferred to -- from the County to that particular project, so I believe that the County will listen to Commissioner Winton very closely on all the issues that are legitimate issues that he expressed, as Commissioner Gonzalez did, but this will be a great project. I was wondering if you have some pictures -- some of -- if you have some pictures of similar assisted living facilities that would -- that it's going to be the grand opening, I think, in two or three weeks, which is in the Model City program, but I've seen the picture. It's beautiful, so I'm moving PZ.11. Vice Chairman Sanchez: Second. Chairman Teele: Moved and second. Mr. Attorney, call the roll. Mr. Maxwell: An ordinance of the Miami City -- Chairman Teele: I'm sorry. Read the -- The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Commissioner Morales, did you want to make any final statement or -- we're pleased that you're here. Commissioner Morales: Just to say thank you. Chairman Teele: All right. Thank you for coming and we look forward to continuing to work with you. Madam Clerk, call the roll. Commissioner Regalado: Roll call. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chair Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Teele? Chairman Teele: No. The item is adopted 3 to 1. Thank you all very, very much, and we'll take City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 up -- the next item is PZ (Planning and Zoning) -- Ms. Slazyk: 2. Chairman Teele: -- 2. Ms. Slazyk: PZ -- Chairman Teele: Now, are the people here -- by the way, are any of the people here regarding the item that we just voted on? Are any of the people that are coming in here on the HUD issue? Did HUD bus in people like they did last time? Commissioner Regalado: They're HUD. Commissioner Gonzalez: They're coming on the -- Commissioner Regalado: All of those. Ms. Thompson: No. Chairman Teele: All right. Madam Translator, why don't you just translate or tell them what has happened, anybody that's here on that item. Commissioner Regalado: It is approved. Chairman Teele: Yeah. Commissioner Gonzalez: The senior citizens that are coming in are for the -- for Item 30 -- PZ. 30. Commissioner Regalado: Yeah, but there are some -- Chairman Teele: No, no. Commissioner Regalado: There are some for Smathers. Commissioner Gonzalez: Oh, OK. (Chairman Teele's comments translated by Spanish interpreter.) (Applause) Chairman Teele: OK, so a number of the people were here for that item. PZ.12 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 ENTERTAINMENT DISTRICTS. 03-0074 SR Fact Sheet.PDF 03-0074 SR Legislation.PDF City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 REQUEST: To Amend Chapter 4 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions related to notice within entertainment districts. Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12479 Lourdes Slazyk (Assistant Director, Planning & Zoning): We're back on PZ.12 now. Chairman Teele: PZ.12. Vice Chairman Sanchez: How many more PZ (Planning & Zoning) items do we have? Chairman Teele: Not a lot. We're halfway through. All right. Ms. Slazyk: PZ.12 is a second reading ordinance amending Chapter 4 of the City Code regarding the special permit requirements for the notification for provisions for the entertainment establishments. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Mr. Attorney, read the item into the record. Vice Chairman Sanchez: So move. It's an ordinance. Chairman Teele: An ordinance. OK. Motion. Commissioner Regalado: Second. Chairman Teele: Moved by Commissioner Sanchez. Seconded by everybody. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Mr. Mayor, did you want to speak on this? Ms. Slazyk: You just read 13. We're on 12. Joel Maxwell (Deputy City Attorney): Oh, I read the wrong one. Ms. Slazyk: Joel read 13 into the record. We were on 12. Chairman Teele: We're on 12. City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Maxwell: I apologize, sir. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on second reading, 4/0. PZ.13 03-0296 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, 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 OVERLAY DISTRICT, TO ADD A NEW SUB -DISTRICT 627.2 ENTITLED BUENA VISTA YARD WEST, ADDING AN INTENT STATEMENT, CREATING SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES AND ADDING DESIGN GUIDELINES. 03-0296 SR Fact Sheet.PDF 03-0296 PAB Reso.PDF 03-0296 SR Legislation.PDF 03-0296 Exhibit A FINAL.pdf 03-0296 Exhibit B FINAL.pdf 03-0296 FR Fact Sheet.pdf 03-0296 FR Legislation.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. See companion File ID 03-0296a. PURPOSE: This will add a new sub -district 627.2 entitled Buena Vista Yard West to the western half of the FEC Buena Vista Yard, add an intent statement, create special district requirements and limitations on uses, and add design guidelines. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12480 City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Slazyk: PZ.13 is second reading on the SD.27.2 Buena Vista Yard West Special District, and 14 is the companion atlas amendment in order to actually put the SD.27.2 designation onto the property. It's recommended for approval by the Planning Advisory Board, Planning and Zoning Department, passed by this Commission, first reading, December. Commissioner Gonzalez: Move PZ.13. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Mr. Mayor, you're recognized. Thank you for being here. Honorable Niesen Kasdin (Former Mayor, City ofMiami Beach): Thank you, Mr. Chair. For what it's worth, I was in Tallahassee last week. Chairman Teele: Great. Mr. Kasdin: But Niesen Kasdin, Gunster, Yoakley and Stewart, 2 South Biscayne Boulevard, representing Developers Diversified Realty, and we are here in support of this change, and we are available to answer any questions that you might have. Chairman Teele: All right. Are there any persons here in opposition to this? We had a pretty good discussion on this before. If not, the public hearing is closed. Is there a motion? Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on second reading, 4/0. PZ.14 03-0296a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 GENERAL COMMERCIAL TO SD-27.2 BUENA VISTA YARD WEST; SAID PROPERTY MORE PARTICULARLY KNOWN AS A PORTION OF LAND CONSISTING OF APPROXIMATELY 30.57 ACRES IN AREA. City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 03-0296a SR Fact Sheet.PDF 03-0296a Analysis.PDF 03-0296a Zoning Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0296a PAB Reso.PDF 03-0296a SR Legislation.PDF 03-0296a Exhibit A.PDF 03-0296a FR Fact Sheet.pdf 03-0296a FR Legislation.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-2 General Commercial to SD-27.2 Buena Vista Yard West to Change the Zoning Atlas LOCATION: A Portion of Land Consisting of Approximately 30.57 Acres in Area APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. See companion File ID 03-0296. PURPOSE: This will change the zoning classification for the western half of the FEC Buena Vista Yard from I Industrial and C-2 General Commercial to SD-27.2 Buena Vista Yard West. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12481 Chairman Teele: All right, the next item. Lourdes Slazyk (Assistant Director, Planning & Zoning): 14 is the companion zoning change of Page Number 21 of the Zoning Atlas from C-2 and industrial to SD-27.2, again recommended for approval by Planning, Planning Advisory Board, and approved by the Commission in December. Commissioner Gonzalez: Move PZ.14. Vice Chairman Sanchez: Second. Chairman Teele: It's been moved and seconded. This is a public hearing. Any person desiring to be heard should come forward at this time. There are no persons coming forward. The public hearing is closed. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: Thank you. The ordinance has been adopted on second reading, 4/0. PZ.15 03-0245 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 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. 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. WITHDRAWN A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed, with Commissioner Regalado voting "No" and Commissioner Winton absent, that Item PZ. 15 be WITHDRAWN (at the requestfo the City Administration). Lourdes Slazyk (Assistant Director, Planning & Zoning): Our other request is to withdraw PZ. 15. We need to go back and make some amendments to it. They're going -- they're probably going to be substantial in nature, so they need to go back to PAB (Planning Advisory Board) anyway, so we'd like to withdraw PZ.15. City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: And that means it'll be -- require the re -advertising and all of that. Ms. Slazyk: Absolutely. Absolutely. Chairman Teele: Is there a motion to withdraw? Commissioner Gonzalez: So move. Vice Chairman Sanchez: Second. Chairman Teele: Moved and seconded for the withdrawal of Item PZ.15. Is there anybody here in objection to the withdrawal? If not, all those in favor, say "aye." Commissioner Regalado: No. Chairman Teele: All opposed? You're voting "no?" Commissioner Regalado: Yeah. Chairman Teele: 3 to 1. OK. PZ.16 03-0297 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 ARTICLES 4 AND 9, IN ORDER TO MODIFY PROVISIONS RELATED TO PARKING REGULATIONS, AND MORE SPECIFICALLY TO INTRODUCE A NEW SUBSECTION 917.10 TO ALLOW FOR EXEMPTIONS FOR PROVISION OF PARKING FOR ADAPTIVE RE -USE OF EXISTING STRUCTURES WITH PARKING DEFICIENCIES LOCATED WITHIN THE FIRE STATION NO. 2 MOTION PICTURE AND MEDIA DISTRICT. 03-0297 SR Fact Sheet.PDF 03-0297 PAB Reso.PDF 03-0297 SR Legislation.PDF 03-0297 FR Fact Sheet.pdf 03-0297 FR Legislation.pdf 03-0297-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 on November 5, 2003 by a vote of 9-0. PURPOSE: This will allow for adaptive re -use of existing structures without having to provide additional parking. City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12482 Lourdes Slazyk (Assistant Director, Planning & Zoning): OK, 15 was withdrawn, so PZ.16 is a second reading ordinance amending the parking requirements for the Fire Station Number 2 Motion Picture Media District to allow adaptive reuse of existing buildings without need for additional parking. It's been recommended for approval by the Planning and Zoning Department, approval by Planning Advisory Board and passed by the Commission, first reading, December. Chairman Teele: Public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Mr. Attorney -- is there a motion? Commissioner Gonzalez: Move PZ.16. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. PZ.17 03-0298 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 ARTICLES 6 AND 9, IN ORDER TO ADJUST THE PAYMENT AMOUNT FOR CONTRIBUTIONS INTO THE CITY OF MIAMI'S AFFORDABLE HOUSING TRUST FUND. 03-0298 SR Fact Sheet.PDF 03-0298 PAB Reso.PDF 03-0298 SR Legislation.PDF 03-0298 FR Fact Sheet.pdf 03-0298 FR Legislation.pdf 03-0298-Memo-Corrected Scriveners Error.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 5, 2003 by a vote of 9-0. PURPOSE: This will adjust the payment amount for contributions into the City of Miami's Affordable Housing Trust Fund. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to CONTINUE Item PZ.17 to the Commission Meeting currently scheduled for February 12, 2004, in order to provide Commissioner Winton the opportunity to review the use of the Affordable Housing Trust Fund. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.17 is a second reading ordinance, also. Chairman Teele: All right. This is a good time to extend our best wishes to Commissioner Winton. We understand that en route here, he had another bout, and he went to the hospital, and we don't know what his condition is, but we know that he's taking the appropriate care. I do know that Commissioner Winton had an interest in modifying this ordinance that is here, and I'm going to ask that this item be deferred and brought up at the next regular meeting, and this is regarding the issue of including the uses of this fund to encourage developers to hire from local communities, neighborhood communities. That's that work force issue. This is the trust fund to make the affordable trust inclusive of that. The Attorney is going to look into that and work with the staff Keith Carswell and others, and we'd ask you all to work closely with him on that. Unidentified Speaker: I'm fine with the deferral, but (INAUDIBLE), but this changes the fees, right? Ms. Slazyk: Yeah, this changes the fees, and I think what Commissioner Winton had wanted was something we were going to -- we've already spoken to the Law Department -- something we were going to put into the City Code, which wouldn't be here anyway, but if you want the continuance, it'll give us time to -- Chairman Teele: Well, the City Attorney said that he thought that this is the place we should look at this -- Ms. Slazyk: Right. Chairman Teele: -- to determine the eligibility of expending those funds. Ms. Slazyk: OK. Yeah. I think the expenditure would actually -- the expenditure ordinance would be in the City Code, but it's -- the deferral is a good thing to look at it and make sure. Chairman Teele: All right, till the next meeting, the next regular meeting. Ms. Slazyk: Yeah, the 12th. OK, February 12th. Joel Maxwell (Deputy City Attorney): That's the 12th. Chairman Teele: 12th, yeah. Motion by Commissioner Sanchez. Second by Commissioner Gonzalez, is that -- City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: Yes, sir. Chairman Teele: All right. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. That item is so adopted. PZ.18 03-0278 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED SUBDIVISION REGULATIONS/ VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT, BY INCLUDING A NEW SECTION 55-15(k); AUTHORIZING THE CITY MANAGER TO WAIVE RIGHT-OF-WAY CLOSURE FEES IN CERTAIN INSTANCES. 03-0278 Cover Memo.PDF 03-0278 SR Legislation DRAFT.PDF 03-0278 FR Legislation DRAFT.pdf REQUEST: To Amend Section 55-15 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PUBLIC WORKS DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to waive right-of-way closure fees in certain instances. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton 12483 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.18 is an ordinance authorizing the City Manager to waive right-of-way closure fees under certain conditions. It's been recommended for approval. Chairman Teele: Is there -- this is a public hearing. Any person desiring to be heard should come forward. Any person -- are you want -- Gary Reshefsky: This passed -- Good evening, Mr. Chairman and members of the Commission. Gary Reshefsky, offices at 1221 Brickell Avenue. This passed on first reading, as you know, and I am here today on behalf of Biscayne Development Partners, the owners of the Buena Vista Development in Wynwood. The owners of the property are donating 14 acres of land as City streets and other public spaces. They were here earlier this year to request vacation of platted but unimproved streets. To do that, they had to pay a fee of sixty-five thousand dollars to the City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 City to vacate these streets. The Manager has recommended the adoption of this ordinance for these situations where an applicant will be donating more land than actually being vacated, so we encourage you to pass this tonight. Vice Chairman Sanchez: It's basically a swap. In other words, he's donating land, and we're going to waive the fees for the land that he's going to give us. Mr. Reshefsky: Yes, sir, if you donate more than what you're actually vacating, and we're donating over 14 acres. Ms. Slazyk: The City is getting more land in streets than what they're actually vacating. Vice Chairman Sanchez: The ordinance states that? Ms. Slazyk: Yes, it does. It says it has to be equal or greater. Vice Chairman Sanchez: OK. Chairman Teele: And you're in support of this? Mr. Reshefsky: Yes, sir. Chairman Teele: All right. Is there anyone here in opposition? All right. Thank you very much . Did you want to say anything else? Mr. Reshefsky: No, sir. Thank you. Chairman Teele: The public hearing is closed. Commissioner Gonzalez: Move PZ.18. Vice Chairman Sanchez: Second. Chairman Teele: Moved and seconded. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. PZ.19 03-0416a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1001 NORTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0416a SR Fact Sheet.PDF 03-0416a Analysis.PDF 03-0416a Land Use Map.PDF 03-0416, 03-0416a & 03-0416b Aerial Map.pdf 03-0416, 03-0416a & 03-0416b School Brd Recomm.PDF 03-0416a River Comm Recomm.PDF 03-0416a PAB Reso.PDF 03-0416a Application & Supp Docs.PDF 03-0416a SR Legislation.PDF 03-0416a - submission Winston.pdf 03-0416a - submission Kinsella.pdf 03-0416a - submission Jubilee signatures.pdf 03-0416a - submission River Commission.pdf 03 - 0416a submission - signatures opposed.pdf 03-0416a - submission Dickman.pdf 03 - 0416a submission - Spring Garden.pdf 03-0416a - submission Grafton.pdf 03-0416a - submission drawing.pdf 03-0416a - submission maps.pdf 03-0416a FR Fact Sheet.PDF 03-0416a FR Legislation DRAFT.PDF 03-0416a - submission 03-0416a - submission 03-0416a - submission 03-0416a - submission 03-0416a - submission 03-0416a - submission 03-0416a - submission 03-0416a - submission 03-0416a - submission 03-0416a - submission - article.pdf - disclosure.pdf - petition.pdf - resume.pdf - correspondence 1.pdf - photo.pdf - correspondence.pdf - correspondence - 2.pdf - correspondence - 3.pdf - Comprehensive Plan.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1001 NW 7th Street APPLICANT(S): Royal Atlantic Developers, LLP and 1001 NW 7th Street Properties, Inc APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission. City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 17, 2003 by a vote of 5-1. See companion File IDs 03-0416 and 03-0416b. PURPOSE: This will allow a unified commercial development site for the proposed Royal Atlantic Major Use Special Permit Project. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Sanchez Noes: 1 - Commissioner Teele Absent: 1 - Commissioner Winton (See PZ.20 for minutes) PZ.20 03-0416b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24 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 SD-4 WATERFRONT INDUSTRIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 NORTHWEST 7TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0416b SR Fact Sheet.PDF 03-041 6b Analysis.PDF 03-0416b Zoning Map.PDF 03-0416, 03-0416a & 03-0416b Aerial Map.pdf 03-0416, 03-0416a & b School Brd Recomm.PDF 03-0416b River Comm Recomm.PDF 03-0416b ZB Reso.PDF 03-0416b Application & Supp Docs.PDF 03-0416b Legislation.PDF 03-041 6b Exhibit A.PDF 03-0416b FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1001 NW 7th Street APPLICANT(S): Royal Atlantic Developers, LLP and 1001 NW 7th Street Properties, Inc City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission. ZONING BOARD: Recommended approval to City Commission on December 15, 2003 by a vote of 9-0. See companion File IDs 03-0416 and 03-0416a. PURPOSE: This will allow a unified commercial development site for the proposed Royal Atlantic Major Use Special Permit Project. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Sanchez Noes: 1 - Commissioner Teele Absent: 1 - Commissioner Winton Chairman Teele: Anybody else? Andrew Dickman: Mr. Chair, Andrew Dickman, representing the neighborhood of Spring Garden. We're here for Item 19 and 20, PZ. We're -- we have an expert that's coming in, and I would respectfully request a time certain, ifI may, of 3:45 or 4 o'clock so that our professor, Paul George, can get back to the university, if there's no objection. Vice Chairman Sanchez: Perfectly fine. Chairman Teele: Well, we can't do that. Mr. Dickman: He has a class that starts at 5 o'clock, and he will be here at 3:45. Lucia Dougherty: There's no objection from the applicant. Chairman Teele: Well -- say again. Ms. Dougherty: There's no objection from the applicant. Chairman Teele: From the applicant? All right. Well, we're not making a commitment for a time certain. Mr. Dickman: If you can, sir. Chairman Teele: Well see how it goes, OK? Mr. Dickman: Thank you. Chairman Teele: What Item number was that? Mr. Dickman: PZ. 19 and 20, sir. I appreciate that. Thank you. Chairman Teele: Further deferrals? All right. Chairman Teele: All right. Counsel. City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Dougherty: Mr. Chairman, relating to the Spring Garden's request at 3:45, that's PZ.19 and 20, I had earlier said thatl would agree with that request. My problem is, I have lots of residents who are living in the neighborhood on the East Little Havana side coming at 6:30 to 7, and, therefore, I'm suggesting that you allow Mr. Paul speak, and then -- if that's the desire of the Commission -- let Mr. Paul speak when he comes and then defer the rest of the hearing until later on when the residents in the neighborhood can come. Chairman Teele: All right. Well take your advice and we'll have it bifurcated. Well hear from one group, et cetera. Now -- yes, sir. Mr. Dickman: On that item, I mean, we'll agree to that if the Chair will allow it, however, we would rather have a full presentation. We do have a number of citizens that are also taking time off during their day to be here, specifically, to cover this agenda. We would rather do a full -- have it all together, but if it's the Chair's preference and if -- Chairman Teele: No, no, no. Hold it now. You know, don't be overreaching now. You both said conflicting things. You've -- see, you've got a problem that has to be done by -- Mr. Dickman: Yeah. We have an expert that has to leave here by about 5 o'clock. Chairman Teele: By 5 o'clock. She's got public coming here -- Mr. Dickman: At 6. Chairman Teele: -- at 6:30, so the fair thing to do would be to take up your expert and hear that -- Mr. Dickman: OK Chairman Teele: -- recess the meeting, and then take the rest of it up at 6:30. Mr. Dickman: That's fine. If you -- Chairman Teele: Do you have a problem with that? Mr. Dickman: No. If you allow it, as long as that's adequate for the testimony. As long as we -- Chairman Teele: All right. Madam, we're at that time. Let's take up the Spring Garden item, where the professor's got to leave. Is that right? What item is that? Lucia? Ms. Dougherty: Yes. It's 19 and 20. Chairman Teele: What's that item number? Lourdes Slazyk (Assistant Director, Planning & Zoning): 19 and 20. Ms. Dougherty: 19 and 20. Chairman Teele: All right. PZ (Planning and Zoning) Number 19 and 20. For the purpose of hearing the testimony of an expert who has to leave, and then the item will be brought back at 6: 30 p.m. You want to just describe the item, Madam Director or Madam -- Ms. Slazyk: Yes. PZ.19 and 20 are companion items for land use and zoning change for the property located at approximately 1001 Northwest 7th Street. The land use change is from City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 industrial to restricted commercial, and the zoning change is from SD-4, which is a waterfront industrial district, to C-1 restricted commercial. The Planning Advisory Board recommended approval of the land use change, and the Zoning Board recommended approval to the City Commission of the zoning change. It was also recommended for approval by the Planning and Zoning Department. Commissioner Gonzalez: I have -- Ms. Slazyk: This -- just for the record, this land use and zoning change is a component of a Major Use Special Permit, but because the land use and zoning changes are ordinances and require two readings, the major use is not before you tonight, only the land use and zoning change. If these were so approved on first reading, at second reading you will see the full project. Commissioner Gonzalez: I have a question. Chairman Teele: Yes. Commissioner Gonzalez: This is a waterfront property, right? Ms. Slazyk: Yes, it is. Commissioner Gonzalez: It's right in the Miami River, right? Ms. Slazyk: Correct. Commissioner Gonzalez: West of 27th -- of 12th Avenue, right? Chairman Teele: It's what? Commissioner Gonzalez: East of 12th Avenue. I'm sorry. Ms. Slazyk: East. Chairman Teele: East of 12th Avenue. Ms. Slazyk: Yes. East. Commissioner Gonzalez: OK Chairman Teele: Between 7th and 12th, right? Ms. Slazyk: Yes. Commissioner Gonzalez: Yes, between 7th and 12th. Ms. Slazyk: It's at 1001 Northwest 7th, so it's between 7th and 12th, yes. Chairman Teele: All right. Now, let me just be very clear. Madam Counsel, for the opposition or for the -- Unidentified Speaker: She's the applicant. Chairman Teele: You have the right to cross-examine the expert. Are you comfortable bifurcating this process to allow this? City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Dougherty: Yes. Chairman Teele: OK, so you're free to proceed. Mr. Dickman: Thank you, Mr. Chair. Andrew Dickman, Attorney at Law. Law offices are 9111 Park Drive in Miami Shores. I'm representing Spring Garden Civic Association. I have both the architect and Dr. Paul George here, if it's OK to have both of them testify, and then they can go, and our citizens can stay. Is that all right with the Chair and with the -- Chairman Teele: That's what we've sort of -- Mr. Dickman: OK Well, what -- I -- previously, I had said just the historian, but, anyway, let me introduce our architect, Thorn Grafton, who is going to -- he's also a planner -- he's going to evaluate the project on behalf of us, and then after that, it'll be Dr. Paul George, the historian. Mr. Grafton, please. Thorn Grafton: Thank you, Andrew. My name is Thorn Grafton. I'm the principal in my own firm, Thorn Grafton ArchitectAlA, with offices in Coral Gables. I live at 2814 Chucunantah Road in Coconut Grove, City ofMiami. I was -- I'm actually here on a pro bono basis representing my friends in Spring Garden, and I thought it was interesting, as background, that my firm, in the mid '80s, 1985, specifically, Zyscovich and Grafton, was asked to study the Miami River, between downtown and 27th Avenue, to provide a vision of where and how riverfront development in that area should occur. We suggested the best form for development would be to reinforce density at each end of the stretch; downtown, obviously, and then 27th Avenue, so, essentially, creating a node at 27th Avenue. What we really discovered was there was great potential for the midsection of the river between those two nodes to remain essentially low -scale. The theory was that providing higher density at each end would actually strengthen all three parts, the low section in the middle and the high -density at each end. Now, by strengthening, what mean is making places that, over a long term, really retain the quality of life as desirable places to live and work. Now, this idea was well -received at the time. The forms that we're suggesting are distinct and contained, providing a sense of continuity into a future where both development and a historic environment would coexist. This objective is the essence of urban design. The notion that anything can go anywhere is the antithesis of urban design, with individual mistakes able to create grave damage to much larger urban systems. The Royal Atlantic Project, radically out of scale with its place in this urban environmental and historic framework, is such a mistake, in my professional opinion. Now, I'm going to expedite the rest of my comments just to be brief but am entering into the record -- I have a two page analysis here, and I'm just going to hit very briefly on that. We feel that we have excessive building height, which is going to negatively impact historic Spring Garden. There have been no sun shading studies done. Their own site plan shows a shadow cast across the Miami River, and I articulate in this statement that I'm going to give you some of the concerns about the building height. A hundred and fifty feet is the height that's allowed now. Why we would change everything about the site, including -- Ms. Dougherty: Mr. Chairman, I just have a question procedurally, if you don't mind. He's talking about the project and what we have before us today is a zoning ordinance on first reading and a comprehensive plan ordinance on first reading, and we don't have before us the project. You're talking about things that I'm going to have to present the next time and not allowed to do today. Mr. Grafton: OK. Ms. Dougherty: So the question I have for the Chairman is that if he is able to talk about what the project is, am I going to be allowed to actually show the project? -- and that's really for the City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 City Attorney, as well. Chairman Teele: Well, he's opened the door now. I mean, you've got a chance to rebut what he says, if he starts talking about this project, and, obviously, you'll have an opportunity to show the project to rebut what he's saying, if he's opening the door. The question is -- Ms. Dougherty: I just want to make that clear -- Chairman Teele: -- is the door cracked or is it open? Ms. Dougherty: -- because, typically, the City Attorney will not let me make the presentation on the project at the time that the first reading of the zoning ordinance is effective. Chairman Teele: I understand, but you have the right to rebut his testimony. Counsel, so -- Mr. Grafton: I mean, this -- obviously, logically, this is driven by the applicant's project on the property, but for that project, there would not be a zoning change or an amendment before you, andthe -- Chairman Teele: But you're opening the door even wider now. I mean, I think the City Attorney would have preferred and the rules informally would be, is that you not talk about the project, but talk about the land use. Mr. Attorney, is that -- Joel Maxwell (Deputy City Attorney): That's absolutely right, Mr. Chairman, and as Ms. Dougherty has pointed out, what we normally require and we ask for is that the Commission only consider the application before them, which, in this particular instance, is a comprehensive plan change and an accompanying land use change. When the project itself the Major Use Special Permit, which is an application, which is separate consideration, a quasi-judicial proceeding, when it comes before the City Commission, that would be the proper time for the testimony that is being tendered at this time to be submitted and considered. I don't think that this is the proper time for that. Chairman Teele: All right. Well, Chair is going to rule that he cracked the door but didn't get it wide open, so let's don't get into that any further. Mr. Grafton: OK. Then I'd like to conclude my remarks and not be project specific and just deal with the zoning aspects of this. Chairman Teele: That's the only issue that's before us. Mr. Grafton: And I would like to state that the height limit goes along with zoning, so we're very concerned about a project that would be allowed to be built to such a height as the one that is being proposed in terms of the zoning. Chairman Teele: Forget the one that's being proposed. Just talk about the height limit. Mr. Grafton: OK. Chairman Teele: You're saying you don't want something that's how high? Mr. Grafton: Two hundred and seventy, 280 feet tall. Twenty-seven stories. Chairman Teele: What is your professional recommendation that the height limits in that area be? City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Grafton: Well, the height limit currently is 150 feet, so that certainly should not be allowed to be increased, and, in fact, you get much more successful projects in an area like the Miami River and that kind of a historic setting if it's more in the neighborhood of eight stories, nine stories, as a maximum. Even that would be -- Chairman Teele: What's eight stories? Mr. Grafton: Eighty feet. Chairman Teele: What's nine stories? Mr. Grafton: Ninety feet. Chairman Teele: I wasn't good in math. I'm just frying to help you say it. OK. Mr. Grafton: So that would be more appropriate in terms of that kind of zoning that we would look for. I think, really, what we're looking at is quite a contrast in the zoning that sits across 7 th Sfreet to the type of zoning that's being proposed, so it's -- without even talking about the project, just the contrast in zoning ability is radical between the two sides of the street, so we look forward to dealing more with project specific issues at the next opportunity. Chairman Teele: Hold it, Counsel. Sir -- I mean -- Counsel, did you have any questions -- Ms. Dougherty: I do. Chairman Teele: -- or cross-examination? Ms. Dougherty: I do, indeed. So, you're familiar with the zoning around the neighborhood? Mr. Grafton: Yes. Ms. Dougherty: What does the zoning directly across the street on 7th Street permit? Mr. Grafton: Well, I'm familiar with the zoning that's in place, in terms of the land use. I should rephrase to say I haven't really look at the zoning districts across the street. Ms. Dougherty: Well, you were talking about how this is incompatible with the zoning surrounding the area, and I'm asking you what's across the street from 7th Sfreet. Mr. Grafton: That I have not looked at. Ms. Dougherty: It's office district, allowing exactly the same size and FAR (Floor Area Ratio) and height that this particular ordinance -- or this particular application has. Would you agree with that ifI told you that? Mr. Grafton: It sounds plausible. Ms. Dougherty: OK. How about directly to the east -- to the west of this property, what is it zoned? Mr. Grafton: Directly to the west. Ms. Dougherty: It's in the -- Mr. Grafton: I have -- City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Dougherty: It's in the zoning -- Mr. Grafton: Yes. I haven't really looked at the zoning of anything other than this -- Ms. Dougherty: So, abutting this property is -- Mr. Grafton: -- this property. Ms. Dougherty: -- zoned C-1, which is exactly what we're asking for. Are you aware of that? Mr. Grafton: That sounds familiar. Yes. Ms. Dougherty: OK. Directly on the west of the property is also a major public facility, a GI. Are you aware that you can build exactly the same height and the same FAR as we're proposing? Mr. Grafton: In the GI? For 280 feet? Ms. Dougherty: GI is what the Grovenor is across the street from here. Mr. Grafton: Well, I believe there's additional restrictions on GI that would be -- Ms. Dougherty: OK. Then how about -- Mr. Grafton: -- that would have -- yes. Ms. Dougherty: -- the size of the building? The size of this building, can it be built in exactly -- in this district currently? Mr. Grafton: You're talking about the FAR? Ms. Dougherty: The FAR. Mr. Grafton: The square footage? Ms. Dougherty: The square footage of the building that we are proposing, can it be built under today's Code under the waterfront industrial? IfI told you it's exactly the same FAR, would you take my word for that? Mr. Grafton: Yes, I would. Ms. Dougherty: OK. Have you looked at the Miami Comprehensive Plan dealing with this issue on the river, and what does it say? Mr. Grafton: I have not looked at the Miami Comprehensive Plan with regard to the river. No. Ms. Dougherty: Do you know that there is a goal that says the City will continue to promote development of new high -density -- highly densed urban neighborhoods along the Miami River? Mr. Grafton: I'm aware of that policy. I did not know it came from that report, but I am concerned about that. Yes. Ms. Dougherty: Are you aware that the Miami River Commission and the Miami River Infill Committee both recommended approval of this zoning and this Major Use Special Permit? City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Grafton: Yes, I'm aware of that. Ms. Dougherty: I don't have any further questions. Chairman Teele: All right. Counsel, did you want to ask follow up questions? Mr. Dickman: No, I would not. I'd askMr. -- Dr. Paul George, actually, to come forward and speak to the importance of the history of Spring Gardens and the river, and what the potential impacts could be of up zoning and change in land use. Paul George: Thanks for having me here. I'm Paul George, 1345 Southwest 14th Street in Miami, and I'm delighted to be here, and I wanted to speak to the importance of the Spring Garden community and the uniqueness of Spring Garden, and a lot of people here are aware of the fact that it goes back about 90 years now to the mid 1910s, and in the 1920s, there was a further development there, so it's a wonderful in -town community; one of the first suburbs, actually, of downtown Miami, and it's a community that's held together all these years and decades in spite of all the enormous changes, demographically and otherwise, that have taken place in Greater Miami. Spring Garden, the residents there have had a very active group that has met periodically for decades. They took it upon themselves, back in the mid 1990s, to apply for historic designation and received that in 1997. I thought that was interesting because it was a community effort. They didn't hire some outside firm to advise them and do the survey for them, so it's a community with tremendous pride. It's a unique area because of the subtropical hammock that it was carved out of at the beginning of the 1910s by John Seabold, who was a preeminent baker in early Miami. It has a lot of historical roots to it. The river, itself is one of their beloved charms. You'll find people in Spring Garden sitting out on their decks facing the river. I do about maybe 15 or so historic Miami River tours every year. Whenever we glide by there, people come out and wave, say hello. It's like a neighborhood, and so, I'm -- Commissioner Gonzalez: May I interrupt -- Mr. George: Yes, sir. Commissioner Gonzalez: -- you for a minute? Mr. George: Yes, sir. Commissioner Gonzalez: I hear you make reference to a Spring Gardens, and a Spring Gardens, and a Spring Gardens. Do you realize that Spring Gardens is across the Miami River? Mr. George: Oh, I'm aware of that, yes. Commissioner Gonzalez: The other side of the river. Mr. George: I am aware of that. Yes. Commissioner Gonzalez: Because I don't see -- honestly, I don't see the relation between Spring Gardens and Northwest 7th Street. I don't know how wide the Miami River is, but it's right across from Spring Garden, across the Miami River, so, you know, I can't -- and I'm sorry for interrupting you, but I -- Mr. George: No. It's no problem. Commissioner Gonzalez: -- you know, I don't see the -- Mr. George: Well, there's the -- City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: -- connection. Mr. George: There is concern on the part of the Spring Garden folks that a building they consider to be way out of scale would be sitting directly across from them, among other things, casting a shadow on a park that they've been so careful to begin to put together, so that's their main concern, and what I'm here to talk about is their love of the Miami River and their love of their neighborhood. It's a very unique in -City neighborhood. Nobody bailed out when everything changed in this community back in the '60s, and even late '50s and '70s. They stayed and they built, and so, I'm really sensitive to the history of that neighborhood, as well as to their concerns, and that's why I'm up here, just to sort of support what they want, and that is they want something across from them that's not going to dwarf what they have on the other side of the river itself and that's essentially why I'm here. I don't think I have to take any more ofyour time. I love Spring Garden. I respect so much their viewpoint. I love its history, and they're very, very sensitive to this. I think a lot of those folks believe that the tremendous development in the river, in terms of residential structures, would be quite farther east of that in the downtown area, and to and behold, they're now faced with something very large across from them, and it concerns them, and I want to thank you all for having me up here. I appreciate it. Chairman Teele: Hold on just -- Counsel. Ms. Dougherty: Thank you, Dr. George, and my client also respect your history and your knowledge of the Miami River. I just have a question. Mr. George: Sure. Ms. Dougherty: Do you think that it would be helpful to Spring Gardens if the property were to be a total waterfront industrial site with container yards, off-loading, on -loading, industrial types of projects? Mr. George: No, I don't, at all. Ms. Dougherty: Or even for -- Mr. George: Of course not. Ms. Dougherty: You don't think so? Mr. George: Of course not. Ms. Dougherty: I haven't any further questions. Chairman Teele: Let me -- I've tried to not -- but Commissioner Gonzalez raised a question. There's two points. First, I really think it would be helpful if you put a little bit ofyour academic credentials or your credentials on -- just a little bit on the record. We all know -- Mr. George: OK. Chairman Teele: -- who you are, but the record doesn't. Mr. George: Sure. Chairman Teele: And then, after you do that, I want to just make one observation. Mr. George: OK. I hold a PhD in history and I teach history at Miami -Dade College downtown City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 . I've written more than 200 articles on Miami and Florida history, and eight books, and I've been conducting tours of Greater Miami for about 20 years, and I want to say that have about 35 or 40 different tours. The most popular tour thatl do is the Miami River boat tour. People are enamored of the river, intrigued by the river, and one of the most pleasant parts of the river tour is when we kind of glide by Spring Garden, and, of course, I talk about the other bank, too, which housed the Miami News building for nine years. Where these proposed builders would be is where the Miami News moved in the fall of 1957, and remained there until 1966, so it's a place that's very close to my heart, as is the neighborhood where these proposed buildings would be. That's a part of the original riverside neighborhood, which was one of the first suburbs of Miami, going back to the first decade of the 20th Century, and it's been, for me, an Ellis Island. That's an incredible neighborhood where people chasing the American dream are moving into, and have been for the last 45 years, so that's kind of where I'm coming from, and I appreciate so much you letting me come up here and talk for a few minutes. Chairman Teele: We're delighted that you took the time. We all recognize who you are and your expertise in the matter. Mr. George: Thank you, sir. Chairman Teele: I do want to direct one -- Vice Chairman Sanchez: Great Miamian. Mr. George: Pardon me? Vice Chairman Sanchez: A great Miamian. Mr. George: Thank you. Thanks, sir. Chairman Teele: I do want to direct one comment to counsel because I don't know how you let her get that through you like that. Because she started talking about 7th Street in her question, but isn't there a river in between the site that we're talking about and 7th Street? Mr. George: No. There's a -- there's actually -- here's 7th Street. There's land with some buildings, and then there's the river. Chairman Teele: Right. Mr. George: So, this proposed building would be set back just from the south bank of the river. Chairman Teele: Just from the south bank of the river. Mr. George: Right. It abuts the south bank of the Miami River. Chairman Teele: All right. Are you satisfied? Did you make all of the points that you'd like to make? Mr. George: I wanted to -- I just wanted really to express my love for Spring Garden for many reasons; the subtropical jungle that it's located within, and the fact that these folks who live there didn't bail out and go to the suburbs in the '60s, '70s and '80s. They stayed in the center City despite a rise in crime, despite the perception of crime, and now they're sort of riding the crest of a renewal of interest in the center City, and that's one of the reasons why I'm so touched by Spring Garden, but that's probably the extent of my remarks at this point. Chairman Teele: All right. Thank you very much. City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. George: Thanks for having me here. I appreciate it. Chairman Teele: All right. Now, unless there's an objection, we're going to recess this item until what time, Counsel? About? Ms. Dougherty: 6:30. Chairman Teele: About 6:30, and we'll take the item up in total at that time. Is that -- Ms. Dougherty: Thank you very much. Mr. Dickman: I want to thank the Commission for allowing us to do that, and I want to thank opposing counsel for also cooperating. Vice Chairman Sanchez: Thank you. Chairman Teele: Thank you very much. Chairman Teele: All right. Is there anything else? All right. If not, we will go back to the item relating to Spring -- to the -- what are the two zoning items, Madam Director? Lourdes Slazyk (Assistant Director, Planning & Zoning): I believe 19 and 20. Chairman Teele: 19 and 20. Ms. Slazyk: Right, which is a land use and zoning change. It's actually across the river from Spring Garden, but that's the neighborhood that's concerned about it. Chairman Teele: But it's not in Spring Garden? Ms. Slazyk: No, it is not. Chairman Teele: It's in -- Ms. Slazyk: It's across -- Chairman Teele: Across the river. Ms. Slazyk: It's to the -- it's on the south side. Commissioner Gonzalez: Northwest 7th Street. Ms. Slazyk: Right. Chairman Teele: All right. Ms. Slazyk: I already gave my presentation, so I guess -- Vice Chairman Sanchez: It's in District 3. Chairman Teele: All right. Commissioner Regalado: Is that the Miami News? Vice Chairman Sanchez: Yes. City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Slazyk: It is. Commissioner Regalado: That is the Miami News building? Chairman Teele: All right. Why don't we let the applicant regain your time now, and let's do this in a normal way. It's been introduced by the staff and, Ms. Dougherty, you may proceed. About how long are you going to require? Lucia Dougherty: My guess that -- in case in chief will not take more than 20 minutes. Chairman Teele: Twenty minutes? Ms. Dougherty: Maximum. My name is Lucia Dougherty with offices at 1221BrickellAvenue. I'm joined today with Gloria Velazquez of my office, as well as Gary Rashefsky. We're here on behalf of the owners, as well as the developers and contract vendees, Royal Atlantic. Joining me is Edwin Verdezoto, who is the principal of Royal Atlantic, as well as my co -counsel, Don Darrah. The request before you today is a request for a rezoning and a comp plan amendment from waterfront industrial to general commercial. Excuse me, to restricted commercial. Companion zoning -- companion Major Use Special Permit will be heard next week, with your second reading of your Zoning Ordinance, but the first thing to do is -- and, Gloria, please pass out this photograph. Photograph shows the Miami News building on it, and that's the entire site. The current zoning is waterfront industrial, which permits -- and I'm going to read them to you -- following uses: Freight terminals, facilities for warehousing and storage packing, packing of crating materials from or for marine shipment, assembly and distribution facilities from marine shipments, expect as provided for your -- and permitted uses and structures as seen below, passenger terminals, related facilities for handling baggage of freight, ground transportation, construction and maintenance service repair storage ofvehiculars -- vehicles, including shipyards, dry docks, marine railroads, shops and marine woodworking, electrical communication, instrument installation, et cetera. I mean, I could go on. These are permitted principal uses not requiring a special exception or a conditional use, not requiring any kind of hearing from a Zoning Board or Planning Advisory Board. In the past, the use was a Miami News building, as Commissioner Regalado said. After that, it was a banking facility for the Southeast bank. During that period of time, I understand from residents who lived across the river from there, there was a helicopter that landed twice a day on that facility. There were three to four hundred people working in the facility every single day and helicopters landing twice a day. There was a minimum -- there was a 24-hour operation in both cases, and since the time that my client, Dr. Shankman, owned the property, it was also a Dade County Public Schools. Public schools had to move out because it's in the flight pattern or the flight path of the Miami International Airport, and they were not permitted to continue having a school there, and it was a temporary facility. The property is proposed to be C-1 restricted commercial. Now, what are the uses you can have for that? You can have residential. You can't have residential in the waterfront industrial. You can have office and you can are retail. You will see in the next hearing that what we're proposing is a primarily residential project with offices only on Southwest 7th Street, as a liner pedestrian friendly use, and again because we have applied for a Major Use Special Permit, the Rezoning is inside the context of this Major Use Special Permit and so it's tied to that permit, so we can't go back and change it at a later date without having to come back and amend the permit. I'd like the architect to come forward with a zoning map that I'd like to discuss with you. What you see in pink is the site itself and the site would be, again, restricted commercial, allowing for the density of an R-4 use and -- but allowing for commercial on 7th Street. What I'm showing you in red is every piece of property on the river or surrounding the river that allows for exactly the same intensity and height as we're proposing in our Major Use Special Permit. In other words, all of this red is consistent with what we're asking for today. The pocket, the interesting thing is, there's a hole in the doughnut. That's the single family. Now, the interesting thing also is, but it is buffered by R-3. Now, you're going to City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 hear people say that they don't think this is good planning. I tell you what, it's the best planning. You've got single family buffered by 65 feet ofR-3 on both sides, both on the river on this side, and then you have the higher density, which is consistent with the comprehensive plan provision that I read to you before, and I'm going to read it again. "The City will continue to promote development of new, high quality, dense urban neighborhoods along the Miami River in central Brickell and the Southeast Overtown/Park West through special SD zoning." It's interesting, too, that this relationship that this property has to the river is exactly the same relationship that Brickell Avenue has with the South Miami Avenue residential district. I think all of you would agree that South Miami Avenue is probably one of our most prestigious neighborhoods to live in. Across from Brickell Avenue is the R-4. Across from the Miami River is an R-4 -- what we're proposing as an R-4 residential use. On the other side of Brickell Avenue, on the west side is an R-3. On the west side of the Miami River is an R-3. It's protecting the single-family houses in the Spring Garden area. There's another comprehensive plan goal that I'd like to read to you. " The City will continue to revise residential zoning district regulations to provide greater flexibility in the design and development of a variety of contemporary housing types, and mixed use development with the applicable new high density zoning." This is consistent with what you have in the zoning map already, as well as what you have proposed in your comprehensive plan for the Miami River. And although we're going to have -- you're going to see the Major Use Special Permit in the next hearing, I'd like to just discuss a little bit of the scrutiny in the hearings, in the process that we've gone forth to get to the point where we have a rezoning in the context of this Major Use Special Permit. The first hearing or the first meeting that we had was a pre -application review conference with the City on July the 14th. On July the 15th, we met with the Spring Garden Civic Association, literally one day later. We revised our permit application based on what they said. We initially had three buildings and 34 stories tall. We revised it and came down to two buildings. We then met with the Miami River Commission. We actually -- we reduced the height again to 27 stories. We increased the view corridor, which did not exist in the first instance. We actually separated the buildings and have a view corridor going from the river all the way to 7th Street. We've gone through internal Design Review, which has approved it. The Urban Review Board, the Historic Preservation Board, the Miami River Commission, the Miami River Infill Committee, the PAB (Planning Advisory Board) and the Zoning Board. All of them have recommended approval of the rezoning. Even the PAB, which thought that the building itself was too high, recommended approval of this rezoning. We've met again with the Spring Garden Homeowners Association and, unfortunately, we can't get their support. Wed like to. Wed like to do whatever is necessary to buffer or otherwise screen what they believe is an impact, but what they've told us that their concerns are the following. They say that they have a concern that traffic from our development is going to somehow impact their neighborhood. They're concerned with the noise. They believe that the noise, the juxtaposition of the buildings are going to actually increase the noise from the Miami River or from the airplanes above, and therefore they have a concern about that. They have a concern about the property values and they have a concern about their views. As a result, we engaged traffic planner, JackAhlstedt, who is going to talk about traffic under the current zoning that's permitted, and also traffic under the new zoning. We have a noise attenuation expert, Gary Kinsella, who's also going to do the same thing, and whether or not noise is going to be increased by reason of the fact that you have industrial or residential development, and then we have Jack Winston, who is going to talk about the property values, and Larry Cohan, our architect, who's going to talk about what the views would be under both conditions. After that, Brett Bibeau from the River Commission will speak, as well as Doug Meyer, who is the owner and developer of Jubilee, which is the property -- the home ownership property directly across the sfeetfrom this site, and I again, what I wanted to show you, Commissioner Teele, because you had asked whether there was a river between -- would you hold this for me? This is the site. This is the commercial and office designation, as well as GI (Government Institutional), which permits exactly what we're asking for. It is not -- there's no river separating them. It is directly across the street, and the Jubilee is directly across the street as well, and they're here in support. With that, I'd like first to have JackAhlstedt, our traffic engineer, come forward. City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Jackson Al Ahlstedt: For the record, my name is Jackson M. Ahlstedt. I'm a registered professional engineer in the State of Florida, specializing in traffic and transportation engineering and planning. My office is located at 46 Northwest 94th Street, Miami Shores, Florida. Very briefly, it's my understanding, under the existing zoning, you can develop as many as approximately 764,000 square feet of marine -related activities. There is no frip generation rates, which we typically use for that sort of activity, but say it's a general light commercial activity. Comparing that to the proposal, under the proposal, a proposed rezoning, you could generate approximately 950 dwelling units. The actual proposal was less, on the order of 750 dwelling units, but comparing the worst case there, the amount of daily traffic generated by the general light industry of 764,000 square feet is roughly equal to the traffic generated by the proposed -- the potential residential of 950 dwelling units and it's actually significantly more than the proposal of approximately 750 dwelling units. Ms. Dougherty: I would like our noise attenuation expert, Gary Kinsella, to come forth. I'm going to put his resume into the record for -- into the record. Gary Kinsella: For the record, I'm Gary Kinsella, with Pelton Marsh Kinsella, consultants and acoustics. Our offices are at 4045 Sheridan Avenue, in Miami Beach. We were retained to look at the noise issues related to this site, and our -- what we found was that the noise from the existing site, with its HVAC, Heating Ventilating and Air Conditioning equipment, rooftop equipment, and the equipment that's currently running that you can see from across the river in Miami Springs is significantly noisier than the noise that will be generated from the proposed residential facilities. Vice Chairman Sanchez: So, let me just stop you there for a minute. Mr. Kinsella: Yes, sir. Vice Chairman Sanchez: So, you're saying that with the building there, the noise is less detected than without a building there? Mr. Kinsella: No, sir. The noise generated by the existing building is more than the noise that will be generated by the mechanical noise of the new buildings. We haven't addressed the -- I'm about to address the environmental noise issues which are the aircraft and the -- Vice Chairman Sanchez: No. I'm talking about the existing airplane noise. Mr. Kinsella: The existing airplane noise will be a significantly minor change, less than one decibel, and maybe I can show you the contours that we developed. This contour shows the Miami Springs -- the Spring Garden area with existing airplane noise as it is now. That's with airplanes that are climbing out and flying down the river at approximately five thousand feet or climbing along this corridor, and the noise comes from five thousand feet above its direct noise, rather than reflected off of anything. The next contour was generated by our sound plan model, which is a very accurate planning model, and it's with the same aircraft noise with the inclusion of the new buildings. You'll notice that the new buildings are curvilinear. They're not flat, so they -- (INAUDIBLE) surfaces. Also, the noise still comes from up here above, so very little reflection, less than one decibel, is the reflected noise into the community from the aircraft noise with the new buildings. One decibel is not noticeable by the human ear, so they will not notice the difference due to these buildings. We generated the same models with the river traffic and there's a lot of differences in the color (INAUDIBLE) at sea level, at river level, and comes from the river and at the present time is reflected with a 60 (UNINTELLIGIBLE) doubling per distance off into the community. With the new buildings, the next one -- with the new buildings, they're actually reflected up rather than into the buildings, so there's really not going to be a noise issue related to that, and with this -- this will be retail off residential, so there will be a lot less noise associated with all of the other issues that are at the current facility there. It's going to City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 be a really great change for the residents. Thank you. Chairman Teele: All right. Ms. Dougherty: We have Jack Winston, who is with Goodkin and Associates. I'm going to pass out his resume as he's speaking. . Jack Winston: My name is Jack Winston, 200 -- Chairman Teele: I just want to make -- counsel, you do have the right to cross-examine any of these people -- Andrew Dickman: I was going to wait until their presentation, and then cross once we're up. Chairman Teele: All right. Mr. Dickman: Would you rather -- Chairman Teele: Any way you want to do it. Vice Chairman Sanchez: He reserves his right -- Mr. Dickman: I reserve my right to cross. Mr. Winston: My name is Jack Winston, 200 South Biscayne Boulevard, the senior consultant at Good -- Vice Chairman Sanchez: (INAUDIBLE) mike is on. Is it on? Mr. Winston: This one? Chairman Teele: Yes. That's -- Mr. Winston: Jack Winston, 200 South Biscayne Boulevard. I'm senior consultant at Goodkin Consulting, strategic alliance with Price Warehouse Coopers, and an adjunct professor of Real Estate Development and Planning at the University ofMiami. I've been asked to comment about both the land values and the appropriateness of changing this particular zoning. We believe in our opinion that the land values for the corresponding residences on the other side of the river, opposite this site, will be enhanced with this particular property. Currently, people living on the other side of the river are facing industrial property, which normally is a lower classification than residential uses as it comes to -- as it relates to land value. The property surrounding those residences and on the other side of the river is a neighborhood which is in transition, and currently the ideal residential development moving up the river, which is part of the progression, the development of the river is going to enhance and upgrade the quality of the neighborhoods on both sides of the river. The transition will bring high -end residential development to the river . It can be forced, at best, by the height of the buildings, allowing purchasers to have use down the river and out to the bay, and the idea of having mixed use developments as a premiere use along the river will continue that type of development as it moves out of the downtown marketplace, and the mix use development will encourage neighborhood development with neighborhood retail adjacent to this particular center, so we feel it's a very appropriate change of use. It's a change, which is part of the growth direction of the City ofMiami, as well as the river, and it will ultimately enhance the value of properties surrounding and across from this site. Thank you. Chairman Teele: All right. Is that it? City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Dougherty: No. We just have three more speakers. Larry Cohan, who is our architect to talk about the relationship of the zoning around the -- and the surrounding properties. Larry Cohan: Good evening. Larry Cohan. I am one of the principals with Brito Cohan and Associates. We're the architects for the project. Chairman Teele: Address, please. Mr. Cohan: Address is 4942 LeJeune Road, Coral Gables. We're requesting the change in zoning really because we want to create a project that's going to have a meaningful and positive impact on the surrounding community on the east Little Havana neighborhood and also for the City ofMiami residents in general. Like to tell you a little bit about this site first. It's a fairly substantial site. It's 6.31 acres. It is -- has a 1,048 linear feet along the Miami River. It's about 160 feet at its narrowest, and over 400 feet at its depth. 6.31 is a fairly substantial site. On its west, it's bounded -- that little structure right there is a Miami -Dade County maintenance facility . Right here across from the maintenance facility, those are a series of warehouses. Their claim to fame is that's where the Orange Bowl floats were stored while we had the Orange Bowl Parade, and then further along Northwest Avenue -- Northwest 11 th Avenue is a fire station. Directly across from us is -- on Northwest 7th Sfreet is the Jubilee Condominium Apartment, and a vacant -- kind of hard to see from that area, but that's a vacant lot that is right now an asphalt parking lot, just parking on grade, and again that site, as we saw before on the zoning map, that little site is already zoned to allow the height that we're requesting by our change of zoning, and FAR (Floor Area Ratio), so we're already asking to be compatible with what's directly across 7th Sfreet, which is not more than 40 feet away from us. Continuing along the east face of our site is Allied Marine. That's Allied Marine right there to our east, and adjacent to Allied Marine is an active freight forwarding business, and directly across to our north is the Spring Garden neighborhood; admittedly, a historic neighborhood; admittedly, a low-rise neighborhood. The change of zoning that we're requesting is to allow high-rise across from a major artery, the Miami River, which sits across from an R-3, which abuts an R-1. That change -- this zoning pattern is actually consistent with the Brickell Corridor. Brickell Corridor, I think, is a fine example of zoning. On this board, on the left-hand side and on the right-hand side are two existing projects along Brickell. On the left, you're looking at the palace; next to it, the Villa Regina. Below that is an aerial view, which we've dimensioned. On the right is the Metropolitan, and that's a photograph of it. Below that is also an aerial to which we've attached both dimensions and zoning. Obviously, along the water's edge is high-rise residential on both sides, as well as what we are requesting. Brickell Avenue, which is about 75 feet wide is a buffer, and we have a buffer of the Miami River, which is about 150 feet wide. On the other side of Brickell is an R-3 neighborhood. On the other side of the Miami River is an R-3 neighborhood, and abutting that is an R-1, again, in both cases. Again, I'd like to repeat that I think Brickell is a sought-after neighborhood. It's an excellent neighborhood. I think it works very well visually, and it works very well for its residents. Couple of details are that, in this photo, the distance between the Palace and the Villa Regina is 100 feet. Our buildings are going to be separated tower to tower. Our closest portion is 120 feet, 20 feet more, and that the distance from the Villa Regina over to what it abuts in the R-3, from tower to tower, is 240 feet. Our closest dimension from our tower to townhouse is 260 feet. Again, we've increased it by 20 feet. You'll notice that the Imperial is 140 feet from its face to the face of the adjoining R-3 building. Similar is the Metropolitan, which is 210 feet from its tower to the R-3 building, and what's interesting about that 210 is there's a pedestal that you really don't see at the Metropolitan because it's screened by trees. The pedestal actually encroaches 30 feet. Our project was designed to follow that example, and we've also tried to surpass it in many ways. First of all, take a look at our site. The pink are the property lines. That is the 6.31 acres. This pink line right there is the 1,048 linear feet that we abut the Miami River. This hatched area represents the portions of our project that are over six floors. There are no buildings anywhere. This is the garage that you see outlined in green. That would be the garage portion or the City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 pedestal portion. Everything else that you see, thatl am describing right now is all landscape on grade. In fact, 55 percent of this site is landscape open space on grade. Ms. Dougherty: One of the things that wanted you to be aware of is that we can't talk about our projects, so I'd like for you to talk about it in a context of what could be there under the industrial zoning versus what is there for the Major Use Special Permit. Vice Chairman Sanchez: I have a question before you go on. The water buffer is 150, but from the property line, whichever's closest to the river, what are we talking about in length from there? Mr. Cohan: Say that -- our property line extends into the -- our property line is 10 feet beyond the seawall, but -- Vice Chairman Sanchez: OK. Therefore, from your -- one of the structures, whichever is closest to the river, from there, which will be -- it will probably be that one? Mr. Cohan: This is the -- from this point of the structure -- Vice Chairman Sanchez: How far are you from the river? Mr. Cohan: From the water's edge? Vice Chairman Sanchez: From the water's edge. Mr. Cohan: 40 feet. Vice Chairman Sanchez: 40 feet. All right. Mr. Cohan: Ms. Dougherty: There is no setback, by the way, in the waterfront industrial. Vice Chairman Sanchez: I understand. Ms. Dougherty: OK, but we do have (INAUDIBLE). Mr. Cohan: I guess, Lucia, your question is what could be there under the waterfront? We could have a wall of six -story commercial buildings. We could just -- well, OK, 10-story building. Ms. Dougherty: Have a wall of 10-story building without a river walk, without a public access -- Mr. Cohan: Yeah. Again, I guess I can't talk about the project specific, but can tell you that this project would have basically 43,500 square feet of public use. We've been requested and have provided a 20-foot green belt for that 1, 048 feet along the river. We've got a 20-foot green belt on both sides of our project. We've got a 10 foot green belt along Northwest 11 th Avenue and Northwest 7th Street. I think, again we are looking for a change in zoning because this neighborhood needs a -- more than a face-lift. It needs an injection. It is -- there's nobody there at night. It is not pleasant to be there for the residents that are there. We're going to bring in residents that are there by day and by night. We're creating -- we'd like to create townhouses. We've been asked to do that by staff and we did, to have eyes on the street, to make that neighborhood safer to make that neighborhood vibrant, and in addition, we're giving basically an acre of property for City residents. City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Dougherty: At this time, I'd like Brett Bibeau from the Miami River Commission to come forward. Brett Bibeau: Honorable City Commissioners, I'll be brief. My name is Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway, Miami, Florida, 33149. I'm here to provide you with our official statement, as requested in City Resolution 00-320. On September 8, 2003, the Miami River Commission heard a presentation from Ms. Lucia Dougherty, Greenberg Traurig, and Mr. Larry Cohan, Brito Cohan & Associates, regarding the pending Major Use Special Permit application for the Royal Atlantic Development, located at 1001 Northwest 7th Street. The presented MUSP application included the pending land use and zoning amendments. The MRC (Miami River Commission) found the project to be consistent with the award -winning Miami River Corridor Urban Infill Plan, in that it is a mixed -use project, featuring retail spaces on the ground floor, with residential units above and a facaded parking garage. In addition, the MRC found the proposed Royal Atlantic Development to be consistent with the Miami River GreenwayAction Plan in providing a 20 foot wide publicly accessible river walk, in addition to an onroad greenway along Northwest 7th Sfreet. Therefore, the MRC unanimously recommended approval of the Royal Atlantic MUSP application and the related land use and zoning amendments. I thank you for your time. Ms. Dougherty: And in our case in chief we also have Doug Meyer, who is the owner ofJubilee Doug Meyer: Good evening. My name is Doug Meyer. I'm Vice President and Director of Development for Jubilee Community Development. The address ofJubilee is 1800 Southwest 1st Sfreet, Miami. I'm also a resident of the Spring Garden area. My home address is 976 Northwest North River Drive. Jubilee Community Development Corporation has been working five years to develop Jubilee Villas, the project that you see in front of you. This project is -- provides 30 units of affordable home ownership for low-income families in the East Little Havana area. Jubilee CDC (Community Development Corporation), as a property owner, directly across the street from the proposed development, supports this change in zoning wholeheartedly. Basically, we see the industrial zoning as a threat to the development of a good residential neighborhood. The possibilities of some of the uses of industrial zoning are not conducive to raising a family. Many times they're -- they provide excessive noise. Sometimes there are pollution issues. Many times they're running facilities that operate 24 hours a day. All of these things are detrimental to people that are living nearby, so we believe that the proposed request to change this to C-1 commercial is an appropriate reuse of the property, and we support it, and it's not just the 30 families that live there. I have tonight petitions from the people that live in Jubilee Villas. We have over 30 families that live there, and there are some 45 or 50 signatures on those petitions. We would -- we've only closed on 20 of the 30 units, so we still have one third of them to close on, so there will be additional people moving into this building. This -- also, I would point out that the City ofMiami has invested over a million dollars in this building. You all helped make this affordable for these families, so I would also urge you to protect your investment, as well as our investment in this property, and support the change in zoning that's being sought here tonight. One of the things that concerns us about this area is the fact that this large industrial building at night, number one, it's not very attractive to live across the street from, but also there's a certain crime element regarding any large vacant property at night. We believe that by converting this to a vibrant residential community, that it's going to improve the neighborhood vastly, that we're going to see people living there during the day and night. They're going to be eyes to the street. It's going to better protect the community. You know, we just feel that this is the right thing to do for this community, for these residents that live here. Chairman Teele: Thank you very much. Mr. Meyer: Thank you. City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Thank you. Mr. Meyer: I have one person from Jubilee Villas, who is a member of -- an owner there. Her name is Alicia Fabian, and she would like to make just a short statement, if that would be OK. Chairman Teele: Yes. Alicia. Mr. Meyer: And she will need a translator. Chairman Teele: Spanish or -- Mr. Meyer: Spanish. Chairman Teele: Your name and address for the record. Alicia Fabian de Jolis (as translated by Odina Suarez, Official Interpreter): 1060 7th Street. Alicia Fabian is my name. I do live in the area. I'm better interested that the Villa Apartments there is better for the transport, for the cleanliness of the place, the atmosphere will be more appropriate. That's it. Chairman Teele: Thank you very much. Thank you for coming to the City. You're welcome. This is your City Hall, and we hope you'll come back. Thank you. All right. Madam Attorney, do you have anything else? Ms. Dougherty: Not at this time. We just reserve time for rebuttal. Chairman Teele: All right. There's time being reserved. Counsel, about how long are you going to need? You can take as long as you want, just tell us how long you're going to need. Mr. Dickman: I have -- how many people are here to speak against this? So, I have a number of people who want to speak. I would say 20, 30 minutes. Chairman Teele: All right, fine. Mr. Dickman: I'll try to keep it -- Chairman Teele: Everybody is welcomed to speak. Mr. Dickman: We'll be very brief. Chairman Teele: Everyone is welcomed to speak, as long as we're not repeating. Mr. Dickman: Thank you very much. Once again, Andrew Dickman, law offices at 9111 Park Drive, in Miami Shores Florida. I'm here on behalf of Spring Garden Civic Association. I'm also a member of the American Institute of Certified Planners. I'm a board member of the American Planning Association here. I would like a point of clarification, ifI could, for just a moment. It was my understanding that the first item we're dealing with is the land use amendment, and then we would be dealing with the zoning amendment, or are we dealing with all -- with both of them at the same time? Mr. Maxwell: The item before the Commission right now is the land use change. As a matter of practice, we normally hear those items at the same time, but they would be taken up for vote separately. City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Dickman: Separately? Mr. Maxwell: Yes. Mr. Dickman: And this would be -- Chairman Teele: But both are on the agenda today. Mr. Maxwell: Yes, sir. Mr. Dickman: And this will be one presentation then, not two presentations? Chairman Teele: Well, you'll be technically entitled to two presentations, but normally, everybody comes up and says what they've got to say on both. Mr. Dickman: Understood. Ms. Dougherty: Which is what I did. I don't intend to have another presentation. Mr. Dickman: OK Chairman Teele: And you have the same flexibility. Mr. Dickman: And we want to do that. We just wanted to be clear that we didn't have to do it twice. Chairman Teele: Well, you will have to do it twice. We'll open the public hearing, but hopefully, you won't come back and say the same thing twice. Mr. Maxwell: You incorporate -- what you do is, you incorporate all of your -- Mr. Dickman: There you go. Mr. Maxwell: -- evidence into the second one. Mr. Dickman: Thank you very much. Chairman Teele: Thank you. Mr. Dickman: The second question is, you'll note that our experts were here earlier, Thorn Grafton, our Architect Planner, as well as Dr. Paul George, who was here. He's our historian, spoke on both of those items. We were instructed to maintain our conversation only to the zoning and land use, which I respected as much as we could, and -- however, I hear applicant basically presenting their application in chief on the merits of their -- the building, the MUSP, a lot of things, so I think we should be afforded the same ability to reference that, because resfricting this -- Chairman Teele: Without objection. Mr. Dickman: -- resfricting this only -- thank you very much. Chairman Teele: Although your experts did come in and talk about both, as well. Mr. Dickman: Understood. City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: As I noted. Mr. Dickman: But -- Ms. Dougherty: I must tell you, we have not made a presentation on the Major Use Special Permit. Chairman Teele: Say again. Ms. Dougherty: We did not make a presentation on the Major Use Special Permit. We did refer to some of the elements, but I've got to tell you, there's a lot more to it, so I don't intend to, and I did cut my architect off. I will make a full presentation on the major use should we be favored with a favorable vote. Mr. Dickman: OK Thank you very much. I would like to, ifI could for a moment, just quickly cross-examine a few of the experts that presented. I would like to start basically with the -- actually, go backwards. I want to start with the architect, Mr. Cohan, I believe? Is that right, Mr. Cohan. Mr. Cohan: Yes, that's correct. Mr. Dickman: OK I have a couple of questions for you. Are you -- would you consider the Brickell Avenue sites that you referred to as City center, as a City center area, the area referred to as City center? Mr. Cohan: What do you mean by City center? Mr. Dickman: Well, let me back up. Are you familiar with Goal HO2 in the Comprehensive Plan? Mr. Cohan: No. Mr. Dickman: OK Let me read it to you. "Achieve a livable City center with a variety of urban housing types for persons of all income levels." What would you consider to be City center in Miami? Mr. Cohan: I don't know that I'm an expert on what you're asking. I can tell you that look at our -- that neighborhood, I look at the Brickell neighborhood and I do see similarities. Mr. Dickman: OK Mr. Cohan: And can tell you that really like the Brickell look. Mr. Dickman: You -- so, would you consider that to be a City center? I'm asking you as an expert architect planner. Mr. Cohan: I'm an expert on architecture. I don't know if I'm an expert on land planning. I don't know that -- Mr. Dickman: You put testimony on the record as to zoning and land use matters. Mr. Cohan: Absolutely, with the help of the zoning attorney. Mr. Dickman: But you're not an expert in zoning and planning? City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Cohan: I do not study zoning. Mr. Dickman: OK Mr. Cohan: I do study building codes. I study designs. I have my eyes and I look at things. Mr. Dickman: OK Would you consider Spring Garden the site where you propose to be City center? Mr. Cohan: I have the same answer. I don't know what you mean by City center. Mr. Dickman: You don't? You -- as a professional, you don't think that that is a City Center site? Mr. Cohan: Tell me what you mean by City Center again. Mr. Dickman: I'm asking you. You're the expert. OK. Thank you. The next, the property values individual. I'm sorry, I forgot your name. Mr. Winston: Jack Winston. Mr. Dickman: OK Mr. Wilson. Chairman Teele: Let me just do one thing. Mr. Attorney, the consultant spoke about property values. Is that a proper -- is that really a proper -- in a normal -- is that a proper discussion, the impact of a land use for -- on property values? Mr. Maxwell: Yes, sir. Chairman Teele: It is? Mr. Maxwell: Yes, sir. Chairman Teele: All right. Mr. Maxwell: By a competent expert in that field. Chairman Teele: OK, fine. Mr. Dickman: Thank you, sir. You're -- ifI could, tell me ifI'm right or wrong. You essentially concluded that the surrounding properties would be enhanced by the proposed development on this property; is that correct? Mr. Winston: That's our opinion. Mr. Dickman: That's your opinion. In doing your analysis of this, how many examples or specific sites where a large 27-story, two -towered building built near or very close to a single- family residential did you take into account in doing your study? Mr. Winston: We did not take into account specific sites as they would relate to the similarity of these two particular sites. The judgment was made based on the change of use. Mr. Dickman: So, it was strictly theoretical based on the change of use, not looking at specific hard data, where buildings were built next to residential -- single-family residential? City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Hr. Winston: Yes, that's correct. The opinion is the change of use from being across from an industrial use as opposed to being across from a residential use. Hr. Dickman: OK As -- would it be fair to say that as a principle then to change the use from residential or commercial from industrial will automatically enhance the neighborhood; is that what you're saying? Hr. Winston: Yes. Hr. Dickman: OK I have no further questions. Thank you. I would like to speak with the noise expert, please. Hr. Kinsella: Yes. I'm Gary Kinsella. Hr. Dickman: Thank you very much. In -- I think what I heard you say was that your conclusion was that the proposed development that the developer has with the buildings, that the noise being produced by current existing mechanical would be the same as the mechanical noise that will be built, is that correct? Hr. Kinsella: No. Hr. Dickman: Explain to me what -- did -- OK Did I misquote you? Hr. Kinsella: Yes. Hr. Dickman: OK Hr. Kinsella: Significantly. Hr. Dickman: OK Mr. Kinsella: I said that these structures will not emanate noise that the existing structures currently emanate. Hr. Dickman: But you were referring to the mechanical -- Hr. Kinsella: That's correct. The HOV-- Hr. Dickman: -- HOV stuff or the air conditioning stuff? Hr. Kinsella: Yeah, heating, ventilating and air conditioning. Hr. Dickman: Right, right. And did you take in -- have you ever been to Spring Garden, sir? Hr. Kinsella: Yes, I have. Hr. Dickman: You did, OK. And did you take -- Hr. Kinsella: I have photographs, and I've looked at it from both sides of the river. Hr. Dickman: Thank you very much, and -- Hr. Kinsella: And I've heard the equipment noise from the existing site -- Hr. Dickman: OK City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Kinsella: -- which I'm sure the residents there hear at night. Mr. Dickman: OK In your study, did you calculate any reverberation off of the water surface, in terms of echo studies? Mr. Kinsella: Yes, we did. Mr. Dickman: You did? Mr. Kinsella: Yes, and those studies were presented in the pictorial graphs that we showed you. It's a sound plan modeled very accurately. Mr. Dickman: OK And you took into account the echo amplification factor of the two buildings being juxtaposed on the river? Mr. Kinsella: Yes, we did, and as I mentioned in my briefing that both of those buildings are curvilinear. As a result, they defuse noise rather than reflect noise. Mr. Dickman: OK, OK. Thank you very much. Mr. Kinsella: You're welcome. Mr. Dickman: The last questions I have are for the traffic engineer. Sir, you're Mr. Ahlstedt? Mr. Ahlstedt: That's correct. Mr. Dickman: Is that correct? Thank you, sir. I have just one question for you. The intersection of Northwest 7th Street and Northwest 12th Avenue, do you know what the level of service is on that intersection? Mr. Ahlstedt: It depends on the time of day, but I believe it's "F." I could check my records. Mr. Dickman: "F"? Mr. Ahlstedt: I can check my records, if you'd like. Mr. Dickman: Could you -- Mr. Ahlstedt: "F" and "E." Mr. Dickman: "F" and "E?" Mr. Ahlstedt: Yes. Mr. Dickman: OK Mr. Ahlstedt: That's the existing intersection level of service peak hours, "F" in the morning and "E" in the afternoon. Mr. Dickman: Is there a lower classification than "F"? Mr. Ahlstedt: No, there is not. Mr. Dickman: That's the worst classification? City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Ahlstedt: That's correct. Mr. Dickman: What does "F" mean? Mr. Ahlstedt: It's basically operating unacceptable level, over capacity, if you will, if something can operate at over capacity. There's debate on that possibility. Mr. Dickman: OK Chairman Teele: What's the intersection you're asking about? Mr. Dickman: This is Northwest 7th Street and Northwest 12th Avenue. Vice Chairman Sanchez: (INAUDIBLE) the river. Mr. Ahlstedt: That's correct. South of the river. Mr. Dickman: OK, and you -- so you're stipulating that it is "F," and you're saying -- your project -- if there were another letter, would it change this letter to something worse? Mr. Ahlstedt: I don't believe that's the issue at hand, but, no, you couldn't have anything other than "F." There would not be a "G," "H, " or "I." Mr. Dickman: OK In your opinion -- are you familiar with the City's Comprehensive Plan? Mr. Ahlstedt: Yes, I am. Mr. Dickman: And what does the Comprehensive Plan say about levels of service, especially related to traffic? Mr. Ahlstedt: Level of service in the City ofMiami are based on corridor analyses. Person trips Mr. Dickman: Right. Mr. Ahlstedt: And it takes into account both mass transit and vehicular activity. Mr. Dickman: OK Mr. Ahlstedt: So that you have to look at the corridor, and the person trip capacity of the corridor as opposed to the individual level of service of the intersection. Mr. Dickman: OK, so you'll acknowledge that this -- that the comp plan has adopted certain levels of capacity? Mr. Ahlstedt: Level of service in terms of person trips. Mr. Dickman: Right. Mr. Ahlstedt: This particular site is located in the Southwest -- pardon me, Northwest 7th Avenue Corridor, and we performed an analysis of that corridor, and there's sufficient capacity within -- person trip capacity within that corridor to support development of the property. Mr. Dickman: Even though that intersection's at a level "F" now? City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Ahlstedt: That's correct, because when we talk about the intersection level of service, we're talking about the vehicular level of service, and the City, in its wisdom, I think, has adopted a person trip capacity, recognizing that government provides more than just roadways to facilitate the movement of people. Mr. Dickman: OK Are you familiar with Policy TR-1.14 in the comp plan? Mr. Ahlstedt: I probably am, but I couldn't quote it. Mr. Dickman: It says, "Issuances of permits for development and redevelopment will be contingent upon the compliance with City LOS standards." Mr. Ahlstedt: That's correct, and, again, that is based on quarter analysis, including transit facilities. Mr. Dickman: OK, and it's -- in my reading of the comp plan, it does say that "E" is the minimum level of standards that are acceptable in the traffic. Mr. Ahlstedt: Without getting into a detailed discussion of it, I would concur with you on that. Mr. Dickman: So, you would concur that "E" is the acceptable -- the minimal acceptable level? Mr. Ahlstedt: Well, if we're going to get into it, there are areas of the City that can exceed level of service "E" by certain percentages. Mr. Dickman: OK Mr. Ahlstedt: But, In general, I will accept level service "E" as a general classification. Mr. Dickman: OK, and -- Mr. Ahlstedt: And, again, that is based on person trips and not vehicular trips. Mr. Dickman: Understood. Mr. Ahlstedt: Not based on the specific intersections. It's based on a corridor analysis. Mr. Dickman: Understood. Thank you very much. Mr. Ahlstedt. Thank you. Chairman Teele: Redirect. Ms. Dougherty: Yes, sir. Could you tell us whether or not this -- there will be an impact or a significant impact on this -- either one of these roads, 7th Avenue or 12th Avenue based on this project? Mr. Ahlstedt: Speaking -- let's speak to 12th Avenue. As a -- I try to simplify things when I speak about roadways because it can get very confusing, but right now, there's about 30 vehicles per minute operating in the peak hours in one direction on 12th Avenue. With inclusion of a property -- of project traffic associated with say a 750-unit development, basically what you could build on that property with a change in the land use and zoning, it would increase by about one vehicle per minute, so it would go from 31 vehicles -- 30 vehicles per minute to 31 vehicles per minute. I suspect you wouldn't be able to readily observe the difference resulting from the proposed project. City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Regalado: Mr. Chairman, I have a question. I have a question here. What is the impact or, if not, of the repair of the 12th Avenue bridge? First of all, I've been reading FDOT ( Florida Department of Transportation) information and they're going to do it. They're going to repair the 12th Avenue bridge. Would that bridge -- would the repair be similar to your knowledge of the 2ndAvenue? I mean, it will be closed, I think, because they're going to widen the bridge, so if it will be closed, be closed for one year, two years? Do you have any knowledge of that? Mr. Ahlstedt: I'm afraid I don't have any specific knowledge, but you're probably right in terms of the time frame, butt might compare it better to say the 27th Avenue bridge, which they could keep, ifI recall correctly, half of it open at a time, as opposed to the 2nd Avenue bridge, which they closed down completely. Commissioner Regalado: All right. Mr. Ahlstedt: So, I suspect, because of the nature of the area, they'll probably do it like they did 27th Avenue. Commissioner Regalado: My other question is, when it's done, would more traffic be able to flow, because it's going to be widened? Mr. Ahlstedt: Theoretically, yes. Vice Chairman Sanchez: Since we're on -- I just have one more question for the gentleman. Is 12th Avenue and 7th the only intersection you studied? Mr. Ahlstedt: No, sir. Actually, I studied -- Vice Chairman Sanchez: Would I be correct or would you, as an expert, state that every intersection prior to going over a river, would be classified "F" in the City ofMiami? Brickell -- Mr. Ahlstedt: With the possible exception of the Humpback Bridge -- Vice Chairman Sanchez: -- 7th, 12th, 17th, 22nd, 27th. Mr. Ahlstedt: Yeah. Over the Miami River -- Vice Chairman Sanchez: Yes. Mr. Ahlstedt: -- you're probably correct. Over the Humpback Bridge into Spring Garden, no. Vice Chairman Sanchez: No. Mr. Ahlstedt: I'm being a little facetious. Ms. Dougherty: I have one more question. The current zoning, which is an industrial zoning, which would allow them to build an industrial facility at the same size as what's proposed, would that generate more traffic than what the C-1 zoning would propose with residential? Mr. Ahlstedt: The answer to that question is, it would generate approximately the same amount of traffic, whether you did 764,000 square foot of general light industry or built approximately 950 dwelling units. The difference is that the proposed project, it's not necessary that you can build 950 units that would be approved -- allowed by the zoning. Ifyou said 750 units, it would generate less traffic. The proposed residential development, at 750 dwelling units would City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 generate less traffic than the 750,000 square feet -- roughly 764,000 square feet of industrial. Vice Chairman Sanchez: All right. Mr. Dickman: Mr. Chair, cross? On that topic, when you consider the hypothetical question of traffic generation of an industrial use, which industrial use are you talking about? Mr. Ahlstedt: In this case, I'm using standard Institute of Transportation engineer rates for the classification of general light industry. Mr. Dickman: Light industry. Mr. Ahlstedt: There's no classification for marine industry, per se. Mr. Dickman: Right. Mr. Ahlstedt: And I understand, though, that there are other options that could go into that, other than light industry. Mr. Dickman: Right. Mr. Ahlstedt: Which could potentially generate significantly more traffic than the industry. Mr. Dickman: Thank you. I have one -- Chairman Teele: All right. Let's try to move this along, now. Mr. Dickman: Yes, sir. One final cross. I'd like to speak with Mr. Bibeau from the River Commission, ifI could. Sir, how are you? Mr. Bibeau: How are you? Mr. Dickman: Your agency has consistently shown up at each one of these hearings, the Zoning Board, the PAB, and now the City Commission, too, to wholeheartedly endorse this. My question is, if the applicant were to come in with a lower density, say townhouse, asking for a land use and zoning, less intense, what would you ask of them? What -- in other words -- let me rephrase this. Would you also ask them for the river walk area that you've asked this developer? Mr. Bibeau: Yes. Mr. Dickman: You would? So regardless of whether it is a tower, building, big multiple units or a low scaled density, you would still seek the same thing? Mr. Bibeau: We seek to implement the Miami River GreenwayAction Plan -- Mr. Dickman: Right. Mr. Bibeau: -- unanimously adopted by the City Commission. Mr. Dickman: OK And did the applicant show the entire project to you, the MUSP, the towers, everything? Mr. Bibeau: Yes, sir. Mr. Dickman: OK, and in your opinion, does this comport -- or -- first of all, let me ask you, do City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 you support the infill report that is on your website and all the goals and objectives that are in there? Mr. Bibeau: The Miami River Corridor Urban Infill Plan is the Miami River Commission's adopted strategic plan to improve the Miami River Corridor. Mr. Dickman: OK, and were the neighbors all notified when you had the hearing with the applicant? Mr. Bibeau: We publicly notice our meetings through the City ofMiami, Miami -Dade County, NET 9, the City ofMiami's Clerk's Office is very kind in posting our meetings with the City of Miami's publicly noticed meetings. They're publicly noticed both on the website, here in City Hall. In addition, we have an e-mail list that we add residents to, at their request, and they would receive not only the agenda for a meeting, but minutes of previous meetings. In addition to that, our website, Miami River Commission dot org has the minutes of all of our meetings, which also contain the date of the next meeting. Mr. Dickman: And are developments on the river required to come before the Commission? Mr. Bibeau: City resolution 00-320 requests the Miami River Commission to provide an advisory recommendation, a strictly advisory recommendation on any agenda item related to the Miami River. In our efforts to go with the City's request, in that regard, we did hear this item as it had three agenda items that would end up here at City Commission --the zoning change, the land use change, and the Major Use Special Permit. Mr. Dickman: OK Thank you very much. Mr. Bibeau: Thank you. Mr. Dickman: Mr. Chairman, members of the Commission, I would like to put into the record that signatures that we -- actually, my clients have collected from their neighbors and some letters, there are a total of approximately over 100 signatures. I was retained a few days ago to help them get prepared for this, so I would like to present these signatures to the Clerk. Chairman Teele: Without objection. Would you just state, are those signatures on the north side or the south side of the river, generally? Mr. Dickman: To my knowledge, those are the residents that are on the north side in Spring Garden. Vice Chairman Sanchez: All right. Mr. Dickman: OK Let me begin by -- Chairman Teele: Begin? Vice Chairman Sanchez: I thought you were almost through. Mr. Dickman: That's a testimony. Let me just state for the record that it was stated that -- by counsel that they met with the Civic Association. I would like to correct that. I was told that basically this was a meeting with the neighbors and one board member. This was not an official civic association meeting, and then after that, it was basically telephone calls and so forth. The applicants were originally on the zoning matter. They were originally denied by the Zoning Board, and then when the matter was put before them in terms of working with the neighbors, as a condition to their approval, the Zoning Board passed on a favorable recommendation. I will City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 say that we have been talking with the developers, but we have not, as we've put forward to them, that tower -- two towers on the Miami River at the size of 27 feet is just far too imposing on the neighborhood, and will create negative hazards. I do want to read into the record that the policy that was quoted by counsel about the City will continue to promote development of new high quality dense urban neighborhoods along the Miami River and central Brickell and Southeast Overtown Park is a subsection of Goal HO-2, which I quoted earlier, and it says "Achieve a livable City center - a livable City center - with a variety of urban housing types for persons of all incomes." The reason I bring that to your attention is that this policy that they're quoting as support in the comp plan for their development specifically refers to a City center. The river part that that policy, I will argue, is part of the river near the City center, as Brickell is. I will tell you that I don't think, and others here don't think, that Spring Garden is the City center. This particular development, they're saying, is part of the City center. Well, I don't think that's true, and I just want to get that into the record. I also want to state that Chapter 163.3215 gives standing to aggrieved or adversely affected parties who believe a local government has issued a development order that is inconsistent with the adopted comprehensive plan. The first -- very first goal of the land use policy says -- this is Goal L U-1 of the City future land use element -- states, maintain -- and I quote -- "Maintain a land use pattern that: 1, protects and enhances the quality of life in City residential neighborhoods." That's the very first goal of the comprehensive plan, which all development orders have to follow. There are a number of other goals that I'm going to put into that we found that are -- that show inconsistency with this development order, and I'd ask that Mr. Veber put that into -- give that to the Clerk, and also pass out these others to the members of the Commission. We believe very strongly that approving this zoning change and land use amendment on this site to allow this building -- and I'll tell you that my clients are not against redeveloping this property, and we have told the developer this, that we would come here in support of a development that would be more on the scale of town homes and five and six story buildings that would be in -- that would be consistent with their neighborhood, and we will come here with buttons and flags and wave in support of that. What we're against is that for you all to approve things that are inconsistent with the comp plans and that will have a detrimental effect on the neighborhood. What I'd like to do now is very quickly mention that -- well, let me go ahead and ask the president of the Homeowners' Association. Vice Chairman Sanchez: Counsel, before you do that, could you state the negative impact? I mean, you have not stated it. Is it the increase of property value? You have not stated yet -- Mr. Dickman: You're about to hear -- Vice Chairman Sanchez: The other side has brought out the issues -- Mr. Dickman: You're about to hear all of the negative impacts that we've also -- I don't know if you were here earlier. We had our experts come in and testify. We had a -- Dr. Paul George, our historian and our architect planner. We gave testimony earlier in the day as -- Vice Chairman Sanchez: I was here. Mr. Dickman: Thank you, and you're about to hear from our homeowners that are going to talk to you about traffic. They're going to talk to you about the shadow being cast onto the neighborhood. You're going to hear about noise. You're going to hear about the privacy intrusion. You're going to hear about the overall impact of the neighborhood based on this imposing structure, so without any further delay, I would like to introduce James Veber of the Homeowners' Association, who's going to conduct the citizens. Priscilla A. Thompson (City Clerk): Excuse me, Chairman. I'm not sure who -- Chairman Teele: All right. We need for everyone that is going to testify to please stand up, raise your right hand and be sworn again. Is that what you were going to say? City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Thompson: Yes. I didn't -- some of them weren't here earlier. Chairman Teele: Those that haven't testified already that weren't sworn, raise it, and it is retroactive. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. James Veber: I'll also say, all of these folks have filled out their appropriate forms and have submitted them to the Clerk. Hi. I'm J Veber from Spring Garden. I'm president of the Spring Garden Civic Association, and I want to underline that. We're Spring Garden. We're not Brickell Avenue, and we don't want to be. I represent the oldest suburban neighborhood in Miami. This is an oasis of greenery. The trees are taller than most of the buildings. These are family homes, townhouses, apartments, quiet, friendly streets. We've been there since 1918. Only a half a mile wide, we are very small community, and we're only several blocks in breadth, yet, we cling fiercely to our sense of identity, and that is very much dependent on what goes on in the neighborhoods adjacent to us. I want to clarify one point made by Ms. Dougherty. The meeting in July was a meeting that was called by a member of the Miami River Commission at his house. It was not a Spring Garden Association meeting. It was not official. There was no association stance, no stance taken by any of the neighbors at that time. Also, the gentleman who spoke to you about the Jubilee building lives on a houseboat. If what you do with the zoning and the land use plans have a dire effect upon the neighborhood, he can pick up his anchor and he can leave. We can't. What I'd like to ask the Commission is, if the owner of the current property has presented any evidence showing hardship based on the current land use? I haven't seen any. We were read a litany of industrial horrors, things that -- terrible things that could happen to us across the river if the land use were not changed. Well, I would like to suggest that if it ain't broke, don't fix it. Of course, if those are real possibilities that were presented to us, then it doesn't seem that there's a hardship. There's money to be made. You're well aware, more so than I, that there are development plans at the state level, and the County level, and the City level, of which the Urban Infill Miami River Corridor Plan is a part, and where is that plan right now? Somewhere in limbo. Some part of that plan is for the middle river, and what is described in that middle river portion of the Urban Infill Plan does not include the kind of project that could come about if this zoning change is implemented and this land use is changed. I think -- I've heard the argument that this may provide housing for the folks on the south side of the river. I really don't think any of those fine folks on the south side of the river will be able to afford any of those units. On the contrary, what may happen is a mass exodus of folks from those neighborhoods, as the prices of their own apartments go up to where they cannot afford to live there anymore. Gentrification. There are beautiful bungalow homes in the near vicinity to that building, on the south side of the river, and they are not protected historically as Spring Garden buildings are now. What's going to happen for them? I mean, nobody wants to come right out and say we're talking about two elephants here sitting on the living room table. What we're talking nobody wants to talk about them or notice that they're there, but when they start to move about in that neighborhood, it is going to change drastically, and I think Dr. Paul George alluded to the possible changes. It's -- we need to embrace and support that Urban Infill Plan in all of its aspects, not just the two upon which the MRC's recommendation was based, because there are many, many things in that plan that this project, this zoning change, this land use change flies in the face of. We're not going to claim that this is poor planning. Instead, I would claim that this is creative planning, fly -by -the -pants planning. In football, when it's late in the game, you send the quarterback back to drop back and throw a long pass, three things can happen and two of them are bad. I'm afraid that making these kinds of changes now are going to result in things that are not good for the neighborhood. I have some neighbors here who have come out, and been here since about 3 o'clock, and would like to speak to you about some of those issues. City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: All right. They can just come forward and continue (INAUDIBLE) and try not to repeat each other. I know many of you may have prepared some statements, and thank you for being here. Gonzalo de Ramon: No. No, thank you. My name is Gonzalo de Ramon. I live on 1040 Northwest North River Drive, and the reason I'm here is to indicate my background and my input on whatever this developer may see. I'm a senior vice president for Community Development for Bank ofAmerica. I'm a board member of the Miami -Dade Affordable Housing Advisory Board, and I'm also the new chair of the Housing Committee for the Homeless Trust, so I can tell you that we're working on agenda for the next -- Chairman Teele: Housing Committee for? Mr. de Raymon: For the Homeless Trust, and I can tell you that the new Housing Committee is being worked out in last month, we started with a first meeting with members of the City of Miami Community Development, the County Community Development Office, the Housing Agency, just to fry to implement for this summer some new RFP recording system that can help to spread the supply of -- especially in this population across the County, echo what you were saying at the beginning this afternoon. Anyway, I also was part of the Steering Committee for the Greenway on behalf of the home -- of the Trust for Public Land, and I've also been in panels of the Urban Land Institute. What I'm saying is that I've been involved in community development and housing development for many years, and I can say that the approach that this development is taking to this particular piece of land is not correlating to all those studies and commissions that has been involved. I just would like to mention just reading for the Miami River Corridor Urban Infill Plan, which has been called as being the official plan for this agenda and, you know, the Corridor Infill Plan was prepared in conjunction with the City of Miami Planning Department, the Miami -Dade County Planning Department. It was prepared by Kimberly Horn, and it also have input from the Miami River Commission and the Miami River Master Plan, the Miami River Study Commission Report, and the Miami River Commission Water Quality Improvement Plan, and it divides the river in different sections. I just want to point out the ones addressing this, the East Little Havana Corridor and some of the decisions my neighbors spread regarding the quality of their homes. One of the sections on page 25 reads, " Finally, throughout the neighborhood, consideration should be given to establishing high and FAR limits to help protect the scale and character of this neighborhood." This kind of development, it will be contrary to the recommendation of the Urban Infill Plan in ways of the height and the FAR limitations. Also, on page 27 of the same Infill Plan, it says "Both Spring Garden and East Little Havana have high commuter traffic volumes, utilizing the local roadway network." Part of the problem in Spring Garden is that the portion of North River Drive, between loth and 12th Avenues, is a local street that gets used as an arterial, and the other thing I would like to show -- page 55 of the Infill Corridor, this is the kind of development proposal that they indicate and recommend to this board in terms of the middle river prototype. What it indicates here is that the river mid -size construction on both sides of the -- and it reads "Under this condition, the greenway will be on (UNINTELLIGIBLE) to River Drive (UNINTELLIGIBLE) section." As a practical matter, there was a current location where (UNINTELLIGIBLE) businesses and historic neighborhood, such as Spring Garden, so this is a recommendation for what is called "middle river" that compress not just that neighborhood, but also East Little Havana, and as part of that new development concept, I can show you these river -run apartments. This has been proposed and it has approval from the Affordable Housing Board at the County funds. They have a couple of million dollars in order to provide mixed income housing right on the river. This is the kind of prototype of housing that will enhance the housing conditions for the residents in this particular neighborhood (UNINTELLIGIBLE) neighbor, and basically what we would like to also point out is that you cannot compare Brickell -- the Brickell area with Little Havana. Brickell has two main avenues with double roads in and out. They have Brickell Avenue and they have Miami Avenue. East Little Havana only has the North River Drive, and one of the considerations is that would like to point out that I'm very proud to be in City ofMiami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Spring Garden neighborhood. All the stories that have been presented today address our neighborhood. None of the stories have been addressed to East Little Havana. I mean, I don't want to hear, "Oh, I haven't heard, I'm sorry, that the traffic is not going to impact east Little Havana or the noise, or any other (UNINTELLIGIBLE)." I don't want to think that it's because they don't count. Probably because they don't scream out loud, and I would like to request of this board to listen to recommendations of all the boards and the citizens that have been involved with the Miami River Corridor Urban Infill Plan. The advisory board at the zoning level rejected this application at the first reading, and it was approved with some conditions, and then the Planning Advisory Board also rejected this request for variance based on whatever criteria they have, so our request would be to listen to the citizens, and listen to the advisory board, and listen to other citizens and different staff that have been involved on this Urban Infill Plan because, otherwise, you will be approving something that is against all those input and recommendations. Thank you. Chairman Teele: Now, all of you all are in opposition to this? Go right ahead, sir. Fernando Gonzalez: My name is Fernando Gonzalez. I live at 128 Northwest 18th Avenue. I live in east Little Havana for more than 30 years, and we are here with a group of neighbors. I represent the organization, East Little Havana. Chairman Teele: Now, let me just inquire. You're on the north or south side of the river? Mr. Gonzalez: I live south of the river. Chairman Teele: You're south of the river? Mr. Gonzalez: Yeah, yeah. Chairman Teele: OK. Mr. Gonzalez: Well, I live in more Little Havana since I came from my -- from Cuba in different addresses, you know, and I know Little Havana very, very well, you know. Chairman Teele: Thank you. I just wanted to make sure that we all know point of preference. Mr. Gonzalez: The reason because we are here, we have a lot of members of the -- our organization here is because we want to give fully support to the construction of the -- that building in our neighborhood. Anything that bring progress to our neighborhood, anything to bring prosperity -- Chairman Teele: Are you saying you're for it? Mr. Gonzalez: Yes, we are for it. We are for the construction of the building. Chairman Teele: OK, OK, OK. Hold on one minute. We got a little bit of a problem. We heard from the people that are for it. Now we're hearing from the people that are against it. Let's finish hearing from them, then we'll come back and reopen and hear from people that are for it. Mr. Gonzalez: Commissioner, please, I have people here waiting long time, even old lady -- can you all stand up, please? Also people have already left -- Chairman Teele: Yeah, but what I'm saying is, could we just finish with these people and then we'll hear from you, so we're not going back and forth, please? Could you just give us 10, 15 minutes, and then we'll hear from you? Is that OK? City ofMiami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Gonzalez: OK. Chairman Teele: Please. Don't go anywhere. Are you against it? Ava Barnes: I'm against. Chairman Teele: You're against. OK. Ms. Barnes: Yes. My name is Ava Barnes, and for 16 years I lived -- Chairman Teele: Your address. Ms. Barns: Oh, excuse me. My present address is 845 Northwest 9th Court, and for 16 years I lived directly across from where this property is proposed to be developed. I don't know if you had an opportunity to see these pictures, but on this one, on the lower picture, I was standing on top of that building that's across the river, the Southeast Bank building, when I took that photograph of those townhouses right across the river. That's how close we are. It's not a long distance. It's a very short distance. The picture on the top was taken from a helicopter, and it shows the parking lot of that building, and the townhouses, how chose they are. They're very, very close. I used to be awakened at night because Southeast Bank had a 24-hour operation at that building, and they -- when the shift was over, the people would come out and I could hear their conversations in my bedroom. Now, I can imagine multiplying that times 700 and something residences. It's going to be a disaster. It's going to be unlivable on our side of the river, and that's all I have to say. Thank you. Chairman Teele: Just be careful now. You know, what you don't want is industrial -- I mean, you know, this is a -- everybody needs to think this stuff through real carefully on what we're going to be saying, because the current zoning is -- Vice Chairman Sanchez: Industrial. Chairman Teele: -- industrial, so right now someone can go in and build a ship repair facility, as an example, is that -- Vice Chairman Sanchez: Twenty-four hours. Chairman Teele: -- right? And so, I think we need to be very careful in terms of what the issue is. The issue is not the development. The issue right now is the land use designation. Right now we're talking about moving from an industrial zoning to a more -- to -- Ms. Barnes: IfI may. One point I forgot. Out of that 16years that I lived there, there was one use of that property that I thought was wonderful. It was leased by the school district. There were children there in the daytime. There were school teachers and that sort of thing. At night it was quiet and everybody could sleep. It was really nice, and that was industrial zoning. Commissioner Gonzalez: Ma'am, excuse me. What did you say was your address? 845 -- Ms. Barnes: Northwest 9th Court. Commissioner Gonzalez: 9th Court. Ms. Barnes: That's around the corner. Commissioner Gonzalez: 9th Court. City ofMiami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Barnes: I'm right behind the townhouses now. Commissioner Gonzalez: Right behind the County building? Ms. Barnes: Townhouses. The townhouses that are on the river, I'm right behind that. I also own some income property that is right across a vacant lot from that property. Chairman Teele: All right. Thank you very much. Yes, ma'am. Commissioner Gonzalez: Thank you, ma'am. Matye de Ramon: Hi. Good evening. My name is Mayte de Ramon. My address is 1040 Northwest North River Drive. I am opposed to this zoning and land use change. My husband and I bought this property on the river three and a half years ago. We just remodeled it. We plan to be there for a very long time. I'm pregnant right now, and we plan to have more children, and this whole thing really makes me sad when I think about being able to go outside with my children, and thinking of the possibility that these two huge buildings of 27 stories each, all these thousands of eyes staring down on myself and my family, and our privacy, I could just say good-bye to that. Chairman Teele: Now you're on the -- so that means you're on the north side of the river? Commissioner Gonzalez: The north side of the river, right? Ms. de Ramon: Yes. Chairman Teele: See, I think this is going to be very helpful if everybody that's -- Ms. de Ramon: Yes. Chairman Teele: -- speaking will tell us if you're on the north or the south. Ms. de Ramon: On the north, and my backyard would be facing these two humungous buildings, which the proposed shape would be like this, if you haven't noticed. Chairman Teele: Right. Ms. de Ramon: When you put your hand close to your mouth and you talk, it gets really louder, so just imagine the noise that we experience now times that would be tripled. I know the noise expert spoke against that, but that's my common sense. Just look at the -- look at the photo. We are not against any residential zoning there. I know my other neighbors have said that, but we would like something that would be for a restricted height, not as big. Any other -- any other residential living there, but with some sort of restriction on the height would be absolutely acceptable for us. Six, seven stories. Chairman Teele: What's permissible now, Madam Director, under the current zoning? Ana Gelabert (Director, Planning & Zoning): Indusfrial zoning. Indusfrial is the height on the -- Chairman Teele: What is permissible now in terms of height under the current zoning? Ms. Gelabert: Is it 120? 120, 120 feet. Chairman Teele: Roughly how many stories? City ofMiami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Gelabert: I'm sorry, roughly 12 stories. Ms. de Ramon: 12 stories is less than -- way less than 27 stories. Chairman Teele: And a whole lot more than the six or eight that you want. Ms. de Ramon: That's fine, that's fine. I mean, when you look at what we have to deal with, we know that we have to support some type of residential living there, but 27 stories, when there's nothing there right now, I mean, you know, it's just so -- such a huge, gantic (sic) difference. I mean, there has to be some type of gradual move there. Chairman Teele: All right. Ms. de Ramon: Anyway, thank you very much for listening. Chairman Teele: Thank you for coming down. Yes, ma'am. Gioia de Carlo: Gioia de Carlo, 828 Northwest 9th Court. I live in Spring Garden, which is on the north side of the River, and I am behind the Snug Harbor Town Homes, which would directly face this project. I am against the change of zoning, especially when it is being done as part of a presentation for a particular project such as this. I think the developer, through one of its speakers, testified aptly when they said that -- and it was Mr. Mayers or Moyers, whatever his name is, with Jubilee. He said that the surrounding neighborhood on the south side needed some help, and that he recognized that some possibilities of industrial uses could be detrimental, which necessarily means some possibilities of industrial would not be detrimental, and in the same vein, some possibilities of a mixed use project -- retail office/residential -- could be detrimental, and this is one such example. It's way too tall. It's way too imposing. I submit that people in Snug Harbor, when they're on the deck, would have to have their heads all the way back to see the top, and that's how many lights would be looking down on them potentially 24 hours a day, because people are living there. Now, if the unhappy choice is a potential ten -story industrial and 27-story residential, and the indusfrial operates during the day, and the residential and office is all night long, I would go for the indusfrial. IfI had Merrill Stevens living -- operating across from me on the river, I would -- that's fine. The school is fine. I could think of many industrial options that would be fine, and it would only be ten stories, so I don't think that it should be changed simply because it's a mixed use. You know, it's being packaged and sold, because it's mixed use project. It's residential/office/retail. In any form, that's not acceptable. That's not just blanket acceptable simply because it's that, and I think that to change it for this particular project would be a mistake, and I request very sincerely that you deny this zoning change at this point when this is our threat. Thank you so much. Chairman Teele: Thank you for being here. Yes, sir. Ms. de Carlo: Oh, I have one more thing. Their traffic expert obviously has never been on 12th Avenue or in our neighborhood during an Orange Bowl football game. Chairman Teele: Ladies and gentlemen, may I please remind you that we would appreciate it if you would refrain from expressing after each speaker, please. Sean Calpini: Yeah, thank you. Sean Calpini. I live in Spring Garden, north side of the river, 1000 Northwest North River Drive. I've been heartened and disappointed at various times during the day, because I hear one thing that sounds so great in favor of what we're proposing, and some things that sound so intimidating, because you see all the experts that come from the other side, butt was heartened by Mr. Sanchez' comments, and also by the number of historical use problems that are going on in this City, that we're frying to preserve the character of this City ofMiami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 City and the buildings. Well, we're talking about a neighborhood of a couple of hundred buildings, many of which are historic -- obviously, it's a historic home disfrict, and Mr. Sanchez had said that, you know -- oh, the Onyx Project that came up -- that he was appreciative of the -- I think it was called the Onyx Project, a little building they brought up -- that it was, you know, protecting our bay and that it was trying to preserve the view corridor or something of the people that wouldn't be living in that building, and I'd like to say that -- also, he said that concrete is not the way to go. Well, I agree. I agree. Spring Garden is a treasure chest of historic homes that should be preserved. Now, I understand that the building isn't being built in Spring Garden. It's building across from Spring Garden, but the impact on that neighborhood -- the river is the only thing that divides us, and -- I lost my train of thought. I lost my frain of thought. Anyway, I just want to say that we're trying to -- we're here to preserve what we believe is a historic home district. It's the only -- oh, I know what it was -- this is the only historic home disfrict in the area -- not in the City but in the area, and it's the only one on the river, and most likely, the only one that will ever be there. This is a chance to maybe change -- maybe change the zoning at some point, but with the restriction of what can be built there that blends in more readily with the rest of the neighborhood. Chairman Teele: Thank you very much. Did you have any more? Mr. Calpini: I had a few more comments. Chairman Teele: Please go right ahead. Mr. Calpini: I just want to -- there was a quote by Beth Dunlop, and she's the architectural editor for Miami Herald, and she quoted Alfred North Whitehead. "The art of progress is to preserve order amid change and preserve change amid order." I think that this project, in and of itself, is not inherently bad. It's bad for this neighborhood. It will increase the traffic, undeniably, because there would be more traffic there. It will increase the noise that this neighborhood has to endure. It will increase the light pollution, undeniably. The shadow that will be imposed upon the neighborhood a couple months a year at least will be imposing. This City does not have to sell its soul anymore to get good developments to come into our area. We are too good for that to just give up what we -- you know, we're so desperate to get development, we just roll over and play dead for anybody who comes along with a project. You could sell that property for a thousand dollars and put tents on it and make a profit. There is a development that could be put on that project that would meet the use and the needs of all the people in the community, and preserve the character of this City. It's out there, and someone will do it, because the river is where everybody wants to be, and this is not the -- this is not the place for it, and I ask Mr. Sanchez, Mr. Gonzalez, Mr. Teele and Mr. Regalado to vote against this. Thank you. Chairman Teele: All right. Now, we're beginning to hear repeats. We've talked about traffic, we've talked about sound, so do we have some other issues? Please feel free to come forward. Yes, ma'am, thank you. Esther de Varona: Yes. My name is Esther de Varona. I live at 1028 Northwest North River Drive, and I'm here to speak about the complete dynamic of the middle river, which would change if a project such as the one that we're speaking of is built in that part of the river. The devastating irreversible impact that a project of that height will have on the overall character and charm of this part of the river as proposed, it will permanently alter the essence and unique character of this portion of the river on both sides, on both banks of the river. It was said that the river was a buffer. It certainly is not a buffer for me. I live, you know, in a townhouse on the north side that abuts on the river. It is right up to the river. I have a nice deck, and I'm able to view the river up and down the river because of a natural bend that occurs there, but that's -- the enchantment of that portion of the river is that, because it creates a separate view corridor along this section, we often see tour boats and families, you know, in their pleasure boats going down City ofMiami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 the river, and their eyes, you know, twinkle when they see -- they're surprised of the change in this section of the river, because they've -- they're riding up river, and they have just left the City, and they're seeing the apartments there and the beautiful buildings there, and then the river turns as you go under the 5th Avenue Bridge, and low and behold, here is this canopied neighborhood. To say that placing something -- and, you know, it's a large property, and, in fact, because the river turns, there's a point that you're passing next to the side of the property in question, and you ride around. On the north side, you're seeing, you know, private homes, townhouses that come right up to the river. We do not have a buffer, like a big acreage with trees or anything of that nature. We have a nice deck, and we're there on the river, and we are going to look across and see these two towers. They are -- I don't see -- you know, unfortunately, it's very sad that -- Do we have to pick between these two evils? That's why we don't want this to occur right now, because of no limits. It's not that we don't want residential. We love, you know, residential. I think that we've made -- we've made that clear, and I firmly believe that maintaining this part of the river and the legacy of keeping the flavor that this -- you know, the essence of the river in this section will be just the same legacy as maintaining the art deco district in South Beach. I mean, people come down the river and visit, and this is a unique section of the river. That will not be unique anymore, because if I'm on -- you know, if I'm looking and I see such a contrast, such an -- it's just not balanced. Thank you. Chairman Teele: Thank you very much. Yes, ma'am. Judith Gray: Hello. My name is Judith Gray. I live at 1036 Northwest North River Drive. I'm in the Spring Garden neighborhood on the north side of the river. My home is directly across the street or the river -- excuse me -- from the proposed rezoning plat of land. I live in that donut hole of greenery in the nearby downtown Miami area. We are not an R-3 neighborhood, as characterized by the opposing counsel, but we are a neighborhood of single-family dwellings with some town homes. There is a thin strip ofR-3 zoning right along the river, which is completely occupied by single-family dwellings, and two-story town homes. The proposed rezoning will -- and land use changes will allow development that will overwhelm the adjacent neighborhoods, including Spring Garden, and there is nothing in the middle river that even comes close to the height allowed by this proposed change. I'd like to address a personal issue, which is the view from my property. The proposed zoning and land use change will allow the size of development that will block both the sun and the sky from the residents across the river in historic Spring Garden. Right now, my neighbors and I have the ability to sit outside and enjoy the beautiful middle river. The views from our decks and docks include the big sky and sun, weather moving through, and at night, lovely distant view of the lights in Miami. Structures that would be allowed under these changes will eliminate most of our views, except immediately up and down the access of the river and, of course, the views of whatever overwhelming structures would be allowed under a C-1 zoning. Our homes would be in the shadow of these buildings, the sun blocked for part of the day, especially in the winter, when we spend much of our time outside on the docks and decks along the river. The scale, unbalanced, of a project that would be allowed by this, by the proposed changes is inappropriate for this neighborhood, since there is nothing nearby that's even close to this proposed height. I fully endorse development ofMiami as a world class City that celebrates its river. The proposed changes would just allow any -- a development that it too high. I agree that the area along Northwest 7th Street needs improvement. Marine industrial, Special District 4 issues have been presented to us as potential commercial uses of this property. It's my understanding that the height allowed under this would be 120 feet, and I maintain personally that a commercial development, with its environmental and noise constraints is preferable to the height of a development that would be allowed under a C-1 designation only 150 feet from my back door. I would endorse, and enthusiastically, a rezoning to some kind of residential community with a much lower height restriction. An R-3, something with a 50-foot height limitation, something on that order that's consistent with the surrounding area would enhance both neighborhoods on both sides of the neighborhood. My neighbors and I are fighting for the quality of life afforded to us as residents of Spring Garden. It's a jewel near downtown Miami, and I would ask you that you please do not ruin this lovely City ofMiami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 part of the Spring Garden neighborhood. Once a historic district loses its character, it cannot be reclaimed. The historic river -- the historic neighborhood designation ends at the river. However, the character of the historic neighborhood extends beyond its boundaries. We have what everybody wants. We have a vibrant, involved community of single-family homes with lots of green space in a location near downtown jobs and services. I am pleading with you to help us enhance this area, and not overwhelm it by rezoning that would allow heights of buildings that would completely dominate our landscape. Please help us maintain the character of the middle river and Spring Garden neighborhood. Thank you. Chairman Teele: Thank you for your thoughtful testimony. Yes, ma'am. Erica Hartman: Hi. My name is Erica Hartman. My address is 900 Northwest 7th Street Road. I wanted to share a personal story with you. I bought the home at this location about seven months ago in Spring Garden, and I'm pleased to be able to be living there in the very future, as soon as I finish the renovation to my home. I presently live in Fort Lauderdale, and one of the reasons that I'm moving is because of the fact -- I live on Inter Coastal Drive. All kinds of developments have come up across the river. There's a big difference between those developments that are eight and ten stories and those that are 30 stories. There are areas just north of Las Olas that are the newer buildings on the middle river on the west side of the Inter Coastal on AIA, and they really look out of character. The developments that are done tastefully, eight and ten stories, preserve the neighborhoods and really allow for development. Thank you very much. Chairman Teele: When are you going to be physically coming down here? Ms. Hartman: That's a great question. I hope it's going to be in about four months. Chairman Teele: OK. Well, we look forward to you becoming another taxpayer and citizen here Ms. Hartman: I'm a taxpayer now. Chairman Teele: Well you -- that's true. Ms. Hartman: Thank you very much, Chairman. Chairman Teele: Thank you. Riccardo Solchi: Good evening. My name is Riccardo Solchi, and I live at 1032 Northwest North River Drive, which is -- Chairman Teele: No, you have to speak from there. Mr. Solchi: It's exactly in front of the proposed project, which is -- which I am against. It's one of these townhouses. I would like to speak as a homeowner that is against the project because of the privacy that would be lost, and my house would be basically 80 feet, which is the river width, and then another 40 feet, as we heard from the developer, between the edge of the property and their first building, so basically, I would be looking, instead of you know, the skyline, the skyline ofMiami, in front of me is the neighborhood, Little Havana, which is only two stories tall building. I would be looking, you know, up above 700 units looking under me. In the north river side of the river, it means that the building are on the south part, which has the sun, and so the sun would be behind this building, and so shadows would be on our property all day long. I also would like to point out that it doesn't convince me, the noise evaluation. Because of the position of the building, the airplanes do not fly at 5, 000 feet on my estimate above the river at that point, because the airport is so close, they don't reach 5, 000 feet above it, and we have the reflection of City ofMiami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 two noise -- the airplane that pass there and the highway, which there at the bridge at 27th Avenue is very high, and you can hear the highway already now and will be reflected, the noise. I also would like to make a comment as a journalist, a foreign journalist. I wrote an extensive business report on Miami in 1995, and then I moved to Miami, and I bought my house in Spring Garden, because I thought Spring Garden was a very unique community that worked to be called a community. It was a few blocks of people that enjoined -- not obligated -- enjoined to be in a residential neighborhood between Overtown and Little Havana, with no intention of closing themselves inside to evaluate the dollar property of their property, and so I think it's a very particular part ofMiami that should be preserved. I invite you to ride along the river, and take a boat and see the difference that there is between that area of Spring Garden, the history through the vegetation, because to me, as an Italian, when we talk about historic district, it can be a little bit funny, but actually, that's the history that you have. It's the only history district that is left in the City ofMiami, and then you navigate along downtown and you see the development of any downtown American City, and you can appreciate one more time a residential area that has not sold itself to the dollar value and to the developer. I mean, what kind of advantage would have the residents of Little Havana in their property with such a big development next to them? Maybe the landlord that live in New York and rent them out, the buildings, probably, but not the residents. Chairman Teele: All right. Mr. Solchi: I think a lot -- a small-scale project, residential or for me it's fine also commercial, because the privacy will be preserved over the weekend. It will be preserved at night. If -- I ask you to just take a look at it as a City value, Spring Garden. Chairman Teele: Thank you very much. Mr. Solchi: Walk through it and navigate in front of it. Chairman Teele: Thank you. Mr. Solchi: Thanks. Chairman Teele: Yes, ma'am. No, you're next. You need to pull the mike there, please. Ellen Mowkus: My home is at 1024 Northwest North River Drive. My name is Ellen Mowkus. I'm a physician. I'm retired from the University ofMiami School of Nursing. I was born and raised in Miami two blocks north of the Miami River at 15th Avenue. A major problem with the proposed development is its location. The plan is to build a 744-unit complex on the south side of the river at about 10th Avenue. Included are two 27-story towers, which will conspicuously stand about at least 20 stories above the homes and tree canopy on both sides of the river. They'll be way up there. Miami has been a metropolis -- it's become one. It attracts many tourists, especially from South America. I visualize a City to consist of a central commercial zone surrounded by housing for those who work in Miami, and further out, again commercial. The Miami River is our proud possession to be enjoyed by both neighbors and visitors. This is, of course, a working group. Spring Garden has 200 single-family homes, and four multi family condominiums two to three stories high. Several of us have small motorboats, sailboats. We've established two riverside parks. We have parking decals and strive to reserve our tall trees. We are involved in developing the Miami River Greenway, and we have lots of tax bucks. I believe that a senior neighborhood should be established at 1001 Northwest 7th Street. That property should be neither SD-4 waterfront industrial or C-1 restricted commercial, but a low -density, multi family resident area. Our worthy opponent will tell me that this is not practical. Can she deny that it would be in the best interest of the City ofMiami in the long run? Thank you. Chairman Teele: Thank you so very much for taking the time. Thank you very much for coming City ofMiami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 down. Ms. Mowkus: Thank you, sir. Chairman Teele: Yes, sir. Rick Veber: Hi. I'm Rick Veber. I live at 1024 Northwest North River Drive. I live right across the river from the site. The site where the zoning change is to be made is in the school districts of Riverside Elementary and Jose de Diego Middle School. I have a data report here that Riverside is currently at 118 percent design capacity, and with the proposed 744 units, it would be 135 percent, 35 percent above the capacity that it was designed for, and the middle school would jump from 111 percent to 118 percent. There are no buildings within a quarter mile -- maybe with the exception of the Travel Lodge, which is nine stories high -- within that property. Most of them are 50 feet. Even across the street, where C-1 -- across 7th Street. Nothing is taller than 50 feet. I haven't got the zoning map for south of 7th Street. Here we have a C-1 as a Winn -Dixie that's about 50 feet high, I guess. No, that's probably 35 feet high, maybe. Chairman Teele: I can't -- we can't hear you. Mr. Veber: We got R-4 over on Northwest 7th Street. That's about 14 stories high, approximately. Nothing approaches the height of and the scale of what they're proposing for that property. Of course, if you want an R-3 or maybe -- maybe a C-2 we could live with, but beyond that, it's ridiculous. It's bad enough the property to the south is zoned C-1. This doesn't need to be C-1. This property -- if something 27 stories high is built, it will put the sun behind the buildings between 2:30 and 4: 30 p.m. on my dock. Thank you. Michael Cox: Thank you, Commissioners. Michael Cox, 828 Northwest 9th Avenue. These are two luxury high-rise towers. These are not going to serve the residents of Commissioner Teele's district, nor the residents of Commissioner Sanchez' district. These are luxury towers. I think some of the residents here have been sold to -- coming from East Little Havana -- may have been sold a bill of goods by the developer. This is not working class housing for current residents of the City ofMiami, andl ask you to oppose it. Thank you. Chairman Teele: Thank you. All right. Mr. Dickman: Thank you, Commissioners. I appreciate your indulgence. This is obviously a very important project that will have long-term effects on the river. I want to close by reminding you that your Planning and your Zoning Board itself actually denied the zoning change originally, when it first came, and then immediately, they passed another motion to approve this only when there were conditions attached to it that they work with the neighbors. It was denied and then only approved after conditions were attached to the motion that they, the developers, work with the neighbors, and that's because they heard the concerns. The PAB (Planning Advisory Board) itself has denied the MUSP (major use special permit) application, based on the merits of the project, because of the same reasons that we have put forward tonight, so I ask you to carefully consider your own advisory boards, the conditions and what's going on. This project is driven by the MUSP. I would also conclude by saying that even as early as last night, your own Planning Advisory Board passed a temporary moratorium on Biscayne Boulevard for the very same reasons. People are afraid of the heights next to single-family residential. You will be hearing that, and it will be coming. These are Morningside folks, all along Biscayne Boulevard, for the same reason. High, very tall buildings do not go against single-family homes. I ask you to very carefully consider that, and I would like to put in the record our architect's report. I will give a copy to opposing counsel, and I also want to put into the record a resolution from the civic association in Spring Garden that opposes this, and I thank you once again for your indulgence. City ofMiami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Thank you very much. Now, that's all we're going to hear from the opposition at this point. Counsel, you will have the right to say something else once we reopen this for the people to come back that have something to say that are in support of it. Mr. Dickman: I appreciate it. Chairman Teele: So what I'd like to do at this point is reopen the hearing for those persons. The gentleman -- I apologize to you, sir, and the people that you're here for, and please take your time to say whatever you'd like to say. Thank you for being so patient. Fernando Gonzalez: Thank you, Commissioners. Our position is in favor of the building. We, as of two years ago -- Chairman Teele: Give us your address again for the record. Mr. Gonzalez: 128 Northwest 18th Avenue. It's in favor of the buildings, and two years ago, we start joining the community, working hand to hand against to the crime in the area with the police department and with the neighbors that had the will to do that kind of -- that type of work in our neighborhood. That part of the neighborhood where the towers supposed to be built, at this time, it's a very hot area with the crime at night, and very ugly, looks to us, you know, very ugly place, so the building represents jobs in the area. Also, a good people who going to live over there, good neighbors is going to change the look of the area. That's why we support the construction of the building, and any project to come into our area. East Little Havana for years -- and everybody knows that -- we don't have new buildings. Right now, there's some construction on the area, but years before, for many years, we don't have that type of improvement in our area, so this time, we cannot lose the -- we are not going to lose the chance. Please, Commissioners, consider this, and benefit of the entire neighborhood. One little part of the East Little Havana doesn't represent the whole Little Havana. The whole Little Havana has 60, 000 families living in poverty in the area, and they try to -- we fry to have a better neighborhood, and we deserve to have a better neighborhood. We have people here in favor of this -- please stand up -- in favor of this, in favor of the consfruction of the building, and as I telling you, one gate in a neighborhood is easy to close to avoid the crime, but the entire neighborhood is really open to everybody. The new consfruction in our neighborhood is going to improve, going to improve our neighborhood. More money is going to come into the area, and I don't think because of the noise -- the noise what we hear right now in that part of the -- is the police car, you know, running behind the criminals in that area right now. Chairman Teele: All right. Mr. Gonzalez: So please consider to approve the construction. Chairman Teele: Thank you again, and thank you for being patient with us this evening. No, no, no. No applause. Gladys Fernandez (As translated by Ondina Suarez, official Spanish interpreter): Good evening. Happy New Year for everybody. Chairman Teele: My name -- Ms. Fernandez: My name is Gladys Fernandez, and my position here is with Neighbors in Action. We've been for a long time fighting -- Chairman Teele: We need her address for the record. Ms. Fernandez: 853 Northwest 3rd Street, Apartment 2, Miami, Florida, 33128. Our City ofMiami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 organization is voluntary. It's a non-profit, Neighbors in Action. We are here backing up a decision of you of any construction of buildings, very important buildings. Very beautiful they will make the area. I like the area a lot, but it needs a lot of work and a lot of cleanup. We need it in order to raise the properties. I know the people who live in the area give -- how do you say? -- the option to the City and to the community. Chairman Teele: Thank you. Ms. Fernandez: Have a good evening, and a happy year to everyone. Chairman Teele: Thank you very much. All right. Doug, now, hold it, you know -- Unidentified Speaker: He's already spoken. Doug Meyer: No, I spoke as a representative ofJubilee. I'd like to be able to speak as a person that lives in Spring Garden. No? OK. Chairman Teele: You spoke as both, and you were very clear when you got up and you said that. I mean, you know. James Nolan: Chairman Teele, Commissioners -- Chairman Teele: Although you do live in my district, don't you? You do get to vote for or against me, don't you? If you'd like to speak, you can come on up. Mr. Nolan: Good evening. I'll move to your district, sir. My name is James Nolan and I live at 6190 Southwest 102 Sfreet, which is in Pinecrest, which is in neither one of these neighborhoods, so I kind of have a different perspective. For the past 23 years, I have served as a director and officer of United Trust Fund, having our headquarters office in the City ofMiami. More specifically, for the past 15 years, our offices have been at 701 Brickell Avenue, overlooking Brickell Key, formerly known as Claughton Island; Biscayne Bay; the Central Business District of downtown Miami; the Brickell Avenue Bridge and the Miami River. Additionally, for the past several years, I've served as a real estate advisor and consultant to the owners of the Miami River Center at 1001 Northwest 7th Sfreet, the property which is the subject of this request of the applicant, Royal Atlantic Developers. I am here this evening to speak in favor of this item and to offer the City Commission my background in this project, as well as my background as an independent business owner with offices in downtown Miami. When our company first located at 701 Brickell Avenue, then known as the Barnett Bank Building, our view of Brickell Key included one high-rise residential condominium and one failed and vacated multi family project. Today, Brickell Key is the home of one of the world's most famous hotel chains, the Mandarin Oriental, the headquarters of one of Miami's most prestigious internationally known companies Courvoisier, and provides multi family housing, both rental and ownership to several thousand individuals who call Miami their home. Looking east from my office, I see an ever -changing skyline of the Central Business District, the American Airlines Arena, Bayside Marketplace, Miami -Dade Community College, the new Performing Arts Center, the new Miami, and I am indeed proud of the direction and quality of the growth we're enjoying within the Central Business District. I am also very excited about the changing nature of the Brickell area and the remaking of the Brickell downtown into a fabulous living, working environment, with new retail and consumer services to attract our residents to move back to the center City. Just as an aside, my nephew, a recent college graduate, formerly living in West Kendall just moved into a new apartment building in the Brickell area, primarily because of the goods and services and convenience of living in downtown Miami. This was virtually non-existent just five years ago. As this Commission most assuredly recognizes, this is not an isolated situation, but it's been happening in great numbers every day, to the benefit of our life and life styles, reducing traffic on the community's already overburdened infrastructure and roadways. All of this serves as City ofMiami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 background to the fantastic opportunities that we have also been provided by the Miami River. The Miami River Commission, the Trust for Public Lands and the City ofMiami have a shared vision, and collectively, they have shared an exciting overview for the restoration and the redevelopment of the Miami River. This proposal fits within the vision that the City ofMiami has expressed desire. Most importantly, it will serve as an anchor project for the Miami River west of the 5th Street Bridge. For the past several years, I have been assisting the property owners in creating uses for this property without investing new capital and focusing mainly on opportunities that fall within the present zoning classification of waterfront indusfrial. Some of the proposals we considered for this property which are permitted were a dredging base for supplies, dredges and barges, a major ship engine repair facility, a fruit packing and preserving facility, and a lumber storage and distribution facility for imported lumber from South America, just to name a few. The property which is now more than 50 years old has an interesting history, and is being used as a temporary Dade County Public School facility, a bank operations center, a newspaper printing and paper supply facility, and most recently, as vacant storage to the owners of their businesses. The improvements, which are aged and appreciated, continue to have substantial worth for industrial uses, but that clearly is not the plan or the vision for this area of the Miami River. This property and the indusfrial uses of this area of the Miami River have changed, as has the skyline of downtown Miami. The project contemplated by the applicant will not only add more than one hundred million dollars of additional property value to the City ofMiami, but it is squarely within the vision that this City has proposed for the redevelopment of the Miami River. I hope this Commission will approve this item and continue to provide the leadership and vision which will provide Miami with an in town life style of working, shopping, dining and cultural activities, enhancing the urban experience desired by our citizens. I thank you for this opportunity to share my experiences with you this evening. Chairman Teele: Thank you very much. Counsel, did you have something you wanted to redirect? Mr. Dickman: I'd like to ask the gentleman a question ifI could. Chairman Teele: No, he's not here appearing as an expert. He's -- Mr. Dickman: That's what I wanted to find out. Is he -- I was unclear what his relationship was with the project. Chairman Teele: Well, I'm not sure, either. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Teele: Yes. Mr. Maxwell: I would suggest that you allow him to ask the question. Chairman Teele: Oh, it's so late. Vice Chairman Sanchez: Overruled. Mr. Nolan: Yes, Mr. Dickman. Mr. Dickman: What is your relationship with this project? Mr. Nolan: I am the consultant for the current owners of the project. Mr. Dickman: OK City ofMiami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Nolan: I'm also a Miami businessman and a licensed real estate broker. Mr. Nolan: So you're here as part of the development team? Mr. Nolan: No. I'm here as a Miami businessman. Mr. Dickman: OK Mr. Nolan: Speaking in favor of this project. Mr. Dickman: Are you being paid to come here to speak? Mr. Nolan: No, I'm not. Mr. Dickman: Would you -- one other question. Would you consider this property to be in the City's center? Mr. Nolan: As it's defined, yes, I would. Mr. Dickman: You would. Mr. Nolan: Yes. Mr. Dickman: OK Thank you. Chairman Teele: All right. Do you have anything else, counsel? Mr. Dickman: No, thanks. Chairman Teele: All right, that's it. I'm sorry, sir. We opened this up -- we opened this up for the community to make statements. We had a public hearing on this. Now, counsel has an opportunity at this point to do summation and closing. If she wants to bring you up and -- as a part of her summation and closing, then fine, so counsel, it's your show. Madam Attorney, it's your show. We have heard from the proponents of this, OK? We closed that, right? Then we heard from the opponents. We closed that. Then there was someone who was not heard, and they wanted to be heard. Then we, as a courtesy, reopened that portion of it, but this could go on all night. If three people show up from Spring Garden, I'm going to have to open it up again ifI start opening up the public hearing. Ms. Dougherty: I understand. My understanding was that you closed the case in chief in both cases, and then you were going to open up to the public on both sides. I didn't understand that that was your intent. Chairman Teele: Well, he will be able to come -- if you want to bring him up, fine, is what I'm saying, or he can come up on the next item, because it's as a companion item, and he can come and talk for 20 minutes at that time, but what I'm trying to have is a little bit of decorum so that we can bring this to some closure. Ms. Dougherty: Well, let's let him talk now, and the I'll close and we're going to close on both items. Chairman Teele: All right. Bring him up. This case started, by the way, at what time? 4:30, 3: 30? No, 3:30. See, that's part of the problem. We started this case at 3:30, when we heard from the professionals on the opposition. Welcome, sir. City ofMiami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Robert Brannan: OK. Thank you. My name is Robert Brannan. I'm with the law firm of Rose, Sundstrom and Bentley, 2548 Blairstone Pines Drive, Tallahassee, Florida, and we represent the current owners of the property. We are here to speak in favor of the proposed changes. Chairman Teele: Well, why didn't you say you were my hometown boy? Mr. Brannan: I didn't get a chance to get up here. Chairman Teele: Folks from Tallahassee have special rights down here. Mr. Brannan: All right. Chairman Teele: Welcome. You're staying in one of our hotels in the City, though, right? Mr. Brannan: You bet. Chairman Teele: OK. Mr. Brannan: OK. We're here to speak in favor of the proposed changes to the land use and zoning. We feel that the proposed changes will benefit the surrounding area in Little Havana, and have a more beneficial impact than alternative uses that are presently allowed under the current rules. Several of the uses that have been proposed for the property recently and on a daily basis operate 24 hours a day, seven days a week, and would provide much more noise and traffic than would be currently available under the proposed changes. The proposed changes in the project as designed will promote the goals and visions of the Miami River Commission Greenway Project and the Urban Infill Plan. Specifically, the changes will begin the revitalization of Little Havana. It'll provide a place for people to live, work, dine and stroll along the river's promenade. The proposed changes in the project will also serve to protect and enhance the people's right-of-way to the river. They'll increase and improve neighborhood pedestrian traffic. OK. My clients are contacted on a daily basis by entities that want to develop the site consistent with the current land use and zoning. We feel some of these projects would be less favorably received by the neighbors and the neighborhoods. They're expressing their displeasure tonight. Some of those projects that have been proposed recently include dredging and container operations that operate -- both of those projects operate 24 hours a day, seven days a week. As you've heard, the proposed changes comply with the comp plan. The Miami River Commission has found the proposed changes in the project will conform with the Urban Infill Plan. The Urban Infill Plan describes the successful redevelopment of this particular parcel as critical to the success of the surrounding area in Little Havana. I ask that you vote in favor of the proposed land use and zoning changes and ultimately for the project. Thank you very much. Commissioner Gonzalez: Excuse me, sir. May I ask a question? Mr. Brannan: Yes, sir. Commissioner Gonzalez: Did you mention as an alternative of the proposal they have received a container yard operation? Mr. Brannan: We have been contacted, and have been in talks with container operations. Commissioner Gonzalez: For 24 hours operation, seven days a week? Mr. Brannan: They unload and the (rucks come in to take things away. Vice Chairman Sanchez: They'll never see it. City ofMiami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Brannan: Yes. Commissioner Gonzalez: All right. Thank you. Mr. Brannan: And the dredging operation for the dredging of the Miami River during the daytime, I've been explained that they unload the dredging barges onto the site. The trucks that take that away after it's been dewatered operate only in the evening. Commissioner Gonzalez: Thank you. Chairman Teele: That's going to be a -- that's a stinky operation, too. Mr. Brannan: Mount stinky. Chairman Teele: By the way, do you know your new Mayor up there, John Marks? Mr. Brannan: Yes, I do. Chairman Teele: Well, you know, he's a resident. He grew up in Miami, so please give him our regards, and tell him we treated you kindly. Mr. Brannan: OK. I will, sir. Thank you. Chairman Teele: Thank you. Ms. Dougherty: I think my friend from Tallahassee just gave my closing argument, so I'm going to be very brief and raise two issues. One is that this development or a development such as this -- and remember, we're not dealing with a major use special permit, so all of the discussion that you heard about what the height is, is really irrelevant for this purpose. The only issue today is whether or not you change the zoning from industrial to restricted commercial, allowing for residential, as well as a little commercial on 7th Street, but this property, as rezoned, will bring in three point four million dollars in taxes a year, as opposed to its current taxes, which is four hundred thousand dollars, and I would only urge that you listen to the folks who are most directly affected, those people who live directly across the street in units that are single-family units, directly across the street, who are supportive of this project, and we urge your approval. Thank you. Chairman Teele: All right. Is there anyone else that has to speak on this, or has a right to? The public hearing is closed. The Commissioner whose district this is, is Commissioner Sanchez. Did you want to make a motion or a comment? Vice Chairman Sanchez: I want to make some comments. I just can't make a motion on this issue, but let me just state for the record what we're here for. I mean, we have to stay focused within the box. The reason why we're here is it's a request to amend the ordinance from industrial to restricted commercial, to change the future land use designation of the Miami Comprehensive Neighborhood Plan. That's all that we're doing here, so we're not going to talk about density, height. You will have another day to fight that issue. Chairman Teele: Isn't that coming up right after this? Vice Chairman Sanchez: No. Let me just state -- I want to be very sensitive, because I think that, you know, our community is made by great neighborhoods, and Spring Garden is really a great neighborhood. It is one of our hidden treasures in our City. As one gentleman stated, it's an oasis. I agree with you, but let me just tell you something. On the other side of the river, or City ofMiami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 as they say, on the other side of the track, there is also a neighborhood called Riverside. They gasp for redevelopment and development, and we have to take that into -- I -- everyone who came up here and spoke said it very clearly. I'm not against development, OK? You're out looking to protect your interest and your homes, but on the other side, everyone who lives along the north side of the river had to take into consideration that one day in the future, development would come, and there would be development across the river, OK? Maybe not a 34-story or a 27-story, or three towers, or two towers, or one tower, but you had to take into consideration that one day, development would come. When I bought my property with my wife, we shopped around and we selected a site where we didn't have to worry about living next to a corridor where a building could pop up, as long as it was within the scope of law. Under the scope of law -- and I have not seen the MUSP yet. It's not been presented to me, but I could tell you that the land use is proper, and that is all that is in front of us today to approve the changing, so having stated that, and on the other side, the land change is compatible. In other words, they're not going to put a strip joint, or they're not going to put shipping, a 24-hour container. That would be -- you know, it could -- be careful what you ask for, because you might get it. That is an industrial site where you could have a shipping yard, a 24-hour marine yard for yachts, which is one of the biggest industries that we have been able -- trying to tap into that. Fort Lauderdale and West Palm Beach make millions and millions of dollars, so you have to take that into consideration. Having said that, some of the arguments that were made about noise, and traffic and stuff I have to give you credit. You're going to be affected by the noise a bit, some of you that live along -- right on the border of the other side of the river. Traffic, as I stated -- and I asked the expert on it. I said, are all the traffic along the river intersection, when you're going to cross the river, whether it's on the south side or the north side, they're all "F." That's bad planning that we haven't done for years, and bad planning in years just leads us to "F," and we can't get any worse than "F," as someone stated, your counsel stated, so this is what I'm going to present before any of my colleagues -- or if my colleagues want to make some comments on it, I'm prepared to make a motion, butt want to make sure you understand exactly what I'm doing. What I would be asking today is that this pass on first reading. That is just the future land change, so -- and that we deal with the special major use and the second reading at the next meeting, so therefore, you live another day to fight another battle, and have an ample opportunity to have your counsel sit with the other counsel and see what you guys could work out, but as it relates to the arguments that I've heard here today, based and presented by the two attorneys representing both sides, and me, playing the judge role, I have to say that my decision, based on the facts, not the theories, or rhetoric or whatever, is based on the arguments that have been made. A lot of them don't have merits, and I have to side with the side of the applicant on the issue, but I'm only siding on the side of the request, which is to change the use designation of the land from an industrial to a restricted commercial site. At this time, I would yield to my colleagues, and then I will present that motion. Chairman Teele: I think all of us are tired. It's 9 o'clock. We're about one-third of the way through this agenda, so why don't we have a motion. Why don't we have a motion and let's debate a motion. Vice Chairman Sanchez: OK. The motion is to pass on first reading and then, you know, on second reading, we'll debate the special major use and we'll address the second reading at the next PZ (Planning and Zoning) hearing. Commissioner Gonzalez: I second the motion, Mr. Chairman. Chairman Teele: Discussion. I'm probably going to be the only one that can't support it for this reason, and this is what I have not heard anybody talk about. I thought I was going to hear it from the marine people. Right next to this facility is a marine operation nearby; is that correct, Lucia? What's the name of that operation? Donald Darrach: Anchor Marine. City ofMiami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Anchor Marine. Anchor Marine. What type of operation is this? Isn't it a repair facility? (INAUDIBLE COMMENTS) Chairman Teele: No, no, we can't -- you either have to come to the mike or the staff or someone is going to have to address this, and I was really directing this at the Miami River expert who's here taking sides on all of these controversies that come up down here, and we welcome you. Brett Bibeaux: At this late hour, I think can explain in about two sentences. Anchor Marine is immediately contiguous to this property, and it is a boat repair shop. It's a very small, rectangular piece of property, less than a half an acre, maybe a quarter of an acre. Next to that is the container business, which is long -- linear feet, a lot of linear feet, but very, very narrow. Chairman Teele: OK. And my concern -- and I'm just saying nobody's talked about this, butl think Commissioner Gonzalez knows exactly where I'm going. Once you build these buildings, the next Commission, in four or five years after this building is built, they're going to all be there trying to shut down Anchor Marine. You mark my word. I hope I'm wrong. I won't be here to know whether I'm right or wrong, but it has happened time, after time, after time, and I really think, again, we're really not putting all of this together. Now, there's nobody here discussing the Anchor Marine problem, but I'm speaking and I'm saying that my concern is that every time we get into one of these big federal cases, you have all of these wonderful people, none of whom have even bought yet, but they'll all be dressed, apparently, based upon the cost of these units, in minks, and diamond rings or whatever it's going to be, and they'll all come down and say how unfair the City Commission is being, because we've got this marine operation going, and they're making noise, and Anchor Marine makes noise, folks. They make a lot of noise, and so I just am not against the project. I'm not -- I think there is -- this is a close case, butt got to tell you, I have to vote strongly based on the concern that until we can resolve this use of the Miami River, which I think the primary use should be maritime, and until and unless we can come up with covenants, and restrictions that preclude people from objecting to the river, and it's sort of like people buying near an airport, and then complaining about the airport noise, and I just think we're building ourselves into a new problem. I don't have a solution, butl can tell you this: All of those industrial uses that have been discussed are more consistent with my vision of what this river should be about than a residential use. I am not opposed to residential uses on this river at all, butl do think when you've got residential uses directly next to a marine ship operation, we've -- we've all gone through that once or twice already, and I think you all know where I'm going on this, so I respect my colleagues, I respect both sides of this issue, but my vote is going to be against it, not for the reasons that have been discussed, but because what have seen as a Commissioner since I've been here, time, after time, after time, where you build these wonderful developments, and once the people come, and they realize what a marine operation is, then it becomes -- and I'm really shocked -- I have to say this -- I am shocked at the Miami River recommendation. I cannot rationalize it in my mind. I'm not beating you up, belittling or in any way trying to diminish -- I'm challenging you all to think this stuff through more closely, because you all are our experts, and I'm really just trying to figure out where you all are coming from, because you've seen us go through this thing where we approve a residential use, and then the next year, after it's built, we've got all these people coming down here saying, shut it down, close it down, and then you all take the strong position of the maritime use, and let me just as you this on the record. Five years from now, six years from now when this building, if it's built, is built, and the maritime operation, Anchor Marine is making noise, and they're spilling oil out in front of this beautiful -- the things that happen -- diesel fuel and all of that, cursing and swearing that people do on the river when they're working at night, are you all going to come down and then support the use ofAnchor Marine, or are you going to then say, well, we're -- we testified in support of the residential, so we think we ought to shut down Anchor Marine now, or whoever the successor to Anchor Marine is? City ofMiami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Bibeaux: Honorable Chairman, I'm very appreciative of your question. I think it's a very, very good question. As the Managing Director of the Miami River Commission, the River Commission was created by the State Legislature, has 18 voting board members, of which one is the Miami River Marine Group. The Miami River Marine Group is solely focused on the marine industrial uses, and they represent the marine industry of the working river. The Miami River Marine Group is trying to work with the City ofMiami in allowing for some marine industrial zone sites in the lower sections of the river to be rezoned for mixed use projects. For example, Neo Vertica, Latitude on the River, those are two that went from marine industrial to SD-7. Now they have approved major use special permits, and this is another one that they are letting go by, because what they want to do is preserve some space for the working river. The Miami River Commission fully supports their efforts to preserve a section for the marine industry, which generates 8, 000 jobs in our community. The Miami River is the fourth largest port in the State, traversing four point one billion in cargo every year, and so it is a very important component to the river that we do want to preserve in the appropriate location, and where -- the Miami River Marine Group and the River Commission are seeking to preserve that area. This is the middle river, which is mixed uses, and then you got the upper river, west of 22nd Avenue. That's the heart of the marine industry so -- Chairman Teele: Who's the politician, me or you? I don't know what you said. Are you all -- are you going --I mean, seriously, do you understand the concern that I have about this? Mr. Bibeaux: Very, very much so. Chairman Teele: I mean, for this to be adjacent to it? Mr. Bibeaux: I very much understand the current concern. I'm glad that you shared that concern and at this point I can only -- Chairman Teele: Then why didn't your letter or the memorandum indicate that you all do have a concern about this? Mr. Bibeaux: The -- you know, my job as the Managing Director is only to forward the vote of the board members, and that was -- Chairman Teele: OK. I just want to be on the record, because this is one of those things where it sounds good right now, but the marine application of this project as it's currently being used is going to be a bigger problem for the developer -- no, not the developer, because he'll be gone or they'll be gone, but for the people who are going to buy -- this is a for sale unit, right? This is not a -- is this a rental or a for sale? Unidentified Speaker: For sale. Chairman Teele: So that's my concern. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner -- and I have no other concerns. Commissioner Regalado, and then we can read it and have a vote. Commissioner Gonzalez: Gonzalez. Regalado is on the other side. Chairman Teele: Commissioner Gonzalez, I'm sorry. It's 9 o'clock. Commissioner Gonzalez: I know it's kind of late. The reference that you made, to a point, you City ofMiami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 are right, but the -- you're referring to an isolated situation in the Miami River, and you cannot compare the situation that has been discussed in this chamber with the Miami River industry and the residential community with this type of project, and the reason is the -- whatever marina, whatever the name of the marina is -- Chairman Teele: Anchor. Commissioner Gonzalez: -- Anchor Marina is there now, and next to the Anchor Marina is a container company that is operating now, so whoever buys a unit in this building, they can't complain that they have a marina next door, because they're going to see the marina there. Once they go to see the units that they're going to buy, they're going to see the marina. Now, the case that you're referring to is the opposite. Imagine Spring Garden, that someone comes in now after that community has been built, people there live in peace and quiet, and someone builds a commercial industrial container industry in their neighborhood, in their backyard. It's completely different. They have all the right in the world, all the right in the world to object to that business to operate there, because they were there before, and whoever allowed that marina to go in their backyard, you know, is the people to be blamed, and, you know, I'm surprised, because I have seen -- this is -- I have -- I got about -- you know, it's something that I'm doing, because, let me tell you, eventually, eventually, I'm going to do something that one day, you'll say in this community, in this Commission chamber, and I was not a Commissioner at the time. I will get me two or three pro bono attorneys to represent the people in my district, and go to court with this issue. I have received about five or six -- I got about five or six of these letters, maybe more of this organization supporting some projects in certain segments of the river, and they been opposing similar projects in other segments of the river, and I don't know, because I'm not an attorney, but I'm going to consult with an attorney. Is that discrimination? Is that segregation? Is that -- I don't know what it is, butt will fight that case. Thank you. Chairman Teele: Well, we see this issue similarly, butt will say this, Commissioner, andl don't want to debate it with you: Human nature is human nature, and every day we have it. It's always there. People come in and they complain about the airport. The airport was there 40 years first. They buy a house, and then they come and complain about the noise from the airport, and that's human nature. Commissioner Gonzalez: But let me give you -- that's a perfect example. I decided to move next to the airport. Now -- and let -- every night, the planes go by my roof and now, I can't complain, you know. I knew that the airport was there and that the planes were taking off you know, and landing right on top of my house. What should I do now? Go to the federal government and tell them, you got to remove the airport, because I just moved in here? I mean, that's ridiculous. That's totally ridiculous. Chairman Teele: Well, Mr. Attorney, would you read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Now, folks, let me explain one thing. We have a companion item right behind this. We're going to ask, whatever the outcome of the vote is, whether it's `yes" or "no" that the full record of this proceeding be made a part of the next proceeding, and therefore, there is no reason for anyone to come down and make the same arguments again. Doug, you'll be free to come and make your argument on this, because we did cut you off on that, but I'm appealing to you to work with us on this, no matter what the outcome of the vote is. Madam Clerk, call the roll. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: The item passes, 3/1, and it goes over to second reading, and when will second reading be on this? Ms. Slazyk: February 26th. Chairman Teele: February 26th. Can we get a time certain kind of thing for this, so we don't get ourselves boxed into this again? Is 5 p.m. -- do we have anything scheduled already? Is 5 p. m. a good time for everybody? 5 p.m. Vice Chairman Sanchez: And second reading is when we discuss the major use. Ms. Slazyk: Yes. The major use will be on the agenda. Vice Chairman Sanchez: OK. This is so they are well informed. Chairman Teele: All right. Chairman Teele: The next item is? Ms. Slazyk: PZ. 20 is the companion zoning change from SD-4 to C-1 restricted commercial. Chairman Teele: All right. And explain just very briefly what we're doing here. Ms. Slazyk: Very briefly, this is to change the zoning classification no the property from SD-4, which is a waterfront indusfrial special district to C-1, restricted commercial. It's been recommended for approval by the Planning and Zoning Department, and recommended for approval to the City Commission by the Zoning Board. Chairman Teele: Would the three lawyers please come forth and just put your name, and address, and position on the record. Counsel from Tallahassee, come on down. Mr. Dickman: Andrew Dickman, law offices at 9111 Park Drive in Miami Shores, Florida, representing Spring Garden Homeowners Association. Chairman Teele: And where -- Mr. Dickman: We are opposed to this item. Ms. Dougherty: Lucia Dougherty. Offices at 1221 BrickellAvenue, supporting the item, and I'm representing Royal Atlantic, the contract vendee. Mr. Brannan: Robert Brannan, Rose, Sundsfrom and Bentley, 2548 Blairstone Pines Drive, Tallahassee, Florida, representing the current owner, and we are in favor of the change. Chairman Teele: All right. Did anyone -- the public hearing is open. Is there anyone who would like to speak in favor of the proposed change? Doug, this is your moment, sir. Anyone else? Mr. Meyer: My name is Doug Meyer. I work for Jubilee Community Development. The address is 1800 Southwest 1st Street, Miami. We support the change in zoning primarily because the people that -- the project that we built across the street is a home ownership project, and we see the use being more appropriate for a mixed use project, a residential project with commercial use versus its current indusfrial use, and you've heard all the arguments, and I won't go over them again. That's basically our position on it, and thank you for giving me the opportunity. City ofMiami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Thank you, sir. Is there anyone that feels a need to come forward and speak? We recognize that all those persons that have spoken against this, your testimony will be incorporated and made a part of the record. Is there anyone here, however, that feels the need to say something else? If not, the public hearing is closed. Commissioner Sanchez is there -- Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Teele: It's moved and seconded. Mr. Attorney, would you read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Chairman Teele: The item passes, 3/1, and it will go forward for the second readings on the date and time as specified. Ms. Dougherty: Thank you very much. Chairman Teele: Counsel, thank you. All right. Thank you all very much for coming. PZ.21 03-0295 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO " DUPLEX RESIDENTIAL;" MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0295 SR Fact Sheet.pdf 03-0295 Analysis.PDF 03-0295 Land Use Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0295 School Brd Recomm.PDF 03-0295 PAB Reso.PDF 03-0295 Application & Supp Docs.PDF 03-0295 Legislation.PDF 03-0295 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Duplex Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan City ofMiami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 LOCATION: Approximately 3160, 3170, 3180 and 3190 Oak Avenue APPLICANT(S): Angel A. Gonzalez, Julian Guilarte, Augusto J. Gil, Robert C. Brazofsky and M. Trading & Inestments, Inc, Owners APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval on November 19 , 2003 by a vote of 5-4. See companion File ID 03-0295a. PURPOSE: This will allow a duplex -residential development site. CONTINUED This item was CONTINUED to the meeting currently scheduled for February 12, 2004. PZ.22 03-0295a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 46 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-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0295a SR Fact Sheet.pdf 03-0295a Analyis.PDF 03-0295a Zoning Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0295a ZB Reso.PDF 03-0295a Application & Supp Docs.PDF 03-0295a Legislation.PDF 03-0295a Exhibit A.PDF 03-0295a FR Fact Sheet.pdf 03-0295 - submittal - 9.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to R-2 Two -Family Residential to Change the Zoning Atlas LOCATION: Approximately 3160, 3170, 3180 and 3190 Oak Avenue City ofMiami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 APPLICANT(S): Angel A. Gonzalez, Julian Guilarte, Augusto J. Gil, Robert C. Brazofsky and M. Trading & Investments, Inc, Owners APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on December 15, 2003 by a vote of 9-0. See companion File ID 03-0295. PURPOSE: This will allow a two-family residential development site. CONTINUED This item was CONTINUED to the meeting currently scheduled for February 12, 2004. PZ.23 03-0414b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2701 SOUTHWEST 27TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0414b SR Fact Sheet.PDF 03-041 4b Analysis.PDF 03-0414b Zoning Map.PDF 03-041 4b Aerial Map.pdf 03-0414b ZB Reso.PDF 03-041 4b Application & Supp Docs.PDF 03-0414b SR Legislation.PDF 03-041 4b Exhibit A.PDF 03-0414b FR Fact Sheet.PDF 03-0414b FR Legislation.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 2701 SW 27th Court APPLICANT(S): G.B. Real Estate Ventures, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire City ofMiami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on November 24, 2003 by a vote of 9-0. See companion File IDs 03-0414 and 03-0414a. PURPOSE: This will allow a unified commercial development site for the proposed Tower Twenty Seven Major Use Special Permit Project. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): The next four items have already been done or continued, so we're on PZ.23. PZ.23 is a change of zoning from R-2 two-family residential to C-1 restricted commercial for 2701 Southwest 27th Court. This is a zoning change that does not have a companion land use amendment, because the land use has already been designated restricted commercial as part of the 27th Avenue Meforail Station Plan from years ago. This zoning change is in conjunction with a major use special permit that is also not here before you tonight, but will be here at the next meeting. If this is approved, then you will hear the second reading of this and the major use at the same time. Chairman Teele: Public hearing. Ben Fernandez: Good evening, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, on behalf of Land Star Development and GB Real Estate Ventures. I'll be brief. I know that the hour is late. This is the intersection of 27th and U.S. 1. I'm sure you're all familiar with it. This property is one block north of the Metrorail Station, the Coconut Grove Metrorail Station, one of our largest stations. The intersection is unique in that although it's a very busy intersection, it's developed with a warehouse, a lumber store, a sfrip shopping center, and we don't have any density in this area. There's no residential density and there's probably not an opportunity for it, due to the fact that the -- Chairman Teele: Excellent presentation, Mr. Fernandez. Mr. Fernandez: Thank you. Chairman Teele: That's a very good point -- Mr. Fernandez: We have no opposition. Chairman Teele: Is there anyone in opposition? Commissioner Regalado: I move the item. Vice Chairman Sanchez: Second. Mr. Fernandez: Thank you. Chairman Teele: Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. Chairman Teele: Thank you very much. Vice Chairman Sanchez: Ben, once again, a fabulous presentation. Mr. Fernandez: Thank you. Vice Chairman Sanchez: Give yourself a raise, Ben. Chairman Teele: All right. PZ.24 03-0397 ORDINANCE First 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 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA, FROM "RECREATION" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0397 FR Fact Sheet.PDF 03-0397 Analysis.PDF 03-0397 Land Use Map.PDF 03-0397 & 03-0397a Aerial Map.pdf 03-0397 PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397 FR Legislation DRAFT.PDF 03-0397 Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397a, 03 City ofMiami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 -0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ's 24, 25, 26 and 27 are companion items. They are related to a land use and zoning change on Watson Island. Here is a board that was prepared to show you what's going on here. There's a piece of property that is zoned PR and C-1 that is basically equivalent pieces that are being swapped. This is in order to better facilitate the development of this quadrant of Watson Island. What it's doing is taking the piece up against the causeway here from PR to C-1 so that the commercial development could be accommodated up there, and then taking waterfront piece that was C-1 and making it PR to ensure a little more open space on the water. This is consistent with what we are doing on Watson Island with the Island Gardens Project, which you'll see at some point after it's filed. It'll come before you for a major use. It's been recommended for -- the change -- the Planning Advisory Board recommended approval of the change from C-1 to PR, but denial of the change in the other direction. Their primary purpose for the denial in the other direction from PR to C- 1 was that they felt that the project should have been filed along with the land use and zoning change. I explained that the -- because this land use change in particular is a large-scale amendment, and we can't be sure how long it's going to be with DCA that it was really not -- it didn't make any sense to file the major use along with the land use and zoning, because this really needed to get filed first, so it would come back from the State by the time the major use is filed. In any case, the Planning and Zoning Department is recommending approval, and if you have any additional questions -- Vice Chairman Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Teele: All right. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. PZ.25 03-0397a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA, FROM PR PARKS AND RECREATION TO C-1 RESTRICTED COMMERCIAL, MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING City ofMiami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 FOR AN EFFECTIVE DATE. 03-0397a FR Fact Sheet.PDF 03-0397a Analysis.PDF 03-0397a Zoning Map.PDF 03-0397 & 03-0397a Aerial Map.pdf 03-0397a PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397a FR Legislation DRAFT.PDF 03-0397a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397, 03- 0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): 25 is a companion. Commissioner Gonzalez: Move PZ.25. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Teele: Public hearing. Any person desiring to be heard should come forward. No persons are coming forward. Public hearing is closed. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. City ofMiami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PZ.26 03-0397b ORDINANCE First 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 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA; FROM "RESTRICTED COMMERCIAL" TO "RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0397b FR Fact Sheet.PDF 03-0397b Analysis.PDF 03-0397b Land Use Map.PDF 03-0397b & 03-0397c Aerial Map.pdf 03-0397b PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397b FR Legislation DRAFT.PDF 03-0397b Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Restricted Commercial" to "Recreation" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397c. PURPOSE: This will allow a unified recreational site. 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, Sanchez and Teele Absent: 1 - Commissioner Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): 26 is another companion. Commissioner Gonzalez: Move PZ.26. Chairman Teele: Is there a second? Joel Maxwell (Deputy City Attorney): Public hearing, sir. City ofMiami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Regalado: Second. Chairman Teele: Public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. PZ.27 03-0397c ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF THE WATSON ISLAND, MIAMI, FLORIDA, FROM "C-1" RESTRICTED COMMERCIAL TO "PR" PARKS AND RECREATION; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0397c FR Fact Sheet.PDF 03-0397c Analysis.PDF 03-0397c Zoning Map.PDF 03-0397b & 03-0397c Aerial Map.pdf 03-0397c PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397c FR Legislation DRAFT.PDF 03-0397c Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397b. PURPOSE: This will allow a unified recreational site. City ofMiami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): 27 is also a companion. Commissioner Gonzalez: Move PZ.27. Vice Chairman Sanchez: Second. Chairman Teele: It's a public hearing. Any person desiring to be heard -- there are no persons coming forth on public -- on PZ.27. The public hearing is therefore closed. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. PZ.28 03-0417 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 6 IN ORDER TO AMEND SECTION 601 TO ADD A NEW SPECIAL SUB -DISTRICT ENTITLED SD-1.1 KING HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, ADDING AN INTENT STATEMENT AND CREATING SPECIAL DISTRICT REQUIREMENTS. 03-0417 SR Fact Sheet.PDF 03-0417 PAB Reso.PDF 03-0417 & 03-0417a MCTB Reso.PDF 03-0417 SR Legislation.PDF 03-0417 FR Fact Sheet.PDF 03-0417 FR Legislation DRAFT.PDF 03-0417-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 on December 17, 2003 by a vote of 6-0. See companion File ID 03-0417a. PURPOSE: This will add a new special sub -district entitled SD-1.1 King City ofMiami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Heights Orchard Villa Special District. 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 Teele Absent: 2 - Commissioner Sanchez and Winton Direction to the Administration: by Chairman Teele to include a copy of the resolution from the Model City Trust as part of the supporting documentation before Item PZ.28 comes back for Second Reading. Chairman Teele further instructed the Acting President of the Model City Trust to further provide a staff recommendation on Model City Trust items. (See PZ.29 minutes) PZ.29 03-0417a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING PAGE NO. 12 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 ONLY THOSE PROPERTIES THAT ARE CURRENTLY ZONED R-3 AND GENERALLY BOUNDED BY NORTHWEST 62ND STREET TO THE NORTH, NORTHWEST 17TH AVENUE TO THE WEST, NORTHWEST 12TH AVENUE TO THE EAST, INCLUDING THOSE PROPERTIES FRONTING ON 12TH AVENUE, AND ON NORTHWEST 58TH STREET TO THE SOUTH, MIAMI, FLORIDA, ( EXCLUDING ALL R-2 ZONED PROPERTIES WITHIN THIS AREA) FROM " R-3" MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO "SD-1.1" KING HEIGHTS ORCHARD VILLA SPECIAL DISTRICT; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0417a SR Fact Sheet.PDF 03-0417a Analysis.PDF 03-0417a Zoning Map.PDF 03-0417a Aerial Map.pdf 03-0417a PAB Reso.PDF 03-0417 & 03-0417a MCTB Reso.PDF 03-0417a SR Legislation.PDF 03-0417a Exhibit A.PDF 03-0417a FR Fact Sheet.PDF 03-0417a FR Legislation DRAFT.PDF REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium - Density Residential to SD-1.1 King Heights Orchard Villa Special District to Change the Zoning Atlas LOCATION: Approximately NW 62nd Street to the North, NW 17th Avenue to the West, NW 12th Avenue to the East, Including Those Properties City ofMiami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Fronting on 12th Avenue, and on NW 58th Street to the South (Excluding All R-2 Zoned Properties Within This Area) APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 17, 2003 by a vote of 6-0. See companion File ID 03-0417. PURPOSE: This will add a new special sub -district entitled SD-1.1 King Heights Orchard Villa Special District to those properties listed above. 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 Teele Absent: 2 - Commissioner Sanchez and Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.28 and 29 are companion items in order -- Chairman Teele: Are these items at the request of the Model City Trust? Ms. Slazyk: Yes, it is. Chairman Teele: Why doesn't the documentation show that -- Do we have a board resolution from them on these? Ms. Slazyk: I was not provided with a board resolution. Chairman Teele: All right. Well, let's take them up, but let's, between first reading and second reading -- Ms. Slazyk: Get a reso. Chairman Teele: -- let's require that we get a board resolution. Ms. Slazyk: OK. Chairman Teele: Because that's what our memorandum of agreement says. We won't deal with items if they have not at least been conferred on. Ms. Slazyk: All right. Chairman Teele: OK? Ms. Slazyk: I'll make sure we get that. Just real quick, for the record, the items are in correct order on your agenda, but the Planning Fact Sheets have been reversed in the package, so PZ.28 is the text amendment in order to enact the new special district called SD-1.1 King Heights Orchard Villa Special District. It's been recommended for approval by the Planning Advisory Board, and approval by the Planning and Zoning Department. Chairman Teele: What are these two ordinances doing? City ofMiami Page 188 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Slazyk: What they -- Chairman Teele: Creating a business -- Ms. Slazyk: What they primarily do is they're creating a new special district just south of the Martin Luther King Special Disfrict on 62nd Street. They are, for the most part, providing much, much more flexibility in different housing types within the R-3 neighborhood there to promote home ownership, with smaller parcels that can be individually owned. They have new setback regulations and allow for more flexibility with the work/live units for the home occupations. Chairman Teele: And this is consistent with their consultant study, et cetera? Ms. Slazyk: Absolutely. Chairman Teele: All right. This is a public hearing. Madam -- this is a public hearing. Ms. Wiley, you're welcome. Marva Wiley: Thank you. Marva Wiley, acting President/CEO of the Model City Community Revitalization Disfrict Trust. Mr. Chairman, this item was passed by the Board of Director of the Model City Trust within the context of advancing the master plan. With the counsel of the Planning and Zoning Department, we constructed -- Chairman Teele: Hold on a minute. Let's make this real simple. Ms. Wiley: OK. Chairman Teele: In the future, those items that, pursuant to our ordinance and our agreement, that you all are supposed to confer with us on -- because something could come through, and we don't know it, and then we've got in the middle of a mess -- would you ensure that the staff recommendations include the affirmative -- just like it says approved by the Planning Advisory Board, or approved by the Waterfront Board -- that you all's -- you know, approval, and the vote and all of that is there. Ms. Wiley: OK. Chairman Teele: And that's all, and that helps us a whole lot, and we take your word. It's a good thing; is that right? Ms. Wiley: Right, definitely. Chairman Teele: Did you all want to add anything else? Ms. Wiley: No. Chairman Teele: OK, thank you. Public hearing is closed, and I'm just trying to protect everybody's interest so that we're -- Ms. Wiley: I appreciate that. Chairman Teele: OK. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. We need a mover and a seconder, but I just -- City ofMiami Page 189 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: Move PZ.28. Commissioner Regalado: Second. Chairman Teele: All right. I think the right procedure, really, is that you read the ordinance before you have the public hearing, but that's neither here nor there, because the people don't know what the heck they're coming up to talk about. The reading of the ordinance is designed to give notice to the public as to what to come up and talk about, butt know the City has always done it in a little bit different way, but I just want to explain that nuance that reading of the ordinance is designed to give the public the notice as to what to come up and talk about. Joel Maxwell (Deputy City Attorney): The City does that, sir, because under Chapter 166, it says that no ordinance shall be adopted except having been read by title. You're correct, as a matter of practice, the City has done it just before the Commission actually votes, but there's nothing to preclude it from being done as the item is introduced to the Commission. Chairman Teele: Because it's really not for the Commission's benefit that the ordinance is being read. It's for the public's benefit that the ordinance is being read, in my opinion. Hopefully, we know what we're voting on, hopefully. Madam Attorney -- Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. Lourdes Slazyk (Assistant Director, Planning & Zoning): 29 is the companion atlas amendment. Commissioner Gonzalez: Move PZ.29, Mr. Chairman. Commissioner Regalado: Second. Chairman Teele: Moved and seconded. Joel Maxwell (Deputy City Attorney): Public hearing. Chairman Teele: Public hearing. Any person desiring to be heard should come forward. If not, the public hearing is closed, and Ms. Wiley, you're here on the record in support of this item; is that right? Marva Wiley (Acting President, Model City Trust): That is correct, Mr. Commissioner. Chairman Teele: OK. Did you give your address for the record? Ms. Wiley: No, I did not. My address for the record is 4800 Northwest 12th Avenue. Chairman Teele: All right. The public hearing is closed. All those -- Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. City ofMiami Page 190 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 PZ.30 03-0419 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 25 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM PR PARKS AND RECREATION TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1390 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0419 SR Fact Sheet.PDF 03-0419 Analysis.PDF 03-0419 Zoning Map.PDF 03-0419 Aerial Map.pdf 03-0419 PAB Resos.PDF 03-0419 SR Legislation.PDF 03-0419 FR Fact Sheet.PDF 03-0419 FR Legislation DRAFT.PDF 03-0419 - submission - correspondence.pdf 03-0419 - submission - correspondence - 1 .pdf 03-0419 - submission - legislation.pdf REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to R-3 Multifamily Medium Density Residential to Change the Zoning Atlas LOCATION: Approximately 1390 NW 24th Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 17, 2003 by a vote of 5-1. PURPOSE: This will allow a unified residential development site. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton Commissioner Gonzalez: Mr. Chairman. Mr. Chairman. Chairman Teele: Yes, sir. City ofMiami Page 191 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: I believe there is misunderstanding here somewhere. They're claiming that I asked for a deferral of PZ.30, and I did not, so I don't know where that came from. Chairman Teele: Commissioner Winton asked for a deferral -- Vice Chairman Sanchez: Of 30. Chairman Teele: -- on PZ.30. Commissioner Gonzalez: Mr. Winton? Vice Chairman Sanchez: Yes. Chairman Teele: Commissioner Winton. Commissioner Gonzalez: Commissioner Winton. Chairman Teele: He sent in a request. His staff came in and said we're requesting these items to be deferred. Commissioner Gonzalez: Pardon? OK. I move to reconsider the deferral. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, the only item that we have hanging is the request to defer PZ -- what is that number? What's the one you objected to? Was it 21 and 22? Commissioner Regalado: No, no. 10 -- Lourdes Slazyk (Assistant Director, Planning & Zoning): I think it was 10 and 11. Commissioner Regalado: -- and 11. Ms. Slazyk: 10 and 11. Chairman Teele: That has not been acted upon. Gentlemen, counsel was here on that item. Counsel? On 10 and 11. Where is the lawyer that was here on 10 and 11? Commissioner Regalado: I don't know the lawyer. I just think that -- Ms. Slazyk: She's here. She's here. Vicky Garcia -Toledo: Yes, Commissioner. You're going to hear the matter? Chairman Teele: We'd like for you to state your objection to the deferral of 10 and 11. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 1200 South Biscayne Boulevard. This is a project that is dependent on federal funding, and the timelines for the federal funds are running out. We need to move forward with the necessary approvals. There City ofMiami Page 192 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 will be -- after the zoning and land use applications are approved, there will be further zoning action required by the City ofMiami, via public hearings, so time is tolling, and there will be a loss of federal funds for these programs. Chairman Teele: Would you state on the record the date that the funds will be lost if it's not acted upon by us by? Ms. Garcia -Toledo: I do not have that information, and the administrator is not here yet. Chairman Teele: All right. Well, why don't we temporarily pass -- not act on this until we've got that information. Ms. Garcia -Toledo: Absolutely. Chairman Teele: And we'll go straight down the line. Ms. Garcia -Toledo: OK. Thank you. Commissioner Regalado: Mr. Chairman, the -- Chairman Teele: Commissioner Regalado. Commissioner Regalado: No. The reason I said that is because -- sorry -- I was informed by HUD (Department of Housing and Urban Development) Directors that because of the delays, there are problems with the funding, and as a matter of fact, they just finished a similar residence in the Model City areas, and this is the first of its kind that is going to be built in District 4 in all -- they have one already in the Orange Bowl area. Now, with the Model Cities and this will be the second in the Hispanic area. I think it's -- I would think it's very unfair if we lose the funding to build that in the Smathers area. Chairman Teele: Commissioner, and I, very carefully, have not taken the item up to preserve everyone option -- everyone's option. The matter is not before us. We've not deferred it. We're seeking that information, and when we get to that item on the agenda, we'll -- Commissioner Regalado: No problem. Chairman Teele: -- we'll deal with that. Chairman Teele: Now, we're on the Zoning agenda. We also would like to note that we -- have two items set for -- Vice Chairman Sanchez: Time certain. Chairman Teele: -- three items set for time certain. PZ.4 for 5 p.m., at the request of Commissioner Gonzalez. PZ.30, did we act on that? Mr. Maxwell: You just continued. Chairman Teele: PZ.30. Mr. Maxwell: It's been continued. Ms. Thompson: It's continued. Chairman Teele: We just deferred it, didn't we? City ofMiami Page 193 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Thompson: Yes. Commissioner Gonzalez: No. Mr. Maxwell: Yes, sir. Commissioner Gonzalez: No. We re -- we -- Chairman Teele: We reconsidered that. Mr. Maxwell: That's when -- Commissioner Gonzalez: Reconsidered. Chairman Teele: So, PZ.30 was reconsidered and it's still on the agenda for discussion at -- Commissioner Gonzalez: 5 p.m. Chairman Teele: -- at 5 p.m. -- 5:30 p.m., I'm sorry. At 5:30 p.m., and we have D5.1, which is the Buena Vista East Historic District community charrette, which we're going to limit them to ten minutes, at 4 p.m., and we've got a request relating to the Spring Garden at 3:45. Chairman Teele: All right. PZ (Planning & Zoning) Number 6. Commissioner Gonzalez: Mr. Chairman, if you want, we can take PZ.30, because I believe the people are here. It's up to you. Chairman Teele: Well, it's up to you, but once you tell -- Commissioner Gonzalez: Well, yeah, let's -- Chairman Teele: -- everybody 5:30, you're pretty much stuck with that. Commissioner Gonzalez: They're here now, so if you want -- you know, so we can advance the agenda. It's up to you. Whatever you want to do. If you want to wait another 45 minutes, we'll wait. I have no problem. Chairman Teele: Commissioner, if you want to move it, it's fine with me. I mean, one of the disadvantages of time certain is as the day goes on, you're sort of locked in, but we didn't notice it and it's sort of an informal thing, but -- Commissioner Gonzalez: Right. Chairman Teele: -- we ought to try to -- if we ask for it, we ought to stick with it, but if you'd like to move PZ Number -- what is it? Commissioner Gonzalez: PZ.30. Chairman Teele: -- 30, be my guest, sir. Are you calling for that item now? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.30? Yes. Commissioner Gonzalez: Yeah. City ofMiami Page 194 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: All right. Do we have a franslator standing by here on this? All right. Why don't we ask everybody that's come in late if you would please raise -- stand, raise your hand. Are there people here on PZ.30? Most of the people on PZ.30? Commissioner Gonzalez: They're all here for PZ.30. Commissioner Regalado: They need a franslator. Chairman Teele: Yeah. That's what I'm thinking. Would you just ask the question -- ask everybody that's here on PZ.30 -- that's -- to please raise their hand? Chairman Teele's comments franslated by Spanish interpreter. Chairman Teele: OK. Is that -- do you want to go forward with this, Commissioner? OK Fine. Is there anyone here that doesn't understand English and requires a translator? Chairman Teele's comments franslated by Spanish interpreter. Ondina Suarez (Official Interpreter): Almost all. Chairman Teele: Huh? Ms. Suarez: One of them here is telling me almost all of them don't speak English. Vice Chairman Sanchez: Just about all of them, Mr. Chairman. Unidentified Speaker: They don't speak English. Vice Chairman Sanchez: They're going to need a translator. Unidentified Speaker: So, but they are not going -- many of these people are not going to comment about it. They are just supporting our effort. Chairman Teele: OK. We will break at certain points and summarize, OK? Commissioner Gonzalez: Right. Chairman Teele: For the time being. Commissioner Gonzalez: The applicant should be here. There she is. Did you call -- Ms. Slazyk: Actually, the City is the applicant. Chairman Teele: The City is the applicant, is that right? Ms. Slazyk: Yeah. Commissioner Gonzalez: The City's the applicant. Is it City or is itAllapattah Community Action? Ms. Slazyk: We're doing the zoning change. Commissioner Gonzalez: OK Ms. Slazyk: The City is the applicant -- City ofMiami Page 195 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: All right. Ms. Slazyk: -- but it's in furtherance of that. Commissioner Gonzalez: All right. Chairman Teele: Are the people here in support of it or opposed to it? Commissioner Gonzalez: In support. Chairman Teele: All right. Why don't you explain what we're doing here, and then we'll ask you to summarize that, OK? Just very briefly. Ms. Slazyk: OK. I'll go real quick. This is a proposed zoning change from PR (Parks & Recreation) to R-3. The land use has already been changed. The land use designation is already in place. This is just a zoning change to bring the comprehensive plan and the zoning atlas into compliance with each other. What this would -- this property is not a park, and the park zoning is not the most appropriate zoning because it is not currently being used as a park. The R-3 designation is the designation that exists on the remainder of the property and the area surrounding this PR piece, so the Planning and Zoning Department recommends that it be changed to R-3 in order to be in conformance with the comprehensive plan. It was also -- it was recommended, though, however, for denial by the Planning Advisory Board. There was some discussion at the Planning Advisory Board hearing about a promise that a City Commission of past years had made that this would be a park, or somehow, kept green, or it wouldn't be developed, and the Planning Advisory Board passed a separate resolution asking this Commission to honor what a previous Commission had said they would do, but we believe that it should be changed, and we recommend approval. Commissioner Gonzalez: Mr. Chairman, ifyou allow me? Chairman Teele: Please, Commissioner Gonzalez. Commissioner Gonzalez: Let me give you a little bit of history on this site. Back in 1991, this site used to be Fern Isles Nursery, and I decided to call it another City ofMiami dump. It was something similar to what it used to be Fern Isles Park on Northwest 22nd Avenue and 14th Street, of which you're familiar, and which you support the clean up of that site. At Fern Isles Nursery, there was another dump. We had three abandoned buildings by the City ofMiami. We had deposits of different pipes and sewer connections, and things that were removed from all over the City ofMiami and they were stuck in that property there. In 1991, the City ofMiami transferred some tracts of that land to Allapattah Business Development Authority, where I used to work at the time, and where we developed the Fern Isles Garden Condominiums that you attended to the inauguration of 52 townhouses. Later on, I believe around 1996, Allapattah Action -- Community Action was awarded another tract of land or two tracts of land by the City ofMiami, where they obtained -- the Allapattah Community Action obtained funds from the federal government to build a 202, consisting of some 80 units. Later on, another fract of land -- the balance of the land that was left there was assigned to the Municipals of Cuba in Exile, and some monies were awarded to that organization to build a social meeting place and a place where they could have their meetings and their reunions, and so on and so on. I don't know why, somehow, the project failed. The structure is there. The structure has been there for the last -- thatl can remember -- at least seven years, and now, Allapattah Community Action is requesting this piece of land to build an additional 202 with federal monies that they are procuring from US HUD (United States Department of Housing and Urban Development). It isn't going to cost the City ofMiami a penny, and it's going to provide another -- probably another 80 units to senior citizens that will live in these units at a very, very, very low cost, and that is the story of this site. City ofMiami Page 196 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 It was never a park. It doesn't look like a park. It is a housing development on one side. It's a 202 on another side, and it's an abandoned building, which is an eyesore to the district and an eyesore to the community, and I recommend that this be approved by the City Commission, and I move for approval. Vice Chairman Sanchez: Second. Chairman Teele: All right. Let's do this. We have a motion and second, but we're going to have a public hearing, too. Is there anyone here in opposition to this item? One person, two people, OK. Let's hear from those persons that are in opposition to this item. Right here, sir, and you have as much time as you require. Commissioner Gonzalez: Mr. Chairman, in addition, let me also put on the record that Allapattah Community Action has been working with the City ofMiami administration in the process of doing the applications for the monies, for the 202, and I believe, by the middle of this year, they should be awarded the money for the construction of this 202 project. Chairman Teele: All right. Commissioner Gonzalez: Thank you. Chairman Teele: All right. Welcome, sir. James Jude: Yes. James Jude, 111 Southwest 5th Avenue. I'm here representing myself. I'm a member of the Urban Environmental Aid, which also is a proponent of open space and quality of life for the urban community. I have visited this property. I have a video of it. Many of you probably have never seen it. It's on 14th Street and 24th Avenue, on that corner. There is an abandoned building on it, which is --I don't know whether it's on that property or on an adjacent property. There's a school just down the street, half a block. Fourteenth is a fairly busy street. This particular piece of property has very large stately oaks. It is currently zoned Parks, and a park is what it really should be. It's a beautiful piece of property. There are a lot of private homes all around the neighborhood. It's about three blocks from the Miami River, which is directly to the north on 24th Avenue. This is quite close to 27th Avenue, just to locate it for those that might want to. Now, I don't know whether you -- Chairman Teele: Did you say 27th Avenue? Mr. Jude: Pardon? Chairman Teele: What avenue did you say? Mr. Jude: It's on 24th. It's on the corner of 24th and 14th Street Southwest -- Northwest. Chairman Teele: What avenue did you say it was close to? Mr. Jude: 27th, which is a busy -- very busy north/south avenue, 27th Avenue, which has a bridge across the Miami River and so forth. Commissioner Gonzalez: Mr. Chairman, let me correct the record. There is no -- Mr. Jude: I can show you a map that shows exactly where it is, if you would like. Joel Maxwell (Deputy City Attorney): On the record, please, Ms. Slazyk. Ms. Slazyk, on the record, please. City ofMiami Page 197 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: Let me -- Chairman Teele: For the record, she gave me a handout that's in -- contained in the document. Commissioner Gonzalez: In order to correct the record, there is no school on 14th Sfreet, and with all due respect, you may have a video, but if someone has been there plenty of times in the last 13 years, it's been myself because I was the one that built the 52 units, homeownership affordable housing that is in that site now, so I'm familiar with the project. There is not a home - - there is no school there. What you have there is a private daycare center, which is at about 26 th Avenue and Northwest 14th Street. In reference to being a residential area, we have a housing project behind this site that is composed of four buildings and about 78 units, rental units, three-story buildings -- four three-story buildings, 70 units. Across the street from the site is composed of duplexes and threeplexes (sic), and on 15th Sfreet, you have three or four multifamily buildings, so I'm familiar with the site. Chairman Teele: OK, and we apologize. You want to make your presentation. Does your presentation include a video? Mr. Jude: Yes. Priscilla A. Thompson (City Clerk): Sir, I'm sorry, Chairman. I've just been told by our video individuals that without prior arrangements, he does not have the capability to show a video. Could you -- Mr. Jude: It's part of a PowerPoint, so it's not a separate video. Chairman Teele: PowerPoint. Ms. Thompson: OK. Mr. Jude: It's just a digital represent -- Chairman Teele: Did you make arrangements for this? Mr. Jude: No, I didn't. I'm sorry I didn't. IfI should've, I should've, but I didn't. In any case, you know, if we can't show it, that's perfectly fine. The school is probably a private school. That maybe. I don't -- Chairman Teele: Daycare. Mr. Jude: Yeah. Daycare center, but daycare centers frequently turn into large schools. There's one down there where I am at Warner -- near Warner Place. It's Southwest South River Drive, right across from Jose Marti Park, which started out as a daycare center, and now it's a full-fledged school. At least -- see, this one has all the stop signs and all the same as that, but in any case, we are very short on parks. This is a beautiful, small community regional park. Chairman Teele: You want to -- why don't you continue, Dr. Jude, while he's helping you there. Mr. Jude: OK. Well, we have it there now, so this just says -- just parks and open space, which is what we're interested in, and -- I'll have to get down here to the slide show here, then I can show you the whole thing here. Commissioner Regalado: I don't see it here. Chairman Teele: OK. That's not routed. OK City ofMiami Page 198 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Regalado: Not here? Mr. Jude: The -- I'm sorry this is -- he took it off my own screen so all I have is what's up there to look at. Chairman Teele: Let me fry to help you a little bit. What is your objection? Just state -- Mr. Jude: No. It's the lack of open space. The lack of parks in the urban community. There -- ( UNINTELLIGIBLE) maybe I can -- Vice Chairman Sanchez: Hit "OK" Mr. Jude: Yeah. Chairman Teele: Well, while we're getting ready, can I get a clear answer from the Manager? Mr. Jude: OK. Chairman Teele: Is this the park or is this not? Is this a part of our parks assets or is this not a part? Keith Carswell (Director, Economic Development): I'll let the Parks Director address that issue. Mr. Jude: This is -- Chairman Teele: Hold it just one minute. Mr. Jude: I'm sorry, Mr. Chairman. This is just a sign that shows the location. Chairman Teele: OK. Just hold on one minute. Mr. Jude: OK. Santiago Corrada: Good afternoon, Commissioners. Santiago Corrada, Director of Parks. The property served as a Parks nursery approximately 18 years ago. It has not served as a park, and currently, we do not have either the dollars or the ability to convert it into a park. It's a vacant piece of land that, at one point, served as a nursery for the Parks Department, but close to 18 years ago. Mr. Jude: May I go ahead, Mr. Chairman? Chairman Teele: Yes, please. Mr. Jude: This just shows the location at 24th. This is the property looking from -- southwest, looking from the corner of 24th Avenue and 14th Street, and this is a view of 24th, some other views of the property. Here is the school, which is a nursery school, as I understand it. Here is a -- City -- this is from a map of 1925, before any of you and even before I was born, a map of -- not that area, but I've got one here which will show that area, the Miami River, which goes up above the location here. This property is at this location right here. This is 27th Avenue. This is 24th Avenue. You can see it sits very close to the Miami River. This is a close-up of the same. This is from maps of 1925, and it just shows that most of this property is totally undeveloped at that time. Of course, there's been a great change since that time. I want to -- ifI can get to this movie, it would be good because I think that would explain to you. Apparently -- this is just from City ofMiami Page 199 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 where that map is -- apparently, the movie won't come up, but that does show you the property, and I hope that you understand that this property is unique in that there's just too little. Now, there hasn't been enough money -- that's right -- spent by the City on the parks. The parks we have, like Sewell Park and so forth, have not been developed, and that is a problem for the people. It should be -- they should be developed because that is needed that they are. This just shows all of the property again, but just for -- just in view, this is what you're looking at. You see the stately oak frees. Thank you very much. Chairman Teele: All right. Thank you so much, Mr. Jude -- Dr. Jude. Is there anyone else here in opposition to this item? All right. What we're going to do is close the public hearing. Commissioner Sanchez, Commissioner Gonzalez. Vice Chairman Sanchez: Thank you, Mr. Chairman. I tend to agree with the gentleman on one thing, that we don't have sufficient parks in our community, but I'll tell you this much. I mean, just by looking at the picture and the site, and seeing the infrastructure that's already there, you know, we also have to look at another important factor in our community, especially in the Allapattah area, and that is the housing need that we have not only in Allapattah, but through the entire community that we need to provide housing not only for those that are moving into our areas, which we see everyday, but for the elderly. Because, you know, things have changed. The elderly today have not prepared themselves like the new generation have with a retirement, with a 401, you know. We think about the past and we prepare for it. These are individuals that came -- most of them -- as someone stated, the City ofMiami is like the (UNINTELLIGIBLE) of the South, which they came here and they started their lives in mid -age, and today, they find themselves living off of the little assistance that they get from the government, but, you know, we have to be very sensitive to the needs of the elderly, and, I mean, I look at this property and I'm curious to find out if there is such a resolution that allocated that land as parks, butt just don't see the sense of us taking that property, tearing down the infrastructure that exists today -- and I'm not mistaken, like 50-something units that could just be done there -- and we have 50- something -- and possibly 51 or 53 couples, elderly couples that have homes in our community, so, I mean, I look at this and I have to respect Mr. Jude for his position, and I applaud him for his efforts to fry to build more parks and expand on parks in the City, but listening at the arguments here on a PZ, which we are like judges, basically, I would have to rule in favor that there is -- you know, it makes a lot of reasoning and it makes a lot of sense to convert this into elderly housing. Chairman Teele: Commissioner Regalado, did you have any point? Commissioner Regalado: I just want to say that it's great that we're fighting illegal units. We have to fix in months what has been wrong for 30 years. I think it's great that we try to bring beautiful condominiums to Brickell and the Coral Way area, but in order to remedy the problem of illegal units, of people living in efficiencies behind residential, we need to come up with something to offer. This is a city that is aging. This is the city that, whether we like it or not, we still have pockets of poverty. People are waiting in lines for housing. There is 68,000 signatures waiting to get housing. When the City help to do the building in Southwest 8th Street and 22nd, there were 9, 000 people wanted to be in the lottery. When the City ofMiami offers Section 8 ( Low Income Housing) -- and I think we have 150 apartments -- Commissioner Gonzalez: Apartments. Commissioner Regalado: Fifteen thousand people registered, so there is no argument, even if it was a park, to deny the possibility of having a decent home for elderly residents in the City of Miami. You know, Commissioner Gonzalez, you know, make our day. Go ahead and push for this because this is very, very important. Commissioner Gonzalez: And I also like to add for the record -- and I'm also concerned about City ofMiami Page 200 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 open spaces, and I'm also concerned about parks. I realize that we need parks, but we are working in every different field to improve the City, and right by this property, only about five blocks from this property, we have just cleaned up a park, which is Fern Isles Park, that consist of 8.4 acres, and it's going to be a tremendous park. It's going to be a park -- when the money's dedicated for this project from the Homeland monies, and we're going to have a park that is going to serve not only the people that live on 14th Street, but the people that live in that community, and the people that live in Commissioner Sanchez's district, and my colleague, Regalado's district, where we're going to have baseball fields. We're going to have soccer fields. We're going to have amenities for the families to enjoy, so we're talking about a little piece of land here where we have dedicated almost nine acres to build a real, real park, so, Mr. Chairman, once again -- you know, I just made my point on this project and I think it's time to vote. Chairman Teele: We have a motion and a second. IfI could just -- How many acres of land is this? Mr. Carswell: 1.68. Chairman Teele: 1.68. Keith Carswell -- Mr. Carswell: Keith Carswell, Director for the Department of Economic Development. Chairman Teele: All right. I want to just say something to my colleagues because, normally, I would vote totally in opposition to this, for several reasons. First, I think we are here as stewards and trustees, and this isn't our land to change. If the settlers, the forefathers designated something as a park, I think it should remain as a park, and I've said that even though I didn't win any friends when I was a County Commissioner with the Lipton Tournament. I voted against the Lipton being there because when Mr. Mattheson gave the land to the County, he didn't give it to us to designate to do this. He gave it to us for a park, and while I believe that the Lipton is a great resource, I just felt that it was a violation of our stewardship as the trustee of parks, and I don't think we should change land that is park for commercial use, or generally for private use, and that's why I asked the question early on: Was this ever really a park, or was it used by a park as a resource, as appears to be the case, as a nursery, but even if it were a park, Dr. Jude, I would be voting in support of this for the following reason. This Commission, that is, for the last two years, is working to add more park land to the City inventory. We will add more park land to the City inventory totally than probably any Commissioner in the last 20 years, 30 years, for the City ofMiami. In Little Haiti, for example, how many acres of land have we closed on or are we closing on to add to that park? Mr. Carswell: The trailer park itself is about 8.64 acres, and the other parcels around it, I would say another acre and a half or so. Chairman Teele: We've added ten acres net to the City inventory in the last year, and I think this is important because we're talking now about Citywide inventory, and I do think that the Parks Director, working with Asset Management, need to address that study that was done about four years ago, OK, that had some deficiencies in it -- for example, it did not include cemetery land -- when they were calculating the total amount of park space that the City has, and I think it is our job, as Commissioners, working with the private sector and public advocates, to protect park land and to add to it, not to subtract, but, again, I'm very comfortable supporting this and clean ups of other areas, as long as we're adding net park land. It's my view that when the Little Haiti Park, for example, is completed, we'll probably add at least 20 to 25 acres of land, and I would say this as a challenge to Asset Management and the Parks Director. You should use that inventory as a clean up on other areas that may or may not be properly designated as parks, so that we can engage in a dialogue with the public sector and public organizations like the environmental and the land use people so that they understand what we're doing. I'm supporting City ofMiami Page 201 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 this because this Commission is adding net new park land to the City ofMiami inventory, so, with that, unless there's opposition, all those in favor of the item, say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): It's an ordinance. Mr. Maxwell: This is an ordinance. Chairman Teele: I'm sorry. Mr. Maxwell: An ordinance of the Miami City Commission -- do you have -- You have a motion on the floor now. Yes. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Gonzalez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. Chairman Teele: Thank you all very much. (Applause) 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 City ofMiami Page 202 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 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. WITHDRAWN A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, with Commissioner Winton absent, to have a non -binding straw vote to not merge the Planning Advisory Board and the Zoning Board: Raised hands in favor: Commissioners Regalado, Gonz alez, and Chairman Teele. Did not raise hand: Vice Chairman Sanchez. A motion was subsequently made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioners Sanchez and Winton absent, that Item PZ.31 be WITHDRAWN. Chairman Teele: Now, we still have one we haven't dealt with. Lourdes Slazyk (Assistant Director, Planning & Zoning): We -- the department is seeking a withdrawal of PZ.15. It had already been advertised, so we didn't withdraw it beforehand, and we would like a deferral on PZ.31 to February 26. Commissioner Gonzalez: 16 and 31 ? Ms. Slazyk: 15. Chairman Teele: No. Ms. Slazyk: 15. Chairman Teele: No, no, no. Let's deal with the deferral first. Ms. Slazyk: OK. 31. Chairman Teele: You're asking to defer what item? Ms. Slazyk: PZ.31. Chairman Teele: Is there a mo -- Well, hold it. Why? Why don't we just kill it, or is that inappropriate for me to say? You know, let me tell you all something. Commissioner Regalado: PZ.31. Chairman Teele: Let me tell you all something. See, you got everybody in the community going up and down, up and down, and, see, the big lawyers do use this as a technique to wear everybody out. They defer it. They defer it. This thing's been deferred twice already, right? Ms. Slazyk: I believe only once. It was a two -month deferral, but only once. Chairman Teele: It was a two -month deferral. Ms. Slazyk: Yes. City ofMiami Page 203 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: I'm calling for a sfraw vote. Commissioner Regalado: No, no, no, no. Let's vote real vote. Chairman Teele: No. I'm calling for a sfraw vote first. Commissioner Regalado: So they know? Chairman Teele: Because if -- and I'm going to tell you what -- if there's three votes here against it, I'm not going to entertain the deferral. If there is three votes here for it, I'll entertain the deferral, but what I'm saying is, is that we don't need to send these kind of signals to the community back and forth, so the Chair will entertain a straw vote. This is a non -binding vote regarding whether to merge the -- Commissioner Regalado: Zoning and Planning. Chairman Teele: -- the Zoning and Planning Boards. Is there a motion to -- Commissioner Regalado: Motion -- Chairman Teele: -- to either merge them or not merge them, either one? Commissioner Gonzalez: I move. Commissioner Regalado: Motion not to merge them. Commissioner Gonzalez: Second. Chairman Teele: Is there a motion and a second not to merge them? Commissioner Regalado: Not to merge. Commissioner Gonzalez: Not to merge. Commissioner Regalado: That's my motion. Chairman Teele: Straw vote not binding. All those in favor, raise their hand. All those opposed? Straw vote clearly indicates that there is no -- there is not three votes in support of this item. A straw vote was taken, the result of which is stated above. Chairman Teele: Now, what I'm prepared to do is this: Let's take it up today and vote on it, yes or no, and have the discussion, but I think it sends the wrong signal when we keep deferring something that we know is controversial, and listening to my colleagues over the year, they've indicated that they don't support this, so the Chair is not entertaining a motion to defer or withdraw -- defer that item at this time. Ms. Slazyk: OK. We've done PZ.30, and I would like to withdraw PZ.31. I don't know if you need a motion for that or -- Joel Maxwell (Deputy City Attorney): Yes. Ms. Slazyk: OK. PZ.31, we're asking for it to be withdrawn. City ofMiami Page 204 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Motion? Commissioner Gonzalez: Move. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? The item is approved unanimously. It's withdrawn. PZ.32 03-0418 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE AND THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE REVISIONS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE " 1995 EVALUATION AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN" AND TO MEET THE REQUIREMENTS OF RULE 9J-5, FLORIDA ADMINISTRATIVE CODE; FURTHER AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT BY DELETING AN OBJECTIVE AND POLICIES RELATED TO INTERGOVERNMENTAL COORDINATION AND TRANSFERRING THEM INTO THE INTERGOVERNMENTAL COORDINATION ELEMENT; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0418 SR Fact Sheet.pdf 03-0418 Analysis.PDF 03-0418 PAB Reso.PDF 03-0418 DCA Letter.pdf 03-0418 SR Legislation.PDF 03-0418 Exhibit A.PDF 03-0418 FR Fact Sheet.PDF 03-0418 FR Legislation DRAFT.PDF 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 to City Commission on December 17, 2003 by a vote of 6-0. City ofMiami Page 205 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Votes: PURPOSE: This will update the Miami Comprehensive Neighborhood Plan in accordance with state requirements. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 3 - Commissioner Gonzalez, Regalado and Teele Absent: 2 - Commissioner Sanchez and Winton Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.32 is the last one. PZ.32 is a first reading ordinance that deals with an amendment to the comprehensive plan. This is a -- it's a sort of cleanup amendment. These are ear -based amendments to the intergovernmental coordination element. It also is in response to new State requirements, and reflects recent improvements in the intergovernmental coordination. It's been recommended for approval by the Planning Advisory Board and approval by the Planning and Zoning Department. Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded. Public hearing. Any person desiring to be heard should come forward. The public hearing is closed. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll Call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.33 04-00002 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO RETAIN JURISDICTION OVER ARCHEOLOGICAL ZONES AND SITES WITHIN THE CITY; TO CLARIFY OR AMEND CERTAIN DEFINITIONS; TO PROVIDE FOR AN INTERIM PROTECTION MEASURE THAT WOULD PRESERVE A PROPERTY PROPOSED FOR DESIGNATION FOR A PERIOD OF TIME NOT TO EXCEED ONE HUNDRED TWENTY DAYS; FURTHER CLARIFYING CRITERIA FOR CERTIFICATES OF APPROPRIATENESS; ADJUSTING THE MAILED NOTICE OF PUBLIC HEARINGS TO OWNER; PROVIDING THAT SPECIAL CERTIFICATE OF APPROPRIATENESS DECISIONS MADE BY THE BOARD IN MAJOR USE SPECIAL PERMITS ARE ADVISORY TO THE CITY COMMISSION; ALLOWING THE PRESERVATION OFFICER THE ABILITY TO GRANT AN EXTENSION OF TIME FOR A CERTIFICATE OF APPROPRIATENESS; AND MODIFYING THE FEE TO APPEAL A BOARD DECISION; CHANGING THE CODE REFERENCES FOR UNSAFE STRUCTURES; MORE PARTICULARLY BY AMENDING SECTIONS 23-1 THROUGH 23-6; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 206 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Votes: 04-00002 SR Fact Sheet.PDF 04-00002 SR Legislation.PDF 04-00002 - submission house pix-1 .pdf 04-00002 FR Fact Sheet.PDF 04-00002 FR Legislation.PDF REQUEST: To Amend Chapter 23 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will enable the City to retain jurisdiction over archeological zones, provide for an interim protection measure for properties proposed for designation, and enact certain "housekeeping" measures. NOTES: This is a companion to File ID 04-00002a. Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Winton absent, to direct the City Manager to instruct the Adminisfration to do a survey of all historically designated properties in the City and begin working with the Dade Heritage Trust in drafting language that can be placed on markers and/ or plaques in those buildings for the education of residents and tourists, said markers to contain historical data such as when the building was built, if it was occupied by a family or a business, etc., and to mention the fact that the building is a historical building. Chairman Teele further requested that the Administration work with the Community Development Department and the Dade Heritage Trust to apply for Community Development Block Grant (CDBG) funds for purposes of carrying out this program. Note for the Record: Chairman Teele suggested that the Adminisfration publish an annual list of historically designated sites within the City. Chairman Teele: 33, which is again historic areas, and this is a matter of I think, very much importance of what we're doing in this whole area, so I'll pause and allow the staff to explain what it is we're doing, the attorney to explain what the glitch was, if my reading of the media is correct, and then we'll hear from the public. Sarah Eaton: Commissioner Teele, members of the Commission, Sarah Eaton, Preservation Officer for the City. PZ.33 involves proposed amendments to the City's Historic Preservation Ordinance that address several issues. The first is an amendment that expressly retains jurisdictions over archeological zones in the City. This is the simple one. Joel Maxwell (Deputy City Attorney): Can you move closer to the microphone, Ms. -- Ms. Eaton: I'm sorry. Is this better? The -- City ofMiami Page 207 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: There's a lot of background noise. Thank you. Ms. Eaton: Yes. The first proposal, just to repeat, is to expressly retain jurisdiction over archeological zones within the City. Last year the County amended its Historic Preservation Ordinance. That ordinance says that unless cities pass an ordinance by March the 11 th, 2004, expressly retaining jurisdictions over archeology, the County will assume control. That would mean reviewing all permits for projects along the river, going back approximately 1500 feet or more; all projects along the bay, and then the downtown area, and we feel it's important for the City to retain this jurisdiction. The second part of the amendment proposes an interim protection measure for properties that have been proposed for designation, but that have not actually been designated. The need for this measure was brought to light recently, when the owner of the Alonso Bliss house in the Edgewater neighborhood applied for and obtained a permit to demolish the house, after he received notice from the City that the Historic and Environmental Preservation Board was about to consider the designation of the property as a historic site. The owner had every legal right to get a demolition permit during this time. There was nothing the City could do. The demolition of properties proposed for designation however is not a new thing. The Bliss house was not the first case. Back in 1988, all of the buildings within the proposed Southeast 6th Street Historic District were demolished after the owner received notice of the designation hearing, but before the hearing could take place. The City was powerless to stop the demolition of these properties because of the limitations of its ordinance. An interim protection measure is therefore needed to address this problem, this loophole, if you will, and prevent the demolition or alterations of properties while a decision to designate is pending. Through the adoption of such an ordinance, the City can prevent an owner from circumventing the intent of the Historic Preservation Ordinance while the board evaluates the proposed designation and considers the appropriate preservation criteria. The proposed interim protection measure is a temporary restriction only, and is limited in duration to a maximum of 120 days. The owner is notified and is given an opportunity to be heard by the board at the preliminary evaluation hearing. While this temporary restriction is in place, however, the owner can seek relief by applying for an accelerated approval of a certificate of appropriateness for any work that he is proposing. If the City adopts the proposed interim protection measure, it would follow the lead of such local governments as Miami -Dade County, Coral Gables, and Miami Beach, all of which protect properties which are being considered for historic designation . Similar measures have also been adopted by cities throughout the country. I would like to add one small amendment that we realized was not included in our package. Vice Chairman Sanchez: Madam Director, before you go to that amendment, just for -- just to clarify something. So, in other words, this would protect buildings while the historic designation process is in place? In other words, the loophole before was that if the paperwork was in place, someone could run out there, get the permit, and demolish the property. This ordinance basically protects those properties while they are in the process of being designated as historical sites; is that correct? Ms. Eaton: That's correct, and it's -- but it's limited to 120 days. Vice Chairman Sanchez: Right. Ms. Eaton: We're not holding up the owner for any more time than that. Vice Chairman Sanchez: So, it does away with that loophole and that's how we lost some of these properties that once they're torn down, they're gone forever. I mean, it's not like a picture that you could bring out, and I think in the past we've lost some treasures in this City that we can't bring that, so that does away with that loophole. Ms. Eaton: That's correct. The small amendment that I proposed is an amendment to Section 23 City ofMiami Page 208 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 -4 Subsection B-1, Sub -Subsection B-2. This is a section that deals with the maximum of 120 days. We would like to add, "Unless this time limit is waived on the record by mutual consent of the owner and the board" We've had many cases, over the past year, when a property is considered for designation, and the owner requests a continuance to allow time to hire an expert, to study what the implications of designation are. We recently had the Stirrup house that was proposed for designation in March, and the owner asked that it be continued until January of this year, so if the owner would like more time than 120 days, we want to make sure that that's allowed. The proposed amendments also include several housekeeping items. These include a clarification of certain definitions, a modification of notice and appeal fee provisions to make them consistent with all other boards in the City. Ours were slightly different. Also, a clarification that on Major Use Special Permits involving certificates of appropriateness, the historic and Environmental Preservation Board will be advisory to the City Commission. That's the practice we've been following, but we need to codify that provision. Also, there is a provision that would allow staff to grant an extension of time on certificates of appropriateness. In the case where guidelines haven't changed, right now an owner has to go back to the board if the certificate of appropriateness time period expires, and there are a few corrections of department names and code references. We urge that you adopt the proposed amendments and I'm happy to answer any questions that you have. Chairman Teele: All right. Public hearing. Any persons desiring to be heard? Becky Roper Matkov: Hello. I'm Becky Roper Matkov, Executive Director of Dade Heritage Trust, the largest historic preservation nonprofit organization in Miami -Dade County. I am here on behalf of Dade Heritage Trust to urge you to approve these changes, to strengthen Miami's preservation ordinance by closing this loophole, which the need for this was really brought to the public attention by this -- in this past fall by the Bliss house demolition. We have pictures of the bliss house to refresh your memory. This was as it was built in 1916 and I will pass these around to y'all, and this was the house just before it was demolished just a few months ago. It was a gorgeous 1916 arts and crafts home. It had great potential for restoration. It was a great resource for the Edgewater community. It was torn down by the developer after Dade Heritage Trust nominated it for historic designation, and the board was going to consider it, vote on it, and he tore the house down before the board could make a decision. We want to prevent this happening again. We want to -- we think it's only fair that the owner have a chance to go in front of the board and make his argument, but we also think it's only fair, as a community resource, to have him honor our heritage enough not to demolish something that is being considered a public treasure, so I just encourage you to vote for this change. Thank you, and here are the pictures. Charles J. Flowers: Charles J. Flowers, resident of Spring Garden Historical District. I'm here in support of the staff. Living in a historic district myself I see a need to preserve all of the historic buildings we have in the area we have in the City ofMiami. I think that the Commission, their charge -- their duty is to try to preserve the historic character of the City ofMiami. Thank you very much. Dolly McIntyre: I'm Dolly McIntyre. I live at 1835 South Bayshore Drive. I am the City of Miami's oldest living preservationist. We have so little left of our history. What we do have gives us a great sense of place, a sense of belonging, and a sense of stability in a community and a time that often has its foundation shaken. The preservation ordinance that we have now is certainly doing good things, but we have found the gaps and this proposal closes some important ones. I would urge you to support it, and in so doing, support our heritage. Neisen Kasdin: Good evening, Mr. Chair, members of the Commission. Neisen Kasdin, 2 South Biscayne Boulevard. I've been asked to briefly address to Miami Beach experience by your staff and would tell you that this is a good ordinance. The City ofMiami Beach, a majority of the non -single-family zoned areas are already in local historic districts, which prohibits the alteration City ofMiami Page 209 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 or demolition of a building without approval from the Historic Preservation Board. The approach in the City ofMiami is different, in that you are specifically going to be looking at individual buildings that have great historic value. It's a different approach for a different City, but it's an appropriate approach because this is a City that has a great number of historically and architecturally important buildings that should be preserved and could enhance the character of this community, and so based on my experience of 20 years on the other side of the bay, I would urge your adoption of this ordinance. Chairman Teele: Further comments? The public hearing is closed. Mr. Attorney, do you have comments that you'd like to make for the record? Joel Maxwell (Deputy City Attorney): We've prepared this ordinance, so obviously, Mr. Chairman, we find that it's a proper ordinance, properly before you. It is a valid -- the interim protection measure, that is, which is the most controversial item, is a valid exercise of the City's police power. It has been supported by courts around the country, and we believe that should you adopt this ordinance, it will serve the City and be in the best interest. We think it's a legally -- it's a legally -- it's a legal ordinance before you now. Chairman Teele: All right. Is there a motion? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Teele: As amended. Is there a discussion on the item? Vice Chairman Sanchez: Discussion on the item. Mr. Chairman, just to state that this is something that's way overdue in this City. Once again, I want to emphasize on we have, in the past, wiped away a lot of history in this City, and through all history, whether it's good or bad, it has to be told, because we learn from it, and to see some of these beautiful homes that we have in our community -- now I'm experiencing it in my disfrict with these bungalows that are there that just because they're run down a little bit, you know, we tend to solve the problem by bulldozing it down and wiping away, but we don't realize that we wipe away the history of this great City of ours, because it's not us. It's the pioneers that have made this City and all those that labored so hard to create this magical City, which is the beauty of it has been created by so many people, and some of these homes that we have, if we don't have an ordinance in place like this, we really jeopardize tearing down beautiful homes now, because nowadays people think concrete is it, and really, concrete is not it. There's a lot of wood. There's a lot of designs. There are a lot of architectural stuff that goes on and as former Mayor ofMiami Beach stated, Miami Beach took an ordinance like this and protected a lot of its resources, and if they didn't have an ordinance in place like this, I think South Beach would just be a modern town today. It would not hold the qualities that it exhibits, and through the great representation of the past and its people, so I commend the administration. I commend you, Sarah, and I commend each and every one of you who labor so hard to make sure that our past is not that easily erased. Thank you. Chairman Teele: Commissioner Regalado. Commissioner Regalado: I have a question. How many structures in the City ofMiami are designated historic? Ms. Eaton: I don't have the exact number, but it's between 120, more or less, plus our four districts, which contain a total of approximately 1,000 buildings. Commissioner Regalado: Right, but throughout the City, not counting the disfrict, 120 City ofMiami Page 210 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 structures multi houses? Ms. Eaton: No. Primarily, institutional buildings, commercial buildings, some houses. Commissioner Regalado: My question is, do we have a marker in each of those? Ms. Eaton: We do not. Commissioner Regalado: OK, so see that's the problem, because in order to mobilize public opinion, in order to avoid all these events that gave a bad eye to the City ofMiami when the demolition of that house began, we need to establish a pattern, a map, signage, a plaque, a marker, the date the structure was built, you know, if possible, some small history, and eventually, and eventually that will be part of one of the tours that the City ofMiami, through the greater Miami Conventions and Visitors Bureau, can offer, because it's very difficult in Florida, such a young mistake, to watch the way the people lived at the turn of the century, and this house, the one that was demolished and other buildings, we can reconstruct their past. It's like Joe said, you know, it's -- history's fine, but you need people to be told, but those houses, those buildings have to speak to you, and the only way they can do that is through markers and through plaques, so I think that the City should be proactive and start placing plaques and with history in those buildings that had been already designated historic; otherwise, you know, nobody knows. It's just an old building, probably an ugly old building, but if it has a marker and a history, it becomes part of the learning process for many people, so, you know, I think we do have some funding within the historic, and I think that the City should work proactive in doing this because if you don't advertise, you don't sell. Nobody knows what it is. Ms. Matkov: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Matkov: I think what you're proposing is a great idea -- this is Becky Matkov again, with Dade Heritage Trust -- and I know the City of Coral Gables, of course, has -- Commissioner Regalado: The Merrick house. Ms. Matkov: Yeah. I mean, this -- it would be a wonderful thing for the City, whenever they designate, to make part of the thing an award of a plaque. I know Dade Heritage Trust gives plaques for outstanding restorations and -- but we haven't been able to afford to have the nice plaques to pass out to everybody -- Commissioner Regalado: Yeah, but how does -- Ms. Matkov: -- but that would be -- Commissioner Regalado: My point is that the houses cannot speak, see? The buildings cannot speak to you. They cannot tell you -- Ms. Matkov: Right, so you -- Commissioner Regalado: -- their past, so you do need somebody to speak for the building. Ms. Matkov: And we would love to work with the City in implementing that, if -- you know -- Commissioner Regalado: And once you have that in place, you can have a map only with those historic buildings. You'd be surprised how many people are into this, you know. City ofMiami Page 211 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Ms. Matkov: Oh, absolutely, and we have -- one more plug I'll put in. For -- during Dade Heritage Days, you know, we have a lot of neighborhood house tours in historic districts, and then, of course, we have tours and then the programs that tell you about each house and so the public is invited, you know, to see a lot of these, so -- but I think that's a great suggestion. Thank you. Chairman Teele: Thank you. Commissioner Regalado: Mr. Chairman, I would like to -- I mean, like sort of a motion after this to (UNINTELLIGIBLE) what I was (UNINTELLIGIBLE) to direct the administration to start working on the plaques and markers, historic markers for all the structures designated historic within the City ofMiami. Chairman Teele: All right. Well, I -- we have an ordinance before us now, right? This is for -- has it been read? Mr. Maxwell: No, sir. Is there a motion on the floor? Commissioner Regalado: Yeah, there is. Chairman Teele: There's a motion and a second, and we're just having discussion. Why don't you read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Madam Clerk. A roll call was taken, the result of which is stated above. Chairman Teele: Commissioner Regalado, you're recognized for a motion. Commissioner Regalado: I would like to move a motion directing the administration to do a survey of all properties declared historical in the City ofMiami, and to start working with the Dade Heritage Trust in drafting messages that will be placed in markers and plaques in those buildings, so residents and tourists, visitors alike can understand some of the past of this City. The markers should have some historical data where, when they were built, if they were occupied by a family or a business, the data that we have in record, and mention the fact that this is a historic building. That will be my motion. Vice Chairman Sanchez: Second. Second, Mr. Chairman. Chairman Teele: Motion and second. Discussion? I have to say this just -- it is so frustrating to me to hear this dialogue because this whole historic thing is just something I don't understand why this City can't get its hands around it. Two years ago, when you all came and start talking about hiring staff people for Historic Preservation out of CD (Community Development) funds, I told you then I was concerned about that because I don't think that was a proper use of CD dollars -- of CDBG (Community Development Block Grant) dollars, given the administrative caps that are on CD funds. In other words, you get to go one time for staff and you don't get to go through another door, another door, although historic preservation is the most liberal. We've had 60 -- how much was the CD dollars that we're talking about, that we gave Historic Preservation, sixty thousand or -- Ms. Eaton: I'm sorry, Commissioner, I don't remember. I believe it was more than that. I believe it was two hundred and fifty thousand. City ofMiami Page 212 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Like two hundred and fifty thousand dollars. Ms. Eaton: I believe so. Chairman Teele: The money's gone back and forth, back and forth. Finally, I grabbed the money because they couldn't use it because they got a ruling and said put it in the police -- the City owned police precinct building there, so some of that money went there, some went other places, but, Commissioner Regalado, there is no shortage of dollars for historic preservation kinds of activities under the CD eligibility, and that's the most flexible thing that we can do, and I would appreciate if you would consider amending your motion to request that the City work through the CD and other processes to request that the historic -- what's the name of the -- the Dade Heritage Trust be encouraged to apply for funds for the purpose of carrying out this historic program that you're talking about, because the problem that we have is that we can't use CD dollars for administration and for programming very well, without the question coming up, but if we would work with some partners, like the Dade Heritage Trust, we could have wonderful plaques all over this City. Commissioner Regalado: But, Mr. Chairman, it's all about imagination. It's all about working for a few days. I bet you that if we pass the hat here, we can pay for all those markers without going anywhere, but the money is not the point, although money is necessary. The point is that somebody has to do it, and, you know, the City just dropped the ball on that because the first thing that you do when you declare something historic, is say it. Chairman Teele: Say it. Commissioner Regalado: Yes. Chairman Teele: You designate it and you say it. Commissioner Regalado: You designate it and you say it. Chairman Teele: And you publish it. Commissioner Regalado: And you publish it, and that's it. I mean, it's a no-brainer. Chairman Teele: But, to me -- I mean, the next motion's got to be to direct the City staff to publish, within the next 90 days or 60 days or something, you know, a bound published directory of what is certified. That's just a question of hiring some college student to come in, assemble the information to get to a graphic artist, and to get the stuff out here. Commissioner Regalado: Anybody can do it. Ms. Eaton: IfI could interrupt. I'm sorry. We have done that, Commissioner Teele. We have published a booklet that provides a map and photographs and a description of all historic sites within the City. We have them on our website. It is a map you can click on, pull up the site, a description of the property, photographs of the property, so we have made that step, and I fully agree with you, that -- and actually, the -- a proposal for historic markers has been on my wish list for the historic preservation bond money. Chairman Teele: I don't agree with my colleague, Commissioner Regalado. I'm going to say this, because he's -- he thinks this is, you know pass the hat and do it. That's one way to do it, but I'm going to be honest with you. A proper marker is expensive. Ms. Eaton: Yes. City ofMiami Page 213 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: It's very expensive. These need to be cast. I mean, it's not pocket change, but it's so much worth it. It's so much worth it, in terms of tourism, economic development, all of the things -- Commissioner Regalado: That's what I'm saying. Chairman Teele: Neighborhood enhancement. Commissioner Regalado: But what I'm saying is, something is better than nothing. Chairman Teele: I agree, and right now what do we have? Commissioner Regalado: Nothing. Chairman Teele: So, you're right. I was wrong. All right. So on the motion, as he's got it relating to that, with the understanding that we're going to fry to get partners to come in and work with us on this, and to see some initiative. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. And do we need a motion on trying to encourage the Planning Department to publish an annual list of historic designated properties, keeping it updated annually, and something on a website, maybe, and all of that? Ms. Eaton: Oh, our website is updated monthly. Chairman Teele: Does it contain now a complete list of -- Ms. Eaton: Yes, it does, with photographs, descriptions -- Chairman Teele: Of all of the historic properties? Ms. Eaton: Yes. Yes, it does. Chairman Teele: I thought you said we didn't have that. Ms. Eaton: No, no. I said we did have that, as well as a brochure, a four multi -color brochure. Commissioner Regalado: But she said the markers, not the -- Chairman Teele: OK. Ms. Eaton: Yeah. The only thing we haven't done is the markers. Chairman Teele: OK. I think it would be really nice if we would publish a document, annually, that shows -- you know, because it's just a question of updating. Ms. Eaton: Yeah. We'd be happy to do that. Chairman Teele: We're moving a hundred miles an hour, and I think Commissioner Winton and all of the Commissioners are very much supportive of this, and I just think we're so far behind -- I hate to say this, because he's still in the room -- Miami Beach and Coral Gables and some of these other places that have really taken lead in that, so we want to be with you on this. All right. The motion is adopted as it relates to the markers and, again, I would encourage you all to work with Community Development in seeing if there's a way that can be brought forth as City ofMiami Page 214 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 an item, because it's clearly an eligible activity of our -- of funding. Ms. Eaton: Thank you. We'd be happy to. Chairman Teele: Further discussion on this? And I think this is a good day for historic preservation. Thank you all very much. PZ.34 04-00002a ORDINANCE First Reading Votes: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD" BY PROVIDING THAT THE BOARD MAY INCLUDE PALEONTOLOGICAL SITES ON A HISTORIC SURVEY, AND THAT PERSONNEL ASSIGNED TO THE BOARD WILL INCLUDE AN ARCHEOLOGICAL STAFF MEMBER OR CONSULTANT AND CORRECTING NAME OF PLANNING AND ZONING DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00002a SR Fact Sheet.PDF 04-00002a SR Legislation.PDF 04-00002a FR Fact Sheet.PDF 04-00002a FR 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 provide for an archeological staff member or consultant to assist the City to add paleontological sites to historic surveys, and to enact certain "housekeeping" measures. NOTES: This is a companion to File ID 04-00002. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton Sarah Eaton (Preservation Officer, City ofMiami): Commissioner Teele, PZ.34 is a companion item that does commit staff or a consultant to administer the archeological requirements that the County has imposed. Chairman Teele: Oh, I apologize. It's moved and -- Commissioner Gonzalez: Second. City ofMiami Page 215 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: It's a public hearing. Any person desiring to be heard regarding the ordinance entitled Historic and Environmental Preservation Board should come forward. There are no persons coming forward. Mr. Attorney, would you read the title? The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Would you repeat that word for me? Mr. Maxwell: Paleontol -- Ms. Eaton: Paleontological. Mr. Maxwell: Paleontological. Commissioner Regalado: Just say old things. Chairman Teele: Like they used to say in my school, "elephant." It's the big word. Elephant word and keep reading. Madam Clerk, you want to call the roll. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. Chairman Teele: All right. Ms. Eaton: Thank you. Chairman Teele: Now, do you have any other historic items, other than -- I guess the Spring Garden is quasi historic. It's not really -- is there anything else you'd like for us to take up for you today? Ms. Eaton: No, no. That was all. Thank you. Chairman Teele: Did you want to introduce the new staff person? I think -- Ms. Eaton: Yes. I'd like to introduce Jennifer Warren, our Historic Preservation Planner, who's been with us for about a month -- I mean, a year, and is doing an outstanding job. Chairman Teele: Jennifer, you want to come and put your name and everything on the record? Tell us about yourself. Jennifer Warren: Hi. I'm Jennifer Warren. I'm Preservation Planner with the City. I've been here a year now. Chairman Teele: And you came -- where are you coming in from? Ms. Warren: Originally from Virginia. Chairman Teele: Great. Well, we really need all the help we can get. Ms. Warren: Thank you. Commissioner Regalado: Now, just a question. On this item, PZ.34, we just authorized an archaeologist, a staff member, right, or a consultant? City ofMiami Page 216 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: A consultant, I thought. Ms. Eaton: Yes. Commissioner Regalado: No, but they may want -- they could do a staff -- my question is very simple. Do we have to depend for any ruling on the County's archeological people? Ms. Eaton: Not if you adopt this ordinance, which is a companion ordinance. Commissioner Regalado: Not if we adopt this ordinance, so we can do our own thing. We don't have to invite -- Ms. Eaton: That's correct. Commissioner Regalado: -- the people from the County? Ms. Eaton: That's correct. Commissioner Regalado: OK City ofMiami Page 217 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 NA.1 04-00062 DISCUSSION ITEM Discussion regarding Martin Luther King, Jr. holiday being one of two holidays when there is no garbage pickup. DISCUSSED Commissioner Regalado: Last Monday, Martin Luther King Day, national holiday, one of the only two days in the year that the City ofMiami does not pick up garbage, but people didn't know, and all the garbage cans, huge, were outside on west Little Havana, which is a Monday pickup, everybody took out their garbage. Monday pickup wasn't done because I still say -- and you know what happens is that people are used to so very good service that when this one day garbage is not picked up, they really complain. You guys don't pick up the trash. You know, the garbage is there. It's been there for a week. It's a problem. I still say, guys, every time that we have an important thing to say to the people ofMiami, just do something that we can stick to the garbage can, because everybody -- I -- you know, Igo and pick up my garbage, bring it back. Everybody has to see it. It doesn't cost that much to do it, and had we done that on the Friday or the Thursday or the Wednesday before Martin Luther King Day, it would have been no problem, but the people really complained. Thank you. Chairman Teele: Very good point. NA.2 04-00064 DISCUSSION ITEM Vice Chairman Sanchez expressed his concerns related to Community Development issues. DISCUSSED Brief discussion between Vice Chairman Sanchez and Barbara Rodriguez. Vice Chairman Sanchez: Mr. Chairman, ifI could just deviate from the order of the day just for a second. Barbara, -- Madam Director, I believe we -- City Manager, yourself and myself will be having a meeting at lunch due to an issue -- Barbara Rodriguez (Director, Community Development): Correct. We have a -- I have a meeting with -- Chairman Teele: No, no. I yield to him. Ms. Rodriguez: OK Vice Chairman Sanchez: Well, I -- it doesn't matter. I just need to see you today on an issue that I thought we had resolved, but it continues to be a pending issue. Ms. Rodriguez: It has, and we will bring the papers to you. Vice Chairman Sanchez: Please. If not, as I stated, I am a gentleman as always, a very professional, and if we don't resolve it here, then I'm going to bring it to the Commissioner and have the public -- Ms. Rodriguez: It was resolved after we met. We have the documentation and I have my staff Daniel Guzman, bringing them. Vice Chairman Sanchez: Apparently, that's your side. The other side so states that they have City ofMiami Page 218 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 not been resolved and -- Ms. Rodriguez: OK Vice Chairman Sanchez: -- if we don't take care of the problem, they will not be getting paid tomorrow, and it's a big concern to me because if there is a machine of revitalization that's going on in that area, it's because of the Facade Program that small business opportunity is providing -- Ms. Rodriguez: We will bring you the -- Vice Chairman Sanchez: But it's a very important issue to me that I think today we could resolve. Ms. Rodriguez: We will. Vice Chairman Sanchez: Thank you. Chairman Teele: All right. And, Ms. Rodriguez, I'd be more than happy for you to meet with the Commissioner and -- when that meeting's over. NA.3 04-00055 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPOINT AN ADVISORY AND OVERSIGHT COMMITTEE ("COMMITTEE") TO THE BOARD OF DIRECTORS (" BOARD") OF THE LITTLE HAITI EDISON FEDERAL CREDIT UNION (" CREDIT UNION") OF NOT LESS THAN THREE (3) NOR MORE THAN SEVEN (7) PERSONS FROM GOVERNMENT AND PRIVATE SECTORS TO INCLUDE BUT NOT BE LIMITED TO PROVIDING: (1) A REVIEW OF ALL GOVERNMENT DOLLARS ("DONATED GOVERNMENT FUNDS") THAT HAVE BEEN INFUSED INTO THE CREDIT UNION TO SUPPORT OPERATION OF THE CREDIT UNION, (2) A RECOMMENDATION FOR THE AMOUNT OF DONATED GOVERNMENT FUNDS NECESSARY FOR THE CREDIT UNION TO BECOME SELF-SUFFICIENT IN THE NEXT 3 YEARS, (3) A SURVEY OF SIMILARLY SITUATED CREDIT UNIONS IN THE SOUTH FLORIDA AREA THAT HAVE RECEIVED DONATED GOVERNMENT FUNDS AND THE AMOUNTS RECEIVED, AND (4) A PLAN FOR SELF-SUFFICIENCY WITHIN THREE (3) YEARS, APPROVED BY THE BOARD OF DIRECTORS, AND APPROVED AND AUTHORIZED BY THE NATIONAL CREDIT UNION ADMINISTRATION ("NCUA"), WHICH PLAN IS ANALYZED AND REVIEWED BY THE NCUA TO BE FULLY COMPLIANT WITH APPLICABLE REGULATIONS; INSTRUCTING THE CITY ATTORNEY TO PROVIDE LEGAL ADVICE TO THE COMMITTEE; FURTHER DIRECTING THE CITY MANAGER TO PRESENT A THREE- YEAR PLAN FOR SELF-SUFFICIENCY TO THE BOARD AND THE CITY COMMISSION AT THE MARCH 12, 2004 CITY COMMISSION MEETING; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE NCUA UNDER SEAL. 04-00055 - petition.pdf City ofMiami Page 219 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Teele Absent: 2 - Commissioner Regalado and Winton R-04-0042 Direction to the City Clerk: by Chairman Teele to transmit a copy of Resolution establishing an Advisory and Oversight Committee to the Board of Directors of the Little Haiti Edison Federal Credit Union to the National Credit Union Administration. [Clerk mailed letter with transmittal resolution on January 26, 2004.] Chairman Teele: All right. Commissioners, I realize the time is upon us. We received a call very recently from the community, and I must say this. The way that the Little Haiti Edison Credit Union has handled this has been the most appropriate, the most concerned, but yet dignified. I've had over 20 calls today into my office offering support. The fact that you all have come in here, you've witnessed the Commission meeting, there hadn't been a lot of grumbling and all of that, just puts us all in a much better mood to fry to deal with the problem. The challenge, Commissioners, is the fact that this Commission, this government has been supporting the Little Haiti Credit Union through government -donated funds, as the County does, et cetera. They have come to us for an additional request and basically, I told them that could not recommend any additional money until we knew where we are with this, and so what is going to be before us is a resolution that will authorize the Manager to establish an advisory and oversight board to work with their board of directors, and to come back to us with a Comprehensive Plan, and I think one thing -- I want to say this. I did not know that we have such qualified, uniquely qualified staff. I did not know that our Budget Director, not only has been a banker and a fiscal officer in a bank, but also was a banker in a community bank in the African American community, and so, again, Mr. Manager, it's a reflection on the kind of talent that you're bringing in. I really appreciate the fact-- to learn about Mr. Spring's background, which candidly, I didn't know, so without further ado, we're going to limit this to about five minutes. We're going to ask Mr. Jones, Leroy Jones, David -- Mr. David Harder, Jerome Jeremy, and Fernidine Fertil (phonetic). Are those persons here? How did you all want to proceed, Mr. Jones? You want to just give us your name on the record? Leroy Jones: By the way, these are all -- Chairman Teele: Your name for the record. Mr. Jones: Leroy Jones, 180 Northwest 62nd Street. I'm not here representing Neighbors And Neighbors Association. I have been selected to be the chairperson of the Committee to Save the Little Haiti Edison Federal Credit Union. (INAUDIBLE COMMENTS) Mr. Jones: Yes, sir, yes, sir, and I hope I wear them well. It's a lot of needs in our community, and I just want to be a part of change. I don't want to leave this world not thinking that left some kind of change that people can be proud of so -- you know, I'm geared by that, so I thank you for that, Commissioner Sanchez, recognizing the things that do, but do want to say, as the selected person to be the chairperson of the Edison Little River -- Edison -- the Little Haiti Edison Federal Credit Union, we noticed some changes recently in the past few months with the NCUA (National Credit Union Administration) coming in wanting to merge our credit union with another credit union, that we felt that would not keep the mission of our credit union and I say our credit union because I'm a shareholder. I'm a depositor of that credit union. My account is at that credit union, my kids' account, my mother's, my sister, my uncles, my cousins all have accounts at the Little Haiti Credit Union, and as you know, a community is only as good City ofMiami Page 220 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 as its businesses. If the business is thriving, then the community thrives. If the business is dying, then the community dies, and for us to sit back and not be concerned about this financial institution would be a great injustice in our neighborhood, because we have a financial institution in our neighborhood that helping people that normally traditional banks would not help, at all, and it's some success stories in this crowd right here of people that had accounts at traditional banks that couldn't get assistance, but through the Little Haiti Edison Federal Credit Union was able to do that, so I'm here today as someone that's, not only concerned about the neighborhood and not only the chairperson of the Committee to Save the Little Haiti Credit Union, but as a shareholder of the Little Haiti Credit Union, and knowing -- because I help small businesses -- knowing the need of having somebody in your neighborhood that can relate to your needs, so without further ado, we'd like to call up some speakers. We'd like to call the chairperson of the Little Haiti Credit Union, and any questions that you might have, we have the young lady, Ms. Quarterman here, who runs the credit union, that can give you any information that you need in reference to the credit union, so I thank you, Commissioner Teele. Chairman Teele: Thank you very much. David Harder: Thank you, Leroy. Mr. Chairman, my name is David Harder. I am the chair of the Little Haiti Edison Federal Credit Union, and we've been in existence for approximately four years. Today -- as of today, we have almost thirteen hundred members of the Little Haiti area in the credit union. Over the last four years, we've done approximately four million dollars worth of lending to members of the credit union in the Little Haiti area, and we feel very strongly convicted that this is a financial institution that can have and does have a huge impact in the Little Haiti area. It is a Community Development Financial Institution or a CDFI, and at the latter part of 2003, we received our first hundred and twenty thousand dollar grant from the Treasury to forward our economic development initiative and continue to work with businesses in the community. It is critical to get the support we need to move towards being a self- sustaining financial institution. It's never easy in the banking community to maintain a positive balance sheet, regardless of how big you are or how small you are, and for us it's critical that we move in the direction of continuing to be self-sustaining as an organization. We feel that we can move in that direction and we want to seek your support, and we thank you for the support that we have received so far, and at this point in time, I just appreciate your willingness to hear us out, and I'll turn it back to Leroy. Chairman Teele: Could we hear from Ms. Quarterman? I think she needs to be on the record. Where's Ms. Quarterman? You need to come and give your name and address. You are a director, as well, right, Ms. Quarterman? Faith Quarterman: Hi. My name is -- I'm sorry. I'm sick today but my name is Faith Quarterman and I'm the President and CEO (Chief Executive Officer) of the Little Haiti Edison Federal Credit Union. Chairman Teele: And you're a director -- one of the five directors, right? Ms. Quarterman: Yes. Chairman Teele: All right. Thank you. Who else did we want to hear from? J. Jerome Jeanty: Good morning. My name is J. Jerome Jeanty. I'm here -- I'm an account holder with the Little Haiti Federal Credit Union. I'm here on behalf of trying to see how perhaps that the City Commission could initiate some support to save the credit union. I'm aware that, you know, previously, we mentioned that you could do something, whereas appointing a team to see to evaluate the situation and to see, up to what level the Commission could aid and assist the credit union with its need to remain in the community. Now, also, what I am asking is that for some of the support the credit union need, I would like to know, would that City ofMiami Page 221 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 fall under the Homeland Defense funds to initiate some grant for that? Chairman Teele: Homeland Defense are strictly for capital projects that are City owned, building, parks, roads, the kind of infrastructure projects that we're doing, so no homeland security dollars are available for this project, at all. Mr. Jeanty: OK. What type of dollars would be available? Chairman Teele: Well, that's what we're going to look into and find out. Primarily, Community Development dollars, I would think, and of course, general fund dollars to the extend they're available. Mr. Jeanty: OK. As well, now with that then the credit union that we know that is located right here in 6201 Northeast 2nd Avenue, in the heart of Little Haiti, and as the President of the credit union, the board mentioned that within the community itself there are over a thousand plus members that lives within the Little Haiti boundaries itself. Now, we know that one example that we used, we know that also that there are a lot of members -- residents within the Little Haiti area, as well as Miami -Dade County that a lot of these people bank with other larger financial institutions that generates a lot of avenue from fees, and one of the reasons I would like to point out, that the credit union may not be able to -- that it needs the assistance because the credit union has no fees, and if it doesn't have fees, it doesn't charge members fees, because one of the reasons it doesn't because it is a community base, a community redevelopment style of credit union, so it is in the starving need of the Commission of the City to get some funding so we could remain its existence in the credit -- in the community. It is a landmark. It's been here for four years, and that can only continue and will continue with getting the proper type of funding and the aiding that we need, so -- Chairman Teele: And you are aware that the City has been providing financial assistance based upon everything that you've just outlined? Mr. Jeanty: Yes, I'm aware that the City has provided some assistance, and while I think that in my opinion, with seeing that (UNINTELLIGIBLE) I think that within -- if we could if the City can provide some multi year funding, approximately about two hundred thousand dollars a year for three years, I think that could take care of a lot of the problems that we have. Chairman Teele: And that's what we're going to find out. Mr. Jeanty: Yes. Chairman Teele: I think you may be right, and I hope you're right, but we're going to find out whether or not you and I are right. Vice Chairman Sanchez: Are they getting CD (Community Development) assistance? Mr. Jones: Yes. Vice Chairman Sanchez: CD assistance. Chairman Teele: They have been getting CD assistance, and, of course, the issue right now is they're in a very difficult situation, but my position is that we need to have a plan -- Vice Chairman Sanchez: Absolutely. Chairman Teele: -- and not do a year-to-year kind of thing, and -- City ofMiami Page 222 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Vice Chairman Sanchez: Now, when I hear the word "save" are -- are you -- are they -- are you all in some type of violations of SEC (U.S. Securities and Exchange Commission) or any -- I mean, you've got to be careful to use that word, "save." Chairman Teele: It's a good word in this case. Mr. Jeanty: Yes. Mr. Jones: Yeah, right. Mr. Jeanty: Well, the reason I utilized the word, "save" was because that the NCUA, I think that they have some -- Chairman Teele: The National Credit Union Administration, NCUA. Mr. Jeanty: Exactly. I guess suggested that for the Little Haiti Federal Credit Union to merge with Mount Sinai Credit Union, and -- Vice Chairman Sanchez: I'm all for the oversight to assist you to become self-sufficient. Now, are you -- when you talk about funds -- CD gives you funds. Are you asking for additional funds or -- ? Mr. Jeanty: That is correct, additional funds. Vice Chairman Sanchez: This -- all this does, this committee, which we put together will come back with a recommendation as to what it will take to assist you. Mr. Jeanty: Correct. Chairman Teele: Let me fry to help you. They have a committee, which they're here on. What I am proposing to you and the Manager is that we set up a committee, an advisory committee that will advise their board of directors, will work with our CD Department, will work to the extent that we can with the NCUA and any other credit union to come back with a plan for the -- for how much more money we're going to be putting in, how long, or whether or not we're going to put any money in, because candidly, the question we've got to deal with head on is, can it be saved, and it's probably going to require not just money, but a plan of action from the board of directors that they've got to agree to meet, because at the end of the day, this is all about membership and if they can't get to -- I would assume the number is about three thousand members? What's the right number? Where do you all need to be? Vice Chairman Sanchez: Three thousand to be self-sufficient? Ms. Quarterman: Approximately, yes. Vice Chairman Sanchez: OK. All right. Chairman Teele: So, that's what we've got to look at, and we can't do it alone, and the thing that is before us is a resolution from their board of directors, because I told them, I would not bring this to you and the Manager if we didn't have a resolution from the board of directors of the credit union saying we agree to this process. Vice Chairman Sanchez: Well, I think you've answered some of the questions and concerns that I have, so I'm prepared, when the public hearing is closed, to make the motion. Chairman Teele: All right. Thank you. City ofMiami Page 223 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Mr. Jeanty: Thank you. Chairman Teele: Was there anyone else that needed to be heard? Do we have any other directors that are here? how many directors are here? One, two. And there are five directors. Vice Chairman Sanchez: Mr. Chairman, could all the directors state their names and address on the record? Chairman Teele: Yeah, that's a good point. Would the board -- members of the board of directors, the five members of the board of directors that are present, please come forward and state your name and address for the record. I think you've already done that. Mr. Harder: I have done that, yes. Chairman Teele: Your name again, sir. Mr. Harder: My name again? OK Chairman Teele: As director. Mr. Harder: My name is David Harder. I am chair of the board of directors for the Little Haiti Edison Federal Credit Union. Vice Chairman Sanchez: And, sir, are you a board of directors? Sir, with the glasses and the red shirt, are you a board of directors? Ms. Quarterman: No. Vice Chairman Sanchez: Oh, OK, because he stood up. Chairman Teele: Ma'am. Ms. Quarterman: I am Faith Quarterman, President of the board. Chairman Teele: And director. Ms. Quarterman: For the director for Little Haiti Credit Union. Chairman Teele: And am I correct, there are a total of five directors? Mr. Harder: There are five members of the board, yes. There are five directors, yes. Chairman Teele: All right. Commissioners, it's late. Have you all heard enough to be comfortable -- Vice Chairman Sanchez: Mr. City Manager, I'd like to get the opinion of the City Manager. Joe Arriola (City Manager): Well, I'm all for it. As a matter of fact, I was -- I'm very happy to report that not only is Larry spring volunteering for this, but Peter Korinis, who had a major role with the Navy's Credit Union, has also volunteered, so we'll have two folks with lots and lots of experience, one from banking and one from credit union side that have volunteered to be part of this, so I am -- I'm very much for it, and we're going to support it. Chairman Teele: Mr. Attorney, would you read the resolution carefully and slowly so everybody City ofMiami Page 224 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 hears it, and see if Commissioner Sanchez would be willing to move that? The Resolution was read by title into the public record by the City Attorney. Vice Chairman Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded to establish a work -- committee to work to identify the dollars necessary for self-sufficiency over a three-year period of time, and to identify where those dollars should come from, conditioned again on the board of directors of the credit union, those five individuals agreeing to a plan and agreeing to work with our committee, and it's very important that the board of directors be a part of this. Is there objection, or do you all have concerns about that? Mr. Jones: No, Commissioner. We feel very comfortable with that. We just want the City to keep in mind is that we looking at a deadline here, a time frame, so we need something to give to the NCUA to let them know that the City is going to sit down and work with the credit union so that we can move forth with this, and that's our -- Vice Chairman Sanchez: (INAUDIBLE) March 12th? Mr. Jones: Sir? Vice Chairman Sanchez: Is March 12 sufficient time? Mr. Jones: March the 12th? Yeah, but if we can get something in writing as soon as possible, then that will give us something to give to them so that they'll know that we working, you know, for -- Chairman Teele: I have contacted the NCUA in Atlanta and advised them that we -- if we approve this today, we will transmit this resolution -- Mr. Jones: OK. Chairman Teele: -- to them by the Clerk's Office, under seal, so that itself will be sufficient. Mr. Jones: Yes, sir. OK. IfI can just close with this, I'd just like to thank all the members of the credit union who -- I think you all might have copies of petitions that we've been getting signed from the community, see that we are interested and that we love our credit union, so I just want to thank the people who took the day off from work to come down here to meet you all, to let you hear our cry. The second thing is, I want to encourage all the members of the City ofMiami, as long as you work, live, or worship in the target area, you don't have to live there. If you work there, if you worship there, if you're a part of an organization that's in a target area, you can join our credit union, so I just would like for everybody who would watch this on TV (television) or listening that, please, come and join our credit union because that's what we need most of all - members, and for -- we only been around for four years and have approximately two thousand members already. That's great. So we -- the credit union is staying on its mission. It's getting accounts, so it's doing great, so I'd just like to encourage people to please come and open up accounts at our credit unions. Chairman Teele: All right, and we will hear that, and again, I think the most important thing is that we work together, the outreach, et cetera, and the final point, Mr. Manager, is thatl would appreciate if you would communicate to the Mayor on this, because I think one of the clearest ways to deal with the poverty and this poverty initiative is to deal with the creation offinancial City ofMiami Page 225 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 institutions, and I would appreciate if someone from the Mayor's poverty initiative is also a part of this, so that we can make that linkage. On the motion, Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The resolution -- Chairman Teele: Thank you very much. (Applause) Chairman Teele: We'll come back at 3 p.m. NA.4 04-00065 DISCUSSION ITEM Mr. Brian Dennis, from Brothers of the Same Mind, thanked the Commission, for allowing said organization to work with the community and the City of Miami Police Department during the Martin Luther King, Jr. parade. DISCUSSED Chairman Teele: PZ.1. The Chair is aware that apparently somebody would like -- Mr. Dennis, you want two minutes, one minute to say "thank you," not to cuss us out? OK. Well, you're recognized. Brian Dennis: Good evening, Mr. Chairman and Commissioners. Brian Dennis, address, 4055 Northwest 17th Avenue. Chairman Teele: Ladies and gentlemen, please come in. Have a seat quietly. There are plenty of seats in the center here, and, Sergeant at Arms, if you all would help direct the people, it would be helpful. Thank you. Mr. Dennis: The address again is 4055 Northwest 17th Avenue, Suite 2. Niccolo Machiavelli once wrote in the book, The Prince, that the first impression that one gets of a ruler is admitting the brains that he have about himself and for the last three years, this Commission has allowed the Brothers of the Same Mind to work with members of the community during the MLK (Martin Luther King) Parade. Each year that this happens, we find people that want to work, and what it is does is it makes the event more successful, and it's like the police have a day off. Without the blessing of the Commission, a lot of things that we do would not even happen. The first thing we would like to do, as far as the award goes, is to publicly acknowledge, from the City ofMiami Commissioners, that you all helped us with the 20 new businesses at a hundred thousand dollars, to start 20 businesses at five thousand dollars a piece. That transition is going smoothly, and we're in the process of educating those business owners that are ex felons, but, again, I'm here basically to tell you all thank you, and to issue you all a certificate of appreciation for the generous -- generosity of work in our community during the Martin -- MLK Parade, and, again, year after year after year, regardless of what our issue has been, this Commission has shown and given us the opportunity to actually prove whatever it is that we say that we can do, and had you all not done this, a lot of things that we do, again, would not happen, so, again, we'd like to thank you. From the money, we was able to work 75 people. We bought t-shirts that will be used yearly, each year that the parade is done, and these are things that do not happen, again, unless this Commission happen, so, as a Chairman, Commissioner Teele, as the former Chairman, Commissioner Regalado, and as the former Chairman, Commissioner Winton, each year that we was able to work the parade, each year someone on this Commission, as the Chair, has acknowledged this. The extra monies that was given by Commissioners Regalado and Sanchez, we really appreciate that because it allowed us to do a little more than what we could City ofMiami Page 226 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 have done with just the normal fee that you all give us, so, again, we'd like to thank you all. (Applause) Chairman Teele: All right. And just so that the public is aware, the organization, Brothers of the Same Mind, provides volunteer parade marshals and security during the historic Martin Luther King Parade that all of us go to, and each year the incidents and problems have gone down, and that's largely as a result of having 75 people that live in the community and clearly identified as parade marshals working with our police, and thank you, Brian Dennis, for your efforts and that of Brothers of the Same Mind. We appreciate the thought. NA.5 04-00066 DISCUSSION ITEM City of New York's ordinance related to lead paint removal. DISCUSSED Direction to the City Attorney and City Administration: by Chairman Teele to obtain a copy of the City of New York ordinance related to lead paint removal. Chairman Teele: Mr. Attorney and Madam Director, the City of New York apparently passed an ordinance really recently related to -- hold on -- related to lead paint, lead paint removal in New York, their Board of Estimates. Could you and the City Attorney get a copy of that and give us your interpretation as to whether we'd like to look at something similar to that, please? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Teele: City of New York, lead paint ordinance. Mr. Maxwell: You said City or State? Chairman Teele: City. Mr. Maxwell: City of New York. OK Chairman Teele: New York City. NA.6 04-00057 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II, SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ADMINISTRATION/MAYOR AND CITY COMMISSION; MORE PARTICULARLY BY AMENDING SECTION 2-33, ENTITLED ORDER OF BUSINESS AND RULES OF PROCEDURE, TO REQUIRE THE CONCURRENCE OF FOUR (4) AFFIRMATIVE VOTES FOR APPROVAL OF ANY ITEM PERTAINING TO THE ESTABLISHMENT OF A RESCUE MISSION, THE CONTINUATION OF A RESCUE MISSION, OR ACTION RELATING TO A RESCUE MISSION, AS WELL AS ANY VOTE ON A RESCUE MISSION ARISING PURSUANT TO THE ZONING ORDINANCE OR COMPREHENSIVE PLAN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00057-cover memo.pdf 04-00057 - submission - correspondence.pdf City ofMiami Page 227 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 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 Teele Absent: 2 - Commissioner Sanchez and Winton A motion was made by Commissioner Gonzalez, seconded by Commissioner Sanchez, and passed unanimously, with Commissioner Winton absent, to instruct the City Attorney to draft appropriate legislation to require the unanimous concurrence of all Commissioners present for approval of any item pertaining to the establishment of a rescue mission in the City ofMiami. ( Subsequently, the ordinance above was PASSED on First Reading). Chairman Teele: All right. Mr. Manager, we just deferred Discussion Item Number 2 relating to the Marlins. Are there any other matters on the agenda, Madam Clerk or Mr. Attorney that you all have open from the agenda this morning? Joel Maxwell (Deputy City Attorney): No, sir. Priscilla A. Thompson (City Clerk): No, sir. Mr. Maxwell: I don't. You have anything, Alex? Alejandro Vilarello (City Attorney): No, sir. Chairman Teele: OK. What we'd like to do now is we deferred two items, I think, from this morning. Alex, what were those two items? One of them related to homeless property. Mr. Vilarello: You asked us to bring back an ordinance that addressed a procedural issue of unanimous consent for the location of a rescue mission. Chairman Teele: All right. Would you pass this to Commissioner Gonzalez and see if he would like to sponsor it at this time for first reading. We'll take it up for second reading at a later date. All right. Why don't we do this. Why don't we read this ordinance into the record at this time, and then we'll see if it's what we want to do. Commissioner Gonzalez: Yes, sir. I'm willing to sponsor it. Chairman Teele: Thank you. Mr. Maxwell: You've got to vote on it? You've got a motion? Chairman Teele: Yes. Mr. Maxwell: Motion vote? Chairman Teele: Just read the ordinance into the record. Mr. Maxwell: OK. The ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Gonzalez: So move, Mr. Chairman. Chairman Teele: All right, it's moved. Commissioner Regalado: Second. City ofMiami Page 228 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Public hearing. Any person desiring to be heard on this item should come forward. If not, the public hearing is closed, and it'll be published for second reading -- this is not an emergency -- it'll be published for second reading -- when? -- for the 26th? For the 26th. All right. Madam Clerk, would you call the roll. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has passed on first reading, 3/0. NA.7 04-00067 DISCUSSION ITEM Directing the Manager to bring forth an amendment to Ordinance 12453, adopted on December 18, 2003. DISCUSSED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to direct the City Manager to bring forth an amendment to Ordinance 12453, which was adopted on December 18, 2003, which provided an alternative method for property owners to vacate and close alleys abudding residential parcels of land zoned R-1 and/or R-2 only; to amend said ordinance to include commercially zoned parcels and bring said amendment before the Commission for consideration as soon as possible; further proposing to waive Planning and Zoning application fees, in the amount of $2, 500. Direction to the City Manager: by Chairman Teele to arrange for a citywide survey of all alleyways in the City ofMiami, showing which alleys are being maintained, which are fenced in. Chairman Teele: All right. Pocket items or other matters. Mr. Manager, did you have anything that needed to be discussed? Joe Arriola (City Manager): No, we do not. Chairman Teele: Pocket items or any other matters that need to be -- Commissioner Regalado? Commissioner Gonzalez: I have a pocket one. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I have one pocket item. Commissioners, on December 18, 2003, this Commission adopted Ordinance Number 12453, which provides, as you know, an alternative method for property owners to vacate and close alleys abutting residential parcels of land zoned R-1 and/or R-2 only. I would like the City Manager to initiate all procedures necessary to amend that ordinance to include commercially zoned parcels, and bring such amendment before this Commission for our consideration as soon as possible. So move. Commissioner Regalado: Second. Chairman Teele: Yes. Vice Chairman Sanchez: On the issue. Commissioner Gonzalez: Yes, sir. City ofMiami Page 229 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Vice Chairman Sanchez: I would like to amend the motion as presented by Commissioner Angel Gonzalez on waiving of the PZ (Planning and Zoning) fees, which is $2,500 in that process. Let me tell you why. There will be, as it was stated, an applicational (sic) fee of $500; also, a $2,500 applicational fee for the planning and zoning process. That is a total of $3, 000 to have any property owner who wants to take over the alleyway. In other words, they will share the alleyway 50/50. However, as it is right now, a lot of the property owners -- the alleyway is not theirs. However, the City puts it upon themselves, the property owners, to maintain the alleyway. Commissioner Gonzalez: Right. Vice Chairman Sanchez: And in many ways, I think it's a big injustice to have people do that. I mean, if you have a six-foot wood fence, you have to walk all the way around, going through the alleyway and maintain the back of the alleyway, so in your motion -- Commissioner Gonzalez: I accept the amendment. Vice Chairman Sanchez: -- if you accept the motion, I would like to amend it by waiving the $2, 500 PZ applicational fee. In other words, the $500 applicational fee will stay in place, but we will ask that the $2,500 PZ fee be waived by the City. Commissioner Gonzalez: Mr. Chairman, the maker of the motion accepts the amendment. Commissioner Regalado: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, let me just say this, folks: We're not supposed to do anything that has a fiscal impact on pocket items unless we're bringing the money forward. It's passed, it's done, but we need to be real careful about waiving fees as a pocket item, because we don't know what the fiscal impact is, et cetera. Joel Maxwell (Deputy City Attorney): I believe -- ifI may, Mr. Chairman. The item that was just passed was a direction to the Manager -- Commissioner Gonzalez: Direction to the Manager. Mr. Maxwell: -- to initiate the process, so the ordinance making those changes would come back Chairman Teele: 100 percent correct. OK. Then you're 100 -- that's exactly what we want to do. Thank you. Vice Chairman Sanchez: In other words, it'll come back from the City Manager as -- Chairman Teele: It'll come back, yes. Vice Chairman Sanchez: -- based on the directive that we send. Chairman Teele: With the fiscal impact, and with all of that and -- all that. Mr. Maxwell: Yeah. City ofMiami Page 230 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: But we're talking about a very narrow class of categories. Commissioner Gonzalez: We're requesting the City Manager to bring -- Chairman Teele: Yeah, and what we need to know is, about how many of those do we do a year, you know, so we're being realistic, in the last, say, two or three years? I think it's negligible, but still, I think we need to put it in the system and let them react to it. Vice Chairman Sanchez: And as a matter of fact, there are residents out there already doing it, because in the old system, your frash was picked up and all deliveries were done through alleyways. Nowadays, your trash is picked up in front of the house, so there's no use for alleyways, and in many ways, these alleyways are becoming a deteriorator (sic) of quality of quality of life in a lot of the communities, so this is a win/win situation for everything, but the hardship of some of the residents to come up with $3, 000 to have all those applications -- in other words, we want to simplify the process, and it's a win/win situation, because at the end of the day, I think there's also a one-year free waiver, and then the next year, they're taxed for the property. It really takes that property off our hands, and they maintain it. Chairman Teele: And it puts it on the tax roll. Vice Chairman Sanchez: Exactly, and -- and there's more benefits. There are a lot of people out there that may just need an extra foot or two to be able to build a pool, or fall within compliance of illegal stuff that they've done to their home, so, you know, it benefits the owners and it also benefits the City ofMiami, because it puts properties onto our tax roll. Commissioner Gonzalez: Mr. Chairman -- Chairman Teele: I will make one other observation on that, because I think what -- I think this is very important for everybody that's in this business to focus in on it. Now, one of the things that really needs to be done is that we need to do a survey citywide of how many alleyways, et cetera we have out there, because one of the problems we have is we've got a lot of alleyways that we own, we own the alleyways, but we have no idea whether or not they're being maintained, whether they've been fenced in, and a lot of it is just going back, cleaning this stuff up. Commissioner Gonzalez: Right. Chairman Teele: And I know we're in that in Little Haiti right now where we've got land that's alleyways that people -- Commissioner Gonzalez: What really motivated me to do this today was, you know, it's what I observed going out with the Quality of Life Task Force at night on -- especially in these commercial areas. What you find at night on those alleys behind the warehouses and the commercial properties is incredible. Chairman Teele: Right. Commissioner Gonzalez: So, you know, that really motivated me to bring this up to -- Chairman Teele: Thank you very much. Commissioner Gonzalez: -- my colleagues. NA.8 04-00058 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN City ofMiami Page 231 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 ADDITIONAL POSITION FOR AN ASSISTANT CITY ATTORNEY; THE AMOUNT NOT TO EXCEED $35,000, PLUS THE COST OF BENEFITS AND EMOLUMENTS TO BE ADDED TO THE BUDGET OF THE CITY ATTORNEY FOR THE BALANCE OF FISCAL YEAR 2003-2004. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0048 Chairman Teele: Other pocket items? Commissioner Regalado: I have. Chairman Teele: Commissioner Regalado. Vice Chairman Sanchez: Did we vote on it? Commissioner Regalado: As we discussed this morning, Mr. Chairman, this is a resolution of the Miami City Commission authorizing -- Vice Chairman Sanchez: I don't think we voted on it. Commissioner Regalado: -- an additional -- Chairman Teele: Did we vote on it? Commissioner Gonzalez: I don't think so. Vice Chairman Sanchez: We didn't vote on the pocket item, on the direction to the City Manager? Priscilla A. Thompson (City Clerk): Yes, we did. Vice Chairman Sanchez: We did? Ms. Thompson: You did. Vice Chairman Sanchez: I apologize. Chairman Teele: That's why I said I waited till the vote was over and then I made -- it was an error. Commissioner Regalado: OK. A resolution of the Miami City Commission authorizing an additional position for an Assistant City Attorney in an amount not to exceed $35, 000, plus the cost of benefits and emoluments to be added to the budget of the City Attorney for the balance of fiscal year 2003/2004, and this was discussed this morning with the Budget Director, and the Attorney suggested a resolution, so I move the resolution. Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 232 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: All opposed? NA.9 04-00054 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ROLLOVER OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO 55 YEARS & UP, INC. TO PROVIDE SOCIAL SERVICE ACTIVITIES IN DISTRICT 4; ALLOCATING FUNDS FROM THE 2003 DISTRICT 4 OFFICE BUDGET NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.920919.6. 930, SUBJECT TO BUDGETARY APPROVAL. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0049 Direction to the City Manager: by Chairman Teele to brief him on the parks foundation account. Chairman Teele: All right. Commissioner Regalado: Mr. Chairman, I have another one. It's a resolution of the Miami City Commission authorizing the rollover of funds in an amount not to exceed $5, 000 to 55 years and up to provide social service activities in District 4, allocating funds from the 2003 District 4 office budget non -departmental account code, and the number, subject to budgetary approval. Vice Chairman Sanchez: Second. Chairman Teele: How much you got left? Commissioner Regalado: Forty thousand dollars; is that right, Larry? Larry Spring (Director, Strategic Planning, Budgeting & Performance): He's OK. Vice Chairman Sanchez: He's OK. You know, it's like a credit card. Commissioner Regalado: And I was discussing with Larry the other day, and I thank you for that change of policy. Rollover stays with the same account, because in the past, rollover disappeared. Vice Chairman Sanchez: General fund. Chairman Teele: Well, this is not true citywide. There are certain accounts that are earmarked for non -rollover, butt would recommend, very strongly, Mr. Director, Budget Director that they not stay in that same account, but they move to a non -departmental special account. Otherwise, what you're going to have will be distortions between office budgets. They're available, but in a -- is that -- Mr. Spring: That's exactly how it is now. When the elected officials' rollovers occur, they roll over into an account, NDA (non -departmental account). What the Commissioner was referring to was the fact that I think prior to making this legislative change, the rollover from the prior year in the NDA account would disappear, and what we've done is make sure that that -- whatever remaining balance is in your rollover account is re -appropriated in the next fiscal City ofMiami Page 233 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 year. Chairman Teele: Didn't we also do something like this for parks? Mr. Spring: Yes, you have it in Parks, IT (Information Technology) and Public Facilities. Chairman Teele: I really at some point would like to get a briefing on the Parks Foundation Account where we're setting that up in the Dade Community Foundation. Mr. Spring: Yes, correct. Chairman Teele: Has that been done? Mr. Spring: I don't know the exact -- Chairman Teele: Are we still working on that? Unidentified Speaker: It has not been -- it hasn't been finalized. Mr. Spring: It has not been finalized. Chairman Teele: All right. We have a motion and a second regarding the District 4 account. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.10 04-00061 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE WEED AND SEED, INC." FIRST LEAD AWARENESS SYMPOSIUM FOR MEDICAL PROFESSIONALS," WHICH PROVIDED EDUCATION AS IT RELATES TO EXISTING LEAD HAZARDS, EXPOSURE CHANNELS, ITS IMPACT ON INFANT CHILDREN, ALONG WITH PREVENTION AND TREATMENT, HELD SATURDAY, FEBRUARY 7 , 2004, IN AN AMOUNT NOT TO EXCEED $1,500, ALLOCATING FUNDS FROM THE DISTRICT 5 SPECIAL EVENTS ACCOUNT CODE NO. 001000 .921054.6.289; FURTHER DIRECTING THAT THIS ALLOCATION BE MADE TO THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES TO ASSIST WITH THE RENTAL COST OF THE CITY -OWNED FACILITY AND OTHER EXPENDITURES. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0050 Chairman Teele: Do you have others? Commissioner Regalado: Yes, I do, Mr. Chairman. Resolution of the Miami City Commission providing support in an amount not to exceed fifteen hundred dollars to be expended from the City ofMiami Page 234 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 District 5 Special Events Account to facilitate the Weed and Seed first Lead Awareness Symposium for Medical Professionals, which provides education as it relates to existing lead hazards, exposure channels, its impact on infant children, along with probation and treatment, to be held Saturday, February 7th of 2004, directing that this allocation be made to the Conferences, Conventions and Public Facilities Department to assist with the rental cost of the City -owned facility and other expenditures. So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. NA.11 04-00068 DISCUSSION ITEM 2004 Latin Billboard Awards - Request for placement of banners throughout the City to promote the show. MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to authorize the City Manager to direct the Administration to work with Telemundo Broadcasting and the promoter of the Latin Billboard Awards, which will be held at the Miami Arena in April, 2004, regarding the placement of banners throughout the City to promote the show and consider co -sponsoring said event in order to waive banner permit fees as permitted by City Code. Commissioner Regalado: Mr. Chairman, another. This -- Chairman Teele: Thank you very much. Commissioner Regalado: This is a motion directing the adminisfration to work with Telemundo Broadcasting and the promoter of the Latin Billboards Awards that would be held at the Miami Arena next April, regarding the placement of banners throughout the City to promote the show. This is also a request that the adminisfration consider co -sponsoring this event, waiving banner permit fees, as permitted by the City Code. So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. NA.12 04-00069 DISCUSSION ITEM Request from Coconut Grove Special Events and Marketing Committee regarding request for waiver of the 120-day notice requirement and waiver of the 120-day complete application requirement for the Homestead Miami Speedway Indyfest to be held on February 26, 2004. ADOPTED City ofMiami Page 235 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to grant a waiver of the 120-day notice requirement for the Homestead Miami Speedway Indyfest to be held on February 26, 2004; and further to grant a waiver of the 120-day complete application requirement; said waiver requests at the request of the Coconut Grove Special Events and Marketing Committee. Commissioner Regalado: And the last is a motion that the City ofMiami Commission grant a waiver of the 120-day notice requirement for the Homestead/Miami Speedway Indy Fest, to be held on February 26, 2004. A motion that the City ofMiami Commission grant a waiver of the 120-day complete application requirement. This is coming from the Coconut Grove Special Events Marketing Committee. Chairman Teele: And it would be held in the Grove? Commissioner Regalado: Peacock Park. Chairman Teele: Peacock Park? Commissioner Regalado: Yeah. Chairman Teele: Is there a motion? Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Regalado: That's it. NA.13 04-00060 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY TO ALLOW THE CITY OF MIAMI TWO ADDITIONAL EARLY VOTING SITES FOR THE MARCH 9, 2004 PRESIDENTIAL PRIMARY; TO EXPEDITE SAID SITES TO BE: CARRIE P. MEEK CENTER AT CHARLES HADLEY PARK LOCATED AT 1300 NORTHWEST 50TH STREET, MIAMI, FLORIDA, AND CITY HALL LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA; ALLOCATING FUNDS FROM CITY CLERK'S OFFICE BUDGET PROFESSIONAL SERVICES ACCOUNT CODE NO. 001000.220101.6340. 270. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0051 Direction to the City Manager: by Chairman Teele to schedule an update of this issue on the agenda for the Commission Meeting currently scheduled for February 12, 2004. City ofMiami Page 236 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: Further items? If not -- Vice Chairman Sanchez: Move to adjourn. Chairman Teele: Always in order. Meeting stands adjourned. Commissioner Regalado: Thank you. Commissioner Gonzalez: Commissioner Regalado, that event that you're talking about is at the arena, it's our arena, right? Chairman Teele: Yeah. Commissioner Regalado: Our arena. Commissioner Gonzalez: That's the billboards? Chairman Teele: It's at the Miami Arena. Vice Chairman Sanchez: Thank you. Commissioner Regalado: Oh, yeah, yeah, yeah. One second, one second, one second. It's very important. Just I will take two minutes, and I forgot. We -- we really need to approve a resolution to be sent tomorrow to the County Elections Department requesting two early voting places in the City ofMiami. Chairman Teele: All right. We're going to have to do this. We're going to -- we're going to call the meeting to order. Commissioner Regalado: Right. Chairman Teele: And, Mr. Attorney, we are going to convene specially for the purpose of considering this one item. Commissioner Regalado: Early voting. Chairman Teele: Early voting, and in that there is no formal action taken, but a recommendation, I'm assuming, Mr. Attorney, that you all don't have an objection to this. All right. Commissioner Regalado: Mr. Chairman, very briefly. Last meeting, you directed me to meet with the City Clerk and discuss an -- early voting sites for the City ofMiami. Let me tell you that the County had some objections to early voting, being of the time constraint and all that, and places, but finally, the City Clerk was able to arrange at least two early voting sites for the March 9 presidential primary, so the early voting sites will be at Hadley Park and City Hall, plus the County's facility in downtown Miami, so the City ofMiami will have one early voting site at City Hall from Saturday to Saturday; Hadley Park, from Saturday to Saturday; and, of course, the downtown Miami Stephen Clark Center, and we do need a resolution of the City Commission asking the Elections Department ofMiami-Dade County to expedite the process to establish -- for the City Clerk to establish these early voting sites for the presidential primary ofMarch 9th in the State of Florida. Chairman Teele: Is it moved by Commissioner Regalado? City ofMiami Page 237 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Commissioner Gonzalez: Second. Chairman Teele: Second by Commissioner Gonzalez. Joel Maxwell (Deputy City Attorney): Mr. Chairman, Mr. Chairman, may I suggest that instead of this being shown as a special meeting that you simply show this -- before you take this vote, move to reconsider your adjournment. Chairman Teele: All right. Motion to reconsider the adjournment. Commissioner Gonzalez: Second. Commissioner Regalado: Moved and second. Chairman Teele: Moved by Commissioner Regalado. Seconded by Commissioner Gonzalez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. All right, so we've reconsidered that. Now, we're going to have a motion regarding the request to the City -- to the County Commission regarding -- Commissioner Regalado: County Elections Department. Chairman Teele: -- County Elections Department relating to the early voting in two specific locations that otherwise would not be -- City Hall ofMiami and the -- Commissioner Regalado: Hadley Park. Chairman Teele: -- Hadley Park, Carrie Meek Culture and Senior Center. Priscilla A. Thompson (City Clerk): Might say just one thing? I need the Commissioners to understand that we're making this request. They will have to take it to the Manager to make sure that they will be able to provide the center -- the two facilities for us, but we're making a formal written request. Commissioner Regalado: But we're doing what they asked that we do. Chairman Teele: All those in favor, say "aye." Chairman Teele: All right. Now, what I'd like to do is also ask that this item with a report be put on the next regular agenda, which is the first meeting in February, and we'll possibly, you know, look at it again. That would be -- so there would be three early voting sites in the City. That would be -- Commissioner Regalado: Downtown. Chairman Teele: -- downtown -- Commissioner Regalado: Model City -- Chairman Teele: -- in the Dade County Building. Commissioner Regalado: -- and Coconut Grove. City ofMiami Page 238 Printed on 12/16/2004 City Commission Verbatim Minutes January 22, 2004 Chairman Teele: The Coconut Grove -- Vice Chairman Sanchez: City Hall. Commissioner Regalado: City Hall. Chairman Teele: -- City Hall and Model City. There are also other sites that will have early voting such as the Caleb Center and other areas, and -- Commissioner Regalado: No, Caleb Center, that's it. Chairman Teele: Well, there'll be others, I mean, you know, like South Dade Government Center and dah, dah, dah. Commissioner Regalado: Oh, OK. Chairman Teele: So we'll do that, and I think it will be really good. Once we get this done, we can get some notice out to the qualified electorates to begin to encourage that. Are there any other matters to come before the Commission? Vice Chairman Sanchez: Move to adjourn. Chairman Teele: Always in order. Motion is moved and seconded, and we stand adjourned. Commissioner Regalado: Thank you. Vice Chairman Sanchez: Good night. Chairman Teele: Good night. Vice Chairman Sanchez: Sweet dreams to all. Chairman Teele: Thank you. City ofMiami Page 239 Printed on 12/16/2004