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HomeMy WebLinkAboutCC 2004-03-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, March 25, 2004 9:00 AM PLANNING AND 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 March 25, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Pages 3 - 4 MV - MAYORAL VETOES Page 4 AM - APPROVING MINUTES Pages 4 - 5 CA - CONSENT AGENDA Pages 5 - 10 PA - PERSONAL APPEARANCES Page 11 M - MAYOR'S ITEMS Page 11 D1 - DISTRICT 1 ITEMS Page 12 D2 - DISTRICT 2 ITEMS Page 12 D3 - DISTRICT 3 ITEMS Page 12 D4 - DISTRICT 4 ITEMS Pages 12 - 14 D5 - DISTRICT 5 ITEMS Page 14 PH - PUBLIC HEARINGS Pages 15 - 30 TIME CERTAIN SR - SECOND READING ORDINANCES Pages 31 - 39 RE - RESOLUTIONS Pages 40 - 54 BC - BOARDS AND COMMITTEES Pages 55 - 58 DI - DISCUSSION ITEMS Pages 59 - 105 PART B PZ - PLANNING AND ZONING ITEMS Page 106 - 157 SI - SUPPLEMENTAL AGENDA Pages 158 - 175 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Regalado and Chairman Teele Absent: Commissioner Winton and Vice Chairman Sanchez On the 25th day ofMarch, 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 9:23 a.m. by Chairman Arthur E. Teele, Jr., recessed at 11:49 a.m., reconvened at 3:12 p.m. and adjourned at 6:41 p.m. ALSO PRESENT: Joe Arriola, City Manager City ofMiami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-00294 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Lida Rodriguez-Taseff Chairman Teele & Commissioners Commendation Outgoing President of ACLU 1. Commissioner Regalado presented a certificate of appreciation to Jose Martinez, who celebrated his IOOth birthday, proclaiming today as "Jose Martinez Day" for his many years of continued work and service as he still works full time at the family pharmacy. 2. Chairman Teele presented a commendation to Lida Rodriguez-Tasseff, outgoing President of the American Civil Liberties Union (ACLU), for her 12 years of defending civil liberties in the community. 3. Chairman Teele presented a proclamation to the organization "Embrace Girl Power!" for its program, which is designed to enhance the quality of life of young girls from the urban core and cultivate future leaders; proclaiming today as "Embrace Girl Power! Day." Presentations made, followed by a moment of silent meditation, an invocation and the pledge of allegiance to the flag. Present: Commissioner Gonzalez, Commissioner Winton, Commissioner Regalado and Chairman Teele Absent: Vice Chairman Sanchez MAYORAL VETOES NO MAYORAL VETOES There were no mayoral vetoes to be considered. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): If you would like to consider the approval of the minutes that we have on the agenda? Chairman Teele: We sure would. Commissioner Winton: So moved. Chairman Teele: Would you read the ones into the record that you have on -- Ms. Thompson: That would be the April 15, 2002 meeting. Commissioner Winton: So moved. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Special Meeting of April 15, 2002 Motion by Commissioner Winton, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Teele Absent: 2 - Commissioner Sanchez and Regalado CONSENT AGENDA CA.1 04-00225 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE BID OF BAZANJ CONSTRUCTION CORPORATION, FOR THE PROJECT ENTITLED "BRYAN PARK INTERIOR IMPROVEMENTS, B-30302," IN AN AMOUNT NOT TO EXCEED $101,300; ALLOCATING FUNDS FOR CONTRACT COSTS IN AN AMOUNT NOT TO EXCEED $101, 300, PLUS $10,102.25 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419, IN AN AMOUNT NOT TO EXCEED $1,694 AND CIP NO. 311714, IN AN AMOUNT NOT TO EXCEED $109,708.25, FOR TOTAL PROJECT COSTS NOT TO EXCEED $111,402.25, AS SET FORTH IN THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00225-cover memo.pdf 04-00225-budgetary impact analysis.pdf 04-00225-exhibit 1-contract.pdf 04-00225-exhibit 2-project fact sheet.pdf 04-00225-exhibit 3-formal bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0172 CA.2 04-00226 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF EXPERT LAWN & PROPERTY MAINTENANCE, TO PROVIDE LAWN MAINTENANCE SERVICES AT BICENTENNIAL PARK AND THE DEEP WATER SLIP, FOR THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE - City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $14,915, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $59,660; ALLOCATING FUNDS FROM THE OPERATING BUDGET OF THE TRUST 04-00226-cover memo.pdf 04-00226-bayfront budget.pdf 04-00226-bayfront memo.pdf 04-00226-bayfront reso.pdf 04-00226-award approval form.pdf 04-00226-certification statement.pdf 04-00226-bid sheet.pdf 04-00226-qualification statement.pdf 04-00226-regisration affidavit.pdf 04-00226-affirmative action policy statement.pdf 04-00226-statement of intent.pdf 04-00226-enterprise certificate.pdf 04-00226-renewal card.pdf 04-00226-bid checklist.pdf 04-00226-tabulation sheet.pdf 04-00226-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0173 CA.3 04-00227 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PURCHASE AND INSTALLATION OF THE CRIMEVIEW WEB SOFTWARE PACKAGE, FOR THE DEPARTMENT OF POLICE, TO INCLUDE TRAINING AND ONE (1) YEAR CUSTOMER SUPPORT, FROM INTERNATIONAL DEVELOPMENT ADVISORY SERVICES ("IDAS"), AWARDED UNDER EXISTING STATE OF FLORIDA STATE NEGOTIATED AGREEMENT PRICE SCHEDULE II (" SNAPS") AGREEMENT NO. 2521878-4, AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, EFFECTIVE UNTIL APRIL 27, 2004, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT A TOTAL CONTRACT AMOUNT NOT TO EXCEED $34,995; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690003. 291278.6.335, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF TREASURY'S, "GUIDE TO EQUITABLE SHARING." City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 04-00227-affidavit. pdf 04-00227-budgetary impact analysis. pdf 04-00227-award approval form.pdf 04-00227-account inquiries.pdf 04-00227-spa agreement.pdf 04-00227-price schedule.pdf 04-00227-cover sheet.pdf 04-00227-proposal. pdf 04-00227-ESRI GIS software 04-00227-award under state of FL.pdf 04-00227-exhibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0174 CA.4 04-00229 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS FROM FIVE (5) VENDORS AS LISTED ON "ATTACHMENT A" AND THE TABULATION OF BIDS DOCUMENTS, ATTACHED AND INCORPORATED, RECEIVED PURSUANT TO COOPERATIVE BID NO. 03-04-023, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES, FOR THE PURCHASE OF FLEET VEHICLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO BE USED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS BY EACH MUNICIPALITY INDEPENDENTLY; ALLOCATING FUNDS FOR THE CITY OF MIAMI, IN AN AMOUNT NOT TO EXCEED $5,000,000, FOR THE CURRENT FISCAL YEAR 2003-2004, FROM CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, AS MAY BE ADJUSTED BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE PERMITTED BY LAW. 04-00229-cover memo.pdf 04-00229-budgetary impact analysis. pdf 04-00229-award approval form.pdf 04-00229-bid security list.pdf 04-00229-exhibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0175 City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 CA.5 04-00230 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF A WEB CONTENT MANAGEMENT SYSTEM ("WCMS") FROM REDDOT SOLUTIONS CORPORATION, UTILIZING AN EXISTING CONTRACT, PURSUANT TO RFP-DCP-12-03 FROM DUTCHESS COUNTY, NEWYORK, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $90,000, FOR SOFTWARE AND FIRST YEAR MAINTENANCE, TRAINING AND SERVICES, WITH THE OPTION TO EXTEND PRODUCT SUPPORT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL MAINTENANCE COSTS CAPPED AT $10,500 FOR YEAR TWO WITH OPTIONAL YEAR INCREASES LIMITED TO NO MORE THAN 5% PER YEAR; FURTHER AUTHORIZING THE ACQUISITION OF A DEVELOPMENT SOFTWARE LICENSE AND FIRST YEAR MAINTENANCE NOT INCLUDED IN THE DUTCHESS COUNTY CONTRACT, AT AN AMOUNT NOT TO EXCEED $18,054, WITH THE OPTION TO EXTEND PRODUCT SUPPORT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH SAID ANNUAL MAINTENANCE COSTS CAPPED AT APPROXIMATELY $2,900 FOR YEAR TWO WITH OPTIONAL YEAR INCREASES LIMITED TO NO MORE THAN 5% PER YEAR; FOR A TOTAL FIRST YEAR COST FOR ALL PRODUCTS AND SERVICES NOT TO EXCEED $108,054, ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT PROJECT ("CIP") ACCOUNT NO. 311616, ENTITLED TECHNOLOGY INFRASTRUCTURE, AND OTHER VARIOUS CIP ACCOUNTS AND THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS. 04-00230-cover memo.pdf 04-00230-budgetary impact analysis.pdf 04-00230-city quote.pdf 04-00230-RFP.pdf 04-00230-proposal form.pdf 04-00230-collusion affidavit.pdf 04-00230-agreement.pdf 04-00230-Red Dot solutions fax.pdf 04-00230-award under dutchess,ny.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0176 CA.6 04-00231 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY IDALIA BUDIHAS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $40,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF IDALIA BUDIHAS V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA, CASE NO. 03-32143 CA 13, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651 04-00231-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0177 CA.7 04-00234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF ONE CROW, INC., FOR THE PROJECT ENTITLED "NEW SOUND SYSTEM AND ACOUSTICAL IMPROVEMENTS FOR: MANUEL ARTIME COMMUNITY CENTER, B-6399 ," IN THE PROPOSED AMOUNT NOT TO EXCEED $213,155, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP ") NO. 311010, IN THE AMOUNT NOT TO EXCEED $94,258, AND CIP PROJECT NO. 322060, IN THE AMOUNT NOT TO EXCEED $144,476, FOR CONTRACT COSTS, PLUS $25,579 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $238,734, AS SET FORTH IN THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET AND THE FORMAL BID DOCUMENT, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00234-cover memo.pdf 04-00234-budgetary impact analysis.pdf 04-00234-exhibit 1-formal bid.pdf 04-00234-exhibit 2-project fact sheet.pdf 04-00234-exhibit 3-contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0178 CA.8 04-00239 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 ATTACHMENT(S), INCREASING THE CONTRACT AWARDED TO PROFESSIONAL GENERAL CONTRACTORS INC., PURSUANT TO RESOLUTION NO. 03-829, APPROVED JULY 17, 2003, IN AN AMOUNT NOT TO EXCEED $500,000, INCREASING THE TOTAL CONTRACT AMOUNT FROM $1,949,031 TO $2,449,031, FOR THE PROJECT ENTITLED "ORANGE BOWL STADIUM STRUCTURAL REPAIRS 2003, B- 3297;" AMENDING RESOLUTION NO. 03-829, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 324002. 04-00239-cover memo.pdf 04-00239-budgetary impact analysis. pdf 04-00239-pre. leg islation. pdf 04-00239-pre. contract.pdf 04-00239-pre. informal bid.pdf 04-00239-pre. fact sheet.pdf 04-00239-exhibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0179 CA.9 04-00238 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 02-03-140, THAT THE FIRM MOST QUALIFIED TO PROVIDE STATE LOBBYING SERVICES FOR THE OFFICE OF THE CITY MANAGER IS RONALD L. BOOK, P.A., ET AL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RONALD L. BOOK, P.A., ET AL, IN AN ANNUAL AMOUNT NOT TO EXCEED $440,000, FOR SERVICES PLUS $15,000 FOR EXPENSES, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FOUR ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.920216.6.270. 04-00238-cover memo.pdf 04-00238-budgetary impact analysis. pdf 04-00238-evaluation of RFQ.pdf 04-00238 backup memo.pdf 04-00238.exhibit 1-psa.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0180 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Winton, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Chairman Teele: Consent Agenda. Items to be deferred from the Consent Agenda. Mr. Manager, are there any? Joe Arriola (City Manager): No, sir. Commissioner Regalado: I have one to be deferred, but not in the Consent Agenda. Chairman Teele: All right. There are no items to be deferred on the Consent Agenda. Commissioner Gonzalez: Mr. Chairman, I move the Consent Agenda. Commissioner Winton: Second. Chairman Teele: We have a motion -- we have a motion and a second on the Consent Agenda. I'm advised again that I should announce that there are no mayoral vetoes. I thought, Mr. Attorney -- Commissioner Winton: It took me to the last month of my term as Chairman to figure that out. Chairman Teele: OK. Alejandro Vilarello (City Attorney): That simple announcement is sufficient, Mr. Chairman. Chairman Teele: All right. On the Consent Agenda with a motion and a second, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The Consent Agenda is hereby adopted. END OF CONSENT AGENDA City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 PERSONAL APPEARANCE PA.1 04-00256 DISCUSSION ITEM MR. PHILIP BACON, EXECUTIVE DIRECTOR OF COLLINS CENTER FOR PUBLIC POLICY AND MR. WILLIAM MAUZY, PRESIDENT/CEO OF BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. TO ADDRESS THE COMMISSION CONCERNING OVERTOWN DEVELOPMENT/CIVIC PARTNERSHIP. 04-00256-cover memo.pdf DEFERRED On behalf of the City Manager, they City Attorney requested that Item PA.1 be deferred. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez absent, to DEFER item PA.1 to the Commission Meeting currently scheduled for April 8, 2004, at a time certain of 10 a.m. Chairman Teele: What I would like to do is take up the personal appearance items. Mr. Mauzy - - not Mr. Mauzy --Mr. Bacon, are you here? Alejandro Vilarello (City Attorney): Mr. Chairman, the Manager had requested a deferral of PA .1, which was Mr. Bacon andMauzy's item, I believe. Chairman Teele: I stand -- OK. I -- Mr. Vilarello: And in addition to -- Chairman Teele: Did we act on that? Mr. Vilarello: -- do you want other deferrals? Chairman Teele: Did we act on that? Motion to defer PA.1 to when, Mr. Manager? Mr. Vilarello: To April 8th, time certain at 10 a.m. Chairman Teele: April 8th, time certain. A motion by Commissioner Regalado, a second by Commissioner Gonzalez to defer it as stated. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00291 DISCUSSION ITEM DISCUSSION CONCERNING INCENTIVE PROGRAMS FOR ADULT LIVING FACILITIES IN THE SHENANDOAH AREA. 04-00291-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, directing the City Manager to allocate $3, 000 from the roll over funds of Disfrict 4 Office to the Incentive Program for Adult Living Facilities in the Shenandoah Area; further stipulating that Pioneer House, located at 14th Terrace between 21 st and 22nd Avenues, be excluded from said incentive program until such time as it complies with required criteria; and further directing the Manager to come back at the April 8, 2004 Commission meeting with a report on the compliance of Pioneer House. Commissioner Regalado: Johnny, would it be best -- would it be possible that you chair so I can do one item on -- Commissioner Winton: Sure, definitely. You're recognized. Commissioner Regalado: Thank you very much, sir. Mr. Chairman, members of the Commission, this is a discussion item concerning incentive programs for adult living facilities in the Shenandoah area. Mr. Ruano has been working with the judicial system and the Parks Department, and the administration regarding some incentive for adult living facilities who comply in the Shenandoah area. This is part of the task force recommendations on this issue. I would just like to say something. The Manager requested three thousand dollars. I am moving three thousand dollars from the rollover funds of Disfrict 4 office to be part of this incentive program that will be administered by the Manager's office under Mr. Ruano's supervision, but my amendment is that Pioneer House will not be part of this incentive, because they have not complied with what they promised. As a matter of fact, yesterday, there was a huge pile of construction debris in front of Pioneer. It's been there for several days. The trash won't pick up, because they don't pick up trash -- I mean debris, construction debris, you know. I don't know, Robert, this management group, butt saw patients carrying debris from some kind of construction that they are doing there, so that is -- however, I would like to know, part of the inventive program. Robert Ruano: OK. Robert Ruano, Grants Administrator. The incentive program is actually for City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 the residents of -- it's a pilot program with the residents of Shenandoah, residents that are mentally disabled and the -- that live in assisted living facilities, and essentially, it will run out of the Parks Disabilities Program. It's twice a month where they will take some of the residents to - - they're going to do structured activities for them. They'll take them to parks, to the movies, bowling alleys, different activities, only if they comply with certain behavioral issues, addressing some of the issues that we've been getting complaints from the neighborhood, the pan -handling, the walking around late at night, at midnight, the drinking in public. Commissioner Regalado: Yeah, but, you know, we need to know, for the people watching that this incentive program which you came up with in your meetings with judges -- Mr. Ruano: Judge (UNINTELLIGIBLE). Commissioner Regalado: That is a Judge recommendation, but what we are trying to do here by exempting Pioneer from this incentive program is not punishing the patient. It's sending a message to the administration of that project that we really want to work with you, I mean, but you really need to work with us. Do not punish -- I mean, this is not friendly fire that we are firing, because we are killing the patients with this decision. However, it is very difficult for the residents that are being harassed by the panhandling on 16th Street and 22ndAvenue, and by the way, some of these patients are getting very aggressive, very. I, myself experimented one that it was very aggressive in the panhandling. The police used to pick up the aggressive pan- handlers, but they don't do that anymore. We do not have the capability, I guess, in that area, but the administration of Pioneer should know that they need to cooperate, and as soon as they do, and as soon as you tell us that they're cooperating, I will be willing to amend that resolution so that they can be all included. Mr. Ruano: All right. Commissioner Regalado: How many patients do they have now? They have -- Mr. Ruano: 111 beds. Commissioner Regalado: But they promised that they want to go down? Mr. Ruano: I don't know. Commissioner Regalado: Well, OK, so, Mr. Chairman, I move three thousand dollars from the rollover funds of Disfrict 4 office for the assisting -- incentive programs of adult living facilities with the exception of Pioneer House located on 14th Terrace between 21 st and 22nd Avenue. So move. Commissioner Gonzalez: Second. Alejandro Vilarello (City Attorney): Mr. Chairman, can we have perhaps the administration report back at the April 8th meeting on this issue so perhaps we can get Pioneer back into the fold if they comply with the request that the Commissioner has established? Commissioner Regalado: Your optimism is really great, but -- sure, why not? I mean -- Commissioner Winton: OK. We have a motion. We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign, opposed. The motion carries. City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR City ofAliami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 PUBLIC HEARING PH.1 04-00154 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND CBI CAPITAL HOLDINGS, INC., FOR THE ACQUISITION OF PROPERTIES LOCATED AT 207 NORTHEAST 59TH STREET AND 5911 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTIES"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A TOTAL PURCHASE PRICE NOT TO EXCEED $411,000, AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $442,700, FROM THE $ 255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, AND FENCING. 04-00154-cover memo.pdf 04-00154-summ. of salient facts.pdf 04-00154-sales comparison .pdf 04-00154-summ. of salient facts 2.pdf 04-00154-pre. leg islation. pdf 04-00154-public notice memo.pdf 04-00154-public notice .pdf 04-00154-exhibit-agreement. pdf DEFERRED On behalf of the City Manager, the City Attorney requested that Item PHI be deferred. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to DEFER item PH.1. to the Commission Meeting currently scheduled for April 8, 2004. (See PH.2 for minutes) PH.2 04-00155 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND OLGA FELIX AND ANN MARIE LOURDE-LACROIX, FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 5901-09 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, (" PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A TOTAL PURCHASE PRICE NOT TO EXCEED $550,000, AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, AT A TOTAL AMOUNT NOT TO EXCEED $586,902, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, AND FENCING. 04-00155-cover memo.pdf 04-00155-sales comparison.pdf 04-00155-summ. of salient facts.pdf 04-00155-pre. leg islation. pdf 04-00155-public notice memo.pdf 04-00155-public notice .pdf 04-00155-public notice 2.pdf 04-00155-exhibit 1-agreement.pdf 04-00155-exhibit 2- addendum.pdf DEFERRED On behalf of the City Manager, the City Attorney requested that Item PH 2 be deferred. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to DEFER item PH 2. to the Commission Meeting currently scheduled for April 8, 2004. Alejandro Vilarello (City Attorney): Mr. Chairman, the Manager also requested a deferral of PH 1 and PH 2 -- both are Little Haiti Park acquisitions -- to the April 8th City Commission meeting. Chairman Teele: Those are public hearing items, right? Mr. Vilarello: Yes, sir. Chairman Teele: Is there a motion, please? Commissioner Regalado: Move it. Commissioner Gonzalez: Motion to defer. Chairman Teele: Moved by Commissioner Sanchez, second by Commissioner -- Commissioner Gonzalez: No, Commissioner Gonzalez. Chairman Teele: Moved by Commissioner Gonzalez, second by Commissioner Regalado. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.3 04-00255 RESOLUTION City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT FOR A PERPETUAL, NON-EXCLUSIVE 48 SQUARE FOOT EASEMENT, FOR CITY -OWNED PROPERTY, IN JOSE MARTI PARK KNOWN AS THE JOSE MARTI PARK RECREATION CENTER ("BUILDING"), LOCATED AT 362 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A NEW PAD MOUNTED TRANSFORMER, WITH THE RIGHT TO IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE, OR THE SIZE OR REMOVE ANY AND ALL SUCH FACILITIES WITHIN THE EASEMENT WITH THE RIGHT OF INGRESS AND EGRESS TO THE EASEMENT AREA. 04-00255-cover memo.pdf 04-00255-budget impact.pdf 04-00255-notice memo.pdf 04-00255-notice .pdf 04-00255-exhibit 1-grant of easment 04-00255-exhibit 2-sketch Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0188 Chairman Teele: All right. Federal legislation was deferred, wasn't it? Withdrawn, and part- time employees is up now. Did you all take care of all the public hearing items, PH.3 and PH4? Commissioner Regalado: No, sir. Chairman Teele: All right. Public Hearing Items 3 and 4. Public Hearing Item Number 3 and 4 , relating to an easement at the Jose Marti Park. An easement at the Jose Marti Park. This is a public hearing. Mr. Attorney, read the title of the item. It's not a -- a resolution. Commissioner Regalado: Move the-- which one is it? Chairman Teele: Public Hearing Number 3, a grant of easement regarding Jose Marti Park. Commissioner Regalado: OK. The resolution was read by title into the public record by the City Attorney. Commissioner Gonzalez: So move PH 3. Chairman Teele: May I ask, why is this a public hearing? May I just ask as a matter of inquiry? Mr. Vilarello: It's the granting of the use of public property. It's allowing -- Chairman Teele: Moved by Commissioner Gonzalez. Is there a second? Commissioner Winton: Second. City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: Second. Chairman Teele: Is there objection? 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. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.4 04-00258 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA POWER & LIGHT ("FPL") FOR A PERPETUAL, NON- EXCLUSIVE 204.6 SQUARE FOOT EASEMENT OF CITY -OWNED PROPERTY BETWEEN SOUTHWEST 5TH STREET AND SOUTHWEST 6 TH STREET, MIAMI, FLORIDA, ADJACENT TO JOSE MARTI PARK, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBITS A, B, C, AND D," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, INCLUDING THE RELOCATION OF THREE (3) EXISTING POLES AND INSTALLATION OF A NEW MANHOLE, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, ENLARGE, CHANGE THE VOLTAGE, OR THE SIZE, OR REMOVE ANY AND ALL SUCH FACILITIES WITHIN THE EASEMENT, WITH THE RIGHT OF INGRESS AND EGRESS TO THE EASEMENT AREA. 04-00258-cover memo.pdf 04-00258-budgetary impact.pdf 04-00258-FPL letter.pdf 04-00258-notice memo.pdf 04-00258-notice .pdf 04-00258-exhibitl- grant of easment 04-00258-exhibit 2-sketches Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0187 Chairman Teele: PH.4. Commissioner Gonzalez: Move PH.4, Mr. Chairman. Commissioner Winton: Second. Commissioner Regalado: Second. City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: 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. All those in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. 3:00 P.M. PH.5 04-00252 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT NOT TO EXCEED $500,000, TO DISTRICT 4 HOUSING PILOT PROJECT FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; AND ADOPTING POLICIES RELATED TO THE ALLOCATION OF CDBG, STATE HOUSING INITIATIVE PARTNERSHIP AND HOME INVESTMENT PARTNERSHIPS FUNDS FOR AFFORDABLE HOUSING IN THE 30TH PROGRAM YEAR, COMMENCING ON OCTOBER 1, 2004, ATTACHED AND INCORPORATED. 04-00252-cover memo.pdf 04-00252-public notice.pdf 04-00252-exh ibit. pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0189 Chairman Teele: We have -- after lunch today, we have a discussion, Commissioner Winton, on the housing development policy. I don't know if the staff has gotten to you. Is Barbara Rodriguez here this morning? Ms. Rodriguez? Joe Arriola (City Manager): She is. Chairman Teele: I don't know if staff has discussed this with you. I asked that the item be deferred, the housing policy, until you could be here to discuss some of the proposed changes in the housing policy, just as a courtesy and to gain your input -- Commissioner Winton: Thank you. Chairman Teele: -- and insight. Commissioner Winton: What item is that? Chairman Teele: Huh? Commissioner Winton: That's not on -- Chairman Teele: It's on the agenda, discussion item -- I'm sorry -- Public Hearing Number 5. City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: OK. Chairman Teele: Huh? Is it public -- Barbara Rodriguez (Director, Community Development): It's a public hearing. Chairman Teele: Public Hearing Number 5, and -- Commissioner Winton: Right, OK. Chairman Teele: I think they were proposing to move the amount of matching from forty thousand to -- from what's the amount to what's the amount? Hs. Rodriguez: We were proposing the sales price from one seventy to one ninety-nine. Chairman Teele: Your name for the record. Hs. Rodriguez: Barbara Rodriguez, Department of Community Development, and basically, that was the concern that the Commissioner had, and they wanted your input. We were changing the sales price to what the State is now allowing. Chairman Teele: This is SHIP (State Housing Initiative Partnership) money? Hs. Rodriguez: It's going to -- it's SHIP, but we're going to fall down to all of our funding source to have one sales price approved. That is the lowest amount being approved by regulation. HUD (Department of Housing and Urban Development) allows up to two hundred and twenty-three thousand, effective February 2004. Commissioner Winton: For what though? Hs. Rodriguez: For a sales price on any house that -- Commissioner Winton: To qualify for the funding. Hs. Rodriguez: For any funding. Commissioner Winton: OK. Chairman Teele: And we'll take it up, Johnny, butt want you to understand -- Commissioner Winton: Yeah, and I didn't understand this, so I was -- Chairman Teele: I want you to understand what my concern is. We are supposed to be the poorest City in the nation. Commissioner Winton: Right. Chairman Teele: We have people -- I met with a lady the other day who makes nine thousand dollars a year who wants a home. She was moved out of a Section 8 unit, et cetera. On one end, we're saying we need to support the really low. On the other end, this thing is moving like a developer's dream now, and I realize that we've got a lot of development going on, but I don't know that we want to start making the minimum sales price two hundred thousand dollars. Commissioner Winton: Too high. City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: That's where you're going. Hs. Rodriguez: That's the maximum. Chairman Teele: But that would be an eligible number now. Hs. Rodriguez: Yes, it is. Chairman Teele: And what it's going to mean is, is that all of the development that's now market driven -- Commissioner Winton: Will be at two hundred. Chairman Teele: Exactly. Commissioner Winton: It'll move -- it'll move straight to that number. Chairman Teele: Everything will move straight to that. Commissioner Winton: Yeah. Chairman Teele: And the developers that are building these wonderful high-rises now that are at a hundred and seventy-five to two hundred thousand, they will then -- Commissioner Winton: Qualify for the two hundred. Chairman Teele: -- back in and qualify, and it really doesn't deal with our problem, which is this hard core, unemployed, low employed number, and I think it's a policy question that we ought to think about, rather than to just rush into. Commissioner Winton: That's a great point, so I welcome -- Chairman Teele: But, you know, I want your input on that and -- Commissioner Winton: Yeah. I welcome that dialogue. Hs. Rodriguez: And we have some information to share with you -- Commissioner Winton: But that's a great point. Hs. Rodriguez: -- on the ones that we've had in the past, such as the Little Havana and the problem that they're encountering with the one forty-five that we currently have, which they cannot find houses so -- Commissioner Winton: You mean the one forty-five at the low end. Hs. Rodriguez: No. The maximum that they had established as a sales price and a policy decision, one forty-five. Commissioner Winton: Oh. Hs. Rodriguez: What's happening is that they cannot find a house for that price. Chairman Teele: And that's the point. City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Ms. Rodriguez: Right. Chairman Teele: And the point is, that's not a bad thing. It means that the market is rising. It means that the market is rising, and it means that we need to stay focused, in my opinion, on the people who now cannot afford to move into Little Havana, because Little Havana is going up so fast, but we need to find other areas where the poverty pockets are so much lower that we can get the people in those areas. Ms. Rodriguez: Regardless of what the sales price is, you still have a loan to debt ratio that they have to make, so in order for a hundred and ninety-nine thousand sales price to make it, there's going to have to be County money, State money, City money as grants in order for the person to qualify, regardless, but we will discuss that at 3 and say what was the thinking behind this type of a sales price. Commissioner Winton: Well, from a global policy standpoint and a federal government action standpoint, there is a giant disconnect. The disconnect is that while this concept -- no, not concept -- the reality of rising home values in the City ofMiami is absolutely, contrary to some people who complain that my taxes went up fourteen dollars, the fact of the matter is their net worth is driving up dramatically because of the value of their home, and the old concept after World War II that created middle class America through home ownership, that is very much at work in the City ofMiami today, and that's a good thing for those people who own homes, but here's the disconnect. The disconnect is those people who don't own homes, and we don't have the funding mechanisms available that can catch up with this escalating pricing syndrome that we have going on in the City ofMiami and they get left behind. Ms. Rodriguez: Right. Commissioner Winton: I don't -- I wrote that position paper three years ago that I've circulated to everybody and their grandmother about this very phenomenon, and I said it's going to happen Ms. Rodriguez: Yeah. Commissioner Winton: I said, it's going to happen. It has now happened, but there wasn't an answer. Ms. Rodriguez: Yeah, you took it to HUD. Commissioner Winton: And I don't know that there's still answer. I mean, it's a -- so it's really the federal and State policies that make it difficult for us to create that connect, no matter how hard we fry. Commissioner Gonzalez: Ms. Rodriguez, are we talking here affordable housing home ownership? Ms. Rodriguez: Yes, sir. Commissioner Gonzalez: What would be the subsidies available to the potential buyers? Ms. Rodriguez: They increased the subsidy. It depends on the amount of units that the house can build. It went up as high as a hundred and sixty thousand dollar subsidy that you could put in a house if that's -- you know. Commissioner Winton: How much? City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Ms. Rodriguez: It went up. It's depending on bedroom size, but it goes as high as a hundred and sixty thousand dollars of subsidy. It could be a second mortgage at a zero percent interest. You can do combinations of grants and -- Commissioner Gonzalez: Where would the subsidies come from? Ms. Rodriguez: Subsidies right now can come from HOME (Home Investment Partnership Program), CDBG (Community Development Block Grant), SHIP, surtax, State dollars. On the one that we're doing with Little Havana, they were able to get fifteen thousand dollars from the State. They're going to be getting surtax, and they're going to be getting HOME. Commissioner Gonzalez: I believe that also, there are some banks that have a program for down payment assistance and closing cost assistance? Ms. Rodriguez: The State has a first mortgage right now program at four point nine -nine percent, 30 year, that is also being played in the arena, so basically, you know, the subsidy has gone up, the sales price have gone up and the amount of programs that we can put in a project is much bigger. Commissioner Gonzalez: Johnny, one of the biggest problems -- you know what one of the biggest problems is? Commissioner Winton: What? What's that? Commissioner Gonzalez: The cost of the land. Commissioner Winton: Yeah. Commissioner Gonzalez: It's practically impossible to find land where you can build this, you know, this -- the way this affordable housing used to be. Commissioner Winton: Absolutely. Commissioner Gonzalez: Because the price that you're supposed to be paying or we were supposed to be paying for affordable housing was at a ratio of about eight thousand dollars per unit. Commissioner Winton: Per unit, right. Commissioner Gonzalez: That do not exist. Ms. Rodriguez: It's no longer -- Commissioner Winton: Doesn't exist. Ms. Rodriguez: No. Commissioner Gonzalez: That do not exist. I don't care where, the price has gone up twenty- five thousand, twenty thousand, so that increased the cost, plus the cost of construction, you increased their business, and you know that the cost of materials have increased. You know, it's gone crazy, so -- so I don't know. It's a real serious problem. Commissioner Winton: And, you know, from a mathematical standpoint, we had, when I firstgot here, we had some HUD money that we had to get rid of and we put this program in place for a City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 very short period of time to get people into home ownership, and we were providing thirty thousand dollar seconds, and, you know, everybody thought that's a -- it's a great idea, and it's very effective, but the math of that is that if you give thirty thousand dollars as a second mortgage or a forgivable grant, whatever the case may be -- Ms. Rodriguez: It won't make -- Commissioner Winton: A hundred homes, three million bucks. A thousand is thirty million dollars. Commissioner Gonzalez: Thirty million dollars. Commissioner Winton: And our need -- Ms. Rodriguez: And even at thirty -- Commissioner Winton: Huh? Ms. Rodriguez: Even at thirty thousand, Commissioner, it's not happening. The little Havana Homeownership Trust -- Commissioner Winton: Because it doesn't close the gap anymore. Ms. Rodriguez: -- no -- you got it, and you can't find it, so, you know, they've had to tap into the State. The Little Havana got award now, fifteen thousand dollar per down payment for their buyers. That's even forty-five thousand. Didn't cut it. The County had to come in with surtax, because otherwise, they could not -- we can't find properties that would accommodate, not even at the hundred and ninety-nine thousand. Commissioner Winton: Well, and this is an issue we can't solve. We have to have federal support, end of story. Chairman Teele: Yeah. I just want to say one thing. Your statement is correct as it relates to Little Havana, but it's not correct citywide, because the CL UC-90 (County Land Usage Code) properties of which I have about 90 percent -- Commissioner Gonzalez: That's -- yeah, that's true. Chairman Teele: OK? Commissioner Winton: That's a good point. Chairman Teele: The CL UC-90 properties of which I have 90 percent, for which the whole Model City Trust concept is founded on, that is properties where the property owners have so many liens and taxes on it that the liens and taxes greatly exceed the value of the property, so they abandon it. They just walk away from it. Those properties are shipped back to the State, to the County, and they are turned over by request to the various cities. We've got CL UC-90 properties all over the place. Ms. Rodriguez: Yes. Chairman Teele: OK, and that's a function of -- Commissioner Winton: Time to put those to use. City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: And that's the whole purpose of the Model City Trust, but what I'm trying to get a little bit of focus on also is the basic -- the fundamental economics are changing, Johnny, in this City, and the fundamental economics are in areas where five years ago, property values were 'X " they're now 5X. Commissioner Winton: Yeah. Chairman Teele: And as a result -- Ms. Rodriguez: Yeah. Chairman Teele: -- it's much harder to get the hard core under -employed, unemployed and people who are really frying to move up into home ownership into a home and more and more of that area is being driven by marketplace -- Ms. Rodriguez: Yeah. Chairman Teele: -- marketplace forces, and we need to be very careful of what we do in our policy. Are we going to take a policy that says we're going to chase the market, or are we going to have a policy that says we're going to now take more money and focus in on the really hard core unemployed? Commissioner Winton: Which is a great point. Chairman Teele: Which Commissioner Gonzalez and I have probably the vast majority, and with all due respect, Commissioner Regalado, not to rain on your parade, but I looked at all of the statistics. Your district is doing great. I mean, there is -- there is very little poverty in the sense of home ownership, based upon the charts that are being done by the universities that are studying, and that's a good thing, but it may mean that, you know, when we start talking about dollars for poverty, you're going to have a -- you know, a quiet discussion about it, because you're doing very well, sir. Commissioner Winton: But he always has. I mean, he -- Commissioner Regalado has never really gone after those dollars. Commissioner Regalado: I, myself may be doing very well now after the race and all that, but you have in District 4 a waiting list on senior centers of 88 residents of District 4 to have lunch, because there is no funding. That's in one senior center. Commissioner Winton: Yeah. Commissioner Regalado: In the other senior center, there is a waiting list of 56 people that cannot access for lunch, because -- from residents from District 4. Problem is, the problem is that I don't know what the census is doing, but frankly, they -- the typical resident of District 4, especially in the Flagami area, is a retired couple with a fixed income from social security, struggling to pay the taxes and the insurance on the houses. So I -- you know, I don't quite agree, and I understand that we have to go by the numbers. It's like in the media. You have to go by the surveys, but I'm just saying, Art, this is something that it doesn't -- it doesn't free me from fighting for social services funds. Chairman Teele: Well, and I -- Commissioner Regalado: And I understand. Chairman Teele: I think I may have put my foot in my mouth by rattling your cage on this, but -- City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 because you obviously are going to always have another comeback, butt want to defer and acknowledge the fact that the -- one of the solutions that we've got to look at is a comprehensive look at our City, because it really is a very diverse and a very unique City. I was listening to the Mayor talk about the need for a citywide master plan, and my thought -- and I can't -- you know, the sunshine law doesn't allow me to say it as he referred to Commissioner Winton as the person who should lead that, and very well, he should, but in my opinion, what the City really needs is a comprehensive neighborhood plan that is made up into a master plan, because each neighborhood is so different -- Commissioner Winton: I agree 100 percent. Commissioner Regalado: Totally. Commissioner Winton: 100 percent in agreement. Chairman Teele: -- and to take a comprehensive approach to the City, as one plan is really going to create -- but I know that you and the Mayor have that common understanding, because the Mayor's whole campaign was neighborhood by neighborhood. Commissioner Winton: And, you know, that's the real exciting thing about our City, and that is that we do have all these diverse neighborhoods, and there are a lot of master plan -- neighborhood plans already in place, and what I see coming out of this is the fact that you take those individual neighborhood master plans that have been done, you might -- and you're probably going to do some additional neighborhood master plans which have not been done, specific to those -- to the unique characteristics of that neighborhood, and then you create the umbrella over that, that pulls all of that stuff up and endorses the individual neighborhood master plans, and then the most important part following that is going to be a complete rewrite of our Code, and a second part of it that really came to focus last night when I was looking at Planning and Zoning, and that's zoning, and I'll give you examples. Northwest -- northwest -- Southwest 7th Street. You know, in one of our deals here today, there's this piece that we're carving out, recommended changing the zoning, and it's just a carve -out piece that's different from everything around it, but the fact of the matter is Northwest 7th Street is a street that's changing in character dramatically, so one of the questions I hope we ultimately answer is in light of where the City seems to be going, in recognizing its history, are there key corridors that we need to completely change the zoning of so that we get ahead of the mess that we've created in some of our other key corridors? And so I'm going to recommend as a part of this plan that we actually look at zoning on a neighborhood -by -neighborhood basis, and a commercial corridor basis to make sure that we have the proper zoning in place to move us where we want to go as we continue to redevelop, so I think that's going to be another part, Commissioner Teele. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Which brings me to this item. I mean, Johnny probably didn't know, but that was exactly what I was going to try to say, and I am sorry, because I know that you have an order of the day, but on the supplemental agenda, there is an item regarding the 27th Avenue Corridor from Coral Way to U.S. 1, which now is part of Disfrict 4. It used to be, several blocks, Disfrict 2. Now, because of the redistricting, it's Disfrict 4. Commissioner Winton: It's half and half. Commissioner Regalado: No. Disfrict 2 -- Commissioner Winton: The north side is -- of the street is still -- most of it is still in Disfrict 2, City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 south of Coral Way. The south side of the -- Commissioner Regalado: No, no, no. They -- Commissioner Winton: -- no. Let's see. Not -- wrong direction. Commissioner Regalado: The east side -- Commissioner Winton: Yeah, it's the east. Commissioner Regalado: -- east side is District 4. The west side from 25th to 27th is Disfrict 2. Commissioner Winton: Correct. Commissioner Regalado: Two blocks. Chairman Teele: All right. Hold on just for a minute. Chairman Teele: Any other items to be deferred? If not, Ms. Rodriguez. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. PH.5 is basically adopting some housing policies. The first one is on District 4, for the 30th year, will have an allocation of five hundred thousand dollars, which is the second allocation of 3-year commitment, and it's basically going to do acquisition of land for scattered sites, affordable homeownership, eligible housing development. Again, we will put 25 percent for rental, 75 percent for homeownership -- Commissioner Gonzalez: What item is that? Ms. Rodriguez: PH5. Commissioner Gonzalez: PH 5. Chairman Teele: This item was discussed at the last meeting. It was deferred for Commissioner Winton -- Ms. Rodriguez: Right. Chairman Teele: -- to reflect on it. I don't know if he's reflected on it, and we had as much discussion on it this morning as we probably have had. You all didn't go in and brief Commissioner Winton on this item? Ms. Rodriguez: No. Commissioner Winton: No. They didn't get to me. Ms. Rodriguez: No. Chairman Teele: All right. Ms. Rodriguez: So the first policy is on Disfrict 4, which was the set aside of five hundred thousand dollars for a 3-year commitment. This is the second year, and on that one, we're going to do acquisition of land for scatter site affordable homeownership. On eligible housing development programs, again, we're going to use 25 for rental, 75 for homeownership. On the Request for Proposal criteria, applicants and related City funded entity must be current with City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 their audit. They must score 75 percent or more. Commissioner Winton: They must what? Ms. Rodriguez: They must be current with their audits (UNINTELLIGIBLE). Commissioner Winton: OK. Ms. Rodriguez: The application must score no less than 75 points. Construction must be ready to begin within six months; must be completed within 30 months. Any application for construction under CDBG (Community Development Block Grant), they must be done by a community -based development organization. On the housing program management support, we are recommending that non profits be eligible for funding up to a hundred and fifty thousand dollars -- Commissioner Winton: How -- Ms. Rodriguez: -- per project. Commissioner Winton: What does that mean and how is that -- is that different than the current policy? Ms. Rodriguez: That's different than your housing administration that we used to fund before. It's basically giving some money to the nonprofits that are doing affordable housing, with the condition that they meet benchmarks. Commissioner Winton: All right. Ms. Rodriguez: So, basically, it's to keep them afloat and have some administration dollars, but tied to projects. Commissioner Winton: Excuse me one more time. Angel -- Commissioner Gonzalez: How much time do you -- are you giving them to commence construction? Ms. Rodriguez: No. On that one, doesn't say -- what we're saying is that for a project, we're willing to fund it for three years. Commissioner Winton: And, Commissioner Gonzalez, I was going to ask you -- because you're the expert here -- in the Request for Proposals criteria, the one she read before, you know, this issue on beginning construction six months and completed 30 months, I really -- because you're the expert -- I was hoping that you had looked at this carefully -- Commissioner Gonzalez: Let me tell you. Commissioner Winton: -- to determine whether it works. Commissioner Gonzalez: Beginning construction in six months is unrealistic. It's totally unrealistic because of the process of obtaining the permits. You have to have your drawings. You have to present your drawings and building and zoning, and let me tell you. Allapattah Business Development has gone through unbelievable battles to get a 30-unit project plans approved. Finally, after nine months, I was just advised that the plans have been approved. Now, they have to go through the process of paying for the impact fees, water and sewer, and everything else in order to get the -- pull the permits, and from there, you have to begin City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 construction, so, you know -- and that's counting that everything goes -- Commissioner Winton: Smoothly. Commissioner Gonzalez: -- smooth. All right. Commissioner Winton: Well, that's what I -- Ms. Rodriguez: Let me tell you what -- Commissioner Winton: Barbara. Ms. Rodriguez: -- our concern is there. Right now, the HOME (Home Investment Partnership Program) regulations says, you cannot have more than five times your entitlement. The City of Miami is at 4.8. When the money that the Model City is going to be sending back to HUD ( Department of Housing and Urban Development), we will go over our threshold. The projects that have been funded are taking a huge amount of time, and what we thought on this RFP ( Request for Proposals) was to try to get proposals that can move the dollars, and proposals that are already very close to consfruction, instead of having projects that are farther up this year. Commissioner Winton: And so let me ask you a question. What this is, then, is a temporary -- this isn't a long-term policy decision. Ms. Rodriguez: This is for one year. Commissioner Winton: This is just one year. OK, so that might make some sense then, huh? Commissioner Gonzalez: Johnny, I know exactly what she's frying to say because I've been living through this, and let me tell you. The delay in this project has caused a huge cost overrun on materials; plywood has gone up, concrete has gone up, blocks have gone up -- Commissioner Winton: Steel, big time. Commissioner Gonzalez: -- and the companies are saying that the reason that all these supplies has gone up is because we're sending supplies to Iraq, and that is -- you know, I'm not sure that that is the fruth. The fruth is that we have so much development going on in the City ofMiami and everybody's raising their prices, and since we -- the consfruction has been delayed for so long, now we're going to have a cost overrun on that project. Commissioner Winton: Yeah. And steel is a function of China, so -- Commissioner Gonzalez: And steel has gone up incredibly, so -- Ms. Rodriguez: This policy that you have in front of you is a one-year policy, and hopefully, in that year -- Commissioner Winton: It helps break the log jam. Ms. Rodriguez: -- you know, we will, number one, bring down some dollars and move forward on it. Commissioner Winton: OK. I understand. Mr. Rollason: The housing development application fee, we will continue to do that for for - profit developer, and that's an application fee of one percent of the total amount of funds City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 awarded, and that is payable within 30 days, and it is non-refundable. Developer fee, we're saying that it is allowable, and we're using the State approve of 16percent. City Administration, we will do and we will continue to do the first-time homebuyer assistance and single-family rehab. On the first-time homebuyer assistance, we are saying that we're going to have -- we're going to put 25 percent of the purchase price, or thirty thousand dollars, whatever is less, and the one that we had debate last time was that we're asking that on homeownership, number one, there is a leverage of two to one City funding, that the maximum sales price be a hundred and ninety-nine thousand, one hundred and seventeen, which is the new price allowed by the State, which is less than HUD. For existing home, a hundred and seventy-three thousand, seven-o-one. Again, the first-time homebuyer will have an affordability of 20 years. The assistance for eligible home will be subject, again, not to exceed thirty thousand dollars. It will be -- funding will be in a form of zero percent interest on a deferred loan. The loan will become due and payable in full at time of sale, or if the property is leased. Prior approval from the City Manager will be required in the event that they want to refinance the house, and that's basically what we have in front of you. Commissioner Winton: And, again, all of these are only one-year deals. Ms. Rodriguez: One year. Commissioner Winton: We're not setting long-term new policy here. Ms. Rodriguez: One year. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward? If not, the public hearing is closed. Gentlemen, what is your pleasure? Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: Moved and second. Is there objection? All those in favor, signify by the sign of "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 ORDINANCES - SECOND READING SR.1 03-0099a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2, 10 AND 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING CHAPTER 36, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW CHAPTER 36, ENTITLED "NOISE," TO PROVIDE FOR AND CLARIFY NOISE PROHIBITIONS AND LIMITATIONS, ESTABLISH FINES FOR VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES, PROVIDE FOR AND CLARIFY DAYS AND TIMES PERMITTED FOR CONSTRUCTION, DREDGING AND LAND FILLING ACTIVITY, REQUIRE PERMITS, AND PROVIDE FOR ENFORCEMENT AUTHORITY; MORE PARTICULARLY BY REPEALING EXISTING SECTIONS 36-1 THROUGH 36-8, IN THEIR ENTIRETY, AND SUBSTITUTING NEW SECTIONS 36-1 THROUGH 36-9, ADDING NEW SECTIONS 10-6 AND 10-7, AND AMENDING SECTION 2- 829 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ( NEED AGENDA PACKET) 03-0099-memo-2. pdf 03-0099-legislation.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, to DEFER item SR.1 to the Commission Meeting currently scheduled for June 24, 2004 (60 days). * *Note for the Record: Although the motion was stated as 60 days for June 24, 2004, 60 days from March 25th would be on the May 27, 2004 Commission meeting. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, to RECONSIDER previous vote to defer item SR.1 to the Commission Meeting currently scheduled for June 24, 2004. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, to DEFER item SR.1 to the Commission Meeting currently scheduled for July 22, 2004 (120 days). Chairman Teele: We should note for the record that Commissioner Sanchez had indicated that he will not be joining us, probably this morning, or maybe even today. He has asked that the following items be deferred: SR.1, which is the noise ordinance; RE.4; PZ.15. On the noise ordinance, Commissioner Winton. Commissioner Winton: I'll tell you the -- I've also had some requests from some neighborhood associations to defer it for further analysis, but think brought the noise ordinance forward, and you talk about the maximum law of unintended consequences, this is an ordinance that brought forward that wish I would never have even thought about, because the unintended consequences in this law are -- they're mind boggling. I mean, it never ends, where this thing goes and the negative impact that it can have on lots of things that we had no intent of impacting at all, so I'm thrilled to see it deferred. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Gonzalez: Move to defer the item, Mr. Chairman. Chairman Teele: A motion to defer SR.1, and it's by Commissioner Gonzalez, a second by Commissioner Winton. Is there objection? Alejandro Vilarello (City Attorney): Mr. Chairman, deferral until when? 30 days, 40? Commissioner Gonzalez: I would say 60 days. Commissioner Winton: OK, great. Commissioner Gonzalez: That would give plenty of time to -- Mr. Vilarello: That'd be the June 24th City Commission meeting. Commissioner Gonzalez: When is that? Mr. Vilarello: June 24th. Commissioner Winton: Of 2008. Commissioner Regalado: Mr. Chairman, I have a question. You, Mr. City Attorney, you are going to be meeting with the residents, butt have some concerns regarding City facilities that are being carved out, and I'd really like to know before this process starts why the City is taking exception of itself in this ordinance. Mr. Vilarello: The current ordinance has an exception for City facilities, and I simply continued that current exemption. Commissioner Regalado: Well, that will be part of the debate, I hope. Chairman Teele: On the motion, on the motion to defer DI. -- I'm sorry -- SR.1. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. Now, Ms. -- Commissioner Regalado: Mr. Chairman. Chairman Teele: Hold on, just one minute. We have an e-mail here from -- Ms. Bisno, are you here? Are you satisfied? Commissioner Regalado: Bisno. Chairman Teele: Ms. Bisno? You have to come to the -- you have to come to the -- you e-mailed -- it looks like you addressed everybody in the world. (INAUDIBLE COMMENT) Chairman Teele: Give us your name and address for the record, please. (INAUDIBLE COMMENT) Commissioner Winton: Yes, just get closer, Barbara. You have to come closer. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Barbara Bisno: No, I just turned it on. Commissioner Winton: OK. Ms. Bisno: My name is Barbara Bisno. I live at 1000 Venetian Way, Apartment 603. I do -- we do appreciate the motion, and the thought process of deferring this ordinance. We would ask for more than 60 days. We are just beginning to understand, as Commissioner Winton indicated, the broad ramifications of this proposed ordinance, and we would ask for 120 days, at least 90 days. Commissioner Winton: And by the way, Mr. Chairman and fellow Commissioners, this is from a condo association that has some real noise issues, so it just kind of signifies -- Commissioner Gonzalez: Mr. Chairman, I would like to amend my motion to reflect 120 days instead of 60 days. Chairman Teele: All right. Motion to reconsider by Commissioner Gonzalez. Commissioner Winton: Second. Chairman Teele: Second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is reconsidered. You wanted to make a new motion? Commissioner Gonzalez: Yes, sir. I move to defer the Item SR. 1 for 120 days. Commissioner Winton: Second. Chairman Teele: Give us a date, Madam Clerk. Mr. Attorney? Priscilla A. Thompson (City Clerk): That would be -- July the 22nd is 120 days, is it? Chairman Teele: That's the meeting ofJuly 22nd? Ms. Thompson: That's correct, sir. Chairman Teele: All right, to the meeting ofJuly 22nd. Ms. Bisno: Thank you. We appreciate your attention to this matter. Commissioner Winton: Thank you. Ms. Bisno: Thank you. Chairman Teele: All right. We have a motion and a second. See, the government works. Ms. Bisno: Thank you. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is deferred. City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 SR.2 04-00212 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY: REPEALING SECTION 54-1 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 54-1 TO PROVIDE DEFINITIONS; REPEALING 54-2 IN ITS ENTIRETY; AMENDING SECTION 54-3 TO APPLY TO PUBLIC WORKS AND COMMERCIAL EVENTS PERMITS AND TO AFFIRMATIVELY INDICATE ITS INAPPLICABILITY TO PROTECTED SPEECH IN PUBLIC FORUMS; AMENDING SECTION 54-6 TO PROVIDE THE TIME LIMITS FOR THE FILING OF AN APPLICATION FOR A PERMIT FOR PARADES AND PROCESSIONS; ADDING NEW SECTION 54-6.2 TO PROVIDE FOR TIME LIMITS FOR THE FILING OF A PERMIT FOR AN ASSEMBLY; AND REQUIRING INFORMATION IN THE APPLICATIONS FOR PARADES, PROCESSIONS AND ASSEMBLIES TO SPECIFY CRITERIA AND CONDITIONS FOR A PERMIT TO BE ISSUED, AND TO PROVIDE FOR NOTICE OF DENIAL, REVOCATION AND ADMINISTRATIVE APPEAL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00212-cover memo.pdf 04-00212 notice.pdf 04-00212 - substitute memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez 12505 Commissioner Gonzalez: Are we doing SR.2? Is that a public hearing? Alejandro Vilarello (City Attorney): SR. 2 and SR.3, we can take those up relatively quickly. Chairman Teele: Hopefully. Mr. Vilarello: SR.2 is an amendment to Chapter 54, addressing parades and public -- parades and -- Chairman Teele: Did you want to make some appointments before you leave? Mr. Vilarello: -- demonstrations. After you passed this on first reading, we did have a public meeting, received some comments from the ACLU (American Civil Liberties Union), and have, in fact, incorporated several of those comments. None of them require this -- a material change in this, so it can be approved on second reading. Commissioner Winton: Well, what were they? Weren't we rescinding something? Mr. Vilarello: We redefined -- well, that's already been rescinded. Commissioner Winton: OK. City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Vilarello: The ordinance that was passed back in November was rescinded finally at the last meeting, Commissioner, that you were not here. Commissioner Winton: OK, and so what is this? Mr. Vilarello: This is for consideration of a new ordinance, which is a very simple time, place, and manner regulation of demonstrations and parades. Commissioner Winton: That we need. Mr. Vilarello: That we need. Commissioner Winton: Do we already have a similar ordinance on the books? Mr. Vilarello: We had ordinances on the books that had been on the books for over 30 years, and -- Commissioner Winton: So this is a clean up of all of that? Mr. Vilarello: It cleans up several of the issues that Judge Graham was concerned about in the litigation associated with these old ordinances. Chairman Teele: All right. Read the title, please. Commissioner Regalado: There's no sticks here? Mr. Vilarello: There's no prohibition of sticks or rocks in this one. Chairman Teele: Read the title, please. Commissioner Regalado: No stilts? Mr. Vilarello: Pardon me? Commissioner Regalado: Prohibition of stilts. Mr. Vilarello: Stilts are not prohibited by this ordinance. Chairman Teele: Please read the title. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Mr. Chairman, move SR.2. Commissioner Regalado: Second. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Any person desiring to be heard should come forward. There are no persons coming forward. We have a motion by Commissioner Gonzalez, a second by Commissioner Regalado. Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Winton: I have a question. The changes recommended by the ACLU, those are City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 changes that you are very comfortable with? Mr. Vilarello: Yes. They pointed out some issues with regard to the definition of parades, which we incorporated. Commissioner Winton: That we were satisfied with? Mr. Vilarello: Absolutely. Commissioner Winton: OK. Chairman Teele: Madam Clerk, call the roll, starting with Commissioner Regalado. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, with modifications, 4/0. SR.3 04-00213 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND RECREATION" BY REPEALING SECTION 38-67 IN ITS ENTIRETY, AND FURTHER AMENDING SECTION 38-74 TO AFFIRMATIVELY INDICATE ITS INAPPLICABILITY TO PROTECTED SPEECH IN PUBLIC PARKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00213-cover memo.pdf 04-00213 notice.pdf 04-00213 - substitute memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Teele Absent: 2 - Commissioner Sanchez and Regalado 12506 Alejandro Vilarello (City Attorney): Mr. Chairman, the second item, SR.3, is its companion item, and it addresses events in our City parks. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Move SR.3. Chairman Teele: It's a motion and a second. Commissioner Winton, would you second the companion item, please? Commissioner Winton: Yes. Second. Mr. Vilarello: That's the substitute item. Chairman Teele: 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. Just explain to City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 me: You deleted the requirement of having a permit to hold a rally or parade in a park. Why is that? Mr. Vilarello: No. There's a requirement to have a permit, and we detailed the activities that require a permit. What we do is, we make sure -- Chairman Teele: But the -- Mr. Vilarello: -- that nothing in the ordinance prevents anyone from a spontaneous rally or speech, so long as it doesn't interfere with the operations of the park. Chairman Teele: But what I'm trying to understand is, you line out "F, " under 38-74, holding a rally. You line out "G, " a parade. You keep in concerts. You keep in using a football field, soccer field. By the way -- Mr. Vilarello: Parades -- Chairman Teele: -- there's no reference to soccer field here; baseball, softball. We're still back in that old -- Mr. Vilarello: That's the existing language of the ordinance, but we do bring back parades and assemblies, as defined in Chapter 54-1. Chairman Teele: So it's brought back in where? Mr. Vilarello: Subpart 8. Chairman Teele: Would you accept an amendment to this under "B" -- I'm sorry, under 5 -- A-5, use of football fields, adding the word soccer or cricket fields? Mr. Vilarello: That's fine. Chairman Teele: Commissioner Gonzalez, would you accept that amendment? Commissioner Gonzalez: Move, as amended. Chairman Teele: OK. All right. I think I've got it. OK As amended, Madam Clerk, would you call the roll? Priscilla A. Thompson (City Clerk): Yes, sir. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, with modifications and amendments, 3/0. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 RESOLUTIONS RE.1 04-00244 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 01-103, ADOPTED FEBRUARY 8, 2001, IN ITS ENTIRETY AND TERMINATING THE CONTRACT AWARDED TO IDEAL OFFICE PRODUCTS FOR THE PROCUREMENT OF OFFICE SUPPLIES, PURSUANT TO SAID RESOLUTION. 04-00244-cover memo.pdf 04-00244-purchasing memo.pdf 04-00244-rev. termination letter.pdf 04-00244-rev. confirmation report.pdf 04-00244-termination letter.pdf 04-00244-confirmation report.pdf 04-00244-pre. leg islation. pdf 04-00244-termination of award.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0181 Prior to RE.1 being passed and adopted, the City Attorney stated on behalf of the City Manager, that Item RE.1 needed to be withdrawn. A motion was made by Commissioner Gonzalez, was seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to WITHDRAW item RE.1. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to RECONSIDER prior vote to withdraw item RE.1. Item RE.1 was subsequently ADOPTED. Alejandro Vilarello (City Attorney): And the Manager informs me of one more deferral, RE.1 -- withdrawal -- RE.1, a withdrawal. Commissioner Gonzalez: Move to withdraw RE.1. Commissioner Regalado: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Chairman Teele: We would like to take up the supplemental items by Commissioner Winton. S1 S -- Supplemental Item 2 and 3. We'll then take up the blue pages, starting with Commissioner Regalado, Commissioner Sanchez, et cetera, including supplemental items. S -- Supplemental City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Item 2. Mr. Vilarello: Mr. Chairman -- OK We need you to reconsider the withdrawal ofRE.1. That is incorrectly requested to be withdrawn. Chairman Teele: Is there a motion -- Commissioner Winton: Move to reconsider. Chairman Teele: -- by Commissioner Gonzalez to reconsider -- Commissioner Winton: Oh. Commissioner Gonzalez: Motion to reconsider the withdrawal. Commissioner Regalado: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: OK, it's back on the agenda. Now, you want to take that up now? Commissioner Regalado: RE.1. Chairman Teele: All right. Let's just go down these procurement items right now. Let's just take up -- Commissioner Winton: Man, I'm lost. Chairman Teele: -- RE.1, the one that we withdrew and now we put back on. Terminating a bid by Ideal Products. Glenn Marcos (Director of Purchasing): Yes, Commissioner. Chairman Teele: Give us your name and title for the record. Mr. Marcos: Glenn Marcos, Purchasing Director. Before you, what you have are companion Items RE.1 and RE.2. RE.1 is the actual termination of the office supply contract with Ideal Office Products, who has provided poor service to the City. They have failed to deliver office supplies to the City departments on a timely basis. Commissioner Winton: Move RE.1. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Point of clarification. Mr. Attorney, who has the right to terminate contracts? Mr. Vilarello: It does depend on the RFP (Request for Proposals) and the award. In this City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 particular case, it's the City Commission. Chairman Teele: I thought that was generally the case. Commissioner Winton: Me, too. Mr. Vilarello: The RFP sometimes permits the Manager to terminate, and the Procurement Code permits it, as well. Commissioner Winton: So -- Mr. Marcos: IfI may add also, the Procurement Code is silent on that, too. Chairman Teele: It's silent? Mr. Marcos: Yes, sir. RE.2 04-00233 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF OFFICE SUPPLIES FROM OFFICE DEPOT, UTILIZING STATE OF FLORIDA CONTRACT NO. 618-001-04-1, EFFECTIVE THROUGH DECEMBER 30, 2006, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS FROM FISCAL YEAR 2003-2004 CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION, IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00233-cover memo.pdf 04-00233-award approval form.pdf 04-00233-purshasing memo.pdf 04-00233-rev. termination letter.pdf 04-00233-rev. confirmation report.pdf 04-00233-termination letter.pdf 04-00233-confirmation report.pdf 04-00233-tabu lations. pdf 04-00233-certification of contract.pdf 04-00233-contract documents.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0182 Commissioner Winton: Move RE.2. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Who are we piggybacking off of? Mr. Marcos: We're piggybacking off of Office Depot, utilizing the State of Florida contract. Chairman Teele: State of Florida. Mr. Marcos: Yes, sir. We've actually issued our own bid for office supplies, and what we ended up doing was, after we issued our own bid, we compared our pricing versus the State of Florida, and due to the fact that the State of Florida is a much bigger governmental agency, they're receiving better volume discounts, unit pricing, versus the City ofMiami, so what you have before you is the recommendation to make the award to Office Depot, utilizing the State of Florida contract. I also want to add that when we did issue our own RFP, that RFP, was going to be awarded to Office Depot nonetheless. Chairman Teele: But this is a lower volume price, I'm sure. Mr. Marcos: With substantial savings involved. Chairman Teele: All right. Is Ideal a local company? Mr. Marcos: Ideal Office Products was a non -local company. Chairman Teele: All those in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.3 04-00089 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH MOTOROLA, INC., SOLE SOURCE PROVIDER, PURSUANT TO RESOLUTION NO. 02-1167, ADOPTED OCTOBER 29, 2002, FOR THE ACQUISITION OF EIGHTY (80) ADDITIONAL MOTOROLA XTS 5000 PORTABLE RADIOS WITH ACCESSORIES FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $279,256, INCREASING THE CONTRACT AMOUNT FOR THE SECOND YEAR FROM $334,974.60 TO $614,230.60, AND THE TOTAL CONTRACT AMOUNT FROM $845,846.10 TO $1,125, 102.10; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, " URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM II," PROJECT NO.110111, ACCOUNT CODE NO. 280910.6.840; AMENDING RESOLUTION NO. 02-1167, TO REFLECT SAID INCREASE. 04-00089-cover memo.pdf 04-00089-budgetary impact .pdf 04-00089-documents from motorola.pdf 04-00089-pre. reso.pdf 04-00089-pre. ord.pdf 04-00089-increase of contract.pdf City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0183 Chairman Teele: RE.3. Commissioner Winton: So move. Commissioner Regalado: Second. Chairman Teele: You want to explain what we're doing there, Mr. Marcos? Glenn Marcos (Director, Purchasing): Basically, what we're doing here is increasing the actual contract with Motorola. The City Commission actually had awarded this item as a sole source, and now there's an additional need to purchase Motorola radios. Commissioner Gonzalez: Move -- Chairman Teele: Does this require four votes? Commissioner Gonzalez: I'm sorry. Mr. Marcos: Yes, sir. Chairman Teele: Is this advertised as requiring four votes? Mr. Marcos: Well, this is just the increase to the sole source. Chairman Teele: I'm asking a simple question. Is this advertised as requiring four votes? Mr. Marcos: No, sir. Chairman Teele: Does it require four votes, Mr. Attorney, to increase a sole source? All those in favor -- Alejandro Vilarello (City Attorney): Mr. Manager I need to -- I mean Mr. Chairman, I need to take a look at this. Chairman Teele: Well, it's on the agenda. I'm just asking a question. All -- Commissioner Gonzalez: I have a question. Chairman Teele: You have a question on it? Commissioner Gonzalez: Yes, sir. Chairman Teele: Commissioner. Mr. Marcos: Commissioner, I can clarify that. What you have there -- Chairman Teele: Hold on, just one -- Commissioner Gonzalez. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Gonzalez: Who's going to be using these radios? Police Department, the Fire or -- ? Mr. Marcos: This is for the Fire Department. Chairman Teele: Further discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.7. Is that you? Commissioner Winton: Oh, that was for Fire? That was for Fire? I thoughtl meant to defer that item. Commissioner Regalado: Motion to reconsider. Commissioner Winton: No, I'm just kidding. I'm trying to bust his chops a little. Commissioner Regalado: Oh, OK. Commissioner Winton: Totally kidding. RE.4 04-00059 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST'S ("MODEL CITY TRUST") APPOINTMENT OF MARVA L. WILEY AS PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE TRUST, UNDER THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON. 04-00059-cover memo.pdf 04-00059-model city reso.pdf 04-00059-resume.pdf 04-00059-exh i bit. pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to DEFER item RE.4; further directing the City Manager to instruct the Acting President/Chief Executive Officer of the Model City Community Revitalization District Trust to meet with Commissioner Gonzalez prior to rescheduling this item back for Commission consideration. Chairman Teele: All right. We have a request by Commissioner Sanchez to defer PZ.15, which we cannot do until the PZ (Planning and Zoning) items have been advertised. That's 3 o'clock, I assume. Commissioner Gonzalez: Move to defer PZ.15. Chairman Teele: No, no, we can't do that until 3 o'clock. Commissioner Gonzalez: Oh, OK. Chairman Teele: I just wanted to make sure. When an item is advertised for a time -- City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Gonzalez: Yeah. Chairman Teele: -- that's the disadvantage of doing time certain and all this. Commissioner Gonzalez: All right. Chairman Teele: You have to take it up at that time. He also has a request that Item RE. 4 be deferred. Is there a motion to defer RE.4? Commissioner Gonzalez: Move to defer RE.4. Commissioner Regalado: Second. Chairman Teele: All right. I want to just say one thing, now. This Model City Trust appointment is -- has been on the agenda three or four times. The law of unintended consequences is going to take effect. I don't know if somebody is trying to send a signal or what. It was my understanding that this thing was cleared two weeks ago, three weeks ago. I certainly would never, ever presuppose to rush an appointment of any official, but I do think if there is a Commissioner who has a concern, we need to know what those concerns are and put them on the table. I was assured by the Manager at one point -- I guess almost a month ago -- that there were no concerns, so I would appeal to everyone that at the next meeting that we clear our concerns with the Manager's office or with the nominee directly and that we be in a position to vote on this, up or down, or defer it, or remove it. Commissioner Winton: I'll be happy to bring it forward next time. Commissioner Gonzalez: Mr. Chairman -- Chairman Teele: All right. All those in favor of the motion -- Did you want to discuss that one? Commissioner Gonzalez: Yes, sir. On the deferral of RE.4, at the last Commission meeting, I was ready to defer the item -- Commissioner Winton: Which one was that, Angel? Commissioner Gonzalez: -- hoping -- Commissioner Regalado: RE.4. Commissioner Gonzalez: -- RE.4, the appointment of the Executive Director for the Model City Home Trust, and I did hope that the person -- the nominee for the Executive Director position would give me the courtesy of sitting down with me and discussing with me my concerns, and that never happened. I didn't even get a call from this lady, and until I can have the opportunity to sit down with her -- because I realize that she may be very busy, but I'm also very busy, and if I have the time to meet with her and discuss my concerns, I believe that she should find the time to sit down and at least have the courtesy of giving me a call, which she hasn't so far, so I do have some concerns. I do have some questions in reference to the operation of the agency, the monies that have been spent, the way they have been spent, et cetera, et cetera, et cetera. I'm not going to go into the details, butt hope that this lady will find the time at one time or another to sit down with me and answer my questions before we come back to the Commission. Chairman Teele: Mr. Attorney. Alejandro Vilarello (City Attorney): Yes, sir. City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Don't we have in effect -- don't we have an ordinance or a resolution -- Commissioner Regalado: Yes, we do. Chairman Teele: -- that says that any Commissioner may hold an appointment until they have been interviewed by the person, whether it be Off -Street Parking or whatever? Mr. Vilarello: It requires that the appointee or the recommended or nominated appointee to the independent agency to meet with each Commissioner prior to it being considered by the City Commission. Commissioner Winton: Or make the attempt to. Mr. Vilarello: Or attempt. It does -- yes, sir. Chairman Teele: Commissioner Gonzalez -- Commissioner Winton: And Commissioner Gonzalez is always available. Chairman Teele: In the presence of God, I am absolutely shocked that you would make the statement that you have made today, because in the presence of the Manager, I had a one -hour conversation with the nominee and expressly stated that they must meet with each Commissioner individually, and with staff where appropriate, but this is not something that, because it affects my district that it is a district item. It is a citywide item, and I cannot believe -- I mean, I believe you, but I'm going to meet today at noon with the Executive Director, the interim Director, and this is going to be the first item that comes up, because, first, we have a resolution that says any Director -- Off -Street Parking, CRA (Community Redevelopment Agency), MSEA (Miami Sports and Exhibition Authority) -- any Director of an independent agency must meet or seek to meet with the Mayor and each individual Commissioner prior to this, and in effect, any Commissioner can put a hold on a name before -- because that's our rule, and -- Commissioner Gonzalez: And let me add that I'm a strong supporter of this project. I will be a strong supporter of the project, and everything that is planned to be done in that area, because I believe it's needed. It's been needed for a long -- for the longest time, but I have questions. Chairman Teele: And your questions are entitled to be answered, sir, and I want to apologize to you, and I'm going to ask the Chairman of the Board to also be in contact with you. Madam Clerk, Madam Clerk, I want you to hear what I'm saying. I'm going to ask the Chairman of the Board of the Model City Trust to be in contact with Commissioner Gonzalez' office today over lunch to provide some form of discussion or explanation as to what is going on here. All right. We have a motion, we have second. Thank you for putting that on the record. Commissioner Gonzalez: Yes, sir. Chairman Teele: All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. RE.5 04-00150 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT - City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ROWING AND WATERSPORTS CENTER, INC. ("LICENSEE") A NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 1.03 ACRES OF CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO PROVIDE FOR: (1) A ONE-YEAR TERM THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE- YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) LICENSEE SHALL PAY AN INITIAL USE FEE IN AN AMOUNT NOT TO EXCEED $500 PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, FOR A SIX -YEAR (6) PERIOD; (3) LICENSEE MAY ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH PROGRAM OPERATORS FOR THE PURPOSE OF OPERATING AND MAINTAINING WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES; AND 4) LICENSEE AND EACH PROGRAM OPERATOR SHALL PAY THE CITY OF MIAMI 12% OF THEIR RESPECTIVE MONTHLY GROSS REVENUES, AS SET FORTH IN THE AGREEMENT. 04-00150-cover memo.pdf 04-00150-budgetary impact analysis.pdf 04-00150-pre. agenda pages.pdf 04-00150-board of directors.pdf 04-00150-letter from IRS.pdf 04-00150-memos from the state.pdf 04-00150-restated articles of incorporation.pdf 04-00150-certificate designating registered.pdf 04-00150-certificate pursuant to FL. statue.pdf 04-00150-By-Laws articles.pdf 04-00150-By-Laws articles 2.pdf 04-00150-exhibit 1-RLA.pdf 04-00150-exhibit 2- legal description.pdf 04-00150-exhibit 3- map.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez absent, to DEFER item RE.5. Commissioner Regalado: Mr. Chairman. Chairman Teele: Yes. Commissioner Regalado: I would like to defer to the next Commission meeting RE.5. I need to speak to the Manager. Chairman Teele: Motion to defer RE.5. It's a license. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor of the deferral ofRE.5, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Excuse me, one second. On RE.5, by the way, which is in my district, I'm assuming, Commissioner Regalado, that whatever the issue is that you all are going to get it resolved -- Commissioner Regalado: Yes, sir. Commissioner Winton: -- somewhere between now and the next meeting. Commissioner Regalado: Yes, sir. Commissioner Winton: Great. OK. Commissioner Regalado: Johnny, everything is in your district. Commissioner Winton: I know. It's an awful lot, isn't it? Commissioner Regalado: Yeah, yeah, yeah. RE.6 04-00293 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF INTEREST OF KAPUSTIN CORPORATION IN THE EVERGLADES CENTER APARTMENTS PARTNERSHIP TO EVEROK INVESTMENT, LLC AND THE RELEASE OF THE OBLIGATIONS OF KAPUSTIN CORPORATION UNDER THE HOME PROGRAM AGREEMENT, RESULTING IN NO CHANGE IN CONTROL OR IN THE MANAGEMENT OF THE EVERGLADES CENTER APARTMENTS PARTNERSHIP, CONTINGENT UPON THE RESTRUCTURING OF THE PROMISSORY NOTE ("NOTE") AND MORTGAGE REQUIRING THAT PAYMENTS FOR A LOAN MADE WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS UNDER THE NOTE TO BE RETROACTIVE TO JANUARY 1, 2004; TO MAKE THE CITY LOAN CURRENT, WITH A FIFTEEN YEAR AMORTIZATION TO BEGIN JANUARY 1, 2004; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00293-cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0185 Commissioner Regalado: Mr. Chairman, I do have some items in the blue pages, but if you wish, I can -- Chairman Teele: Well, the order of the day at this moment is to do RE.5 and 6, I think, to resolve those two and then go to Commissioner Winton's blue pages. Priscilla A. Thompson (City Clerk): Sir, Commission -- City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: RE. 5 has been deferred. Ms. Thompson: Is deferred. Chairman Teele: RE.6. Barbara Rodriguez (Director, Community Development): Barbara Rodriguez -- Commissioner Regalado: Move it. Chairman Teele: Would you explain what we're doing, ma'am? Barbara Rodriguez (Director, Community Development): RE.6. This is -- basically we have gotten a request. We have a housing unit that was comprised of two partners. One of the partners is requesting to fransfer his interest to the other one, and basically, we are requesting and we are recommending the Commission to release Capustin Corporation and fransfer his interest to Everock Investment, L.L.C. Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: Did we put any money in that project? Commissioner Winton: Yes. Ms. Rodriguez: Yes, we did. Chairman Teele: About how much? Ms. Rodriguez: A million -three. Chairman Teele: Is the company that it's being transferred to a local company? Commissioner Winton: Yes. It's -- Ms. Rodriguez: It was the same company. It was just 75/25, and the 25 is being put to the investor that was 75. Commissioner Winton: It was -- Mr. Chairman, it was a joint venture relationship between Capustin and the Rock family, and Everock is Rock. Ms. Rodriguez: Nathan Rock. Commissioner Winton: So that's 100 percent downtown local. Chairman Teele: All right. Motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.7 04-00295 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 RESOLUTION NO. 03-1214, ADOPTED DECEMBER 18, 2003, WHICH APPROVED THE PROCUREMENT OF COMPUTER HARDWARE, SOFTWARE, AND OTHER RELATED EQUIPMENT AND SERVICES, FROM THE INTERNATIONAL BUSINESS MACHINES CORPORATION (" IBM"), UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 973- 504-03-01, EFFECTIVE UNTIL MARCH 31, 2004; AUTHORIZING A DECREASE IN THE TOTAL CONTRACT, IN AN AMOUNT NOT TO EXCEED $3,417.93, FROM $844,308.55 TO $840,890.62, AND INCLUDING TWO ADDITIONAL EXISTING STATE OF FLORIDA CONTRACT NOS. 252-008-99-1 ( INFORMATION TECHNOLOGY SOFTWARE, UPGRADES), EFFECTIVE UNTIL JUNE 30, 2004, AND NO. 250-000-03-1 (INFORMATION TECHNOLOGY HARDWARE), EFFECTIVE UNTIL JULY 31, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $840,890.62; AMENDING RESOLUTION NO. 03-1214 TO REFLECT SAID DECREASE AN TO INCLUDE THE ADDITIONAL STATE OF FLORIDA CONTRACT LANGUAGE. 04-00295-cover memo.pdf 04-00295-system pricing.pdf 04-00295-back up documents.pdf 04-00295-memo from the state.pdf 04-00295-contract cert.pdf 04-00295-special cond.pdf 04-00295-IT hardware.pdf 04-00295-memo from the state2.pdf 04-00295-contract .pdf 04-00295-pre. leg islation. pdf 04-00295-amendment.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0184 Chairman Teele: RE.7. Is that you, Glenn? Glenn Marcos (Director, Purchasing): Yes, it is. RE.7 is my item. Commissioner Winton: OK. Mr. Marcos: And what you have here is basically, we're amending the actual resolution of a prior resolution that came before you. What we're doing is we're adding on State of Florida contracts to purchase computer hardware, software and related equipment, and what happened was that when the actual item came before you a couple months ago, there were items that needed to be purchased that could not be purchased out of the actual State of Florida contract that sat before you. Now, we're making that amendment. Chairman Teele: Is there a motion? City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: So move. Commissioner Gonzalez: Move. Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 BOARDS AND COMMITTEES BC.1 03-0147 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commission At -Large (Commissioner Gonzalez) Commission At -Large (Commissioner Winton) Commission At -Large (Vice Chairman Sanchez) Commission At -Large (Commissioner Regalado) Commission At -Large (Chairman Teele) Vice Chair Commission At -Large (Commissioner) Commission At -Large Commission At -Large Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz 03-0147-memo-1.doc The discussion on Item BC.1 resulted in the First Reading Ordinance shown below, which amends the composition of the Mayor's International Council. (BC.1) 04-00336 ORDINANCE First Reading City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," TO CHANGE THE VOTING STATUS OF THE MAYOR FROM A VOTING TO NON -VOTING MEMBER, TO CHANGE THE STATUS OF THE EXECUTIVE DIRECTOR, TO ADD TWO MEMBERS TO THE BOARD TO BE APPOINTED BY THE COMMISSION -AT -LARGE AND TO CORRECT AN ERROR IN THE TERMS OF THE MEMBERS APPOINTED BY THE COMMISSION TO BE APPOINTED FOR SPECIFIC STAGGERED EXPIRATION TERMS; MORE PARTICULARLY BY AMENDING SECTION 2-923(a) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00336-cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Commissioner Winton: I've got the Mayor's International Trade Board thing -- Chairman Teele: All right. Commissioner Winton: -- that we sent back -- what was that, two months ago or whatever that was. And there's still some -- we're going to -- from the documents that's in the book, there's some changes that I will read to you that have to be incorporated into this. One, the Mayor will be a non -voting member. Number two, the Executive Director will not be on the board. That means that we have an equal number of appointees, so we're going to add another board member, and we're going to also take one of the proposed board members appointed by the Mayor and move it to the Commission at Large and add that to the new board member we're taking so the Commission at Large will be two. Commissioner Regalado: OK Commissioner Winton: So each Commissioner -- I forget the number now. Commissioner Regalado: Will have -- Chairman Teele: Is this for first reading or second reading? Commissioner Winton: This is first, is that not correct? First. Chairman Teele: At least, give us a chance to read it. Commissioner Winton: Yeah, exactly. Well -- oh, you don't have it in your book? Commissioner Regalado: So, what -- Commissioner Winton: I don't know what it's on. Chairman Teele: I think what was in the book was board appointments. What was in the book was the appointments. We don't even have the ordinance straight, so why don't we do this -- Commissioner Winton: Yeah, move -- City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Why don't we -- Alejandro Vilarello (City Attorney): If we give me five minutes, we can put together a title. Chairman Teele: Why don't we take the title of the existing ordinance and read it into the record for first reading, and then we can come back and make the changes -- Commissioner Winton: At the next -- Chairman Teele: -- at the next meeting, so we don't lose a whole month. Commissioner Winton: Good idea. Good idea. Mr. Vilarello: OK. Just give me a moment. Commissioner Regalado: So, we don't make -- Mr. Vilarello: You don't even need to make the changes next month. You just -- I'll read -- well, there you go. If you have the title there -- Commissioner Winton: Yeah, I've got it. Chairman Teele: What are you doing, Chief of Staff? Mr. Vilarello: And this will be -- you adopt it as amended by Commissioner Winton's comments. The Ordinance was read by title into the public record by the City Attorney. Mr. Vilarello: And you're going to consider it -- amend it as pursuant to Commissioner Winton's comments. Commissioner Winton: And the amendment will be: The Mayor will be a non -voting member. That's an amendment. The Executive Director will not be a member of the board. That's an amendment. We will add one new appointment, which will be an at large appointment for the Commission, and we're going to take one of the appointees in here that belongs to the Mayor and move it also to the at large position of the Commission, thereby, giving the Commission two at large members. So moved. Commissioner Regalado: Is there like a representative -- the Commission in the board, Johnny? Commissioner Winton: Yes. Commissioner Regalado: OK Commissioner Winton: I'm sorry? Chairman Teele: You can't make the appointments until after second reading. Commissioner Winton: Yeah, we have to bring that back to the next -- we'll make appointments at the next one. So moved. Commissioner Regalado: Second. Commissioner Gonzalez: Second. City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Is there objection? Moved and second. Madam -- you've read the title sufficiently, Mr. Attorney? Mr. Vilarello: Yes. Chairman Teele: Madam Clerk, call the roll for first reading. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The amended ordinance has been passed on first reading, 4/0. City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 DISCUSSION ITEMS DI.1 03-0357 DISCUSSION ITEM DISCUSSION AND APPROVAL OF THE FEDERAL LEGISLATIVE AGENDA. 03-0357- cover page.pdf WITHDRAWN On behalf of the City Manager, the City Attorney requested that Item DI.I be withdrawn. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to WITHDRAW item DI.1. Alejandro Vilarello (City Attorney): And finally, at the request of the Manager, a withdrawal of DI.1, which is the legislative discussion. Commissioner Gonzalez: Move to withdraw DI.1. Commissioner Regalado: Second. Chairman Teele: Motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Winton: What did we do? Commissioner Regalado: Deferred something. Chairman Teele: Defer -- we didn't pass anything. We just deferred, et cetera. Commissioner Winton: OK. DI.2 04-00273 DISCUSSION ITEM DISCUSSION CONCERNING PART TIME/TEMPORARY EMPLOYEE'S PROMOTIONAL OPPORTUNITIES TO FULL TIME, CIVIL SERVICE STATUS. 04-00273-cover page.pdf 04-00273 memo, report.pdf MOTION Direction to the City Manager by Commissioner Gonzalez to meet with him to discuss issues of human resources and the unions. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and passed unanimously, with Vice Chairman Sanchez absent, directing the City Manager to offer promotional opportunities to all part-time/temporary employees with ten years or more seniority for a full-time, classified entry-level position. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Direction to the City Attorney and Administration by Commissioner Winton to provide the City Attorney with all the options available to the City Commission related to part-time/temporary employees; and further instructing the City Attorney to review and determine if legal, the option of doing a one-time waiver of probation period for this group. Chairman Teele: All right. Are we ready on the part-time? Are we ready on the part-time? Commissioner Gonzalez: Where is the part-time? Chairman Teele: If not, SR.1 was deferred. SR.2 and 3, Second Readings 2 and 3, or we'll take up the item if you're ready, ma'am. We're over to "D" -- Discussion Item Number 2. This is part -time employees to full-time. Commissioner Winton: Which one are we going to? Part-time and full-time? Chairman Teele: Discussion Item Number 2, part-time to full-time. Discussion Item 1 was withdrawn and D.3 is time certain for 5 p.m. at the Manager's request. Yes, ma'am. Rosalie Mark: Rosalie Mark, Director of Employee Relations, City ofMiami. You have in your possession a memo from the City Manager that has an attachment which presents two possible solutions or recommendations on the part-time temporary to full-time. In addition to the one that was put forth by Commissioner Teele and Regalado, which was those employees with ten years or more of service be promoted or be offered full-time positions. Chairman Teele: There was no promotion associated with anything that I -- Ms. Mark: Well, it technically is a promotion. That's part of the -- Chairman Teele: Going from part-time to full-time is technically a promotion? Ms. Mark: Yes, because the positions they're in now, the classification changes, and part of the cost of moving them into those positions is the salary impact. Temporary to full-time, different classification, they move up in salary, as well as all the benefits, so you could say it's a promotion, but as far as the ten years or more, the transition, let's say, into a full-time position, we're looking at a cost impact of about a half a million dollars on an annual basis. Commissioner Gonzalez put forth another recommendation for consideration that would recognize these employees by giving them a ten percent salary increase with ten years or more of service. The cost impact would be seventy-six thousand on an annual basis, and then what we would also do is proceed with the recommendation in our previous package to allow these employees to compete for designated entry level unskilled permanent positions on a priority basis, so as any permanent classified entry level position that we've designated -- and there was a whole packet of them -- we would first go to current classified employees to see if any of them wanted that position, which it's likely they wouldn't, and then we would offer it to our most senior qualified part-time or temp on the list, and they would have the first opportunity for that position. If they chose not to take it, we would go to the next person and so on. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Winton: Well, could we hear the whole on that -- never mind, I'm sorry, Commissioner Regalado. Commissioner Regalado: No, I just have a question on what she read here. With ten years or City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 more, there are 42 part-timers with ten years, more of seniority. The assumption that all 42 will accept a full-time classified entry level position, and my questions is, is this automatic, or they have to go through some kind of exam, or test, or something for them to enter into full-time? Ms. Mark: Now, when we prepared this, we made the assumption that we would find a comparable position in the classified position list, and that is what they would be offered, so if they are currently doing labor work, we would look for the comparable laborer position that already exists. Commissioner Regalado: Yeah, but my question is, do they have to pass an exam? Chairman Teele: No. Commissioner Regalado: No. Ms. Mark: No. We were looking at -- Chairman Teele: Not under what you're proposing and I'm proposing. Under what Commissioner Gonzalez is proposing, they would. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: Right. And that is my whole question. Ms. Mark: There aren't really exams associated with this. There's qualifications. For instance, there are a couple of positions in that packet that I gave you where people would have to have a commercial driver's license, so we're not going to have them driving a vehicle if they don't have it, they could go get it, that type of thing. Commissioner Regalado: But there is no -- on this scenario, there is no exam, no evaluation committee, no selection committee. They're just entry -- if they are drivers, they need a driver's license, of course. Chairman Teele: If they've been a driver, they should have one. Commissioner Regalado: If they've been a driver, they -- Chairman Teele: They should have had a driver's license. Commissioner Regalado: -- they still have a driver's license, so that's my -- Ms. Mark: This was the assumption for this group on a one-time basis. We would just transition them into comparable positions and then -- Commissioner Regalado: Right, but my question is why would somebody turn down -- Commissioner Winton: Well, who knows? How could she answer that question? Ms. Mark: Some people just want to work part-time. Commissioner Regalado: Huh? Ms. Mark: Some people just -- Chairman Teele: Some people may just want to work part-time. City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Yeah. Commissioner Regalado: I understand that, but I just want to make sure. I just want to make sure that there is no exam for the entry level. Commissioner Winton: She said there's no exam. Commissioner Regalado: OK. Chairman Teele: But I think this -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Yeah. I do have the same concerns that Commissioner Regalado has. I don't want to see that these employees that have been with the City for ten years now, whenever there is an opportunity to promote him to a Civil Service rank or permanent position or whatever that they don't been asked to present a master degree in administration when they're going to be making seven dollars an hour, because that is something that is happening in here, and let me tell you, Mr. Manager, I'm going to take this opportunity to ask you to please sit down with me and have -- we need to have a conversation about human resources, some things that are going on that I don't really appreciate, and as a matter of fact, in perceiving that somehow, somewhere, there is some manipulation to force us into a confrontation, to fry to make us go into a confrontation with the unions. I have been a strong supporter of the unions. I'm going to be a strong supporter of the unions, but there are some areas that you and I need to talk about and see what's going on in there, because we have people that have been cutting lawns on parks for seven years, and now, they're being asked to have a master's degree or a bachelor's degree to, you know, to pick up garbage. Commissioner Winton: To do the same work. Commissioner Gonzalez: I mean, you know, I don't know what -- Commissioner Regalado: That's my point. Commissioner Gonzalez: I don't know what is going on. Commissioner Regalado: That's my only point. Commissioner Regalado: But let me tell you, and unfortunately, you know what happen, Johnny? Most of the people that do this work are people that don't have a high education, people that are hard working people that are making -- you know, striving to make a living, and what we're doing is putting more obstacles and obstacles in their way to get ahead, and we should not allow that. Commissioner Winton: So let me help with this a bit. Commissioner Gonzalez: And I bet you there are people here, I bet you -- and I don't want to get into that. I don't want to go into a discussion of two hours, but I bet you there are people here that are making a hundred dollars -- a hundred thousand dollars a year and don't have a bachelor's degree. Commissioner Winton: Yeah, I'm one of them. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Gonzalez: OK? Chairman Teele: You don't make a hundred a year. Commissioner Regalado: You don't make a hundred thousand. Commissioner Gonzalez: No, I mean as an employee. No, you don't make a hundred thousand dollars a year -- Commissioner Winton: No, I make more than that, but I don't have a bachelor's degree, either. Commissioner Gonzalez: -- as an employee, OK? We have people here that make a hundred thousand, eighty thousand, a hundred -- ninety thousand, a hundred and twenty thousand and don't have a bachelor's degree, and we are asking of these people -- Commissioner Winton: Yeah. Commissioner Gonzalez: -- to have a master's degree or a doctorate in order to pick up garbage on a park or to cut the lawn. Commissioner Winton: And Rosalie, just so we're clear on that, I've heard the same kind of thing. I think we've all heard this, so I think it's an issue that you all do need to sort through and get with the Commissioner, figure out what the rumor mill is, figure out what the facts are, and let's get this problem nipped in the bud. Ms. Mark: I appreciate that, Commissioner. The only thing I will say is in the packets that I distributed previously to this packet, there was a whole bunch of jobs that are considered unskilled entry level that do not have that type of requirement. Some of them are eighth grade education. The majority are, and that's only because the position may require that a person be able to read a label that is written in English that will require them to -- you know, use for chemical purposes, so all I want to suggest is the packet that you all have of those positions, which the union signed off on that they were willing to make part of this bucket for these people don't have those requirements. Commissioner Winton: OK, good. Ms. Mark: They're pretty simple. Commissioner Winton: Because that's one of the points that both Commissioner Regalado and Commissioner Gonzalez are making, and that is that these people have been doing whatever job they're doing for more than ten years with whatever qualifications, whatever background, whatever they have right now, and they're just asking you -- and I think you've answered it -- they just want to make darned sure that there's not a new requirement -- and I'll use the example of reading as an example. Well, if they hadn't been able to read in the past, and they've been doing the job OK with us for more than ten years, then we don't want them to have to read in the future. Commissioner Regalado: Exactly, exactly. Commissioner Winton: And that's all they're saying. Commissioner Regalado: Exactly. Commissioner Winton: And so let me be clear here. Your answer to that question is that we've City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 created absolutely no new conditions for them to move from temporary or from permanent part- time to a full-time job. You've created no new conditions for these forty -- how many ? -- two? Ms. Mark: To a comparable position. Commissioner Winton: Yes. Ms. Mark: Right. Commissioner Winton: These 42 people to move into that comparable full-time position; is that correct? Ms. Mark: Comparable, right, if they choose to. Commissioner Winton: OK. Commissioner Gonzalez: And I also -- when I had this discussion, I also suggested -- and I don't know if it is -- because I'm not into labor relations or anything like that -- but I also suggested that if these people have been working for the City for seven years, eight years, ten years or whatever and they're going to be applying for a permanent position, there should be a way that we should give them some kind of points, you know, to their advantage, because they've been serving the City for ten years, you know. They should have some -- it's like veterans. Veterans get privileges, you know, when applying for jobs. Well, if we have a person that has been working for us for seven years or eight years and there is a position open, we should give this employee some type of incentive so he can, you know, have a fair shake of getting that position, you know. Commissioner Winton: Including new training to help him ultimately get that new position. Commissioner Gonzalez: Right. Chairman Teele: Commissioners, I think, unfortunately, this conversation, this discussion started in the middle of a series of discussions that this Board has had, and I think it's important to the public that the full record and the context of this be put in. First and foremost, the documents that we had before us before are not here today, and that is the document that shows the number of employees part-time that have -- we have for one year or less, all the way up to 30 years, and it was an analysis of those documents and the cost impact of that that the discussion was made. It was not just a recommendation that was put out, I mean, and I think that recommendation that was attached to Commissioner Regalado's name and my name needs to be put into context. That was in the context of looking at four or five breaking points -- 30 years, 25 years, 20 years, 15, ten, et cetera. Ms. Mark: That's correct. Chairman Teele: Ten years was the number that came to mind based upon the economic impact, and the budget analyst, the Budget Director was there and supported the fact that the City could absorb that number. That's number one. Number two, we're not talking largely about part-time people in the normal sense of the word. The City ofMiami has engaged in a pattern over the last 20 years or so that is nothing short of an apartheid type of system where we have people working 38 years -- I mean 38 hours and 39 hours under the guise of being part-time -- Commissioner Winton: For years. Chairman Teele: -- for years, and candidly, that has been the one thing, you know, that we tried to get in when we were under the Oversight Board, et cetera, to change those people out, and we City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 have had people to retire from this City, after working 32 years part-time. They don't even get a watch. They don't get benefits. They don't get anything, and they were working 38 and 39 hours, so this has been a subterfuge, and when you say part-time, people are thinking about eight, ten hours or whatever. This scheme that we've been looking at is a scheme in which somewhere along the line -- not this management, not the previous management -- but it's been going on for some long period -- obviously, if we're talking about people 30 years, it's been going on for 30 years -- OK? -- where -- what this Commission is saying is that after someone has worked faithfully, satisfactorily for this City for some number of years, whether it be ten, or eight, or 15, it really doesn't matter. We need to adopt a policy that those persons are automatically given consideration for full-time jobs and full-time status. Now, Johnny, I don't know whether you were here or you were out skiing, but as a result of this conversation, all of us got for the first time notices -- Commissioners, and I think the Mayor -- because, you see, we're considered part-time in the computer, the way the computer has it loaded, so we got job notices of solid waste workers -- Commissioner Winton: I wondered why I got that. Chairman Teele: Yeah, well, it was because ofyour qualifications. Commissioner Regalado: You do not have -- Commissioner Winton: I got a job offer going here. Commissioner Gonzalez: You're under -qualified. Chairman Teele: We got job offers -- Commissioner Regalado: You're not a Ph.D. so -- Commissioner Winton: Yeah. Chairman Teele: -- for parks attendants. Commissioner Winton: But I didn't qualify because I didn't have my bachelors. Chairman Teele: So then a whole series of things started to cascade down, and that's sort of where we are, and I've heard it -- you know, I've heard that people have been hired in the last 30 days, you know, this hurry up to hire people so that the part-timers -- and that's what Commissioner Regalado is alluding to, and obviously, if you have been here as, say, Commissioner Regalado -- how long have you been on the Commission, Commissioner? Commissioner Regalado: Eight years and a half sir. Chairman Teele: So he's been here eight years and he's never gotten one of these notices. Something's going on, and that's what we're frying to suggest, is that we want to make sure that we don't get manipulated in putting ourselves in a fight with the unions or the part-time people, and I really would like for Mr. Cox to come forward and put on the record that you have no objections to what it is we're doing, because I don't want to get -- you know -- sort of blind -sided, the way Joe Arriola says he got blind -sided with a grievance after a discussion. Charlie Cox: You know, my name gets thrown into everything, but I've said it before on the record and I'll say it again. Chairman Teele: Your name? City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Cox: I -- Charles Cox, Local 1907, 4011 West Flagler Street. I have no objections. I think you all are doing the right thing from the get -go, butl do not represent part-timers or temporaries -- we never have -- and we -- also, every time you've called me to the mike, I've told you how many part-timers and temporaries you have had, and you've done it to me 10, 12 times, and the other Commissioners used to do it to me, butl think you're doing the right thing to just put these people in there. If they could do the job for 10 years, why do we need to do anything other than wave your magic wand? Chairman Teele: But I've just never understood one thing, Charlie -- and this is not to beat on you personally or the union process -- but how could you all sit by -- not whether you represent somebody or not -- and let people retire after -- you know of people that have retired after 25 and 30 years, don't you, that got nothing? Mr. Cox: There was a -- I know that Commissioner Regalado brought my name into it. Back when Mr. Odio was here, we had an agreement over one of the ladies that worked in daycare that was here for 32 years, to make her full-time, and then everything broke loose at that time with this lady, and she got intermingled and it didn't happen for her. Her son came around and went to every Commissioner, went to me, and we went to Cesar with it and everything else, and he realized it was wrong, but that's when our house kind of tumbled down and it didn't get done, but that lady I was aware of. I will tell you the organization ofAFSCME (American Federal, State, County and Municipal Employees) represents temporaries and part-timers and I fought against it the only few times that ever went to any of their meetings, and I think it's wrong, but then again to, you know -- Chairman Teele: You have no objection to what we're -- Mr. Cox: Not whatsoever. I think you're doing the right thing and I think -- you know what? I don't every compliment them, butl think they're finally stepping up for once in their lives, you know, doing the right thing. Chairman Teele: If that's a left-handed -- is that a left-handed compliment? Mr. Cox: That's -- Commissioner Gonzalez: That's not a compliment. Mr. Cox: (INAUDIBLE) I take all the hits for everybody. Commissioner Winton: I think he was complimenting Rosalie, not Joe. Chairman Teele: OK. Do we have a resolution before us? Commissioner Regalado: What is -- Commissioner Winton: No. We have two -- Commissioner Regalado: What is what we're doing? Commissioner Winton: We have two options that we need to choose from; is that not correct? Commissioner Regalado: We have two options. Commissioner Winton: We have two options we need to -- Ms. Mark: Yes, that's correct. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: What Commissioner Gonzalez proposed and what you and me have proposed. Ms. Mark: Do we need to prepare a resolution? Commissioner Winton: Well, here -- Ms. Mark: Well, we have two recommendations: One is 10 percent increase now and then use the promotional process that was presented previously that I just mentioned, or to promote -- or to offer full-time positions to people with 10 years or more of service. Chairman Teele: Without a pay increase. Commissioner Gonzalez: But it was not only 10 percent. It was 10 percent, plus benefits. Ms. Mark: No. It was 10 percent in the benefit package that was approved at the -- two meetings ago for health insurance. Chairman Teele: But they get that anyway. Ms. Mark: Yeah. Chairman Teele: They're getting that anyway. Ms. Mark: So, it really was just the 10 percent. Chairman Teele: So, it's -- Commissioner Winton: Now, why can't we go -- Commissioner Teele just said it. In the other option, why can't we go the option where we move this entire classification -- the 46 people or 42 , whatever that number is, to full-time, if they choose to go there -- Ms. Mark: Right. Commissioner Winton: -- without giving them a raise? Ms. Mark: We -- Chairman Teele: That's what I want to do. Ms. Mark: You -- Chairman Teele: I don't want to give them a raise. Commissioner Winton: They get the benefits. Ms. Mark: The comparable position -- our temporary pay scale is lower than our classified pay scale, so when you look at position by position, looking for a comparable classified position, we have to put them into the classified service. There is typically going to be an increase involved when they move into that comparable position. Commissioner Winton: But if we're making a policy decision to move these people up, why can't we make the same policy decision that says that, at least for now, they move with the same salary that they've got? City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Because then you've got a union problem. Because once you move them in, you can't have two classes, an "A" and "B." That's the old airline "A" and `B" thing, and that just never works. Commissioner Winton: Well, what's the percent increase in salary, average, tied to this? Chairman Teele: Johnny, I've got to tell you something, you know, we've got the people on living -- we've got the people already on us about not paying our own full-time people a -- what do they call that wage thing? What? Unidentified Speaker: Living wage. Chairman Teele: A living wage. I mean, we're not anywhere near the top, so -- Commissioner Winton: Well, that's why I'm asking this question. It may -- my point may be, as far as I'm concerned, totally moot. Larry Spring: We don't have the -- excuse me. Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Right now, we don't have the detailed report with us that breaks out salary versus benefits, but in the report, it is the summary of the -- additional marginal cost is five hundred and forty -- five hundred and fifty-four thousand. That includes the incremental increase in salary, plus -- Commissioner Winton: I've got that all figured out. Mr. Spring: All right. Plus the -- but I don't have -- Chairman Teele: That also includes the benefits. Mr. Spring: And the benefits. Commissioner Winton: But, Larry, what you're get -- but the benefits -- let's face it. The benefits are going to be the lion's share of this. Benefits represents 30 -- Mr. Spring: Forty-two percent. Commissioner Winton: -- 42 percent. Well, there's -- so -- Chairman Teele: You can back into (UNINTELLIGIBLE) Commissioner Winton: So 90 percent of this is going to be benefits, not salary, so I don't mind -- move them to the classification, so I guess my -- Chairman Teele: All right. Commissioner Winton: I would make the motion that we -- and not to take away from Commissioner Gonzalez' alternative, but I think my view here is that for this group of people been here 10 -- more than 10 years doing this job and for an added half a million dollars in costs to do the right thing for this class of employees, I think I would support getting this completely done the right way, as opposed to incrementally, and so I'm going to move that. Board Member Regalado: Second. Chairman Teele: Discussion. All in favor, say "aye." City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? All right. Next case. Thank you very much, ma'am. Ms. Mark: Thank you. Commissioner Regalado: What time are we coming back, Art? Chairman Teele: All right. We're coming back at 3 o'clock today; is that right? Do we have a - - we don't have a closed meeting today, do we? Alejandro Vilarello (City Attorney): No. Commissioner Regalado: Mr. Chairman, before you go into PZ (Planning & Zoning) items -- Chairman Teele: Yes. Commissioner Regalado: -- there is something that has been bothering me since we discussed the part-timers, and I wanted to -- just whenever possible -- to have either Larry or Ms. Mark, I think, just a point of clarification, a brief point of clarification. Chairman Teele: All right. If you would, at 5 p.m., we've set aside the time certain for the strategic plan, and immediately following that -- Commissioner Regalado: It would only -- Chairman Teele: But I really -- Commissioner Regalado: It would only take a minute. Chairman Teele: But I really wish that the Human Resources Director would come up here and see you now quietly -- Commissioner Winton: Yeah. Chairman Teele: -- and privately, and fry to work -- Commissioner Regalado: No. It has to be on the record, so I'll wait. 5 o'clock. Chairman Teele: OK. Commissioner Regalado: But 10 o'clock -- Chairman Teele: Does she know what the issues are? Does she know? Commissioner Regalado: No. Commissioner Winton: Well, let them know ahead of time so -- you know, because then it's going to drag -- you know, it's a point that might be of interest to you, but it's going to drag out. Commissioner Regalado: No. Just very brief. Chairman Teele: PZ.1. City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: I'll tell. Chairman Teele: Ma'am, are you ready? Commissioner Regalado: Mr. Chairman, I -- when we finish with the issue of the part-timers and full-timers, I got thinking and I was really concerned that I missed something and didn't put it on the record, and it's the fact that I'm concerned when these people -- these 42 people move from part-time to full-time, will they be in probation? Ms. Mark: Technically, they should be in probation, yes, for one year. Commissioner Regalado: OK Ms. Mark: Per Civil Service. Commissioner Regalado: OK, because that is a problem. That is a major problem, because these people had been doing the same for 20 years, and if they have to go through probation just by not looking right at one supervisor, they can be fired; is that -- Commissioner Winton: By getting two more hours worth of work a week. Commissioner Regalado: Yeah. So it is my concern. Probation, you say, technically and legally, that's the way it should be. However, it doesn't make sense because these people have been on probation for 20 years or 15 years, and if they going to entry -- and my fear is that when they are told that they have to be in probation, they would rather stay -- Commissioner Gonzalez: Stay part-timers. Commissioner Regalado: Safe and nobody knows who they are, and -- Commissioner Winton: So, Rosalie, can't we fix that? Commissioner Gonzalez: Job security. They call that job security. Commissioner Regalado: It's -- job security is part-time, no insurance, nobody knows who I am, but if they entry and they're told, you are on probation, you better watch out because -- Commissioner Winton: Can we fix that? Mr. Vilarello: No, except to point out that when they're in temporary status, they have no protection at all, and they can be let go at any time, but it's inconsistent with the Civil Service Rules for you to not have a competitive process and not have a probationary period. Commissioner Regalado: Well, how about if the union sign up? Mr. Vilarello: I can see, in terms of amending the Civil Service Rules and assuming that the unions don't object, perhaps there's a solution to it, but -- Commissioner Winton: Well, I don't think we want to amend the Civil Service Rules. We just want to -- this is a -- kind of a special one-time event that we're creating here. Mr. Vilarello: We're frying to solve a problem -- Commissioner Winton: Right. City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Vilarello: -- that has existed for many years, and what I don't want to fall into, unintentionally, is the unintended consequences of doing so, and there will be unintended consequences of allowing for positions to be placed without some level of competition, some level of qualifications and no probationary period. Those are fundamental rules of the Civil Service system that protects management, and I understand your concern that for years, they appear to have been violating the rights of these individuals, but I don't -- Commissioner Winton: I guess we're going to be forced to trust that our City Manager has good enough employees that are supervising folks that there isn't going to be any hanky panky here. Chairman Teele: Well, I'll tell you one thing, I'm willing to frust that, but, Johnny, I don't understand what the issue is. The policy issue, as far as I'm concerned, that we should have adopted today -- and if it means changing the Civil Service Rules, I'm all for it, but once a person has been regularly employed for 10 years -- Commissioner Winton: Right. Chairman Teele: -- or more, they automatically have the right to roll -- it's their option. They're on probation. For 10 years, they're on probation, and if we have somebody that has worked continuously for 10 years, I don't see the issue that Commissioner Regalado is raising, but, you know, I've learned to be a little bit more skeptical -- Commissioner Winton: Than I am. Chairman Teele: -- than I should be about this kind of stuff, because he may have a point. I don't know that he has a point, but he may, but the policy issue that I thought we were enunciating is that when somebody comes to work for the City, and in year nine, you all better be managing these people and ensuring that you want these people around, because year nine is the probation period, and if you don't want them around, you better get rid of them in year nine. Ms. Mark: Well, Commissioner, in the package we put forth -- and we discussed -- was to change the employment policy that limits, in the future, temporary people being on the payroll in excess of a set amount of time. Chairman Teele: No. Ms. Mark: We had talked about one year, and then you said, what about two years? And the reason was, to prevent this from occurring in the future, so we have our current part-time and temp people who will be allowed to continue until we can promote them to full-time, and I'm talking -- I'm not talking about the 10 year or more people. I'm talking about the other people. Chairman Teele: Ma'am -- Ms. Mark: And then I'm talking about, from this point forward -- Chairman Teele: Ma'am -- Ms. Mark: -- so we don't perpetuate the problem -- Chairman Teele: But, ma'am -- Ms. Mark: -- changing our policies. Chairman Teele: Ma'am, I don't see it as a problem, first of all. I don't see what we have been City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 doing as a problem. I think having temporary people with this City, in the past worked for certain purposes. The problem is, is that as we have become financially self-sufficient, we don't have to maintain that dual standard, particularly people that are working in excess of some amount of time. The policy that you are enunciating that we enunciate has basically created a window of people that have been with the City less than 10 years, but more than -- how many years did you just say? You just said it. Ms. Mark: I was talking about people we hire in the future for temporary employment, that we would limit the amount of time they could remain a temporary employee. We would either convert them to full-time after a year or two years. Chairman Teele: We didn't vote -- we didn't discuss that. Ms. Mark: No, we didn't, but it is a good practice. Chairman Teele: Well -- Ms. Mark: In other words, if we don't want to see ourselves with people nine years from now in a temporary status without benefits, which I think we've agreed isn't necessarily the way we want to go forward with the City, then we would change our employment practice. Commissioner Regalado: But how about those with nine years, would they be part to the ones that come in now, if we adopt that policy? Ms. Mark: No. The ones that are at nine years, meaning less than the 10 year cutoff mark that we established earlier today -- the ones with nine years would be part of a career opportunity program that we presented, where we said these entry-level positions that we identified with the union, they automatic -- not automatically, but they, by seniority, could compete for it. They don't have to compete with other people, so we would go to those nine-year people and say, here's the open position. Would you like to apply for this position? And if they say, yes and they're the most senior person, they have -- Chairman Teele: If they say, "No, I'm happy being part-time. I don't want to be full-time." Ms. Mark: They stay part-time. Chairman Teele: So they would not be graduated out? Ms. Mark: But they'd be offered the opportunity. Chairman Teele: But what you said when you first started -- Mr. Vilarello: She was talking about temporary. Chairman Teele: Well, that's what we're talking about. Mr. Vilarello: You're talking about -- no. You're just talking about part-time. Ms. Mark: Well, part-time -- part of our dilemma is, in any -- in an organization -- in a business, we would typically -- Commissioner Regalado: But temporary come and go every summer. Ms. Mark: Pardon me? City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: Temporary -- Chairman Teele: Two types of temporary. Mr. Vilarello: Temporaries, by definition, are supposed to be less than a year. Chairman Teele: Say that again. Mr. Vilarello: Temporary, but definition, is an employee that is intended to be for less than a year. Ms. Mark: We would like to clean up our employment practice and establish a part-time classification, which is anywhere from zero to 32 hours, let's say, or less than 32 hours, and those are people that could be very well scheduled 20 hours a week, 50 hours a pay period, and those people would be in a part-time status. One of the things we have considered for part-time is putting forth a recommendation for prorated benefits for those people. They're part of a need for the work force. It could be after school programs for the parks, daycare people. That's part- time. That's what we're recommending. Chairman Teele: And someone could stay in that status for 30 years, if they'd like? Ms. Mark: They sure could. Chairman Teele: And there's nothing wrong with that? Ms. Mark: No, there isn't. Commissioner Winton: Correct. Chairman Teele: Because this is somebody who doesn't -- maybe an older person who's just working, sort of like at Wal-Mart and -- Ms. Mark: Exactly. Chairman Teele: A part-time status. Ms. Mark: An important part of the work force, because it's an efficient way to staff certain functions. Chairman Teele: It's a very efficient way, yes. Ms. Mark: OK, so those people would be in this bucket called part-time. Larry and I have talked about putting forth a recommendation that those people would receive, if we can -- maybe we have to do it over a couple of budget cycles, but we would increase their benefits on a prorated basis, so they end up being treated fairly from that perspective. That's part-time. We have another bucket called temporary full-time. In the temporary full-time, we're recommending would not exceed one year. If we need them for more than one year, they should be a permanent employee, so that was our recommendation, as far as what we do going forward to not perpetuate this problem with the City. Chairman Teele: How long is probation? Ms. Mark: One year. Chairman Teele: Well, why wouldn't you do the temporary part-time for two years? City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Ms. Mark: I'm sorry? Chairman Teele: Why wouldn't you do the temporary part-time for two years? I mean, a person who's just normally coming in is on probation for one year. I'm just asking the question. Ms. Mark: It's a good question. I think that, probably, if we're looking at someone working a pretty regular schedule of 20 hours a week and you're able to observe them over a year, you pretty much have an idea if they're going to show up on time and do their job well, even though it's only a half period. Chairman Teele: Commissioners -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: -- I don't know what we want to accomplish, butl will tell you the one thing that I'm not comfortable with at this point is, we don't have anything in writing. I would be much more comfortable if we ratified a proposed policy that's comprehensive, that has all of this, so we can think it through and know what we're doing and we don't have an unintended consequence of what we're doing. Ms. Mark: Very good. Commissioner Winton: So y'all can bring that forward. Ms. Mark: We will. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Let me tell you. The problems that we have in Labor Relations and the problems that we have with employees here are incredible, and I'm going to give you an example . There was a person that was dismissed by the City -- Commissioner Winton: That was what? Commissioner Gonzalez: He was dismissed. Commissioner Winton: OK. Commissioner Gonzalez: All right? The person was promised that he was going to be rehired. This has been going on for, I don't know, at least four or five months -- five months, more or less, OK? This person was employed -- you know -- and one thing that you don't do is, you don't play with people's minds and people's feelings, OK? That's something that you don't do, because that's -- those are the cases that you see a guy walk into a factory and shot 10 people. Why did he shot 10 people? I mean, what -- you know -- well, they were playing with this person's mind. This person was promised that he was going to be hired. They've been in this process for six -- for five months. They ask -- and he was employed by the City for nine years, so they had all the documentation on this person, OK? He went -- they asked him to go back and fill applications and all -- you know, like he was a new employee to the City. They keep playing with this person's mind and keep playing with this person's mind, and you know the last thing that they did? After waiting two weeks, they told him, come back and pick up your application because your high school diploma is not legible. The copy that he submitted is not legible, and they have a high school diploma on this guy and the Honorable Discharge from the Marine Corp and City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 everything else from this guy on their files for 10 years. You know, those type of things -- to me, I consider those abuses. Tell the guy, I'm not going to hire you. I don't care ifyou die. I don't care if you live under a bridge, under the expressway. I don't care, but don't do this to a human being, a human being that has a wife, that has children, that have -- you know. I mean -- and these are some type of practices that have been going on in here that really are not fair, Johnny. They are not fair to anybody, so I don't know. I don't know what -- I don't know to what extent we can get involved in this. I believe that we -- actually, we don't have a say in because the Manager is the one that is in charge on employing people and firing people and everything else, but I think that at least, you know, we have the right to express our opinion and say that whenever we believe that something is immoral, we should say it. Commissioner Winton: And express your concern, which you've done. Commissioner Gonzalez: Yeah. Thank you. Chairman Teele: All right. Commissioner Regalado: So, what is the story with -- Commissioner Winton: Probation. Commissioner Regalado: -- probation? How can we fix that? Can you ask -- can the City go before the Civil Service Board and say, this is a group that the City -- this is a policy of the City Commission. This is a group that have been with the City for -- do they need to go by the same rules that everybody does, or because this is an extraordinary decision of the City Commission, which supposed to run the City by legislation, is doing this and -- because, you know, what -- after -- I didn't know anything about what Commissioner Gonzalez said, but after hearing that case, I am more skeptical. Commissioner Winton: Here's what I don't understand, because -- I think all of us are in favor of figuring out how we waive this one-year probationary period. We went to the unions to get them to agree to this any -- we've got a special class of people that we're going to do a special thing for and it's done. It's done. One time, one move, done. OK. We got union approval. Got management approval. Everybody signed off on it. I don't know why we couldn't get the same approval so that we don't set any precedent, don't set a new rule -- Mr. Vilarello: Commissioner, you may very well, but what I'd like to say -- and I don't recall -- one ofyou just mentioned writing down what we want to accomplish so that I can analyze those pieces that we can do and give you advice and direction on what we can't do. Commissioner Regalado: Automatic -- Alex, automatic entry level. Mr. Vilarello: No. I understand what you're saying. Commissioner Regalado: Waiving -- Mr. Vilarello: No probationary period. Commissioner Regalado: -- the probation. No probation because they have been -- had they been bad employees, they would have been fired 20 years ago or 10 years ago. Mr. Vilarello: I think there's a difference between a part-time employee and a full-time employee, and there may be an impact. In waiving the probation -- for example, I believe promotions have a nine -month -- six-month? -- six-month probationary period, so perhaps some solution like that would be appropriate, because they are changing the way they work and the City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 way they come to work, butt would be happy to study it and I understand the will of the City Commission. I just would like an opportunity -- Chairman Teele: I could agree to a six-month probation. Commissioner Winton: Me, too. It's not irrational. It's consistent with what we've done, because I -- remember, we argued the point of well, why are they getting the raise? Because it is, in fact, a promotion. That's how we freat it, so I think we have a rational -- a reason to put the six-month probation -- because you're also getting the raise, and we agreed to that, and I -- so I think that becomes consistent. I'm with you, Commissioner Teele. Commissioner Regalado: OK Mr. Vilarello: In terms of a competitive process, competition can be narrowly tailored so that we do provide some level of competition without opening it up, you know, completely, job -related competition, butt would like to be able to study exactly what you want to do. Commissioner Regalado: Six month. Six-month probation. That's the will of the Commission. Commissioner Winton: Yeah. Commissioner Regalado: Do we need a resolution or something? Commissioner Winton: You're going to come back to us next Commission meeting? Chairman Teele: He's going to come back with a comprehensive -- Mr. Vilarello: Because the memorandum that I saw this morning had a series of different options, and I'm not sure -- Chairman Teele: That's my point. We never saw a -- Mr. Vilarello: -- what it is that you all approved in final form, and that's all -- I just want to have an opportunity to see what exactly you approved in final form. That's all. Commissioner Winton: OK. So Rosalie will provide that to you between now and the next Commission meeting. Y'all will come back and you can make a recommendation. Mr. Vilarello: And I'll have an answer for your before the next Commission meeting. Commissioner Winton: Thank you. Chairman Teele: All right. Further discussion? DI.3 04-00240 DISCUSSION ITEM DISCUSSION CONCERNING A PRESENTATION OF MULTI -YEAR STRATEGIC PLAN. 04-00240-cover memo.pdf DISCUSSED The discussion for Item DI.3 resulted in the emergency ordinance below. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 (DI.3) 04-00240a ORDINANCE Non -Agenda AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, ARTICLE IX/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI ("CITY"), FLORIDA, AS AMENDED, ENTITLED "FINANCIAL INTEGRITY PRINCIPLES" TO REVISE THE DUE DATE FOR THE MULTI- YEAR FINANCIAL PLAN AND THE MULTI -YEAR CAPITAL IMPROVEMENT PLAN IN THE YEAR 2004, TO NO LATER THAN 30 DAYS AFTER COMPLETION OF LABOR NEGOTIATIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez 12518 Direction to the Adminisfration by Chairman Teele to provide the Commission with the last two list of items that were presented to the State Financial Oversight Board for use of the City's strategic reserves, including the Board's comments. Direction to the Adminisfration by Commissioner Regalado to look at the proposed ballot question, that may be placed on November ballot by petition, that would double homestead exemption throughout the State of Florida and to find out the citywide impact if this passes. Direction to the Adminisfration by Chairman Teele to place as the number one budget priority, the restoration of streets and sidewalks throughout the city and to consider the bonding of its revenue streams. Chairman Teele: D1.2 -- D1.1 and 2. While Commissioner Regalado is here, because I don't want to -- I would like to get this part-time issue out of the way. He's the godfather of that, and I would like to announce that at the Manager's request, D1.3 will be taken up at 5 p.m. today. Dl. 3 -- Discussion Item 3, strategic plan will be taken up at 5 p.m. today at the Manager's office request. Chairman Teele: OK. Mr. Attorney, Madam Clerk, do we have any other items that should be taken up this morning? Did we do D4.1, Adult Living Facility? Priscilla A. Thompson (City Clerk): That has been taken care of. Can we -- you do have a board appointment for the Mayor's International Council. That would be BC.1. Chairman Teele: I'm trying to do all the board appointments when we have all the Commissioners here. Are there any other items that need to be taken up this morning? If not, what we're going to be taking up this afternoon will be the strategic plan at 5 p.m., and the zoning items -- Commissioner Winton: Commissioner Teele, I have -- Alejandro Vilarello (City Attorney): And, Commissioner, the deferral --I think you're going to consider a deferral of PH 5? Chairman Teele: We're going to consider all of the deferrals, PH 5 and other deferrals at that City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 time, and we also have the CDBG (Community Development Block Grant) items that we'll take up immediately at 3 o'clock, and work with me, Commissioners, because we're required under our new plan to have a sign interpreter and the way that's working is, the interpreter is here for "X" number of hours. If we go long, we have to postpone the item, so I'd like to make sure that we get the -- Commissioner Winton: That's on CDBG? Chairman Teele: Community Development. Anything Community Development -- Commissioner Winton: OK. Chairman Teele: -- now requires a sign interpreter, as a part of our compliance with federal law, so -- and we don't have the sign interpreter here ad infinitum. We bring them in -- Commissioner Winton: Yeah. Chairman Teele: -- for two hours or so, and we're going to try to work through that, so we have to focus in on those first. Commissioner Winton: OK. Chairman Teele: We have a time certain for 5 p.m. It's now 5:46. Not bad by government standards, but it was an item relating to the Financial Strategic Plan. How long are you going to take and require on this? Larry Spring: Commissioner, Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Before you is an emergency ordinance requesting an extension of the due date of the multi year financial plan. In putting together the multi year financial plan and the situation that our existing labor contracts are coming due in the next few months, we felt that it was important to let that process come to completion prior to preparing the financials. Given that, we're respectively coming to the Commission and requesting that the multi year financial plan be presented 30 days after the completion of the contract negotiations. Commissioner Gonzalez: Mr. Chairman, I'll -- I move the emergency ordinance, amending financial integrity -- finance -- I'm sorry -- the financial integrity principles ordinance. Commissioner Regalado: Second. Chairman Teele: For discussion. Mr. Spring, this does a little bit more than you said it does, and I really didn't have a chance to look at this very closely. Now, what you all are proposing to do is totally out of sync with the Charter of the City, and the way local government normally operates and that is, you're moving the report date from March 31 st to September 30. Mr. Spring: Actually -- Chairman Teele: Hold it, hold it, hold it. Mr. Spring: OK. Chairman Teele: That's the first thing you're doing. You're changing the permanent date of the report from March 31 st to September 30th. One of the things that we promised to do in the Oversight Board, when we had the Oversight Board, was to have what most governments call a spring preview and all of that, and we would look at our financial picture well before we're looking at approving a budget. Now, moving -- by moving the date of this report from March 31 City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 st to September 30th, I strongly disagree. It's inconsistent with what we agreed to with the Oversight Board. It's inconsistent with the way local governments do planning, and what it's designed to do is it gets you where you're doing a budget and an appropriations and you'll never see this because by the Florida Constitution, on September 30th, we must do what? Mr. Spring: Adopt our budget. Chairman Teele: Adopt a millage, so what this does, folks, just so that we're real clear, is this moves the strategic review, the long-term look, where you have nothing else before you but this, to a different date. Secondly, it does what you just said it does, OK, and that is to move for this year, for fiscal year 2004, the multi year will be adopted 30 years after the -- 30 days after the labor negotiations, which I have no objections to, butt have a very strong objection to moving the date of the strategic plan to get within the sync of the budget and the appropriations process, because it's just going to get layered, and it's inconsistent with our commitment and the time lines that we set up with the Oversight Board when they were here. Mr. Spring: If it is the Commission's pleasure, we can, as we move forward, present the multi- year financial plan at the March 31 st date, giving you the spring outlook, if you will, and then we would respectfully request that, for this one year, we do this change -- Chairman Teele: And I'm totally in support of what you're doing, but what I'm not in support of one, coming in and saying we're doing one thing when, in fact, we're doing two things. What we're really doing is changing the effective date or the requirement date of the spring preview, which is done all over local government. It's done normally in March or April. It coincides with the State of the City. It should be tied into that and, candidly, you know, with a strong Mayor form of government, the State of the City, the strategic review are all one continuing process, and so I would ask my colleagues to allow the amendment to retain the March 31 st date or -- when does the Charter say the State of the City should be delivered? Isn't it 90 days? Commissioner Regalado: Between January and April. Chairman Teele: See, it's tied into that, Larry. You've got to understand how this government was put together. This is tied into the State of the City, and in a strong Mayor form of government, this is what is being proposed, et cetera, et cetera, et cetera, and it gives you time to look at it. The way this thing is getting ready to get -- everything's just going to be a done deal and we're going to be potted plants. Mr. Spring: Well, of course, you know that is not our intention, for you to be potted plants, and we do intend to do briefings and a workshop with the Commissioners in the next 30 to 60 days on this, so -- but will, you know -- Chairman Teele: But, Larry, there's another point and that is, I've requested that you all provide the City Commission with a list of the items that were presented to the Oversight Board for a strategic -- for the use of strategic reserves or -- now I want it for the last two times that we did it, and the Oversight Board's comments because, see, I think what we need to remember is, we're in this great financial shape because we did some things right, and there was some discipline, and the truth of the matter is, it was us, but to make sure we did it, the Oversight Board did it and, in many ways, the Oversight Board was where all of this got put together. It's not my idea. This isn't an Art Teele proposal, but we agreed to do that at the Oversight Board, which was to separate the budgeting appropriations process from the planning process, and by moving this to the 30th of September, you're moving those things back together and it's nothing -- you know, it gets overshadowed, so I would respectfully ask that we look at those three things -- those two reports and finally, in that regard, consistent with the Mayor's State of the City, and consistent with what Commissioner Winton is saying today, one of the things that we really need to look at for funding immediately from our strategic reserves or from some reserve is a sufficient amount City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 of money to embark upon the planning process -- Commissioner Winton: And rewriting the Code. Chairman Teele: -- and the rewriting of the Code, and I am respectfully suggesting to you that you probably can do this out of a strategic reserve or a reserve category, as opposed to a reoccurring budget process because it's a one-time kind of thing, if you do it. That's why I think we ought to look at the Oversight Board's review of our proposed uses, and by the way, folks, the Oversight Board turned down, Johnny, about 50 percent of what we were proposing to spend money for in our last go -through of strategic reserves, because what we were doing, we were going to fix docks and do this and do that, and they said, those are operating issues, but this is the kind of thing thatl think we really ought to get our hands around, and I think the strategic reserve and the five-year plan is an excellent example to begin to do what was envisioned and that is, take some of the Mayor's State of the City issues, some of the projects that we all agree on, and to figure out how to fund them out of reserves, as opposed to reoccurring dollars. Commissioner Winton: Yep. Mr. Spring: I totally agree with you, Commissioner, and I would like to report that, as far as the rewriting of the Code and the master plan, those items were funded and are sitting in a strategic initiatives reserve -- non -recurring reserve. Chairman Teele: So, they're already there. Mr. Spring: They're already there. Chairman Teele: Well, that's interesting. Did you know that, Johnny? How much money is in there? Mr. Spring: I think it's 1.5 or 1.7 million dollars. Chairman Teele: That's not enough, I can tell you that. How much did we spend -- where's the Planning Director? Mr. Spring: She's probably in the back. Chairman Teele: Where's the Planning Director? Commissioner Regalado: They left. Chairman Teele: How much money did we spend -- Madam Planning Director, how much money did we spend on the Coconut Grove plan -- master plan that was done? I think the University -- Plater and Zyberk and somebody was going to -- Ana Gelabert (Director, Planning & Zoning): It was University ofMiami, andl believe it was 1997 and -- Commissioner Regalado: No, no, no, no. He's talking about the one -- Ms. Gelabert: It's the Coconut Grove Planning Study, University ofMiami -- Chairman Teele: I think it was University ofMiami. It was about '98, '97, '99. Ms. Gelabert: Yeah. There was a master plan -- the Coconut Grove Planning Study, the one that came here, it was approved. I would like to say -- and I can double check -- that it was a City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 hundred -- between a hundred and twenty-five and a hundred and fifty. Chairman Teele: That's about the right number. Ms. Gelabert: And would like to double check. Chairman Teele: This is the point, Johnny. How many neighborhoods do we have? I recognize we don't have a lot of neighborhoods, like the Grove, is complex and it's convoluted, but how many significant neighborhoods do you think we have, 15 to 20? Commissioner Winton: Yeah. Commissioner Regalado: More. Ms. Gelabert: Definitely, butt would -- I think would say even more because -- Commissioner Regalado: More. Ms. Gelabert: You know, it's not so much -- yeah. Chairman Teele: So, I'm just trying to give you an order of magnitude -- Commissioner Winton: Magnitude. Chairman Teele: An order of magnitude in terms of a real comprehensive study, because I'm really nervous when we start talking about doing a master plan for the City, per se, because I think what we need is really this neighborhood master plan as a part of a City master plan, but if you -- Commissioner Winton: And I think everybody's on board -- Chairman Teele: Everybody's -- you think so? Commissioner Winton: Yeah. I think everybody's on board with what you're saying there, Commissioner. Chairman Teele: But what I'm saying is, if it was a hundred thousand dollars for one and it was a pretty well -- comprehensively well done document, as far as it went -- you know, I'm not saying that a hundred thousand is what it ought to be for every neighborhood, but I'm saying -- Commissioner Winton: It may be short. Chairman Teele: That number may be very short, particularly when you need an overriding view of the whole City, so I would, again, just urge you to look at it. The motion that is before us reoccurs and would you -- Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: One of the things that we need to consider for the budget process is that next November, during the Presidential election, there will be many issues in the ballot. There is a group out of Central Florida that is frying to gather signatures. They need 488,000 signatures, and I think that by now, they have close to 300, 000, and what this group is doing is to place in the ballot doubling the homestead exemption in -- throughout the State of Florida. City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Isn't that guy running for the state -- U.S. Senate, too? I mean, if -- isn't he running for something? Commissioner Regalado: No, no. That's a different group. I guarantee you that this -- if this goes on the ballot, it will pass, and it will pass 80/20, so we need to find out the kind of impact that this will have because -- Commissioner Winton: Yeah. Commissioner Regalado: -- it will have an impact. Commissioner Winton: Very big. Commissioner Regalado: There are many, many residentials here because remember, we have the largest number of property owners that took the chance of getting into the fifty thousand dollars homestead exemption because of being 65 and older and under twenty thousand dollars. I think that out ofMiami-Dade County, there are 29,000. In the City ofMiami, 19,000, and what is going to happen is, this is going to pass. This is going to pass, you know, no matter what anybody says, and it's going to have an impact in the budget, so, you know -- Mr. Spring: Commissioner, ifI may, we are aware of that pending legislation, and it will be considered in the numbers being brought forth. Commissioner Regalado: The other piece of legislation is -- and I think it's going through committees now -- it's been passed in Tallahassee -- is that the Department of Transportation will be the recipient of all the monies from local sales tax for transportation, and they will decide what are the priorities, who gets what. Commissioner Winton: What a bunch of bologna that is. Commissioner Regalado: Huh? Commissioner Winton: I said, what a bunch of bologna that is. Commissioner Regalado: But it's going through. It's going through committees. It's been through two committees and it passed, and what it means is that -- Commissioner Winton: Our half -penny sales tax goes to them first. Commissioner Regalado: And then decide -- Commissioner Winton: All secede from Florida. Commissioner Regalado: We can make the public -- Commissioner Winton: That's thievery. Commissioner Regalado: Well -- Commissioner Winton: Out and out thievery. Commissioner Regalado: Well, the only municipality that is not going to be hurt or the only entity is Hialeah, because Mayor Raul Martinez, when he get the money, immediately he bonded and they cannot touch it, but we haven't done that, so I'm just saying, you know, there are two City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 things that can really impact. Commissioner Winton: Commissioner Teele, what are we -- do we have a -- are we voting on something here? Commissioner Regalado: Yeah. Chairman Teele: We're going to vote on an emergency ordinance, as amended. I'm hoping the City Attorney's got to amendments they're going to read into the record. The Ordinance was read by title into the public record by the Assistant City Attorney. Commissioner Winton: What were your modifications? Chairman Teele: That's the amendment. The amendment is to change it to the year 2004. Commissioner Winton: Oh, OK. Commissioner Regalado: And what you said. Commissioner Winton: So -- Chairman Teele: That's what she's done. Commissioner Regalado: And what you requested. Chairman Teele: And it retains the March 31 st date in the ordinance for future years. Commissioner Winton: So, I'm -- I'll move it. Chairman Teele: Moved and -- Commissioner Gonzalez: Second. Chairman Teele: You read the title. Is there -- 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. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed as an emergency measure, 4/0. Commissioner Regalado: Can we get -- Chairman, can we get Ms. Marks here, just to put something on the record regarding the full-time and part-time? Chairman Teele: Yes. Mr. -- Commissioner Regalado, we can, and I think you've asked for that. Mr. Director, I want to apologize to you because I didn't get this ordinance. I mean, I would have told you in private what I've said publicly, but I did -- I had hoped that there was going to be some preview and for you to try to get some instructions or directions from the board on the strategic plan. I was very impressed. You came in and you spent 20 or 30 minutes on it, going through some of it. I had some comments, but I want to reiterate one thing, for the record, and I hope that it will be taken in the positive. We need to make our number one priority, in my opinion, of having a plan, in this first five-year plan, to accomplish the restoration, the paving, City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 the curbing, the sidewalks of the streets of the City ofMiami as the number one priority, because that is what -- I had a public hearing in my district on CDBG (Community Development Block Grant). Half of the complaints are about the condition of streets, roads and sidewalks, and to my -- I'm very grateful that the -- that Mary -- Mr. Spring: Conway. Chairman Teele: -- was present and the Public Works people were present, Capital people, so they could hear these people, and this -- you know, people who are older, who have paid their taxes, that's what the citizens want to hear, and, Johnny, I have said repeatedly -- Commissioner Winton: And they see it. Chairman Teele: And see it. And I've said repeatedly to the staff -- and I note that the Mayor mentioned it in the State of the City, and the newspapers have picked it up -- I think we do a real strategic error -- I support, 100 percent, planning -- planning process for a transit system, and I support the expenditure of dollars for that, but I think we send a really bad signal to our citizens, if we start -- because the word fransit, trust me -- I've been there and know that -- has a connotation, OK, and if you want to test it in a poll, put Fire and Rescue and Parks and this and Garbage and put fransit, and there's one number that's going to be totally separated from all the rest, and I think we do a real disservice in sending this signal to the citizens that we're getting ready to do a transit system before we do their roads, and I just want to be real, real clear, in the five-year plan -- Commissioner Winton: Great point. Chairman Teele: -- that our commitment is to do every street, road, sidewalk that needs to be done in this City, or at least to have a funding mechanism to get it completed before we start off on anything else. Commissioner Winton: Great. Chairman Teele: And I would hope, Johnny, that you would understand -- Commissioner Winton: I -- clearly. Chairman Teele: -- and see that's not double talk. I also have said, repeatedly, that I think we should have bonded and should be bonding our revenue streams, and again -- I mean, you know, a lot of things go on up in Tallahassee. You know, no -- there's an old saying that the Winn Dixie lobbyists used to always say -- Glenn Woodard, God bless him -- that "No man's life, liberty or business is safe while the Florida legislature's in session." Well, folks, they're in session, and, you know -- and you might add to that, nobody's dollars or tax revenues -- no governmental tax revenues are safe while the legislature's in session, so I think we need to take this stuff very seriously -- Commissioner Winton: Yeah. Chairman Teele: -- colleagues. 3:15 P.M. DI.4 04-00241 DISCUSSION ITEM DISCUSSION CONCERNING ANNUAL REPORTS OF CITY BOARDS AND COMMITTEES. City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 04-00241-cover memo.pdf 04-00241-planning advisory board.pdf 04-00241-zoning board.pdf 04-00241-street codesignation comm.pdf 04-00241-beautification and envir.pdf 04-00241-comm. status ofwomen.pdf 04-00241-orange bowl advisory.pdf 04-00241-VKBT.pdf MOTION Annual Reports were presented by the following Boards and Committees: Zoning Board Planning Advisory Board Virginia Key Beach Park Trust Sfreet Codesignation Committee Orange Bowl Advisory Board Direction to the City Manager: by Commissioner Winton to institute an internal policy that would ensure that any masterplan that is adopted by the City Commission also be presented to the Zoning Board, Planning Advisory Board, and Urban and Development Review Board. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez absent, to instruct the City Manager, in consultation with the Planning Advisory Board, to review the board's current responsibilities and tasks and bring back a reviewed and redefined mission statement for said board, with a very specific recommendation as to what their mission statement should be and identify the resources necessary for said board to fulfill its mission in the most professional and expeditious manner possible; further to include separately a point by point response to the comments made in the presentation by Chair of the Planning Advisory Board. Direction to the City Clerk by Chairman Teele to provide the Commission with a list of the members of the Sfreet Codesignation Committee along with the attendance records for each member. [Note: Clerk provided list of members of the Street Codesignation Committee and its attendance records to Chairman Teele on March 25, 2004.] Direction to the City Attorney and Administration by Chairman Teele to work with the Chairperson of the Sfreet Codesignation Committee, to draft an ordinance that would include among the Committee's duties, jurisdiction for placement of historical markers, plaques and other designations in order to develop historical records; further insfructing the Administration to come back at the Commission meeting currently scheduled for June 24, 2004, with a report and said ordinance for first reading; further insfructing the City Attorney to include in said ordinance that the Committee will coordinate and arrange suitable ceremonial dedications for future street designations. Direction to the City Clerk and the Administration to ensure that board attendance reports are filed regularly with the Clerk's office. [Note: Clerk contacted board liaisons on March 31, 2004 reminding them to submit appropriate documents to the Clerk in a timely basis.] Chairman Teele: PZ.1. Priscilla A. Thompson (City Clerk): Commissioner -- Chairman, we need to swear in. Chairman Teele: All right. Would everyone who plans to testify please stand, raise your right City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 hand and be sworn in, please? Ifyou're going to be testifying today, please stand, raise your right hand and be sworn in. Ms. Thompson: We have people outside who we're trying to get in. Chairman Teele: All right. Mr. Sergeant -at -arms. Where is our Sergeant -at -arms? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Alicia Cuervo Schreiber (Chief of Operations): Commissioner. Chairman Teele: Let me -- Unidentified Speaker: The Planning & Zoning report is due today and we'd like to go first. Chairman Teele: -- no, no. Unidentified Speaker: Can they? Chairman Teele: We were just trying to get the people in here that -- thanks. Ms. Cuervo Schreiber: Chairman, the Planning & Zoning Board is here to do their oral presentation -- yearly presentation that they're to do. They're requesting to go before the items. Chairman Teele: All right. Everybody stand down. We have an annual report of the boards. The Planning Board is on queue. Madam Director -- Madam Manager -- Commissioner Regalado: Zoning. Chairman Teele: Madam Manager, give us the order that you want us to take up these boards. Ms. Cuervo Schreiber: Planning Advisory Board is first; Zoning Board, Street Codesignation and Review Committee, Committee of Beautification and Environment, Commission on the Status of Women, Orange Bowl Advisory Committee and Virginia Key Beach Park Trust. Chairman Teele: Is it alphabetically? How is it being done? Ms. Cuervo Schreiber: You know, I couldn't answer that. I'm sorry. Chairman Teele: All right. Planning Director -- Planning Board. Zoning. Who did you call first? Commissioner Regalado: Planning. Ms. Cuervo Schreiber: The first is Planning Advisory Board and then the Zoning Board. Chairman Teele: Well, hold on. We're going to take Planning first. You're Planning, right? James Black: I am. Chairman Teele: You're Zoning? City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Black: Planning. Chairman Teele: You're Zoning. Mr. Black: I'm Planning. Chairman Teele: Well, you all are looking like you're ready to leave. Let's take up Zoning first. Let the lady go first. Mr. Black: Sure. Chairman Teele: She's sitting there all pinched and frying to -- Ileana Hernandez Acosta: Well, you know, they told me to be here at three, and I was here at three. Good afternoon. My name is Ileana Hernandez Acosta, and I'm Chair -- thank you -- Chairman of the Zoning Board. You have our annual report before you, so I won't take up your time. I did want to make just a few very brief comments; one is a good one. For many years, we have been requesting NET (Neighborhood Enhancement Team) Administration present at our meetings, because it really helps us in knowing what the community is feeling, and, finally, thanks to our new NETAdminisfator, Mr. Gonzalez, we now always have someone from NET advising us. One of our major functions and accomplishments is serving as intermediaries and facilitators between opposing groups in order to achieve harmony and optimum results. By this means, I think we've successfully accelerated the process of development. Now, I requested from all of you last year -- and I'm going to request it again and I'll keep on requesting it. We desperately need input ftom the Commissioners, from the Mayor. We want to make sure that we're headed in the same direction that you are. Our function is to facilitate for you, so that some items don't even have to come to you, and the ones that do have to come to you, that they get to you already with basically what you have in mind. For example -- Commissioner Regalado: Excuse me. Mr. Attorney, I thought that there is sort of a sunshine issue for elected officials to talk to members of the Planning & Zoning Board, if the application is already in. George Wysong (Assistant City Attorney): Actually, it wouldn't be a sunshine law. It might be -- Commissioner Gonzalez: Jennings. Commissioner Regalado: Jennings. Mr. Wysong: If it's a Jennings violation, it's -- Commissioner Regalado: A Jennings, OK. Ms. Hernandez Acosta: I don't mean in terms of you know, sitting down with you, butt mean in terms of like when Commissioner Winton had the charrette. After you have the charrette, if you let us know. You know, we came up with this. This is our plan. This is the way we would like to proceed. With Commissioner Gonzalez, who has his view of the river and what he wants to accomplish, and it could be done in a public forum. It could be done in a letter. Whatever is legal, but so that we know which way you're headed. For example, our board was not even invited to the State of the City Address. I watched it on TV (television). I thought it was marvelous. It could have given us input. This is the way the Mayor wants to go, so let's try to head in the same direction. As board members, we all have different views. I'm very proud of my board members. I think we all have the best interest of the City at heart, but we have to put aside maybe some of our personal views and make sure that our rulings are headed in the direction that you want, because otherwise, we'll rule one way and you're going to rule another City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 way, and it doesn't work. Commissioner Winton: Do all of the -- do the various neighborhood master plans that we complete, do they go before you all, at all? Ms. Hernandez Acosta: We've been requesting for years, is there a master plan? We need a master plan. Commissioner Winton: Then Madam City -- Ms. Hernandez Acosta: We don't see anything. We -- Commissioner Winton: That's a great point, and Madam Manager -- Ms. Hernandez Acosta: We find out in the paper. Commissioner Winton: Madam Manager, could we institute an internal policy that makes sure that any kind of master plan that's adopted by this Commission, that it also be presented to -- I think it's got to go to -- Chairman Teele: Before they come to us. Commissioner Winton: Well -- Chairman Teele: We should at least get their advice. Commissioner Winton: I know some -- which board -- I'm sorry. You're Planning or Zoning? Ms. Hernandez Acosta: Zoning Board. Commissioner Regalado: Zoning. Commissioner Winton: Zoning. Chairman Teele: Planning, I know. Commissioner Regalado: No, it's Zoning. Commissioner Winton: So I think they kind of pick and choose, but we ought to get them going to UDRB (Urban Development Review Board), Planning & Zoning, and maybe not necessarily before they come to us, because what she's saying, I agree with. We're going to set the policy and they're the vehicle for implementing the broad policy that we set, so once we set the policy, I think we need to get people to go and make a presentation to each of these boards, relative to the master plan and the policy -- Ms. Hernandez Acosta: Yes. Commissioner Winton: -- that we've adopted so that they can follow that. Ms. Hernandez Acosta: Correct. Commissioner Winton: OK. We'll do that. Ms. Hernandez Acosta: That way, when the items come to you -- City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: We'll do that. Ms. Hernandez Acosta: -- we're on the same team, you know. Commissioner Winton: Right. Ms. Hernandez Acosta: That's it. Thank you. Commissioner Gonzalez: Thank you. Chairman Teele: Thank you very much. Appreciate your brevity. Ms. Hernandez Acosta: Pardon me? Chairman Teele: Appreciate your brevity. Ms. Cuervo Schreiber: Zoning Board. I'm sorry. Planning Advisory Board, James Black. Mr. Black: Mr. Chairman, members of the Commission. I am here pursuant to Section 2-890 of the Miami Code that says that we have to present a report to the City Commission on the Planning Advisory Board's activities. There are seven criteria for this report. The first one is whether the board is serving the purpose for which it's created -- has been created. I'd like to read why the Planning Advisory Board was created in the first place. It's an integral part -- this is Section 62-62 of the Code. It says the Planning Advisory Board is an integral part of the total process of planning for the future development and growth of the City. The board is to serve as an instrument of advice and recommendation in all phases and aspects of the comprehensive planning program authorized by Section 38 of the City Charter, OK, and they break this down. The first one is to acquire and maintain such information and materials as are necessary -- the understanding of past trends, present conditions and forces at work to cause changes in these conditions. How do we function in that? There is no staff or funding available for that. That grade would be an "E." The second one is to review and recommend to the City Commission a timely recommended amendments and revisions to the comprehensive and coordinate general plans. How do we do on that? There is little done because of again, staffing and monetary considerations. We do -- we are a very effective forum for airing differences and trying to reconcile problems within the community; that, we are very good at. Number 3, to establish principles and policies for future development. How did we do on that? Little more success in the past years. We've created the Neighborhood Conservation Districts, the Upper Eastside Master Plan, the Design District and Little Haiti Plans, the Miami River Plan, but it is totally inadequate to provide adequate guidelines for future development. Number four, by Code, we're supposed to prepare and recommend to the City Commission ordinances. There is no staff support or money to do this adequately. We've done some, and you've seen some of the ordinances that have come up, but for the most part, they've been inadequate and few. Number five, we're supposed to conduct pubic hearings to gather information; to establish public committees or task forces, when deemed necessary, for the purpose of collecting and compiling information necessary to the Planning program, or for the purpose of promoting and implementing the accomplishment of comprehensive plans in whole or part. We have no staff or money to begin the development of a comprehensive plan. Number six, to make or cause to be made any necessary special studies on the location, adequacy and conditions of special facilities in the City. That includes roads, other forms of transportation, housing, commercial development and so forth. We don't have any staff or money for that, although these are badly needed. Number seven, when duly authorized by ordinance, to determine whether specific proposed developments conform to the principles and requirements of the planning program. We do that great. Those are the Major Use Special Permits. That's terrific. We get people in here arguing, and a lot of the -- one of the criticisms of the Commission has been that you've never seen a MUSP (Major Use Special Permit) you don't like. They've all passed. There hasn't City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 been one that has been voted down. The reason for that is, in large part, because the Planning Advisory Board and staff has been able to articulate the City's requirements to the applicants, and as a result -- many ofyou who have been in this City for a long time know that the quality of the Major Use Special Permits you're seeing come before this City Commission for approval are outstanding. We're beginning to attract world -class architects and developers to the City, and they're not only following rules, they're making them, and they're doing great work as far as design and development is concerned, so we do great on number seven. Number eight, to serve as an instrument for informing the City Commission and other City departments and agencies. How do we do on that? It's terrible. It's terrible. You don't know what goes on in the Planning Advisory Board unless you watch the proceedings or you hear it from third parties, and oftentimes, a lot of that is resolved -- the conflicts are resolved before they get to you, but our ability to communicate with you is very poor. Usually you get, what's the vote of the Planning Advisory Board? Oh, it's 8 to 1, or it's 4 to 3, or whatever it is, and that's all you really know. You don't know the issues involved and the arguments that go on for hours and hours in this chamber over some of these planning issues. Number nine, to perform other duties in connection with the Comprehensive Planning Program. We don't have one. It doesn't exist. Commissioner Winton: Well, the Comprehensive Plan exists. We have a comprehensive plan. Mr. Black: The Comp. Plan exists, but it's a 15 year old document, basically, and all we're doing is patching it. We're amending it. We don't have a new master -- we're operating on one that's 15 years old. Number ten, to review and make recommendations to the City Commission on all developments of regional impact. We don't do that. We don't have staff for that. We don't have funding for that, and it's important because we are a region; fransportation being the classic one, and number 11, how do we do on this? This is complying with the State Statute, which requires a Planning Advisory Board or its equivalent. We're the land use planning agency for the City, required by Florida Statute. We do great on that. We comply with that requirement, so is the board serving the purpose for which it's created -- it was created by this Commission? I don't think so. Number two -- of the requirements of what this report is supposed to do for you -- number two is whether the board is serving current community needs. What are the community needs? We have never addressed that when it -- as it refers to planning. I don't think anyone has ever articulated what are the community's needs with regard to planning. We see the result of poor planning, that's for sure, because they come right before this City Commission when people have problems with transportation, congestion and so forth. We see those pretty clearly, but if you ask me whether the City is controlling its development, or forces in the private -- if you ask me whether the City is controlling its development or forces in the private sector are in control of this process, the answer seems obvious to me. The private sector is clearly in control. The City is operating with antiquated master planning and zoning. We are playing catch up all over the City. Coral Way is a classic example; the Upper Eastside. Number three, whether the board -- excuse me -- whether the board is adequately constituted. This board is outstanding. Many ofyou know the members on it. They are of good reputation. When I first joined the board seven or eight years ago, it was hard to get a quorum. Oftentimes, we didn't have a quorum and -- but now, that hasn't happened in the last two or three years. The people on the board are qualified, dedicated and extremely interested in the planning process in the City. We have set excellent standards for Major Use Special Permits and enforced those standards. We've pushed for better neighborhood control over their destinies, including the Neighborhood Conservation Districts. We've encouraged the development of new ordinances, such as the sign ordinance. We've held workshops, such as the recent fransportation workshop, which suggested that the City Commission consider the possibility of instituting a transportation system within the City, especially in the Brickell and Upper Eastside areas, similar to what Coral Gables has, and, finally, what are the cost estimates for running the Planning Advisory Board? That is supposed to be brought to you. The last one I saw was in 1999. The cost of running the board at that time was a hundred and seventeen thousand. I don't think all the costs were in it, and I would estimate -- if you just use a factor of five percent inflation, cost inflation, it would probably cost a hundred and fifty-eight thousand a year to run the Planning Advisory Board. City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman and Commissioners, the City is undergoing a boom, the likes of which would be the envy of any City in the world. The last report I saw was ten billion dollars of approved construction in the City, with a revenue -- projected revenue to the City coffers of a hundred and eighty-eight million dollars. That's a lot of money, and I think the Planning Advisory Board needs to be a part of that planning. We desperately need a new master plan, and we need you to fund it, and it needs to get done quickly. It can be done in sections, with the most critical sections first. Thank you very much for your patience. Appreciate it. Chairman Teele: Before you leave, did your board review your report, and did your board vote on your report? Mr. Black: There's the report that you have, Mr. Chairman, from -- no. The answer is no. It wasn't presented to our board, and number two, the -- you have a copy of the report presented by the board -- Hearing Boards, andl mentioned to the City Manager's Office whether or not remarks going beyond the report were permissible and acceptable, and I was told yes. Chairman Teele: Well, they certainly are, and any remark of any citizen, especially a person who's serving the long hours that you all serve, is welcome and we appreciate your comments, but I'm just interested in knowing whether or not you are reflecting the board -- a consensus of the board in your testimony today, and I -- again, I think, given the tone and tenor of your report, it would be helpful if you would review that with the board and get the board to, perhaps, pass a resolution of those comments, since some of those comments seem to be -- since some of your comments seem to hit home pretty hard, and I certainly have no objections to criticism, at all. I mean, I -- Commissioner Winton: Well, Mr. Chairman. Chairman Teele: Commissioner Winton. Mr. Black: I'd be happy to do that. I think it fairly reflects the attitude of the board, the frustration we have in communicating planning issues to you, the frustration that we see -- sometimes we see things come here that you really need background on -- Chairman Teele: OK. Mr. Black: -- because they're not as simple as they used to be. Chairman Teele: OK. Hold on just one minute. Commissioner Winton: Well, you're -- I think you're -- Chairman Teele: Commissioner's making -- Commissioner Winton: -- assuming that we're not smart enough to figure this out. Mr. Black: No, it's not that, Commissioner. Commissioner Winton: I think I'm pretty good at some of this myself. Mr. Black: You're very bright at it, and I think you served some time ago on this, but the point is that a lot of this stuff is thrashed out in advance -- Commissioner Winton: Right. Mr. Black: -- and it -- my background information might be very helpful to have. City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Winton, please proceed. Commissioner Winton: OK. Chairman Teele: Because I think the worst thing -- Commissioner Winton: Yeah. Chairman Teele: -- we could do at this point would be just to say thank you for your report and go ahead. I think we ought to vet some of this. Commissioner Winton: I agree a hundred percent and that's where I'm headed. I think that the report that Mr. Black gave is a report that fairly reflects the view of probably that entire board, as it relates to how a Commission, at some point in time in the past, define their responsibility. I think what needs to be done, however, is we need to redefine their responsibility, and I'm going to ask Alicia whether or not all of the tasks that he's talking about that his board isn't doing that it's tasked to do -- excuse me. Are y'all -- Mr. Manager -- Madam City Manager, y'all need to -- I'm talking directly to you guys right now. The question here is, Mr. Black rightfully identified a whole series of things that the City Commission, at some point in the past, has tasked them to do, and said, bing, bing, bing, no resources, no resources, no resources, no capability. However, I listened to all of those things and I just want your answer on the record. Are there any of the tasks that we've given to them that the CityAdminisfation isn't working on? Ms. Cuervo Schreiber: None of -- Commissioner Winton: Are we -- Ms. Cuervo Schreiber: We are working on all those tasks. We do have a Transportation Committee that meets every month and now has started to meet every other month, and we will be happy to invite your group, too, and be an active member. Commissioner Winton: Hold on. You don't have to go through them one by one. Ms. Cuervo Schreiber: Oh, OK. Commissioner Winton: Because here -- the global point is this: My view is, we have, from a policy standpoint, two options. One option is, you ramp up this whole other committee with a whole bunch of staff and a whole bunch of resources that can do the tasks that they're defined to do, or you keep it within the City Administration, where you have an interlocking of disciplines that can trade-off meet with each other, run these things on a routine basis and move quickly; that are paid full-time to work on it. You know, this board is a bunch of volunteers, and so, my sense here is that it -- rather than frustrating this group of outstanding volunteers, that we redefine what their task is, and that we redefine it very carefully, and we make sure that we give them all the resources they need to do the specific tasks that we're giving them properly. That's what I would recommend we do here, so maybe I'll make a motion to that effect. I would move that the Manager be directed to bring back to this Commission a reviewed and redefined mission statement for the -- Zoning or Planning? Mr. Black: Planning. Commissioner Winton: -- for the Planning Advisory Board. City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Black: Planning Advisory Board. Commissioner Winton: And I think you should do that in consultation with the Planning Advisory Board. Bring that back to the Commission, with a very specific recommendation in terms of what you think their mission statement should be, and identify the resources that are necessary for them to fulfill that mission in the most professional and expeditious manner possible. That's my motion. Chairman Teele: Hold it, hold it, hold it. Mr. Black: Sorry, Mr. Commissioner. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Discussion. Mr. Black: Mr. Commissioner, could I just tell you that, you know, by Florida Statute, it creates the land use management agency, and that statute dictates some of the responsibilities the Planning Advisory Board. That's by State law. Commissioner Winton: And we have to follow that. Mr. Black: Now -- what's that? Commissioner Winton: And we have to follow that. Mr. Black: Well, yes, but these responsibilities really flow directly at the Miami City Commission -- the Commission, but you have delegated over years -- I don't know how long ago, in the '60s -- delegated those responsibilities to the Planning Advisory Board, so those you can't -- unless the Commission wants to take those back unto itself then those have to stay there. Commissioner Winton: Well, our -- this -- my motion directs staff to figure out all these key pieces and bring a recommendation back to us. Mr. Black: That sounds great. Commissioner Winton: So -- Mr. Black: That would be a huge help. Commissioner Winton: That's my motion. Chairman Teele: All right. Commissioner Regalado: After we vote --I second the motion, butt wanted to ask something. Chairman Teele: Commissioner Winton, could you restate your motion, please? Commissioner Winton: Yes. My motion is to direct staff to review the current mission statement and task that the Planning Advisory Board has responsibility for, in light of the way our City is currently organized, and to work with the Planning Advisory Board to bring back a new mission statement for the Planning Advisory Board that better reflects today's real realities within our City, and further, that that recommendation include a line item or a series of line items that City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 identify the resources that the Planning Advisory Board needs to fulfill its new function, whatever they're recommending. Chairman Teele: Would you include, please -- or perhaps, in your motion, that the staff would also provide, by separate cover, a point by point response or -- Commissioner Winton: Yes, absolutely. Chairman Teele: -- to -- Commissioner Winton: Of the -- right. Chairman Teele: -- to the comments that have been made? Commissioner Winton: Yes, yes. I think that's a very good idea. Chairman Teele: OK. On the discussion, I want to clarify one thing -- two things. We don't have a Planning staff other than the City Planning Department. You should not have, in my opinion, a staff other than the City Planning Department. Mr. Black: That's right. Chairman Teele: So when you say our plan -- our staff is inadequate or whatever -- if we -- Commissioner Winton: He's talking about board. Chairman Teele: Huh? Commissioner Winton: He's talking about board staff. Chairman Teele: But board staff is -- well, I'll just put that aside for a minute. The other point is this: We need to be careful that we don't get into a lot of communications going back and forth. I think that can open the door. You all have got to sort of go this on your own. We have a motion on the floor. Chairman Teele: Ifwe could return to the Planning item. We did not vote on that item, but I would just want to put on the record -- Where is the -- Commissioner Winton: Mr. Black. Commissioner Gonzalez: I believe he left. Chairman Teele: I do think that we need to really sit down with the Planning staff and see where the disconnect is, but I don't think it's a good idea for us to engage in a lot of substantive discussions about specific projects or particular activities. I mean, we are sort of like an appellate court in this role, and courts don't go and talk to each other. You review the record, and it's the record that comes before us, so I just didn't want to leave with the idea that we should engage in substantive discussions, from my vantage point. We should really rely upon the record. Commissioner Regalado: That's what I asked from the beginning that, to me -- it seemed to me that we should get the information -- more details from the staff about what the Planning Board and the Zoning Board did. Chairman Teele: We have a motion by Commissioner Winton on the floor, as amended. It was City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 seconded. Is there further discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Regalado: Mr. Black. Is Mr. Black here? He left? Commissioner Gonzalez: Yeah. Chairman Teele: I hope he didn't get offended. Commissioner Gonzalez: He left. Chairman Teele: All right. Mr. Manager, who do you want next? Commissioner Regalado: We have the Virginia Key -- Chairman Teele: Well, Virginia Key Trust. They're standing right there. Why don't you all come up? Can you do this in three minutes? Five minutes? Gene Tinney: Yes. Good afternoon, Mr. Chair, Commissioners. My name is Gene Tinney. I reside at 74 Northwest 51 st Street. These microphones are never high enough in the City of Miami, and I am Vice Chair of the Virginia Key Beach Park Trust. It's my honor this afternoon - - and I bring with me Mrs. Range's apologies, our Chair, for not being able to attend. As you know, in her business, people are dying for her services, and this week, she's the one that's holding down the whole business, so she couldn't -- she (UNINTELLIGIBLE) wanted to be here, but just could not. Pursuant to City Code Section 2-890, I present to you the 2003 Virginia Key Beach Park Annual Report. The annual report before you clearly responds to the information requested in the Virginia Key Beach Park Trust Board of Trustees. What we'll do, in the interest of time, is just summarize this, and if there are any specific questions that you might have, I'd like to just introduce -- we do have staff members; our Executive Director, Mr. David Shorter, our Assistant Executive Director, Mr. Guy Fortune, and our Financial Officer, Mr. Leacroft Robinson. Much in the same format that Mr. Black discussed in relation to the Planning Advisory Board, we had seven questions to answer, and I'll just address those briefly. Perhaps, for the record, the best way to answer number one, as to whether we met the purpose for which we were created, I would just like to read our mission statement into the record. Our mission is to create a vision for the development and use of Virginia Key Beach Park, promoting and maintaining absolute public ownership and access, fostering its perpetuation as a passive open green space that includes nature trails, recreational facilities, and museum structures appropriate and compatible with the nature of Virginia Key, preserving it as a valuable reserve to be enjoyed for posterity, and to honor the rich, historical legacy of social and civil rights history of South Florida, and the answer to question number one is, yes, we are fulfilling that trust, most notably by the effective -- by the creation of a master plan for the historic site. Moving on to number two, are we fulfilling important community needs? Yes, in two ways: By keeping the community informed of two things: Both the history and the value of the site, and of our ongoing process, and secondly, in addition to keeping the community informed, and most importantly, moving steadily forward to the development and reopening of the park. Our greatest accomplishments -- we've had several major accomplishments. As mentioned earlier, the completion of Virginia Key Beach Park Master Plan. This was an 8-month public planning process that allowed citizens ofMiami to participate in the development and the future use of Virginia Key Beach Park. Many of you participated in the planning process and in its success, and I'll just add that those meetings were held at different locations around the City to maximize input from numerous neighborhoods. In November, last year, we broke ground on the construction and restoration of the existing buildings located on the park. Now that was, of City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 course, the most significant, and perhaps, even more so because it was done coincidentally on Mrs. Range's birthday. The restoration phase is scheduled to be completed in May 2004, and we look forward to the start of the shoreline stabilization and ecosystem restoration projects, which are sponsored by the US (United States) Army Corps of Engineers. In answer to question number four, the Trust has been most successful in fulfilling its charge and there is no other entity that accomplishes the same function. Number five is the one item that does cause for us to pause and reflect, and that is whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. On this one, the answer is yes, and this is not something that we just mention lightly. Mightl add -- I'm saying this -- and I'll preface it by saying that we'll be contacting your staff and yourself to meet with you and ascertain your concerns, and benefit from your insights on this. Changes to the ordinance are not something that, as I said, we can take lightly. We ask that a language change to Section 38- 231 of Ordinance Number 12003 allow for a 50-year lease and management agreement between the Virginia Key Beach Park Trust and the City ofMiami, that that be developed, and that -- the language that we would like to see added is in the report that has been provided to you, and we take that as a working beginning. The change would allow the Trust to enter into agreements and to assure future partners, corporate sponsors and the community that Virginia Key Beach will remain a natural historic public place for future generations. In question number six, the vision of the board has not changed; therefore, we see no need to change the requirements for board membership. Number seven, finally, the cost of maintaining the board does not come cheap. The staff that has been assembled is extremely capable, and those who are familiar with the Trust know that we stay very focused on tangible and practical results, and that we make every effort to maximize the efficiency of our use of resources, and to keep our costs cheap. If you have any questions, I'll be glad to answer them to the extent that can, or call on our staff. I thank you very much. Chairman Teele: Thank you very much for your report. Let me just inquire. The -- now, we're in this reconstruction mode. Is the park open at all for special events? I know, in the past, it has been. Did you all close the park for special events? Mr. Tinney: We did, mainly because consfruction is going on and there are the liability issues. It does not preclude some possible opening of the park, sections that are, you know, remote from the -- from consfruction. Chairman Teele: What about that annual Fourth ofJuly event, are you all going to be able to host that this year? Staff is saying no. Mr. Tinney: I doubt it very much. I doubt it very much. Where we are, we're looking at -- the building restoration phase -- that's the existing building; the bathhouse, the carousel -- the ones that you're familiar with -- the train tunnel -- we expect to end at the end ofMay. Soon thereafter, we'll be starting the sanitary/sewer consfruction, so really, our priority is to move forward with construction, and if there's any reason not to delay the -- Chairman Teele: Are you all working with our Capital -- Mr. Tinney: CIP (Capital Improvements Program)? Chairman Teele:-- Improvement Department on the bid (INAUDIBLE) for the sewer project, or are you all doing that on your own? Mr. Tinney: Yes, we are. Is there any update on that we need to -- do you have any -- Chairman Teele: You've got to say it on the mike. OK. That's all right. I should not take my colleagues' time. I'll come and meet with you. City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Tinney: OK. Chairman Teele: Thank you very -- Mr. Tinney: And we propose a meeting with all of you. Chairman Teele: Are there any other questions ofModel City Trust? Thank you very much -- Mr. Tinney: OK. Chairman Teele: -- Dr. Tinney, and -- Mr. Tinney: Thank you. Chairman Teele: -- we appreciate -- Mr. Tinney: And thank you very much. Chairman Teele: All right. Mr. Manager, who do you want next? Unidentified Speaker: Street and Codesign Review Committee, if they're present. Chairman Teele: All right. Street Committee -- Codesignation Committee. Carolyn Cope: Good afternoon, Commissioners. My name is Carolyn Cope. I reside at 980 Northwest North River Drive. You have the report in front of you. We had 13 codesignation requests in 2003. The only thing I have to ask of you gentlemen is that your appointees show up. Of those 13 codesignation requests, I was the only one in attendance. The bylaws were changed so that for a quorum, we only need one person, butt would request -- and I was Commissioner Winton's appointee -- I would appreciate if in this next year, your appointees are asked to please come to the meetings. Chairman Teele: All right. Madam Clerk, we're going to request that, before the meeting is over, that you give us a list of the Street Codesignee members and the attendance for each of the members, so that we can take a look at that. Commissioner Regalado: Absolutely. Ms. Cope. Thank you. Chairman Teele: Also -- sir? Commissioner Winton: I was just going to say something smart. You know, I suspect, as I drive around the City, looking at all the codesignated streets, they're going to run out of streets to name pretty soon anyhow so -- Commissioner Regalado: No. We still have -- Ms. Cope: It's -- recently -- that's a very good observation. Recently, we received our second Brickell family member, so the recommendation is going to be when it comes to families of people that were, you know, the -- Commissioner Winton: Pioneers. Ms. Cope: -- forebearers and whatever, that we designate plaque, street, marker, different City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 things so we don't have like five Brickells, and we definitely have to stick to the "you have to be dead in order to be codesignated." Commissioner Regalado: You know -- Mr. Chairman. Ms. Coper: Yeah. Chairman Teele: Commissioner Regalado. Commissioner Regalado: I think that, you know, codesignation is important for a City because it's a legacy that will be here forever. I mean, we will be gone -- long gone, and the streets will be there, butt was thinking the other day -- as a journalist, I'm supposed to be curious, so I went by an area in District 4, in Flagami, 55th Avenue, 3rd Street Southwest, and there are several streets that were designated many years ago; former United States Armed Forces officers that died and these streets have their names, and other streets have many names, and I think that, at some point, either at the start of the codesignation or at the end of the codesignation -- and I know that this involves money, but it's important for history's sake. We should have sort of a sign, a plaque explaining who the person was that the street had been named after, because I think that the neighbors deserve to understand the importance of that person. Had not been that person important, you wouldn't have approved it, nor we would have suggested or approved your decision, and I think that there are -- I mean, Beethoven, anybody knows who it is, but there are people that many people would not recognize the name, but they should know who that person was and what that person offered to the City ofMiami. You know, we work with a sense of present, and I think that we have also to have in mind the sense of future generation, and the people 20 years from now, 25 years from now deserve to know who these people were. Chairman Teele: What they did. Commissioner Regalado: And what they did. Ms. Cope: I know there is a process where it has to be publicly noticed in the paper 10 days prior to coming to the Codesignation Board, and then we receive packages of information on the individuals that gives us the background and the worthiness of the individuals for the codesignation. My suggestion to you would be, on your website, to create a codesignation website within the Miami -Dade dot gov, City ofMiami. Create a website that would explain, so that the individual could be directed to that, if they had a question. Commissioner Regalado: Yeah. Chairman Teele: All right. Let's do this -- Commissioner Regalado: But still -- Ms. Cope: That's just a suggestion. Commissioner Regalado: -- I think it should be in the location. Chairman Teele: Let's do this. Who staffs you all, Public Works? Ms. Cope: Public Works. Chairman Teele: OK. Is the Public Works Director here? Alicia Cuervo Schreiber (Chief of Operations): She's out with the flu, Commissioner. I'll represent Public Works. City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Do you have Planning under you also? Ms. Cuervo Schreiber: Yes, sir, I do. Chairman Teele: What both of the people -- what Hs. Cope is saying and what the Commissioner is saying are one thing. We need to develop a historical record, not for why we did it today, but for 10 years from now, 40 years from now, 50 years for now, and whether it's on a website or whether it's by plaque or marker, I think the staff should take this under advisement. I would like to ask the City Attorney to work with Ms. Cope and with the staff to come up with a new ordinance relating to the Sfreet Designation Committee to include street designation and other designations and historic markers. Now, that moves you out of the "Public Works" and into the Planning and into the historic division stuff but there's just no linkage here, and the truth of the matter is, if the people are dead -- and I assume that everybody that we're naming streets for now is dead -- Ms. Cope: In the City ofMiami, yes. Chairman Teele: In the City ofMiami, then, you know, really the historical -- the planning component of the historic office should really be involved in staffing this, as well in terms of trying to make sense of it, so I think Ms. Cope's recommendations are great. I think Commissioner Regalado's point is a very good point. I'm not saying that every street ought to have a marker, but some of the streets really should have markers along the side. I know we've got some great ones in the Grove that they did back in the '40s and the '50s, and they're still there, and they explain things, and I think his point is a very good point, so it's -- I think we need to let the staff come back to us and give us some solutions, butMr. Attorney, as a part of that, I would appreciate if you would codify, as an ordinance change -- Sfreet designation is a part of an ordinance, right? George Wysong (Assistant City Attorney): Yes. Chairman Teele: I would appreciate if you would codify, in conjunction with Ms. Cope and the staff an ordinance change that captures the essence of what Commissioner Regalado's talking about, which is to move the Sfreet Designation Committee from just a street designation committee, but also give them some jurisdiction for markers and other designations that may be - - For example, I said we ought to designate a square -- four corners as a square or a circle for the late Clyde Killens, as an example, but that sort of falls between the crack, and we really should address it, so, Commissioner, if you don't object, we're going to ask the staff to come back to us in 60 days -- 90 days? When would that be, Madam Clerk? Priscilla A. Thompson (City Clerk): Sixty days would be at the May 27th meeting. Ninety days would be at the June 24th. Commissioner Regalado: May. Ms. Cope: June is better. Chairman Teele: Why don't we come back for the June twenty what? Ms. Cope: Yeah. Chairman Teele: The June 24th meeting, with a report on the street designation, the ordinance for first reading changes, and see if we can get Public Works and Planning to sort of coordinate this and look at it, and tell us what to do. If they decide not to do it that way, then we're not going to do it that way, but at least we got the ball rolling, and your presentation was very City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 helpful. Ms. Cope: Thank you, sir. Chairman Teele: And we will look at the attendance, as you've outlined. Ms. Cuervo Schreiber: Commissioner Teele, as it relates to codesignation, we are having some issue with Miami -Dade County and the Florida Department of Transportation about lettering sizes and the size of the signs, which is holding up some of the designation. I'd like to include in that repor, specifications from both parties; what would be the requirements as it relates to co - designation. Chairman Teele: Right. In that ordinance, Mr. Attorney, would you designate also that the Street Designate will coordinate and arrange for a suitable unveiling or designation? What do you call these things? Unveiling -- because, you know, we get streets that meander around and then there's nobody around to say, oh, we're ready to move forward. I mean, I've had some in the hopper for two years, three years, and then I see the signs up, but the family, which is long gone and up in Daytona and Atlanta, who wanted to come down, wasn't even afforded the opportunity to -- Mr. Wysong: Ceremonial dedications. Chairman Teele: The ceremonial dedication, right. Ms. Cope: Right. Chairman Teele: It's terrible the way it's going now, so -- Ms. Cope: OK. Thank you, gentlemen. Chairman Teele: Next committee. Ms. Cuervo Schreiber: The next committee would have been Beautification Environment. They're not here. The Status of Women is not here. Orange Bowl Advisory Committee is the next . Commissioner Gonzalez, Orange Bowl Advisory Committee. Thank you. Commissioner Gonzalez: Yes. I have to give a report to each one of my colleagues and it's in your agenda book. Pursuant to Code Section 2-892, I'm submitting to you a summary report of the significant accomplishments of the Orange Bowl Advisory Board for the calendar year of 2003, as well as the goals for the year 2004. The board met eight times in the calendar year 2003, in order to achieve the provisions of Resolution 92-802. I'm on the goals and achievements. This year, the Orange Bowl revenue have increased 70 percent from last year, for a total of three million, eight hundred and ninety-three thousand, five hundred and ninety-six dollars and twenty-seven cents. The increase in revenue is mainly due to the hiring of Boston Concessions, the new concessionaire for the stadium, which have guaranteed nine hundred and fifty thousand dollars in revenues for the City. Another cost for the increase is due to the many events that have been hosted at the stadium, including the 2003 Gold Cup, and other several significant international soccer matches, including two Olympic qualifying matches. We're also pleased to announce that the Orange Bowl Stadium has been placed on the legislative agenda for 2004. The two amendments being presented are a professional sports tax legislation to permit a stadium that host international soccer games to qualify to receive funds from this revenue source, and the support amendment of Chapter 212.808 that's in Florida Statutes, to allow any public athletic facility, at which athletic teams of a private or public university or college is based to retain sales tax generated by the facility for renovations. The Orange Bowl Advisory Committee is committed to improving the Orange Bowl Stadium, and to meet the City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 challenges established by the City Commission toward this goal. Thank you. Chairman Teele: Thank you very much, Commissioner, as Chairman of the Orange Bowl Committee. Are there further discussions or comments? All right. If not, Madam Manager, who would you like next? Ms. Cuervo Schreiber: There are no more committees. Thank you. Commissioner Regalado: So what happened with the one that didn't show up? They just submit the report? Ms. Cuervo Schreiber: They did submit written reports. Ifyou'd like to schedule it for the next Commission meeting, we can do that. Chairman Teele: Yes. Albio Castillo: Can a citizen speak on this item, sir? Chairman Teele: A citizen may always speak -- Mr. Castillo: Thank you. Chairman Teele: -- if I'm presiding. Mr. Castillo: Can I speak now, sir? Chairman Teele: Yes, please. Mr. Castillo: Thank you. My name is Albio Castillo. I live in 2386 Southwest 5th Street. I would like to ask this question (UNINTELLIGIBLE) Code Enforcement Board. I have been trying for the past three years, four years -- and I hope the Mayor is listening what I'm about to say. I have been trying to get this law passed to streamline Code Enforcement and nothing has been done, so I'm going to say it now. Eliminate the 250 and the 500, and just start collecting 10 ,150, and stop collecting at 150. I have been frying to get that for three -- for four years. Nothing -- has done nothing about it, and that we should streamline Code Enforcement instead of people coming in here with ninety-five thousand dollars, and they go to the Code Enforcement and it takes them five thousand dollars for two years to collect. Thank you. Chairman Teele: Mr. Attorney, explain what was said to me. Mr. Wysong: I believe he was referring to the amount of the fines that are imposed by the Code Enforcement Board; that -- Commissioner Regalado: And the mitigation. He's talking about the mitigation. Mr. Wysong: -- that a more reasonable fine, I suppose, would be appropriate; that a ninety-five thousand dollar fine on a property that's not worth ninety-five thousand dollars doesn't really lead anywhere, other than showing this huge amount of fines owing. Mr. Castillo: That's why I say to start collecting that 10,150, eliminate the 250 and 500, and start collecting that 10,150, instead of waiting until you get ninety-five thousand dollars. Commissioner Winton: Moving right along. Chairman Teele: Well, I think there is one point, though, that really should be considered, City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioners, and that is this: We should limit fines to at least double the value, appraised value, or triple -- but, I mean, what it does, Johnny, is -- you see these fines, they're accumulating by the day. Our intent is not -- we're not here to try to collect fines. Our intent is to get compliance, and I think the board does a good job in mitigating, and I don't have a problem with them mitigating, but I think it does give a really distorted view to people walking and they see a hundred dollar fine on a building that's got a value of twenty-five thousand dollars, and it gets mitigated down to five hundred dollars. You all ought to consider that, but thank you for your input. Moving right along. Commissioner Regalado: There is this case that I saw before the board about two years ago, this ice cream truck that had a two hundred and fifty thousand dollar fine. Chairman Teele: Well, that's my point. OK. We need to get through this. Commissioner Regalado: Mr. Black is here. Chairman Teele: Mr. Black, we took up your item while you were gone. Did the staff tell you what we did? James Black: No, sir. Commissioner Winton: He was here when we -- when I -- Chairman Teele: No, he wasn't. He left. Mr. Black: You mean the resolution -- Commissioner Winton: On the resolution. Mr. Black: -- by Commissioner Winton? Chairman Teele: Yeah -- Mr. Black: Yes. Chairman Teele: -- as amended, and all of that. Mr. Black: Yes. I would -- Chairman Teele: But you had gone out when we voted on that. Mr. Black: Yes. The Manager asked me to step out and discuss some parts of my remarks. Chairman Teele: Took you out behind -- Mr. Black: But what -- Chairman Teele: You were out behind the shed. Mr. Black: Tried to do that as gently as they could, but, listen, I need to make one point, Mr. Chairman, if you don't mind. I hope that my remarks were not taken as any criticism -- Commissioner Winton: Not at all. Mr. Black: -- of the City's Planning Department. City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Not at all. Mr. Black: Every -- almost every time there's a meeting, I commend that department. That department is incredible. We are very fortunate to have the credentials of those people. They're outstanding, they're dedicated, and they work very, very hard. My remarks were simply directed to what the Planning Advisory Board, by Code, is supposed to do, and I'm just pointing out to you that we're not doing a real good job meeting those obligations, and Commissioner Winton has now suggested that maybe we review what the Planning Advisory Board is really supposed to do, and give it the tools and the funding necessary, and I appreciate that, but please don't take my remarks wrong. Commissioner Winton: And I -- by the way, I didn't take it -- Mr. Black: Great. Commissioner Winton: -- as that, at all. Mr. Black: I'm glad you didn't because I just think -- Commissioner Winton: Not at all. Mr. Black: -- the world of those people, and I'd hate them to feel as though I was, in any way, being critical. Commissioner Winton: Yeah. Mr. Black: Because they've done a hell of a job. In the past years -- Commissioner Winton: And so have you guys. Mr. Black: -- when we didn't have an abundance of funds, you can remember, they were working double time and double shifts, and making do with what they had. Commissioner Winton: And y'all are doing a great job. Mr. Black: Great. Commissioner Regalado: I am -- just a brief question. I remember that I had the honor to appoint you eight years ago. Mr. Black: You -- Commissioner Regalado: Was the first one. Mr. Black: You first appointed me eight years ago. I've been Chairman for six. Commissioner Regalado: Eight years ago, but my -- Mr. Black: Commissioner -- Commissioner Regalado: -- my question was, recently, there was a -- sort of a proposal to do away with the Planning and the Zoning, and create a new entity. We had board members here that were really opposed to that, but we never got any official motion from the board. I know that ftom the Zoning Board, we did, but ftom the Planning, never. City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Black: Yes. Commissioner Regalado: I just wanted to understand what was going on. Mr. Black: Commissioner, there was a resolution passed. It passed through the department, to be passed to you, as what the procedure is. There were two of them, requesting the Commission consider combining the Planning and Zoning Board -- Planning Advisory Board with the Zoning Board. The Zoning Board and the Planning Advisory Board, over ten years, it's going to cost the City about -- anywhere between two and three million dollars each to maintain. There's a lot of -- many, many issues come before both boards simultaneously. The only thing I'm arguing for in that -- the only thing that the Planning Advisory Board members that voted for that wanted to do was to simply have an airing. We've never been able to have a dialogue because there's been so much vehemence, and I don't understand that. All we're asking, where is the dialogue to just discuss the possibility. We think it has a huge -- those of us that favor that -- we feel it has a huge benefit to the City, and there are others that feel the other way, but if you, in your wisdom, could see clear to have a hearing on that issue and just discuss both sides. Chairman Teele: Any Commissioner could put it on his blue pages and give everybody notice and do it, if that's the will of any particular Commissioner, but I do think we need to move through this agenda, and I also think that when you have something like this that's up in the air, it really has a bad effect on the volunteers -- the members of the board because it's never properly disposed of and it's always better to dispose of things than to let them be in limbo, so, Commissioner Regalado, if you want to put it on your blue pages, I would welcome it, or however we want to proceed. OK Mr. Black: Thank you. Chairman Teele: Can we move into the agenda? Madam Manager, I was just given the -- by the Clerk, the Street Designation Committee. Now, this is one of the problems. Let's put it on the table. Apparently, nobody's staffing this committee properly. There are no records. No -- Ms. Thompson: I'm sorry. We've not been given any attendance records for the year 2003 or 2004, so that what I gave you, Chairman, is what we have as the record of attendance in our records, and there are no absences. Chairman Teele: OK, but the real issue here is this: The records are saying no absences, but that's not the answer. The answer is, there's no reports, and, you know, the Public Works Department, if they're staffing this, they need to work with the Clerk's Office. The Clerk's Office needs to be more proactive and say there are no reports coming in, but somewhere along the line, we ought to get this corrected, and this is a part of the reoccurring problem when there is a disconnect with these various committees. The staff has got to really follow up with it, so we're -- request, respectfully, that you all would appoint sufficient staffing to file reports regularly with the Clerk's Office, and to do the public notices, as appropriate. All right. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 PART B Note for the Record: The City Clerk had administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues during discussion of item DI.4 ( See Page 86). PZ.1 04-00077 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING OR DENYING THE APPEAL, REVERSING OR AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 936.1-7, TO ALLOW A DAYCARE OF 7500 SQUARE FEET OR MORE GROSS LOT, WITH A MAXIMUM OF 51 CHILDREN IN THE R-1 RESIDENTIAL ZONING DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 3675 NW 11TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 04-00077 Fact Sheet.pdf 04-00077 Appeal Letter.PDF 04-00077 Analysis.PDF 04-00077 Zoning Map.PDF 04-00077 Aerial Map.pdf 04-00077 ZB Reso.PDF 04-00077 Application & Supp Docs.PDF 04-00077 Plans.PDF 04-00077 Legislation A.PDF 04-00077 Exhibit A.PDF 04-00077 Legislation B.PDF 04-00077 Exhibit A.PDF 04-00077 - submission - floor plan.pdf 04-00077 submittal.pdf 04-00077 submittal letter.pdf REQUEST: Appeal of a Zoning Board Decision of a Special Exception to Allow a Daycare LOCATION: Approximately 3675 NW 11th Street APPLICANT(S): Yaima Crespo, Owner APPELLANT(S): Yaima Crespo, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 special exception and denial of the appeal. ZONING BOARD: Denied the special exception on December 15, 2003 by a vote of 6-3. PURPOSE: The approval of this appeal will allow a daycare with a maximum of 51 children. REMANDED BACK TO ZONING BOARD A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, to REIVL4ND BACK TO THE ZONING BOARD item PZ.1. Chairman Teele: Can we do PZ.1, please? Please. Lourdes Slazyk: Yes. For the record, Lourdes Slazyk, Planning & Zoning Department. PZ.1 is an appeal of a special exception that was denied by the Zoning Board, and recommended for denial by the Planning & Zoning Department. We would recommend that the appeal be denied, and that the Zoning Board's denial be upheld. Dr. Denis Rod: Is it all right? Ms. Slazyk: Oh, you're here for the appeal? Dr. Rod: Dr. Denis Rod, 2759 Northwest 6th Street. I'd like to give information. Good afternoon, Chairperson and Commissioners. First of all, I want to thank you very much. I'm also a Planning Board member, and the only thing I can say is thank you for everything, but in able to work for all of you better, we need sometimes communications not to make waves. Now, going to -- Commissioner Gonzalez: Let me -- Mr. Chairman. Let me interrupt you. I don't know if there is a conflict of interest here. You serve on the Zoning Board, right? Commissioner Regalado: Planning. Dr. Rod: Planning. Commissioner Gonzalez: Oh, Planning Board. Dr. Rod: No. Commissioner Gonzalez: I don't know if he's going to testify -- Dr. Rod: No, I'm not going to testify. I'm just going to say that know the neighbors because they live in my neighbors -- it's over in there. I hold a meeting at my house twice a month, so, therefore, these are the families that coming to my meetings. I'm also a community meeting. We have community meetings at my house twice a month, and they are family who come to my meetings. Therefore, ifyou read what wrote, I come here to testify that, as a citizen, I know them to come and be responsible people. They take care of their yard. They take care of the neighbors. They come and they walk around. They check everything. In other words, they're an excellent family. The reason I'm here today is to -- because I was asked, as it's well -written there -- is because they come to my meeting and they wanted me to make sure that you would know that they're very responsible people. They just don't do something out of just doing it. That is the purpose that I'm here. George Wysong (Assistant City Attorney): Mr. Commissioner, he's a member of the Planning City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Advisory Board, and this item never went before the Planning Advisory Board. It only went in front of the Zoning Board. Commissioner Gonzalez: OK I just want to make sure that there is no conflict of interest. Dr. Rod: And that is one of the reasons thatl wrote what you have in your hands. Thank you very much. Ivan Cajina: Good evening. For the records, my name is Ivan Cajina. I reside at 371 West Park Drive in Miami. I am not a registered lobbyist, and I'm here today to represent Ms. Jamie Crespo (phonetic), who is also my sister-in-law, and I'm not being paid to do that. I'll just ask of you a few minutes to go over what have documented and prepared for you tonight. I hand out some of this to every one of you, Mr. Commissioners, and I will go ahead and read. Please allow me. Mr. Chairman of the board, gentlemen, members of this board, I'm here today before you in reference to a daycare center proposed for development on Northwest 36 -- 3675 Northwest 11 th Sfreet, in Miami, Florida. The center was presented to you on December 14th, and it was recommended denial by the Department of Building and Zoning, since, at that time, such department would not find these site plans appropriate for a safe ingress and egress of children to and from the center on Northwest 11 th Sfreet. After that hearing on December 14th, we came back a few times and met with the members of that hearing -- I'm sorry -- of the professional staff from the Department of Building and Zoning until, together, we worked out a new and redesigned site plan, one that would fulfill all of the safety requirements and concerns mandated by the Department of Building and Zoning. On February 26th, at around 1: 30 a.m., and after many hours of waiting, this case was presented to you one more time with the intention of presenting to you the new revised site plan, but at that hearing, this presentation had to be deferred for a new date for a more proper and complete study. Mr. Chairman of the board and members of this board, the founders of this proposed center, Mr. George Crespo, Mrs. Martha Crespo, his wife, Janet Crespo, my wife, and Jamie Crespo, my sister-in-law, have lived in this area for the last 11 years, and they love this community. Because they really love it, they have vested their most sincere faith and enthusiasm into this project because they truly believe that it will empower the economic and social well-being of our local community. Mrs. Crespo has 27 years as a kindergarten teacher. Her devotion in educating children at early age will be a tremendous asset to this community, in which this project is intended to operate. As a family business, they are frying to work united with their local community because they understand that by doing so, they are helping to revitalize and empower the local economy and social well-being. At Magical World Daycare Center, they are making sure to make every step necessary to excel in the quality of safety features and services provided, not only because they want to comply with legal requirements of this type of business, but because they believe in doing things the right way, and by the way, the only two grandchildren ofMr. AndHrs. Crespo -- who are my two kids -- will attend this center as well, and since they would not put their own most precious jewels in danger, they would not -- never do it to others. Dear members of this board, it is today our last opportunity to present this project to you, and we humbly appreciate this opportunity, but also would like to ask of you to pay a well detailed attention to all of our honest intentions and hard work done, guided by the professionalism of the Department of Planning & Zoning of the City of Miami. Where other investors would have probably sold this property and relocated their business idea to another area of Dade or Broward County, we sat together as a family and decided to go the extra mile to achieve our family goal, even when this would need exfra investment on our part. We would like to express a special thanks to some of the professionals that guide us in this journey starting with all of you, Mr. Chairman of the board and members of this board, that allowed us to come back today and present to you our project once again. Also, we want to say thanks to Ms. Lourdes Slazyk and her staff for providing us with the necessary requirements to make our project totally safe for our children. Mr. Fausto Callava, Administrator of the City ofMiami NET (Neighborhood Enhancement Team) program for the Flagami area, for coming to our site location and express satisfaction for the kind of project we intend to create. Mr. Francis Garcia, City gill/Pamirs Zoning Administrator, for giving us some City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 of this valuable time and revised our new site plan for this project. To all of you, City ofMiami team professionals, once again, thank you very much. Chairman Teele: All right. Now, did you have anything else you're presenting? Mr. Cajina: Yes. In this booklet I presented to you, you can revise -- I have brought to you tonight -- this is the old plan -- so for you to understand. This is Northwest 37th Avenue, and this is Northwest 11 th Sfreet. It was recommended denial, due to the fact that the drop off of children will be by the main entrance on 11 th Sfreet. We have changed that. This is the new revised plan, where we agreed not only to eliminate part of the structure of the house, reducing the numbers of children from 51 to 40, taking the ingress and egress of children into the inner section of the property, so it makes it safe for parents and children not to run away into the traffic; to create a -- thank you very much -- to create a -- sort of a drive -through system so that parents can drive from 11 th into the property, drop off the kids, and go out on Northwest 37th Sfreet going north. All of these changes have been made, once again, just with the sole intention of -- do whatever it takes to get our project go on. We are not trying to establish any kind of business that will degrade or will implicate any type of problems to the neighbors. By the contrary, it will help the needs of all of those neighbors that need to go out to work every single day and have to leave their children in good hands right in the neighborhood. They don't have to go and drive further to pick up and drop off and go to work. They can do it right there in the neighborhood. Thank you very much. Chairman Teele: All right. Are there any other persons who would like to be heard on this? All right. We're going to go to the staff. You may have a seat, sir. Thank you. Ms. Slazyk: Now, the original plans were what went through the Zoning Board and was recommended for denial and denied by the Zoning Board. The modified plans that the applicant is showing you tonight have not gone to the Zoning Board, and they haven't gone through the system. It is an improvement from the original plan, but, again, the official recommendation before you is for denial because the plans on file are the old set of plans, which were not deemed safe. Chairman Teele: Whose district is this? Commissioner Gonzalez: I have no doubt that this is a very respectable family. I have no doubt that they have the best intention. I have no reason to not to believe that this is going to be a family operated business that is going to be conducted in the most appropriate manner, butt still have some concerns, and my concern is -- and it has been the only concern that I had about the project. It has nothing to do with the family. It has nothing to do with the reputation of the family. It has nothing to do with where the family lives or how long had they been living in there. It has nothing to do with that. The concern is the safety of the children. I am going to recommend that we defer this item for another 30 days, to give you an opportunity to meet again -- are we allowed to do that, Lourdes, to defer this item? Chairman Teele: I would rather -- if you're going to do this, I'd rather you remand it. Commissioner Gonzalez: Remand it. Ms. Slazyk: Remand it to the Zoning Board so they can look at the new plans. That might be -- and then you can get a recommendation from them on the new plan. Commissioner Gonzalez: OK I don't want to kill the project. I don't want to kill the project, but I want to make sure that the project has safety. We're talking about children. Ms. Slazyk: Yes. City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Gonzalez: And even though you have submitted photographs on your backup material of different daycares in the City ofMiami, where children are exposed to very dangerous situation, that doesn't mean that because there is 21, I'm going to approve the 21. Twenty people may have done something wrong, but I'm not going to be -- I don't want to have in my mind -- in my conscience the responsibility if there is ever an accident, that a car goes through that fence and kills three or four children, it be on my conscience that approve this in my district, so I want to save the project. I want the project to be built. I want this to be done, butt want it to be done right, with the safety for the children, OK? So, Commissioner -- Chairman Teele, what is the proper -- Chairman Teele: Motion to remand to the Zoning Board. Commissioner Gonzalez: To the Zoning Board. Commissioner Winton: Second the motion. Chairman Teele: Is there discussion? You understand what we're doing here? All those in favor, say "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed. The matter is remanded to the Zoning Board. PZ.2 03-0380 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY THE TOWER RESIDENCES CONDOMINIUM ASSOCIATION, JEFF STEWART AND RESIDENTS OF THE RITZ CARLTON CONDOMINIUM, AFFIRMING THE DECISION OF THE PLANNING AND ZONING DIRECTOR ISSUED ON SEPTEMBER 11, 2003, THEREBY APPROVING WITH CONDITIONS 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." City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 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 Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Noes: 1 - Commissioner Teele Absent: 1 - Commissioner Sanchez R-04-0192 APPEAL DENIED; ZONING BOARD'S DECISION UPHELD. Chairman Teele: PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 is an appeal of a Class II special permit. This item was heard by the City Commission on January 22nd and February 26th. It had been continued to February. The Commission had continued it to today to ask for a legal opinion from the Law Department on some of the issues that were discussed at the last meeting. Chairman Teele: This is not a public hearing. This file has been brought forth with the record below being before us. Thank you all very much. Mr. Attorney. George Wysong (Assist City Attorney): Yes, sir. Chairman Teele: Where's your opinion? Mr. Wysong: I believe we distributed it, but we're handing out an exfra copy now. Chairman Teele: You want to opine for the record what you're saying? Mr. Wysong: The basic gist of the opinion, and it seems that the crux of the matter is whether or not a hotel is a residential use. Staff has classified hotel as a residential use, and this attorney -- City Attorney's opinion confirms our office opinion that hotels are rationally classified by staff as residential uses and, therefore, the staff made the correct determination. City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: All right. Commissioner Winton: So, we have no basis in law or our Code to deny this request; is that correct? Mr. Wysong: According to our reasoned opinion, yes. Commissioner Winton: So, I don't, you know -- and as I said before, I have not only constituents, but friends in the Ritz. I don't have any constituents or friends at the hotel, but that doesn't take away my responsibility as an elected official to follow the law, follow the Code and make the right decision, and I don't -- there's no grounds to support my constituents or my friends, so I will move that we -- what am I moving? I'm moving that we support something. Ms. Slazyk: Deny the appeal and uphold the Zoning Board's decision. Commissioner Winton: Thank you. That's the only choice I have, so I'll move that. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there discussion? Madam Clerk, call the roll. Priscilla Thompson (City Clerk): Commissioner Regalado? Commissioner Regalado: The vote is yes, right, for denial? Commissioner Winton: Yeah. Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Teele? Chairman Teele: No. The item is adopted 3 to 1. Unidentified Speaker: Thank you. Commissioner Winton: You know, if anybody got a "no, " it should have been me. PZ.3 03-0423a 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 PROPERTIES LOCATED AT APPROXIMATELY 3163, 3165 AND 3175 SOUTHWEST 22 City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO " RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-0423a SR Fact Sheet.PDF 03-0423a Analysis.PDF 03-0423a Land Use Map.PDF 03-0423a & 03-0423b Aerial Map.pdf 03-0423, 03-0423a & 03-0423b School Brd Recomm.PDF 03-0423a PAB Reso.PDF 03-0423a Application & Supp Docs.PDF 03-0423a SR Legislation.PDF 03-0423a FR Fact Sheet.PDF 03-0423a FR Legislation.PDF REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3163, 3165 and 3175 SW 22nd Terrace APPLICANT(S): Blue on Coral Way, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID 03-0423b. PURPOSE: This will allow a unified commercial development site for the proposed Blue at Coral Way Major Use Special Permit Project. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez 12507 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 and 4 are companion land use and zoning item, along with PZ.5, which is the Major Use Special Permit for the Blue on Coral Way Project. PZ.3 and 4, which are the land use and zoning change items, were recommended for approval by the Planning and Zoning Department, approval by the Planning Advisory Board, and approval by the Zoning Board. This item passed on first reading at March 11 th, where a covenant had been proffered by the applicant on PZ.4. The Planning and Zoning Department and the Law Department have received the covenant and reviewed it, and it's acceptable, so we would recommend approval. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: This wasn't what Commissioner Sanchez wanted deferred? Commissioner Regalado: No. Commissioner Winton: OK. I was wrong. Ms. Slazyk: No. It was the other one. Yeah. Commissioner Winton: So, OK. Commissioner Regalado: No. It was something on Little Havana. This is mine. Commissioner Winton: This is in your district, then? OK. Ms. Slazyk: Right. Chairman Teele: All right. Give us your recommendations again. Ms. Slazyk: The recommendations are for approval. We have the proffered covenant, and when we get to PZ.5, we'll describe the Major Use Special Permit. 3 and 4 are the land use zoning change items, and just so -- Commissioner Regalado: Public hearing. Ms. Slazyk: -- for the record, the proffered covenant on 4 was that there would not be the access to the garage off of 22nd Terrace. The vehicular access would remain off of Coral Way. Commissioner Regalado: OK. On 22nd Terrace, there will be just the town houses. Ms. Slazyk: Right, which you'll see in the project when we do PZ.5. Commissioner Winton: Good. Ms. Slazyk: But the covenant is with PZ.4, so even if the MUSP (Major Use Special Permit) goes away, the covenant covers 22nd Terrace. Commissioner Winton: Great. Commissioner Regalado: OK. I move for approval, Mr. Chairman. Commissioner Gonzalez: No. Hold it, hold it. Commissioner Winton: Public hearing. Chairman Teele: Madam Attorney. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. Chairman Teele: Very good. This is a public hearing. Any person desiring to object to this PZ. 3, 4 or 5 should come forward at this time. There are no persons coming forward. The public hearing is closed. Commissioner Regalado. Commissioner Regalado: Mr. Chair, I move for approval of PZ.3. City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." Commissioner Regalado: No. It's an ordinance. Unidentified Speaker: It's an ordinance. Chairman Teele: It's an ordinance. I'm sorry. The ordinance was read by title into the public record by the Assistant 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, 3/0. PZ.4 03-0423b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3163, 3165 AND 3175 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0423b SR Fact Sheet.PDF 03-0423b Analysis.PDF 03-0423b Zoning Map.PDF 03-0423a & 03-0423b Aerial Map.pdf 03-0423, 03-0423a & 03-0423b School Brd Recomm.PDF 03-0423b ZB Reso.PDF 03-0423b Application & Supp Docs.PDF 03-0423b Legislation.PDF 03-0423b Exhibit A.PDF 03-0423b FR Fact Sheet.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 3163, 3165 and 3175 SW 22nd Terrace APPLICANT(S): Blue on Coral Way, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on December 15, 2003 by a vote of 8-0. See companion File ID 03-0423a. PURPOSE: This will allow a unified commercial development site for the proposed Blue at Coral Way Major Use Special Permit Project. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez 12508 Chairman Teele: PZ.4. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is the zoning item approval. Chairman Teele: Mr. Attorney, read the title. Commissioner Winton: Public hearing. The ordinance was read by title into the public record by the Assistant City Attorney. Chairman Teele: 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 there a motion? Commissioner Regalado: Move it. Commissioner Winton: Second. Chairman Teele: 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 adopted on second reading, 3/0. PZ.5 03-0423 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 BLUE ON CORAL WAY PROJECT, TO BE LOCATED AT APPROXIMATELY 3170 SOUTHWEST 22ND STREET AND 3163, 3165, AND 3175 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, TO BE COMPRISED OF A 20-STORY MIXED -USE BUILDING, WHICH CONSISTS OF 190 TOTAL MULTIFAMILY RESIDENTIAL UNITS, 4,135 SQUARE FEET OF RETAIL SPACE, 4,100 City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 SQUARE FEET OF OPEN RECREATIONAL SPACE WITH RECREATIONAL AMENITIES, AND A PARKING GARAGE CONSISTING OF APPROXIMATELY 331 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0423 Fact Sheet.PDF 03-0423 MUSP Analysis.PDF 03-0423 Zoning Map.PDF 03-0423 Aerial Map.pdf 03-0423, 03-0423a & 03-0423b School Brd Recomm.PDF 03-0423 PAB Reso.PDF 03-0423 MUSP Application.PDF 03-0423 Variance Fact Sheet.PDF 03-0423 Variance Analysis.PDF 03-0423 Variance ZB Reso.PDF 03-0423 Variance Appl & Supp Docs.PDF 03-0423 Plans.PDF 03-0423 Legislation.PDF 03-0423 Exhibit A.PDF 03-0423 Exhibit B.PDF 03-0423 Exhibit C.PDF 03-0423 submittal.pdf REQUEST: Major Use Special Permit for The Blue on Coral Way Project LOCATION: Approximately 3170 SW 22nd Street and 3163, 3165 and 3175 SW 22nd Terrace APPLICANT(S): Blue on Coral Way, 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 January 21, 2004 by a vote of 6-2. ZONING BOARD: Recommended approval with conditions* of variances to City Commission on December 15, 2003 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0193 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is the Major Use Special Permit. For the record, this is a 20-story mixed use building, 190 total multifamily residential units, with 4,135 square feet of retail space, 4,100 square feet of open recreational space with recreational amenities, and 331 parking spaces. The project includes the residential liner on 22nd Terrace, the town house units as a buffer. It's been recommended for approval by the Planning and Zoning Department and by the Planning Advisory Board, with conditions in the development order. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of the Blue on Coral Way, LLC. With me here today is our architect, Armando Rizo. We accept all conditions that staff has placed on this particular application. Chairman Teele: All right. That's good. Public hearing. Any person desiring to be heard? There are no persons coming forward. Gentlemen, what is your -- Commissioner Regalado: Motion to approve. Chairman Winton: Second. Commissioner Regalado: One question, Adrienne. What is the future of that restaurant, old restaurant next to -- between the Subway and the area that you have, the Peruvian Restaurant, is that part of the property? No. Ms. Pardo: No. Commissioner Regalado: That's just -- so your property starts after that, up to -- Ms. Pardo: West of it. Right up to Midtown Lofts, which was approved a couple of months ago. Commissioner Regalado: No, I understand that. Ms. Pardo: OK. Commissioner Regalado: But I just wanted to picture the area. OK. I move to approve. Chairman Teele: Is there a second? Chairman Winton: I already seconded. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. Ms. Pardo: Thank you very much. PZ.6 04-00196 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE EVERGLADES ON THE BAY PROJECT, TO BE LOCATED AT APPROXIMATELY 244 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE COMPRISED OF TWO RESIDENTIAL TOWERS, WHICH CONSISTS OF 870 TOTAL MULTI- FAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, 65,549 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 1,146 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00196 Fact Sheet.PDF 04-00196 Analysis.PDF 04-00196 Zoning Map.PDF 04-00196 Aerial Map.pdf 04-00196 PAB Reso.PDF 04-00196 Application & Supp Docs.PDF 04-00196 Plans.PDF 04-00196 Legislation.PDF 04-00196 Exhibit A.PDF 04-00196 Exhibit B.PDF 04-00196 Exhibit C.PDF REQUEST: Major Use Special Permit for the Everglades on the Bay Project LOCATION: Approximately 244 Biscayne Boulevard APPLICANT(S): Cabi Downtown, LLC & John Moxley, Trustee APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 18, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0194 City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 for the Everglades on the Bay Project, located at 244 Biscayne Boulevard. The project will be comprised of two residential towers, with 870 multifamily residential units, recreational amenities and 65,549 square feet of retail space, and approximately 1,146 parking spaces. The project has been recommended for approval by the Planning Advisory Board; approval by the Planning and Zoning Department, with the conditions in the development order. In addition, the Planning Advisory Board had passed a separate resolution. This property is not in an archeological conservation zone. During the demolition of the Everglades Hotel, they had expressed that maybe some archeological monitoring should take place. We've -- the Planning and Zoning Department did not add that as a condition because it is not in the archeological conservation zone, so we did not add it in our recommended conditions, but I'm putting it on the record because they passed a resolution. We would recommend approval. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at the Wachovia Center, 25th Floor. I'm here before you today on the Everglades on the Bay. It is a Major Use Special Permit at 244 Biscayne Boulevard. This is a very exciting project because it is an anchor in downtown Miami, and we're very excited that it's -- Chairman Teele: All right. Control your excitement. Are there any people here in opposition to this project? Are there any people here in opposition? That was a wonderful, excited proposal. Public hearing's closed. Commissioner Winton. Commissioner Winton: Move -- accepted -- move staffs recommendation for acceptance? How many units did you say? Ms. Garcia -Toledo: This will be 870 units in two towers. Commissioner Winton: Two towers? Ms. Garcia -Toledo: Yes, sir. Chairman Teele: Condominium? Ms. Garcia -Toledo: Condominium. The permitted density for this site is 2,804 units. Commissioner Winton: Well, there's market reality and density reality. OK. Move. Chairman Teele: Is there a second? Commissioner Winton: Tomas. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those -- before we do this, Commissioner Winton, have they -- is this project a part of the efforts to maximize employment in the -- with -- Commissioner Winton: Yes. They have been at the table with us on hiring City ofMiami residents. Ms. Slazyk: Residents. Ms. Garcia -Toledo: Residents. City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Vicky's been very helpful in that effort with --frankly, with all of her developers, so they have been at the table, so we're anticipating they're going to be a major participant with us when they get the project off the ground. Chairman Teele: What's the time line on this? Ms. Garcia -Toledo: As soon as we can get a building permit issued by your department, sir. Commissioner Winton: Six to nine months. Ms. Garcia -Toledo: We're ready to go. Chairman Teele: All opposed have the same right. The item is unanimously adopted. Congratulations. Commissioner Winton: My mike has been off the whole time. Ms. Garcia -Toledo: Thank you. Chairman Teele: It's unanimously adopted. Thank you. Commissioner Winton: So, let's put that back on the record. You asked me a specific question. I want it on the record. You asked me if they're part of the -- this effort that we've undertaken to get major developers to hire City ofMiami residents to work on their projects, and the answer is this development group is on board with this plan to hire City ofMiami residents in their whole - - the whole phase of construction, and we'll obviously end up with City ofMiami residents once the project's finished, as well. Ms. Garcia -Toledo: We also have 65,000 square feet of commercial space on the ground floor. This is the first project downtown to have that much commercial space, and that will also create jobs in those retail businesses and restaurants for area residents. Commissioner Winton: Starting construction, as far as I'm concerned, sooner is better than later Ms. Garcia -Toledo: Yes, sir, we agree. Thank you. Commissioner Winton: Thank you. Chairman Teele: Congratulations. PZ.7 04-00206 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN EASEMENT LOCATED NORTH OF SOUTHWEST 26TH TERRACE, WESTERLY AND PARALLEL TO SOUTHWEST 37TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" (HEREBY ATTACHED). City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 04-00206 Fact Sheet.PDF 04-00206 Public Works Analysis.PDF 04-00206 Zoning Map.PDF 04-00206 Aerial Map.pdf 04-00206 ZB Reso.PDF 04-00206 Application & Supp Docs.PDF 04-00206 Legislation.PDF 04-00206 Exhibit A.PDF REQUEST: Official Vacation and Closure of an Easement LOCATION: Approximately An Easement Located North of SW 26th Terrace, Westerly and Parallel to SW 37th Avenue APPLICANT(S): Panerai Developers, LLC APPLICANT(S) AGENT: Sean Grimberg, Manager FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended approval to City Commission on February 23, 2004 by a vote of 8-1. PURPOSE: This will allow a unified development site. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0195 Chairman Teele: Next item, Number 7. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 is an official vacation closure of an easement located at north -- located north of Southwest 26th Terrace westerly and parallel to Southwest 37th Avenue. It has been recommended for approval by the Plat And Street Committee, 5/0 in favor. It is just -- it's an easement. It's not an actual right-of-way, alley or street, so we have recommended approval. Clara Fernandez: Clara Fernandez, 116--1865 Southwest 26th Street, Miami, Florida. Chairman Teele: All right. Are there any people here in opposition to the closure? If not, the public hearing is closed. Your recommendation is to do it? Commissioner Winton: So moved. Ms. Slazyk: It's an easement. Plat and Street said yes. City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: 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. The item is unanimously adopted. Congratulations. Ms. Fernandez: Thank you. PZ.8 04-00121 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL OF AXEL M.H. ULLRICH ("APPELLANT") AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, ("HEPB") WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF THE PROPERTY LOCATED AT 1010 NORTHWEST 9TH COURT, AND THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE, WITHIN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA. 04-00121 Fact Sheet.PDF 04-00121 Appeal Letter.PDF 04-00121 HEPB Reso.PDF 04-00121 Submission for City Commission.PDF 04-00121 Submission for 01-20-04 HEPB.PDF 04-00121 Submission for 09-16-03 HEPB.PDF 04-00121 Legislation A.PDF 04-00121 Legislation B.PDF 04-00121 photo submittal.pdf REQUEST: Appeal of a Historic and Environmental Preservation Board Decision of a Certificate of Appropriateness LOCATION: Approximately 1010 NW 9th Court APPLICANT(S): Axel M.H. Ullrich, Owner APPELLANT(S): Axel M.H. Ullrich, Owner FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the decision of the Historic and Environmental Preservation Board. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Denied the certificate of appropriateness on January 20, 2004 by a vote of 9-0. PURPOSE: The approval of this appeal will result in the issuance of a City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Certificate of Appropriateness of a new single family residence within the Spring Garden Historic District. REMAND BACK TO HISTORIC & ENVIRONMENTAL PRESERVATION BOARD A motion was made by Chairman Teele, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to REMAND item PZ. 8 BACK TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION (HEP) BOARD. Chairman Teele: Next item. Sarah Eaton: PZ.8 -- Sarah Eaton, Preservation Officer. PZ.8 is an appeal of a decision of the Historic and Environmental Preservation Board, which unanimously denied a Certificate of Appropriateness for the demolition of a property in the Spring Garden Historic District in the construction of new single-family residents. Would you like to hear the staff report first or from the appellants? Chairman Teele: Staff report. Ms. Eaton: All right. Spring Garden was designated as a historic disfrict by the Historic and Environmental Preservation Board in 1997, at the request of the neighborhood association. The property before you today was built in 1923, and has always been identified -- Chairman Teele: 19 what? Ms. Eaton: 1923, and has always been identified as a contributing structure within the historic disfrict. I have a historic photograph of the property and -- Commissioner Winton: I can't see it. Ms. Eaton: -- individual ones we're handing out, as well. Chairman Teele: Let me pause for a minute. Counsel, give us your name and address for the record. Ines Marrero: For the record, good afternoon, Mr. Chairman, members of the board. Ines Marrero, attorney with offices at 1 Southeast 3rdAvenue, here on behalf ofMr. Axel Ulrich, the property owner and the appellant. Chairman Teele: Are you all proposing to present anything that was not presented to the board below? Ms. Marrero: Yes. Chairman Teele: All right. Motion to remand to the board below is appropriate. Commissioner Winton: Do you want -- Chairman Teele: See, this is going to wind up being de novo hearing -- Commissioner Winton: Do you want me to chair? Chairman Teele: -- on a new matter -- Commissioner Winton: Do you want me to chair? City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Yeah, I'll -- Commissioner Winton: You want to make a motion? Chairman Teele: Yes. Commissioner Winton: OK. Chairman Teele: I'll yield. Commissioner Winton: I'm chairing. You're recognized, Mr. Chairman. Chairman Teele: Yes. Mr. Chairman, members of the Commission, I think it's very important that we establish a precedent. This is probably the third -- second or third case that we have heard. Unidentified Speaker: Today? Chairman Teele: On the HEP (Historical and Environmental Preservation) Board. Commissioner Winton: I think it's third. Ms. Eaton: This is the actual -- the first demolition appeal. We've had appeals on designations. Chairman Teele: How many appeals did we have from the board. Ms. Eaton: Only one was actually heard by the Commission on designation. This is the first on demolition. Chairman Teele: And I think it's very important that we establish the right procedures and tone in how we do this. If there is information that has been heard -- that has not been heard below, new information, then I think we do that board a disservice by hearing it de novo here, and I think it's very important, as we go through this, that we take our time and fry to get this right, and so I'm moving that this matter be remanded to the board for the new information that is being presented, and then we will take it up if there is an appeal at that time. I would so move. Commissioner Regalado: Second. Commissioner Winton: Have a motion and a second. Any further discussion? Chairman Teele: I would also note that this is in the district that I'm pleased to represent, as well. Commissioner Winton: No further discussion. All in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign opposed. The motion carries. PZ.9 04-00080 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 PROPERTIES City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 LOCATED AT APPROXIMATELY 400 AND 420 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00080 SR Fact Sheet.PDF 04-00080 Analysis.PDF 04-00080 Land Use Map.PDF 04-00080 & 04-00080a Aerial Map.pdf 04-00080 PAB Reso.PDF 04-00080 Application & Supp Docs.PDF 04-00080 SR Legislation.PDF 04-00080 FR Fact Sheet.PDF 04-00080 FR Legislation.PDF REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 400 and 420 SW 7th Street APPLICANT(S): 420 Property, Inc & 414 Property, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire 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 04-00080a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez 12512 (See PZ.10 for minutes) PZ.10 04-00080a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 400 AND 420 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00080a SR Fact Sheet.PDF 04-00080a Analysis.PDF 04-00080a Zoning Map.PDF 04-00080 & 04-00080a Aerial Map.pdf 04-00080a ZB Reso.PDF 04-00080a Application & Supp Docs.PDF 04-00080a Legislation.PDF 04-00080a Exhibit A.PDF 04-00080a FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium - Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 400 and 420 SW 7th Street APPLICANT(S): 420 Property, Inc & 414 Property, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on January 26, 2004 by a vote of 8-0. See companion File ID 04-00080. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez 12513 (The minutes of items PZ.9 and PZ.10 are included below.) Chairman Teele: All right. Next item. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 and 10 are companion land use and zoning change. The property address is 400 and 420 Southwest 7th Street from medium density multifamily residential to restricted commercial, with the companion zoning item to be a City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 C-1 restricted commercial district. The Planning and Zoning Department is recommending approval. It's been recommended for approval by the Planning Advisory Board and the Zoning Board and passed, first reading, by the City Commission February 26th. Chairman Teele: This is a public -- I'm sorry. Ben Fernandez: For the record, Ben Fernandez, law offices at 200 South Biscayne Boulevard, on behalf of 420, 421 property, LLC. We agree with staffs recommendation, second reading. We ask that you move for approval. Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Commissioner Regalado: I move the ordinance. Chairman Teele: Move staff recommendation to the ordinance? Commissioner Regalado: Yes, sir. Commissioner Winton: Second. Brief discussion. We have another item on Southwest 7th Street, I think, later on in the agenda -- Ms. Slazyk: Yes. Commissioner Winton: -- which is the same issue, Art, and I think I raised this one or talk about our whole Zoning Code. Ms. Slazyk: Yes. Commissioner Winton: We are going to be looking at -- Ms. Slazyk: Absolutely. Seventh is one of those transitional districts. We've got lots of these commercial corridors throughout the City that need to be uniformly addressed. Commissioner Winton: Thank you. Ms. Slazyk: Yes. Commissioner Winton: Thank you. OK. I second it. Chairman Teele: Mr. Attorney, read the title. The Ordinance was read by title into the public record by the Assistant 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 adopted on second reading, 3/0. Mr. Fernandez: Thank you very much. Ms. Slazyk: 10 is the companion. Commissioner Winton: So moved, if you want me to. City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Counsel. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Teele: Is there a motion? Commissioner Winton: Motion. So moved. Commissioner Regalado: Second. Chairman Teele: Second. This is a public hearing. Any person desiring to be heard should come forward. No persons are coming forward. The public hearing is closed. Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Mr. Fernandez: Thank you. Ms. Slazyk: PZ.11 -- Ms. Thompson: I'm sorry. That was 3/0. PZ.11 04-00081 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 18, 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 C-2 LIBERAL COMMERCIAL TO C-2 LIBERAL COMMERCIAL WITH AN SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT, 2.10 F.A.R. FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3574, 3650, 3660, 3670, 3680 AND 3690 NORTHWEST 36TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00081 SR Fact Sheet.PDF 04-00081 Analysis.PDF 04-00081 Zoning Map.PDF 04-00081 Aerial Map.pdf 04-00081 ZB Reso.PDF 04-00080a Application & Supp Docs.PDF 04-00081 Legislation.PDF 04-00081 Exhbit A.PDF 04-00081 FR Fact Sheet.PDF City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial to C-2 Liberal Commercial with an SD-19 Designated F.A.R. Overlay District, 2.10 F.A.R. to Change the Zoning Atlas LOCATION: Approximately 3574, 3650, 3660, 3670, 3680 and 3690 NW 36 th Street APPLICANT(S): Adrian Industiral Properties, Ltd APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on January 26, 2004 by a vote of 8-0. PURPOSE: This will add the SD-19 Designated F.A.R. Overlay District, 2.10 F.A.R. to the properties listed above. Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez 12514 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 11, a second reading, zoning change for C-2, with an SD-19 designated FAR (Floor Area Ratio) overlay district of 2.10 FAR. It was recommended for approval by the Planning and Zoning Department and approval by the Zoning Board; passed by the City Commission, first reading, February 26th. Commissioner Winton: Move it. Commissioner Regalado: You need to notify Commissioner Gonzalez' district. Chairman Teele: All right. Chairman Teele: PZ.11. Ms. Slazyk: PZ.11 is the second reading zoning change to add the SD-19 designated FAR (Floor Area Ratio) overlay district to .10 FAR for the property located at 3574, 3650, 3660, 3670, 3680 and 3690 Northwest 36th Street. It's been recommended for approval and passed by the Commission, first reading, February 26th. Commissioner Winton: What does this do for them? Ms. Slazyk: It does an FAR -- SD-19 is a district you can up or down FARs on particular pieces of property. This is a request to increase the FAR. I believe -- I think it was described at first reading. Commissioner Winton: Yeah. I missed it. Gil Pastoriza: Yes. Gil Pastoriza. City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Ms. Slazyk: This would allow for more FAR, not more units per acre, or anything like that, just more FAR. Commissioner Winton: OK. Well, it looks like an area that could use it. Commissioner Gonzalez: It's a public hearing? Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Mr. Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. I'm in support of staffs recommendations. Chairman Teele: Are there any other persons here in opposition? If not, the public hearing is closed. Commissioner Gonzalez: I move PZ.11 -- Commissioner Winton: Second. Commissioner Gonzalez: -- Mr. Chairman. The Ordinance was read by title into the public record by the Assistant 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 adopted on second reading, 4/0. Mr. Pastoriza: Thank you. PZ.12 04-00109 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 10 IN ORDER TO AMEND SECTIONS 627 AND 10.6 TO ADD SIGN REGULATIONS FOR THE SD-27.2 BUENA VISTA YARD WEST SPECIAL DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00109 SR Fact Sheet.PDF 04-00109 PAB Reso.PDF 04-00109 SR Legislation.PDF 04-00109 FR Fact Sheet.PDF 04-00109 FR Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 4, 2004 by a vote of 6-0. PURPOSE: This will add sign regulations for the SD-27.2 Buena Vista Yard West Special District. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez 12509 Chairman Teele: What's the next item after this? Lourdes Slazyk (Assistant Director, Planning & Zoning): Next item is a second reading. PZ.12 is a second reading amendment to the Zoning Ordinance, in order to adopt the sign regulations for the new SD-27.2, Buena Vista Yard West Special District. This has also been recommended for approval by the Planning Advisory Board and passed by the City Commission, first reading, February 26th. Chairman Teele: Mr. Attorney, read the title. The Ordinance was read by title into the public record by the Assistant City Attorney. Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: It's a public Hearing. Any person desiring to be heard should come forward. No persons are coming forward. We have a motion and a second. Did you want to -- did you have an objection, counsel? Spencer Crowley: No. Spencer Crowley, Gunster Yoakley, offices at 2 South Biscayne Boulevard. I'm here with Dan Herman from Developers Diversified Realty and we're in favor of the amendment. Chairman Teele: 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 adopted on second reading, 3/0. Chairman Teele: Next item. Mr. Crowley: Thank you. PZ.13 03-0295 ORDINANCE First Reading City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 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 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 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and passed unanimously, with Vice Chairman Sanchez absent, to CONTINUE item PZ.13 to the Commission meeting currently scheduled for April 22, 2004. (See PZ.14 for minutes) PZ.14 03-0295a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 46 OF THE ZONING ATLAS OF City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 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 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 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and passed unanimously, with Vice Chairman Sanchez absent, to CONTINUE item PZ.14 to the Commission meeting currently scheduled for April 22, 2004. (The minutes of items PZ.13 and PZ. 14 are included below.) Gloria Velasquez: Good afternoon. My name is Gloria Velasquez, with law offices at 1221 Brickell Avenue. I'm here on Item PZ.14. Last Commission meeting, I requested a 30-day continuance. I should have listened to the Commissioner of the district, who had mentioned 60 days, that we would not have enough time to do our homework in 30 days, and we didn't. we City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 have one more community meeting left, which is April 6th, and hopefully, then we could be heard in the next Commission meeting, so I'm asking for a continuance. Commissioner Winton: To the next PZ (Planning & Zoning) meeting. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. PZ meeting, April 22nd. Commissioner Regalado: April 8th, you have -- Commissioner Winton: No, but to April -- no. To the next PZ meeting. Ms. Velasquez: Yes. Commissioner Winton: Yeah. What's the date of that? Commissioner Regalado: 22nd. Ms. Slazyk: April 22nd. Commissioner Winton: OK. So moved. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Teele: Moved and second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? That's PZ.14? Ms. Velasquez: Yes. Thank you. Commissioner Regalado: And 13? Priscilla A. Thompson (City Clerk): And 13. Commissioner Regalado: PZ.13 and 14? Ms. Velasquez: Yes. Chairman Teele: Is it 13 and 14, or 14? Ms. Velasquez: It's 13 and 14. Chairman Teele: Was that the motion? Ms. Velasquez: No. Commissioner Winton: Yes, it was. That was the motion. Ms. Velasquez: OK. Commissioner Winton: Didn't you hear me say 13 and 14? Yes. The motion was for 13 and 14, sir. City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Gonzalez: Second, as amended. Chairman Teele: As amended. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Ms. Velasquez: Thank you. Chairman Teele: That's PZ.13 and 14. PZ.15 04-00182 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 719 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00182 SR Fact Sheet.pdf 04-00182 Analysis.PDF 04-00182 Land Use Map.PDF 04-00182 & 04-00182a Aerial Map.pdf 04-00182 PAB Reso.PDF 04-00182 Application & Supp Docs.PDF 04-00182 SR Legislation.pdf 04-00182 FR Fact Sheet.pdf 04-00182 FR Legislation.PDF 04-00182-Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 719 NW 13th Avenue APPLICANT(S): Alonso & Alonso Enterprises, Inc APPLICANT(S) AGENT: Chad Williard, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 04-00182a. PURPOSE: This will allow a commercial development site. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Vice Chairman Sanchez absent, to CONTINUE item PZ.15 to the Commission meeting currently scheduled for April 22, 2004. (See PZ.16 for minutes) PZ.16 04-00182a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE REQUESTED AMENDMENT TO 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 R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 719 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00182a SR Fact Sheet.pdf 04-00182a Analysis.PDF 04-00182a Zoning Map.PDF 04-00182 & 04-00182a Aerial Map.pdf 04-00182a School Brd Recomm.PDF 04-00182a ZB Reso.PDF 04-00182a Applcation & Supp Docs.PDF 04-00182a Legislation A.PDF 04-00182a Exhibit A.PDF 04-00182a Legislation B.PDF 04-00182a Exhibit A.PDF 04-00182a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High - Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 719 NW 13th Avenue APPLICANT(S): Alonso & Alonso Enterprises, Inc APPLICANT(S) AGENT: Chad Williard, Esquire City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on February 23, 2004 by a vote of 5-4. See companion File ID 04-00182. PURPOSE: This will allow a commercial development site. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Vice Chairman Sanchez absent, to CONTINUE item PZ.16 to the Commission meeting currently scheduled for April 22, 2004. (The minutes of items PZ.15 and PZ.16 are included below.) Chairman Teele: Ladies and gentlemen, thank you for being here. The time is 3:15. We have a number of issues before us. Let us attempt to set the PZ (Planning & Zoning) items -- the first items that we're going to take up of substance will be the items related to Community Development. Hold on one minute -- but are there any persons here that would like to defer or withdraw any of the PZ items? Commissioner Regalado: Remember, Sanchez wanted to -- Chairman Teele: All right. Commissioner Sanchez -- Madam Attorney and Madam Clerk, didn't we defer an item this morning from being deferred? Priscilla A. Thompson (City Clerk): There was a discussion from Commissioner -- Chairman Teele: No, ma'am. No ma'am. Mr. Attorney. PZ.15. PZ.15 was the discussion this morning -- Alejandro Vilarello (City Attorney): Oh, yes. Chairman Teele: -- that that item should be deferred. Lourdes Slazyk (Assistant Director, Planning & Zoning): Be deferred. Chairman Teele: Is there anyone here today on PZ.15? If so, would you please approach the podium? Chad Williard: Thank you, Mr. Chair. For the record, my name is Chad Williard. I'm the attorney for Alonzo & Alonzo Enterprises, the applicants on Items 15 -- PZ.15 and 16, I believe. Chairman Teele: Do you have an objection to the item being deferred today at the request of Commissioner Sanchez, who's not able to attend? Mr. Williard: No, no objection to that at all. Chairman Teele: All right. Mr. Williard: To the next meeting? Chairman Teele: To the next meeting or the next PZ meeting. Mr. Williard: PZ, which is what? April -- City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: What's the date of the next PZ meeting? Ms. Thompson: April 22nd. Ms. Slazyk: April 22nd. Chairman Teele: April 22nd. Mr. Williard: That would be acceptable to us. Chairman Teele: Is there a motion? Commissioner Winton: So moved. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: This is Items PZ.15 and PZ.16, deferring to April 2nd, without further notice. Commissioner Regalado: April 22nd. Chairman Teele: April 22nd. Are there any objections? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. PZ.15 and 16 is deferred. Are there any other motions -- Mr. Williard: Thank you. Chairman Teele: -- for deferral? Commissioner Winton: Yes. PZ.17 04-00183 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 5100 NORTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 04-00183 SR Fact Sheet.pdf 04-00183 Analysis.PDF 04-00183 Land Use Map.PDF 04-00183 & 04-00183a Aerial Map.pdf 04-00183 PAB Reso.PDF 04-00183 Application & Supp Docs.PDF 04-00183 SR Legislation.PDF 04-00183 FR Fact Sheet.PDF 04-00183 FR Legislation.PDF REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 5100 NW 7th Street APPLICANT(S): Cedars Oil Blue Lagoon, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID 04-00183a. PURPOSE: This will allow a unified commercial development 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, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): Next item is PZ.17. The items before this were all deferred already. PZ.17 and 18 are first reading for land use and zoning change. The property is located at approximately 5100 Northwest 7th Street. The property currently consists -- there's a gas station on the property. The request is to go from high density multifamily residential to restricted commercial. The Planning and Zoning Department had recommended denial because of the commercial intrusion it could represent into the neighborhood and other commercial uses that could occur on the property once it's changed. The Planning Advisory Board recommended approval and the Zoning Board also recommended approval. Commissioner Winton: But it's currently a gas station? Ms. Slazyk: Yes. There's a -- I'll let the applicant show you the presentation, but it is a nonconforming use at the moment. It would be able to remain that way for a little while. The applicant is seeking a zoning change so they could make some other improvements, and our concern is the commercial, the other thing C-1 allows that may be objectionable if this is passed. Ben Fernandez: Good afternoon again, members of the Commission. Ben Fernandez, 200 South City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Biscayne Boulevard, on behalf of the property owner. This application is really all about bringing an existing service station that has provided good service to the community for years into conformance with your Code. The property owners are interested in redeveloping the property in order to make it -- modernize it, essentially, provide more landscaping, provide a more attractive facade, but over the years, the Code has been amended and the existing service station is now nonconforming because the land use designation is residential and the Zoning Code district is also residential. What we're proposing is to redesignate the property to restricted commercial, both your Comprehensive Plan and your Zoning Code, and to proffer a covenant that would limit the use on the property to only a service station. We think that the action makes sense, if -- even without the service station, we think it makes sense because it's located here off of 7th Street and 51 stAvenue. If you look at this map, you can see that the only means of ingress and egress from this duplex residential area to the south of Northwest 7th Street is through 51 stAvenue or 53rd Avenue, and the reason for that is because you have a large cemetery, Mount Nebo Cemetery that spans all the way from Flagler to Northwest 7th Street, which prohibits any east/west movement of traffic, so the reason you have a service station there is because the owners, very astutely, put it there. That's where all the cars passed through. That's a very busy area. It's not appropriate for residential development, so for all those reasons, we'd ask that you approve this application. We also aren't aware of any neighborhood opposition at this time. Chairman Teele: All right. Thank you very much. Staff would you give us the summary of your recommendation again? Ms. Slazyk: The summary of the recommendation was the potential of all the other uses that could occur with a C-1, even though there's no particular objection to the service station. If the Commission were to accept the voluntarily proffered covenant on PZ.18, we would have no further objections. Mr. Fernandez: I would also -- Commissioner Gonzalez: And what is the covenant that they're proffering? Ms. Slazyk: For service station. Mr. Fernandez: We will -- we proffered a covenant initially to the Planning Advisory Board, limiting the use -- prohibiting certain uses that weren't compatible, we thought, but we'd be willing to amend that covenant to permit only a service station and ancillary uses to the service station before second reading of the ordinance, and I'd also like to add that the Planning Advisory Board unanimously recommended approval of the application and the Zoning Board also recommended approval of the applications. Commissioner Gonzalez: OK I move -- Chairman Teele: Are we clear that you're proffering the covenant? Mr. Fernandez: Yes. Chairman Teele: And it will be taken up on PZ.18, is that it? Ms. Slazyk: Correct. That's -- the zoning item is the appropriate place to accept the covenant. Chairman Teele: All right. PZ.17, Mr. Attorney. Commissioner Gonzalez: I'll move to -- City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: Second. The Ordinance was read by title into the public record by the Assistant 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.18 04-00183a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 31, 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-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 5100 NORTHWEST 7TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00183a SR Fact Sheet.pdf 04-00183a Analysis.PDF 04-00183a Zoning Map.PDF 04-00183 & 04-00183a Aerial Map.pdf 04-00183a School Brd Recomm.PDF 04-00183a ZB Reso.PDF 04-00183a Application & Supp Docs.PDF 04-00183a Legislation.PDF 04-00183a Exhibit A.pdf 04-00183a FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High - Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 5100 NW 7th Street APPLICANT(S): Cedars Oil Blue Lagoon, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on February 23, 2004 by a vote of 5-4. See companion File ID 04-00183. City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 PURPOSE: This will allow a unified commercial development 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, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): And PZ.18 is the companion zoning change to C-1 restricted commercial. Ben Fernandez: Once again, Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the property owner. I've passed around a copy of the Declaration of Resfrictions that the owner has already signed. It's notarized. The only change that we'll make between first and second reading on this application is that we will provide that only service station and ancillary uses to the service station will be permitted. Chairman Teele: All right. Mr. Attorney, is the proffer satisfactory to you? George Wysong (Assistant City Attorney): We will review it between first and second reading, but on first blush, it appears satisfactory. Chairman Teele: All right. Commissioner Gonzalez: I move P -- Chairman Teele: Did you read this item? Mr. Wysong: No. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I move to approve the zoning change. Commissioner Regalado: Second. Chairman Teele: I did indicate that if anyone wanted to come forward on this item, this is a good time to do it. There are no persons coming forward, so we have a motion and a second. 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, 4/0. Commissioner Winton: Should we -- Chairman Teele: Could we go back and get the other -- Ms. Slazyk: PZ.11, yeah. Chairman Teele: Did you have anything else? City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Fernandez: That's all. Thank you very much. PZ.19 04-00184 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 550-570 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00184 SR Fact Sheet.pdf 04-00184 Analysis.PDF 04-00184 Land Use Map.PDF 04-00184 & 04-00184a Aerial Map.pdf 04-00184 PAB Reso.PDF 04-00184 Application & Supp Docs.PDF 04-00184 SR Legislation.PDF 04-00184 FR Fact Sheet.PDF 04-00184 FR Legislation.PDF REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 550-570 SW 7th Street APPLICANT(S): Goche Corp APPLICANT(S) AGENT: Amparo Angel, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID 04-00184a. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.19 and 20 are land use and zoning change for the properties at 550 to 570 Southwest 7th Street. The land use change is a medium City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 density multifamily residential to resfricted commercial. The zoning change is the medium density residential to the C-1 resfricted commercial, with the SD-25 overlay. The Planning and Zoning Department has recommended approval. The -- one of the primary reasons is that the zoning change includes that SD-25 overlay. That is the overlay that we recently instituted for 8 th Sfreet. This requires that, at a minimum, a Class II Special Permit and Design Review would be done for whatever happened here. This way our -- you know, the intent we've been talking about on 7th Sfreet to create a real buffer would be ensured through the Class II process, so -- Commissioner Winton: Great. Ms. Slazyk: -- we've recommended approval and it's been recommended approval by the boards. Commissioner Winton: Opposition? Elena Maslova: Good evening, ladies and gentlemen. My name is Elena Maslova. I'm registered lobbyist in City ofMiami. Basically, what we want to get rezoning and hopefully we can encourage developers build something better, because this neighborhood not the best neighborhood over the Miami. It's close to Calle Ocho, so -- but our neighborhood comprehensive plan and development and this nice property and neighbor's property were granted already for rezoning and the change of land use, so we hope and get the same encourage by the development in this area, which -- Commissioner Winton: So that means you're in favor of this? Ms. Maslova: Sir, what? Commissioner Winton: You're in favor of this? Ms. Maslova: I'm in favor of Goche Corporation. Commissioner Winton: I'm sorry? Ms. Maslova: In Goche Corporation, owner of this property. Commissioner Winton: OK, so you're -- OK Ms. Slazyk: Yeah. George Wysong (Assistant City Attorney): Public hearing. Commissioner Winton: Public hearing. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Yes, ma'am. Commissioner Winton: You've heard from her. Chairman Teele: We've heard from you already? Commissioner Winton: Yep. Ms. Maslova: Yes. Commissioner Winton: We've heard from her and she's in favor, so apparently -- City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Are there any persons coming forward in opposition? If not, the public hearing -- Ms. Maslova: I see the City ofMiami here, except me. Commissioner Winton: Move it. Chairman Teele: Public hearing is closed. Commissioner Gonzalez: Second. The Ordinance was read by title into the public record by the Assistant City Attorney. Ms. Maslova: Thank you very much. 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, 4/0. PZ.20 04-00184a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL WITH AN SD-25 SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550-570 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00184a SR Fact Sheet.pdf 04-00184a Analysis.PDF 04-00184a Zoning Map.PDF 04-00184 & 04-00184a Aerial Map.pdf 04-00184a School Brd Recomm.PDF 04-00184a ZB Reso.PDF 04-00184a Application & Supp Docs.PDF 04-00184a Legislation.PDF 04-00184a Exhibit A.PDF 04-00184a FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium - Density Residential with an SD-12 Buffer Overlay District to C-1 Restricted City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commercial with an SD-25 Overlay to Change the Zoning Atlas LOCATION: Approximately 550-570 SW 7th Street APPLICANT(S): Goche Corp APPLICANT(S) AGENT: Amparo Angel, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 23, 2004 by a vote of 5-4. See companion File ID 04-00184. PURPOSE: This will allow a unified commercial development 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, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 20 is the companion zoning change . It's also been recommended for approval by the Zoning Board. Chairman Teele: Public hearing. Commissioner Winton: Public hearing. Anyone from the public would like to speak on this item? If not, we'll close the public hearing. Commissioner Gonzalez: Move PZ.20. Commissioner Regalado: Second. Commissioner Winton: Got a motion and a second. Read it, please. The Ordinance was read by title into the public record by the Assistant 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, 4/0. PZ.21 04-00179 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, IN ORDER TO ALLOW ACCEPTANCE OF A COVENANT IN LIEU OF UNITY OF TITLE FOR RESIDENTIAL PROPERTIES, WHICH ARE ZONED R-3 MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 04-00179 SR Fact Sheet.pdf 04-00179 PAB Reso.PDF 04-00179 Legislation.PDF 04-00179 FR Fact Sheet.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 February 4, 2004 by a vote of 6-0. PURPOSE: This will allow the acceptance of covenants in lieu of unity of title for R-3 Multi -Family Medium Density Residential properties. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.21 is a first reading ordinance to amend section -- Commissioner Regalado: Did we do PZ.19? Commissioner Winton: 19 and 20 were the same. We did -- Ms. Slazyk: Yes. Priscilla A. Thompson (City Clerk): Yes. Yes, we did -- Commissioner Gonzalez: We already did that. Chairman Teele: 19 and 20, did we do them? Ms. Slazyk: Yeah, 19 and 20 -- Commissioner Winton: Yeah, we just did them. Ms. Slazyk: -- were the companion items. Commissioner Winton: That's the two we just did. Commissioner Regalado: Oh, I thought we did 20 only. Commissioner Winton: No. We did 19 before. Ms. Slazyk: 19. City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: Oh, OK. Ms. Slazyk: 21 is a first reading ordinance in order to amend section 910 of the Zoning Ordinance. This is the section where we define and the conditions under which we accept Unity of Title and Covenant in Lieu of Unity of Title agreements. Right now it prohibits these from R-1 , 2 and R-3 neighborhoods. We allow Covenants in Unity of Title -- Covenants in Lieu of Unities of Title for R-4 and higher. This is to amend it to add R-3 to the districts in which we would allow this. The multifamily residential districts are different than the R-1 and 2 because sometimes there's multiple buildings within the same property, and they could be under different ownerships and condominium forms of ownership. This would allow a lot more flexibility for doing more things on the R-3 properties, so we would recommend approval. Commissioner Regalado: Move it. Commissioner Winton: Second. Commissioner Gonzalez: Second. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Teele: All right. Public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.22 04-00197 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4, 5, 6 AND 21 , IN ORDER TO MODIFY LANGUAGE PERTAINING TO PLANNED UNIT DEVELOPMENT BONUSES AND TO MODIFY OTHER BONUS PROVISIONS, INCLUDING NEW REQUIREMENTS FOR CONSIDERATION OF CERTAIN BONUSES IN THE SD-5 AND SD-7 ZONING DISTRICTS, AND WITHIN THOSE PORTIONS OF THE R-3 AND R-4 ZONING DISTRICTS LOCATED ALONG BRICKELL AVENUE BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST 26TH ROAD, AND BY FURTHER MODIFYING ARTICLE 21, SECTION 2105, IN ORDER TO PROVIDE A SPECIFIED TIME FRAME FOR AMENDMENTS TO ZONING ORDINANCE NO. 11000 AFFECTING MAJOR USE SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00197 SR Fact Sheet.pdf 04-00197 PAB Reso.PDF 04-00197 Legislation.PDF 04-00197 FR Fact Sheet.PDF City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 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 February 18, 2004 by a vote of 7-0. PURPOSE: This will modify bonuses in the Brickell area. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Direction to the City Manager by Chairman Teele to instruct the Fire Department to provide a report to be made part of the record addressing the adequacy of fire protection services in the Brickell Area before this item comes back to the Commission on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.22 is an amendment to Articles 4, 5 , 6 and 21. This is our Brickell bonus ordinance amendment. If you recall, we presented to the City Commission last year a Brickell Bonus Study that made recommendations regarding the bonuses that are available in the Brickell area. This ordinance actually implements those recommendations. There are several bonuses that were either obsolete, or didn't seem practical, or were put in place in a time when we wanted to encourage residential development in the Brickell area. Those are -- some of those are being eliminated or reduced. There are other bonuses that are being modified regarding criteria. For example, to get a PUD (Planned Unit Development) bonus, the way it reads right now, all you really have to do is provide amenities. That means, if a project comes in and does a swimming pool, they qualify. We're changing that to require public amenities. They have to do something in their project where it gives back an open space, or a plaza or something else that merits the bonus. Same thing with the Affordable Housing Trust Fund Bonus. Commissioner Winton: Well, how -- wait. Let me ask you a question about that. How -- who determines whether or not the amount of public amenity is satisfactory, commensurate with the size of the project? Ms. Slazyk: In the end, it would be the City Commission because they still require a Major Use Special Permit, but through the review process, the staff would make recommendations to you as to whether the amenities and how they're being proposed and are situated within the properties are appropriate, but it does come to you. It's a Major Use Special Permit. Commissioner Winton: But it seems to me that, particularly, in this zone -- and I'm going to have something else to say about this shortly -- that we may want to -- it may be to the benefit of the public, of us and the developers if we tie some specific guidelines to that and quantify it because my view is, particularly in Brickell, now that it's really exploded, and we have very -- with none of these bonuses, we still have significant density. With the bonuses, as far as many people are concerned, that density is getting out of control, so -- however, I would suspect that in that area now -- and I think public amenities are something that we're really concerned that we're going to lack in that district, so I think an appropriate trade-off is if you had a significant development and they were getting this thing, that a significant public amenity that we predefine City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 would be valuable to us, because the development community would understand right off the bat what they're going to get, what they're going to have to give us in return for getting that additional bonus. Ms. Slazyk: Yeah. When we were preparing the study and making the recommendations on that, we talked about that, too, and it's very hard once you start beginning to list what you consider to be a public amenity to inadvertently exclude other things that could be great amenities, like additional frees or something -- even improving a park nearby, because maybe there's nothing they could do on their own property, and the problem when you start beginning to list things, you could inadvertently forget something that could be a great public amenity. Commissioner Winton: Well, what I'm concerned about, however, is that we'll give this away with not the right return. Ms. Slazyk: Yeah, and I -- Commissioner Winton: That's my point. Ms. Slazyk: I understand. What I would ask is that you would approve this on first reading and let us come back at second reading with something because we really -- we have a letter of support from the Brickell Homeowners' Association, who has been, you know -- Commissioner Winton: No. I agree with you. That's a good idea. Ms. Slazyk: Yeah. I don't want to hold this up anymore, but let us come back and see if we can put some quantifications in there. Commissioner Winton: OK, and I interrupted you. You were on another -- you were headed to the next -- Ms. Slazyk: Oh, the next one was the Affordable Housing Trust Fund Bonus. This one, we also put new criteria in there. The whole intent of additional FAR (Floor Area Ratio) is to create bigger units, not bigger units, and a lot of these -- you know, we all know that you can't -- you almost can't get to the 500 units per acre in the Brickell area without bonuses, so what developers really do is use these bonuses to squeeze more small units into their projects, where the idea is to get a range of variety of unit types, so we've put minimum unit sizes in for that bonus, and a lot of the other ones, like I said, are just being proposed for elimination. Commissioner Winton: OK. Ms. Slazyk: And that's it. We would recommend approval. It was recommended approval by the Planning Advisory Board unanimously, and we have letters of support in the files from Brickell Homeowners' Association. Chairman Teele: Read the title. The Ordinance was read by title into the public record by the Assistant City Attorney. Commissioner Winton: I'm going to move this, but I want to make a comment also. You all have been getting e-mails on a project -- Chairman Teele: Say again. Commissioner Winton: You all have been getting e-mails. All the Commissioners, the Mayor, staff has been getting e-mails from residents in that kind of corner of Brickell area, near Brickell City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Bay View Drive about a project called Via Magnum or Maggot or something like that, and the last terms the most reflective. This project that apparently has now hit the City somewhere is an absolute classic example of an awful project that's benefiting and making itself a worse project because of all these bonuses we have there, and -- I mean, I just can't believe how bad this project is that we're going to ultimately get to talk about, and this ordinance will help stop some of that kind of stuff, and so I'm anxious to get it passed. Chairman Teele: All right. Public hearing. Yes, sir. Albio Castillo: My name is Albio Castillo. I live at 2386 Southwest 5th Street, and I'd like to ask this question: I notice Brickell has been growing tremendously, but at the rate they're growing, we're going to have to need a fire station for that area to cover that area. Ms. Slazyk: They pay impact -- each of those projects pays impact fees, which are intended to go for additional -- whatever services are necessary. Mr. Castillo: But if this continue, I hope somebody -- Commissioner Winton: Well, the Fire Department will come to us, just as they did recently, and said, "look, we've got a gap in services. We're building two new Fire Departments." When they identify -- and they're on top of it -- when they identify that we're going to have a -- that it's looking like we're going to get a gap in service, trust me, they'll be in front of us asking for the money. Mr. Castillo: Yes, but -- you know, I come here a lot and I'm a ware of that, myself as a citizen. Chairman Teele: Before the item comes back for second reading, would you have the Fire Department to file a report to make it a part of the record and let's just all cooperate. You've got your point. We're going to listen to you. Mr. Castillo: Yeah, like always you have -- well, all Commissioners, for 30 years. Chairman Teele: Thank you very much. Mr. Castillo: You're welcome, sir. Chairman Teele: Any other person desiring to be heard? If not, the public hearing is closed. Mr. Castillo: Thank you. Chairman Teele: You read the title? Madam Clerk. Priscilla A. Thompson (City Clerk): Second, please. Commissioner Winton: Second. Ms. Thompson: No. You -- Commissioner Winton: I made the motion. Commissioner Gonzalez: Second. Commissioner Winton: I make the motion and I second. Commissioner Gonzalez: I second the motion. City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Ms. Thompson: That's a mover Winton; second, Gonzalez, right? Commissioner Winton: Yes, it is. Ms. Thompson: Thank you. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Commissioner Winton: Are we done? Chairman Teele: All right. Commissioner Gonzalez: Are we done? Chairman Teele: Does that complete the PZ (Planning & Zoning) items? Commissioner Gonzalez: Yes, it does. Congratulations. Chairman Teele: Thank you all very much for cooperating. All right. City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 SUPPLEMENTAL AGENDA SI.1 04-00300 DISCUSSION ITEM DISCUSSION CONCERNING THE CO -DESIGNATION OF N.W.7TH AVENUE FROM 20TH STREET TO 25TH STREET AS SUSACASA WAY. MOTION A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and passed unanimously, with Vice Chairman Sanchez absent, directing the City Manager to proceed to codesignate Northwest 22 Sfreet between 6th and 11 th Avenues as "Susacasa Way." Commissioner Regalado: Commissioner Gonzalez, you have an item on your SI.1 supplemental? Commissioner Gonzalez: No. Commissioner Regalado: Oh. Commissioner Gonzalez: I don't think so. Commissioner Regalado: Discussion concerning the co -designation of Northwest 7th Avenue -- Commissioner Gonzalez: Oh, I'm sorry, yes. I'm sorry, I'm sorry, I'm sorry. Commissioner Regalado: You do not have on your blue pages, but you do have one -- it's here, Angel. Commissioner Gonzalez: OK I guess I'm going to have to defer this, because we cannot co - designate 7th Avenue, because it is State -- Commissioner Regalado: A State road. Commissioner Gonzalez: -- a State road and I was supposed -- can I defer this to this afternoon? Commissioner Regalado: Yeah, sure. Commissioner Gonzalez: Because I know -- I have an alternative, which is -- I believe it's 22nd Sfreet, butt have to call -- Commissioner Winton: So we just don't have to take it up. Commissioner Gonzalez: Yeah, so I'll -- Commissioner Regalado: You want to defer that in the afternoon. Commissioner Gonzalez: -- I'll defer that to the afternoon. Commissioner Regalado: OK, sir. Thank you very much. Commissioner Regalado: Thank you very much, Mr. Chairman. Until Commissioner -- the Chairman is here now, so, Mr. Chairman, we did all the -- City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Blue pages. Commissioner Regalado: -- the blue pages, plus the one item by Commissioner Gonzalez on the supplemental. It's been deferred. Commissioner Gonzalez: Mr. Chairman, I'm ready. Commissioner Regalado: He wanted to discuss in the afternoon. Commissioner Gonzalez: Mr. Chairman, I'm ready to take up this item now and -- you know, in order to clean up the agenda. Chairman Teele: All right. Commissioner Gonzalez: We're ready. I'm proposing to co -designate Northwest 22nd Street between 6th Avenue and Northwest 11 th Avenue as Susa Casa Way. So move. Commissioner Winton: Second. Chairman Teele: 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. SI.2 04-00298 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,550,000, FOR THE BICENTENNIAL PARK SEAWALL RESTORATION PROJECT - PHASE II ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT, IN AN AMOUNT NOT TO EXCEED $1,550,000, FROM THE ANTICIPATED ISSUANCE OF THE SECOND SERIES HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BONDS PREVIOUSLY APPROVED BY VOTER REFERENDUM FOR CAPITAL IMPROVEMENTS PROJECT NO. 331418, ENTITLED "BICENTENNIAL PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF THE FIND GRANT APPLICATION, SUBJECT TO CERTAIN TERMS AND CONDITIONS. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-0186 Chairman Teele: The Chair is going to yield to you, Commissioner Regalado, to allow Commissioner Winton to do his blue pages. City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Regalado: Yes, sir. Chairman Teele: Then Commissioner Gonzalez. Commissioner Regalado: Yes, sir. Commissioner Winton, you have items -- you have supplemental and you have your items on the blue pages. Commissioner Winton: I'm having the hardest time finding all this, jumping around here. I can't recall it. Commissioner Regalado: Well, I'll tell you right away. You do not have on your regular blue pages, but you do have the supplemental. Commissioner Winton: Oh, on SI? OK. Commissioner Regalado: And you have three items, actually, right here. Commissioner Winton: I thank you. Wonderful. OK So the first one is an application for a grant to do a seawall in Bicentennial Park, and I move it. Commissioner Gonzalez: Second. Commissioner Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. SI.3 04-00299 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2, SECTION 2-887(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "QUORUM REQUIREMENTS; EXCEPTIONS" TO EXEMPT THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") FROM THE QUORUM REQUIREMENTS SET FORTH THEREIN; AND AMENDING CHAPTER 14, ARTICLE II, DIVISION 2, SECTION 14-54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MEETINGS; RULES AND REGULATIONS; COMPENSATION OF MEMBERS" TO ESTABLISH THE QUORUM REQUIREMENTS OF THE DDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00299- cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele Commissioner Winton: The second is -- what we found with the DDA (Downtown Development Authority) Board is we have a very, very active board, but we also have individuals who are extremely busy, and they travel a lot. Our current ordinance doesn't allow us -- it was actually a ruling from the -- from the Attorney General and what that ruling effectively said is that you can't -- and there were some ways around this, but you couldn't allow a call -in person to vote. City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Alejandro Vilarello (City Attorney): You couldn't allow the person who phones in to make the quorum requirement. Commissioner Winton: That's right, that's right. They could vote, but they couldn't make the quorum. They didn't make it, so what this has done is it's allowing us to, in fact -- Alex, help me with this, because I've kind of forgotten the details a bit here. Mr. Vilarello: It allows -- it allow -- a reduction in the quorum but by the DDA's own internal rules will not allow a meeting to go forward without at least, I believe, nine members in attendance, including those that are appearing via telephone call. Commissioner Winton: So we're lowering the quorum by internal DDA rules a bit. Mr. Vilarello: You're actually lowering the quorum requirement by law, and increasing it by bylaw. Commissioner Winton: OK, so, so moved. Commissioner Regalado: We have a motion -- Commissioner Gonzalez: Second. Commissioner Regalado: -- second. Commissioner Gonzalez. This is the same thing in Coconut Grove Marketing Committee, so it would make it easier for you. All in favor, say "aye." Mr. Vilarello: This is -- this an ordinance of the Miami City Commission -- Commissioner Regalado: Oh, sorry. The ordinance was read by title into the public record by the City Attorney. Commissioner Regalado: Madam Clerk, roll call. 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, 3/0. SI.4 04-00296 DISCUSSION ITEM DISCUSSION ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1. 04-00296 submittal drawing.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously, with Vice Chairman Sanchez absent, to direct the City Manager to prepare a study of the Southwest 27th Avenue corridor from Coral Way to US-1; further directing the Manager to schedule a properly advertised public hearing at the Commission meeting ofApril 8, 2004, at 4:30 p.m., to consider proposed 90-day moratorium for the corridor until zoning issues are City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 resolved; further directing the City Attorney and the City Manager to report on the developer's proposed use of the public alley in said area; further directing the Manager to identify the financial resources to bring expert consultants to provide alternate solutions to solve current problems of the City zoning code. Direction to the City Manager by Commissioner Winton to make the 27th Avenue Corridor effort the number one priority of the City. Chairman Teele: We're going to call up now Supplemental Item Number 4 for discussion. Commissioner Regalado: OK, and that's what -- and the reason -- and the reason I did not request from your office a time certain is because I was following your advice to City Commissioners not to request time certains, but it is in the agenda, and the residents found out, and all of these good people, I recognize them, are residents of the Silver Bluff area, and they were at a meeting that we had recently at the Coral Way NET (Neighborhood Enhancement Team) where these issues were discussed. The main issue was -- and this is what triggers this item here -- is because there is a lot of construction going on in the Coral Way 27th Avenue Corridor. However, there is a project that is about to go through the process, I guess, if we can call them that, that is located on 27th Avenue and 24th Terrace, on the east side, District 4, and this project is a condo building. In the site of the project now, there is one-story apartments facing 27th Avenue. Now, the signs say that we are going to see there a condo building called Catalonia at Silver Bluff. That is a 14-story building. Commissioner Winton: Oh, my goodness, 14 stories. Commissioner Regalado: Now, Johnny, let me ask you, because you are the expert here on this. Can you -- how can we explain to the residents that a 14-story building that is going to be built on -- next to residential does not have to go through one single public hearing? Not one, not a single public hearing. Commissioner Winton: And the issue that you bring up is -- and I've talked about this for probably three years now, I think, because I pointed out originally the medical complex on Douglas Road was the first example that I found where you build a big giant high-rise right up against the side of a single-family home, and the same thing is going on, on parts of Biscayne Boulevard, and it -- this is an issue that we -- it kills, kills, kills the residential neighborhood, all for the profit of one developer. From a public policy standpoint, it's wrong, and we do have to get ahead of this curve, and we have to figure out how we get this zoning straight so that -- (APPLAUSE) Commissioner Winton: -- so that a single developer can't come in and literally destroy very, very strong, successful single-family neighborhoods, and everybody knows I'm hugely in favor of development, but it's got to be the right kind of development in the right area, and this is the kind of thing -- it doesn't work. It's awful, so, Commissioner Regalado, I'm 100 percent -- you heard me say before, I introduced the first very temporary moratorium, because I don't like the word. It sends the wrong signal. It can stop everything that we've got going in our favor. I don't want to do that, but there's a balance we have to strike, and we have to figure out a way to get ahead of this curve, because our neighborhoods are going to pay the consequences of our poor Zoning Code that was designed 30 or 40 years ago that allows that kind of development and so -- I don't know the right thing to do, though, either, by the way. Commissioner Regalado: And Johnny, it's -- I think that what would fry to do -- I'm told by legal and by staff that this has to be publicly advertised, so what propose to do here, I see that we have for the next meeting on April 4th -- April 7th, I think -- no, April 8, 2004, a time certain of 4 p.m., the discussion of the temporary moratorium on the Biscayne Boulevard area, the City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Upper Eastside. Now, my motion is to direct the administration to include in this discussion in the next meeting publicly advertised as a time certain as it is now, because it's -- you know, a temporary moratorium for the 27th Avenue Corridor, from Coral Way to U.S. 1 until all the issues of zoning, and like Commissioner Winton said, are resolved until the administration comes back with this issue, so, Mr. Chairman, that is my motion to have a public hearing on April 8th of 2004, 4 p.m. time certain -- well, after, of course, the Biscayne Boulevard discussion, which is something that it was previously recorded as official, so I'm telling the residents that there will be time after the discussion of the Biscayne Boulevard to engage in discussions regarding the 27 th Avenue Corridor. Meanwhile, I would like to tell the residents and many of you that were there are here. There were more there, actually, that the Legal Department and the Planning and Zoning Department and Public Works are working on the issue of the alley. We need to understand what is the purpose of these developers of this public alley, because in the advertising, they are saying that ingress and egress of the building will be through the public alley. If that is the case, then legal, the City Attorney has to make a determination whether we need a public hearing for that particular property. It is an anomaly, and Commissioner Winton has pointed to the right issue. We -- it's an outdated Code, and all of a sudden, somebody on their own right can build whatever they want, but my point was, Johnny, that it's very difficult to explain to 100 people that were at the Coral Way net (Neighborhood Enhancement Team) that -- By the way, the only thing that they wanted was to have a forum to say what they think. I mean, they didn't want to demolish the building. They just wanted to express something, and there is no way for me to tell them, oh, OK, we're going to have a public hearing. There is no public hearing, and there's going to be a huge building next to a lady's house. I was there. I don't have an explanation for that, and it was very embarrassing for me, because I didn't know what to say. Now the issue of the public alley, well, maybe one possibility, a small -- if that is the case -- but my motion, Mr. Chairman, is to start the process for a moratorium to be discussed on a public hearing on the meeting ofApril 8, 2004, after 4 p.m. Chairman Teele: All right. Let's do this. Let's accept the motion for purposes of the City Attorney giving us a legal -- when you start dealing with this `11M word, -- Commissioner Winton: Well, there isn't a second yet. Chairman Teele: -- we -- you know, there's a whole series of court cases, so we've got to do this exactly right, so -- Commissioner Winton: And I'm prepared to second the motion, butt want-- and Commissioner Regalado, I guess this is probably directed more towards you than anyone. I won't support the moratorium when it comes back next time if we don't have a definite short -- Commissioner Regalado: Of course. Commissioner Winton: -- time frame for this moratorium to resolve these issues. Commissioner Regalado: No, no, Johnny, staff has to tell us -- Commissioner Winton: Yeah. Commissioner Regalado: -- you know, we are going to bring you these changes in this time, because it's also -- it's unfair to everyone -- Commissioner Winton: You know, you -- Commissioner Regalado: -- to the residents. Commissioner Winton: You gave me a great idea. Mr. Manager, Madam Manager, we now City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 know this is an issue. We've got a special committee that's set up that I convened yesterday, had the first meeting on the Biscayne Boulevard, same issue, where we're fine-tuning the plan that was brought to the neighbors that didn't quite work right, but it seems to me now is the time behind the scenes where management brings whatever expert resources they need to get from anywhere around the United States to the table right now, without all this other baloney and get it figured out for us. Bring us recommended solutions so that we don't have to have a bunch of volunteers, whether they're the developers, whether they're the homeowners, whether they're the architects, whether they're planners or whatever, and we're all trying to figure this out. We don't know the answer. It's clear no one has the silver bullet. Somebody has the answer out there, and so I would really encourage -- unlike the -- maybe we should have another resolution, a follow- up resolution that directs the Manager to allocate the financial resources to bring the experts to the table from anywhere in the United States to bring us alternate solutions that we can choose from to solve this problem that today is Biscayne Boulevard, 27th Avenue, tomorrow is Coral Way, Northwest 7 -- I mean, it could be any major corridor in the City, because I think our Zoning Code from 40 years is messed up on all of our major corridors. So -- Chairman Teele: All right. Could we do this? Because you're getting to what I think is legally required. I'm frying to get the Attorney in on the original motion, because the motion, itself is legally attackable without something else being done. In other words, there's got to be sort of like a study or something attached to the motion that Commissioner Regalado is making. Mr. Attorney. Alejandro Vilarello (City Attorney): You need to include within your motion a direction to the Manager to prepare a study on the corridor. You need to identify the corridor that you want studied -- 27th Avenue, between -- Commissioner Winton: OK. Mr. Vilarello: -- whatever -- how -- Commissioner Regalado: It's here. It's here. The -- it's in the ordinance that was deferred and was voted by all of us, except Johnny wasn't here. Mr. Vilarello: So between Coral Way and U.S. 1. Commissioner Regalado: Coral Way and U.S.]. Mr. Vilarello: And you want it -- Commissioner Regalado: Advertised as a public hearing. Mr. Vilarello: -- advertised for 90 day -- a moratorium of 90 days, 60 days? Commissioner Winton: No. He wants the public debate at the -- Commissioner Regalado: The public debate on April 8th, and the moratorium -- Commissioner Winton: -- at a subsequent Commission meeting at which point -- Commissioner Regalado: -- and the moratorium will be sunsetting as soon as the administration brings what we are requesting, and if you need a date, we can say the same -- Alicia Cuervo Schreiber (Chief of Operations): April -- Commissioner Regalado: -- the same thing that we're saying on Biscayne Boulevard, 90 days. City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Vilarello: Commissioner, do you expect to pass on first reading the moratorium ordinance at the April 8th meeting? Commissioner Winton: Yes, I do. Commissioner Regalado: That's right. Mr. Vilarello: OK. Then you need to define what that's going to be advertised for -- 90 days -- it cannot be unlimited. Commissioner Regalado: 90 days, 90 days. Mr. Vilarello: 90 days. Commissioner Winton: 90 days. Commissioner Regalado: Exactly as Biscayne Boulevard. Chairman Teele: But what's the emergency? Commissioner Winton: This is an emergency for everybody. Chairman Teele: All right. Madam Manager, did you want to -- Ms. Cuervo Schreiber: Yes, Commissioners. Alicia Cuervo Schreiber. We wanted to bring to light that the staff is working on a grand master plan and looking at the Code as a whole, and we've been working with Johnny Winton's office, as he was appointed by the Mayor yesterday. We are looking at corridor by corridor and setting priorities in those corridors, and we hope that on May 8th, we can come back with a strategy and a comprehensive plan that will help address the needs on the corridor that Commissioner Regalado has brought to our attention. Commissioner Winton: Great. Commissioner Regalado: I'm -- I think that Johnny is the right person, but the problem is the sunshine law, how his staff will communicate with us. Commissioner Winton: Ask that again, Commissioner Regalado. Commissioner Regalado: How your staff will communicate to us the results of -- Commissioner Winton: Well, let me clarify, because I think what she is working on right now, I'm not involved in. They're doing whatl asked them to do, but I'm -- Commissioner Regalado: No, no, you are. She just said that you are. Commissioner Winton: You know, but -- Commissioner Regalado: They said they're going to work with your office. Chairman Teele: IfI can -- Commissioner Winton: I know, but think she said two separate things, frankly. One part of her conversation just now was about what am chairing, which is a global deal. That's long-term. The second part that think she mentioned, at least that's what thought I heard, is that they're City ofMiami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 working behind the scenes right now to do what had asked ten minutes ago -- Commissioner Regalado: Right. Commissioner Winton: -- and that is to figure out how we address these corridor issues now. Commissioner Regalado: Yeah. Commissioner Winton: I think that's what you said. Ms. Cuervo Schreiber: Absolutely, that's what said. Commissioner Regalado: But you'll be looking at the whole picture. How do we know? Chairman Teele: All right. I'm going to fry to regain the Chair. Commissioner Winton: Go right ahead. Chairman Teele: We have a motion on the floor which the Chair is going to accept as modified by the statements of Commissioner Winton and as modified by the statements of the Attorney, and that is that there will be a public hearing at 4: 30 -- it's really going to be closer to 5 or 5:30, depending on how long the 4 o'clock one goes, but you'll be right after that to discuss the moratorium with the appending instructions and attachments with the study, et cetera, et cetera, but not to act on the request to get the moratorium before us at the next meeting is what I'm trying to avoid. I don't want to jump this over into May now. I'm trying to preserve what it is Commissioner Regalado is asking, so the motion before us is a motion to instruct the City Attorney to place on the agenda and provide the appropriate notices of the 90-day moratorium in this area as defined, and further requesting that the Manager conduct studies and make dollars available, as Commissioner Winton outlined in his motion, as a part of that, and then on May -- on April 8th, we'll come back and decide where we go in May, or whatever, or whatever, but think we need to take this step by step by step. Commissioner Regalado: Oh, yeah. Chairman Teele: Otherwise, you know, there's always going to be somebody that's going to try to go to court and stop it, and we need to do it right, so, Mr. Attorney, am I correct? Is this the right way to move this, to get us out of this quandary for the day? Mr. Vilarello: Yes, sir. Chairman Teele: So that's the motion. It's the motion that embodies all of the statements of Commissioner Regalado and all of the statements of Commissioner Winton requiring that the Manager organize a study and make funding available, and the priority is on this particular corridor, not to -- Commissioner Winton: Agreed. Chairman Teele: -- not to dilute this with anything else, but everything else can be studied in its time and place. Would you second that motion, Commissioner Winton? Commissioner Winton: Absolutely, second. I agree 100 percent. Chairman Teele: That motion is seconded. Is there anybody here from the public that is in opposition to this motion? Is there anybody here? Yes, ma'am, you need to come forward. You have to come forward, give us your name and address for the mike. You can't speak from there. City ofMiami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 You have to come to the podium. This is a -- Commissioner Winton: Mr. Chairman, while she is coming up, I just want to clarify a point for the record. Commissioner Regalado pointed out that on 27th Avenue, I have only two blocks on the west side of 27th Avenue. Commissioner Regalado: It's three. Commissioner Winton: It's six. You have four and I have six. Commissioner Regalado: Oh, OK. From 24th -- Commissioner Winton: So that's just a clarification for the record. Commissioner Regalado: -- 24th, OK, OK. 24th Terrace to -- OK Nancy Abrams: Hi. Good morning. I am not -- my -- Chairman Teele: Your name and address for the record, please. Ms. Abrams: My name is Nancy Abrams. I reside at 2401 Southwest 23rd Street. I am not in total opposition. I am not in opposition, as a matter offact. What you're doing is great, but I would like to see an outside -- you know, if you're going to allot funds for this -- I don't know if it's your company or the City's company -- Commissioner Winton: My company? Ms. Abrams: I don't -- Commissioner Winton: We're not allocating any funds to my company. Ms. Abrams: No, no, no. The woman that was just here up at the podium? Commissioner Winton: She's a -- Chairman Teele: No, no. What -- first of all, no Commissioners can receive any funds from the City, so there's nobody's company is going to be doing any business on anything. Let's clarify the record on that. What -- Ms. Abrams: OK. It would be fantastic that you're allotting -- you know, the whole scheme of things, the whole corridor to be studied, but as a group of people living in this particular area who are affected, we would like to also have an outside person come in to study it, also. Chairman Teele: Well, that's what Commissioner Winton's motion was, is that the Manager -- we have the City staff. We're going to listen to the City staff but what Commissioner Winton's motion or addition to the motion was that the Manager be requested to direct sufficient funds and revenues for an outside consultant to come in and study the area -- there will be meetings with the community and all of that -- and to give us a range of options, he said. Commissioner Winton: For this specific corridor. Chairman Teele: For this specific corridor. Commissioner Winton: As the number one priority. City ofMiami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: So what is it about that you don't like? Commissioner Regalado: No, and I don't think -- I think what -- I know what she means, but -- Commissioner Winton: Well, I don't. Commissioner Regalado: -- but I think that in the Silver BluffAssociation -- and I seen it in the last meeting -- Ms. Abrams: Mm-hmm. Commissioner Regalado: -- you have at least two architects. You have one planner there. There's no need to spend funds from the association to hire an outside consultant, because you are going to have a lot of input in this process. You know, if you want to hire somebody, I mean, Josefina is the president that may decide to do that, but what I'm saying is that everything that the City will find, it will be given to the association. I mean, I don't -- I don't know why -- I really understood what you meant, but I don't know why you want to do that. Chairman Teele: But that's not before us. That's their decision. Commissioner Regalado: Right, and that's your decision. I mean, if you want to do it, you want to do it, but all the information that the professionals hired by the City will be shared with the association. Ms. Abrams: And by that meeting, they're going to have the results, right? Commissioner Winton: By what meeting? Ms. Abrams: By April -- Chairman Teele: No. Commissioner Regalado: No, no, no, no. Chairman Teele: We won't even have a contract by April's meeting. Commissioner Regalado: April, we start the moratorium and then we start -- we start it. Chairman Teele: April, we start the discussion. Commissioner Regalado: Exactly, and then, you know, the discussion -- as we have the information, we will be sharing that with the Silver Bluff Homeowners Association. It's an organized group, and, you know, Josefina and everybody will be able to communicate to all of you, and that is -- Ms. Abrams: OK. I just want to know how this particular spot is different, because it's on a state road, and it also has to follow the lines of the DOT (Department of Transportation) and other specifics. Chairman Teele: Well, we're not into that yet. You're way ahead of us. You're about a year ahead of where we are right now. Where we are right now is we're trying to position ourselves to have a discussion on this legally, so we can't really discuss this until April 8th. Ms. Abrams: OK. City ofMiami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Then we can get everybody to come down and say -- right now, all we're saying -- the motion is to put this on the agenda for discussion. Ms. Abrams: Perfect. Chairman Teele: Legally, we cannot just start discussing this without it being noticed to everybody who may have a different feeling about it, and so, you know, we're in America. This is a sense that everybody's got to have a fair shot at coming forth and saying it. There are going to be some people who are going to say, we don't want this study. We don't want this. We don't want that. We heard that on Biscayne Boulevard, but at least it puts us all in a position where everybody will have knowledge -- Ms. Abrams: Right. Chairman Teele: -- and notice that we're going to discuss this on April 8th. Ms. Abrams: I think that's great. Chairman Teele: And we're going to discuss it around 4 -- after the Biscayne Boulevard, which is scheduled for 4, and much of the discussion will be the same as the discussion that we will have heard at 4 o'clock, so Commissioner Regalado is very wise to put the two issues in tandem, but they'll be discussed separately, so it'll probably come up around 5 o'clock, but we're saying 4 : 30 -- Ms. Abrams: Terrific. Chairman Teele: -- time certain, and then we'll be able to hear all of the uniquenesses, et cetera, et cetera, et cetera. The City staff is here, and they will be here to listen. They will then design the proposal and -- for the consultants. They'll work with Commissioner Regalado, who will then advise you, and the only point that I want to underscore, the Commissioner -- your Commissioner is making is it may be premature to go out and spend money now. You ought to let us spend some money and get a lot of information so that your consultants could then come in and review what we have. We don't need the same people going out collecting the same information. You're paying for it anyway, because it's your tax dollars that we spend, so what the Commissioner was trying to do, I think, correctly, was say, don't move so quickly on hiring a consultant. Let us go out here and we'll make all that information available to you. Then you can hire a consultant to study what our consultant recommends. Ms. Abrams: OK, perfect. Chairman Teele: Is that OK? Ms. Abrams: Thank you. Chairman Teele: We have a motion. We have a second. We have a lot of time going on. All those in favor of the item, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. We want to thank all of the residents of Silver Bluff. I think your Commissioner has done exactly what you want done, and we'll take this item up at around 4:30 on April -- Commissioner Regalado: 8th. City ofMiami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: -- 8th, and it will follow the Biscayne Boulevard. Now, folks, when they start talking about Biscayne Boulevard and the issues, many of the issues are going to be the same, so please fry not to come down and discuss Silver Bluff while we're talking about Biscayne Boulevard, but -- Commissioner Regalado: No, it's one issue after another. Chairman Teele: Yeah, it'll be one after the other. They will not be the same, but they will be in tandem. All right. Commissioner, did you want to do anything else on this item? Commissioner Regalado: No, sir. Chairman Teele: Mr. Manager, are we sort of all in agreement on the motion and the need to have consultants, et cetera? Joe Arriola (City Manager): Yes, sir. Chairman Teele: OK. All -- so we have a motion. It's been adopted. Let's go on to the next item. Commissioner Winton: I'm sorry, my real huge apologies here, but this is really directed to the Manager, because I think it's important that he understand this clearly, and Mr. Manager, this effort related to 27th Avenue, it has to be done as fast as we can possibly get it done, and the reason for that is because -- (APPLAUSE) Commissioner Winton: -- is because it is about more than just 27th Avenue. It's about our whole City and the momentum we have, and we're going to get the same kind of request that I've already supported once. Now, I'm supporting it a second time, and we're going to get them all over the place if we don't come up with a solution fast, because our City is a City for the first time in 40 years that's in demand. That's a great thing. Let's not mess it up, but it will get messed -- that demand will get shut off if we don't get ahead of this curve. That's the reason if -- I'm suggesting that this is one of the absolute number one priorities of our City right now, is to get ahead of this curve. Chairman Teele: All right. (APPLAUSE) SI.5 04-00297 DISCUSSION ITEM PERSONAL APPEARANCE BY ROBIN LUKACS, A REPRESENTATIVE OF ROYAL RENT A CAR. DISCUSSED This item was discussed. Alejandro Vilarello (City Attorney): There's a request to withdraw another item. Commissioner Regalado: Another one? Oh, in this -- a substitute, right? Commissioner Winton: Yeah. City ofMiami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Vilarello: Joe Arriola (City Manager): Yeah, it's SI.5. Commissioner Regalado: "S"? Chairman Teele: All right. SI.5. Commissioner Regalado: Mr. Chairman, this is a supplemental agenda item. It's a personal appearance by Mr. Robin Lutax, a representative of Royal Rent-A-Car. Chairman Teele: Do you have SI.6, Mr. Marcos -- RE.6 is you, Mr. Marcos? Commissioner Winton: Which number are we -- Chairman Teele: No, we're dealing with all of his items. Commissioner Winton: What item are we on? Chairman Teele: We're on SI. -- Commissioner Regalado: SI.5. Chairman Teele: SI -- Supplemental Item 5. Commissioner Regalado: Supplemental Agenda. Commissioner Winton: But what did we do with RE.5 and 6? Chairman Teele: Well, we were just dealing with all ofMarcos' items, all the procurement items. Commissioner Winton: Oh, I see. OK, got it, so now we're going to SI. what, Commissioner Regalado? Commissioner Regalado: SI.5. It's the Supplemental Agenda. Commissioner Winton: I got it. Luis Rojas: Mr. Chairman, my name is Luis Rojas. I'm here on behalf of Royal, and we're trying to have a contract reinstated that was terminated by the Manager's office. I've spoken with the Manager, and I think he's prepared to recommend that the confract be reinstated at this time. Commissioner Winton: So what do we need to do? Commissioner Regalado: So what do we do? Commissioner Winton: Move to reinstate the contract? Chairman Teele: But the question is, Mr. Attorney -- and this is where I'm just a little bit confused on Dade County rules versus City ofMiami rules. In the -- a contract cannot be -- generally cannot be terminated without the Board approval, generally, or depending on the RFP (Request for Proposals). That's something we need to clarify. Commissioner Winton: Absolutely. Chairman Teele: Who has that authority, but who could terminate this confract? That's what City ofMiami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 I'm trying to understand. Alejandro Vilarello (City Attorney): The City Commission. Chairman Teele: Then how are we reinstating a contract that was terminated legally? That's what I'm frying to -- If we never terminated it -- if we never terminated it, how can we now reinstate what we never terminated? Mr. Vilarello: The Manager, though his staff terminated the confract because certain insurance had not been provided on a timely basis. That action, in order to take legal effect, would have had to be ratified by the City Commission. Apparently, the Manager has agreed to withdraw that termination, and therefore -- Chairman Teele: So we would be ratifying the Manager's -- Vilarello: At this point no Commission has -- no Commission action is necessary. Chairman Teele: That's what I'm frying to understand. If the action taken was ulfra virus, then we don't need to take an action, but this is the point that I wanted the Manager and Ms. Haskins, who brought the issue to me, just in a long line of issues we were discussing. We don't have a lot -- I was very pleased that the Mayor talked about doubling the number of minority vendors that the City has approved in the State of the City, but the real issue also is not the number of vendors, because we've always had vendors on the list who can't get contracts. On one hand, for example, with the State procurement confract that we just took an action on, we're buying off of a State contract. By definition, that is going to be no minority, by definition. It's just, you know, Office Depot or Office Max. How does the little guy compete with them? So we're making a conscious decision, which I support, based upon what is in the best interest economically of the City and the community, the taxpayers, but in those cases where we have minority companies, and the company at hand is one of -- it's the only minority company that I know of in Broward County that's certified in Broward County at the airport, and I assume you all are still at the Miami International Airport. It's Hispanic. It's not black. It's a Hispanic company, but the reason this -- that I'm familiar with this is when this procurement was done two years ago, Linda, there was some hanky-panky going on, on that contract, and it came to the Commission, and that's how I got to know the company, because I wanted to understand what was going on. This contract was -- told that this was a 50/50 contract, but that's not what the RFP ruled, and that's not what the Attorney ruled before the Commission. In other words, this contract has had some history of resistance by City staff for some reason, and I really would like to understand. Is there an underlying issue here of performance, of reputation, of credibility? But this is the second time this confract has been unilaterally, by staff dealt with in a manner -- very adversary to the -- and it's a Cuban contractor. This is not a black -- I don't even know how many employees they have, but I think we have to really fight for local vendors wherever we can. Joe Arriola (City Manager): And that was once we clarified the insurance issue, I wanted to put this item -- the truth is -- and as I explained to Mr. Rojas, there was a problem with insurance. There's nothing I could do about that. I can show you the whole list. This thing -- having said all that, Commissioner, they have resolved it. We have gotten to a point that we feel real comfortable with them. They feel comfortable with what we asked them, and that's why I didn't even want to bring it up. It's been resolved internally. Commissioner Regalado: But we didn't know that. Chairman Teele: It would seem to me that whoever put it on the -- Mr. Arriola: Well, you know, the problem, Commissioner, is that we were working on this thing. We did not bring it to the Commission to cancel the confract. It was strictly an internal thing City ofMiami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 that we were doing, and we did not come to you for a cancellation. We never came to you for the cancellation of the contract. Commissioner Regalado: But we were told that the contract was cancelled. Mr. Arriola: We had sent a letter given in violation -- it was pretty much that we were going to cancel the contract and bring it in front of the Commission for the Commission to approve the cancellation. That never happened. I never brought it, because we solved the issues before we brought it to the Commission for cancellation. Chairman Teele: Mr. Manager, I'm not going to challenge you at all on this, because I don't have a dog in this hunt or a horse in the race. This is a Cuban vendor. I got to know the vendor as a result of the last problem that they had, because I couldn't understand it, and I asked the Attorney. The Attorney ruled that we were dead wrong. I'm going to tell you what I know. All I know is, is it's much more than what you're saying, because not only was it -- quote -- cancelled, all of the people who have cars, like the Sergeant -At -Arms, were ordered to turn those cars in immediately -- immediately, and it goes on, and on, and on, and on, and on, so it's more than just the way you're saying, this was just a cancellation. Mr. Arriola: Commissioner, Commissioner, truly, I have worked the differences with them. We have a very good comfort level now with what they need to do. I can show you three or four pages of things that went wrong. I really don't think that -- I mean, I've already solved the -- he already feels comfortable with what we're asking. We were not picking on them, I could assure you of that. Chairman Teele: Next case, then. Mr. Arriola: And, you know, it's -- Chairman Teele: Next case. Thank you, Mr. Manager. Mr. Arriola: OK? It's just -- I mean, I just don't want to embarrass anybody here. We solved it. Commissioner Regalado: Is this a police rental -- that's a Police Department issue, rental -- Chairman Teele: It's citywide. Commissioner Regalado: Citywide. Mr. Arriola: It's citywide, sir. Chairman Teele: This is citywide. Commissioner Regalado: And so we have two vendors now for citywide rental cars. Mr. Arriola: Yes, sir. Yes, sir. Chairman Teele: We've always had two vendors. When we did the procurement -- Mr. Arriola: Yes. Chairman Teele: -- that's when this item went up, in 2002. Mr. Arriola: Yes. City ofMiami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: When we did the procurement, we did the item, the way it was done was there was a primary vendor and a secondary vendor, and the primary vendor has the contract unless they cannot perform. In those cases where they can't perform, the secondary vendor comes in. Do you have any other item you want to take up today, Commissioner Regalado, this morning? Mr. Rojas: Mr. Chairman, Commissioner Regalado, thank you. Mr. Manager, thank you. Unidentified Speaker: SI.5. Commissioner Winton: The Manager gave him the wrong info, so now, we're reconsidering stuff . OK, so what do you want to pull now? Chairman Teele: SI.25? Commissioner Gonzalez: .5. Chairman Teele: SI what? Glen Marcos (Director, Purchasing): 5. Commissioner Winton: Well, what's S -- Chairman Teele: Well, the Manager can't withdraw an item by a Commissioner. Commissioner Regalado: Well, SI.25, I don't -- Chairman Teele: Supplemental Item 5. Is that what you're saying? Mr. Marcos: That's a discussion item. Chairman Teele: Yeah, but you can't withdraw -- let's be real clear about this, now. Commissioner Regalado: SI.5? I put it in the agenda. Chairman Teele: When a Commissioner puts something on, you can't take -- staff can't take it off. Mr. Arriola: But that was the item I wanted -- that I just resolved. I'm sorry, my fault. City ofMiami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 NON -AGENDA ITEMS NA.1 04-00349 DISCUSSION ITEM Chairman Teele apologizes to Commissioner Winton for the scheduling of item related to Biscayne Boulevard on April 8th, instead of today's agenda. DISCUSSED Chairman Teele: Mr. Manager, Mr. Manager, it would help us greatly if you all would do your deferrals, et cetera, in the time that we do it at the beginning. I don't know where we are right now. I lost my sheet. I -- Joe Arriola (City Manager): I'm sorry, sir. Chairman Teele: No, no, that's no problem, but it just helps us out if your staff would work with us. OK, Commissioner Winton -- Mr. Arriola: We were finalizing a couple things. That's why we took a little longer. Chairman Teele: Commissioner Winton, the Chair owes you an apology. Commissioner Winton: For? Chairman Teele: You had requested Biscayne Boulevard items be deferred to a date and time that that we did not agree to. We had a lot of public input on that, and we -- in the last meeting when you were not here, we coordinated with your staff but we did set that date and -- I think you wanted it this meeting -- Commissioner Winton: Oh, on the -- Chairman Teele: -- and we moved it to the 8th because -- Commissioner Regalado: No, it's the same thing. April 8th. Chairman Teele: But we did that at -- Commissioner Winton: No, butt wanted it at this meeting. Chairman Teele: He wanted it at this meeting -- Commissioner Regalado: Oh. Chairman Teele: -- and I was apologizing, because we did not acquiesce to his request, but we listened to the public on that item, and they wanted it much longer, and we sort of split the difference if you -- I'm sure your staff reported -- Commissioner Winton: World ain't coming to an end. Chairman Teele: OK. NA.2 04-00333 ORDINANCE Non -Agenda AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION City ofMiami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 AUTHORIZING THE CITY MANAGER TO ACCEPT AN INCREASE IN GRANT AWARD FUNDING, IN THE AMOUNT OF $30,365.78, FROM THE COMMEMORATIVE ASSOCIATION FOR THE JAPAN WORLD EXPOSITION OF 1970, FOR THE RECONSTRUCTION OF THE ICHIMURA MIAMI-JAPAN GARDEN ON WATSON ISLAND; APPROPRIATING SAID FUNDS INTO CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 331417, ENTITLED ICHIMURA MIAMI JAPANESE GARDEN. Motion by Commissioner Winton, 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, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez 12517 Commissioner Winton: Mr. Chairman, I'd like to do a pocket item, which is accepting a grant in the amount of thirty thousand dollars from the Japan World Exposition in the reconfiguration of the Ichimura Miami Japanese Garden on Watson Island. So moved. Commissioner Gonzalez: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Is Ms. Cuervo here? Alejandro Vilarello (City Attorney): This is an emergency ordinance. I'm sorry, Commissioner. Commissioner Winton: Oh, it is? Chairman Teele: Which one? Mr. Vilarello: The one that Commissioner Winton just read. Chairman Teele: I thought we were doing grants by resolution. We still haven't figured it out yet? It's OK. Mr. Vilarello: This is increasing the grant award that was originally accepted by ordinance, so you can only amend it by ordinance. Chairman Teele: All right. Could we get the Public Works Director and Ms. Cuervo, please? Go right ahead. Not for this one, but for the next one. Mr. Vilarello: OK, and so -- Chairman Teele: Title. Commissioner Winton: Read the ordinance. Mr. Vilarello: -- we'll consider this when you have four members? Chairman Teele: You want to do -- Commissioner Winton: Oh, OK City ofMiami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: We need to have four members to take up -- Commissioner Winton: Yep. Chairman Teele: Is that right? Commissioner Winton: Yes. It's emergency ordinance. Mr. Vilarello: It's an emergency ordinance. Chairman Teele: Right, right. Chairman Teele: Do we have any items -- all right. Commissioner Regalado: I have appointment. Priscilla A. Thompson (City Clerk): Japanese Garden. Commissioner Winton: And we've got the Mayor's -- Chairman Teele: OK. Now, hold on a minute. Where is Keith Carswell? Where is Mr. Carswell? He was right. The Manager's wrong. Commissioner Winton: Uh-huh. Chairman Teele: He was right. Commissioner Winton: What was that on? Chairman Teele: The Manager was wrong. Commissioner Winton: What was that on? Chairman Teele: On your yen. Commissioner Winton: On my who, yen? Chairman Teele: Yen. Yen. That's not a nasty thing. Now, this is Japanese currency, yen. On the Japanese monetary currency called the "yen." Commissioner Regalado: But there is also the ying and the yang. Commissioner Winton: Yeah, the ying and the yang. Chairman Teele: I don't want to get into that, but the ordinance was not taken up this morning because there were only three Commissioners on the dais. Commissioner Winton: Oh, that's right. Chairman Teele: And, so -- Commissioner Winton: That's right, and there was an emergency. Chairman Teele: Why don't you pass this down. City ofMiami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: And by the way, in Okie language, there's a 'y'ins. " Y'ins come with me, so -- Chairman Teele: All right. It's time to go home, folks. All right. If everybody and the staff that's back there has got anything that we haven't done, please bring it up. Commissioner Winton: I move the emergency ordinance, accepting the -- Chairman Teele: All right. Mr. Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. We have a motion and a second, and Madam Clerk. Ms. Thompson: Roll call. Chairman Teele: First. Ms. Thompson: Yes, 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. NA.3 04-00347 DISCUSSION ITEM Direct the City Manager to request the Public Works Department and the Community Redevelopment Agency (CRA) staff to meet and provide a status report at the next regular meeting of the CRA on March 29, 2004, on the Grand Central Plat, located in the Park West area, which has been stalled for ten years. DISCUSSED A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, directing the City Manager to request the Public Works Department and the Community Redevelopment Agency (CRA) staff to meet and provide a status report at the next regular meeting of the CRA on March 29, 2004, on the Grand Central Plat, located in the Park West area, which has been stalled for ten years. Chairman Teele: All right. Ms. Cuervo, we have two requests, and this is Mr. -- would you preside? This is a -- Commissioner Winton: Oh, yes. Chairman Teele: -- pocket item. Commissioner Winton: You're recognized, Chairman Teele. Chairman Teele: This is a pocket item. Could we get the Public Works Department and the CRA (Community Redevelopment Agency) staff to meet and report, at the next scheduled CRA Board meeting on the 29th, on the status of the plat in the Park West area that has been in the process for 10 years? I don't -- I understand your staff has all the details -- City ofMiami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Alejandro Vilarello (City Attorney): It's Grand Central. Chairman Teele: It's the Grand Central plat. Alicia Cuervo Schreiber (Chief of Operations): Is it for Monday? Mr. Vilarello: He wants you to work with the CRA staff to make a presentation -- Ms. Cuervo Schreiber: We will do that. Chairman Teele: To make the presentation at the next CRA meeting, which will be Monday, the 29th. Ms. Cuervo Schreiber: Yes. Chairman Teele: I would so move. Commissioner Gonzalez: Second. Commissioner Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Teele: Like sign opposed. The motion carries. NA.4 04-00348 DISCUSSION ITEM Requesting the City Manager to arrange that the Historic and Environmental Preservation Board, the Department of Planning and the Fire Department to provide a report on the status of the late Ward Rooming House, as an emergency item on the next regular Community Redevelopment Agency CRA) meeting, currently scheduled for March 29, 2004. DISCUSSED A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, requesting the City Manager to arrange that the Historic and Environmental Preservation Board, the Department of Planning and the Fire Department provide a report on the status of the late Ward Rooming House, as an emergency item on the next regular Community Redevelopment Agency ( CRA) meeting, currently scheduled for March 29, 2004. Chairman Teele: And then the other one, Ms. Cuervo, would be a request for the Historic Preservation people, the Planning people, and Fire Department to make a report, at the next regular CRA (Community Redevelopment Agency) meeting, on the status of the Ward Rooming -- of the late Ward Rooming House, as an emergency item. I would so move. Commissioner Gonzalez: Second. Commissioner Winton: Now, what did you just -- but -- Chairman Teele: Discussion. Commissioner Winton: You want a status -- how do -- I don't -- Chairman Teele: Status report regarding the status of the late Ward Rooming House -- City ofMiami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: But how do you -- Chairman Teele: -- from the Fire Department, Public Works, Planning, Historic Preservation and Community Development. Commissioner Winton: I just didn't understand the emergency part. Chairman Teele: And as you may or may not know, the south -- Commissioner Winton: Yeah, I know. Chairman Teele: -- portion of the wall has -- Commissioner Winton: Crumbled? Chairman Teele: -- crumbled. Commissioner Winton: Oh. Chairman Teele: And I've gotten calls from Tallahassee. The State is concerned about it. Commissioner Winton: I didn't know at all. Chairman Teele: They were having a -- unfortunately, they were having a State Historic Preservation Board meeting, so that became the discussion throughout City Hall -- Tallahassee this past week. Commissioner Winton: So we have a motion. Commissioner Regalado -- I mean, Gonzalez, you seconded? Commissioner Gonzalez: I second. Commissioner Winton: Discussion. Being none, all in favor -- Chairman Teele: Discussion. Commissioner Winton: Oops. Chairman Teele: One item under discussion. Commissioner Winton: Yes, sir. Chairman Teele: Look, there is two ways to qualify something as historic; one is through the historic preservation ordinances. There is also, under federal rule, a method that the governing body can declare something historic for community development dollars. Those are two separate tracks, and we need to understand those two tracks because we've been operating under one track, and that's a part of why I'm involving Community Development, because the governing board, being the City Commission, can make that designation for the release of CD ( Community Development) dollars, OK, so we'd like to make sure that that's all there. Alicia Cuervo Schreiber (Chief of Operations): Commissioner, we are doing a conference call with the State, CD and Historic Preservation Board, I believe, tomorrow to discuss this very matter. City ofMiami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: Right. Ms. Cuervo Schreiber: Thank you. Chairman Teele: Thank you very much. All those in favor, say "aye." Chairman Teele: Oh, I'm sorry. Commissioner Winton: No. I need to do that. All in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign opposed. The motion carries. Chairman Teele: Are there any other matters to come before the Commission before 3 p.m.? Commissioner Winton: No. Let's go. Chairman Teele: If not, we stand recessed. NA.5 04-00346 DISCUSSION ITEM Discussion concerning emergency repairs at Town Park Village. MOTION A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, to direct the City Manager to instruct the Community Development Department to identify available unallocated community development funds or any other elligible funding source, for emergency reparis at Town Park Village, in an approximate amount of $200, 000; and further to work with Bethel African Methodist Episcopal Development Corporation of South Florida, Inc., (BAME) to negotiate a contract for purposes of providing emergency housing assistance for Town Park Village at the next available meeting; with all appropriate notices. Chairman Teele: Ms. Rodriguez, over the break, I was approached -- and you were -- by Mr. Jones, Mr. Leroy Jones andMs. Lillian Slater, andMs. Elsie Hubbard. Come on, come on, please, ladies and gentlemen, and -- Mr. Jones, are you the president of the association? You need to give your name and address for the record, please. Leonard Jones: Good afternoon. How are you doing, Commissioners, and the people in the audience? My name is Leonard Jones, the president of Town Park Village, 1500 Northwest 4th Avenue, Apartment 20H. Chairman Teele: Pull the mike up, and you want to just go ahead and make your request at this time? Mr. Jones: Yes. My request is that the place where I live is supposed to be for affordable model families, and I'm here to request that the City could help us get out of the financial need that we is in due to -- we got a notice from HUD (Department of Housing and Urban Development) that we got to bring the place up to the inspection code. If we don't, within the next 60 days, that the property could lose 150 families on the street. Commissioner Winton: Wow. City ofMiami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Jones: So, you know -- Chairman Teele: Johnny, I want you to pay -- and I want the Commissioners to pay -- Commissioner Winton: What's the address of this? Chairman Teele: -- particular attention. This is on the corner of -- right behind St. Frances Xavier, in Overtown, on the corner of 16th Street and 4th -- Mr. Jones: Yeah. Chairman Teele: -- 4th Avenue. Mr. Jones: 4th Avenue. Chairman Teele: This is Town Park Village. Mr. Jones: Right. Chairman Teele: And this is a part of a much larger issue that we've been looking at now for the better part of six months, and I hope the staff is going to be coming back. This is a co-op -- Commissioner Winton: Oh. Chairman Teele: -- that everybody was promised that they would be homeowners, and we've got all of the documentation on all of that, and one of the problems is, is that the co-op, which had HUD financing, has not really been able -- has not received any support, so we have 151 families -- Mr. Jones: Right. Chairman Teele: -- probably times three -- because these are all three and four bedrooms -- that really need some help, and they have an emergency right now, but one of the -- Commissioner Winton: What is the issue again? To help -- Chairman Teele: Well, right now, the immediate issue is some emergency repairs that need to be done, which is CD (Community Development) eligible. Every one -- this is a CD eligible project, but it's not a homeownership; it's a co-op. Commissioner Winton: Right. Chairman Teele: And one of the things that the City has been looking at independently -- Commissioner Winton: Which is, in theory, homeownership. Chairman Teele: Which, in partial theory, homeownership, but for census tract purposes, it's not Commissioner Winton: Oh. Chairman Teele: We're looking at -- the staff is looking at maybe working with them to convert these to homeownership as our next year's plan. I did want to letMs. Slater -- if you wanted to - - Mr. Jones, did you say the approximate amount of the cost of the repairs? City ofMiami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Mr. Jones: Yes. It should be around about two hundred thousand. Chairman Teele: All right. Ms. Slater. Lillian Slater: Commissioners, my name is Lillian Slater. I live at 1640 Northwest 4th Avenue, Apartment 10C. I have been living there 29 years, and Town Park Village was the first co-op was built, and it's 33 years old, and we have 151 units there, and we -- all of them are filled, and we have children there and we never had no kind of assistance to help us out. We just been struggling and trying to get what we can, but we're asking you all to feel our sympathy and try to keep us in the house there because we don't have nowhere to go, and, Commissioner, just look and see what we can do, please. Chairman Teele: Thank you. Ms. Slater: I thank you. Chairman Teele: Thank you, Ms. Slater. Elsie Hubbard: My name is Elsie Hubbard, and I've been living at Town Park Village for 33 years. Commissioner Winton: Since the beginning. Ms. Hubbard: We (UNINTELLIGIBLE) 33 years, and we supposed to have become homeowners of the place, but we've been asking for grants for a long time and we never could. Now, they are threatening to cut off our lights and our gas to all of those places, because we all on the same line, so we immediately need help out there, and we really want to become a homeowner, because that's why we sold our homes to come into that, thinking -- because it was close to downtown and transportation for the kids to go to school, so we really need your help today, and I thank you very much. Commissioner Winton: Has staff done an analysis, Commissioner Teele, to figure out what we need to do to cure whatever the problems are? Chairman Teele: Yes. I've yield to -- Commissioner Winton: Oh, I'm sorry. Chairman Teele: -- Commissioner Gonzalez. IfI may, Commissioner? Commissioner Gonzalez: Yes. Go ahead. Chairman Teele: It's my understanding that BAME (Bethel African Methodist Episcopal) -- Mr. Mausey -- Unidentified Speaker: He's here. Chairman Teele: -- has agreed to come in as a white knight and assist in doing some of the work that we've been frying to get these CDCs (Community Development Corporations) up to do, and that's help out in the community, to go in and do the analysis with us and with the City staff to determine exactly what it is, but the preliminary number is about two hundred thousand dollars of emergency repairs, and Mr. Mausey, I just want to make sure that you all are acknowledging that if we can find the funding to do that, you all will facilitate that with us. Bill Mausey: I'm Bill Mausey, President/CEO (Chief Executive Officer) of BAME Development City ofMiami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Corporation. Yes, Commissioner, we're willing to do that. Chairman Teele: If so, Mr. Chairman -- Mr. Presiding Officer, I would move that the CD office be instructed to identify funds from available funds that may be allocated in District 5, or from any unallocated CD dollars -- Commissioner Winton: Or from some of these places where you say we're already in trouble, where we're trying to get money out. Barbara Rodriguez (Director, Community Development): Right. We will. Chairman Teele: Yeah. Commissioner Winton: It seems like -- is this an eligible -- Ms. Rodriguez: It is an eligible. Commissioner Winton: Well, shoot. Chairman Teele: Yeah. I said from -- or any other eligible source and to advertise and to work with BAME to develop a contract at the next available moment -- the next Commission meeting, assuming we can do all the notices -- Ms. Rodriguez: Correct. Chairman Teele: -- for the purpose of providing emergency housing assistance for this co- operative. I would so move. Commissioner Winton: Second the motion. Commissioner Gonzalez: I have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: All opposed? Motion carries unanimously. NA.6 04-00334 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT THE MODEL CITY TRUST ("TRUST") MAKE AVAILABLE AN AMOUNT NOT TO EXCEED $3,600,000, OF HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS THAT HAD PREVIOUSLY BEEN ALLOCATED TO THE TRUST, FOR THE PURPOSE OF CREATING A HOUSING INITIATIVE IN DISTRICT 5 FOR AVAILABLE HOUSING; DIRECTING THE CITY MANAGER TO PRESENT TO THE CITY COMMISSION ON APRIL 8, 2004, A RESOLUTION, SUBJECT TO THE APPROVAL OF THE TRUST BOARD, DE -OBLIGATING HOME FUNDS, IN AN AMOUNT NOT TO EXCEED $3,600,000, FROM THE MODEL CITY HOMEOWNERSHIP TRUST AND REALLOCATING SAID FUNDS TO A DISTRICT 5 HOUSING INITIATIVE PROJECT FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER DIRECTING CITY STAFF TO DETERMINE THE FEASIBILITY OF A HOMEOWNERSHIP PROGRAM IN THE TOWN PARK VILLAGE PROGRAM. City ofMiami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0190 Chairman Teele: Mr. Chairman -- Mr. Presiding Officer, I am also prepared, at this time, to move a resolution of the City ofMiami requesting that the Model Cities Trust respond by making available three point six million dollars of HOME (Home Investment Partnership Program) funds from the -- that have previously been allocated to Model City Trust, for the purpose of creating a housing initiative in District 5 for available housing, and further directing that the Manager -- to present to the Commission meeting on April the 8th, a resolution, subject to the approval of the Model City Trust Board, de -obligating HOME dollars in the amount of three point six from the Model City Homeownership, and reallocating the same funds. I would so move it. Commissioner Regalado: Second. Commissioner Gonzalez: I have a motion. Do I have a second? Chairman Teele: For clarification, because of some of the challenges in Model City Trust, I have loaned -- from the two fifty-five bonds -- three point six million dollars to the Model City Trust, with the understanding that those monies would be made available to come back to the City, or District 5, as soon as there's a program. This does not, in any way, negatively impact the Model City Trust, but it does facilitate the -- Commissioner Winton: The payback on the HUD issue. Chairman Teele: -- the payback of those funds, and more importantly, it facilitates the draw down of HOME dollars that gets us out of a problem where our cash balances may be in excess of the federal standard, so that's the purpose, and the purpose of this would be to further amend the motion or modify the motion by instructing the City staff to determine the feasibility of the homeownership program in the Town Park Village program. Commissioner Gonzalez: We have a motion and we have a second. Discussion. Commissioner Winton: Barbara, now all of that fits perfectly then in terms of the plan that the whole staffs been working on to -- Ms. Rodriguez: That's correct. Commissioner Winton: -- finally, once and for all, unravel the stuff with Model City Trust, so we can, in fact, fly forward. Ms. Rodriguez: You're right. Commissioner Winton: OK. Great. I'm thrilled. Commissioner Gonzalez: Any further discussion? Chairman Teele: This has not been presented to the Model City Trust Board, although I have advised the staff. They have been presented with the idea that the three point six million dollars that we have made available is a loan, or a swap, and in effect -- City ofMiami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Right. Chairman Teele: -- this becomes a swap, but more importantly, Johnny, to the point, this helps the City with our fund balances related to HOME dollars -- Commissioner Winton: Right. Chairman Teele: -- if we can move forward. Commissioner Winton: I'm all in favor. Commissioner Gonzalez: End of discussion. We have a motion on the floor and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: All opposed? Motion carries. Ms. Rodriguez: Thank you. Chairman Teele: Thank you. Thank you very much, and, Barbara, we look forward to hearing on that emergency as soon as we can, and do we have the consultant on board that does the preliminary engineering, you know, when we got into these theater problems and all of that? Ms. Rodriguez: Yes, we do. We also have the report from HUD. They have provided the staff so we will have an inspector on Monday at their site, and we have agreed already with BAME to do so. Chairman Teele: We'll I think it's very important -- and I want to just say this -- because this is going to be another mini Section 8 (Low Income Housing) contract deal over there on 61 st Street, where you got a lot of people involved, and a lot of people are not going to understand what's going on. We need to work with the co-op association; explain everything that's going on. We need to get people out there on the ground with a wagon -- I mean, a van or -- Ms. Rodriguez: OK Chairman Teele: -- to basically intake -- because we need to understand the eligibility so we make sure that all of our CD (Community Development) dollars and our HOME dollars are eligible. We know that they are, but we've got to document it. Ms. Rodriguez: Correct. Chairman Teele: It's a question of documentation, so we need to get the cooperation of the Board of Directors and the residents, and the City staff and BAME in going out there doing the eligibility, so we can make sure that the dollars are released in accordance with federal regs. Ms. Rodriguez: We will. Chairman Teele: All right. Are there any other matters relating to CDBG (Community Development Block Grant)? When is the CDBG main program coming forward? Ms. Rodriguez: The Commission meeting will be June 10th, and it will be for October 1st. Proposals are requested March 31 st. Chairman Teele: When do proposals go out? City ofMiami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Ms. Rodriguez: They're -- March 31 st. Chairman Teele: And when are they due back in? Ms. Rodriguez: April 27th. Chairman Teele: OK. All right. I hope everybody's got that. The proposals for CD funding will go out on March 31 st, and they are due back in on April 27th. You need to make sure that all of the Commission offices get them, and that we get a notice, and we obviously are going to notice that in the newspaper. Ms. Rodriguez: Thank you. Chairman Teele: All right. PZ (Planning & Zoning) items. NA.7 04-00332 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE MANAGEMENT AGREEMENT FOR JAPANESE GARDEN ON WATSON ISLAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARROT JUNGLE ISLAND, INC., TO PROVIDE ADDITIONAL FUNDS TO CONSTRUCT A CONCRETE WALL AS A PERIMETER ENCLOSURE AT THE JAPANESE GARDENS, IN AN AMOUNT NOT TO EXCEED $115,000; ALLOCATING FUNDS FROM ACCOUNT NO. 331371.589301.6.860. 04-00332-exhibit- Amendment Agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0191 Chairman Teele: I note the presence of the Mayor, with the Consul General ofJapan, and I'd like just to ask you to -- if you would just yield the microphone? James Black: Surely. Chairman Teele: If we would welcome the Consul General and the Mayor to our City. Ko Kodaira (Consul General ofJapan): Good afternoon, ladies and gentlemen. I'm very happy to be here, and thank you very much, Commissioner. I have a very important announcement. I will read a letter to the Mayor. "Dear Mayor Diaz, under instruction of my home government, I'm happy to convey a letter, dated March 15th, from Mr. Mamoru Morita, Director of the Commemorative Organization for the Japanese World Exposition, to Keith Carswell, Director with the Miami Ichimura Japanese Garden indicating that the Expo Organization has officially decided to provide a grant of twenty million yen towards the reconstruction of the Japanese Garden, under the conditions attached herewith. The remittance was made on March 19th. I would like to reiterate my deep appreciation for the City ofMiami's committed efforts toward making the reconstruction of the Miami Ichimura Japanese Garden a reality. This beautiful garden will be a visible sign of the long-lasting and excellent friendship between the City of Miami and Japan. I avail myself of this opportunity to express the assurances of my highest City ofMiami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 esteem and consideration. Sincerely, Ko Kodaira, Consul General ofJapan." (Applause) Mr. Kodaira: This is my letter and this is (INAUDIBLE). Chairman Teele: Thank you very much. Mr. Kodaira: Thank you very much, Chairman. Thank you very much. Chairman Teele: Consul General, the Mayor has instructed us to act upon your grant immediately, so if you would just wait one minute, I think Commissioner Winton, whose district is going to show, in uncharacteristic American government, how quickly the government really can move in America. Commissioner Winton: Yes, Mr. Chairman. We have another pocket item here, and the absolutely fabulous Japanese Garden has one component piece left to be finished. Parrot Jungle folks are working feverishly to finish the entire garden. I've been by there. It looks absolutely fabulous, and there's one component piece, and that is, to build a small concrete perimeter wall around to enclose the entire Japanese Garden. With the generous grant the Consul General has provided and other monies that have come forward, we're short a hundred and fifteen thousand dollars. The City Manager has come up with that hundred and fifteen thousand dollars, and so we have a resolution to allow the expenditure of the hundred and fifteen thousand dollars to finish that wall, which will then be the final piece to complete the entire restoration of the Japanese Garden, with the intent to open the garden, I think, the third week or fourth week in April. Keith Carswell (Director, Economic Development): 29th ofApril. Commissioner Winton: The 29th ofApril, so there will be a special opening and a special ceremony marking the final reopening of this fabulous Japanese Garden that was originally brought to us by the citizens ofJapan many years ago, so -- Chairman Teele: We have -- Commissioner Winton: Consul General, thank you again. So move. Chairman Teele: We have a motion. Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Teele: We have a second. Madam Clerk, would you call the roll, please? Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Teele: The vote is unanimous. We thank you very much for your donation, and hopefully, you will -- one moment. Mr. Carswell: Keith Carswell, Director for the Department of Economic Development. There was one more resolution also. Some of you may be wondering what's twenty million yen -- what's the equivalent of that. At the time when we were notified of the award, it had a value of a City ofMiami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 hundred and fifty-four thousand US (United States) dollars, but today, it's a hundred and eighty- four thousand dollars. Commissioner Winton: Wow. Mr. Carswell: So, it's an additional thirty thousand dollars, so we would need the Commission to accept the additional thirty thousand, as well. Commissioner Winton: We did the thirty -- Now, what do we need to accept? And I'm sorry, Keith. Chairman Teele: We're accepting the additional -- Mr. Carswell: The additional thirty thousand. Chairman Teele: From the Japanese government. Mr. Carswell: Right. When we came to you before, it was for twenty million yen, and for a hundred and fifty-four US dollars. Commissioner Winton: We did that this morning. Mr. Carswell: Oh. Commissioner Winton: I did something that accepted thirty thousand more this morning. Chairman Teele: Well, why don't we hold it for another two weeks. What do you think? What's going to happen to the yen then? Commissioner Winton: Yeah, good idea. Chairman Teele: Well, we have done that and thank you very, very much. We are most grateful. Thank you. (Applause) NA.8 04-00331 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO M. E. F. CONSTRUCTION, INC., PURSUANT TO RESOLUTION NO. 03-248, ADOPTED MARCH 27, 2003, AMENDED BY RESOLUTION NO. 03-1068, ADOPTED SEPTEMBER 25 , 2003, IN AN AMOUNT NOT TO EXCEED $200,000, FROM $789,050 TO $ 989,050, FOR ADDITIONAL WORK ON THE PROJECT ENTITLED " CITYWIDE SIDEWALK REPLACEMENT PROJECT PHASE 24, B-4664;" ALLOCATING FUNDS FOR SAID INCREASE FROM PROJECT NO. 311714, DISTRICT 4 QUALITY OF LIFE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; AMENDING RESOLUTION NO. 03-1068 TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID INCREASE. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0247 Commissioner Regalado: Mr. Chairman, I have a pocket item. Chairman Teele: All right. Pocket items. Have we cleared all of the agenda items to the staffs satisfaction? All right. Pocket items, please. Commissioner Regalado: This is a resolution of the City ofMiami Commission authorizing the increase in the confract award to M. E. F. Construction, Inc., pursuant to resolution number 03- 248, adopted March 27, 2003, and amended on September 25, 2003, in the amount not to exceed two hundred thousand dollars from seven hundred eighty-nine thousand dollars to nine hundred and eighty-nine thousand dollars for the project entitled Citywide Sidewalk Replacement Project. This is a Public Works pocket item, and this is -- Chairman Teele: Is there a -- Commissioner Winton: Second. Chairman Teele: All right. Now, it's my understanding that we're not supposed to do substantial appropriations as pocket items. Is there objection? If anybody objects, it's -- Commissioner Winton: Well -- and I was kind of -- Chairman Teele: But think, in light of what we're doing here -- Commissioner Winton: I think -- isn't this -- Mr. Manager, isn't this an extension or piggybacking on an existing confract to keep a confract -- Larry Spring (Chief of Strategic Planning, Budgeting and Performance): If you could give me one second, Commissioner. Get Alicia out here to answer that question. Commissioner Regalado: Yeah. Commissioner Winton: Because that's important. Commissioner Regalado: That's what it is. Chairman Teele: It is, but, see, the only thing that I'm objecting to -- Commissioner Winton: And I'm with Teele -- Commissioner -- Chairman Teele: -- is not objecting to what we're doing, but the Manager's signature ought to be on that document recommending that this be taken up today. You know, they shouldn't just come out here and -- because you don't know -- Commissioner Winton: I agree a hundred percent. Chairman Teele: -- five months from now, if somebody decides that this guy did something up in Key West, you know, they're going to come back and it's going to be a big blah, blah, blah. Well, why was it done, and we'll all be (unintelligible), and I just think we ought to have a record on it. The Manager's recommending it. Commissioner Regalado: Yeah, I got this from the Manager. City ofMiami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: But you don't have a memo. Commissioner Winton: Right. Commissioner Regalado: No, I don't. Chairman Teele: You're putting it on the record. So, all that I'm asking, Mr. Manager, is that in the future, any items that are pocket items that require the expenditure of funds, there just be a simple memo from the Manager to the Commission requesting that the item be taken up based upon his recommendation. Commissioner Winton: Well, the more appropriate tact is because we have staff watching this stuff they knew this was coming, this ought to be dealt with two weeks earlier, end of story. Mr. Spring: Absolutely. Chairman Teele: You know, Johnny, that's true, but, you know, it should have been added as a supplemental agenda item -- Commissioner Winton: Agreed. Chairman Teele: -- or something like that, but what we don't want to do is discourage staff from trying to move construction projects through because it's hard enough. Commissioner Winton: Yeah, I agree. Supplemental would work fine with me. I mean, that would be great. I love supplementals. Chairman Teele: All right. On the motion by Commissioner Regalado -- Commissioner Winton: Second by me. Chairman Teele: -- second by Commissioner Winton. We have unanimous approval. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is unanimously adopted. NA.9 04-00337 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $1,000, TO FACILITATE THE 21ST ANNUAL PASSOVER/GOOD FRIDAY BRUNCH OF THE HOLY REDEEMER CATHOLIC CHURCH IN LIBERTY CITY, FLORIDA; ALLOCATING FUNDS FROM THE DISTRICT 5 ACCOUNT NO. 001000. 920922.6.930; FURTHER DIRECTING THAT SAID ALLOCATION BE MADE TO THE BISCAYNE BAY MARRIOTT, 1633 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO ASSIST WITH THE RELATED COSTS OF THE EVENT. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0196 Chairman Teele: Next pocket item. Commissioner Regalado: I'll move in behalf of Chairman Teele -- Commissioner Winton: Second. Commissioner Regalado: -- a resolution of the Miami City Commission providing support in an amount not to exceed one thousand dollars to be expended from the Disfrict 5 account to facilitate the 21 st Passover Good Friday brunch of the Holy Redeemer. Chairman Teele: Motion. Is there a second? Commissioner Winton: Second Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. NA.10 04-00340 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $2,900, TO FACILITATE A FOUR -DAY COLLEGE ORIENTATION TOUR (BCC/FAMU/MOREHOUSE/ SPELMAN, ETC), TO BE HOSTED BY MULTI CULTURE WOMEN OF FLORIDA; ALLOCATING FUNDS FROM THE DISTRICT 5 ACCOUNT NO. 001000.920922.6.930; FURTHER DIRECTING THAT SAID ALLOCATION BE MADE TO QUALITY TRANSPORT SERVICES, INC. (MIAMI-DADE SCHOOL BOARD VENDOR), TO ASSIST WITH THE ASSOCIATED TRAVEL EXPENDITURE. Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0197 Commissioner Regalado: I'll move, in behalf of Chairman Teele, a resolution of the Miami City Commission provider -- providing support in an amount not to exceed two thousand, nine hundred dollars to be expended from the Disfrict 5 account number, number 1, to facilitate a four -day college orientation tour. Commissioner Winton: Second. Chairman Teele: Is there objection? Motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Alejandro Vilarello (City Attorney): Is that the one you guys were talking about? Commissioner Regalado: Yes. NA.11 04-00344 DISCUSSION ITEM A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT IN AN AMOUNT NOT TO EXCEED $267.00 BE EXPENDED FROM THE DISTRICT 5 ACCOUNT NO. 001000.920922.6.930, FOR THE CREATION OF THE BLACK HISTORY MONTH EXHIBIT THAT PRESENTED GREAT BLACK HISTORICAL FIGURES ON DISPLAY IN THE CITY HALL LOBBY FOR THE MONTH OF FEBRUARY 2004; FURTHER DIRECTING THAT THE ALLOCATION BE MADE TO KINAD INC. TO ASSIST WITH THE ASSOCIATED COST. DISCUSSED Item NA.11 was considered but not passed. Direction to the City Manager by Commissioner Winton to bring this back with funds from the general fund. Commissioner Regalado: I will move, on behalf of Chairman Teele, a resolution of the Miami City Commission providing support in an amount not to exceed two hundred and sixty-seven dollars be expended from the District 5 account for the creation of the Black History Month exhibit, presented great black historical figures on display at the City Hall lobby. Chairman Teele: Moved and second. I still don't understand why that can't be funded out of somebody's account. I don't -- Commissioner Winton: That's amazing. Chairman Teele: Mr. Manager, I don't understand why something like that -- I mean, you know, two sixty-seven -- Commissioner Winton: Two hundred and ninety -- Chairman Teele: -- you've got to fund it for something citywide. I mean, for Women's History Month, for Hispanic -- Commissioner Gonzalez: Two hundred and ninety-seven dollars. Chairman Teele: You know, two hundred sixty-seven -- I mean, I got the request from -- Commissioner Winton: I will tell you that I think that's an embarrassment, Commissioner Teele. Commissioner Regalado: Look -- Chairman Teele: Huh? Commissioner Winton: That's an embarrassment that this has to go your account -- Commissioner Regalado: It is. Mr. Chairman, I am withdrawing this. I would ask that it -- City ofMiami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Correct. Commissioner Regalado: -- would be taken from the operations of City Hall. If not, from my -- Commissioner Winton: No. Commissioner Regalado: -- rollover -- Commissioner Winton: No. Commissioner Regalado: -- office account. Commissioner Winton: This should come from the (INAUDIBLE) Chairman Teele: Well, let it come from his rollover. I don't care. Commissioner Winton: Or from the -- Commissioner Regalado: No. I mean -- Commissioner Winton: Yeah. No. Or from the general account. If they can't afford two hundred and ninety-seven dollars out of the general account, give me a break. Commissioner Regalado: But my question is, when we do all the other exhibits, who pays for them? When we do all these -- when we do all these big things in the MRC (Miami Riverside Center) -- I don't go there because I said I would never go back there. Commissioner Winton: They don't allow you in. Commissioner Regalado: But that's OK, butl heard -- I've seen in Net 9, who will pay for it? Larry Spring (Chief Strategic Planning, Budgeting & Performance): Actually, Commissioner, some of the funding comes from internal sources, but some of it is provided as in -kind from outside sources or grants, so -- Chairman Teele: I'm advised -- and this doesn't help. It makes it worse. I kept trying to tell her, don't tell me -- that this is one-third of the account. Mr. Spring: Correct. Chairman Teele: That one-third is coming from the Manager's budget -- Mr. Spring: Correct. Chairman Teele: -- one-third is coming from the Mayor's budget -- Mr. Spring: Correct. Chairman Teele: -- which makes it even worse, in a way, because it really should be a citywide - - and what want to know is, why didn't the Manager have to submit his for approval and why didn't the Mayor have to submit theirs for approval? Mr. Spring: Actually, I don't know why. It was submitted to your office from the Mayor's staff as a request. City ofMiami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Chairman Teele: And I think they did a great job, and I don't want to -- Mr. Spring: That's not it. That's not it. Commissioner Regalado: This is very complicated because -- Commissioner Winton: Let's -- Commissioner Regalado: So, this is Black History thing, right? Mr. Spring: This is for the display -- Commissioner Regalado: So, let me ask you this: If we do an exhibit here at City Hall on the 20th ofMay for Cuba's Independence, who are you going to charge this two hundred and sixty- seven dollars, to Gonzalez -- Commissioner Winton: Only -- Commissioner Regalado: -- to me or to Sanchez? Commissioner Winton: No. The three of you. Commissioner Gonzalez: The three of us. Commissioner Winton: The three of you. Mr. Spring: The Mayor -- Commissioner Regalado: No, because there is one representative of the Afro-American community. You're charging him and you are not charging me? This is a citywide celebration. Mr. Spring: Commissioner, if you so want, I can have it -- Commissioner Winton: That's the wrong answer. Mr. Spring: Well, the answer -- the only answer I can give you is that the Mayor's office sent this request to Commissioner Teele's office directly. It was not -- Chairman Teele: I mean, look, I don't want to get some staff person who's frying to do their job and frying to do a good job because it was a good thing, but there's just a policy question here. We need to have enough money in some kind of special events account or something, especially things that are -- it would be different -- say again. Commissioner Winton: I said we spent all of that one. Chairman Teele: Oh, we spent all -- but, I mean, it would be different if it were being held in the community, but this is at City Hall. Commissioner Winton: Right. Chairman Teele: -- or the MRC. Mr. Spring: Commissioner -- Chairman Teele: But there shouldn't be -- look, send me a memo. I'll sign it. I don't think City ofMiami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 something like this ought to be out here on the dais anyway. You know, something -- Unidentified Speaker: Yeah. This could be free. Chairman Teele: -- can't we just sign something less than three thousand? Mr. Spring: Yes, you can, sir. Commissioner Winton: Thank you. Chairman Teele: All right. So, the answer is, I'm doing the wrong thing by sending it out here. I just ought to sign it, if it's less than what, four thousand, five hundred? Mr. Spring: It's the -- I think it's five thousand or some number. Commissioner Winton: Well, get the -- get the policy and give it to us, so we'll know. Chairman Teele: All right. Mr. Spring: Procurement. NA.12 04-00345 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OVERSIGHT COMMITTEE FOR THE SEOPW AND OMNI REDEVELOPMENT DISTRICT CRAs FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Sonny Wright Chairman Arthur E. Teele, Jr. Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0198 Commissioner Winton: Next. Chairman Teele: Next pocket item or appointment. Chairman Teele: Commissioner Winton, would you yield? Would you -- Commissioner Winton: Yes, sir. You're recognized. Chairman Teele: Yes. I would like to, by this memorandum, appoint Sonny Wright, the founder of People's Bank and the previous owner of the Historic Carver Hotel, which was demolished by the City ofMiami, as the appointee to the Oversight Board of the Southeast Overtown/Park West Redevelopment Authority. City ofMiami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes March 25, 2004 Commissioner Winton: Great. Chairman Teele: I would so move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Commissioner Winton: Got a motion and a second on a great appointment. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign opposed. The motion carries. Anything else? Chairman Teele: Are there any other matters to come before this Commission? Mr. -- Larry Spring (Chief of Strategic Planning, Budgeting & Performance): No, Commissioner. Chairman Teele: If not, we stand adjourned. City ofMiami Page 188 Printed on 12/16/2004