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HomeMy WebLinkAboutCC 2004-04-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, April 22, 2004 9:00 AM PLANNING & ZONING (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes April 22, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES Page 5 AM - APPROVING MINUTES Pages 5 - 6 ORDER OF THE DAY Page 6 CA - CONSENT AGENDA Pages 6 - 17 M - MAYOR'S ITEMS Page 17 D1 - DISTRICT 1 ITEMS Page 17 D2 - DISTRICT 2 ITEMS Pages 17 - 20 D3 - DISTRICT 3 ITEMS Pages 20 - 23 D4 - DISTRICT 4 ITEMS Pages 23 - 30 D5 - DISTRICT 5 ITEMS Page 30 PH - PUBLIC HEARINGS Pages 30 - 48 SR - SECOND READING ORDINANCES Pages 49 - 51 FR - FIRST READING ORDINANCES Page 52 RE - RESOLUTIONS Pages 53 - 59 BC - BOARDS AND COMMITTEES Pages 60 - 66 DI - DISCUSSION ITEMS Pages 67 - 107 ES - EXECUTIVE SESSIONS Pages 108 - 109 PART B PZ - PLANNING AND ZONING ITEMS Pages 110 - 227 SI - SUPPLEMENTAL AGENDA Pages 228 - 262 Pages 3 - 5 City ofAliami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Winton, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele PRESENTATIONS AND PROCLAMATIONS On the 22nd day ofApril, 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 9:25 a.m. by Chairman Arthur E. Teele, Jr., recessed at 12: 21 p.m., reconvened at 3:09 p.m., recessed at 8:58 p.m., reconvened at 9:23 p.m. and adjourned at 11: 40 p.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PR.1 04-00430 CEREMONIAL ITEM Name of Honoree Miami Senior High Katrina Garcia Joe Underwood Santiago Corrada University of Miami School of Medicine Dr. Margaret Fisch! Dr. Gwendolyn Scott Dr. Mary Jo O'Sullivan Rosa Green Dr. Manuel Rico -Perez 04-00430- cover page.pdf 04-00430- protocol program.pdf PRESENTED Presenter Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Chairman Teele Commissioner Regalado Protocol Item Commendation Certificate of Merit Commendation Commendation Commendation Commendation Commendation Salute 1. Mayor Diaz recognized the City ofMiami employees who brought their children to work today as part of the "National Bring Your Child to Work Day" program. 2. Vice Chairman Sanchez presented a commendation to Katrina Garcia, a Miami Senior High School student, for her winning television screen play "A Memoir to My Former Self', which is about a high school student who used her knowledge and courage to overcome her eating disorder. 3. Vice Chairman Sanchez also presented a Salute to Yvette Perdomo, a Miami Senior High School Drama Teacher for her oustanding tenure as a public school teacher, her academic excellence and leadership skills, and for her knowledgeble contribution in support of student creativity in the Miami Senior High's Entertainment Technology Program. 4. Mayor Diaz presented a Certificate of Honor to Joe Underwood, who was selected from over 150, 0000 nominees to win the Teacher Honoree Award for his exemplary, innovative and and creative teaching strategies. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 5. Mayor Diaz presented Commendations to Dr. Margaret Fischl, Dr. Gwendolyn Scott and Dr. Mary Jo O'Sullivan (in absentia) from the University ofMiami School ofMedicine for their contributions of their resources, expertise, talents and support to help combat the HIV/AIDS virus in the community. 6. Mayor Diaz presented a Commendation to Dr. Lumane Pluviose- Claude, City's outgoing Director of the Little Haiti Net, for her four years of work in the Little Haiti NET area, for her outstanding leadership in ensuring coordination of municipal services to the citizens and for her commitment to neighborhood initiatives in elevating the quality of life in the city. 7. Mayor Diaz presented a Commendation to Santiago Corrada for his time and efforts as the City's outgoing Director of Parks Department, for his outstanding leadership and for helping the city enhance access to public facilities over this past year. 8. Mr. Charles DeLucca presented a check in the amount of $47, 000 to the City ofMiami's Parks and Recreation's Program for Persons with Disabilities. Presentations and Proclamations Chairman Teele: One other protocol item -- not really. It's a meaningful item. Mr. Delucca, you're here. You want to come to the podium with whoever should be coming, or you want to come up here? Why don't you just come up here. That's even better. Well, we're delighted, Mr. Delucca, that you've once again come back to the City, and you always bring -- bearing gifts, especially for the people that are with disabilities that really need our quality assistance, so let me yield to you and our Parks Director. This is sort of a partnership, I guess. Charlie Delucca: Wow, we've been doing this for about 13 years now. We've got this check for forty-seven thousand dollars plus that will help us pay for that needed bus that we needed. This is our -- and for the summer camp, and this is, I believe, our third bus, isn't it? And -- but this is going to be a bus that's going to enable us to pick up kids at school, wheelchair and -- the big yellow bus. I should have brought the picture. Big school bus, but we want to present this check to you all and it's with great pleasure to do this, and we love you all, and we're going to continue to do this every year, and we're going to have more and more help now, so without any further ado, I want to present this to the kids here. (APPLAUSE) Mr. Delucca: And this was -- I just want you to know that we're both from Edison. We didn't have to go to Miami High. We qualified to go to Edison. Vice Chairman Sanchez: That's the home of the Raiders. Mr. Delucca: The ones that were the -- the Edison Red Raiders, and this is from us. Santiago Corrada (Director, Parks & Recreation): Thank you, Charlie. You know I warmly refer to you as the angel that watches over our Disabilities Division. Thank you so much for caring about us and always supporting us financially when we're in need. We really, really appreciate all of your support and your love, and we love you. Thank you. Unidentified Speaker: I just want to say this might be my last year with the City. It's been 24 years, and if it wasn't for Charlie Delucca Day and all of the people at Daga, we wouldn't have what we have today, and they've really been our partner and our angels, and we owe them everything. Thank you very much. (APPLAUSE) City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 MAYORAL VETOES Chairman Teele: Year to date, about three hundred thousand dollars from Mr. Delucca. Let's give Charlie Delucca and his team another hand. Three hundred thousand dollars to aid persons with disability. (APPLAUSE) Chairman Teele: Thank you so very much. NO MAYORAL VETOES There were no mayoral vetoes. Chairman Teele: Good morning, ladies and gentlemen. We have a zoning agenda today, so we want to manage our time as well as we can. There are no Mayoral vetoes of legislation acted upon in the previous Commission meetings. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Chairman Teele: Did we do SI.1 ? We need a motion for the approval of the minutes. Vice Chairman Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Teele: What's the date of those minutes, Madam Clerk? Vice Chairman Sanchez: I read them all. Chairman Teele: Read them into the record. Alejandro Vilarello (City Attorney): Mr. Chairman, the 29th meeting is a special called meeting. Chairman Teele: We know that. Mr. Vilarello: So you would need to add that to the special call if that's -- Chairman Teele: That's what the motion was. Commissioner Regalado: We already did. That's what we did. Mr. Vilarello: OK. Commissioner Regalado: We still have the motion of -- Priscilla A. Thompson (City Clerk): The first motion would be for the minutes ofApril 18, 2002. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: There's a motion. Chairman Teele: Is there a motion? Commissioner Gonzalez: Second. Chairman Teele: Motion by Commissioner San -- Vice Chairman Sanchez, second by Commissioner Gonzalez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Ms. Thompson: The second one would be for the minutes ofMarch 11, 2004. Vice Chairman Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. ORDER OF THE DAY Chairman Teele: Are there deferrals, withdrawals or requests for specific times? The Chair would like to advise that we have an executive session today that is scheduled to begin at 2:45. Coming back, we have time certain items which are our Community Development items. Given the fact that we are required now to have a signer who translates or who signs the proceedings, we would like to try to start that as close to 3 as possible. We also have, I think, based upon the previous Commission discussions, PZ.21 and PZ.4, which are to go at 4 o'clock, and right after that, that appears to be the 90-day moratorium. The Management has requested a 4 o'clock item, as well, so we'll take that up at 3:59, relating to the Midtown Miami. That will be 3:59 at the request of the Management to take it up around 4 o'clock, so we'll take that up before the 90- day moratorium, if that's all right with you, Commissioner Winton. Commissioner Winton: Absolutely. Chairman Teele: They are both matters that are within your jurisdiction or your district, and that means, Commissioner Regalado, we'll be following the 90-day moratorium on Biscayne with a discussion of the 90-day moratorium on Coral Way, if that's all right. Commissioner Regalado: 27th, 27th. Chairman Teele: 27th Avenue from Coral Way to U.S. 1, if that's all right with you. Commissioner Regalado: Yes, yes, sir. CONSENT AGENDA CA.1 04-00352 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF E.D.F.M. CORPORATION, City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 FOR THE PROJECT ENTITLED "BAYFRONT PARK - BUILDING RENOVATIONS, B-3333," IN THE AMOUNT NOT TO EXCEED $307,580, ALLOCATING FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST ACCOUNT NO. 6601, IN THE AMOUNT NOT TO EXCEED $307,580, FOR CONTRACT COSTS, PLUS $20,160 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL CONSTRUCTION COSTS IN THE AMOUNT NOT TO EXCEED $327,740, AS SET FORTH ON THE BID DOCUMENTS AND PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00352-cover memo.pdf 04-00352-budgetary impact analysis.pdf 04-00352-letters from CIP.pdf 04-00352-memo from purchasing.pdf 04-00352-memo from CIP.pdf 04-00352-exhibit 1-tabulations.pdf 04-00352-exhibit 2-project fact sheet.pdf 04-00352-exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0249 CA.2 04-00353 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE AND DELIVERY OF TWO ROLL -OFF TRUCKS (GALBREATH MODEL U5-OR-174, WITH HOIST AND TARPING SYSTEM), IN AN AMOUNT NOT TO EXCEED $206,660, FROM ATLANTIC FORD TRUCK SALES, INC. D/B/A ATLANTIC TRUCK CENTER, UTILIZING EXISTING COLLIER COUNTY BID NO. 03-3566, EFFECTIVE THROUGH NOVEMBER 18, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY COLLIER COUNTY, FOR THE DEPARTMENT OF SOLID WASTE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 353014.329402.6.840, IN AN AMOUNT NOT TO EXCEED $92,700 AND CIP NO. 353010.329402.6. 840, IN AN AMOUNT NOT TO EXCEED $113,960 FOR A TOTAL AMOUNT NOT TO EXCEED $206,660. City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 04-030053-cover memo.pdf 04-030053-budgetary impact analysis.pdf 04-030053-memo from solid waste.pdf 04-030053-price of trucks.pdf 04-030053-letter from atlantic truck cent.pdf 04-030053-packing list.pdf 04-030053-comparison table.pdf 04-030053-delivery list.pdf 04-030053-furnish and deliver roll-off.pdf 04-030053-collier county agenda pg.pdf 04-030053-award under collier county.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0250 CA.3 04-00354 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS OF PRIMARY AND SECONDARY VENDORS, AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PROCUREMENT OF MEDICAL SUPPLIES FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), ON AN ITEM -BY -ITEM BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $125,000, ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $125,000, FROM THE OPERATING BUDGET OF FIRE -RESCUE FOR FISCAL YEAR 2003-2004, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENT ORDINANCE OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00354-cover memo.pdf 04-00354-award recommendation form.pdf 04-00354-tabulation of bids.pdf 04-00354-award sheet.pdf 04-00354-bid security list.pdf 04-00354-exhibit 1-award sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0251 CA.4 04-00355 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF THE TRUSECURE ENTERPRISE SERVICE TO ASSIST IN THE IDENTIFICATION AND MITIGATION OF RISKS TO THE CITY OF City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 MIAMI'S CRITICAL INFORMATION TECHNOLOGY ASSETS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AWARDED UNDER STATE OF FLORIDA CONTRACT NO. 974-176-04-1, EFFECTIVE THROUGH JULY 14, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, FOR A ONE-YEAR PERIOD AT AN INITIAL COST NOT TO EXCEED $78,795, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS WITH ANNUAL PRICE INCREASES LIMITED TO NO MORE THAN FOUR PERCENT (4%) PER YEAR; ALLOCATING FUNDS FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.6.670. 04-00355- cover memo.pdf 04-00355- budgetary impact analysis.pdf 04-00355- consultant services IT.pdf 04-00355- award under state of FL.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0252 CA.5 04-00356 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-1222, ADOPTED DECEMBER 18, 2003, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO CARDIAC SCIENCE, INC., IN AN ESTIMATED AMOUNT NOT TO EXCEED $28,000, FROM $91,779.33 TO $119,779.33, FOR THE ACQUISITION OF ADDITIONAL POWERHEART G3 AUTOMATED EXTERNAL DEFIBRILLATORS ("AED") AND ACCESSORIES WITH A FIVE-YEAR WARRANTY, FOR THE DEPARTMENT OF FIRE -RESCUE, UTILIZING EXISTING STATE OF FLORIDA SNAPS III CONTRACT NO. 4651951-4, EFFECTIVE THROUGH MAY 17, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE STATE OF FLORIDA EMERGENCY MEDICAL SERVICES ("EMS") MATCHING GRANT M3004 AWARD (FISCAL YEAR 2003), PROJECT NO. 110118, ACCOUNT CODE NO. 280212.6.840. 04-00356- cover memo.pdf 04-00356- budgetary impact analysis.pdf 04-00356- quotations.pdf 04-00356- letter to fire dept.pdf 04-00356- snaps II agreement doc.pdf 04-00356- snaps III price Iist.pdf 04-00356- memo from fire.pdf 04-00356- pre legislation 1.pdf 04-00356- pre legislation 2.pdf 04-00356-increase of contract.pdf City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0253 CA.6 04-00357 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO PRESTIGE ELEVATOR, INC., PURSUANT TO RESOLUTION NO. 03-633, ADOPTED JUNE 12, 2003, IN AN ESTIMATED ANNUAL CONTRACT AMOUNT NOT TO EXCEED $20,000, FROM $33,720 TO $53,720, TO PROVIDE CITYWIDE ELEVATOR MAINTENANCE SERVICES, ON AN AS -NEEDED CONTRACT BASIS UNDER THE EXISTING CONTRACT TERMS, CONDITIONS AND OPTIONS TO RENEW, SUBJECT TO INCREASES DUE TO THE ADDITION OF NEW FACILITIES; AMENDING RESOLUTION NO. 03-633 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 04-00357-cover memo.pdf 04-00357-contract award.pdf 04-00357-pre cover memo.pdf 04-00357-award sheet.pdf 04-00357-pre legislation.pdf 04-00357-increase of contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0254 CA.7 04-00358 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF BUILDING MATERIALS FROM VARIOUS VENDORS, IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE DEPARTMENT OF PURCHASING, ON AN AS -NEEDED CONTRACT BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 7388-4/08, EFFECTIVE THROUGH FEBRUARY 28, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $ 100,000, FROM THE CURRENT FISCAL YEAR (2003-2004) OPERATING BUDGETS OF THE VARIOUS USER 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 City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 PERMITTED BY LAW. 04-00358-cover memo.pdf 04-00358-contract award sheet.pdf 04-00358-invitation to bid.pdf 04-00358-invitation to bid cont.pdf 04-00358-award under miami dade.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0255 Direction to the City Manager by Commissioner Gonzalez to ascertain that local vendors be given a fair share when City contracts are awarded. CA.8 04-00359 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-417, ADOPTED MAY 8, 2003, AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC., IDENTIFYING CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 341206 AS AN ADDITIONAL FUNDING SOURCE TO COVER SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI. 04-00359- cover memo.pdf 04-00359- budgetary impact analysis.pdf 04-00359- memo from CIP.pdf 04-00359- pre. legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0256 CA.9 04-00360 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF AUGUST CONSTRUCTION COMPANY, INC., FOR THE PROJECT ENTITLED "RIVERVIEW STORMWATER PUMP STATION UPGRADES (3RD BIDDING, ROOF), B- 5650A," IN THE PROPOSED AMOUNT NOT TO EXCEED $105,326, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $105,326, FOR CONTRACT COSTS, PLUS $17,508 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $122,834, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 04-00360- cover memo.pdf 04-00360- budgetary impact analysis.pdf 04-00360- exhibit 1-tabulation of bids.pdf 04-00360- exhibit 2- fact sheet.pdf 04-00360- exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0257 CA.10 04-00361 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF PROFESSIONAL GENERAL CONTRACTORS, INC., FOR THE PROJECT ENTITLED "RIVERVIEW STORMWATER PUMP STATION UPGRADES (3RD BIDDING), B-5650A," IN THE PROPOSED AMOUNT NOT TO EXCEED $197,795, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $197,795, FOR CONTRACT COSTS, PLUS $54,386 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $252,181, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00361- cover memo.pdf 04-00361-budgetary impact analysis.pdf 04-00361-exhibit 1-tabulation of bids.pdf 04-00361-exhibit 2- fact sheet.pdf 04-00361-exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0258 CA.11 04-00363 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF NCI CONSTRUCTION CORPORATION, FOR THE PROJECT ENTITLED "LAWRENCE STORMWATER PUMP STATION UPGRADES (3RD BIDDING), B-5650B", IN THE PROPOSED AMOUNT NOT TO EXCEED $202,047, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $202,047 FOR CONTRACT COSTS PLUS $52,746 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 COSTS IN THE AMOUNT NOT TO EXCEED $254,793, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00363- cover memo.pdf 04-00363- budgetary impact analysis.pdf 04-00363- exhibit 1-tabulation of bids.pdf 04-00363- exhibit 2- fact sheet.pdf 04-00363- exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0259 CA.12 04-00364 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF NCI CONSTRUCTION CORPORATION, FOR THE PROJECT ENTITLED "ORANGE BOWL STORM WATER PUMP STATION UPGRADES (3RD BIDDING), B-5650C, " IN THE PROPOSED AMOUNT NOT TO EXCEED $278,127, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $278,127, FOR CONTRACT COSTS, PLUS $51,223 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $329,350, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00364- cover memo.pdf 04-00364- budgetary impact analysis.pdf 04-00364- exhibit 1-tabulation of bids.pdf 04-00364- exhibit 2-fact sheet.pdf 04-00364- exhibit 3-contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0260 CA.13 04-00365 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A CASH DONATION OF $47,701.30, FROM DADE AMATEUR GOLF ASSOCIATION, TO BE USED AS A MATCH TO AN AMERICAN DISABILITIES ASSOCIATION ("ADA") GRANT FROM MIAMI-DADE City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 COUNTY, TOWARDS THE PURCHASE OF AN ADA ACCESSIBLE WHEELCHAIR BUS AND THE IMPLEMENTATION OF A SUMMER CAMP FOR THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION PROGRAMS, FOR PERSONS WITH DISABILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE DONATION FOR SAID PURPOSE. 04-00365- cover memo.pdf 04-00365- budgetary impact analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0261 CA.14 04-00366 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF T. J. PAVEMENT CORPORATION, FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER REPAIR PROJECT, B-50712," IN THE PROPOSED AMOUNT NOT TO EXCEED $850,650, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $850,650, FOR CONTRACT COSTS PLUS $104,770 ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $955,420, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00366- cover memo.pdf 04-00366- budgetary impact analysis.pdf 04-00366- exhibit 1-tabulation of bids.pdf 04-00366- exhibit 2- fact sheet.pdf 04-00366- exhibit 3-contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0262 CA.15 04-00397 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BAME/GIBSON PARK IMPROVEMENT FUND" AND APPROPRIATING A DONATION OF $100, 000, FROM BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., FOR IMPROVEMENTS COMPLETED TO THE GIBSON City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 PARK FOOTBALL FIELD; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID DONATION AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00397- cover memo.pdf 04-00397- budgetary impact analysis.pdf 04-00397- letters from Parks.pdf 04-00397- community fields program.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0263 CA.16 04-00383 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI DADE COLLEGE GRANT FOR JOSE MARTI PARK RECREATION BUILDING" AND APPROPRIATING A GRANT AWARD IN THE AMOUNT NOT TO EXCEED $161,681, FROM MIAMI DADE COLLEGE FOR CONSTRUCTION OF THE NEW RECREATION BUILDING AT JOSE MARTI PARK AND/OR EQUIPMENT AND EDUCATIONAL SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00383- cover memo.pdf 04-00383- budgetary impact analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0264 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: Consent agenda. Commissioner Gonzalez: I'll move the consent agenda, Mr. Chairman. Vice Chairman Sanchez: Second. Chairman Teele: All right. It's been moved and seconded. Commissioner Gonzalez: Second it for discussion on one item. City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: For discussion. Discussion on any item on the consent agenda. Vice Chairman Sanchez: CA.16. Chairman Teele: CA what? Vice Chairman Sanchez: 16. Chairman Teele: Discussion on 16. Commissioner Gonzalez: And CA.7. Chairman Teele: Discussion on CA.7 and discussion on CA.15. Starting with CA.7. Commissioner Gonzalez: Mr. Manager, I'm looking at CA.7. Reading the item, this is an item to purchase building materials, and it's a piggyback, piggybacking on a Miami -Dade County contract, citywide. My concern is that I want to make sure that we are giving participation to minorities throughout the City ofMiami on the purchase of these materials. We have a lot of Hispanics that own companies that sell building materials, things and Afro-Americans that -- and other nationalities that are minorities in our City that sell building materials, and they employ our people, and they pay our taxes, and they pay their dues, so I want to make sure that there is an -- you know -- equal distribution of these monies that we're investing. Glenn Marcos: Commissioner Gonzalez, Glenn Marcos, Purchasing Director. The actual award is to various vendors and it is utilizing the Miami -Dade County contract. The actual vendors that were awarded this under the Miami -Dade County contract isA&B Hardware, which is located at 2851 Northwest 27th Avenue; Nachon Enterprises, Inc., located at 2477 West 4th Avenue in Hialeah, Florida; and Javon Lumber, located at 12721 Northwest 7th Avenue in Miami. Commissioner Winton: So two out of three? Mr. Marcos: Two out of three. Commissioner Winton: Are in the City? Mr. Marcos: Yes, sir. Commissioner Winton: Pretty good. Chairman Teele: You satisfied? Commissioner Gonzalez: So actually -- so we're buying from just one company in the City of Miami, right? Because one is in Hialeah. That's not the City ofMiami. Mr. Marcos: Two out of the three. Commissioner Gonzalez: The other one is in North Miami, according to the address that you gave me. Mr. Marcos: Two out of the three is within the City ofMiami, Commissioner Gonzalez. Commissioner Regalado: What do you mean, two out of three? One is in the City ofMiami. City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: One is in the City ofMiami. Commissioner Regalado: One is in the City, one in Hialeah and one in North Miami. Commissioner Gonzalez: Right. The only one that is in the City ofMiami is the one that is on 27 th Avenue and 29th Street. Mr. Marcos: That is correct. I apologize. A&B Hardware, which is located at 2851 Northwest 27th Avenue. That is correct. Commissioner Gonzalez: That is the only vendor that is in the City ofMiami. And let me tell you, I -- Commissioner Regalado: And what part of 27th Avenue? Because it may be on Melrose. Commissioner Gonzalez: On the east side, on the east side. Commissioner Regalado: On the east side? Commissioner Gonzalez: Yeah. That number is to the east. I know that we save a lot of time and a lot of red tape going on this piggybacking, but, you know, one thing that really concerns me is that on this type of procedure, I want to make sure that we benefit our business people and our residents, because at the end, they are the ones that pay taxes in the City ofMiami. They are the ones that pay all of your salaries. They pay all your dues, and they employ our people, so, you know, I don't think it's fair that we should be giving business to -- if we don't have a vendor in the City that can provide the services, then there is nothing we can do, but as long as we have vendors in the City ofMiami that can provide the services that we require, then we need to start giving participation to these businesses in the City ofMiami. Mr. Marcos: I understand, Commissioner. Just to offset that concern, be aware of the fact that this is a Miami -Dade County confract. It would be my understanding if it would be a Broward County confract, and therefore, we're not getting opportunities to Miami -Dade County vendors and the City ofMiami vendors, but please be aware of the fact that as part of the Miami -Dade County confract, they do give opportunities not only to the County vendors, but also to those vendors located within the City ofMiami. Commissioner Gonzalez: No, I don't -- I mean, I don't want to go into the dealing and wheeling ofMiami-Dade County, because that would take forever. It would take a whole day Commission meeting, so I just want to make sure. It's simple. It's very simple. I just want to make sure that the businesses in the City ofMiami get a fair share of the items that we purchase for the City government, because at the end, they are the ones that pay for City government. It's that simple. It's very simple. It's very straightforward. I don't think it's complicated. It's very simple. All right? Mr. Marcos: Thank you. Commissioner Gonzalez: Thank you, sir. Thank you. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: Yes, sir. Item CA.16I'm -- no, it's 16. I'm glad that we worked everything out with Miami -Dade Community College. My concern is at that park, that community center took four years to construct and we had the ribbon -cutting, and as of today, I believe it's been a couple of months -- maybe four months, if I'm not mistaken -- and still, the community center does not have an occupational license, and it's not open, and it just -- my City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 concern is that it really sends the wrong message when we focus on improving our parks and we build a great community center, but still, the doors are locked, and there's no one using it, so I just want to inquire as to what are the problems and why is -- why don't they have an occupational license, and why is it as of today, the community center is closed? So do we have anybody here from the -- Commissioner Gonzalez: I don't think you need an occupational license for a community center. Vice Chairman Sanchez: Well it's -- Commissioner Gonzalez: You need a certificate of use. Vice Chairman Sanchez: It's my understanding that they don't have an occupational license, or a certificate of use or whatever. It's closed. It's not open, and, you know, I have constituents calling, inquiring as to, you know, you built a nice facility. How come the doors are closed? I just think it sends the wrong message. Commissioner Gonzalez: Yeah, definitely. Vice Chairman Sanchez: So I just want to inquire as to why we have not been able to address that concern. Santiago, I brought it in front of the Commission, and not to put you in an awkward position, because I have the utmost respect for you, and I think you've done a great job for the parks, and since you came on board, we have made great strides in our Parks Department, but as -- I believe you are aware of the situation that the community center at Jose Marti Park as of today is not open, and I believe that the reason is that they have not been able to obtain an occupational license, and as I was stating to my colleagues and to all those that are here, present, and those observing us on Net-9, it's a beautiful facility that finally, after four years, it's constructed. It's a park that's being heavily utilized, and I am getting a lot of calls from my constituents saying, listen, you know, we're all glad that it's finally been constructed, but, you know, there's something wrong here. It's not open, so I want to see what is it the Parks Department -- when will you have the facility open for people to use it? Santiago Corrada: Good morning, Commissioners. Santiago Corrada, Director of Parks, City ofMiami. We have encountered a situation, Commissioner, with a water meter that we are rectifying. We have provided them with the funds necessary -- I believe it was nine thousand dollars -- to get the water connected, and then there was an issue with Florida Power and Light, where they had to move some electrical cables underground, in front of the building, so those two issues have delayed the opening. Those are beyond our control. We've been working with them. We're as anxious as you are to get it open, because we have a number of programs we're ready to launch at that park, so it is out of our hands, but we are every day checking on it, pushing them to make sure it gets done. They came out. There was a problem with the connection. There was about a two-inch differential between the meter and where they needed to connect it, so they're working on it. Vice Chairman Sanchez: When do you anticipate that the community center would be opened? Mr. Corrada: I would anticipate if the Water Department does what it's supposed to do that we would have it open before the end of this month. Vice Chairman Sanchez: Thank you. Mr. Corrada: Before the end of this month, and we need it open before the end of this month, because we have a number of activities -- We're kicking off our summer music series with an event at Jose Marti Park, and we have a number of programs that we need to launch there this summer, so it needs to be completed before the end of this month. City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: Thank you so much for your professionalism. Mr. Corrada: Thank you, sir. Vice Chairman Sanchez: Thank you. All right. Chairman Teele: Is the Budget Director here? Mr. Corrada, the issue that I've pulled or flagged is a donation. Santiago, the issue that I pulled is the donation of a hundred thousand dollars. The donor had specified that the money must go for Gibson Park, and originally, the intent was to do the football field. Football fields have been done now, so they had indicated to me that they wanted a proviso or other uses that the donor may agree to, so what I'd like to do is make sure that the resolution has the amendment that says other uses that the donor may specify or agree to in writing, if that's acceptable, but it's my understanding the football fields have been done. This was something that's gone back and forth for the better part of two years. This is BAME (Bethel African Methodist Episcopal). Mr. Corrada: Yes, Commissioner. Originally, the agreement was that it would serve as a reimbursement for work done to the football fields. However, if you would like that amendment for programming -- Chairman Teele: Well, that was what the donor said to me. I don't know, I mean. Mr. Corrada: Originally, the agreement was it was to serve as reimbursement for the work done on the fields. Chairman Teele: Well, if that's the case, then let's leave it like it is and come back on it. Mr. Corrada: Yes, sir. Chairman Teele: All right. On the consent agenda, all in favor -- is there further discussion? All in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. END OF CONSENT AGENDA MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-00425 DISCUSSION ITEM City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 MS. CAREY KANE, INTERIM EXECUTIVE DIRECTOR FOR TEACH FOR AMERICA TO ADDRESS THE COMMISSION CONCERNING THEIR MISSION OF MOBILIZING RECENT COLLEGE GRADUATES TO TAKE THEIR SKILLS TO THE CLASSROOMS OF UNDERPRIVILIGED SCHOOLS IN MIAMI. 04-00425- email.pdf 04-00425 - submittal.pdf Funder Update-submittal-2.doc SAT Commitment Miami-submittal-3.doc 2003 TFA Corps List-submittal-4.doc DISCUSSED Chairman Teele: Now, we have a number of items that are being requested to be heard. Commissioner Winton has a personal appearance -- let's see. Commissioner Winton: Ms. Carey Kane from -- Chairman Teele: Ms. Kane and -- Commissioner Winton: -- Teach America. Chairman Teele: -- and we want to pull that up. We also would like to make sure that the discussion on the homeless issue is taken up, because we've got people that are coming in making that presentation or monitoring that, and they'd like to have that heard, so we'll -- and that is a very important issue to the City, so without further ado, we'll take up the personal appearance and then the homeless issue. Commissioner Winton: Mr. Chairman, I had the opportunity to meet Ms. Kane recently. She came to my office, and I had no idea what Teach America was. It's an organization that's national in scope, but has a pretty significant presence in Miami -Dade County and in our City of Miami schools, and so I thought that -- I asked her to come give the presentation that she gave to me to all of you, just as an informational piece, and you all might each have some ideas in terms of how you might be able to better utilize Teach America in your districts through the school system. You might also have some ideas in terms of they're constantly recruiting new volunteers, so you might have some ideas in that regard, also, but I thought it would be worthwhile for each of you to hear what they're actually doing in our Miami -Dade County Public Schools, and in particular, the City ofMiami. Carey. Carey Kane: Thank you. Commissioner Winton: And we need your name and address for the record, also. Ms. Kane: OK. My name is Carey Kane. That's C-A-R-E-Y; K-A-N-E, and my address is 4706 Southwest 67th Avenue and 3 -- Miami, Florida, 33155, and that's my home address. Did you want my business address? Commissioner Winton: That's fine. Ms. Kane: It's OK. Thank you. OK. First of all, I'd like to thank Commissioner Winton and the City ofMiami for having me here for a special appearance. I am first going to tell you a little bit about my history, then Teach for America's history, and then Teach for America Miami's history to date. I was born and raised in Miami -Dade County. I'm a graduate of a Miami -Dade County public school. I went on to Northwestern University in Evanston, Illinois. I was recruited when I was a senior at Northwestern to do Teach for America. I did Teach for America in Phoenix in 1995. I taught for two years as a bilingual third grade teacher in the Phoenix inner city schools. City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 I taught in an elementary school that was there, and that experience has really changed my life and shaped my life in so many unanticipated ways, and my career path has eventually brought me back to Miami. I was working at Summer Bridge Miami for a couple of years and then now I'm the interim Executive Director of Teach for America. The next thing I want to talk about is Teach for America itself. Our goal is that one day, all children in this nation will have the opportunity to obtain an excellent education, so our immediate goal is, one, to provide highly qualified teachers into the school district; and our second goal is to -- our second goal is the mission for our alumni who will go on to become lifelong leaders for educational change. Teach for America was started in 1989 by Wendy Copp. When she was at Princeton University, her senior thesis was based on the idea of what if you take these young college graduates, straight out of school, with a lot of energy and motivation and what if we create a Teacher Corps, modeled after the Peace Corps? It's a very selective program. These are people who go in and want to make a difference, who want to be there. These are the people who are requesting to be in Miami Edison, Booker T., Central, Jackson and numerous other schools, so currently, Teach for America -- this is our -- this is basically our charter year. Hodding Carter was very instrumental in bringing us here. The Knight Foundation committed two hundred and fifty thousand dollars to bring our organization to Miami, and now into our charter year, we have 40 teachers teaching in ten schools within the City ofMiami and six schools in the outlying areas of Miami -Dade County, so we have 40 total teachers in 16 schools spanning the K-12 curriculum, and we also have ESE (Exceptional Student Education) teachers, as well. We recruit outstanding college graduates from all academic majors, and if selected into our program, they commit a minimum of two years to teach in the public school system that they go to. The next thing I want to talk about is the response to our teachers so far. The response from Miami -Dade Public Schools and from the local principals has been overwhelmingly positive. Miami -Dade Public Schools, in fact, called me up about a month ago and said, can we get more of your teachers here? Can we get as many as possible? Because these are the teachers who go to historically difficult to staff schools. We have -- the other part of our success is that we had out of our 40 teachers, 22 were nominated for the rookie teacher of the year award at their school, and of those 22, eight won, and of those eight, one of our schools -- one of our teachers, DeVaughn Lewis, who teaches at Brownsville Middle won rookie teacher of the year for his entire access center, which is approximately 50 schools, so that was extremely exciting first year success. Our current funders are the Knight Foundation, Wachovia, Washington Mutual, Miami -Dade County Public Schools. Miami -Dade actually commits fifteen hundred per corps member per year, because we save them money on recruitment, training and ongoing support. We also -- some of our other funders are Ocean Bank, the Rosenberg Foundation and the Malco Charitable Foundation, so basically, where we are to date is that Miami -Dade Public Schools does want to bring as many as 100 to 200 teachers here per year. We currently are only able to bring 50 teachers per year, and we would love to meet this need, but it's hard to see us going beyond the predetermined amount of 50 that we're bringing for next year when our funding base is not where it needs to be to support bringing that amount of teachers here per year. We are a proven organization in Chicago, Atlanta, Houston, Philadelphia and North Carolina. Those are some of the 20 regions that we're currently in. We do bring 200 teachers a year there, and I think Miami has the potential to bring that many teachers a year here. There is not as large of a corporate base here as in the other cities we're in, so our goal is to activate the people in the corporate base and the people in the individual given community, and our funders basically span from local money, federal money, foundations, corporations and individual giving. We have a couple of events on the horizon that may help us crack this difficult nut of funding in a first year of a non-profit, but we're still fearful of not meeting our funding needs, so I'm also going to -- before I continue talking about where we're at and what we need, Isabel Fernandez, who is the project manager of Wachovia, which is our national corporate partner is going to talk a little bit about what she's seen. She's actually visited Jose de Diego, seen five of our teachers in action there, and Jose de Diego is the primary school serving Overtown kids. Isabel Fernandez: Good morning. My name is Isabel Fernandez, Wachovia Bank, 200 South Biscayne Boulevard, Miami, Florida, 33131. What an exciting day to be here standing before City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 you on Bring Your Kids to Work Day, when we take the classroom and extend it out into private industry and to offices like these today. My excitement is Wachovia is coming into the classroom from the outside through partnerships, through funding, by bringing volunteers in. It's exciting to go into a school like Jose de Diego and see these teachers who have not taken the traditional route of certification or education and bring a passion and a dynamic that comes into that classroom that the children are finding and it becomes very contagious, so it's been very exciting . It's more exciting to hear people from the Dade County Public School System say, "We want more teachers. We want to more than double the amount of Teach for America teachers, " and the sad part is not finding the resources to be able to bring that to a reality, so I'm here to tell you that at Wachovia, where we find that education is such a priority and it's something that we work very hard to improve, we've been able to partner. On a national level, in 2002, we started this partnership with funding of over a hundred thousand dollars, and our golf championship in 2003, the Wachovia PGA (Professional Golfers Association) Championship benefited 100 percent the Teach for America Program, so our commitment is strong. What I'm challenged with, what Teach for America is challenged with as a partner is finding other corporate citizens, businesses to come in and join in a partnership, like we have. You speak to the principals at the schools, the assistant principals, just like I have, in visiting the programs, you'll see that these teachers are truly committed. They want to work in those areas that right now, it's sometimes difficult to find teachers for, and substitutes for, and they're in line, waiting to come here, so we're looking for your assistance in helping us find those ways to bring those teachers here. Thank you. Ms. Kane: Thank you so much. I'd like to actually, before I wrap up, open you all up to questions that you might have about Teach for America. Anybody? Commissioner Regalado: How do you pick the schools? Ms. Kane: Basically, the way it works is Cindy Sewell, who is Executive Director of Human Resources and staffing at Miami -Dade Public Schools, she sends out an e-mail in January saying -- it's a general principal survey, and then she says -- one of the questions on the survey is : Would you be willing to have Teach for America teachers at your school, and she attaches on that e-mail a description of who and what we are, and then based on the principal interest and the corps members we get, she matches them up into the different schools where -- like if they need a social studies teacher and we have a social studies teacher, they match them up. We do recruit from all academic majors, and so for instance, we heavily hit math and science classes at University ofMiami, and FIU (Florida International University) and Miami -Dade College. We basically fry to target those areas, because that is the highest need, is high school math and science teachers, and we've actually -- we had about 18 applicants from the University ofMiami this year, which was very exciting, and we're trying to up our numbers with FIU and Miami - Dade College, as well. Commissioner Winton: Wendy, I think that you covered it well, and you gave the Commissioners some good reading, and I appreciate you -- appreciate the time here, and I think you've given them information that they didn't understand, which is a new resource in our public school system, so thank you. Ms. Kane: Thank you so much, and I encourage you all in the funder update that we passed out, the second to last sheet has the Miami -Dade words of support, which are direct principals' quotes, the principal ofMiami Northwestern and Jose de Diego and a couple of others, really talking about the positive impact that our teachers are having at their school, and basically, as a final word, I'd just like to say that there is a demand and there is a supply, and what's missing right now is the resources to get those teachers here, and there are four ways that people can help. One is raising awareness for Teach for America. Number two is charitable support through our Sponsor a Teacher Campaign. It cost five thousand dollars to sponsor a teacher a year, and if a corporation ends up giving money, their employee volunteer base can certainly be City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 tutors and be as actively involved in our classrooms as they want, and then the final need is just leveraging materials for the classrooms. A lot of our teachers don't have construction paper, glue, regular photocopy paper and whatnot. We have a whole list, so Isabel and I are going to pass out these, and I welcome any, any support at all that people are interested in, in giving, so thank you very much. Commissioner Winton: Thank you. Chairman Teele: Further discussion, further comments? If not, thank you very, very much. We appreciate the presentation. Thank you. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 04-00431 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT FROM THE ADMINISTRATION ON RESIDENT APPLICATIONS FOR ALLEY CLOSURES IN R-1 AND R-2 AREAS PLUS STATUS OF RESIDENT ALLEY CLOSURE PROCEDURES IN R-3 AREAS. 04-00431- email.pdf DISCUSSED Direction to the Administration by Vice Chairman Sanchez to develop a public information campaign to let the residents of the City know that they can apply for this alley closures; further requesting that each property owner is contacted individually to inform them that they can apply for closure of residential alleyways. Chairman Teele: All right. Commissioner Sanchez, did you have another item -- you wanted to get a report on alley -- Vice Chairman Sanchez: Yes, sir. Once again, I attended a neighborhood meeting, and one of the concerns they were asking was on the alleyway closure that we have talked about numerous times here in the Commission, and basically, I just want to get a reportfrom the adminisfration where we're at on that, because it's my understanding that we did pass -- we took legislative action here to waive the Planning and Zoning application, which was, I believe two thousand, five hundred, and right now, what's on the table is just a five hundred dollar fee for the process that would require for us to give back -- give that land to the property owners. Let me tell you why I think it's a great idea. One, right now, as it is, the City does -- no longer picks up your trash or deliver all the stuff in the rear. We do it in the front of your property, so what the City did in the past many years ago, when I got here -- well, not many years ago -- six years ago was that the City basically demanded that the property owner maintain the property in the alleyway. Therefore, you couldn't use it, because you had a fence, but you had to cut it, and it really -- it put a lot of the property owners in a very awkward situation where they were being either given a warning or a fine because they didn't cut their grass, and that wasn't really smart to do, so the idea of giving that back also would alleviate people that have -- one, they want to add a pool, but did not have the necessary feet for the setback or do any improvements to the house. They could do it. Second, I think it would tackle in my district a lot of the concerns that we have with illegal units, and that's how they're getting back to those illegal units, using the alleyways to get to their units, so I think it's a win/win situation, but I think that the adminisfration needs to work a little faster to try to implement this, because I know that I'm getting a lot of calls pertaining to the problem, and I just want to hear from the administration where we're at on the matter. City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Who's giving the report? Stephanie Grindell: Stephanie Grindell, Director of Public Works. We received 15 applications during the 60-day period. Vice Chairman Sanchez: All right, let me stop you right there. Have you put out that we're doing it? Has there been any type of publication, any type of information through Net-9, letting people know that we are in the process of doing that? I don't think we have. Hs. Grindell: Not as far as I'm aware. Vice Chairman Sanchez: All right. Well, we -- you know, I think we need to do that. I think we need to put out a campaign, letting everyone know throughout the entire City, if you are -- your property abuts an alleyway and you are interested in obtaining half of that alleyway, there's a process. We need to inform the public, because right now, I don't think we're doing that. Chairman Teele: Commissioner Sanchez, as I understand it now, I think we want to be careful a little bit here. When we had this discussion before, the staff was asked to work with the Planning Department, Public Works -- Public Works in the lead -- and Community Development, CD, and the whole idea was in these areas -- we're talking about residential. Vice Chairman Sanchez: R-1, R-2. Chairman Teele: Residential only; not all, but residential, and especially in these CD target areas, these old CD target areas where you have a lot of this land that is just there that it's City land, but we're not responsible for it. In fact, in some cases, we're trying to penalize the -- Vice Chairman Sanchez: The owner. Chairman Teele: -- the property owner of the abutting land where, you know, the alleyway is owned by us, but we thought we had asked that Public Works, and CD and Planning get involved in this and come up with a zone, you know, where we've got a lot of these alleyways, and put it out there, and notice it, as he's saying. Vice Chairman Sanchez: And, Commissioner Teele, the City has not done that, and in the process, there are already 15 -- they received 15 applications when, really, we have not publicly informed everyone who could fall within the scope of the R-1, R-2. I know that R-3 continues to be a problem that I would like to address later on, because you got a problem. Some places, you have R-1, R-2, and in some neighbors you have an R-3. Hs. Grindell: Actually, I misspoke. We got 15 requests for applications, but we only received two applications. Javier Fernandez: Commissioner, ifI may. Javier Fernandez, Assistant to the Chief of Operations. With respect to the directive given at the last meeting, we have followed up on that request, and at this time are doing a physical inventory of all 220 alleyways in R-1 and R-2 zoning districts to assess whether or not they contain utilities. As we talked about the procedure that we've enacted, one of the issues was a number of these alleyways do contain either Water and Sewer or FP&L (Florida Power and Light) utilities at the moment. Part of the outcome I think that we all want to achieve is to make sure that when we turn over the right-of-way to the abutting property owner that they can, in fact, close off the space and absorb it completely. We want to make sure that we do not create a situation where, because of the use of the utilities, we cannot follow through to final implementation, to make sure there's no prohibition because of existing easements on them actually getting a permanent type offence to those areas, or enclose them or capture them as part of their existing property, so we are going through a physical City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 D3.2 04-00341 inventory. We expect it to take between five and six weeks, and we should be able to come back to the board with a full report and go through a massive closure procedure for those alleyways which do not have any utilities within the right-of-way. Vice Chairman Sanchez: And one of the questions is, when you do that study, you will contact each property owner who could apply for the alleyway closure, which is 50/50? Mr. Fernandez: Sir, we're going to go a step further, and in fact, go forward with a closure -- massive closure process for all those alleyways that we can -- in fact, do not have utilities right off the bat. That would be an advertised process. We are working with legal to understand what kind of notice requirements would be required, pursuant to that kind of a process, mimicking much of what was done in Hialeah, as an example, and we expect to have a better sense of that issue within a few short weeks. Vice Chairman Sanchez: And anyone who wanted an application, who would they contact? Mr. Fernandez: We're not contemplating using the alternative closure method at this time. We're looking at having a City -driven process where, in fact, the City would notice the closure and move forward in that fashion. Vice Chairman Sanchez: As long as you have a plan in place, that was my concern, because, once again, we attend meetings, and they ask questions, and then it was something I wanted to clear. Mr. Fernandez: Actually, if you'd like, I could forward to each of you a report in writing, just outlining where we are at this particular point in time. Vice Chairman Sanchez: All right. Mr. Fernandez: Thank you, sir. Chairman Teele: Thank you. DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT ON THE ORDINANCE PROHIBITING BICYCLES AND SIMILAR DEVICES ON SIDEWALKS OF CALLE OCHO: SPECIFICALLY, WHY PROHIBITION SIGNS HAVE NOT BEEN PUT IN PLACE AND WHY ENFORCEMENT ACTION HASN'T BEEN TAKEN. 04-00341- email.pdf 04-00341 - email - 2.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DEFER item D3.2 to the next meeting. (Although the motion to defer passed, on April 26, 2004, the Clerk received communication from Commissioner Sanchez's office stating that item D3.2 should have been withdrawn.) Vice Chairman Sanchez: Mr. Chairman, I do have one that I'm going to defer, and then we'll get -- I would like to defer D3.2, which is a discussion pertaining to the ordinance on the bicycle -- prohibiting bicycles on 8th Street. I'd like to defer that one -- Chairman Teele: There's a motion. City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: -- because I think Regalado would want to talk on that one, too, so we'll defer it till the next meeting. Chairman Teele: Motion. Is there a second? Commissioner Winton: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Mr. Attorney, put it on the meeting for the 24th that we're doing. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00432 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE PETITION DRIVE TO AMEND THE CONSTITUTION OF THE STATE OF FLORIDA TO IMMEDIATELY INCREASE THE AD VALOREM HOMESTEAD EXEMPTION TO $50,000; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 04-00432-cover memo.pdf WITHDRAWN Chairman Teele: OK. We've got a list of open items that starts with D4.1, PH.3. Where's the Parks Director? Commissioner Regalado: I have D4 here. Chairman Teele: OK. D -- what is D4.1? Commissioner Regalado: My district, blue page. Chairman Teele: Commissioner Regalado, D4-- what is D4.1? Commissioner Regalado: D4.1 is a resolution of the Miami City Commission supporting the petition drive to amend the Constitution of the State of Florida to immediately increase the ad valorem homestead exemption to fifty thousand dollars; directing the City Clerk to transmit a copy of this resolution to the officials designated herein. What this does is just symbolic support. There's no legislation, no -- this is not a binding resolution in terms of anything, other than support what is now almost finished, a state drive to place on the ballot in November the increase in the homestead exemption, which will benefit, in the City ofMiami 42,696 homeowners. Commissioner Gonzalez: Second. Commissioner Regalado: So move. Commissioner Gonzalez: Second. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Moved and second. Vice Chairman Sanchez: Discussion. Chairman Teele: Discussion. Did you have discussion, Commissioner -- Vice Chair? Vice Chairman Sanchez: Yes, I do, Mr. Chairman. I mean, that sounds great, but, you know, every time we do something like this, we need to take into consideration that for every action, there's a reaction, and when you talk about doing that, I believe that, you know, it's going to have an impact to this City of about nine point three million dollars, and that's something that we have to think about; taking into consideration that we don't want to be in a situation where we steal from Peter to give to Paul, and you know what I mean. Let me just state that we have committed to lowering the fire fee; we have committed to lowering the millage every year, and also we have frozen the garbage fee for the next five years for three hundred and twenty-five. I mean, this is -- this looks good and we could say that we could, you know, go ahead and give people fifty thousand dollars, butt want you to take into consideration that if it does -- if it does happen, we better be ready to come up with the money to offset the budget, so I -- you know, it's always nice to be -- you know, we have to think about the City's finances, and I hope that you could elaborate a little bit on this. It's a concern to me. Commissioner Regalado: Joe, there's nothing we can do about it. Vice Chairman Sanchez: What do you mean, there's nothing we could do about it? Commissioner Regalado: Nothing we can do about it. This is a state -- Vice Chairman Sanchez: I know. I -- listen -- Vice Chairman Sanchez: The state -- I mean, if they get the signatures, they can place it on the ballot. Vice Chairman Sanchez: Exactly. Commissioner Regalado: If they place it on the ballot, most likely, according to -- Vice Chairman Sanchez: It's going to pass. Commissioner Regalado: -- the poll, it's going to pass. Vice Chairman Sanchez: It's going to pass, but -- Commissioner Regalado: And remember that we keep asking the Budget Director, three or four months ago, you've got to be prepared for that. We've got to -- he did his homework. This is exactly what is going to happen: 42,696 homeowners are going to be benefit; the City is going to take a hit of nine point one million dollars. Vice Chairman Sanchez: Commissioner -- Commissioner Winton: And so we're going to raise their millage rate. Vice Chairman Sanchez: Commissioner Regalado. Commissioner Winton: We'll have to raise their millage rate. City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: But -- please, look. Commissioner Regalado: Well, I don't know. Vice Chairman Sanchez: No. I want you to think -- I want you to think that if it does happen -- and it probably will -- if they put it on the ballot, the voters are going to vote for it, but we need to be ready because, you know, we need to be fiscal responsible here. Years ago, this City got in trouble because we weren't fiscally responsible. We need to have into consideration a plan of action that if it does pass, there may be a poss -- there may be a situation that we're put on that we might have to raise the millage or we might have to find a way to come up with that money. Commissioner Winton: I don't think there's any question we'll have to raise the millage. Vice Chairman Sanchez: Well, I just want to state that for the record, you know. Commissioner Regalado: No, no, but this is totally different. What I'm saying here is, in support of the effort to get the thing on the ballot. I'm not saying here that, you know, we are going to have to raise the millage or do whatever. I'm just saying, in support of the ballot. Vice Chairman Sanchez: Commissioner Regalado, with all due respect -- and I know this is a -- it's a good step, acting in good faith to try to help this referendum pass, but I just want you to understand that there is a reaction for every action, and if we do -- Commissioner Regalado: I know that. Vice Chairman Sanchez: -- and if we do find ourselves in a situation where it passes, then we're going to be legislators here. We're going to have to sit here and find a way to come up with nine point three million dollars. Commissioner Regalado: Joe, of the five members of this Commission, I was the only one that was here when the City went into the crisis, so I know what you're saying. I know. I had to swallow very hard to make this issue, but this -- we cannot control this and, you know -- one argument will be -- well, a very simplistic argument will be, you know, if we're giving a hundred dollar -- a hundred million dollars to a developer, might as well give nine million to the residents, but that is a very simplistic -- Commissioner Winton: Well, not -- not only is it really not simplistic, it's false. Vice Chairman Sanchez: Yeah. Commissioner Regalado: Well, it's not false. Commissioner Winton: It's false. Commissioner Regalado: It is the same because it's money that we're not getting. Commissioner Winton: No, it's not. Commissioner Regalado: Yes. Commissioner Winton: Because the money -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Winton: -- from the developer -- City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: Mr. Chairman. Commissioner Winton: -- and we don't need to start that debate over again Vice Chairman Sanchez: We don't need this. Commissioner Winton: -- but the money on that development is not money that's coming from anywhere, except from those properties, if they get built only. Commissioner Regalado: Is these monies coming from these properties? It's the same, Johnny. Commissioner Winton: But they're already built and it's a part of our base. Commissioner Regalado: Oh, (UNINTELLIGIBLE). Vice Chairman Sanchez: My -- Commissioner Regalado: That's a very -- but, you know -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: -- look, I just think that this City, being the most important City in the State of Florida, must, in any way, take a stand on this. It's very -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: It's very simple. Chairman Teele: Yes. Commissioner Winton: Are you suggesting we stand in opposition to it? Commissioner Regalado: You can vote it down, and then we will be opposing. Vice Chairman Sanchez: No. Mr. Chairman, ifI may, please? Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: Commissioner Regalado, I'm prepared to support the resolution. I just want you to know that it has fiscal impact to this City. Commissioner Regalado: Joe -- Vice Chairman Sanchez: And I just want to -- and you know what? No, I retract my statement. I tell you what, if the City has a plan already that tell me how they're going to come up with the nine point three million dollars, then I will support this resolution, because it's going to put us in a situation where I think that you're going to steal from Peter to give to Paul, because you'll be deceiving the public when you tell them, "We're going to lower your millage." I mean, "We're going to give you twenty-five thousand dollars additional tax exemption. We're going to lower your taxes, but guess what? We're going to have to raise your millage." Because we have committed ourselves -- and we need to be very honest on this -- we have committed ourselves to reducing the fire fee, which you have taken the leadership on that. This legislative body, because of the bond issuance, committed to keeping the solid waste frozen for five years, which is three hundred and twenty-five dollars. We subsidize eight million plus dollars every year for trash, City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 and I guarantee you, it's one of the best services in the State of Florida. The other thing is that we've also committed every year to lower the millage, and we need to be fiscal responsible. Commissioner Regalado: Joe, this resolution is not about the options that we have if this thing passes. This resolution is just about the idea that it's going around the State of Florida. After it passes, or if it not passes, but if it passes in November, then the City will have to start figuring out, you know, the things that we need to do, but the resolution doesn't have to do anything at all with the actions that the City will or must take in case of this now. If this goes to the ballot, we have to tell the people the truth. We have to go out and say to the people, you know, "The City has this, these options," and the people should know. That's all. That's all I'm saying. This is not -- Chairman Teele: IfI could. Commissioner, I agree with your political wisdom and I think you've been very consistent. You oppose virtually every revenue enhancement that has come before this Commission, since I've been privileged -- Commissioner Regalado: No, revenue enhancing on tax. Chairman Teele: OK, tax. If you want to make it very simple, taxes, and fees. Commissioner Regalado: And fees. Chairman Teele: And fees, and so I don't take any offense with what you're saying and doing. However, I think we send the wrong message by, first of all, weighing into this, because if you're going to weigh into this, we have to be able to say that we're going to make up the lost fees -- the lost revenue. The lost revenue is estimated at about a half to three quarters of a mill. Commissioner Regalado: Right -- Chairman Teele: -- and you'll be the first one to oppose the increase in the millage rates. Commissioner Regalado: Absolutely. Chairman Teele: I mean -- absolutely, right? Commissioner Regalado: Absolutely. Chairman Teele: So, you're putting us in a very, very well thought out trick in which, if we support you, you know, we're going to then wind up having to oppose you when it comes up with the money, and I would support this if it contained a proviso that the Commission further resolves to make the revenues up that are going to be lost, because we're going to lose revenue. It's going to be at least -- do we have a number from the Budget Office, yet? Vice Chairman Sanchez: Nine point three million. Commissioner Winton: Nine point three million. Chairman Teele: Nine, 10 million. Joe Arriola (City Manager): Nine point two. Vice Chairman Sanchez: Half a mill. Larry Spring: Larry Spring, Chief of Strategic Planning and Budgeting Performance. Based on the rough calculations, we did in our scenarios, it was going to be about nine point three million City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 dollars in tax revenue. Chairman Teele: At least a half a mill. Mr. Spring: At least a half a mill. Actually, about point six mills. Chairman Teele: And that's where we are, and if you support this, you basically are supporting increasing the millage rate by -- Commissioner Regalado: No, no. Commissioner Winton: Yeah. Commissioner Regalado: No. Chairman Teele: Well, what are you recommending (INAUDIBLE) ? Commissioner Regalado: In your home, either -- when you have a situation, either you reduce expenses or you increase income. Reducing expenses means reducing the expenses of the City. Increasing the income means raising the millage or the fees. It's very simple. It's either or that. Commissioner Winton: Could -- mayl weigh in for one moment, Mr. Chairman? Just so you know, Mr. Chairman, I am one hundred percent opposed to making any recommendation whatsoever that suggests to anybody that would be in favor of this new twenty-five thousand dollars homestead exemption. I am radically opposed to the idea of this extension going on statewide, period. As an individual, and as a Commissioner, I would vote against it, period. Chairman Teele: And it's going to kill the small cities. Vice Chairman Sanchez: It's going to kill the small cities. Chairman Teele: It's going to kill -- I mean, cities like Opa Locka, they probably won't survive. I mean, Opa Locka's at the nine point seven, nine point eight -- Commissioner Regalado: Opa Locka will lose a hundred and eighteen thousand dollars. Chairman Teele: Yeah, but they're already at nine point something mills. I mean, they don't have anywhere to go. Vice Chairman Sanchez: Call the question. Commissioner Regalado: I tell you what, don't call the question because it's not necessary to put members of the Commission in this and that and opposing, because people will never see the whole debate and -- Chairman Teele: They'll just get one little line. Commissioner Regalado: -- they just get one line, so and so is opposed to -- But tell you something, we keep seeing that Miami's growing, that Miami is growing, that construction, that the tax base is increasing. Well, guess what? The residents have to share the wealth, you know. We have to start thinking in ways to bring back to the residents what we impose to the residents because I remember very well, when we had to raise the garbage fees, the fire fees were invented -- created, the supplemental fire fee -- Commissioner Winton: The parking surcharge. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: -- the parking surcharge, and the people ofMiami took it and they even voted to keep Miami so we can keep increasing their taxes, and, you know, I'm -- Chairman Teele: But we froze the garbage fees. Commissioner Regalado: Yeah, sure. Commissioner Winton: And lowered the millage. Chairman Teele: And lowered the millage. Vice Chairman Sanchez: Yeah. Commissioner Regalado: Art, but it's not about that. It's -- what I'm saying is that the people of Miami have taken the brunt. Now, we are saying that we are wealthy, that -- and the people need to share the wealth. That's all I'm saying. Chairman Teele: You're going to withdraw the item? Commissioner Regalado: Yes, sir. Chairman Teele: Thank you. OK. May I just make one final observation, Commissioner Regalado? The most impressive statement that was made about the Midtown Miami, that Linda Haskins made, for the first time, was the real fruth about how long it takes for development to hit the tax rolls. You remember the -- we were talking -- when we had a different Mayor and the whole deal was going to be, the City was going to, you know, have all the development and next year everything's going to be different? Commissioner Regalado: Right, right. Chairman Teele: This development doesn't hit the tax rolls for another three years, not -- huh? Unidentified Speaker: 2007. Chairman Teele: Huh? Unidentified Speaker: 2007. Chairman Teele: 2007, so that's -- we're in 2004 right now. The first time you will see any money in the tax rolls is three years, assuming they move right away, and that's a realistic picture. That's why all of that malarkey on Watson Island, where everybody's saying, "we're going to get this money" and all of that, you know, that money is seven years away, so I do think that there's a lot in the pipeline. I mean, there's -- clearly, your point is well taken, but the real development that we're approving now will not hit the tax rolls for three to five years, and we need to be very mindful of that and we need to explain that to the constituents. Commissioner Winton: Right. Commissioner Regalado: And we need not to play with dreams and go out and say, you know, we want to build this; we want to do this; we want to build a second floor in the City; air condition downtown, because that is the reality. You know, we still have problems, but the fact of the matter is again, the perception out there is that the City is enjoying the wealthiest time in its history. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All right. Vice Chairman Sanchez: All right. Chairman Teele: Thank you for keeping the -- thank you very much for your collegiality. I know you'll be on radio tonight expressing your clear views -- Commissioner Regalado: Not tonight, tomorrow. Chairman Teele: Tomorrow. -- expressing your clear views on the subject. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR PUBLIC HEARING PH.1 04-00370 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "TRAPP ESTATES, "A SUBDIVISION IN THE CITY OF MIAMI ("CITY") OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND IN THE PROVISIONS CONTAINED IN SECTION 55-8, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-00370- cover memo.pdf 04-00370- budgetary impact analysis.pdf 04-00370- public works notice memo.pdf 04-00370- public works notice .pdf 04-00370- public notice memo.pdf 04-00370- public notice .pdf 04-00370- exhibit 1-legal description.pdf 04-00370- exhibit 2- new tentative plat.pdf 04-00370- exhibit 3-report of record plat.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0266 Chairman Teele: Public Hearing Number 1, Trapp Estates plat. This is a public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward? Where is the Public Works Director? Trapp Estates plat. Madam Director, what are we doing? City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: So move. Vice Chairman Sanchez: Second. Chairman Teele: Moved and seconded. Madam Director. Stephanie Grindell (Director, Public Works): We recommend approval. Chairman Teele: Stephanie? Ms. Grindell: I'm sorry. Stephanie Grindell, Director of Public Works. Chairman Teele: All right. We have a recommendation with a motion and second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." PH.2 04-00371 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CORAL STATION AT BRICKELL WAY," A SUBDIVISION IN THE CITY OF MIAMI ("CITY") OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-00371- cover memo.pdf 04-00371- budgetary impact analysis.pdf 04-00371-public works notice memo.pdf 04-00371-public works notice .pdf 04-00371-public notice memo.pdf 04-00371-public notice .pdf 04-00371-exhibit 1-legal description.pdf 04-00371- exhibit 2-new tentative plat.pdf 04-00371- exhibit 3- report of record plat.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0267 Chairman Teele: PH.2. Public hearing on the Coral Station at Brickell Way plat. Coral Station at Brickell Way plat. This is a public hearing. Any person desiring to be heard should come City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 forward. There are no persons coming forward. The public hearing is closed. Madam Director. Stephanie Grindell (Director, Public Works): We recommend approval. Vice Chairman Sanchez: So move. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. PH.3 04-00391 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES, AND APPROVING A CONTRACT WITH ALTMAN WEIL, INC. , IN SUBSTANTIALLY THE ATTACHED FORM, AS A CONSULTANT FOR PERFORMANCE REVIEW OF THE OFFICE OF THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $78,000, PLUS COSTS, AS SET FORTH IN THE CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00391-cover memo.pdf 04-00391-public notice.pdf 04-00391-exhibit 1- revised proposal.pdf FAILED A motion to approve item PH.3 FAILED by the following votes: Mover: Commissioner Winton Seconder: Vice Chairman Sanchez Ayes: Commissioners Winton, Sanchez, Teele Nays: Commissioners Gonzalez, Regalado Chairman Teele: All right, PH.3. Mr. Attorney. This is a public hearing. Who's the -- who's PH.3? Alejandro Vilarello (City Attorney): PH.3 is the waiver of competitive bids and the review of -- by Alhnon Wilde, a consultant, Best Practices Review of the CityAttorney's Offices. Commissioner Regalado: Mr. Chairman. Chairman Teele: All right. This is a -- yes. City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: It's a four fifths. Chairman Teele: Huh? Vice Chairman Sanchez: It's a four fifths vote. Commissioner Regalado: Mr. Chairman Chairman Teele: Yes. Commissioner Regalado: Several months ago, the City Commission asked me to meet with the City Attorney and the City Clerk to negotiate their package, and what I brought to the City Commission, it was approved by five votes. I personally -- I personally -- and this is my personal opinion -- I personally think that this is about the City Attorney. Is it about -- this is about the study of the City Attorneys? OK. I personally think that spending seventy-eight thousand dollars to review an office, whose City Attorney was ratified by five votes, whose City Attorney was given what was proposed in terms of his package of compensation by five votes, it's sort of a vote of no confidence. I cannot vote for this because, you know, we have the power -- the only power we have here is to say to the City Attorney, we don't like you. We don't like how you look, and we're going to fire you. We cannot do that with the Manager, but we can do that with the City Attorney or the City Clerk, so if we don't like him, we have to get rid of him, and to me, I would rather spend seventy-eight thousand dollars reviewing the Police Department. Vice Chairman Sanchez: What? Commissioner Regalado: Reviewing the Police Department. Commissioner Gonzalez: I think I support you in that. Commissioner Regalado: No. Reviewing the Police Department, and you know why? Commissioner Gonzalez: As a matter of fact -- Commissioner Regalado: You know why? Commissioner Gonzalez: -- not seventy-eight thousand. I support you with a quarter of a million. Commissioner Regalado: -- because we have -- Commissioner Gonzalez: I support you with a quarter of a million. Commissioner Regalado: -- a line of communication with the City Attorney, and the Police Department is a world of apart. Vice Chairman Sanchez: Hey, are we -- are we waiting this late for the fireworks? Chairman Teele: Come on, guys, let's -- Commissioner Regalado: Look, Joe, it's very easy. I'm just explaining that I will be voting no. Vice Chairman Sanchez: All right. Commissioner Regalado: I think it's unfair to do this because it's a vote of confidence. It's like saying, let's review the office of the City Manager. We have confidence in the City Manager. City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 The Mayor has confidence in the City Manager. Why not review the office of -- the way the office of the City Manager work? So I have confidence in the City Attorney. I have confidence in the City Clerk, so you know, I don't see the need to spend close to one hundred thousand dollars, especially when we're going to be nine million short come December, reviewing the office of the City Attorney. I mean -- Chairman Teele: Now, guy, it's getting late now. Do you all want to vote -- Commissioner Regalado: Get a piggy and start putting -- Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Commissioner Winton: I guess I see this a little differently. The CityAttorney's Office is a large, very significant office. I have total confidence in Alex, but I don't know how major law firms work, and I think it's smart of us to bring in a consultant to look at best practices, organizational structure. It's for his benefit, and it helps Alex -- Vice Chairman Sanchez: And the City. Commissioner Winton: -- and the City figure out how -- whether or not we've got best practices, whether or not there's some new ways we can make things work more smoothly, maybe save money. I just think it's a very valuable exercise, and we should be, Commissioner Regalado, doing the same thing in all departments throughout the City, and it ought to be done on some relatively routine basis, whether it's Fire or Police or the City Manager's job or Personnel or Purchasing, whatever. I think this is one of those things that we ought to, from a public policy standpoint, be doing routinely, so I'm very much in favor of this action. Mr. Arriola: For what it's worth, we are doing that throughout the whole City. We're going through a whole business process review in the whole City, if that means anything. Commissioner Gonzalez: May I? Chairman Teele: All right. All right. This is a public hearing. Any person desiring to be heard should come forward. The public hearing is closed. This the public hearing, right? OK. Commissioner Gonzalez. Commissioner Gonzalez: Yeah, but we are doing revisions throughout the City, right, throughout all the departments? I remember, probably two years ago, Commissioner Winton recommended to hire a company to do a study of the City Miami Police Department. Was that ever done? I don't think so. Commissioner Winton: Actually -- Commissioner Gonzalez: I have to have the answer. No, it wasn't done. Commissioner Winton: No, no. Well, the study that I recommended was tied to total personnel, citywide; pension, salaries, all of that jazz, and what I understand -- because I asked this question the other day -- and I told -- because I got some sort of answer -- I think it was at our last Commission meeting, because I said that I want to meet with Linda, because -- I asked Linda Haskins, I said, are we finished with that analysis because it's a citywide analysis tied to long- term costs associated with our City? And she said, we're almost finished and I have a lot of the data, and I said, I want to meet with your before you're finished because I want you to walk me through it, and I haven't -- we haven't set that meeting up yet, butt will get that meeting set up City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 within two weeks so that have the answer to that question. Chairman Teele: All right. Now -- Commissioner Gonzalez: Let's go to the item. Chairman Teele: All right, now -- Commissioner Winton: But it took three years, as you said, Commissioner Gonzalez, to get it done. Chairman Teele: All right. We're going from here to -- Vice Chairman Sanchez: PH3. Chairman Teele: -- the budget ordinance. All right, PH.3. Is there a motion? Commissioner Winton: So moved. Vice Chairman Sanchez: Second. Chairman Teele: All in favor, say "aye." Commissioner Regalado: No. Chairman Teele: All opposed? Commissioner Regalado: No. Commissioner Gonzalez: I oppose. Chairman Teele: Huh? Commissioner Gonzalez: Opposition. Chairman Teele: All right. The item fails. Commissioner Gonzalez: OK Chairman Teele: Next. Commissioner Winton: How did it fail? Vice Chairman Sanchez: Item failed? Oh, you're voting "no?" Commissioner Winton: I thought it passed. Commissioner Gonzalez: I'm voting no. Vice Chairman Sanchez: Madam Clerk, roll call. Commissioner Gonzalez: Yeah, roll call. You know, some people -- Vice Chairman Sanchez: Don't hide -- City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: In the County, what they do is they get out of the kitchen when, you know -- I don't like to get out of the kitchen. I like the heat, so I'm voting no. Chairman Teele: Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Chairman Teele: All right. That's it. Let's don't -- let's go on to the next issue. Commissioner Regalado: That's it. Chairman Teele: All right. Next thing is SR. -- Commissioner Regalado: SR.1. Commissioner Winton: Wait, wait, wait. I want to finish roll call. Chairman Teele: Huh? Commissioner Winton: I want to finish roll call. Chairman Teele: OK. Three -- 3 to 2. Commissioner Gonzalez: 3 to 2. Commissioner Winton: OK, thank you. Chairman Teele: All right. 3 yeses, 2 nos. It fails. All right, so let's go to SR -- Vice Chairman Sanchez: No, 3 nos, 2 yes. It fails. Chairman Teele: 3 yeses, 2 nos. It fails. Commissioner Gonzalez: It's a four fifths. Chairman Teele: SR.1. Commissioner Winton: Oh, we're four fifths. 3:00 P.M. PH.4 04-00373 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE OF VACANT CITY -OWNED REAL PROPERTY LOCATED AT 1611 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, IN THE OVERTOWN NEIGHBORHOOD, TO NHDC BARCELONA, INC., A NOT -FOR -PROFIT CORPORATION, FOR THE DEVELOPMENT OF AFFORDABLE HOMEOWNERSHIP HOUSING, WITH PARCEL REVERTER PROVISIONS; City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00373- cover memo.pdf 04-00373- public notice.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item PH.4 to the next Commission Meeting. Vice Chairman Sanchez: -- meeting. He will be here soon, so we'll go ahead and proceed. I believe we have two items that the City Manager has requested to defer. That's PH.4 and I believe RE. 2. City attorney? Is there anyone here from the City Manager's office? Commissioner Winton: Well, RE.2 was already taken up, so I don't know how we're going to defer. Vice Chairman Sanchez: RE.4. Commissioner Winton: I'm sorry? Priscilla A. Thompson (City Clerk): That was deferred earlier. Vice Chairman Sanchez: OK, so PH.4 and RE.4 will be deferred to the next meeting. Ms. Thompson: Vice Chair, Vice Chairman Sanchez. Vice Chairman Sanchez: Yes. Ms. Thompson: RE.4 was deferred earlier. Vice Chairman Sanchez: OK. All right. Mr. City Attorney. Ms. Thompson: I'm sorry. Can you turn your mike on, please, Alex? We can't hear you. Alejandro Vilarello (City Attorney): The City Manager requested that Item PH.4 be deferred to your next meeting. Commissioner Winton: I thought we did that this morning. Mr. Vilarello: No. It's a specially set item at 3 o'clock. Commissioner Winton: Oh, OK Mr. Vilarello: So it was not deferred until such time as -- Commissioner Winton: Until now. Mr. Vilarello: -- the public who might have attended. Commissioner Winton: So move. Mr. Vilarello: OK, so PH.4 to the next meeting. Commissioner Gonzalez: Second. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Vilarello: And I would like to request that the two executive sessions -- Commissioner Winton: We got a motion and a second -- oh. Mr. Vilarello: -- the two executive sessions be deferred to the second meeting in May. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Ms. Thompson: I'm sorry. I did not hear a vote on the -- Mr. Vilarello: PH.4? Ms. Thompson: Thank you. Chairman Teele: All in favor of the motion relating to PH.4, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed? Mr. Vilarello: And the PH.4 item would also be for a 3 o'clock special set. Chairman Teele: For when? Ms. Thompson: I'm sorry? Mr. Vilarello: At your next meeting. Commissioner Regalado: Next meeting is the 29th. Mr. Vilarello: Well, you guys haven't established that yet. Vice Chairman Sanchez: We haven't established that yet. Mr. Vilarello: That's why I'm using the next meeting as a reference. Commissioner Winton: Yeah, we discovered after you left that none of us are sure what we really -- so we -- Chairman Teele: But the 29th meeting is not a regular meeting. It's a special meeting, so he said the next regular meeting. Mr. Vilarello: The executive sessions I specifically requested to May 27th. The one I'm referring to as the CDBG (Community Development Block Grant) item would be referred to your next meeting, whenever you determine the next meeting. Chairman Teele: Next regular meeting. We have a motion and a second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second. The motion is already on the floor. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Is there a second? All those in favor -- Commissioner Winton: Second. Chairman Teele: -- say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? PH.5 04-00374 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE -OBLIGATION OF HOME INVESTMENT PARTNERSHIP HOME) FUNDS IN AN AMOUNT NOT TO EXCEED $750,000 FROM CORAL EAST DEVELOPMENT, CORP. AND AN AMOUNT NOT TO EXCEED $750,000 FROM RJM LEJUNE PROPERTIES INVESTMENTS, INC. FOR A TOTAL AMOUNT NOT TO EXCEED $1.5 MILLION AND REALLOCATING SAID FUNDS TO THE LITTLE HAVANA HOME OWNERSHIP TRUST. 04-00374- cover memo.pdf 04-00374- public notice.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0272 Chairman Teele: Now what we'd like to do is resolve the Community Development meeting, because we do have a signer, so let's call -- if it's all right with everyone, can we call the 3 p.m. CDBG (Community Development Block Grant) items? Barbara Rodriguez (Director, Community Development): PH.5. Ready? Barbara Rodriguez, Department of Community Development. PH.5 is basically, on March 19th, the City Housing and Commercial Loan Committee de -obligated a million five of two developers that had requested it, and we're requesting your approval to transfer it to the Little Havana Homeownership Zone. 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. Motion by Commissioner Sanchez? Vice Chairman Sanchez: Yes, sir. Commissioner Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Is there objection, discussion? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Mr. Chairman, ifI may. I just want to take this opportunity to thank Community Development and all those that are laboring and putting yourself in the support on City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 supporting the Little Havana Homeownership Advisory Board, and based on the window of opportunity that we have, we are moving expeditiously, as fast as we can to try to obtain the money to fry to -- you know, fry to put hands in keys for homeowners in Little Havana. Thank you. PH.6 04-00375 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE -OBLIGATION OF HOME INVESTMENT PARTNERSHIP ("HOME") FUNDS, IN AN AMOUNT NOT TO EXCEED $3,600,000, FROM THE MODEL CITY HOME OWNERSHIP TRUST AND REALLOCATING SAID FUNDS TO THE DISTRICT 5 HOUSING INITIATIVES PROJECT FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. 04-00375- cover memo.pdf 04-00375- public notice.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0274 Barbara Rodriguez (Director, Community Development): PH.6 is basically at the City Commission meeting ofMarch 25th, the Commission directed the administration for a de - obligation of three point six million dollars in HOME (Home Investment Partnership Program) funds from the Model City Homeownership Trust and reallocating such funds to District 5 Housing Initiative Project, and this is that item. Commissioner Winton: So move. Commissioner Regalado: Second. Chairman Teele: Before we do that item, let me ask your indulgence. Let's defer that item for one second and do PH 7. Ms. Rodriguez: OK Chairman Teele: So that the Commission is clear on how these relate. Ms. Rodriguez: OK Chairman Teele: Now we had the discussion on PH.6. Ms. Rodriguez: Correct. Chairman Teele: And this is a public hearing on PH.6, which is the Housing Initiatives Program . There are no persons coming forward, and the public hearing is therefore closed. By way of explanation, Commissioners, we are studying the feasibility of fulfilling the promise of Town Park Village by giving the residents the option of buying these units out. In other words, we are going to work with BAME, and with federal HUD (Department of Housing and Urban Development), and with local HUD, and with Barbara's office, the CD (Community Development ) office to see if these units can be converted. We don't know if they can be or not. We know legally they can be, but the first thing is that the residents have to understand and agree to -- want to convert. If they convert, it is our envision that we would make substantial improvements City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 to each and every unit, and each unit would then wind up with a second mortgage which would be a forgivable second mortgage, just like we do in our homeownership programs. Ms. Rodriguez: Right. Chairman Teele: We would imagine that those second mortgages would be substantially less than what the law allows, which is forty-five thousand; is that right? Ms. Rodriguez: The law -- they are basically three -bedroom apartments, and three -bedroom, we can go as high as fifty -some thousand dollars, so we are going to be doing much less than what the regulations allow. Chairman Teele: So -- and it's a question of availability of money, but this three point six million dollars -- so it's very clear to everybody -- is being targeted for the Town Park Village Complex to assist them in being able to make that decision. I want to make one statement that is not related to Town Park Village, but it is my intent to attempt to ameliorate any negative connotations if and when and should the Crosswinds project be brought forward by this Commission making a commitment at least for 150 houses, so while the two projects are not in any way tied together, it is my intent to ensure that at the end of the day, at the end of the year, there is the opportunity for 150 families in Overtown to own their own homes that currently don't do it, so it's going to be up to the residents, it's going to be up to federal HUD, it's going to be up to local HUD and Community Development, but we're hoping that you all will be able to get back to us within a 45- to 60-day window to make that determination, because we do intent to move the Crosswinds project for discussion and action within the next 60 days. Ms. Rodriguez: We did have a meeting, Department of Community Development, in Commissioner Teele's office on Tuesday with all the residents of Town Park, and we did explain to them that we will start working with them as soon as next week in reference to eligibility and documentation, so we're moving very fast on that direction. Chairman Teele: But each unit will have to have its own determination as to the amount of dollars -- Ms. Rodriguez: Correct. Chairman Teele: -- that are needed to bring those units up to code and up to the standards. Ms. Rodriguez: We are starting on Monday to determine, apartment -by -apartment, what is needed per apartment. Chairman Teele: And in full disclosure, it is also our intent that the existing mortgage with HUD would be retired. Ms. Rodriguez: That's exactly one of the issues that we discussed with them on Tuesday. Chairman Teele: OK. So it could very well mean that out of all of this, there could be 150 new homeowners in our community. With that, Commissioner Winton, would you care to move the item? Commissioner Winton: I would be glad to. So moved. Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Second by Commissioner Sanchez. Is there discussion or objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? I want to be very clear to the residents. This three point six million dollars is being moved into a reserve account. It is not being given to anybody. It is reserved for use for homeownership. If somebody else comes in and comes up with a program or something, then maybe, you know, we'll have to deal with that at the same time, but the fact of the matter is the goal and intent is to give the Town Park Village residents the opportunity to make the decision, and there's three point six million dollars been put aside as of this action today for the benefit of that neighborhood, so I think you all should break the City Commission rules and give my colleagues a hand for supporting you. (APPLAUSE) Chairman Teele: All right. We don't allow that here, so. Leonard Jones: Thank you. Commissioner Winton: Out of order. Chairman Teele: Out of order PH.7 04-00376 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT NOT TO EXCEED $200,000, FROM THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") HOUSING PILOT PROGRAM AND REALLOCATING SAID FUNDS TO BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. ("BAME"), TO CORRECT HOUSING QUALITY STANDARDS VIOLATIONS AT THE TOWN PARK APARTMENTS BUILDING, LOCATED IN THE OVERTOWN SECTION OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BAME, FOR SAID PURPOSES. 04-00376- cover memo.pdf 04-00376- public notice.pdf 04-00376- exhibit-agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0273 Barbara Rodriguez (Director, Community Development): PH.7 is -- also comes from basically the same meeting. At the City Commission meeting ofMarch 25th, the Commission was advised of numerous housing quality standards violations at the Town Park Apartments. Town Park Apartments is a 151-unit building located in the Overtown area, and basically, this is giving two hundred thousand dollars to BAME (Bethel African Methodist Episcopal) so that BAME can City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 help them meet and come into compliance. Otherwise, they will have serious violations with USHUD (United States Department of Housing and Urban Development), and it will cause them some issues, and even displacement. The two hundred thousand dollars are coming from the CRA (Community Redevelopment Agency) Housing Pilot Project, and it's going to be reallocated to BAME Development Corporation, and basically it is to do the necessary repairs that are needed in their apartments. Chairman Teele: OK, now, this relates to the Town -- Ms. Rodriguez: Park. Chairman Teele: -- Park. All right. This is a public hearing. Any person desiring to be heard on this item should come forward at this time. Now, let's don't have any more than three people - - four people come forward. Let me -- if-- everybody that's here on this item please stand. Ms. Rodriguez: Yes. Chairman Teele: All right. Thank you very much. Who's going to come -- who's the chairman of the board? If you all would just line up, please. No, right here, sir. Leonard Jones: How are you doing? My name is Leonard Jones. How are you doing, Commissioner? Chairman Teele: Pull that right up to you. Mr. Jones: How are you doing, Commissioners? My name is Leonard Jones, the President of Town Park Village. I'm here requesting financial assistance to help Town Park Village due to a lot of property damage and stuff like that, so if you please, can you help us, you know, with that? Lillian Slater: Good afternoon to the Commissioners. We was here during March 25th-- Priscilla A. Thompson (City Clerk): I'm sorry. We need your name for the record, please. Ms. Rodriguez: Name. Chairman Teele: Your name and address for the record. Ms. Slater: Oh. Lillian Slater, the Vice President of Town Park Village, 1640 Northwest 4th Avenue, Apartment 10-C. Commissioners, that we was here prior to March the 25th asking for some funds to help Town Park Village, and we are asking you today to please help us get out of this mess we are in, and anything that you all can help us do, please help us. We have 151 units. We have children, and we ask that you all help us, that we won't be on the street. Thank you. Elsie Hubbard: My name is Elsie Hubbard, and I live in Town Park Village, and I'm the secretary or the treasurer. We was down here and asked for funds to repair the units. FHA ( Federal Housing Authority) give us like two weeks to get all the work done or let -- if we didn't get the repairs done, we wouldn't -- they'll foreclose on us. We have approximately 23 units that need immediate -- immediate attention now, and appreciate it very much for these funds. I been living out there for 33 years, and we been run around by different management and things, and you know, they won't let us run our own places, so we really need the help now so we can finish this project before they come there. Our property is very valuable, and we want to keep it. Thank you very much. Linda Watson. My name is Linda Watson. I live in 1670 Northwest 4th Avenue, Apartment 12- A, in Town Park Village. When I came to this country, I been living in Overtown, and I wouldn't City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 like to move from Overtown. I will glad, Commissioner, if you could help us to stay where we are, because we need it. We been asking for help for the longest year after year. I hope this time we get the help we need, and I thank you very much for hearing my words. Thank you. Bill Mauzy: Commissioners, I'm Bill Mauzy, President and CEO (Chief Executive Officer) of BAME Development Corporation. My board and my staff have agreed to help the Town Park Village folk to maintain their homes, and my job initially is to be sure that the write-ups that the federal government placed on those are cleared up, and we've already began to talk to some of the contractors to get the work done, so we'd appreciate your help. Thank you. Chairman Teele: All right. Is there anyone else? The public hearing is closed. Commissioner Winton, you were about to move it? Commissioner Gonzalez: Mr. Chairman, I move PH 7. Commissioner Winton: Yeah, so move. Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded by Commissioner Gonzalez. Just so that it is clear, these are emergency improvements that are mandated by HUD. We'll get into this in just a second, but Town Park Village is one of these tragic cases of a whole series of promises that were made to Overtown, and it's nobody's fault, but Town Park Village is a co-op. It's not an apartment. It's not a homeownership. It's a co-op. And it's sort of a unique creature, and we're going to discuss that a little further in just a second, but this will assist them in addressing the immediate needs, and BAME has agreed to be the consultant/grantee to receive the funds and get it done, working with Community Development. Commissioner Winton: And the immediate needs, though, are to prevent a close -down of the complex; isn't that correct? Chairman Teele: The immediate needs are to prevent a close -down of a large section of the development. At least some 40 residents could be put out on the street if these are not done. Ms. Rodriguez: Families. Chairman Teele: Huh? Ms. Rodriguez: Families because -- Chairman Teele: Families, families. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." The item is unanimously adopted. PH.8 04-00377 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ENTITLEMENT FUNDS, IN AN AMOUNT NOT TO EXCEED $ 500,000, FROM THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND REALLOCATING SAID FUNDS TO THE DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 04-00377- cover memo.pdf 04-00377- public notice.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0275 Chairman Teele: All right, Barbara, did you have one more? Barbara Rodriguez (Director, Community Development): PH.8. Chairman Teele: PH.8. Ms. Rodriguez: Basically, PH.8, I'm requesting to de -obligate Department of Economic Development for the City ofMiami and transfer it to the City ofMiami Department of Capital Improvement Project, and the reason behind it, as you all know, we have the timeliness issue. We need to move projects. We have had a meeting with Capital Improvement Project, and they're in a position to spend it faster than the Real Estate and Economic. Commissioner Winton: So move. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Discussion. Chairman Teele: All right. Before you have the discussion, let's have the public hearing. Is there anyone here on the public who would like to discuss this item? If not, the public hearing is closed. Commissioner Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. Barbara, this was supposed to be matching funds that the County had committed. Ms. Rodriguez: They did go into some problems that the County did not match the funds right away. We are still committed to this project. What our intention is to basically come back at the end ofMay, June, when we're going to be ready to use the money and then fund it. Right now, my intent is basically to spend as much money as I can before the August 2nd deadline. Vice Chairman Sanchez: But we do have an opportunity to revisit this because let me tell you -- Ms. Rodriguez: Oh, yes, we are going to revisit it. Vice Chairman Sanchez: -- we just -- through whoever's fault -- and I know that we often -- and we say that we've got to hold the County up to their commitments when they come up with these commitments, but let me say half a million dollars was lost here, an opportunity for half a million dollars to go into not only my district, which is Little Havana or 8th Street, but also Martin Luther King Boulevard, which is main streamline corridors in our community, very -- two of -- Hs. Rodriguez: No, we're coming back. It will be funded as soon as we're ready. We have heard that the County Commission just took this matching fund this month to their board. We are going to be the last to pay on these projects, so we're definitely going to be coming back with it. Vice Chairman Sanchez: So by de -obligating this, it means that we're not going to lose the money. It's going to come back for us later on when the County commits the money. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Rodriguez: Correct, correct, correct. Vice Chairman Sanchez: OK. Ms. Rodriguez: Correct, so we are committed to the project. We are coming back to fund the project. It's just to make sure that the Department of Capital Improvement Projects can help us spend some of the money in some projects. Commissioner Regalado: Mr. Chairman. Vice Chairman Sanchez: No further questions, Mr. Chairman. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: I thought that it was coming back to your department, not to Capital Improvement. Ms. Rodriguez: No, no, no. When the program comes back to fund it again, when I come back in May or June to fund the program, then at that time, we will decide. What this is doing is basically letting me spend the money in a Capital Improvement project, so basically, that's what we're doing. When we are ready to fund the 8th Street and Martin Luther King, then we will come back and fund the project -- could be CD or could be Real Estate and Economic. Vice Chairman Sanchez: All right. Commissioner Regalado: Well, how do we know which projects? Ms. Rodriguez: Oh, no, when we come back, we'll bring you -- Commissioner Regalado: No, no, on Capital Improvement. Ms. Rodriguez: Oh, you're saying the list of projects that are going to be done? Commissioner Regalado: Yeah. Ms. Rodriguez: No. That, I don't have in front of me. We can bring you the list of the projects that we're planning to do. Unfortunately, time is -- I'm very desperate on reference to spending the dollars -- Commissioner Winton: Or lose them. Ms. Rodriguez: -- but we can definitely bring a report to you if you'd allow me to send something to you next week, to all of you, letting you know the projects that are going to be compensated. Commissioner Regalado: Look, I don't -- I don't have any -- Ms. Rodriguez: Yes, I understand. Commissioner Regalado: I don't have any problem. My problem is that we had promised this program to the merchants of Southwest 8th Street, and this money has been sitting in Economic Development for months -- City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Rodriguez: For one year. Commissioner Regalado: -- and months and months or maybe a year, and now, if we don't do something immediately, we're going to lose it. It's a shame, because I -- Ms. Rodriguez: No, Commissioner, the merchants will be taken care of. Unfortunately, the reason we can't move forward was because we did not have the matching funds from the County, so even if the money stays there -- Commissioner Regalado: I understand that, Barbara. Ms. Rodriguez: Yeah. Commissioner Regalado: But we knew that long time ago. Ms. Rodriguez: Yes. Commissioner Regalado: That's my point. Ms. Rodriguez: Yeah. Commissioner Regalado: OK? Chairman Teele: Barbara, I think one of the things that has to be done, though -- otherwise, we're going to be right back in the soup we were in five years ago -- is that these documents have to be a little bit more thorough and completed. Ms. Rodriguez: OK Chairman Teele: And I know, you know, there appears to be -- and I'm speaking for myself -- there appears to be an unheard of concern now about how everybody's money is being spent in every district, and everybody is concerned. I mean, I heard -- you know, I'm going to bring up this issue -- it's on the agenda today -- regarding the Overtown NET (Neighborhood Enhancement Team) Center. I mean, why anybody would be concerned about Overtown or any other NET office not having a comparable NET office and dollars being expended is beyond me, but at the risk of creating a problem for you -- Ms. Rodriguez: Yeah. Chairman Teele: -- you've got to do a better job of documenting where the money was earmarked for, because there's no way to codify -- Ms. Rodriguez: Right. Chairman Teele: -- what Commissioner Sanchez is just saying and what Commissioner Regalado is saying. Commissioner Regalado just said that he understood the money was for 8th Sfreet. That's his understanding. I don't understand that. I understand that about half of the money is for 8th Sfreet and half is for MLK (Martin Luther King) Boulevard. Ms. Rodriguez: That's correct. Chairman Teele: But it really doesn't matter. Ms. Rodriguez: Right. City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All that I'm saying is if the document were complete -- Ms. Rodriguez: Right. Chairman Teele: -- and it would say -- and it would say we are therefore making a unfunded commitment to fund these two projects. I think the whole thing goes away. Ms. Rodriguez: We will. Chairman Teele: And everybody buys into that -- Commissioner Winton: Yep. Ms. Rodriguez: We will. Chairman Teele: -- you know, but see, this is what could happen. You could bring that item up at a time when we're talking about some other stuff and then somebody's going to say, well, why are you giving 8th Street that money when we're frying to figure out how to divide all the other money? And the answer is: This is an unfunded commitment. They had the money. They've lost it, through no fault of their own, and I Just think the records need to be clear. Ms. Rodriguez: We will. Chairman Teele: This is the way Community Development used to function where nobody knew what the IOU's were, and the commitments were in this City for 30 years. I mean, you know -- Ms. Rodriguez: We will. We will. Chairman Teele: So I don't even know that the notice is proper, because I think when you did the notice on this, you noticed this money as going to 8th Street and MLK Boulevard. Ms. Rodriguez: I don't know. Chairman Teele: You didn't? Ms. Rodriguez: I don't -- I can't answer the question, but if you feel you want me to bring it back Chairman Teele: I don't want you to bring it back because I think the real issue is we've got to use the money, and you're making a very good business decision to use it rather than lose it and -- but what want to be very clear is that you're making a commitment -- Ms. Rodriguez: We will. Chairman Teele: -- to the Commission -- not to Commissioner Sanchez and me -- but to all of us when we approve this that there is an outstanding obligation now of five hundred thousand dollars, or whatever the amount is, to replace this. Ms. Rodriguez: OK Chairman Teele: That's all that I'm saying. Ms. Rodriguez: We will. City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: And all that I'm basically asking for is I want an assurement (sic) from you and your department that you're going to go out there and try to recapture this money to make -- Ms. Rodriguez: We will. Vice Chairman Sanchez: -- sure that we don't lose the money. Ms. Rodriguez: We will. Chairman Teele: All right. We've had the discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Ms. Rodriguez: Thank you. Chairman Teele: Are there any other items? Ms. Rodriguez: That's it. City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 ORDINANCE - SECOND READING SR.1 04-00368a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12476, THAT AMENDED ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE, WHICH INCREASES CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004; TO ADD LANGUAGE RELATED TO THE NUMBER OF EMPLOYEES DESIGNATED IN THE ORDINANCE EITHER BY POSITION SUMMARY OR BY ORGANIZATIONAL CHART AND THE NUMBER OF NEIGHBORHOOD ENHANCEMENT TEAM ("NET") SERVICE CENTERS; FURTHER DIRECTING THAT ANY PERMANENT CHANGE TO THE NUMBER OF EMPLOYEES OR LOCATION OF NET SERVICE CENTERS, BE APPROVED BY THE CITY COMMISSION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00368a-cover memo.pdf 04-00368a-exhibit.organizational chart.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12529 Chairman Teele: Mr. Attorney. Commissioner Gonzalez: SR.1. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: What item is that? Chairman Teele: All right. Alejandro Vilarello (City Attorney): SR.1. Vice Chairman Sanchez: SR.1. Commissioner Gonzalez: SR.1. Mr. Vilarello: Second Reading Ordinance Number 1. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. Public hearing's closed. Mr. Budget Director, would you come and tell us exactly what we're doing? Larry Spring: Larry Spring, Chief of Strategic Planning and Budgeting Performance. In your City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 package, you actually have the Table of Organization for NET (Neighborhood Enhancement Team), as requested during the last meeting, reflecting the personnel at each location and the 13 NET offices, as committed by City administration. Chairman Teele: All right. Commissioner Gonzalez, are you satisfied? You had the hold on this before. Vice Chairman Sanchez: It's pertaining to the staffing at the NET offices. Chairman Teele: It's going to have two -- it has two readings, right? Commissioner Gonzalez: We're going to be -- Mr. Spring: You did a first reading already and this is the second reading. Commissioner Gonzalez: We're going to be determining the amount of NET offices and the personnel, right? Vice Chairman Sanchez: Yes. Chairman Teele: Mr. Attorney, this shows SR.1. Mr. Vilarello: That's what I said, SR.1. Chairman Teele: So this is going to have a second reading? Mr. Spring: This is second reading. Mr. Vilarello: This is Second Reading 1. Mr. Spring: Second Reading 1. Vice Chairman Sanchez: SR. Mr. Vilarello: We're still getting used to the Legistar System. Second Reading 1. It's item number -- the first ordinance -- Vice Chairman Sanchez: Item of second reading. Mr. Vilarello: -- for second reading. Commissioner Gonzalez: Yeah, I'm all right with it. Vice Chairman Sanchez: All right. So moved. Commissioner Gonzalez: Second. Vice Chairman Sanchez: It's a motion and a second. Chairman Teele: Motion and a second. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. (COMMENTS MADE DURING ROLL CALL) City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: I have not reviewed the item, but I'm voting yes. Commissioner Gonzalez, I assume you've reviewed it? A roll call was taken, the result of which is stated above. (COMMENTS MADE FOLLOWING ROLL CALL) Ms. Thompson: The ordinance has been adopted on second reading, 5/0. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 ORDINANCE - FIRST READING FR.1 04-00381 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, ADOPTED NOVEMBER 25, 2003, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, ACCEPTING A GRANT, IN THE AMOUNT OF $22,930, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND APPROPRIATING SAID FUNDS IN CAPITAL IMPROVEMENTS PROJECT NO. 311703, ENTITLED: "PROPERTY MAINTENANCE BUILDING IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00381- cover memo.pdf 04-00381- budgetary impact analysis 04-00381- memo from fire.pdf 04-00381- state letters.pdf 04-00381- subgrant agreement.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado Chairman Teele: First reading ordinance. We won't take up the second reading until we have a full Commission. First reading, property management maintenance building improvement. FR. 1. Mr. Attorney, read the ordinance. Commissioner Winton: Where did we go, Commissioner Teele? Chairman Teele: FR.1. Commissioner Winton: FR. The ordinance was read by title into the public record by the City Attorney. Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. It's a public hearing regarding property maintenance building improvement. No persons are coming forward. The public hearing is closed. Commissioner Gonzalez: Move FR.1. Vice Chairman Sanchez: Second. Chairman Teele: Moved and seconded. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Thompson: The item has been passed on first reading, 4/0. City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 RESOLUTIONS RE.1 04-00242 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, APPROVING THE ACQUISITION OF THE FOUR (4) PROPERTIES AT THE PRICE LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, ON BEHALF OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST") WITH THE APPROPRIATE PROVISIONS; UTILIZING FUNDS DESIGNATED FOR THE TRUST IN THE FISCAL YEAR 2004 BUDGET. 04-00242- cover memo.pdf 04-00242- exhibitl- table.pdf 04-00242- exhibit2- appraisal report 1.pdf 04-00242- exhibit2- appraisal report 2.pdf 04-00242- exhibit2- appraisal report 3.pdf 04-00242- exhibit2- appraisal report 4.pdf 04-00242- exhibit2- appraisal report 5.pdf 04-00242- exhibit2- appraisal report 6.pdf 04-00242 - revised attachment.pdf 04-00242 - addendum.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0268 Chairman Teele: All right. Resolution RE.6. Vice Chairman Sanchez: RE.6? Chairman Teele: I'm sorry. RE.1, 2 and 3. Commissioner Gonzalez: Move RE.1. Chairman Teele: There's a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? It's a public hearing. Any person desiring to be heard should come forward. No persons are coming forward. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." RE.2 04-00385 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 ), AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED JOINT PARTICIPATION AGREEMENT ("JPA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY") FOR THE GRAND AVENUE STREETSCAPE AND ROAD IMPROVEMENT PROJECT (" PROJECT"), CAPITAL IMPROVEMENT PROJECT NO. 341208, WHICH PROVIDES FOR CONTRIBUTION OF COUNTY FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $2,850,000, FOR THE PROJECT AND FOR THE APPLICABILITY OF COUNTY REGULATIONS FOR ITS COMMUNITY WORKFORCE PROGRAM AND COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM. 04-00385- cover memo.pdf 04-00385- budgetary impact analysis.pdf 04-00385 exhibit -Joint Participation 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, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0269 Chairman Teele: RE.2, funding for Grand Avenue. Commissioner Gonzalez: Move RE.2. Chairman Teele: Moved by Commissioner Winton. Vice Chairman Sanchez: Second. Chairman Teele: Second by Commissioner Gonzalez. Is there objection? Who's the staff on this, Grand Avenue? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted, funding for Grand Avenue, Item RE.2. Chairman Teele: Now -- Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Commissioner Winton: On RE.2, I think -- you know, I don't know ifI should say this, but I'm going. It's about the Grand Avenue funding, butt just want you all to be aware, I had a very interesting animated discussion with George Burgess about this issue relative to the People's Transportation Plan funding a couple of days ago. Commissioner Gonzalez: How was that meeting you said? Commissioner Winton: Animated. Commissioner Gonzalez: Animated? Oh. Chairman Teele: Animated. Wild, lively. City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: Thank you. Commissioner Winton: Lively. Colorful -- Chairman Teele: Colorful. Commissioner Winton: -- maybe is a better term, and here was part of the point: The point is, about how the People's Transportation Plan funding is really working, and I used in a letter that I wrote to the County Manager and the County Mayor a number of examples that concern me greatly. One of them was the Grand Avenue Streetscape Project. The Grand Avenue Streetscape Project funding had been procured by Commissioner Morales, who has worked very closely with my office from day one. He's been working on itfor three years, I've been working on itfor three years, and he procured funding for the Grand Avenue Streetscape plan out of County monies from somewhere long before there was a People's Transportation Plan. Money there. They've develop -- they're doing the plans, all that -- and all of a sudden, now we find that the funding source, two million dollars of it is from the People's Transportation Plan. What does that mean? Well, that means that depending on the guy who got the bait out there, let's move the bait over here somewhere, you know? So there's some of this -- George is assuring me that there isn't any baiting and switching going on. I'm suggesting to him in the strongest possible terms that something is going on that isn't in keeping with the promises that were personally made to me back during the goals conferences -- remember, Commissioner Teele? -- the Chamber's Goals Conference where Mayor Penelas, Sandy O'Neill and others were frying to garner a tremendous amount of support for the whole plan, and subsequent conversations with folks in terms of what they were going to adopt relative to the City ofMiami, and I'm just finding more and more projects that are kind of unilaterally slipping off the radar screen that are supposed to be funded, supposed to be done in the City. George and I agreed that we are going to sit down and meet and talk a little more in-depth about this whole issue, which I'm more than happy to do. I think he's a great guy. I probably shouldn't have been quite as animated or colorful as I was that particular day, and I will apologize to George for that. However, it doesn't detract from the point that I think I want you all to be aware of and that is that I'm very concerned, the projects and the PTP (People's Transportation Plan) that were earmarked for the City ofMiami, that were promised to Miami residents, that were advertised to our voters are melting, so that's just kind of an FYI (for your information). Chairman Teele: Isn't this being funded out of the two million -- out of the People's Transportation? Commissioner Winton: Correct, but that money was procure -- the Grand Avenue Streetscape Project was procured by Commissioner Morales -- Chairman Teele: Before, before -- Commissioner Winton: -- long before. Now then suddenly the funding source is PTP, so they took the money from over there that was already set aside for this -- Chairman Teele: But isn't that by definition a bait, and isn't it by definition a switch? Commissioner Winton: Well -- Chairman Teele: It may not be the bait -- Commissioner Winton: It may not be the bait, but it's certainly the switch, and we're not exactly un-guilty of that in this body. When we did our own bond issue, there were some programs that had been funded, and suddenly, they were over here in the bond thing, and so I think those who City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 work full-time in government are pretty good at frying to reshuffle the deck periodically, and I just want to make sure that all of our cards don't get reshuffled to the bottom of the deck. Chairman Teele: It's certainly food for thought, but, I mean, I think the -- you know, I only have one observation about this. We are too quick and too eager to agree to things that we get nothing out of and other people are getting everything out of and then when you put your item on the table, it never gets taken up and this is -- see, I sat on the other side of the table, and, you know, you got a little upset with me when I said something about the money there on the American Airline Arena deal that we were doing, you know, when we went back and looked at the land, and the money, and the escrow and I said, well, let's put something on the table. I mean, my view is we should never approve something if we don't put something on the table to get it approved. I mean, you know, it's -- you may not ever -- you may not be able to get everything done, but at least the policy of this City should be a tit -for -tat policy; not a penal policy that we're not going to approve your stuff until you approve our stuff but approve them together. Take comparable items, marry them. We've got enough items on the table that we ought to always come to the table with something to be approved, but that's a decision for the Manager and the Mayor, I guess, to make at this point. Further discussion? Thank you very much, Commissioner Winton. I do think it's extremely germane in light of the proposed bond issue. I heard it grew another two hundred million, so -- and I don't know -- I'm still waiting from the Manager, Mr. Manager, on what it is we're proposing be added to the bond issue or be in the bond. Commissioner Winton: I might add, the letter that I wrote to Mayor Penelas and George Burgess gave four examples of clear projects that were in the PTP that they're supposedly funding that suddenly seemed to be taken off the table -- not taken off the table -- they're moved to 2020, or some other things happening, and I said that unless I can get resolution to these kinds of issues and understand what's really going on, I will personally -- and I said this isn't the Commission -- I will personally campaign in opposition to the passage of the GOB (General Obligation Bond), because even though there's many project -- many projects that will be in the GOB that will be located within the City ofMiami that are of regional significance, I don't have the confidence that they'll get done, because of my experience so far with the PTP, and that's the point that I made in the letter, and I'm hoping that we get this -- what appears to be a misunderstanding completely worked out and -- because I would love to actively support -- as I did with the PTP -- I would love to actively support the GOB, because there are so many things that are going to -- of regional significance that will land in the City ofMiami that will be good for us, as well. I'd love to support that, but I am not going to ifI think it's going to be another shell game. Chairman Teele: Johnny, Commissioner Regalado is not here, and I'm sorry, butt have said publicly -- I'll say it again -- I urge the Commission not to take a position, especially opposed to the County bond issue until we see what's in it, but at the same time, I think the Commission should not endorse it, at least until we've had the input from the Manager on the projects that we need to have included on it, and I -- Commissioner Winton: Bingo. Chairman Teele: -- I would certainly again urge Commissioner Regalado and anybody else not to denounce the bond issue until we've at least seen if there's something in the best interest of the City. Commissioner Winton: Right. Chairman Teele: And I think we can come to an agreement. Vice Chairman Sanchez: Be careful not to let the cow out of the barn. City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All right. We stand recessed till 2:45. Commissioner Winton: 2:45. RE.3 04-00380 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROGRAMMATIC AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA STATE HISTORIC PRESERVATION OFFICE, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION AND ANY OTHER AGENCY, AS REQUIRED, TO EXPEDITE THE CITY OF MIAMI'S FULFILLMENT OF ITS HISTORIC PRESERVATION RESPONSIBILITIES AS A RECIPIENT AND ADMINISTRATOR OF FEDERAL FUNDS UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT. 04-00380- cover memo.pdf 04-00380- budgetary impact analysis.pdf 04-00380- pre. legislation.pdf 04-00380- exhibit 1- agreement.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0270 Chairman Teele: RE.3 is a programmatic agreement for the historic preservation. Commissioner Gonzalez: Move RE. 3. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: What are we doing, Madam Director? Sarah Eaton: Sarah Eaton, Preservation Officer. As I described at the last meeting, this is the process that will help the City expedite the review of Community Development Block Grant Programs. Commissioner Gonzalez: It's about time. Chairman Teele: All right. Is there further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.4 04-00276 RESOLUTION City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE BID OF ONE CROW, INC., FOR THE PROJECT ENTITLED "OVERTOWN STORMWATER PUMP STATION UPGRADES 3RD BIDDING, B-5650D," IN THE PROPOSED AMOUNT NOT TO EXCEED $286, 000; ALLOCATING FUNDS FOR CONTRACT COSTS IN AN AMOUNT NOT TO EXCEED $286,000, PLUS $76,320 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 352216, IN AN AMOUNT NOT TO EXCEED $189,119. 75, AND CIP NO. 313855, IN THE AMOUNT NOT TO EXCEED $173,200.25, FOR TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $362,320, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00276 - Cover Memo.pdf 04-00276 - Budgetary Analysis Form.pdf 04-00276 - letter.pdf 04-00276 - exhibit 1-tabulations.pdf 04-00276 - exhibit 2-fact sheet.pdf 04-00276 - exhibit 3-contract.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item RE.4 to the next Commission Meeting. Chairman Teele: All right. Are there any deferrals, withdrawals? Alejandro Vilarello (City Attorney): Mr. Chairman, on deferrals, the City Manager has requested that Item PH.4, which is a special set item at 3 o'clock be deferred until your next meeting, and I'll bring it back to your attention this afternoon at 3 o'clock, and deferring -- requesting deferral of Item RE.4 until your next meeting. Commissioner Gonzalez: RE.4 and what was the other one? Mr. Vilarello: RE.4 is the Overtown storm water pump station upgrades. Commissioner Gonzalez: OK Mr. Vilarello: And PH.4 is a CDBG (Community Development Block Grant) item, special hearing at 3 o'clock. Chairman Teele: Further deferrals? Further deferrals? Is there a motion? Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. RE.5 04-00310 RESOLUTION City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF ADDITIONAL FUNDS, IN AN AMOUNT NOT TO EXCEED $1,800,000, FOR LAND ACQUISITION FOR THE MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECT FROM FUNDS PREVIOUSLY DESIGNATED FOR MODEL CITY INFRASTRUCTURE IMPROVEMENTS, IN FISCAL YEAR 2003 AND FISCAL YEAR 2004 ALLOCATIONS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, CONDITIONED UPON FAVORABLE DECISION OF THE BOND COUNCIL. 04-00310- cover memo.pdf 04-00310- budgetary impact analysis.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0271 Chairman Teele: Last item before the lunch break, RE.5. Vice Chairman Sanchez: 5 or 4? Chairman Teele: 4 they withdrew, I thought. Joe Arriola (City Manager): Yes. Vice Chairman Sanchez: Withdrew? Priscilla A. Thompson (City Clerk): It was deferred until the next meeting. Mr. Arriola: We deferred it to the next meeting. Vice Chairman Sanchez: OK. Commissioner Regalado: RE.5. Commissioner Gonzalez: Move RE.5. Chairman Teele: Motion. Is there a second? Commissioner Winton: Second. Chairman Teele: Discussion. Alejandro Vilarello (City Attorney): Mr. Chairman, Mr. Chairman. Chairman Teele: Yes. Mr. Vilarello: I'd simply like the resolution to be conditioned on a favorable opinion from bond counsel as to the transfer. Commissioner Gonzalez: Move as amended. Chairman Teele: As amended. City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: As amended. Chairman Teele: Further discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 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: Ruben Valdez Commission At -Large (Commissioner Gonzalez) (No appointment made) Commission At -Large (Commissioner Winton) Eduardo Padron Commission At -Large (Vice Chairman Sanchez) Marianne Salazar Commission At -Large (Commissioner Regalado) (No appointment made) Commission At -Large (Chairman Teele) Vice Chair Winton Commission At -Large (Commissioner) Adrienne Arsht Commission At -Large Luis Vanegas Commission At -Large (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz 03-0147-memo-1.doc Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0281 City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Dr. Eduardo Padron as a member of the Mayor's International Council. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Ruben Valdez as a member of the Mayor's International Council A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Marianne Salazar as a member of the Mayor's International Council. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Winton absent, to appoint Commissioner Johnny L. Winton as Vice Chairman of the Mayor's International Council. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Adrienne Arscht as a member of the Mayor's International Council. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Luis Banegas as a member of the Mayor's International Council. Note for the Record: Commissioner Winton stated that he did not wish to serve as Vice Chairman of the Mayor's International Council. A motion was made to reconsider the motion on his appointment but there was no final action taken. Chairman Teele subsequently stated that it would be discussed at the next Commission Meeting. Chairman Teele: OK. Let's see now. Where are we, on BC. 1 ? Mayor's International Council. This really -- is everybody ready to make their appointments? Vice Chairman Sanchez: Yes. Commissioner Gonzalez: I am. Commissioner Regalado: Yeah. Chairman Teele: How many appointments does everybody have? Commissioner Regalado: One, plus two Commission -at -large, plus the Commission needs to appoint a Commissioner as Vice Chair. Chairman Teele: I move -- is there a motion for Commissioner Winton or who? Huh? Vice Chairman Sanchez: Can we go with the Commission appointments, and then we'll go with the at large? Let's start with that. That way, it's not confusing. Chairman Teele: Let me ask this. Has anybody checked with all these people to be sure that they would serve? Vice Chairman Sanchez: I have with my appointment. Commissioner Regalado: Yes, I have. Chairman Teele: I'm talking about the names of the people that were submitted. City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: Yes. Commissioner Winton: It is my understanding that, yes, they have. Commissioner Regalado: No, no. What submitted -- what names I submitted? Wait, wait, wait. The Mayor has one, two, three, four, five, six -- Vice Chairman Sanchez: Seven. Commissioner Regalado: -- seven appointments, so he would have submitted seven names. I have to appoint one, you have to appoint one, and then the Commission -at -large have to appoint two. Chairman Teele: Wasn't there a panel of names circulated? Commissioner Regalado: I haven't seen that. I have my name ready, and I have another name for the consideration. Vice Chairman Sanchez: Mr. Chairman, I'm prepared to make my appointee. Dr. Eduardo Padron, so move. Commissioner Gonzalez: Second. Chairman Teele: There's a motion and a second for Dr. Padron. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Unanimous adoption. Commissioner Gonzalez: I'll move Mr. Ruben Valdez. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Do we have a list of the Mayor's appointments? Commissioner Regalado: I move Marian Salazar. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is adopted unanimously. Do we have a list of the Mayor's appointments? City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Priscilla A. Thompson (City Clerk): No, we don't. Chairman Teele: Well, I really want to make my appointments after I see what the Mayor's doing. I mean -- because, see, I can tell you how this is going -- well, anyway. I ain't prepared to make -- is there an at -large -- how many at -large board appoint -- Commissioner Regalado: Two. Commissioner Gonzalez: Two. I would like to nominate Commissioner Winton as the Vice Chairperson of the council. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Chairman Teele: All right, so that's -- Vice Chairman Sanchez: Mr. Chairman, at -large, Adrien Arch. So moved. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Adrien Arch. Arch, Arch, Arch, Arch. Chairman Teele: Is there a second? Vice Chairman Sanchez: It all depends what part of Boston you're from. Chairman Teele: Second by Commissioner Gonzalez. Is there objection? All in favor, say "aye The Commission (Collectively): Aye. Commissioner Regalado: I have another name for at -large. Chairman Teele: Hold on one minute. Let me tell you what's happening here. How many Asians have been appointed? Commissioner Regalado: How many what? Chairman Teele: Asians; people from the largest population in the world, China, Japanese, Vietnamese. You know, I think we ought to give this some thought. I mean, because everybody's just going -- Commissioner Regalado: I am nominating a -- a Haitian American. Vice Chairman Sanchez: I think you're a mindreader, Commissioner Teele. Commissioner Regalado: No, but he's right. You know, International Council should have Haitians, should have Nicaraguans -- Vice Chairman Sanchez: It should have representation from abroad. City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: -- should have -- Chairman Teele: Should have African American, too. Commissioner Regalado: Should have African American. Chairman Teele: Who are you nominating? Commissioner Regalado: I'm nominating a Nicaraguan. Chairman Teele: You just said a Haitian. Commissioner Regalado: I can do a Haitian. I can do a Nicaraguan. Hey -- Chairman Teele: I think we ought to take this real seriously, folks. Vice Chairman Sanchez: I'm talking it very serious. Chairman Teele: Did I hear him say he was going to nominate a Haitian or did I hear -- Vice Chairman Sanchez: Yeah. Commissioner Regalado: Yeah. Commissioner Gonzalez: It's a Nicaraguan (INAUDIBLE). Vice Chairman Sanchez: They're very far apart, you know. Commissioner Regalado: No, but -- Vice Chairman Sanchez: China and Nicaragua are very far apart. Commissioner Regalado: But the thing is that am afraid that in the appointments, when everything is done, there will not be any Nicaraguans. Vice Chairman Sanchez: All right. Commissioner Regalado: And the Nicaraguans are a very large community in the City of Miami. Commissioner Winton: Well, why didn't you appoint one, then? Commissioner Regalado: I'm frying to. Commissioner Winton: You just made an appointment. Was she Nicaraguan? Commissioner Regalado: No, she's Cuban, which is the largest -- Commissioner Winton: Well, that's my point. Why didn't you -- Commissioner Regalado: Which is the largest community here. Commissioner Winton: Why didn't you appoint one? City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: Largest than the Anglo and the -- Commissioner Gonzalez: But we -- Commissioner Regalado: The at -large -- Commissioner Gonzalez: The problem is -- Commissioner Regalado: The at -large, it would be Luis Banegas. Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Now, is there anybody been appointed that's anybody that lives outside of the western hemisphere? Why don't we call this the Mayor's western hemisphere -- I mean, you know -- Vice Chairman Sanchez: I'm sure he's got seven appoint -- he's got seven appointments. I mean, he -- Commissioner Gonzalez: He got plenty. Chairman Teele: All right. What else is next? Vice Chairman Sanchez: Well, we could take District 3 items, which have not been taken up. Chairman Teele: DI.3, DI.4. Vice Chairman Sanchez: We did -- Commissioner Regalado: The Royal Rent -a -Car -- Chairman Teele: Oh, no. Alejandro Vilarello (City Attorney): DI.3. Commissioner Regalado: DI.3. Unidentified Speaker: DI.3. Commissioner Regalado: DI.3 is the Royal Rent -a -Car. That's what -- Vice Chairman Sanchez: All right. Gentlemen -- Chairman Teele: Where's the person from Enterprise; is he here? Unidentified Speaker: No. He -- Vice Chairman Sanchez: All right -- ah, what are you complaining about? You get billed -- you get paid by the hour, pal. Commissioner Winton: Did we -- Commissioner -- I mean, Chairman Teele, did we appoint the City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman on Mayor's International Plan? Vice Chairman Sanchez: Yes, you. Commissioner Regalado: Yeah. Commissioner Gonzalez: I appointed you. Commissioner Winton: I don't -- I'm not going to serve as Chairman. Vice Chairman Sanchez: What? Commissioner Winton: I don't want to serve as Chairman. Commissioner Regalado: No, the Chairman is the -- Commissioner Gonzalez: No, the Vice Chairman. Commissioner Regalado: You are the Vice Chairman. Vice Chairman Sanchez: Vice Chair. Commissioner Winton: I don't want to be the Vice Chairman. I don't want to be on the Mayor's International Council, at all. Commissioner Regalado: OK I'll take -- Chairman Teele: Well, that's tough because you've been appointed, and we'll take it up at the next meeting. Vice Chairman Sanchez: I think -- who made the motion? I'm willing to -- Commissioner Gonzalez: I made the motion. Vice Chairman Sanchez: Motion -- OK, motion to reconsider. Commissioner Gonzalez: I made the motion. Chairman Teele: All right. Let's take that up at the next meeting. Commissioner Gonzalez: Johnny, are you serious? Chairman Teele: He's upset. Let's everybody calm down. We'll take it up when everybody's in a good mood. Commissioner Gonzalez: Yeah. Chairman Teele: People are getting upset and -- City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 DISCUSSION ITEMS DI.1 04-00386 DISCUSSION ITEM DISCUSSION CONCERNING A WORKSHOP MEETING WITH THE EXTERNAL AUDITORS TO REVIEW THE FINDINGS AND RECOMMENDATIONS OF THE AUDIT. 04-00386- cover memo.pdf City of Miami, Florida CAFR FY 2003.pdf 04-00386 - presentation - 2.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to DEFER item DI.1 to the Commission Meeting currently scheduled for May 6, 2004. Chairman Teele: Now the -- Commissioner Winton: Mr. Chairman. Chairman Teele: We have a request that the workshop with the auditor be held in the afternoon. I'm going to ask if we could move that to the first meeting of May, that rump meeting. Vice Chairman Sanchez: May. Commissioner Winton: Well, I've just learned -- I think we're all a little confused about what we're doing in May yet. Commissioner Gonzalez: I think so. Chairman Teele: All right, but let's move the workshop with the external auditors to the first meeting in May. Commissioner Winton: Yeah. Chairman Teele: Whenever that is. Is there a motion? Commissioner Gonzalez: Move it. Commissioner Winton: So move. Vice Chairman Sanchez: So move -- second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. DI.2 04-00387 DISCUSSION ITEM PRESENTATION BY THE CITY OF MIAMI HOMELESS ASSISTANCE PROGRAM CONCERNING ITS MISSION, SCOPE OF SERVICES, ROLE IN THE COMMUNITY AND PAST ACCOMPLISHMENTS. City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 04-00387- cover memo.pdf 04-00387- presentation.pdf DISCUSSED Direction to the City Manager by Chairman Teele to provide a breakdown of the downtown homeless population showing their count in each of the Omni, Overtown and central business downtown/Brickell areas. Direction to the Administration by Chairman Teele to draft appropriate legislation to be considered at a meeting in May 2004 that establishes, as a priority of the City Commission, ways to address the transitional problem of the homeless; further directing the City Attorney to draft a resolution to be considered later today to designate Commissioner Regalado to appear before the Homeless Trust to state the concerns of the City. Direction to the City Manager by Commissioner Regalado to sent a letter to the churches currently involved with programs to feed the homeless on street corners stating that the City of Miami is prepared to provide transportation to homeless individuals to those churches in order that the homeless can eat at said churches instead of the streets, and that the City will provide transportation after their meal, in order to take the homeless back to their original location. Discussion of Item DL2 resulted in the related resolution listed below: (DI.2) 04-00454 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING COMMISSIONER TOMAS REGALADO TO REPRESENT THE CITY COMMISSION AT THE MIAMI-DADE COUNTY HOMELESS TRUST BOARD ("TRUST") MEETING OF MAY 28, 2004, SPECIFICALLY TO: (1) REQUEST MORE SUPPORT FROM THE TRUST, (2) REQUEST A PUBLIC INFORMATION CAMPAIGN REGARDING PROGRESS ON HOMELESS ISSUES, (3) INQUIRE ABOUT INITIATIVES SPECIFICALLY TARGETING THE HOMELESS POPULATION IN THE CITY OF MIAMI INCLUDING DOWNTOWN, OVERTOWN, OMNI AND PARK WEST AREAS. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0283 Chairman Teele: Mr. Manager, who's doing the discussion on the homeless? What's that item number? Priscilla A. Thompson (City Clerk): DL2. Chairman Teele: DL2, Discussion Item 2. Chairman Teele: All right. Mr. Manager, who's doing the homeless item? Commissioner Winton: Good morning. City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Good morning, how are you? Ricardo Gonzalez: Good morning, Commissioners. Ricardo Gonzalez, Director of NET ( Neighborhood Enhancement Team). The Miami Homeless Assistant Program was established in 1991, at the request of the Downtown Development Authority to address the growing homeless situation in the downtown area of the City at that time. DDA (Downtown Development Authority ) funded the pilot project in the amount of fifty thousand dollars to employ and train formerly homeless persons to conduct oufreach in the downtown core. The pilot proved to be so effective that DDA requested that the City ofMiami allocate and continue to fund the program. Over the years, MHAP (Miami Homeless Assistance Program) has employed over 300 formerly homeless persons and now serves the entire City ofMiami. Per your request made in January, the City of Miami Homeless Assistance Program has prepared this brief presentation. We will describe the program's mission, funding, goals and most recent accomplishments, as well as provide an overview of the population we serve. We hope this presentation will familiarize you with the program and answer your questions regarding the services we provide. Our vision is to provide access to affordable housing to all individuals and families in the City ofMiami within the next ten years. Our mission is to provide outreach, needs assessment, placement information, referral and transportation services to homeless individuals and families within the City ofMiami. Our goal is to reduce the number of homeless individuals and families in the City ofMiami by placing homeless individuals into appropriate housing and developing needed programs. We also provide training and employment atMHAP for formerly homeless men and women. This is MHAP'S organizational chart. MHAP became part of NET in November of 2003. It is comprised of a Program Director, one accountant, one program coordinator, two oufreach supervisors, 21 community oufreach specialists, four information and referral specialists, and an administrative assistant. Only the Program Director and the administrative assistant position are funded by the City. The rest of the positions are funded by grants. The next slide summarizes our current funding sources. Please note that the City ofMiami contributes one hundred and twenty-five thousand dollars towards MHAP, and the balance is competitively applied for and granted through Federal, State and County agencies, as well as private donations. Brad Simon, who is the Program Director will give you the details about the program and how we are addressing the homeless issue in the City ofMiami. Brad. Brad Simon: Thank you, Ricardo. Brad Simon, Director of the Miami Homeless Assistance Program and Programs Homeless Administrator for the City ofMiami. Before I start, I'd like to recognize Mr. Dan Vincent and Mr. Al Brown, Director and Deputy Director from CPHI ( Community Partnership for Homeless, Incorporated), the operators of the Homeless Assistance Centers, and our partners in dealing with the homeless population on a daily basis. Mr. Brown and Mr. Vincent, thank you for being here. Regardless of where a person resides, doesn't reside, studies have shown that the major contributing factors to homelessness are the following, on your screen now: Substance abuse, mental illness, the lack of affordable housing, lack of employability skills, lack of a livable wage and spousal abuse. These are the common factors throughout our nation. We want to talk a little bit about why Miami is unique. Miami has the unique characteristics that attract the homeless to our City. Some are geographic, some are circumstantial and some are situational. Dade County as a whole actually shows -- and, you know, we have a continuing flow of immigrants. We have warm weather throughout the winter months. A major factor is the fact that the Ponder settlement has been advertised nationally. This has -- is only enforceable in the City ofMiami. It does not affect Dade County as a whole. It only affects the homeless population in the City ofMiami and the City ofMiami Police Department. Three of the five major homeless shelters are located in the City ofMiami. One of the others is right outside City ofMiami limits. You literally walk outside the door -- Commissioner Gonzalez: Excuse me. Mr. Simon: Yes. City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: May I ask where are those three centers that are in the City ofMiami? Where are they located? Mr. Simon: Yes. That is the Homeless Assistance Center at 1550 North Miami Avenue; that is the Miami Rescue Mission at 2020 Northeast 1st Avenue and Camillus House, currently in downtown, 758 Northeast lst. Commissioner Gonzalez: What about Beckham Hall? Isn't that -- Mr. Simon: Beckham Hall is -- I'm talking -- Beckham is also in -- I'm just talking the major emergency shelters, and we also list that 60 percent of the transitional. Beckham Hall is actually a work program for people who are work ready, so we are considering that a transitional program. Commissioner Gonzalez: But it's part of the homeless program, isn't it? Mr. Simon: Yes, it is. That's the part -- Commissioner Gonzalez: What about Sister Teresa? Mr. Simon: Mother Teresa currently is closed. Commissioner Gonzalez: It's closed? Mr. Simon: Yes, it is, sir. Commissioner Gonzalez: You sure of that? Mr. Simon: To my knowledge, last week, it was closed. Yes, yes, sir, it is closed. Commissioner Gonzalez: Mm-hmm, OK. Mr. Simon: We have Jackson Memorial Hospital. As I mentioned, 60 percent of the treatment facilities are in the City ofMiami. Those are treatment and transitional, which are the job programs, Commissioner Gonzalez, as well, which Beckham Hall serves the population for jobs, and the County's major correctional facility is in the City. We estimate that on any given night, there are approximately 4,150 people, homeless, within the City ofMiami. That includes the sheltered and the unsheltered. This slide was included so you can see how in December of 2003, the homeless population was distributed throughout our City in your neighborhoods. Chairman Teele: Would you go back to that? Mr. Simon: The last slide, sure. Chairman Teele: According to this slide, downtown has 37 percent. Is there a -- you don't have a listing for the Omni, huh? Mr. Simon: No, sir, we did not break that down. Chairman Teele: Is the Omni a part of downtown? Mr. Simon: Yes, sir, parts of Omni is -- downtown part of it is Wynwood/Edgewater. I can tell you, sir, that we -- Commissioner Gonzalez: Is Overtown considered part of downtown? City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Simon: No, sir. These are divided by areas. Commissioner Gonzalez: Overtown (INAUDIBLE). Mr. Simon: Correct. Chairman Teele: Yeah, but where is Wynwood in this? In the five percent? Mr. Simon: Wynwood went down. We attribute that to the fact of the building of the Performing Arts Center. I -- we just conducted another count last week. These figures are not on the slide, but downtown north, which would be the Omni area had 204 people last week sleeping and downtown south, which is south of 5th, including Brickell had 87 and -- for the total being 291 in the downtown area. Chairman Teele: I think the -- Johnny, with all due respect, I think this is somewhat misleading, and doesn't really respect the traditional neighborhoods of the City. I think -- I would respectfully urge you to set -- because it distorts, really, what's happening here. I think you should have a central business district designation, a Brickell designation, and an Omni designation, because whatl know is that most of the homeless that you're looking at really are no longer downtown. They're in the Omni area. Mr. Simon: We find them -- Chairman Teele: And Omni is north of Overtown, so it gives this impression between the Omni area, which goes, I guess, up to about -- thank you -- goes up to about -- Unidentified Speaker: 17th Terrace. Chairman Teele: Well, it's really a little bit further. That -- it's probably more like 20th or 22nd, and Edgewater -- there's -- Omni is further than 17th. 1800 Club for years was the heart of the Omni. I know. I visited it when it was in operation. It's closed. But the fact of the matter is that this distorts tremendously where the homeless are. The homeless are not in downtown. The homeless are in the Omni area and they're in Overtown. You take those two areas together, you probably have about 50 percent of the homeless. They're adjacent. You have downtown, Overtown, Omni. You see what I'm saying? Mr. Simon: Correct. Chairman Teele: So you jumped Omni -- jumped Overtown and made Omni a part of downtown, which it's not. I mean, it may be a part of the DDA area, but, you know, the DDA, you know, has moved its boundaries further, you know, to chase the development there, but think, given the significance of the Performing Arts Center, and given the significance of the development that's going on in the Omni, the people really that -- we need to see what the real picture is. Mr. Simon: OK Chairman Teele: So I would respectfully urge you to consider breaking out downtown into a downtown and Brickell, you know, downtown and Brickell, or central business district and Brickell, and then have the Omni area, and have the Overtown area, because 50 percent of the -- over 50 percent of the homeless is in Overtown and the Omni, and where the Omni line is and where the Overtown line is, is just a question of where you want to draw the line. Mr. Simon: Commissioner, let me explain our methodology, and I can give you those figures by next week. When we count, we start at one end of the City and drive every street, and I have a City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 sheet and I can -- Chairman Teele: I'm not questioning the methodology. I'm questioning -- Mr. Simon: No, so I can break that down for you and I can have that for you next week. Chairman Teele: Yeah. I'm questioning the characterization of where they are, and the picture that it gives, because the picture that this gives you is that you've got this big problem in downtown. I'm suggesting you don't have the big problem in the central business district, but you do have a big problem in the Omni area. Mr. Simon: That is correct. I will break that into -- Chairman Teele: And all the "no more homeless facility" signs -- maybe you need to move some of your facility signs a little further, further east. Thank you. Mr. Simon: Duly noted. Thank you, sir. We will take care of that. The next slide shows that in December of last year, 42 percent of the street population counted was actually in the City of Miami, and Miami -Dade County's homeless population, 42 percent was in the City ofMiami. Chairman Teele: How many were in Flagami? Commissioner Regalado: Too many. Chairman Teele: Just one. Commissioner Regalado: If there's one, there's too many. Mr. Simon: Of those that we served last year, the average age of an adult was 34. The breakdowns are in between, but the average of a homeless child was seven. Vice Chairman Sanchez: Seven? Mr. Simon: Seven. Of those we served last year, self -reportedly, 41 percent were white and 55 percent were black. You will note that 82 percent of those we served last year were United States citizens. Chairman Teele: Say that again? Mr. Simon: 82 percent of those that we served last year were United States citizens. Chairman Teele: What percentage of the white are Hispanic and non -Hispanic. Mr. Simon: We -- last year, 15 percent were Hispanic and 85 were non -Hispanic. It was -- we did not break it down. It's Hispanic and non -Hispanic, which includes black and white Hispanic Vice Chairman Sanchez: What percentage has served in the armed forces of the United States? Did you have that in -- Mr. Simon: 17 percent, sir. Vice Chairman Sanchez: 17 percent. Commissioner Gonzalez: You just said that 80-some percent of the clients that you served last City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 year, they were U.S. citizens? Mr. Simon: Correct. Commissioner Gonzalez: OK Mr. Simon: Those are 82 percent of the people who accepted services. Commissioner Gonzalez: I'm going to request -- refer back to one of your -- You said that one of the reasons for homeless was the amount of immigrants -- Mr. Simon: Correct. Commissioner Gonzalez: -- coming to the United States, right? Mr. Simon: One of the unique factors to the City ofMiami. Commissioner Gonzalez: How can you substantiate that -- OK. Continuous flow of immigrants countywide. What kind of immigrants are you talking about? Mr. Simon: We're talking Haitian immigrants, Cuban immigrants and basically, sir, I need to emphasize the fact that these are the people who accepted services. Many illegal immigrants do not accept services for fear of repercussions. These are the people who we actually served, who we placed into shelter, 82 percent. Commissioner Gonzalez: But then going forward to your percentages now of the racial breakdown, you said that 80-some percent of the clients that you served were citizens, so they were not immigrants. Mr. Simon: Correct. 82 percent of the persons who accepted services were United States citizens. Commissioner Regalado: So what you're saying is that if they don't accept services, they will not be shown in the statistics? Mr. Simon: I have no way of knowing, of the street population, from a glance, when we go out and count if they are citizens or not. These are the people who accepted services, who gave us documentation that we know for a fact. Commissioner Regalado: Right. Also, to follow up just for information, Cubans have a status. Regardless the way they come, they are not illegal. They -- Mr. Simon: Correct. Commissioner Regalado: -- they are not considered illegal, so illegal -- there is no illegal immigration from Cuba considered within the framework of INS (Immigration and Naturalization Services), because any Cuban who comes in, wet feet, dry feet, he becomes eligible -- Mr. Simon: Ten percent were -- Commissioner Regalado: -- for residency, the year and one day. You know what I mean? So there is no illegal entry. Mr. Simon: Additionally, I would like to add here that there is no -- the fact that a person is City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 illegally here, we do not preclude them from getting -- Commissioner Regalado: Services. Hr. Simon: -- from services. It just -- they tend not to understand that. Everybody is eligible for services through our funding sources, regardless of their legal status. This is the distribution of the educational level of the persons that we served last year. Chairman Teele: Is the 14 and six cumulative? Hr. Simon: I'm sorry, sir? Chairman Teele: Does the 14 include the six percent? Hr. Simon: No, sir. Chairman Teele: So 20 percent of the people have attended college. Hr. Simon: Have attended college. Chairman Teele: 20 percent of our homeless -- Hr. Simon: Correct. Commissioner Winton: That is an amazing statistic. Vice Chairman Sanchez: I'm sorry, what was that? Hr. Simon: 20 percent of the homeless population has attended some college, if you add the six percent and the 14. Commissioner Winton: That is amazing. Hr. Simon: 14 percent of those have attended and have not graduated. Chairman Teele: Is this adult -- Hr. Simon: These are the adults that -- Chairman Teele: -- or is this all? Hr. Simon: These are the adults, head of households that we served. Chairman Teele: Gee, hell of a number. Hr. Simon: We have grouped the homeless population into three basic categories, and these are recognized by HUD, as well. We have the situationally homeless, which are the homeless who have been -- this is the first time that they've been homeless, and they probably will never be homeless again. It's economic reasons, and the majority of the people who fit this category are families. We have the episodically homeless people, who are in and out of the system. They have periods where they're moderately functional. Something happens, and they access the system again. We have the chronically homeless people, and chronically homeless is now defined as those who have utilized the homeless system four or more times within the past three years, or people who have experienced homelessness ongoing for a year or more. In a recent survey of over 200 people in the downtown area who are homeless, you will note that 48 percent of them -- City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 and it's not just downtown. It was during a downtown/Omni -- during our regular outreach efforts, but 48 percent of the people that we surveyed say that they had been homeless for a year or more. About half of our population definitely fits into the chronically -- chronic category. As you are aware, the City ofMiami has been ranked the poorest major City in the nation. Just an example, it would cost -- one would have to work 86 hours a week at minimum wage to afford a one -bedroom apartment in the City ofMiami, or make $11.13 an hour at a 40-hour work week for a one -bedroom apartment at fair market rate. Some of our major accomplishments last year: We received State funding for the first time and we also -- I'm just going to highlight them. We instituted the jail discharge procedures. The jail discharge procedures is where we have an outreach team actually located at Dade County Jail as people are coming out or being released from jail. We have been able -- we offer shelter to those people. We have been able to buy beds in emergency shelters outside the City and we've offered for those who do not want to go to shelter, we provide transportation back to the jurisdiction of their arrest. This is State funded, and I'd like you to note that in April of 2002, we counted 119 people on the streets ofAllapattah. Last Thursday, we counted 28 at about 1 o'clock in the morning. Commissioner Gonzalez: And let me tell you, I want to congratulate you, because I have heard of the great job that you're doing in reference to these homeless that come out of Dade County Jail, in making sure that they are brought back to their communities, to where they came from, you know, and relocating to the areas that they came from, so -- and I heard that you're doing a great job in that, so I -- you know -- Mr. Simon: Thank you. Commissioner Gonzalez: -- I have to congratulate you, because some of them stay in Allapattah in the Civic Center area, but from there to downtown and to Overtown, it's just a ten-minute walk, and they are all over downtown and Overtown, so I think you're doing -- you know, you're doing a great job in that. Mr. Simon: Thank you. Also, we did provide transportation to 699 people out of the City last year. Commissioner Winton: I don't know if you all remember but -- and I'm assuming some of this -- these statistics will come out sometime when the Mayor unveils his kind of global plan, but we -- I think it was the Metropolitan Center. This goes back a year and a half, and it's been going on there, a series of exfra steps to do an analysis of where homeless people are coming from, and I'm going to have the numbers a little off but I think we -- originally, we looked at sample size of something in the neighborhood of 400 individuals who had been arrested, and tracked their arrest record back to the first time they got into the system to determine where they came from, and interestingly -- and I think the number was right at 26 percent or 27 percent of the individuals that were originally arrested, who have now remained in the City ofMiami, because they got arrested and brought to jail here in the City ofMiami came from Miami Beach. Miami Beach is a municipality that does not pay the half penny sales tax to support homeless programs. Why should they? They can move them to the City ofMiami. Commissioner Gonzalez: We're taking care of their problem. Commissioner Winton: Yeah. So -- Commissioner Gonzalez: For free. Commissioner Winton: So I just thought I would put that on the record for us to mull over, and we'll talk more about it at another time. Mr. Simon: We also conducted over 400 community cleanups in partnership with the Miami City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Police Department and our Solid Waste Department to ensure that the homeless persons are provided services, that their civil rights are respected, and that our rights -of -way are clear of homeless encampments. At a glance, the major services that we provided are listed below, but overall, the services that we provided last year were up 23 percent and totaled over 28,000 individual services. That includes food, clothing, shelter, emergency weather, transportation -- just a gamut of things that we do -- medical referrals, et cetera. Chairman Teele: Brad, could you go back to the previous slide, please? Mr. Simon: Sure. Chairman Teele: You -- who represents the City on the Homeless Trust Board? Mr. Simon: I sit for the City Manager -- the City Manager's representative. Chairman Teele: How much money does the Homeless Trust administer annually? Mr. Simon: Approximately fifteen million dollars. Chairman Teele: How much of that money comes to your program? Mr. Simon: Directly to my program, two hundred and sixty-one thousand dollars. Can I explain that? There are a gamut of services -- Chairman Teele: Before you explain -- Mr. Simon: Yes, sir. Chairman Teele: -- let me understand the numbers. What percentage of the -- did you say fifteen million? Mr. Simon: Correct. That's -- Chairman Teele: What percentage of the fifteen million is collected in the City ofMiami? Mr. Simon: I'm sorry, sir. Let me be -- let me back up. We have -- they administer the fifteen million from the Super NOFA (Notice of Funding Availability) and the one percent food and beverage, which is approximately eight million, so twenty-three million. Chairman Teele: Oh, so now it went to twenty-three. Mr. Simon: Twenty-three million, yes, sir. Chairman Teele: Well, let's just talk about the eight million. Commissioner Winton: Well, then you're at one percent. Chairman Teele: The one percent that Commissioner Winton just made reference to that Miami Beach does not contribute money. Miami Beach does not collect money for the one percent; is that correct? Mr. Simon: That is correct. Chairman Teele: So what percentage of the money is collected within the City ofMiami? City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Simon: We estimate -- it fluctuates. It was down a little bit last year, because of the revenues from the stadium during the World Series, but we estimate anywhere between 23 and 32 percent. Chairman Teele: So if we just take a number of 30 percent, 30 percent of eight million is what? About two and a half million? Commissioner Gonzalez: Two point four. Chairman Teele: Two point four million? Mr. Simon: That is correct. Chairman Teele: And of the two point four million, we get back how much? Mr. Simon: Of that, sir, we directly get back money for emergency motel out of the food and beverage. The majority of that money is allocated to the -- to Community Partnership for the Homeless for the operation of the two Homeless Assistance Centers, because HUD, through the Super NOFA process, provides the other services, so the one percent food and beverage is allocated for the emergency shelters, and is run -- which is run by the CPHI. Chairman Teele: Well, what was my question? I know what you answered. Mr. Simon: We get fifteen thousand dollars. I'm sorry. Excuse me. We get seventeen thousand, five hundred dollars out of the one percent food and beverage. Commissioner Gonzalez: Seventeen thousand, five hundred dollars. Mr. Simon: For emergency hotel/motel money. Commissioner Winton: Fifteen thousand? Is that what you said? Fifteen -- Mr. Simon: Seventeen thousand, five hundred is what it is, yeah, out of that money -- Commissioner Regalado: And how much -- Mr. Simon: -- comes to our program. Chairman Teele: Before anybody says anything, let me just say this: The centers -- the -- who did you say gets the money? Mr. Simon: Community Partnership for the Homeless. Chairman Teele: The Community Partnership for the Homeless is doing, has been doing, continues to do an excellent job. Mr. Simon: Correct. Chairman Teele: And I think the thing that I'm most impressed with is they work closely with your staff in the field. I've seen them working together, the green shirt, et cetera, so it's not like us or them, but the question becomes, how can we get -- I mean, you know, I drive through Overtown every day. I can take you to the 9th Street Mall, and there'll be at least -- pick a number -- 30, 30 homeless people there. The mall -- I mean, you know, the benches are their living room. How can we get more money to carry out our services in the City from the money that we're putting in? City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Simon: We would have to -- that's where I would ask for your support and help. The monies have been allocated through the County to run the emergency shelters, primarily, because the Super NOFA will not fund those type of activities. Chairman Teele: How would you characterize our working relationship with the County? Mr. Simon: We have been partners with the County. We support the County's efforts. We -- it has been rocky in the past, but we are a very integral part and the role model for all the outreaching that's -- we have only been allocated the -- so our relationship is very good. They recognize us as being the lead agency in homeless services for what we do, as they recognize Community Partnership for what they do. They are very supportive of us. Chairman Teele: But we should be working hand in glove with Community Partnership, because their facilities are in the City. Mr. Simon: We do, sir. Chairman Teele: And part -- but, see, this is the issue: Part of the promises -- and everybody around this place makes promises -- part of the promises that were made by the Community Partnership for the Homeless was that the first priority for beds would be with the City ofMiami and the surrounding area, the Overtown area. I mean, now, somebody needs to go back. I wasn't on the Commission. It was a close vote and all of that, butt remember that very well as one of the conditions of the construction of the facility, and we've allowed them to expand the facility. Mr. Simon: Commissioner, we are and continue to be the sole referral source to the Homeless Assistance Center on Miami Avenue. They do not do walk-ins. They do not accept referrals, except in extreme emergency situations from County outreach teams. It is only through the Miami Homeless Assistant Program or the City ofMiami Police Department that they accept people into their facility. Chairman Teele: But they're living up to their end of the bargain? Mr. Simon: Yes, they are, sir. Commissioner Regalado: Mr. Chairman -- Chairman Teele: Congratulations, Mr. Simon. Commissioner Regalado: Mr. Chairman, just a point of clarification. About three meetings ago, the issue of homeless was discussed, and it was suggested, I think, by you and supported by the City Commission that I bring a report to the City Commission regarding this situation. I have requested to go before the Homeless Trust -- that's what the name is -- and first, I was asked to make official request to be placed on the agenda. We did. Last week or -- was it this week? Mr. Simon: Monday. Commissioner Regalado: Monday. Brad, and Ricardo and the person from the County, we met. He requested that I would defer, ifI would defer the presentation before the Homeless Trust until the Chairman Ron Book comes back from Tallahassee. They were really -- or he was really persistent to understand why we want to -- I want to go before the Homeless Trust. I told him that I thought that the City and the County have completely failed in the public opinion campaign in terms of perception about homeless throughout the County, and especially that that failure was affecting the image mainly of downtown Miami and Omni, and I would also, of City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 course, ask about the money and the situation. They seemed very, very nervous in terms of why I want to go before the board, you know, what is it that want to ask. Now, I ask you, members of the Commission, if you still want me to do this, I will be asking them to place me in the main agenda, and I will go there and transmit those same concerns. I have to tell you, though, that the person from the County complained about the City doing an independent program about the homeless situation, and they said that it's very difficult to work -- that's what the -- the words he used, right? -- that it was very difficult to work in dysfunctioning between the City and the County. Mr. Simon: He is basically -- Chairman Teele: Who is "he, " Brad? Mr. Simon: I'm sorry. David Raymond, the Executive Director of the Homeless Trust at this time. Commissioner Regalado: So just to end, if you all want me to go there, it may not be nice/nice, because I will be representing the interests of the City ofMiami, and I don't have a problem in going there and challenging all these numbers and corporations, but I just want to make sure that you all want me to proceed. If not, I will withdraw the request to be placed in the agenda. Chairman Teele: We voted. Commissioner Winton. Commissioner Winton: I would very much like to respond to Commissioner Regalado's question there, and my view is very strongly that at least personally, I would encourage him to go, and I would like to deliver this message to the folks at the Trust: I think they have done an outstanding job. I think everybody has worked hard and made a significant commitment to the homeless situation. However, I will say very clearly and as strongly as I can that the issue of solving the homeless problem in downtown Miami needs significantly more attention. Commissioner Regalado: That was my point. That was my point. Commissioner Winton: It is not being appropriately addressed. It is running at a -- while these numbers show finally there is a drop, and if you look at their numbers, there's this kind of gradual, sinking drop theoretically, anyway. I don't know ifI believe any of the numbers, because what can tell you, I drive downtown. I represent the district, and you can go into the Omni West area, the Park West area, into the core of downtown, in the Bicentennial Park, every damn night and find tons, and tons, and tons, and tons -- and Overtown -- Chairman Teele: Thank you. Commissioner Winton: -- and find a huge, huge number of homeless people, and it's there every night. It's been there every night since I've been in downtown, which is 1989 is when I first moved to downtown. It was there then, it was there five years later, five years later, and it's there now, so my view is there has to be a significant renewal of energy and a potential redirection of resources, and maybe some new thinking -- and I'm wide open to anything -- some new thinking that will appropriately address and attack the homeless issue in this big swath of area that encompasses kind of -- of principally Overtown, Omni West, Park West, that downtown area, and so, Commissioner Regalado, while ifI were going, I consider many of the people that serve on that board -- I know many of them -- I consider them to be outstanding citizens, committed people, but think we do need to deliver the message that it's time to rethink the way we're approaching the whole homeless issue in the City ofMiami. Commissioner Regalado: Commissioner, I just wanted to make sure, because I am not going there to do battle with anybody, because, you know, all these people are volunteers who offer City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 their time, butt will go there to do battle with the system, the process. Commissioner Winton: Right. Commissioner Regalado: And, you know -- Chairman Teele: Commissioner, let me weigh in on that. First, I'm in agreement with you and Commissioner Winton. We asked you to do it. We're -- we -- recognizing it's not your district. Your district probably has the least implications. Commissioner Regalado: One is too many. Chairman Teele: And one is too many, but the fact of the matter is we've asked you to go. Now, I would put a caveat. Tell them if they don't treat you well, then we're going to ask Commissioner Gonzalez to come and replace you, so they'd better -- Commissioner Regalado: Oh, frust me. Chairman Teele: -- they'd better treat you nicely, or we're going to send an angel, Gonzalez to deal with this issue. Commissioner Regalado: But trust me, frust me, frust me, I can be very nice, but also, I can -- Chairman Teele: Well, I just want to be on the record on two important points. I think one is the -- there's no reason to throw the baby out with the bathwater. I think Commissioner Winton maybe touched upon the issue that want to associate myself with, Tomas, and that is, we probably need to do some new thinking, some rethinking of where we are, and certainly, the Community Partnership for the Homeless facility, where they've got a fixed cost now, and they've got certain things, we can't start undoing things and creating instability. We've got to be very careful in how we approach this. The fact that the staff is saying that the Community Partnership for the Homeless is taking referrals only from the City and that you all have an excellent relationship means that we want to be careful about that, I would assume that the vast majority of those dollars that we're talking about, that eight million dollars goes to the Community Partnership for the Homeless. Hr. Simon: That is correct. I believe 80 percent of the eight million dollars runs the two homeless -- runs part of the Homeless Assistance Centers. Chairman Teele: So that gives you sort of the picture of what we're looking at in terms of how those dollars are going, and they appear to be well spent. Now, whether or not we can somehow do what Commissioner Winton and I are suggesting, and that is, take a second look at how the overall program is being addressed. The second point want to make before we leave, and I'm sorry Angel is -- Commissioner Gonzalez is not on the dais, we share some culpability, some responsibility and culpability in this dilemma. Now, this Commission, for over 20 years has had a vote to move the Camillus House, only to see it melt and evaporate on the day of the vote, Tomas. Commissioner Regalado: Yes, sir. Chairman Teele: And, you know, a part of how we're going to solve this homeless problem in the downtown/Overtown/Park West/Omni area is we've got to come up with a better site and plan for the delivery of services, and I, like everyone else, I was distressed to learn of where the Camillus House currently is, and it's with the management challenge and those issues, but do think that we've got -- Tomas, that you're going to have to look at that also as a part of the mix. The final point in this is this, and this is the new reality: Let's start with Edgewater/Wynwood. City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Today, we're going to be talking about a development that's going to cost about -- how much, Johnny? I still don't know the numbers yet. Commissioner Winton: Well, the overall project cost is -- yeah, it's a billion and a half or two billion dollars. I mean it's -- Chairman Teele: OK. Let's say one and a half billion dollars, so that's the northern end of that Edgewater/Wynwood area, so you're going to have a two billion dollar investment in there. You're notgoing to be able to -- homeless are notgoing to be able to couch there, OK? As you come south, we've got another billion dollars of investment going up now in the Omni area between the 1800 Club and the Village on Biscayne Bay and two or -- Commissioner Winton: Platinum and Ice and all those others. Chairman Teele: -- and two or three other things, and so you're going to have a fremendous pressure for the displacement of homeless there, OK? Park West, of course, we've got tremendous investment. We've had investment in there, the club owners, et cetera, are very frustrated. We're going to talk a little bit, you know, about the potential development in Overtown and all of that, which it's going to be primarily residential, and so what you're going to -- what the new reality is, is that you're not going to have any area right now that there's not going to be fremendous pressure to get a permanent solution for the homeless. And what I think, rather than beating up on the Trust, per se, we need to try to get the Trust to agree to join us with a solution on how we can come up with a funding stream and a funding source to build more beds. We need at least 600 more beds, as I see these numbers. What's your -- Mr. Simon: Our estimate right now is these are service -resistant people, and the Interagency Council on Homeless has suggested that we go to housing first models, which would put people into the housing, bring the services to them instead of making them accept the services on the front end, and we would need -- that's permanent housing, basically, sir, and we need about 15, 000 units in this County for that, but we will -- we are working in order to -- we recognize -- excuse me -- that we've done a wonderful job with the population that will accept services, and we are ready, willing and able to start identifying the others. Chairman Teele: Brad, I'm not going to argue with you. You're an expert, and I really appreciate your presentation. You're a professional. You're an expert. I don't agree with you. Mr. Simon: OK Chairman Teele: Because let me tell you why. You're dealing with those who will accept service . The problem that I see in Overtown -- OK? -- let's just take the 9th Street Mall, and you ought to talk to your people. You ought to talk to the people at the Community Partnership. Those folks don't want services. Mr. Simon: Those are the service -resistant, exactly. Chairman Teele: OK? Those folks don't -- so dealing -- Commissioner Winton: And they're notgoing to want a house, either. Chairman Teele: 15,000 houses is not going to move one of those people, OK? So we're disconnecting. You're not hearing what I'm saying. The problem that we've got, I think, is the people who don't really want services -- the mentally ill, the substance abuse, the people that are for some reason unplugged -- under the various court orders, which nobody has brought up, we do have the right to put those people in a facility at night, do we not? Mr. Simon: The Baker Act is just -- City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: No, no, no. Commissioner Winton: Not Baker Act. Mr. Simon: No. You're not talking the Baker Act. Commissioner Regalado: Pottinger. Chairman Teele: Pottinger. Mr. Simon: Pottinger. If there is no shelter space available, they can stay on the street. If there -- Chairman Teele: OK, let's just stop right there. Commissioner Winton: Ask the City Attorney. Alejandro Vilarello (City Attorney): Conversely, if they are committing one of those designed or denominated crimes and there is shelter space available, we can remove them from the street. Mr. Simon: That is correct. Mr. Vilarello: Or take them to jail. Chairman Teele: But the point that I've understood that somebody has got to correct me on is, if we had temporary housing at night for some of these people, these people who don't want service, the police have the right to remove them for being a nuisance or whatever. Mr. Simon: There's 11 life -sustaining misdemeanors that are effective. Mr. Vilarello: But the misdemeanors are being committed when they sleep on the public sidewalks, and block the sidewalks, et cetera, if there are beds available. Chairman Teele: If-- that's what I'm saying, so how many beds are available? Mr. Simon: We're showing about a 90 -- what? -- a 99 percent occupancy rate at the Homeless Assistance Center right now. Commissioner Winton: That's the point. Chairman Teele: OK, so how many beds are available? Commissioner Winton: None. Mr. Simon: Five. Commissioner Winton: There's no excess beds. Mr. Simon: Five, ten a night. Chairman Teele: OK. Now, how many people have we talked about today that are sitting there in the 9th Street Mall and sitting there along the parks in the Omni and downtown on the sidewalks, about how many people do we have there? City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Simon: We counted 827 last Thursday. Chairman Teele: And that's my point. My concern, Commissioner Regalado and Commissioners is that we need to deal with that 800 group of people, and that 15,000, you know, the long-term housing and all that, you know, that's above my pay grade right now, but the 800 that everybody knows is a problem, we don't have a solution for and the solution is we've got to get more beds, at least 600 more beds. Commissioner Regalado: Mr. Chairman, Mr. Chairman, the -- see, that was my point when I met with them, and I did not -- I did not like very much the long-term or the short-term strategy or solution that they were offering, because this housing project, what will do is that some landlords with buildings in Allapattah, in East Little Havana, Overtown will say to HUD and the Trust: OK, I'm taking -- you pay me. I'm taking like a Section 8 thing. I'm taking them, and we are going to solve some of the problem that Coral Gables, Miami Beach and other areas have, because the majority of the people in and around downtown are those who refuse services, and that was my point. That was -- Mr. Simon: Correct. Commissioner Regalado: -- the point I was trying to make when we met, so -- and the second point, Johnny, is I told them there is an urgent need to do a public opinion campaign, an information campaign, because, you know, they will come up with statistics. Things are better in downtown now, but still, if we go out there to Bayshore, stop somebody and say, where are the homeless here in Miami? What would they say? Downtown, because that's the perception, and not only, they will say downtown. That's the perception, that's the image that people have in their mind, and that was my argument, that a campaign is needed; granted, Camillus House is a large component of that. The other day, there were 46 people sleeping outside -- Mr. Simon: Outside of Camillus House. Commissioner Regalado: -- in the sidewalk of Camillus House, so, you know -- but this thing about housing, I'm concerned, because what will -- it would do to the City ofMiami, they will bring people to East Little Havana, Overtown and Allapattah where people have buildings, maybe with some apartments, empty apartments. They're going to get their checks, like a Section 8 thing, and it will not solve the problem of those who do not want services, and that is why I wanted to go there and present that case. Commissioner Winton: Let me -- Chairman Teele: Commissioner, I think one thing we need to do, we need to instruct the staff to draft a resolution that establishes the priority of this Commission in consultation with the Manager -- not do it today, but the one thing that I've heard two Commissioners say -- and I'm associated with it -- is that we don't necessarily want to try to solve the long-term problem first. We want to solve -- Commissioner Regalado: That's what I said. That's what I said. Chairman Teele: We want to solve -- that's what Commissioner Regalado's saying and Commissioner Winton's saying. I want to associate with that. We want to solve the transitional problem first, and that is the 600 to 800 beds that gives the police the authority to take the people for vagrancy, or for sleeping on sidewalks, or sleeping in parks and all of that there on a night -by -night basis until we can get this matter resolved. Commissioners Sanchez and -- we need to really try to figure out, you know, are we all -- you know, are we all on board with this? And Commissioner Gonzalez, I made some flip references while you weren't here. I hope you don't take offense to it, but the reference I made is that if the Trust doesn't treat Tomas well, City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 we're going to send you, and so they better freat him well, but we would like to hear your comments in terms of this issue that appears to be coming up about -- Commissioner Gonzalez: Let me tell you, I recognize the homeless problem as a problem, but the -- and I know that the solution that everybody is looking at is to open a facility, another facility in your district and my district, which is divided by one street, and I don't mind being part of the solution. I want to be part of the solution. I want to be part of the solution, but have a lot of questions, because we're talking about now 600 more homeless or 800 more homeless, 800 more beds. Fine. They go in at night and they're out of the streets ofMiami at night, and they don't want to participate in the program. They're going to sleep there because the police is going to take them there. Next morning at 8 o'clock, they will be all over my district and all over your district, and they will be panhandling on my sfreets and your sfreets, and they will be -- because downtown is very important. Downtown has a lot of business, but also have -- Commissioner Winton: It's a lot of business. Commissioner Gonzalez: -- three thousand and some hundred businesses in my district, andl have about 300 businesses just on 20th Street that has taken years, and years, and years to build to where it is now, OK? So who's going to give me a solution for that? Who's going to give me a solution to what would happen at 8 o'clock in the morning, and from 8 o'clock in the morning to 8 o'clock at night, when they will be picked up again? Because, let me tell you, between 10 at night and 6 a.m. in the morning, they can do no harm. All they can do is sleep on the sidewalks, and sleep on the bed, but during the day, when businesses are open, you're suffering that now, and you're suffering that now, Commissioner Teele. I would -- and I been suffering those consequences -- OK? -- in a minor scale. Now we're talking in a bigger scale. Commissioner Winton: And your question is absolutely 100 percent appropriate, and we have to have the answer to that question. Without the answer to that question, we're never going to get anything done. Commissioner Gonzalez: Exactly. Commissioner Winton: So I think that is the fundamental question that ultimately, we have to get answered, and I think if we get it answered to our satisfaction, I think we're going to have -- we're going to be able to move forward, and could I make two more real quick points? Chairman Teele: Please. Commissioner Winton: One is relative to a solution. The other is to piggyback on a point that each of you have just made that hadn't thought of until you, Commissioner Teele, just brought it up. Solution part is going to be partially funding. I would hope that when the Mayor brings all of his data out that we can all figure out a way to encourage our colleagues on Miami Beach to reconsider this whole issue of the -- is it a half penny or a full penny? Mr. Simon: It's a full penny. Commissioner Winton: -- to reconsider this issue of funding support for homeless, particularly in light of the fact that we know that in that test study we did that at least 26, 27 percent of the people in that one sample test study we did originally hit our sfreets and stayed on our sfreets because they got arrested in the City ofMiami Beach, and so I hope we can figure out -- maybe we can encourage them to go to a half a penny instead of a full penny or something, because that resource will help solve the problem. That's one, but the other part that -- and I had not thought about this ever, but Commissioner Teele brought it up, and it relates to this whole issue, directly to your question about how do we answer the question of the 600 beds, where those people are going to go. We do have a real problem coming that know is going to make many of you mad City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 at me. We know traditionally, the homeless go away from bustling areas. We're bringing housing beyond belief into the core of downtown, which is 37 percent, according to this chart here, and housing is coming to Overtown, where there's another 20 percent of the population, and we've already talked about Wynwood/Edgewater, which isn't a high percentage, but this downtown thing, which is where the majority of them are, there's a lot of housing coming. That is going to, all by itself displace -- not solve, but displace homeless, and they're going to start moving into other parts of all of our districts. The ones who will be affected will be Joe Sanchez; you, Commissioner Gonzalez; Commissioner Teele and me, in some other neighborhood. I don't think Commissioner Regalado will be impacted much at all, but in East Little Havana, I will -- you know, I'll bet -- I can just see it now. People are going to be moving into parts of East Little Havana and certainly into Eastern Allapattah, and different places in Overtown and Wynwood. That's going to come. I think that's one of the other reasons, because of all the housing that's coming, one of the reasons why we've got to bring somebody before us that can answer your crucial question there that is the sixty-four million dollar question, because without the answer to your question, we're not going to make any move, and what's the answer? Maybe we'll be happier. Commissioner Gonzalez: And, Johnny, the fact of the matter is that we have been working with the University ofMiami on a big, big project, you know. Commissioner Winton: Exactly. Commissioner Gonzalez: It's a multi -million dollar project, billion dollar project for the Civic Center area, and let me tell you, if we -- with this situation, do you think anybody is going to invest any money there? Everybody invests money to make money. Commissioner Winton: Bingo. Commissioner Gonzalez: You don't invest money to lose money. Commissioner Winton: Right. Commissioner Gonzalez: OK? So the investors are going to go away from the Civic Center. The University ofMiami is going to have a tough time, and Jackson Memorial is going to have a touch time -- OK? -- finding financing and -- for what they want to do there. Commissioner Winton: I support your point and agree with you 100 percent. Chairman Teele: I do, too. Commissioner Gonzalez: We have a project -- supposedly, there's going to be a project coming up at the Mahi Temple site that's next to where you live, Commissioner Teele. It's a project that's going to be about a two hundred million dollar project. Do you think that we have a situation like that, anybody is going to invest two hundred million dollars in that project? Commissioner Winton: They already started construction. Commissioner Gonzalez: They won't. They will leave. Commissioner Winton: It'd be a mess. Commissioner Gonzalez: You know, so we got to find a solution. I want to be a part of the solution, but I also have to have assurances that I'm not going to be affecting my commercial district and my tax base in my area, and the future businesses and development that are coming up in my district. City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: We agree. Chairman Teele: I agree. Commissioner Gonzalez: And I think that that is only fair. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: Well, the bottom line is that we, as the legislative body, are going to have to find that -- you know, we're going to have to find a solution to that problem. Let me tell you, we are at a disadvantage and we basically -- not us, who sit on this Commission -- but in the past, we have painted ourselves, you know, into a block in the room. I mean, we have cornered ourselves on the issue, not because of the decisions that we've made, but the decisions that have been made in the past, so you take into consideration all those that we have analyzed -- and we have debated this back and forth. You know we -- look at all the factors that have been -- and the Pottinger case really puts us at such a disadvantage, but that -- it happened. There's nothing we could do about it. The County jail, being exactly where it's been placed puts us also at a disadvantage, and we continue to address those issues to fry to solve, you know, solve those problems. The other is what we've done in the past to allow churches from outside of the City to come in and feed in the City, so, you know, we have not helped ourselves. We have hurt ourselves on this issue, so, you know, taking all that into consideration, and, you know, I sit back and I listen, because, you know, this is going to be a tough one. It's going to be a tough one, because I know that no matter, you know, how hard we work, we're not going to be able to address all the answers. I mean, this City, since it was incorporated, probably because of the climate, you had people that were homeless. They came down south. I mean, when it's cold up in the north, they come down south, and we have addressed the issue as best as possible. You know, we have allowed the housing facilities to be there. Yeah, they help the situation, but once again, you create an environment where -- you know, if you're too friendly, people are going to come from all over the place because, hey, that's the place to be if I'm homeless. I don't have to worry there. My food's going to be provided for me. Everything's going to be provided for me, so you've got to be careful how we do that. There's a lot of things that we need to take into consideration here and work better with other governments. A lot of the things that my colleagues have stated make a lot of sense. We need to work with other municipalities. Hey, it's not our problem. It's everybody's problem. Commissioner Gonzalez: It's everybody's problem. Vice Chairman Sanchez: But as long as it's in the City ofMiami, I guarantee you, it's not Homestead's problem, it's not Miami Beach's problem, because I can tell you stories, you know, when I was a State trooper. Miami used to dump them over the bridge and tell them, walk west, and you'd see them walk west. They kicked them out of the beach and they would walk west, and it was getting rid of their problem, but creating a problem for another municipality, so I want to be a part of that solution, gentlemen, but I'll tell you one thing. We have to be very careful, because as we speak here today, there are a lot of questions that don't have answers yet. At least they're not concrete answers that would change my mind, although I have seen that we have made improvements as to some of the things that have been put on the table, but it is a very tough call for all of us to make. This Commission has not made it in 20 years, if I'm not mistaken, but as a leader, I am prepared to sit down, analyze the situation, and if it comes to where we are able to address the issues, where we're able to compromise on some of them -- because, believe me, there's going to -- take compromises on these issues -- then I'm prepared to make that move, butt was the last one to speak today, because, you know, where I come from, mama said, son, you got two ears and one mouth, and that's exactly what I'm doing here today. I'm listening and listening to all the concerns, and let me tell you, what Johnny stated, and what Commissioner Teele stated, and Regalado stated, and Angel stated, they all make logical -- they City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 all make -- they're logic to me. I mean, I could understand their concerns, because, you know, it's either going to affect us directly or indirectly, but having that -- said that, I want to take the opportunity to commend you and all those who work with you, because, sir, you have made a difference in the City. You have educated me on the issue. You have presented to us reports and the action that you have taken. You've educated me on the issue, and I do see that there is a tremendous improvement based on sensibility, based on an understanding, gathering information to make sure that we address an issue that we're all very concerned with, and it affects our community, and that's the homeless issue, so thank you very much on that. Mr. Simon: Thank you. Commissioner Winton: Joe, could I make one last point? And it addresses something you said, and that you said, and that is that, Joe, you said that this is not our problem alone, and it really isn't. It's a -- it should be considered a County problem, but you know what the fact of the matter is? It's our problem alone. Commissioner Regalado: Of course. Commissioner Winton: Nobody gets penalized but us. Commissioner Regalado: Of course. Commissioner Winton: They're all here in our City -- in our City, not somebody else's City. We are the ones that will get penalized, which is the reason we have to craft the solution, not wait on somebody else to craft the solution, and to the point that you made about someone -- the new Executive Director of something that was complaining that we're -- we've got our own program now, and it's a problem -- what was that? Mr. Simon: No. Commissioner Regalado, I believe, spoke on the fact that he is afraid that we're trying to pull away from the County. In actuality, what we're trying to do is enhance the countywide programs. Commissioner Winton: Yes, and that's the point I want to make, and I want -- and I think everybody out there who's involved in the homeless issues from the County to the Trust and everyone else needs to understand very clearly what I just said. This is -- while we all agree philosophically that it is a countywide problem, the fact of the matter is the only penalty paid is in the City ofMiami. We pay all the penalties, so if anybody doesn't like us gearing up a program to begin addressing the issues that no one else has been able to solve, then my point to them is go solve the problem and we'll dismantle our program, but until somebody else solves it, I think we've got to become much more aggressive at solving this problem, and grabbing the bull by the horns, and making something happen. End of my point. Chairman Teele: All right. Gentlemen, it's 11:30. We do want to hear the testimonials from Monty, Jackie and Sandra. Commissioner Regalado is going to have to leave in a few minutes, so why don't we do this: Could you tell us where you want us to be and then bring up the three testimonials? And then we'll sort of take an action. Mr. Simon: Yes, sir. I am -- have basically concluded my presentation with -- except to let you know that we are developing a comprehensive plan dealing with the chronic issues. We will do it and come up with a plan much like we did with the jail project in order to deal with a targeted population. We're identifying monies to do so. Accessing it is another thing. We will identify it and we will aggressively try to access it, and we are participating in the countywide ten-year plan. Now, I'd like to introduce the three individuals that I brought to speak. Monty Berger. Chairman Teele: Jackie Epson, you take the other mike so we can go right -- and Sandra, you City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 stand by. Monty Berger: Good morning, Commissioners. Vice Chairman Sanchez: Good morning. Mr. Berger: My name is Monty Berger, formerly homeless; university graduate, also; United States veteran of the Air Force. In 1997, I became homeless due to my substance abuse addiction. For the next three years, I lived in shelters and on the street. I entered the Veterans Administration Hospital in the year 2000 to recover from my addiction. I successfully completed the program in 2001. I was referred to Jewish Vocational Services to determine ifI was again job ready, and they determined I was, and happily so, I was referred to the Miami Homeless Assistance Program, where currently, I am a team leader in the information referral services. We refer all the homeless to the appropriate programs, shelters, hospital, detox, and) would like to say that my experience with the Miami Homeless Program was a savior in my life at a time I needed it. I'm very happy to work in this field, to reach out to the homeless and provide any service I can. I'm very happy to work every day with Mr. Simon who is a individual I have great respect for, not only because he hired me, but because he is very knowledgeable in what he does and a great leader for us. I'll be brief and thank you very much. Vice Chairman Sanchez: Thank you. Chairman Teele: Thank you. God bless you. Jacquelyn Epson: Hello. My name is -- Chairman Teele: Pull the microphone to you, ma'am. Ms. Epson: Better? Commissioner Winton: A lot better. Ms. Epson: My name is Jackie. Not long ago, I found myself in a position I had never been in before. Commissioner Winton: Jackie, put the microphone in front of you. Chairman Teele: Jackie, you got to give her your full name for the record. Ms. Epson: OK. Commissioner Winton: There, there you go. Ms. Epson: You want my full name? Jacquelyn Epson. Excuse me. Not long ago, I found myself in a situation that I never been before. I was homeless and I was a addict until one day, a outreach team came and offered me some help. Through that team and the Miami Homeless Assistance Program, March the 21, 2004, I celebrated ten years clean. Through the Miami Homeless Assistance Program Agency; my Director, Brad Simon; my supervisor, Lazaro pushing me, I completed my LPN (Licensed Practical Nurse) certification. I'm nervous. Chairman Teele: Take your time. Commissioner Winton: You're doing great. Ms. Epson: I also have been able to deal with, accept and acknowledge my psychological issue. City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 I am bipolar. I take my medication and I do see a therapist. My position in Miami Homeless Assistance Program is the information referral specialist, but when I started out, I started out as a oufreach counselor. The Miami Homeless Assistance Program have also helped me to enhance my knowledge, my skills and my abilities. Because of the Miami Homeless Assistance Program, I have gained my self-respect, my confidence, my independence and my pride. Thank you. Chairman Teele: Thank you very much. Commissioner Winton: Here, here. Chairman Teele: Great job. Sandra Arnault: Good morning, ladies and gentlemen. My name is Sandra Arnault, and I'm a single parent, and I've been working for the homeless program for three years now. Prior to working with this program, I was homeless and was just released out of prison from felony charges. I contact the program due to not being able to go on back to where I come from before my incarceration. The next day, on February 8, 2001, I was picked up from the Women's Rescue Mission by an oufreach worker and was placed at the Homeless Assistance Center. I remained at the shelter for 90 days, pending employment services and low-income housing. During my stay at the HAC (Homeless Assistance Center), I enrolled in the Jewish Vocational Services, which is a temp service for employment. I was given a opportunity to work with MHAP on a temporary basis, and I applied myself everyday to their needs. After working with them for about a month, I was hired full-time by the program coordinator, Bradley Simon. Through the program, I've obtained permanent housing, a vehicle, a high school diploma and a new fresh start in life. The program truly assisted me in my -- with my son, also, because I was a parent then and I didn't know what I was going to do with the boy, so, you know, they helped me in my time of need and my point of my discouragement. It's fruly a blessing working for this program where now, standing from the other side, I could see, you know, working for this program is very outstanding, and I'm very blessed, indeed, and I thank you all. Chairman Teele: Why don't we give all three of these participants -- Commissioner Winton: Yeah. (APPLAUSE) Mr. Simon: I get emotional when I hear them. We're truly proud of all of our employees. Everybody that we hire are formerly homeless people, all of which have gone through the system, and in closing, we look forward to working with you, and we would like to invite you to come out with us any day. Seven days a week, 365 days a year we're out there from 8 in the morning until 10 o'clock at night. Just give us a call, and we'd be more than happy to sit with you and work with you. Thank you. Vice Chairman Sanchez: Thank you. Chairman Teele: Thank you. Final comments and instructions from the Commission members. Commission Regalado, to them. Commissioner Regalado: Mr. Chairman, I then will proceed in trying to get in the agenda of the Trust for the May meeting. I will be there. I will convey the sense of urgency that we have for the critical cases, and, of course, fry to have some questions answered to bring back to the City Commission. Chairman Teele: Commissioner Gonzalez. City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: No. Like I said when I addressed the issue, you know, continue to trying -- wanting to be a part of the solution, but like I said, I have some concerns and I need to have answers to my concerns. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: No comments, Mr. Chairman. Chairman Teele: Commissioner Winton. Commissioner Winton? Then, Brad, all of us are truly impressed with the presentation. I think we've discussed the need for a resolution that -- the need for a resolution that would perhaps reflect the sense of the Commission. I would also ask you, Brad, to draft up a resolution that we can do as a pocket item today, asking Commissioner Regalado to appear before the Trust. Let's get the name right and asking him to state the concerns and so that there's a resolution that he goes in hand with, as well, but then we need another resolution that sort of codifies the comments and the policy direction, with your input and recommendation with the Manager that we're looking for, and maybe we can have that in the meeting in May. I want to just piggyback on one thing that Commissioner Sanchez said that was not dealt with. This idea of letting churches and people who want to feel good to just come in and throw food out, the way you feed a dog has got to stop. It -- you know, I don't mean to be crass, but, you know, it does a lot more damage than it does good. First of all, it's not healthy, it's not safe, and nobody would want to feed their child that way, or their mother that way, and if people really care, they're going to have to find a facility where they can do feeding, but this just feeding people on the side of the road and driving off I mean, it is a -- Vice Chairman Sanchez: Horrible. Chairman Teele: It really is -- it's inhumane. Mr. Simon: We agree with you, Commissioner. Chairman Teele: I mean, it makes somebody feel good for a minute, but that's not the way we should approach it. We need some solutions on that and -- Commissioner Gonzalez: You feed their stomach, but not their spirit. Chairman Teele: And not their spirits, as Commissioner Gonzalez said. We need for a coordinated program, and we need you to come back, and if we need to adopt an ordinance or clarify something, Mr. Attorney, we need to deal with that, but too many people are doing it. We need to get the police involved in this. We need to get Building and Zoning, and Planning, and NET (Neighborhood Enhancement Team), NET involved, but this has got to stop. We cannot allow that, in my opinion, and I'm picking up with what Commissioner Sanchez said, and I would assume that my colleagues feel in a similar way as Commissioner Sanchez has espoused. Mr. Vilarello: Mr. Chairman, this is clearly one of the issues that we've addressed in our many discussions on it. It is one -- Chairman Teele: Is it legal? Mr. Vilarello: It is one piece of the puzzle, and we certainly have legislation ready to go to address this, but unless you tackle this problem from all sides, you squeeze in one location and you -- and it just squirts out somewhere else, and creates a problem that we don't anticipate. It is absolutely part of our overall plan to prohibit street feeding in the City ofMiami. Vice Chairman Sanchez: But, see, you know, if churches wanted to come -- they come into our City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 City, they feed. You know, they want to feed, let them do it in their churches. I guarantee you they're not going to do it, because a lot of these churches that -- and I got nothing against these churches. I'm a Catholic and I go to church, OK? But let me just state it for the record. It creates an incredible inconvenience. It's inhumane. They go out there, they leave, people's stomachs are full, but the frash is all over the place. We have to pick it up, and then you create an area where, you know, they're there every day to get fed. And I -- we have plenty of great organizations that are already feeding in that area, so if churches wanted to feed, fine. Let them bus them to their facilities, feed them, then bus them back, if they wanted to, but not to come into our City. I mean, we have to address -- and I disagree. I think we need to do one step at a time. There's no way that we could tackle all these issues. We just have to address all these concerns one at a time and address them all. Mr. Simon: Thank you. Addressing that issue very briefly, Commissioners, we have a list of most of the churches that are feeding, and I can let you know that five of them are within the City ofMiami limits. The rest are coming as far as Homestead. Chairman Teele: How many churches are doing it? How many? What's your listing? Mr. Simon: At last count, there were 76, 76 churches, and it is costing my program a hundred and eleven thousand dollars a year dealing with this issue. Commissioner Winton: And you ought to hear their self-righteous indignation at the fact that we are thinking about preventing their God-given right to feed the homeless on the streets of the City ofMiami, and I've been in the meetings with them. Chairman Teele: I don't want to get this into a debate, but I'll -- I know the majority of you would not agree -- I would be willing, though, to find an area, one area where it could be done, I mean, if there is a compromise on this thing, but this idea of just -- people just deciding they're going to feed on this corner, that corner, the whole thing there with the Rabbi King Building, that place had turned into just where everybody was coming. Churches were coming right on the corner of 2nd Avenue, 3rd Avenue and 9th Street, that's all they did, every Friday, every Saturday, feed people, then they go and relieve themselves on the church ground and all of this, because there's no restrooms or this. It's a mess. We don't need to debate it. We do need to look at that issue, I think, and the other issue that -- I want to basically announce that I'm changing sides. I'm with Commissioner Gonzalez in his context that want to be a part of the solution, but I'm not there now, because what Commissioner Gonzalez just said early on, on this transitional care, if it's 600, 800 people in one area, you know -- Commissioner Winton: That's a problem. Chairman Teele: -- we've got to have a -- you know, it may be that we need four facilities or three -- it may be, Mr. Attorney, that we need to buy some land outside of the City. There's no prohibition -- there's no prohibition on that, is there? Mr. Vilarello: You can own land outside of the City limits, yes. Chairman Teele: So, I mean, you know, but Commissioner Winton is right. It's nobody's problem but ours. Nobody cares about -- as far as the County is concerned, they've got a solution. They've got the Community Partnership for the Homeless. They've solved the problem, except we got 600, 700 people in my district and in downtown just sitting there, so we need to take a hard look at this, Commissioners, and I know we've spent a lot of time on it, butl don't know anything that we're going to take up today or any other Commission meeting that's more important long-term that has the impact that this issue has. Commissioner Gonzalez: AndMr. Chairman before we close -- City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: One question. Chairman Teele: Commissioner -- Commissioner Regalado: Just one before I leave. Do you have transportation available? Mr. Simon: Yes, sir. Commissioner Regalado: City vans? Mr. Simon: Yes, we do. We have two vans and nine cars. Commissioner Regalado: City -- how many? Mr. Simon: Two City vans, two 18 passenger vans and nine City vehicles. Commissioner Regalado: OK, two 18passengers. Mr. Simon: Correct. Commissioner Regalado: Well, can you ask those churches if we can bring the homeless to their church to have dinner, and the City would provide transportation back and forth? Mr. Simon: We offered, actually, Commissioner -- Commissioner Gonzalez: That's a good one. Commissioner Regalado: Huh? Mr. Simon: -- we offered that when we designated the two sites a few years ago -- Commissioner Winton: I think we should just show up. Mr. Simon: -- the one across from the MRC (Miami Riverside Center) and the one in Overtown, and they didn't go for it. Commissioner Gonzalez: They said no. Commissioner Winton: No, don't ask. Commissioner Regalado: But why? Commissioner Winton: Don't ask. Commissioner Regalado: Why? They don't like these people there? Commissioner Winton: Bingo. Don't ask, just show up. Chairman Teele: Butl think you ought to ask them -- Commissioner Winton: Every night. Chairman Teele: -- I think you ought to give them a letter in writing. City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: I think you should send a letter that the City is willing to provide transportation so they will be able to continue their good work, and that we will be there for dinner at 5 p.m., and, you know, by -- we'll be out by 7:30, after coffee. Chairman Teele: And we'll bring them back. Commissioner Regalado: And we'll bring them back, so there is no problem. Commissioner Winton: Except the few that might want to stay. They might like their new surroundings. You know what mean? Chairman Teele: All right. Further discussion. Could you help us get that resolution together as a pocket item regarding Commissioner Regalado appearing there? Mr. Simon: Yes, sir. Commissioner Gonzalez: You just hit the nail on the head. Chairman Teele: Commissioner Gonzalez, uh-huh. Commissioner Gonzalez: You just hit the nail on the head -- Commissioner Winton: That's a great idea. Commissioner Gonzalez: -- in the last statement that you made, Commissioner Teele or Chairman Teele, and the thing is that now we have 800 homeless that need beds, but they are scattered all over the City. Each one of us have an amount of homeless out of these 800. On the proposal that have been discussed over, and over, and over, and that still is on top of the table, that will pick up the homeless in the entire City ofMiami and just put them in one area and in two districts, your disfrict and my district, OK? So it will be a total impact. All of us are now being impacted. Commissioner Winton may be impacted by 300. You may be impacted by 100. I might be impacted by 50. He might be impacted by another 50. Well, after we find the solution, we are going to be impacted by 800. They're going to be dumped in your disfrict and my disfrict, and that has been my concern from the beginning. What is going to happen with those 800 homeless at 8 o'clock in the morning when they decide that they don't want to stay at the shelter and they want to go out in the streets? What is going to happen? Vice Chairman Sanchez: All right. Chairman Teele: All right. District Item 2.1. Vice Chairman Sanchez: Thank you, Mr. Chairman. We do have representatives from -- Chairman Teele: Thank you all very much. Vice Chairman Sanchez: Thank you so much. From the Florida -- Chairman Teele: And we particularly thank all of the program staff. Thank you all. Mr. Simon: Thank you. Vice Chairman Sanchez: Thank you. Commissioner Regalado: There was a -- the resolution that you requested for the Homeless Trust Board; for me to represent the City Commission on the May 28th -- City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All right. Pocket items. You want to read the title, just enough of it? Commissioner Regalado: Resolution of the Miami City Commission authorizing Commissioner Tomas Regalado to represent the City Commission at the Miami -Dade County Homeless Trust Board meeting ofMay 28, 2004 to request more support from the Trust; second, request a public information campaign regarding progress of homeless issues; inquire about initiatives specifically targeting the homeless population in the City ofMiami, including downtown, Overtown, Omni and Park West areas. So moved. Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Chairman Teele: Moved. Motion. Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. DI.3 04-00378 DISCUSSION ITEM DISCUSSION CONCERNING ROYAL RENT A CAR. 04-00378-cover memo.pdf DISCUSSED Direction to the Administration by Commissioner Gonzalez to resolve the problem with the rental car that had been assigned to him for the Quality of Life Task Force and which was recalled by a Police Department Major. Chairman Teele: While we're on that, it's my understanding, Commissioner Regalado, you have the Royal Rent-A-Car item. Commissioner Winton has given -- his staff has given me the names of two people that may want to be heard on that. Commissioner Winton: Oh, yeah. I think they came into my office and we just said talk to the Chair. Chairman Teele: Are there people here from one of the rent -a -car companies? How did you want to handle that later on today? Commissioner Regalado: Mr. Chairman, we had a request from Mr. Rojas that he's on his way back to Miami, so if we can do this in afternoon, if it's no trouble for you, because we really want to hear both of you, so after the public hearing on -- Chairman Teele: It's going to be at least 6 or 7 o'clock before we can get to it. I mean, we got a zoning agenda. Commissioner Regalado: Right. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: So tentatively, let's just say 7 p.m. Commissioner Regalado: 7 p.m. Is that OK with you? Sure, thank you. Chairman Teele: But I wish you all would all go to the Manager and work this thing out, so it's not up here with us. Commissioner Winton: And by the way, I just said I'm not in this. Not my district. Commissioner Regalado: No, but I mean, they should be heard, both should be heard. Chairman Teele: Why are you guys all here? Can't you all just go out and work this out? Chad Willard: My understanding was that there was a meeting at the Manager's office this afternoon, and Enterprise left thinking they had a deal. I honestly just happen to be here and heard that this item's now coming back up, so I have no idea what is about to happen here. Vice Chairman Sanchez: All right. Well, why don't you listen to what they've got to offer and then you could say yea or nay. Come on -- Williard: OK. Vice Chairman Sanchez: -- it's getting late, folks. Chairman Teele: All right. We don't want to hear -- Commissioner Regalado: No, no. The reason -- Chairman Teele: We don't want to hear -- Commissioner Regalado: The reason why this is here is because it was placed on the agenda in order to see if things have been resolved. Mr. Williard: Right, and I thought after it was on the agenda this -- earlier today, both sides met with the Manager and there was an agreement reached as to how the allocation was going to go, and Enterprise left here thinking that the issue is closed. Chairman Teele: Sir, let's just sit back, buckle your seatbelt, have a seat. Mr. Williard: OK. Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Teele: Have a seat. Did you give your name for the record? Mr. Williard: Chad Willard. Chairman Teele: Mr. Marcos, Glenn. Major Hector Marible: Good evening, gentlemen. Major Hector Marible, Miami Police Department; also a Colonel with the Florida Army National Guard -- Vice Chairman Sanchez: Hurah, hurah. Major Marible: -- in Iraq. City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: And who served brilliantly in Iraq; was mobilized, and we're so proud of you, sir. Major Marible: Thank you, sir. The current way that we had distributed the rental vehicles is Royal 58, Enterprise, 42. The rationale behind that was is we wanted Internal Affairs and SIS to have a separate body of rental vehicles to those individuals that may -- they may be investigating . This brought an economic impact on Royal/Enterprise, as well as Enterprise because of extenuating circumstances dealing with insurance programs. Thank you. As Royal Rent -a -Car got their insurance intact and they were replaced back into the fold, the 58/42 split began. After negotiations, that lasted up to about 15 minutes ago, we were able to accommodate -- Chairman Teele: Before you tell us -- Major Marible: Sir? Chairman Teele: Before you tell us what the decision is, the record should be when the contract was terminated, what was the split? Major Marible: 84 vehicles for Royal; 13 vehicles for Enterprise. Chairman Teele: And the Manager stated that he was going to resolve the issue. Major Marible: That is correct. Chairman Teele: So, start from that point. That's where we're coming from. Major Marible: Correct, sir. At the beginning, prior to the insurance situation that occurred, we had 84 vehicles being paid for; to Royal Rent -a -Car, and we had 13 vehicles from Internal Affairs paid to -- corrections, the other way around -- Royal and DIA (Department of Internal Affairs) to Enterprise. When we made the managerial decision to transfer all the vehicles to Enterprise due to insurance lapsing, and we were left without an insurance policy, we were trying to cover ourselves in liability posture, so we made that move. Afterwards, they were reintegrated back into the fold and we again made a move to Royal 58, Enterprise 42. Commissioner Winton: Is that number of cars or percent? Chairman Teele: Cars. Vice Chairman Sanchez: Cars. Major Marible: Cars, sir, cars. Right, we're dealing in units, not percentages. Now, to the -- what we agreed to approximately 15 or 20 minutes ago. Chairman Teele: Tell us what you agreed to at 3 o'clock, and then tell us what you agreed to now. Major Marible: Very well, sir. At 3 o'clock, we agreed to stay as it, 58/42, for the simple reason being IA, Internal Affairs, needed to have their vehicles, and so did SIS, with one set of rental -- a rental company, and also Royal would have the remainder of the fleet that would have just minor narcotics investigations, and those officers would not be investigating other police officers and conducting business as that. Then afterwards, we held in mutual agreement between Royal Rent -a -Car and us where we could satisfy Royal Rent -a -Car on an immediate increase of 10 vehicles that starts on Tuesday, if you could give me a week because these -- some of these guys are off or on, and it takes me that time to go ahead and flip them over, but within a period of -- City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 by Friday of next week, I can get all 10 vehicles over, plus them up to 68, and then as we have the other rental vehicles that are coming through other pots of money, I could get those into Enterprise and satisfy Enterprise 42, so that was the consented area that we came up with, if it's amenable to the Commission. Chairman Teele: Could you just tell us what the deal was when it stopped and what the deal's going to be now? Major Marible: I'm sorry, sir? Chairman Teele: What was the split when all of this started? Major Marible: 84/13. Chairman Teele: 84 for -- Major Marible: 84, Royal Rent -a -Car; 13 for Enterprise. Chairman Teele: And now it's going to be what? Major Marible: It's going to be 68 for Royal; 32 for Enterprise, until we start getting the other monies in and we'll startplussing up Enterprise. Chairman Teele: Commissioner Regalado, this is your item. Vice Chairman Sanchez: All right. Chairman Teele: I just wanted to make sure that the facts were clear. Commissioner Regalado: I don't think it's about the number of cars. I think that the reason that we brought this to the City Commission is because it's the City Commission and only the City Commission, the entity that has the power to cancel a contract. Major Marible: That's correct, sir. Commissioner Regalado: And then it was brought back because for two weeks, nothing happened, and then it was brought back again because, for another two weeks, nothing happened, so you just resolved the issue with the Manager and both agencies. I mean, I don't have a problem, at all. Vice Chairman Sanchez: All right. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: I just think that it looks bad when we have to bring an item back and back and back and back just to show you that we are resilient, you know, that -- you know, until it's done right, and now it seems to be done right. To me, it looks fine. I mean, both agencies getting the business of the City ofMiami, it's fine to me. My problem was that the City Commission was circumvented in a process that didn't look right, didn't smell right, and that is my point. You guys are -- Luis, you are -- Louis Rojas: I would like to -- if you allow me just two minutes to put some things on the record because -- Ms. Thompson: Your name, please, sir. City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Rojas: My name is Luis Rojas. Mr. Chairman, members of the Commission, my name is Luis Rojas. I'm an attorney with offices at 200 South Bayshore Drive, and I do represent Royal Rent -a -Car, and we have reached an agreement, and I just want to put a couple things on the record because we reached an agreement four weeks ago; we reached an agreement two weeks ago, and I just want to make sure that this agreement holds, and again, this will not be more than two minutes. In September 17, 2002, this Commission awarded this contract. This contract was then -- and it was a bid. It was a low bid. On October the 4th, Enterprise lowered their number, which is totally against your confract, which says modification of bids can only be done before; and once a bid is opened, the City will not consider any subsequent submissions, so the City did get a lower number from Enterprise so that they could get some cars, and based on that initial dispute when this confract happened, they did get a smaller number of cars and we got a larger number of cars. On August 15th, this confract was extended. On March 8, 2004, there was a letter, and we admit, there was a lapse in our insurance, but this is a company big enough to get a self-insurance. We corrected that problem. We believe, by the loth, we sent it to the City; they got it by the 12th, and they said, "You know what? Too late. Take all your cars," and within a couple of days, all the cars were gone. We came before this Commission on the 25th. The City Attorney said only the City Commission can terminate contracts. You should have been here to say we recommend this. You said and the Manager said, "We will put the contract as it was, the 88 cars." We went away. Nothing happened. Then we came back two weeks. We're going to reinstate you at the 88 cars. We went away. Nothing happened. Now -- and the Manager and the Manager's office said, don't worry, don't worry, don't worry, don't worry. It's going to happen. At 3 o'clock, I find out, wait, this is a management decision. We want these two agencies or these two, IA, Internal Affairs, and we want SIS to be with one vendor; we want you guys to be with the other vendor. This is a management decision, and I think they probably can do that under the law. The problem is that my client has cars for Dade, Hollywood, Davie, Pembroke Pines, Miramar, Margate, Sunny Isle, FBI (Federal Bureau oflnvestigations), D.E.A.( Drug Enforcement Agency), Miami Shores, Florida City, Coconut Greek. Not one agency does that. They only have one vendor. We are in a position that we don't want to put you in a fight against your management, so we have accepted the 68. This is a hardship for my client. My client held 80 cars for four weeks waiting to give them back. He made payments on 80 cars to the bank for four weeks, and so, yes, we will accept this settlement, butt want the record to be clear because we don't want to come back before you and I know you don't want this issue to come back before you. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Yes, sir. Mr. Williard: IfI could be recognized. Commissioner Gonzalez: OK I have -- what company am I supposed to use, Mr. Manager, for my rental car for my Quality of Life Task Force? Because -- let me ask you. Who pay for these cars? City ofMiami, right? Major Marible: Major Hector Marible, Miami Police. The City ofMiami Police Department's budget side paid for the rental cars. Commissioner Gonzalez: Does any major in the department -- in the City ofMiami Police Department pay these cars with his own credit card and -- Major Marible: Pay for the Rental car, sir, with their own credit card? No, sir. Commissioner Gonzalez: No, "verdad?" City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Major Marible: Not permitted. Commissioner Gonzalez: So that means that these rental cars that are being paid by the City of Miami are -- should be allowed to be used by the City ofMiami, right? Major Marible: That is correct. Commissioner Gonzalez: Is the City ofMiami Police Department the only department that rent these cars? Major Marible: No, sir, the -- both contracts -- and Glenn Marcos is more able to deal with that because he does the entire City's -- two different contracts. Commissioner Gonzalez: All right. Glen Marcos: Glen Marcos, Purchasing Director. Currently, the City ofMiami has two contracts for rental vehicles. It's basically these same contracts. You have Enterprise Rent -a - Car and Royal Rent -a -Car under both contracts. Commissioner Gonzalez: But they are both for the Police Department; some for IA -- you know, the Police Department is so special, and they are in such a different world that they even have to have their particular rental car company and their particular -- you know, they're superior. They're superior in the City ofMiami, and I can digest that because I've been digesting it for the last three years, maybe more than that. My problem is that I'm the Chairman of the Quality of Life Task Force, appointed by the Mayor of the City ofMiami. My police unit in that task force was using a rental vehicle for the undercover operations that we do at night every week. By an order of the major of the south district, that car was taken away from us, and when we complained, that major said that we should rent our own car, and this is the time to find the money so I can rent my own car for my unit. IfI cannot rent my own car for my unit this weekend, I'm letting officially the Mayor and my colleagues know tonight that I'm going to cease these operations until we have a car and the due respect because I'm a Commissioner, appointed by the Mayor and my colleagues on this City Commission, so if a major of the Police Department, who is an employee of the City ofMiami, an employee ofMr. Joe Arriola, the Manager of the City ofMiami, and an employee of the City Commission and the Mayor has more authority than myself and my colleagues, then let him come here, sit in my chair and be a part of the legislative body. Vice Chairman Sanchez: All right. Commissioner Gonzalez: So, I need a solution because I'm not going to vote on this contract until I hear who is going to provide my task force a car. Chairman Teele: Well, they've got you in a box. Commissioner Gonzalez: It's simple. It's very simple. It's not complicated. It's very simple. Chairman Teele: Angel, they've got you in a box. This doesn't require a vote. They're doing what they want to do anyway, so you can't hold a vote over their head right now. You've got to figure this out a little bit different. I don't know what you -- I mean, it's late, folks. It's -- you know, this thing -- Mr. Williard: IfI could just -- he had two minutes. One minute. I promise, it'll be one minute. Vice Chairman Sanchez: You've got to go through the Chair. City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Wilson: Through the Chair, one minute, please. Chairman Teele: So what do you want to say, thank you? Mr. Wilson: A little more than thank you. Chairman Teele: You went from 13 cars to 40 cars -- Vice Chairman Sanchez: 32 cars. Mr. Williard: But as Mr. Marco said, though, the contracts in -- regardless of whatMr. Rojas said -- Vice Chairman Sanchez: The final bid was 68/32. Mr. Williard: -- there are two contracts that there was no preset percentages. For some reason, Royal beneficially got 80 percent of the cars. The fact of the matter is, though, at 3 o'clock this afternoon, my client left thinking it was 58/42. I just want to make sure -- I mean, the City is now committing to -- you know, they've acknowledged that at 11 o'clock, after Enterprise had been gone for eight hours, that number changed. Instead of 58/42, it went back to 68/32. If he's saying that they will bring that number back so Enterprise gets what they thought they had, what they agreed to at 3 o'clock this afternoon, I'm happy with that. Vice Chairman Sanchez: All right. Mr. Williard: It just seems like the agreement changed after Enterprise left, and that -- wouldn't want to see that happen. Commissioner Regalado: Agreements change all the time. Mr. Williard: Well, they thought they had a deal at 3 o'clock. Chairman Teele: OK. Did Royal ever agree to the last agreement? Major Craig McQueen: Yes. Major McQueen, City ofMiami Police Department. Chairman Teele: Are you on behalf ofRoyal? Major McQueen: No. I was going to just tell you they agreed, and I was going to call him back up, but you did agree with that. It's late, I know. Mr. Rojas: Let me understand your question, Mr. Chairman. Chairman Teele: Did Royal agree to the latest proffer? Mr. Rojas: To the 68? Chairman Teele: To the 68. Mr. Rojas: Yes, sir, we did. Mr. Williard: Did Enterprise agree to that? No. Chairman Teele: Did Enterprise agree to that? City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Unidentified Speaker: No. Chairman Teele: Mr. Manager. Joe Arriola (City Manager): I hate to say this. I did this to be peaceful, to be nice to both companies, the whole thing, butt hate to say, at the end of the day, they don't have a say-so. Vice Chairman Sanchez: What? Mr. Arriola: They don't have a say-so and they don't have a say-so. We -- Vice Chairman Sanchez: Have a say-so. Mr. Arriola: -- have the ability to, you know, use both contracts, so, you know, we are arguing something here -- they say, they had a deal, they had a deal. You know, at the end of the day, you know, I had to play a little kind of cut the baby in half as best as I could. I fried to do that. I have told Enterprise that we're going to get them -- you know, you're arguing something that doesn't have any meaning because at the end of the day, if they going to give me a hard time or they're going to give me a hard time, I'm going to tell you something. I'll pull the cars away because that's within the rights of the Manager, so -- but I'm trying -- we're all frying very much so. They got more business than they had before. They got a little less. We're going to fry to accommodate everybody, but, you know, we shouldn't be arguing about this. We've been beating this baby to death. I mean, you know, it's just -- Vice Chairman Sanchez: All right. Congratulations both companies. Have a good night. Mr. Williard: OK. Vice Chairman Sanchez: All right. God bless you guys. Commissioner Gonzalez: You know, maybe one problem that we have is that we have too many people -- Vice Chairman Sanchez: Enterprise, Royal, good to see you. Commissioner Gonzalez: -- on plain clothes, on rental cars. Vice Chairman Sanchez: All right. Mr. Chairman, could we move on? Chairman Teele: OK. In all fairness -- Commissioner Regalado: Where is -- Chairman Teele: -- this item was put on the agenda by Commissioner Regalado. I have usurped a lot of his role because I was frying to just make this sort of go away. Commissioner Regalado, you have the final word on this, sir. It's your item, and I apologize. Commissioner Regalado: You know, the Manager is right. He has the power of this issue. My point, again, was the fact that the City Commission was ignored during this process, and that's all that there was to it. Somebody made a mistake and advised the City Manager's office that they didn't have to go through the City Commission to take away a contract or to give a contract and that's not the case, and that is why this in the agenda. They didn't do anything the first time; it came back in the agenda. They didn't do anything the second time; it came back in the agenda . If next week, neither you or the other guy have the cars or whatever, or, you know, the spare tires, it will be back in the agenda because it's not about Enterprise or Royal. It's about ignoring City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 the City Commission. That's all. And, Mr. Chairman, I'm fine. You know, they just put on the record a numbers and all that. If they gave you, you know, 13 cars and a half we'll put it back in the agenda, and we will discuss why the half of the car was not -- because that it was -- what it was said to the City Commission, because it's not about the number of cars. It's about ignoring the City Commission, and that's all that there is to it, and we're done with this thing. Chairman Teele: Thank you. Thank you very much. All right. DI.4 04-00282 DISCUSSION ITEM DISCUSSION CONCERNING THE STATUS AND PROGRESS OF THE 11 TH ANNUAL COMMEMORATIVE SERVICE AT THE HISTORIC CITY OF MIAMI CEMETERY. 04-00282-cover memo.pdf DISCUSSED Chairman Teele: All right. The next item is -- what was that? Discussion Item -- Commissioner Regalado: PZ -- Chairman Teele: That was Discussion Item what? Priscilla A. Thompson (City Clerk): 3. Chairman Teele: 3. Discussion Item Number 4 is the 11 th Annual Commemorative Service. Commissioner Regalado: This is this Sunday. Chairman Teele: This is the -- Mr. Parks Director, we want to hear from you, sir. What are we doing and what's the roll out? Did Santiago bail out? Is he gone? Javier Fernandez: Yes, he did. Javier Fernandez, Acting Parks Director, City ofMiami. With respect to this weekend's Trust -- Dade Heritage Trust event, we're on schedule. The additional request for a tombstone has been honored, and will be available for this weekend's event. Chairman Teele: This is the annual cemetery -- Mr. Fernandez: This is the annual cemetery, where they recognize -- Vice Chairman Sanchez: This Sunday at 3, right? Mr. Fernandez: -- two incorporators -- two original incorporators of the City ofMiami. Vice Chairman Sanchez: It's this Sunday at 3? Mr. Fernandez: This Sunday at 3 p.m. Chairman Teele: At the cemetery. The procession leaves around 2:30. Mr. Fernandez: My understanding is, the procession leaves around 2:30. I do not have the exact route available, but can forward you that, via memo, if you'd like to. Chairman Teele: 3rdAvenue from St. Agnes Church to 20th Street, and then east to wherever the cemetery is over there by the fire -- City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: 18th. Chairman Teele: 18th. No. It's got to be Miami Avenue. 20th Street to Miami Avenue, and into the cemetery, 3 p.m., and normally, I know -- Commissioner Regalado: That's coming from the back. Chairman Teele: -- I know that Commissioner Regalado and the Mayor have been attending that, and we would encourage Commissioners to attend if they're available. Commissioner Regalado: I've been there in the last five years. Chairman Teele: Five years straight, unbelievable. OK We all are going to go there one day. OK. Mr. Fernandez: Thank you, sir. Chairman Teele: Thank you very much. Don't get lost now. You've got another item. DI.5 04-00408 DISCUSSION ITEM DISCUSSION CONCERNING THE RESCHEDULING OF THE MAY MEETINGS TO BE HELD IN ONE DAY, PREFERABLY ON MAY 20TH. 04-00408- cover memo.pdf DISCUSSED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to extend the call of the April 29, 2004 Special Commission meeting to include consideration of proposed transfer of operation of Casino Princesa, a gaming vessel berthed at Bayfront Park Marina, to Southeast Cruise Holdings Bayfront Park. Note for the Record: The Commission agreed to: (1) extend the call of the April 29, 2004 Special Commission Meeting and,; (2) confirm the May 6 and May 27, 2004 Commission Meetings. Chairman Teele: All right. Further -- Vice Chairman Sanchez: Mr. Chairman, before we proceed with the order of the day, I think there's an important matter that we need to address, and that is being that there's been some changes to the upcoming Commission meetings in May, we need to address that. I believe at one time, we were going to fry to put them both together and we -- my office, working with Bayfront Park, we do have the Executive Director of Bayfront Park addressing this issue. There is a matter of great important to Bayfront Park pertaining to a transfer agreement that needs to be addressed in front of this Commission, and basically, time is of an essence. If we could have the Executive Director come up and address the Commission on this matter to see what we could do to come to an agreement as to what date we will be holding our Commission meeting, whether we're going to unite both dates, or what day we could come to an agreement, because it's my understanding that there's one Commissioner who will be on vacation. I guarantee you, it's a worthwhile vacation, overdue vacation, and Executive Director, you're recognized. Tim Schmand: Tim Schmand, Executive Director of Bayfront Park Management Trust, 301 North Biscayne Boulevard. The gaming vessel operator, Casino Princesa, would like to transfer the operation to Southeast Cruise Holdings. They have a time -sensitive issue with regards to City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 that transfer. It would work out if it was on the agenda of the May 6th meeting, but if it goes much later than that, it could be problematic for them, so I don't know what your intentions are with that, with regards to that meeting date. Commissioner Winton: Don't we have a special Commission meeting scheduled for next Thursday at 3 o'clock? Alejandro Vilarello (City Attorney): At 3 o'clock, yes. It's a special meeting. Commissioner Winton: Could we not add this item to that agenda? Mr. Vilarello: You would have to call -- you would have to add it to the call of the meeting, yes. Vice Chairman Sanchez: As long -- yes, as long as it's properly advertised. Commissioner Winton: But would that work for you all, Joe? Vice Chairman Sanchez: It'll work for us. Mr. Schmand: Yes, absolutely. That would be great. Thank you, Commissioner. Commissioner Winton: Then we don't have to -- Chairman Teele: Well, this is where we are -- and that's a good solution to that problem, which would be to make a motion and add that as an item to that special Commission meeting. However, the original Commission meeting in May was scheduled for May 13th. I think we moved that at the request of somebody. It doesn't matter. It was moved at Commissioner -- at one of the Commissioner's request. May 6th is a problem for me, and somebody else said something. Memorial Day weekend, of course, is the 29th and 30th. We -- Commissioner Winton: Could we combine the agendas and have one meeting? Chairman Teele: Well, that's what I was trying to see if we could do, or alternatively, we're meeting on the 24th as the CRA (Community Redevelopment Agency) Board and the 27th. Commissioner Winton: Well, if Commissioner Gonzalez would promise to make sure that there's ample Cuban coffee available, I could stay up pretty late on the 27th. Chairman Teele: How bad is the zoning agenda for the 27th? Vice Chairman Sanchez: Mr. Chairman, while we wait, I would like to make a motion to add as an item to the special meeting pertaining to the item that's in front of us today. So move. Chairman Teele: Is there objection? Commissioner Winton: I'm sorry, what did you say? Vice Chairman Sanchez: We're going to be adding that item to the special meeting. Commissioner Winton: OK. Chairman Teele: What time does the special meeting start now? Commissioner Winton: 3 o'clock I have in my calendar. City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Madam Clerk? Priscilla A. Thompson (City Clerk): At 3 p.m. Commissioner Winton: So you moved that, Joe? Is that what you did? Vice Chairman Sanchez: Yes, sir. Commissioner Winton: Second. Vice Chairman Sanchez: There's a motion and a second. The item right now is under discussion Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The issue of the May meeting is still up in the air. Commissioner Winton has offered -- Aren't you going to be in a medical situation one of those weeks? Commissioner Winton: Well, they tried to get me in it, but I said that date doesn't work, so we're trying to work on another date where I get both surgeons together. Chairman Teele: It's not in May? Commissioner Winton: Yeah. It was supposed to be May 11 th, but I'm going to be out for a week when Igo -- no -- so I'm going to probably try to do it in June or something. Chairman Teele: Is there a problem on May 20th for anybody? Commissioner Regalado: May? Chairman Teele: May 20th is a problem for you? Commissioner Gonzalez: I won't be here. Chairman Teele: All right. Why don't we just combine everything to May 27th and maybe we could have a -- Commissioner Winton: Shorter lunch break. Chairman Teele: Maybe we could have a rump meeting on May 24th. Commissioner Regalado: A what? Chairman Teele: A short meeting. Let's say we start at 3 o'clock, the CRA meeting date, we just start at 3 o'clock and take up some Commission items. Commissioner Winton: If we had carryover. Chairman Teele: Yeah. Let -- Why don't we ask the Manager and the Attorney to take this under advisement to give us -- and give us a packet of items that we can take up on the 24th, like at 3 o'clock, and we'll just have the CRA meeting here, and give us about two or three hours of items that we can do, and we'll schedule those, but we won't take up anything but the items that City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 are scheduled, now, if you follow what I'm saying. Sort of a rump, a short meeting, and we'll take that up this afternoon, say around 3 o'clock, when we come back from the break, or let's say 6 o'clock, after we finish with the items involving Biscayne Boulevard and 27th Avenue. Commissioner Winton: We probably need to wait till Commissioner Regalado gets back and walk through what we're doing for May one more time. Chairman Teele: All right. Commissioner Winton: Because I didn't understand you were going to be gone, Commissioner Gonzalez, most of the month ofMay, so -- Commissioner Gonzalez: Right. I'm going to be here for the first meeting, which is going to be, according to what we agreed up to now, on May 6th. I won't be here for the second meeting in May. Chairman Teele: At all? Commissioner Gonzalez: At all. Commissioner Winton: Because you're going to be gone from the 7th -- Commissioner Gonzalez: I'm going to Europe. Commissioner Winton: -- through the rest of the month; is that not correct? Commissioner Gonzalez: Right. Chairman Teele: Well, we've got to keep the 7th meeting on. That's for sure. Commissioner Winton: Yeah, so we need to regroup a little bit. Commissioner Gonzalez: Yeah, but I won't be here. Chairman Teele: You'll be here for the 7th? Commissioner Gonzalez: Pardon me? Chairman Teele: You'll be here for the meeting on May 7th, right? Commissioner Gonzalez: On May 7th, yes. On May 6th. Vice Chairman Sanchez: May 6th. You're going to be out of town. Commissioner Gonzalez: Exactly. Chairman Teele: Well, we'll have to have that meeting. We won't have a rump meeting, then. Commissioner Winton: We've got to re -talk this whole thing, yeah. Chairman Teele: Anything else, Madam Clerk? Ms. Thompson: It's a confirmation that we are having the meeting on May 6th, right? There's - City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: No. We need a motion to that effect, to reinstate the May 6th meeting. Ms. Thompson: We didn't -- Commissioner Gonzalez: So move. Commissioner Regalado: Move. Chairman Teele: We never changed it? Ms. Thompson: No, we never changed it. Chairman Teele: The time is 11: 45, folks. Is there anything else that we can argue about tonight? Commissioner Regalado: Yes. Commissioner Gonzalez: Yes. Chairman Teele: I'm only joking. Commissioner Regalado: About the war in Iraq. The Spanish troops are leaving Iraq. Chairman Teele: OK, so -- just so that everybody's clear, we have the meeting at 3 o'clock -- Ms. Thompson: On Thursday, April the 29th. Chairman Teele: We have the meeting at 3 o'clock, including the one that was just added? Five or six items? Mr. Vilarello: Six. Chairman Teele: We have the meeting on Thursday, April 29th, at 3 p.m. It has six items or so that are on it. We also have a -- I guess, a CRA (Community Redevelopment Agency) board meeting on Monday at 5 o'clock. Commissioner Regalado: And the MSEA (Miami Sports & Exhibition Authority) meeting. Chairman Teele: And there is a MSEA meeting on Monday at 1:30, for those that are in attendance, so there's plenty of meetings for everybody to go to. Is there anything else -- and then we reinstated the May 6th meeting to try to deal with the back flow, and we'll have another one. Is there any other matter to come before the Commission? If not, we stand adjourned. Vice Chairman Sanchez: Move to adjourn. Chairman Teele: Thank you. City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 EXECUTIVE SESSIONS 2:45 P.M. ES.1 04-00072 EXECUTIVE SESSION UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION: MARK'S CLASSIC CORPORATION, RICHARD AND SUNNY MANAGAN, ET AL. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE FIRST OF TWO CLOSED DOOR ATTORNEY -CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 2:45 P .M., AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:00 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZ ALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND. ATTORNEYS PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSIONS ARE FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. 04-00072-cover page.pdf 04-00072- public notice.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to DEFER item ES.1 to the Commission meeting currently scheduled for May 27, 2004, at 2:45 p.m. (See ES.2 for minutes.) 3:00 P.M. ES.2 04-00071 EXECUTIVE SESSION UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION: NATIONAL ADVERTISING CO. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE SECOND OF TWO CLOSED DOOR ATTORNEY - CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 3:00 P.M., OR AS SOON THEREAFTER, AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:30 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND ATTORNEYS PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. 04-00071-cover page.pdf 04-00071- public notice.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to DEFER item ES.2 to the Commission meeting currently scheduled for May 27, 2004, at 3 p.m. Chairman Teele: Motion and second on the deferral of the executive session to the second meeting in May. We need a time certain on that. Alejandro Vilarello (City Attorney): Those are 2:45 and 3 o'clock. Chairman Teele: Moved and second. Is there discussion or objection? All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 PART B PZ.1 03-0415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41, 745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE " ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/ RESTAURANT SPACE, AND APPROXIMATELY 362 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. 03-0415 MUSP Fact Sheet.pdf 03-0415 MUSP Analysis.PDF 03-0415 Zoning Map.pdf 03-0415 Aerial Map.pdf 03-0415 PAB Resos.PDF 03-0415 MUSP Application.PDF 03-0415 Sp Exception Fact Sheet.PDF 03-0415 Sp Exception Analysis.PDF 03-0415 ZB Reso.PDF 03-0415 Sp Exception Application & Supp Docs.PDF 03-0415 Plans.PDF 03-0415 Legislation.PDF 03-0415 Exhibit A.PDF 03-0415 Exhibit B - Alt A.PDF 03-0415 Exhibit B - Alt B.PDF 03-0415 Exhibit C - Alt A.PDF 03-0415 Exhibit C - Alt B.PDF 03-0415 - submittal.pdf COM M-4-22-4. ppt 03-0415 - submittals.pdf 03-0415 - submittal - Women Club.pdf 03-0415 - submittal - Morningside.pdf 03-0415 - submittal - Kubik.pdf 03-0415 - submittal - U of M.pdf 03-0415 - submittal - law analysis.pdf REQUEST: Major Use Special Permit for the Kubik at Morningside Project City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 LOCATION: Approximately 5600-5780 Biscayne Boulevard APPLICANT(S): Kubik, LLC; Biscayne Premier Investments, Inc and Mark's Classics Corp APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 17, 2003 by a vote of 4-2. Recommended approval with conditions* of the substantial modification to City Commission on April 7, 2004 by a vote of 5-4. ZONING BOARD: Recommended approval of special exceptions to City Commission on December 15, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to CONTINUE item PZ.1 to the Commission Meeting currrently scheduled for May 6, 2004, at 6 p.m. Direction to the City Clerk by Chairman Teele to provide the Commission with a verbatim transcript of today's meeting on item PZ.1, and any other previous discussions related to this item to date. [Note: Clerk delivered transcript of today's discussion on April 28, 2004. The item had not been before the Commission prior to April 22, 2004.] Chairman Teele: Anyone else for a deferral? Andrew Dickman: Mr. Chair, Andrew Dickman, law offices 9111 Park Drive, in Miami Shores, Florida. I'm here representing the residents ofMorningside, and we're here on item PZ.1, which is the Kubik project. We would like, respectfully, to request that this be deferred. This item was heard by (PAB) Planning Advisory Board only two weeks ago. At that time, we protested that. We are engaged heavily in working with City on the SD-9 and, at the same time, having to deal with this. It's just not enough time for us to prepare, get experts to fully put on our presentation, so we respectfully request that you continue that item, PZ.1. Chairman Teele: Counsel. Lucia Dougherty: Thank you. Lucia Dougherty, 1221 Brickell Avenue, here today on behalf of the applicant, and we would oppose that continuance. We have lots of people from the neighborhood who have come today, people who otherwise wouldn't be here; took time out of their busy schedules to come here, not to go to their jobs. This project was heard by the Planning Advisory Board last December. Since that time, we've had 31 community meetings. There has been plenty of time, since December, to prepare a case and to get expert witnesses, so we would request that you hear this matter today. Chairman Teele: All right. Will those persons that are here on PZ.1 please stand? This is PZ.1 ? All right. And you're representing these people? City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Dickman: Some of them. Ms. Dougherty: There are many people who are in support of the project, as well. Commissioner Winton: One way or another, there's a lot of people here to hear it. I guess it goes up or down. Chairman Teele: You need to come to the mike, ma'am. We'll -- anyone who wants to be heard on this, on the deferral, please come to the mike, whether you're for it or against it. Commissioner Winton: Well, I -- Chairman Teele: Please come to the mike. Commissioner Winton: Hold on. If -- I think, with this many people here, I'm not going to support deferring it. I don't need to know how many are for or against. We're going to hear that when it goes on, and I'm -- we're going to vote one way or another. I think, with this many people here, even if it's half and half or 90/10, whatever it is, there's a lot of people here for this issue. I'm not going to support a deferral at this time. Chairman Teele: All right. Anybody here against the deferral? I mean, for the deferral? Anybody here for the deferral? Commissioner Winton: Well -- but in light of whatl said, do we want to hear that? I'm not going to support it, no matter what. Chairman Teele: I just want to make sure that the record is protected, Commissioner. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Gentlemen, this is the packet that the applicant submitted on this item. There's very important information here, which is -- Joel Maxwell (Deputy City Attorney): That's out of order right now, Mr. Chairman. Chairman Teele: Are you here for the deferral or against the deferral? Mr. Cruz: I am for the deferral. Chairman Teele: Thank you. Is there anyone else who needs to be on the record? All right. Is there a motion to defer? If not, the item will be heard when it's called. Chairman Teele: PZ.1. Thank you all very much. Commissioner Regalado: And we didn't even vote. Chairman Teele: Huh? Commissioner Regalado: And we didn't even vote, and look how many people. PZ.1. Commissioner Winton: Wait till the next meeting. Chairman Teele: I just didn't want Tomas to form an opinion about this thing and start expressing his opinion tonight. Commissioner Winton: Actually, he -- you know, he gets -- you understand this stuff pretty good City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: I understand. Chairman Teele: Madam Director. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. PZ.1 is a Major Use Special Permit for the Kubik atMorningside project, located at 5600 to 5780 Biscayne Boulevard. The Planning and Zoning recommendation is for approval with conditions. This item went to the Planning Advisory Board in December of 2003 and was recommended for denial. At that time, the applicant opted, instead of coming to City Commission, to take the project back and make some modifications to the project. In essence, they eliminated two floors and changed the development program slightly. The modified project then went to the Planning Advisory Board at the meeting ofApril 7, 2004 and was recommended for approval by a vote of 5 to 4. Planning and Zoning Department recommendation includes several conditions that would alter the project from what is being presented to you tonight. Planning and Zoning Department's recommendation: In our findings, we found that the project is a very large site, and because the project is such a large site, it has a very large gross lot area. In addition, the developer is asking for a PUD (Planned Use Development) bonus -- designation as a PUD for the additional 20 percent increase in (FAR) Floor Area Ratio, of which they're proposing to use a little over 30,000 square feet of that. The Planning and Zoning Department is recommending approval of the project, with the conditions in your package, including a condition that the PUD bonus not be approved, and that they continue to work with the Planning and Zoning Department to try to further reduce the height. The Planning Advisory Board recommended approval of this project without those conditions. They were satisfied with the modifications that were done to the project from their December hearing, until the hearing in April, earlier this month, and they recommended approval without conditions 12 and 13, which are the conditions that the plans be modified to eliminate the PUD bonus, and that the applicant continue to work with the Department to fry to further reduce the height of the project. Other than that, you know, we believe that those things could be done and it would still be -- it could be a more compatible project without that bonus. Therefore, that's our recommendation. Chairman Teele: All right. So, the recommendation is? Ms. Slazyk: For approval, with conditions. Also, let me -- one other thing for the record. When the applicant took the project back to the Planning Advisory Board and after they had made their modifications, there were actually two alternatives being presented. There's an alternative "A" and an alternative "B." The Planning Advisory Board approved both of them, and I'll let Lucia explain in her presentation what the differences are between the alternatives, but the Planning Advisory Board recommended a preference of the alternative "A" because it included a cut in the building that would reduce the mass of the project on Biscayne Boulevard , but they said, if the City Commission were to choose option "B, " they were OK with that one, as well. The recommend -- yeah, our recommendation is the same for both, and they recommended approval of both, with a preference for the alternative "A," and the Planning and Zoning Department recommendation with conditions would apply to both alternatives. Ms. Dougherty: Good evening, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today with Jose Camilo Laga (phonetic), who's a principal of the owners of the property, as well as Camilo Alvarado, who is also a principal. Camilo is also an architect with Lab Group, who have, in coordination or collaboration with Chad Oppenheim, are the architects for the project. As Lourdes said, last December, we went to the Planning Advisory Board and they recommended denial, and their denial was based on concerns of traffic, circulation, that is, ingress and egress out of 58th Street, and height. Those are the three issues, and instead of going directly to the City Commission at that time, the clients opted to, instead, have 31 additional meetings with neighbors to -- and so there had been over City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 50 meetings with neighbors so far. We've gone through internal design review again. We went to the Urban Development Review Board again, and the Urban Development Review Board unanimously approved this project, and they unanimously approved both options, and they said, we like the fact that it's a cutting edge design. We like the fact that it's lining the garage; the retail is open to the street; you've preserved the Andiano Pizza, which we think is a landmark in the City, and there's more open space than is required. The height has been reduced by two floors, and there are 282 parking spaces, whereas -- excuse me -- there are 200 -- 452 parking spaces, where 282 are required. We've increased the open space. The same number of units, with and without Soyka, and what I mean by that is, option 'A" includes Soyka's property, a corner clip that you'll see in the diagram in a minute. Option "B" does not include an additional piece of property, so we have exactly the same number of units, but we have added additional land. We have under contract additional property, in order to bring down the height of the building, so we have 53 units less than is permitted in one option, and 100 units less than is permitted under an option. We've always had less FAR than we're permitted under the total FAR that would be permitted with all the bonuses that the City has as its -- in its Zoning Ordinance. Last time, when we came before the Planning Advisory Board and instead of coming here, the Planning Department recommended approval with all the bonuses. After we've changed and went back and had 31 more additional meetings, bought more property, reduced the height, increased the circulation, made it a much more risky building by having one podium and one building instead of two buildings, they are now recommending taking away the bonuses. The Planning Board thought that was patently unfair. After we have done everything that the City had asked us to do, they thought it was an unfair situation to now recommend taking away the bonuses. Well, bonuses are something that is absolutely necessary to make this a project that is a viable project, and I'm going to explain this to you. The property cost ten million dollars. The additional property cost a million dollars. In order to sell these properties, the price per square foot that we're going to have to sell these properties, given the consfruction costs of this very unique building -- and, remember, we have to have something really unique to be able to sell on U.S. 1. This is not Bayshore Drive. This is U.S. 1. It's a street that goes all the way from Miami -- you know, from Key West all the way to Maine, so it is U.S. 1. We have to have a really unique property, a really unique product, so this is what we're going to sell our price points with, all of the money, the consfruction costs for this unique building, and you'll see how unique it is. We're going to be at three hundred and fifty dollars a square foot. You've got to realize that anything over that is not going to sell on U.S. 1. People can buy properties in Miami Beach, on the water. They can buy properties on Brickell Key, on the water. They can buy properties on Bayshore Drive, on the water for four hundred dollars or even three hundred dollars a square foot, so we're going to price ourselves out of the market at some point, so that's the point that our market people are telling us. We can't sell this property for more than three hundred dollars -- three hundred and fifty dollars a square foot. You all can do the numbers, so if we take away 30, 000 square feet of FAR -- that's what the City's saying -- this project is no longer viable. It's up in the three hundred and seventy-five dollars a square foot, maybe even four hundred dollars a square foot. Now, the other thing that's really unfair about telling us now to take away the bonuses -- and this is what the Planning Department -- I mean, the Planning Board didn't like. If we took the doors of our retail and turned them inside, it doesn't count towards FAR. It is because we are now doing the retail -- because it's accessory. It's accessory retail to a unit -- a apartment building over 100 units -- Commissioner Winton: Failed accessory, but maybe accessory. Ms. Dougherty: The point of the matter is, we don't need to count it if we turned the doors inside . We don't want to do that. We're doing exactly what you all had asked us to do, cover our garage with retail. That's what you asked us to do. We're covering our garage with retail. We could take it away and be just fine, but then you'd have exposed garage, which is something the City doesn't want, so for us to be penalized for doing exactly what the City has asked us to do -- take the retail, count it torwards FAR, provide all the parking for it, turn it to the outside and now say we shouldn't have it -- is really unfair, and that's what the Planning Board said, so with City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 that, I'd like Camilo Alvarado to make his presentation so you can see the project, and I think you'll all be very excited. Camilo Alvarado: Good evening, Mr. Chairman -- Ms. Dougherty: I'm sorry. I forget to ask if these people wanted to talk. You know what, we've missed -- we've had a lot of neighbors who have had to leave because of -- and we have some others who would like to leave. I'd like to see if the neighbors could actually -- the ones who want to speak, who don't want to wait until the end, could come forward and speak on behalf of the project, and then we'll make our presentation. Robert Flanders: Good evening, Mr. Chairman, Commissioners. My name is Robert Flanders, and for the last 24 years, I've lived at 720 Palm Bay Lane, in the Palm Bay Club, which is almost part of Bayside in the Upper Eastside. It's a well-known fact that the Upper Eastside residents have been fighting for many years to better our community and with your help, we have. We've fought the bad guys and the bad projects, and we've been here in front of you supporting the good guys and the good projects, and that's why I'm here today, to speak in favor of the Kubik project for the following reasons -- and incidentally, gentlemen, we do appreciate your courage, your vision, and common sense and patience to sit here and to go through the process and make sure that the process works. I just want you to know that. It is not easy to redevelop a City, and it is not easy to redevelop the poorest City in America. Why am I in favor of this project? Because what is fair is fair. These people applied for their permits before we codified, and can adopt the updated developer guidelines for Biscayne Boulevard. The project has a majority of support ftom the various Upper Eastside homeowners associations, including Palm Grove, the site of the project experiencing the most impact. Shane Graver called me from Chicago today. He's the president of Bayside Homeowners Association. He called me to apologize for not being able to be here, and would I read into the record that Bayside unanimously passed a resolution in support of Kubik. This project meets almost all of the qualities that we have found desirable in such a project. Attractive quality of design. It will be a signature building that raises the bar on Biscayne Boulevard. It's mixed use. It combines commercial, adequate hidden parking, it's pedestrian friendly, and it's residential. Finally -- and I can't say enough about this -- the Kubik developers have bent over backwards to accommodate the wishes of the community. As you know, we're a very strong-willed group of people, which is why we are where we are. They have -- they've bent over backwards to make the changes to make the people and the community buy into the project, and finally, let me say this. I believe that part of the resistance to projects like this is because of the traffic problem that we've heard referred to a number of times today and I, for one, would like to encourage -- and you, Mr. Chairman, you understand this probably better than anybody on the Commission because of your background -- we would like to encourage and support your influence on the MPO (Metropolitan Planning Organization) to develop an action plan for a cohesive transportation plan, which, you know -- and adopt it and fund it. It's a comprehensive transportation plan that recognizes what we're calling the Eastward Ho, and the increasing density in the City ofMiami. We think that with something that is -- you can see down the road, even if it takes 10 or 12 years to implement, that people will have less resistance to the density. Obviously, with density, you can pay and support mass transportation, which is what ultimately is going to make the City ofMiami work. In any case, thank you very much. Chairman Teele: We didn't put the clock on you. That was part of the discussion, but -- I was having with the Clerk -- but just let me just respond. Actually, Commissioner Winton is in the forefront in working with the Mayor in frying to develop a plan that goes right to what you're talking about, but I do think the fact is, is that we should probably look, Commissioner Winton, at a mini five-year plan for the City that's inclusive of everything, and have it in one document, because I think -- citywide -- because I think, you know, again, you're going to push it in District 1, and what you're going to have is, "Well, what about my area?" et cetera, et cetera, et cetera, and I think that's a very good point. City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: Very good point Chairman Teele: I think it's a very good point, but we should work through the MPO, and I take your comments very seriously. Thank you very much. David Treece: I'll make my comments brief. My name is David Treece. I live at 801 Northeast 74th Street, in Miami. I'm president of the Upper Eastside Miami Council, which is the coalition of all the homeowners associations in the area. We, as a group, didn't take a particular position, but many of us, as individuals -- and I'm speaking for myself -- have bent over backwards to work with the Kubik people, and this is really what I want to stress. We have organized meetings of people who have been concerned about the size of the project. We've tried to bring everybody together to take into account all of these considerations about parking, and traffic, and the height, and the Kubik people have requested meetings. We've put them together. They've changed the project time after time after time to improve the project, so the opposition has served, I think, a good purpose in making the project a lot better, but I think we're clearly at the point now where it's as good as it's going to be. Anything else is probably going to ruin the design. It is a spectacular design. That's going to be a signature building for the boulevard. The Planning Advisory Board specifically mentioned that, so we -- I'm strongly in favor of it. I think you'll notice that the people who are speaking in favor of this are the community leaders, presidents of organizations. Homeowners associations have really spent time to study this project, to work with it, to make it as good as it can be, and so I strongly am in favor of the project, and I hope you will vote in favor of it. Chairman Teele: All right. Virgil Louis Fieber: Good afternoon. I'm Virgil Louis Fieber. For the last 40 some odd years, we've had property at 5631 Biscayne Boulevard, directly across from the Kubik. We wholeheartedly support the development. We think it's great. Recent articles in the Miami Herald and the Sun Sentinel -- fact is, one of them today showed that all of Latin America actually is in claims. The rich are getting richer and the poorer are getting poorer, and if they can get here, they're buying their second home in Miami. The crime wave there is terrible. Twenty-seven and a half people killed in homicides on a Latin American average per hundred thousand; whereas western Europe has one. So, if you're rich and you want to have your family safe, you're going to have another home here, and 87, 000 people coming into Miami, you're going to have to build this kind of structure. You've got the world's largest cruise port, the largest boat show, the most direct route to Latin America, so it will help Miami. We wholeheartedly support it. Thank you. Bill Traurig: Good evening. Bill Traurig, 780 Northeast 69th Street, Unit 1709. I am actually recently involved in looking at Kubik. I find them to be an amazing building. What they've offered in the initial stages was something that, as was stated earlier, was kind of out of line for the neighborhood. They have spent a lot of time, a lot of money and a lot of effort in working with the community to make it a better building and a better area for us. One of the nice things is, it is pedestrian friendly. As we know, we're frying to develop the area for pedestrians, and that's something that we were hoping and we were looking forward to having. I thank you for your time. Chairman Teele: All right. Is there anybody here in opposition? All right. All right. OK. I'm just frying to get a feel for where we're going, ma'am. How many more people do you have? Ms. Dougherty: Well, I just wanted the folks who had to leave to be able to testify, so we're going to make our presentation, and then we have other people who are supporters. Chairman Teele: All right. City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Dougherty: So -- Chairman Teele: All right. We're going to -- Ms. Dougherty: They'll be time for others to speak. Chairman Teele: We're going to take a strict two -minute -- Ms. Dougherty: OK. Chairman Teele: -- rule, Madam Clerk. Ms. Dougherty: So, right now I'm going to have Camilo -- unless somebody else needs to go -- do you need to go? OK Guido Porto: I'm Guido Porto. I'm the principal of Porto Architecture and Design, located at 7100 Biscayne Boulevard, Suite 306, and our firm recently relocated from Miami Beach to Biscayne Boulevard, attracted with all the Biscayne Corridor development. We've been involved in a lot of projects in the corridor right now, such as Cafe 71, Dug McGrill, Posha's and different projects, and I had the opportunity to see the project of Kubik, and from an architect's point of view, I think that Kubik is taking a responsible approach to this urban issue and it has our firm's full support. Cora Bettzher: Thanks so much. I wish I could stay and -- Priscilla A. Thompson (City Clerk): I'm sorry. We need your name and address. Ms. Bettzher: OK. I'm Cora Bettzher, and I own Bettzher Gallery, which is virtually across the street there from the proposed site, and I've been in business there for five years now -- going on five years, and it's -- as I said -- I was about to say, it's really unfortunate, in my opinion, for me at least, that I am not able to hear the opposition. I hope, individually, some of those who know me -- and that's why I'm so sensitive to this issue, because these are the supporters of the complex in which I do business, and we very much need them and appreciate and are grateful for all that they have done. I know those in Morningside have some reservations about this, and I just will first strongly encourage them to reconsider their stance, and allow in some of the wonderful developments I think that this company has put forward in terms of trying to appease whatever issues they have previously had, but I had more or less been more prepared to come here just now and almost after having heard strong arguments -- and I didn't really imagine that I could hear any in a way, because I can't imagine what they could be, being there day after day, having an interest in the residential population there, and an interest in the business community that's developing there, and an interest in the future of that area. Simply put, I will just read here from some of my notes that I -- in my mind alone, I suppose the reality is that so many individuals that did take the time out today and arrive on time to represent such strong support for the proposal should suggest to me a real and palpable bright line toward the desired future of this community in the broadest of respects. If the true objective and goal in City planning is that of what's known as a balance, it is my belief that what we have before us today and what I think you'll all hopefully receive today, the way I have -- what we have before us today, it represents a genuine opportunity to fruly embark and immediately began on that process of balance and development, and residential commercial and all-over prosperity in this area that is so really wonderfully suited for this kind of project, which I think is, architecturally speaking, a masterpiece. Thanks. Mr. Alvarado: Good evening, Mr. Chairman, Board of Commissioners. My name is Camilo Alvarado. I'm going to give you a brief explanation of my studies. I am an architect. I graduated from New York; then I did a master in housing and urbanism in London; had City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 experience in working with the Rogers Group in London, then I went to work in Madrid, then I went to work for Italy and then, at the end, I came to Miami two years ago. When I came to Miami, I discovered two main corridors of development. One was Coral Way and the other one is Biscayne Boulevard. In Coral Way, we're finishing a project, successfully project, with all the support of the community. In Biscayne Boulevard, we are trying to accomplish the same process . We have been working in both of the projects for more than two years. In order to understand what is an intervention in Biscayne Boulevard, we need to understand what are the elements that comprise Biscayne Boulevard. These elements are the FEC (Florida East Coast) Corridor, the architecturally landmarks and the pedestrian circulations. If we -- Vice Chairman Sanchez: Camilo, I think that's -- we've got to stop that. You know, it's rude. OK. I think it's the fire alarm. Sounds like a truck backing up. All right. OK, and you can't get any breaks, can you? All right. Go ahead. Sorry for the interruption. Mr. Alvarado: I'm going to try to be as brief as possible. In order to make an intervention in Biscayne Boulevard, we must understand what are the impacts in terms of its architectural landmarks and in terms of its atfractors. The starting point of the engine of the revitalization of Biscayne Boulevard started with the Performing Art Center by the City ofMiami. If you go through Biscayne Boulevard, is the blue line, there is the FEC Corridor that is the red line; you see the yellow spots that are the points of interest or the most interesting points in architectural or areas. The Performing Art Center is one. The Bacardi Building is another one by Enrique Gutierrez, a modern architectural piece; the Design District, and the Pizzeria Andiamo by Robert Lowit that is the starting point of our project, and as well as is part of the Sushi, Siam and Soyka Complex -- I could say Soyka complex. The Andiamo Pizza is part of our complex and is part of Soyka's complex. Understanding and taking the results of the charrette by the HOK Study of Urban and Architectural Guidelines that started from downtown to 87th Street, they identified intense pedesfrian activities that generate higher density. These are notes. We are located exactly in one of those notes that they identified. These notes are pedesfrian -- the circulation is three minutes away in distance, so you can actually have a pedestrian walk within that area, and I quote the notes that they identify and where Kubik is located, I quote, the HOK Architectural Guidelines. These notes or sheds makes possible, in certain locations, to build taller buildings fronting the boulevard without adversely impact the closed in neighborhood. Therefore, there needs to be difference in height and there needs to be difference in quality, and Kubik is located in one of those polls of activity. The uses of where Kubik is located is, Kubik is an island that is 180 feet from distance from the FEC Corridor. The FEC Corridor, hopefully soon, will have a mass transport system, and to the other side, we're 160 approximately feet from the R-1 Morningside homeowners. Between the FEC Corridor and the Morningside, there is a buffer zone that is Biscayne Boulevard itself and a C-1 residential -- a C-1 commercial area. At the back part of the property is 58th Street. 58th Street on the front side -- on the backside is R- 3. Therefore, we're not abutting any R-1 property. This is very important to understand. Kubik -- or where Kubik is going to be is surrounded by streets and, as well, by commercia. We can therefore conclude that this is an island, and as being an island, it should be treated accordingly. The FEC Corridor is 180 feet, and is the red line at the back. Soyka's complex is in front with the Pizzeria Andiamo. We share common elements. The Pizzeria Andiamo is as well the most important part of our project. In the front, we have Biscayne Boulevard; at the back we have -- 58th Street is at the back. North 4th Court is abutting the property with Soyka's and Biscayne Boulevard. Kubik is a smart development that captures the energy of the place. It's very important that we're not talking about only a building, but a place. It's a compact and mixed -use development that encourages quality of life by creating safety and mobility. We're going to bring eyes to the street. We're going to bring commercial in places. We're going to bring open space, urban plazas. It's going to blend into its urban landscape, and actually, you have to understand as well, the Kubik project is going -- is sitting very close to one of the nodes or the possible stops, as Mark Soyka said in the PAB presentation of the FEC Corridor. Hopefully, one day, we have one stop in the 55th Station. Usually, in Europe, and most of the places that have public transport, where the stops of the stations are -- usually, they're higher density. Kubik is going to City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 enhance pedesfrian activity. There's a lot of robbery actually today. We need to have safety on the streets. Kubik, as well, is going to consolidate a node. It's going to be a node of the neighborhood. It's going to be a catalyst, as well, of the redevelopment of the corridor. Kubik addresses the needs of its residents and the community. Throughout the evolution of Kubik, we have developed five different alternatives, five complete projects. Each project took approximately one month of time. The five projects are projects that are completed projects with drawings, plans, sections and economic studies. The alternative one, or the first option, the one that we presented to the PAB meeting was composed by seven by -level units -- by -level floors, sorry, and three commercials. The red stripe that you see is the commercial. We always keep Andiamo Pizza, and the blue is -- reads as the residential. In the second option, when we went to the PAB meeting, we decided that we wanted to have more feedback with the neighbors. They agreed they wanted to reduce the height of the building, their concerns. Their second concern was increasing the parking space, and we agreed that we could reduce this height of the building by two levels. By reducing the height of the building two levels, we had to do a long one building. We still kept the plaza in the middle. The alternative "A"— that is one of these proposals -- is by -- in creating more parking spaces, we decided that the public place that we were going to give in the middle of the building, we were going to put it in front of the Pizzeria Andiamo. In that way, we wanted to create a structure or a plaza that linked both the complex of Soyka's and our property. The fourth project that we did, that was a recommendation of the UDRB (Urban Development Review Board), was to have two buildings and increase the height. The fifth alternative, which is the fifth project, that is the alternative "B" that we're proposing today, still has two projects, but incorporates the Soyka's house. This house hasn't been bought. It's under contract. This delay in our effort to come to 100 percent agreement with the community has cost us over one point two million dollars. This takes us -- that the average selling price that we should sell in order to make the project feasible should be three hundred and thirty -- fifty dollars to three hundred and seventy dollars. The proposal. Today's proposal in both options has a lower height; have only one entrance through exit of cars in the fourth court; has 100 parking parks extra than what is required by code, and has almost one acre of open space. One acre of open space is a lot of space. Alternative 'A" has the same number of units. It's 293 units, and a hundred parking spots extra, and if you count the valet parking, you will have 125 parking extras. Vice Chairman Sanchez: How many exfra parking? Hr. Alvarado: A hundred and twenty-five, if you count the valet parking. The location of Kubik, the front part, what you see is the Pizzeria Andiamo. What we tried to do, and as I explained to you before as a gesture, as an urban gesture, we're trying to do an urban catalyzes that is opening up a plaza in front that relates to the Soyka complex and to our complex. Both for Soyka and for Kubik, the Pizzeria is like the starting point. The yellow that is wrapping around the project is the open space; the orange that is wrapping around the parking spaces, and the structure, so you don't see any cars, is commercial, and the blue is residential. We freat it blue on the 58th Sfreet residential because in front of the 58th Sfreet, at the other side of the street, there's residential, so we needed to create a friendly neighborhood. Second floor. Typical floor. This is (UNINTELLIGIBLE) eye level, where you can see the two buildings with a break in the middle. Typical floor plan: Roof terrace and a section. This section, as we can see, is a pedesfrian section that is thought as a pedestrian friendly because at the -- the first height, when you see -- when you're walking down the street, you're going to see a 35 foot of height. Then we have a second setback -- a first setback of 20 feet, then a height of 130 feet. 130 feet is the maximum height that you're going to see at the top of build -- in the building if you're walking through Biscayne Boulevard. It's very difficult to see it there -- the complete height of the building from standing on the ground because there's an exfra 25 feet of setback. The red indicates the commercial. You don't see any of the parking, and the blue indicates residential. Since the beginning -- the current Code allows us to build 244 feet. Even though we could have built 22 levels, plus the penthouse, we decided to lower. We decided to go lower because we understood the needs of the community and we went lower. Today, what we're proposing is a City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 building that the height of Biscayne Boulevard is 130 feet, then we have an extra penthouse level that goes to 149 feet. This is the east elevation, where you can clearly see that we're going to have a great ball of attraction at the ground level. All what I'm pointing here is all commercial. This is the west elevation, looking from 58th Street. We're going to have studios for artists and retail space. This is the view from 58th Street. The reason that you see something strange because the buildings are in an angle, so what you'll -- the only thing that you can see clearly that is parallel or perpendicular, I could say, is the residential area. These are all town houses, and the entrance are going to be through the street. That creates pedestrian friendly. We're going to have access to the studios at the bottom, in the same entrance, as access to the housing on the top. That creates people and that creates neighborhood, a community. This is a bird's eye view, where you can see both of the buildings, and the treatment on the 58th Street with residential, and on Biscayne Boulevard with retail. The corner from the eye's view or pedestrian's point of view, when we have a nice element that represents the corner, the corner of the 58th and Biscayne Boulevard, another possible attraction for the area. A view from the town houses along 58th Street. If alternative "B" that we're proposing here, as well, is the same height, has the same access to 4th court, and has 397 parking spaces, as well, it has 34,000 square feet of open space. It shares the same characteristics, except that we don't have the corner lot. Use of one long building with the same plaza and with same retail at the bottom, and with the same height. To attract people to come to here, to come to live to Biscayne Boulevard, being the first building built of condos on the Corridor, we must address something special and something unique in the units as well, not only at the pedestrian level, so Kubik proposes -- in order to attract these people to come to this place, Kubik proposes by -level units. All of the project is going to be by -level. Their design is unique, and as well their space -- the quality of the space. This is interior view. This is a concept that we developed, creating a compact city. A compact city is a city where you can live, work, shop and enjoy your free time within the same area. It's a walking distance area, the same area that HOK selected or identified as an urban charrette. At the top, we have the same modular that you saw in the previous picture, which is this one, but at the bottom, what you see, what is in front of the parking space, is wrapping the parking garage, you're going to see a studio or an office. We call them lofts living over the shop or living over the studio. This is done to attract people who want to work and live in the same area, but they don't want to share the same space where the office is or where the residential space is. The economic study that Kubik did for the employment and wage taxes give us an amount that -- tax -- annually taxed revenues that Kubik is going to bring to the City is more than two million and a half dollars. The employment under construction is going to be 325 people. The wages in construction are going to be more than forty million dollars, and annually, Kubik is going to pump more than a million or a million dollars. The traffic study that Kubik did for the area and results that showed that all aspects of the project are acceptable and fall within the level of service thresholds developed by the City ofMiami. We even went further and by the request of the neighbors, we did a shadow study. We did a shadow study four times or four seasons during the year, at four different dates or hours, at 9 a.m., 11 a.m., 3 p.m. and 5 p. m., and if you note that the extreme shadow is always cast on the commercial place of the boulevard, which is -- or the boulevard or the commercial areas. This is in March. Chairman Teele: Excuse me. Mr. Alvarado: Yes. Chairman Teele: Counsel, give us a little bit of a feel about how long you're going to be taking on this. Ms. Dougherty: This is the end. Mr. Alvarado: This is the end. March study, the same hours. June, September, and this is view from the top of the building. Top of the building -- that is the Wachovia building -- has a similar height, looking down to the green canopy of the neighborhoods. You can see it, and you can City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 clearly see that there's no invasion of privacy. This last map shows us the red color, indicates the people who support Kubik. The orange color is where Kubik is located. We have more than 90 percent of people surrounding the project in support. I would like to express our deepest gratitude to all of the neighbors and community that have been involved in this process. Without their valuable input and feedback, this project couldn't have reached the level of excellence that we see today. As you can see, we have acted in good faith frying to be a good and friendly neighbor, not to mention the time and effort and dedication to the City staff to bring this project to you with a recommendation. Let Kubik be the renaissance of a boulevard, that it is not dead, but terminally ill. Kubik is the beginning of the future. Ms. Dougherty: I have some expert witnesses that I'm only going to use as rebuttal. We rely on our reports that were submitted in connection with the record. Chairman Teele: All right. Before we start, let me get the Director -- Lourdes, can you state again, what is your recommendation and what are the conditions, so that the people who are coming in opposition can focus in exactly on what you're recommending and what conditions, so we don't repeat each other. Ms. Slazyk: OK. The Planning and Zoning Department is recommending approval, and I guess there's really two conditions that were the, you know, major focus of discussion at the PAB. The first one is that the plans be modified in order to eliminate the floor area ratio bonus requested pursuant to Article 5. That means, reduce the PUD bonus. And the second one was that, as a result of this, keep working with the Planning and Zoning Department to try to further reduce the height, and just to go to what Lucia said, the reason for the change in the recommendation was that the results of the Corridor Study came out, and the study called for reduced heights on the boulevard, and while -- you know, the project originally, when we had reviewed it and made the recommendation, the results of that and the studies had not really been finalized to a point that we could adopt -- you know, apply them to projects on the boulevard, but when they came in with a substantial modification, we had new information and that's what changed the recommendation. Again, those were the two conditions primarily that we're requesting. Other than that, the recommendation was for approval. Chairman Teele: All right. And did counsel indicate they accept those -- Ms. Slazyk: No. No, they don't, and the Planning Advisory Board didn't accept the conditions either. They recommended approval as presented. Chairman Teele: All right. Counsel, you're entitled to about an hour and a half at the rate we're going, so please don't use it. Mr. Dickman: Mr. Chair, Andrew Dickman, law offices at 9111 Park Drive, in Miami Shores, Florida. I'm here representing Morningside Homeowners Association. Also want to put on the record that I'm a member of the America Association of Certified Planners. I'm a member of the American Planning Association, as well. Approximately, three and a half hours ago or five and a half hours ago, I had asked for a continuance or a deferral because of the speed at which this application came from lower board PAB to this board. At that time, the consideration was that there were a number of people here from the neighborhood to speak for and against it and, therefore, it should go forward. I can tell you that in this almost six hours, I am even more disadvantaged now because we have lost probably 80 percent of our people who were going to be relied on to testify and bring important information to this committee, so once again, just in -- very respectfully, I would ask that you allow a continuance. This is more prejudicial to us to go forward now than it is to the applicant to hear it. Chairman Teele: Counsel, if you had come up and said you'd like to put some of your people on in opposition, I certainly would have considered it, so I don't want the record -- City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Dickman: At what time? Chairman Teele: I don't want the record to be just what you're saying. I'm not saying that I would have granted it, given where we were, but I certainly would have considered it, but I'm going to yield to my colleague, Commissioner Winton, to see how he's responding to your request. Mr. Dickman: Thank you, sir. Commissioner Winton: This is first reading? Mr. Maxwell: No, sir. This is a resolution. Mr. Dickman: First, second, and last. Commissioner Winton: Oh, this is zoning. Mr. Maxwell: One reading. Ms. Dougherty: The zoning is already in place. This is a -- Commissioner Winton: OK. Could I ask, then -- before I get to that, I want to ask a couple of questions because they're going to be fundamental to where I'm going. Mr. City Attorney, everyone who testifies is under oath, is that not correct? Mr. Maxwell: Oath was given, that's correct, sir. Commissioner Winton: And what is the penalty for -- Vice Chairman Sanchez: Perjury. Commissioner Winton: Perjury? Mr. Dickman: Excuse me? Vice Chairman Sanchez: Five years. Mr. Maxwell: I'm not sure what the penalty would be under quasi-judicial procedures for perjury here. We'd have to let the court decide that, what the penalties would be. Chairman Teele: Well, the presiding officer would bar anybody from ever appearing, while I'm presiding, if they were found to be perjured, so that may not be responsive fully. Commissioner Winton: OK. No. That's -- I got two parts of an answer. We don't know exactly what the penalties are, but the courts would have to decide, so I'm assuming that there would be penalties, and the presiding officer's suggesting that whoever perjured themselves would never be allowed to testify, at least during his reign, before this Commission again. Mr. Maxwell: I think that would probably be a remedy the courts would sanction, and if it was an officer of the court that perjured himself of course, there are remedies for that, as well. Vice Chairman Sanchez: State your name and present your facts, Commissioner. Commissioner Winton: Lucia, I have a couple of questions for you, tied to that series of City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 questions. Does the developer own the land? Hs. Dougherty: Yes. Commissioner Winton: When did the developer buy the site? Not talking about the expanded site that you've had to buy to fry to satisfy neighbors, but the original primary site. Hr. Alvarado: We started to buy the land two years ago, and we bought piece by piece. It has taken -- I mean, it's a very special site. It's a very difficult site and it's a very unique site. It's an island. We have bought piece by piece, and the first piece we started to buy -- to negotiate two years ago, and we closed it September last year, of the big part. Then we bought the second part and it was when? In December, and now it's closed, and it's on our property and it's owned by us, and the third parcel that we have been trying -- that is under contract is not bought yet, but the rest of the property -- Commissioner Winton: OK. Understand. Hr. Alvarado: -- and the Soyka property. This property is -- the intention of buying this property was to make -- come through the suggestions of the community, because we keep the same number of units. Commissioner Winton: OK. Andrew, you were here, I think, when I was talking about -- I think it was the 27th Avenue Corridor moratorium, when I was quizzing our City Attorney and encouraging him to come back to us, by next Thursday, so that we could, in fact, enact a moratorium or moratoria, as fast as possible, so that we can prevent the flood gates from opening for people who are frying to get in under the wire and be able to call their projects conforming or fitting in the old system, but also said that see the projects that -- where the developer actually owns the land. They've paid the price -- they've paid the price, based on an expectation that they could build a certain size project. I consider those very differently than I consider the ones that are frying to get in under the wire. The reason thatl asked the question about this project is to understand when this developer closed on land, and this developer paid -- I don't know what they paid, because it isn't relevant. What's relevant is that they put their money down on the table, closed with the expectation that could build in this envelope. Vice Chairman Sanchez: Yep. Commissioner Winton: That envelope is radically different than the envelope that we're all discussing as it relates to the Biscayne Boulevard Corridor, and if there's any project along the corridor that consider -- personally, based on the information -- to fit in the old set of rules, this one qualifies, and as you know, we're going to -- I've got the City Attorney. He'll give us an answer next week in terms of what we can do about the rest of them, but consider this one, that it fits under the old guidelines, not the new guidelines, so that said, I'm not sure I'm going to understand what we're going to gain by creating an environment where a whole bunch of people get to come and talk in another three weeks or four weeks, whatever the case may be, as opposed to going through the dialogue with the folks that are here, because I will get the point, and I know who all the players are, and I'm not sure where we're going to gain anything, other than having an opportunity to have one more night that's all extended, where all the people that did stay that are on your side of the fence, they've wasted five and a half more hours and we bring them back to waste two or three more, because you know how these Commission meetings go and something gets in the way, so -- Hr. Dickman: IfI could just have a minute to respond to that. There's a couple of issues here. First of all, the -- if you were to continue this, the project that you're considering here tonight would still be under those rules. That wouldn't change, so that's not even -- that's a moot issue because nobody's saying that, you know, this is a trick or ploy on our side to try to get them City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 under the new ordinance. That's not the case, at all. It's simply and merely the fact that this came very quickly after PAB, while my clients were fully engaged in SD-9 ordinance and other things, and there's only so much resources to go around, and I know you know what I'm talking about, in terms of how homeowner representation works. The other piece of this is that it's not a matter of numbers, and I agree with you, of the number of people that would come here, because I would counsel my clients to not repeat themselves. The fact is, without divulging my hand too much, it goes to competent evidence and putting testimony on the record, so that our issues are on the record, not necessarily just to educate you, but so that we can build our record, and what I'm in a position with now is that a lot of people have left in these hours and the two weeks that we've only had to prepare for this. We have not been able to adequately be prepared. That's it, so if you were to continue this, the rules would still be the same. We would be, in my opinion, more greatly penalized if you were to go forward tonight than any injustice that would occur to the applicant, so that's why I put it out there. In no way are we frying to make a -- have a sneaky trick to fry to get, you know, under the old ordinance whatsoever. It's just merely short notice to try to prepare for these things. My clients are, as you know, very heavily involved in the SD-9 issues. We've lost 80/90 percent of serious people that have been involved in this for eight and nine different hearings, and regrettably had to leave tonight, who I think would have put on some very important testimony. Vice Chairman Sanchez: Counsel -- ifI may? Commissioner Winton: Sure. Vice Chairman Sanchez: Counsel, you're entitled to build your case. I mean, based -- you're entitled to build your case -- Mr. Dickman: I understand that. Vice Chairman Sanchez: -- on the issue. Now, let me just elaborate on what Commissioner Winton said, you know. Commissioner -- and exactly on the issue of earlier today, where he said there are certain developers that fall within that scope, that they've bought the property with the intention that I could build that on that property. Being that this is one of the developments that clearly -- I think it's -- I think -- how many are out there, Johnny? Commissioner Winton: Huh? Vice Chairman Sanchez: How many other developers are out there that fall -- it's like three or four? Commissioner Winton: Well, I don't know exactly. I'm trying to get that figured out also, but three or four. Vice Chairman Sanchez: There's about three or four. Commissioner Winton: And there's one that's particularly egregious. Vice Chairman Sanchez: You know, we need to be very careful, and let me just -- well, let me not get into that. How many times have you changed your plans -- you said, when you opened up, the plans had been changed. Five times you've changed your plans. Mr. Alvarado: We have done five complete projects, developed with the community. Vice Chairman Sanchez: Five and -- Mr. Alvarado: Five complete projects, different projects. City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: And you met with -- How many meetings have you had with homeowner associations? Mr. Alvarado: We have met more than 51 times. Vice Chairman Sanchez: How many? Mr. Alvarado: Fifty-one times. Vice Chairman Sanchez: You've had 51 meetings, and you're still around? Ms. Dougherty: Not just with homeowner associations -- Mr. Alvarado: Yeah. Ms. Dougherty: -- but individuals and people who -- concerned citizens. Chairman Teele: You've got to speak into the mike. Vice Chairman Sanchez: Well, don't say that too loud. Mr. Dickman: Including me. I was probably at one of those meetings. Vice Chairman Sanchez: All right. Well, don't say that too loud, that you had 51 meetings because that -- I mean, don't say that too loud. Chairman Teele: Commissioners. Commissioner Winton: Could I ask you one more question, Andrew? Mr. Dickman: Sure. Commissioner Winton: Of the people that are going to testify, how many of those people do you consider to be experts that will add competent testimony, not just neighborhood opinion, to the issue here? Because I'm going to -- I could probably recite the neighborhood opinion, and you have people from the neighborhood here, they're all smart people, they're all very articulate, and so the ones that are here can cover that, so I want to get to the point -- I don't want to cut your -- I don't want to reduce -- listen, they've already gone through a lot, so I don't necessarily have a problem turning to them and saying, we -- apologies, but we're going to go one more time just so that everybody's record's straight. I'm getting a sense about where I'm going on the basis of -- kind of a rational judgment, but if there's competent technical testimony that you can't put on, I need to understand that, and if you come the next time, ifI said yes and you don't bring that, I am not going to be a very happy camper. Mr. Dickman: Commissioner -- Patrick Whiteside: Mr. Chair, Mr. Chair, may I address the Commission, please? Commissioner Winton: Excuse me. No, you may not. I'm asking him a question. Mr. Whiteside: Yes, sir. Mr. Dickman: Yes. The answer is yes, that -- and I'm sure Mr. Maxwell can expound on this, as well. The law in Florida is that homeowners can give competent evidence, as long as it's fact based. The homeowners that I had here knew that. We talked about the things that we needed to City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 get on the record. They are not considered necessarily experts, per se. In fact, you know, had we had more time, we could have gotten other experts, but, yes, homeowners that were going to be here, I'm not going to say -- there are some here still, but most of them left, and important points that we want to get on the record, yes, it would have been fact based and it would have been used as competent evidence. I also want to state that since the time from the PAB hearing and tonight -- as of yesterday, April 21st -- this is from the hearing file that examined today. This is from the lab design, the applicants. Basically, they have submitted new plans, elevations yesterday. I mean, that's just really unfair for new plans to be submitted, elevations to be submitted. This is -- I can put it in the record. It's in your packet, but it's dated April 21st, and this is basically the elevations that the PAB were asking for. I mean, there was a long discussion from one of the board members that, hey, I don't have enough exhibits here to look at, so here is a document that's put in the record yesterday. This is where we are. Commissioner Winton: I understand. He wanted to address the Chair, so -- Chairman Teele: Yes, sir. Mr. Whiteside: Yes, sir. My apologies for interrupting, butt have an attorney and a Commissioner going back and forth, I didn't know when I'd get a word in edgewise, but I'd like -- Chairman Teele: State your name. Mr. Whiteside: I'm Patrick Whiteside. I'm with the Biscayne Corridor Chamber of Commerce, 780 Northeast 69th Street. I'd like to request that you not continue this meeting. Mr. Dickman is saying that his side has just kind of gotten tired and gone home. You have two sides here. You have one side that hasn't gotten tired and gone home. Mr. Dickman could have requested that he did the same thing that the proponents did and speak, so that they could make their claim and go home. Now, I mean, our foundation of how we run our government is based on, we do things in a speedy manner, and think Mr. Dickman's request basically comes down to "The dog ate my homework. I didn't have enough time to prepare." I mean, this goes back several months. There's been many, many months, many hours -- Chairman Teele: All right. Mr. Whiteside: -- for Mr. Dickman to prepare, and I would request that you do not continue this. Chairman Teele: All right. I'm going to ask and request respectfully of the district Commissioner to defer the matter to the first meeting in May, which is two weeks away -- since we're going to have that Hay 6th meeting, which is not a zoning meeting -- at a time that is convenient for both lawyers, with the Clerk being requested to make a verbatim transcript of the meeting to this date, so that it's there before us. Commissioner Winton, do not feel compelled, but I'm only trying to protect the record, and let me just tell you why. The meetings have gone very long tonight. I can't see any real danger or damage that is done. They've not closed on that last project. It's very frustrating to those people that are here, but the people that have presented the evidence, their information is in the record, so it's not like we're inconveniencing all of the people who are here to see what happens. They can have a pizza on us and tune in from your home, because we're not going to be opening up the public hearing again for that. There will be rebuttal, and your lawyer will afford -- be afforded the opportunity to bring other people back and to rebut anything that's said, butt just think given the manner in which the attorney is making the request and given the fact that two weeks -- if we were deferring it for a month, it would be a little bit different. I just would like to protect the record, but again, you know, the last time this came up, Commissioner Sanchez said go forward; we went forward, and I don't feel bad about it. City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: But you read me. I was torn between these two things, and then I got to thinking, well, it's going to be a month. It won't be a month. It's going to be six weeks, but I think you've got the right compromise there. We put it on the regular agenda, which is two weeks from now, and we've heard the folks from the positive side. That's already a part of the record: We don't have to rehear that. We can hear the competent testimony from those in opposition, and then we're going to make a decision. Chairman Teele: And the transcript -- Commissioner Winton: And the transcript. Chairman Teele: -- coming from the Clerk's Office. Commissioner Winton: Yes. And I think they want to put one more on the record. Alex Rodriguez: Good evening, Mr. Chair, Commissioners. Alex Rodriguez, 469 Northeast 76th Street, the president of the Palm Grove Neighborhood Association. Also, a director of the Upper Eastside Miami Council. If you choose to defer this -- continue it in the next two weeks, could you please give us a time certain? Commissioner Winton: Yes. Mr. Rodriguez: So that way, when -- everybody could be here on time? Chairman Teele: Absolutely. Commissioner Winton: And would y'all like -- Vice Chairman Sanchez: It will be -- Commissioner Winton: -- 6 o'clock, 5:30? Vice Chairman Sanchez: It'll be addressed and taken care of at that day. I mean -- Commissioner Winton: Yeah, and this won't be nearly as long because -- Vice Chairman Sanchez: Yeah. Commissioner Winton: -- we've heard a lot, seen a lot. It will be a much, much shorter presentation, but would y'all like 5:30 or 6 or -- Mr. Rodriguez: 6 o'clock would be better, and -- Chairman Teele: No, no, no. It's not up to you now. Hold on. You're -- Vice Chairman Sanchez: You can't have the cake and eat it, too. Chairman Teele: -- you're licking the plate. Mr. Rodriguez: I thought he said y'all. I thought he said y'all. Commissioner Winton: Well, I did. I did. I did. I caused that problem. I did that. Vice Chairman Sanchez: Oh, you did? City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: I did that. Vice Chairman Sanchez: You can't have the cake and eat it, too. Commissioner Winton: Mr. Chairman, what would you suggest? Chairman Teele: I would like for the people who are opposing to the deferral to tell us what time would be convenient for them? Mr. Rodriguez: I think 6:30 would be fair for everyone who works and that needs to get down here with traffic and everything. Commissioner Winton: Well, how big is our agenda on the 6th? Oh, we're going to have a combine meeting, aren't we? Vice Chairman Sanchez: We don't even know what we're going to have. Commissioner Winton: Oh, yeah, so -- Chairman Teele: We don't know what we're going to have. Mr. Rodriguez: 6, 6:30, whatever -- Commissioner Winton: 6 o'clock. 6 o'clock. Mr. Rodriguez: 6. And I will make sure our people are brief and it will be very direct. Thank you. Commissioner Winton: So moved. Continue to the -- Teresita Fernandez (Hearing Boards): For the record -- Mr. Alvarado: Commissioner, could I have a word, please? Commissioner Winton: Yes. Mr. Alvarado: I will kindly request you that we don't delay this process anymore. It is not about two weeks that we have been working on this project. We have been working for more than six months with the community. Commissioner Winton: You have my absolute commitment, on the 6th -- is it the 6th? Two weeks from now -- Vice Chairman Sanchez: Johnny. Commissioner Winton: -- we will make a decision. Vice Chairman Sanchez: Johnny. Commissioner Winton: Done. Vice Chairman Sanchez: Any developer -- and I speak from the heart -- any developer who has had 51 meetings with the community, have changed their plans five times, that's beyond acting in good faith to try to get their project done, you know. Time to them is an essence. I want to make this happen, and I want everybody to have a fair process in this and have representation, but, City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 you know, I've got to tip Willy hat to you. I mean, I'll continue to say this: With all these things that are going on in this community with the moratoriums and the things that are going on, I mean, it's starting to send shivering down the spine of a lot of people in our community and we need to realize that. Chairman Teele: I want to be very clear about this to both sides. I think it's on the record that there have been a series of meetings somewhere greater than 25 and maybe as many as 51, so I think, clearly, this deferral is the last time and the last request that you all can make in good conscience, because it borders upon just raising the question of dilatory tactics, and I'm not suggesting that, but I am saying, when you all come in here, you all need to be concise, brief to the point, take as long as you take, but we don't need a filibustering on this. Mr. Dickman: You have my word. Chairman Teele: Thank you. Madam Clerk, did you have a -- Ms. Dougherty: Mr. Chairman, I just want to make it clear, we have not finished with our supporters either tonight. Ms. Fernandez: Mr. Chairman, ifI may. Commissioner Winton: Why not? We don't need any more. I mean, give me a break. Chairman Teele: OK. OK. Ma'am. Ms. Fernandez: Teresita Fernandez from Hearing Boards. To answer Mr. Winton's question on how big an agenda we have for the 6th, we have four second readings at 3 o'clock; we have one second reading at 4:30, and then we have this one at 6 p.m. Chairman Teele: What's at 4:30? Ms. Fernandez: 4:30 is the Silver Bluff the moratorium. Commissioner Winton: Yeah, but we've debated all these about 800 times, so these are going to go -- those will go quickly. Chairman Teele: All right. Commissioner Winton: As will this one. Chairman Teele: 6 o'clock, without delay. Commissioner Winton: As will this one. Chairman Teele: Hold on. No, no, no, no, sir. Counsel. Ryan York: Sir. Chairman Teele: No, no, please. Your -- the attorney. How many more people do you all have, Madam Attorney, to make presentations? Ms. Dougherty: You can see at least six people right here. Chairman Teele: All right. When we take this up, we will begin with you all making your conclusion, with at least -- with six people. City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ryan York: Sir, I know I don't want to interrupt, but I just -- I'm prepared today to speak on behalf ofMark Soyka. Chairman Teele: Your name. Say again. Mr. York: OK. My name is Ryan York. I'm here to speak on behalf ofMark Soya, who cannot be here today. Chairman Teele: Maybe he'll be available on the 6th. Mr. York: Perhaps, he will, but I think that there's nobody more impacted by this project than Mark Soyka and what he's done -- Chairman Teele: Well, sir, you're not debating the deferral. Either you come back on the 6th or Mr. Soyka come back on the 6th, and you'll be the lead up batter at 6 p.m., and no matter what else we're doing, colleagues -- please don't be offended -- no matter what else we're doing, I'm going to cut you off because we're going to start this at 6 p.m. Commissioner Winton: I vote yes on that. Chairman Teele: OK. So -- Juana Villegas: Can I just say something? I'm not going -- Chairman Teele: Your name for the record. Ms. Villegas: Juana Villegas. I'm not going to be here on the 6th, butt have a letter signed by many supporters. Who can I leave it with? Chairman Teele: Would you like to read the letter into the record right now, ma'am? Ms. Villegas: OK. Respected Commissioners, my name is Juana Villegas. I'm a fashion designer for Soyka, a women's clothing store at Soyka's 55th Street Station. I'm here today in support of Kubik as a merchant of the area. 55th Street Station is a unique collection of wonderful stores and businesses. All of us are constantly working to make our niche a destination point to the residents ofMiami, but there is still a great deal of work to be done. I believe a development like Kubik will make our streets secure, friendly, and more beautiful still. Kubik respects the area's aesthetics and will create pedestrian traffic that will abate crime and prostitution, while bringing customers to our places of business. I strongly support the development. Thank you. Chairman Teele: All right, and that will be admitted into the record with the signatures of those persons. Ms. Villegas: And the signatures are most of the business owners of the area, OK? Chairman Teele: Thank you very much. Ms. Villegas: Thank you. Chairman Teele: We have a motion to defer on the -- Commissioner Winton: Continue, right? City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: I mean, to continue the matter to a time certain of 6p.m., on the date, May 6 th? Is there anyone else here against the continuance that needs to be heard? If not, all -- Ms. Thompson: I need a second. Chairman Teele: The notion was made by Commissioner Winton. It was seconded by Commissioner -- Commissioner Regalado: Second. Chairman Teele: -- Regalado. Ms. Thompson: Thank you. Chairman Teele: Sir. Steve Caterbone: Yes, sir. My name is Steve Caterbone. I'm a homeowner, who's been waiting since 3 o'clock, and I will never come back to this hall again. Thank you. Chairman Teele: All right. Thank you very much. Anyone else? Mr. York: Well, I was cut off butt would like to state my objection to this. I think there's nobody that's -- Chairman Teele: State your name and address again. Mr. York: My name is Ryan York. Chairman Teele: So, you're not going to be back on the 6th. Mr. York: We will be back on the 6th. Chairman Teele: Well, no, no, no, no. No. I apologize. Go ahead, go ahead. I mean, this is just playing with us now, but -- Mr. York: Well, the point is, is that Mark Soyka has proven his credentials in frying to benefit the City ofMiami and Miami Beach. This project is going to impact him more than probably anybody else in the community. He has spent much time with the developers; he has considered the architectural aspects of the development, and he really objects to this continued process. I mean, he is very much at ease with the project. He looks forward to working with these people, and to have it in his neighborhood, and this has just been really an unfair and an ongoing situation that just -- Commissioner Winton: And is he not a resident ofMorningside? Mr. York: He's a resident ofMorningside. I'm a resident ofMorningside. Commissioner Winton: Thank you. Mr. York: He's -- six years ago, when he went and purchased the building at 5556 Northeast 4th Court, which is now Soyka, there was nobody interested in this area. There was no developers. There was nobody, and this is his home. Commissioner Winton: There were a lot of people. City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. York: He has this cafe. He has Van Dyke. He didn't choose to live on the beach. He didn't choose to live in those neighborhoods. He chose to live in Morningside. He's very protective about his home, and his businesses and the community, and he has spent time with these people. He's impressed. They've been very sensitive to all the issues that have been brought forward to them, and he really wants to give it his stamp of approval and proceed, because this really has been kind of an unfair process that they've had to been put through, and so we would object to this continuation. Chairman Teele: All right. Mr. Attorney, do I have a conflict? Igo to Soyka's every Friday, and we all respectHr. Soyka and what he has done for the redevelopment. All right. We have a motion. We have a second. We want to apologize to everybody. We're going to be here for another four hours, but we do want to protect the record. We don't want this to be something that someone feels is being crammed down their throat. We want to give everybody a fair chance, and I think Commissioner Winton is bending over backwards now, and thank you, Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." The Morningside residents -- Mr. Dickman: You have our gratitude. Chairman Teele: -- have gotten their deferral. Mr. Dickman: Thank you, sir. Thank you. Chairman Teele: Thank you. PZ.2 04-00320 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 02-1249, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17, AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE METROPOLITAN MIAMI PROJECT, LOCATED AT APPROXIMATELY 300 & 200 SOUTHEAST 3RD STREET AND 200 SOUTHEAST 2ND STREET, MIAMI, FLORIDA; 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. City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 04-00320 MUSP Fact Sheet.pdf 04-00320 MUSP Analysis.PDF 04-00320 MUSP Zoning Map.pdf 04-00320 MUSP Aerial Map.pdf 04-00320 PAB Reso.PDF 04-00320 MUSP Application & Supp Docs.PDF 04-00320 Variance Fact Sheet.PDF 04-00320 Variance Analysis.PDF 04-00320 Variance Zoning Map.PDF 04-00320 Variance Aerial Map.pdf 04-00320 ZB Reso.PDF 04-00320 Variance Application & Supp Docs.PDF 04-00320 Plans.PDF 04-00320 Legislation.PDF 04-00320 Exhibit A.PDF 04-00320 Exhibit B.PDF 04-00320 Exhibit C.PDF REQUEST: Major Use Special Permit for the Metropolitan Miami Project LOCATION: Approximately 300 & 200 SE 3rd Street and 200 SE 2nd Street APPLICANT(S): MDM Downtown, LTD; New Miami LP Holdco, LLC; MDM II, LLC; Luis Polenta, Ricardo Glas; P&G, LLC; JP Hotels, Inc; P&G Development, LTD; Lawrence J. DeGeorge; Alejandro Angulo and Miguel Incocente, Owners APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Pending recommendation on April 20, 2004. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 17, 2004 by a vote of 7-0. ZONING BOARD: Recommended approval with a condition* of the variance on February 23, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the relocation of the residential building of the previously approved One Miami Major Use Special Permit Project. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton R-04-0276 Note for the Record: Although Commissioner Winton was absent during the vote, he requested City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 the City Clerk to show him voting in agreement with Item PZ. 2. Chairman Teele: All right. Can we get through the rest of this agenda without a lot of federal cases? Unidentified Speaker: Yeah. Lourdes Slazyk (Assistant Director, Planning & Zoning): I think there's only one more federal case, so -- Chairman Teele: Which one is that? Commissioner Regalado: PZ.2? Ms. Slazyk: No, it's not 2, so -- I don't know what number right now. Chairman Teele: All right. PZ.2. Ms. Slazyk: PZ. 2, this is a modification to a Major Use Special Permit for the Metropolitan Project, formerly One Miami. If you remember, One Miami was bifurcated into Parcel "A," which is under construction, and "B," "C," and "D." The modification before you today is to Parcel "B." The reason for the modification is that they needed to add a variance to their application, as a result of working with the City very closely to increase the amount of land they're dedicating to streets and to widening of lanes, to make the downtown transportation plan for this area, to actually implement it. We are very, very happy with this modification. It's going to give us the traffic circulation that we desire. Chairman Teele: What's your recommendation? Ms. Slazyk: Approval. Chairman Teele: Is there anyone here in opposition? All right, Counsel, go right ahead. Gil Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. Chairman Teele: Best -- Commissioner Regalado: I'll move. Ms. Slazyk: That's good enough. Vice Chairman Sanchez: Move to deny. Chairman Teele: Motion by Commissioner Regalado to accept the staff recommendation, and seconded by -- Vice Chairman Sanchez: Second. Chairman Teele: -- Commissioner Sanchez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. Congratulations. Mr. Pastoriza: Thank you. City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Good job. PZ.3. Vice Chairman Sanchez: I hope you're not paid by the hour. Ms. Slazyk: PZ.3 is -- Commissioner Winton: What is that property? Is it in my district? Ms. Slazyk: It was. Chairman Teele: Record Commissioner Winton as a "yes" vote, please. Commissioner Winton: Yes. PZ.3 04-00319 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE DUPONT TOWERS PROJECT, TO BE LOCATED AT APPROXIMATELY 300 BISCAYNE BOULEVARD WAY, MIAMI, FLORIDA, TO BE COMPRISED OF TWO LUXURY TOWERS CONTAINING 1,228 MULTIFAMILY RESIDENTIAL UNITS AND 62 HOTEL UNITS BOTH WITH RECREATIONAL AMENITIES, 9,982 SQUARE FEET OF RETAIL SPACE, 20,010 SQUARE FEET OF RESTAURANT/CAFE SPACE, AND TWO 14-STORY PARKING GARAGES WITH APPROXIMATELY 1,481 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. 04-00319 MUSP Fact Sheet.pdf 04-00319 MUSP Analysis.PDF 04-00319 Zoning Map.pdf 04-00319 Aerial Map.pdf 04-00319 River Comm Recomm.PDF 04-00319 HEPB Reso.PDF 04-00319 PAB Reso.PDF 04-00319 MUSP Application.PDF 04-00319 Sp Exception Fact Sheet.PDF 04-00319 Sp Exception Analysis.PDF 04-00319 ZB Resos.PDF 04-00319 Sp Exception Application & Supp Docs.PDF 04-00319 Plans.PDF 04-00319 Legislation.PDF 04-00319 Exhibit A.pdf 04-00319 Exhibit B.PDF 04-00319 Exhibit C.PDF 04-00319 - correspondence.pdf City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 REQUEST: Major Use Special Permit for the Dupont Towers Project LOCATION: Approximately 300 Biscayne Boulevard Way APPLICANT(S): DP Property Holdings, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on March 17, 2004. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a certificate of appropriateness to City Commission on December 16, 2003 by a vote of 6-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 17, 2004 by a vote of 7-0. ZONING BOARD: On March 8, 2004, made the following recommendations to the City Commission: 1) denial of the special exception to allow valet parking for hotel and restaurant up to 50% of existing offstreet parking spaces by a vote of 8-1; 2) approval with conditions* of the special exception to allow a bar/lounge open to the public by a vote of 9-0; and 3) approval with conditions* of the first special exception by a vote of 9-0; specifically, approval of the valet parking if applicant would condition accommodation of valet parking on the subject property. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0277 Chairman Teele: PZ.3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 is a Major Use Special Permit for the Dupont Towers Project, located at approximately 300 Biscayne Boulevard Way. This was recommended for approval, with conditions, by the Planning & Zoning Department, and approval, with conditions, to the City Commission from the Planning Advisory Board. There is just one condition I need to put in the record. It has to do with them also working with us on the dedication of additional land along the Brickell Bridge, and the Condition 12 specifically says that the applicant shall work with DOT (Department of Transportation) regarding the dedication of right-of-way located west of the subject property along the bridge. We now have a legal description of what that property is, and I would like to add it to the record as part of Condition 12, that that be the legal description of what the dedication is and, also, to just state that the developer does retain the heir rights. This would be the land for the -- that expansion. Other than that, we recommend approval, and the Planning Advisory Board also recommended City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 approval. Chairman Teele: All right. It's a public hearing. Is there anyone here in opposition to this item? All right. Counsel. Commissioner Regalado: I got a question. Commissioner Winton: Did you guys see the rendering -- did y'all see the rendering of either one of these projects? Commissioner Regalado: No. Adrienne Pardo: No, you don't need to. Commissioner Winton: You ought to at least hold them one sheet out, you know, and show them what it's going to look like. Ms. Pardo: We will. Commissioner Regalado: I just want to find out -- Ms. Pardo: Yeah. It's beautiful. Absolutely. We're happy to show you a rendering, see how beautiful -- Chairman Teele: All right. Counsel, introduce yourself for the record, please. Ms. Pardo: Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. Chairman Teele: Thank you. Commissioner Regalado: OK. I just want to find out -- Ms. Pardo: Yes. Commissioner Regalado: -- why is it that the County is in charge of selling those bricks that they found -- Ms. Pardo: They're not our bricks. Actually, it was the last project. Commissioner Regalado: Oh, it was? Commissioner Winton: Yeah. Ms. Pardo: They're selling the bricks. Commissioner Regalado: OK. Ms. Pardo: I think a hundred dollars or something. Chairman Teele: Their archeology is -- Commissioner Regalado: I understand that, but it's on City ofMiami -- Ms. Pardo: Hopefully, we don't have any bricks. City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: It's in City ofMiami, and it seems to me -- it's odd that the County is using that to do their own show. Ms. Pardo: We're here ready to make a full presentation, go through the project. This is a elevation of it. The -- this particular -- do you want me to go through the whole thing? No. Commissioner Winton: No. Is there opposition? Ms. Pardo: No, there's no opposition. Chairman Teele: We've -- Ms. Pardo: I'd just like to say, with regards to legal description -- Commissioner Winton: Yes. Ms. Pardo: -- that was -- FDOT (Florida Department of Transportation) gave it to our client, I think, like a week ago, and they overlayed it, and they're still tweaking it; it's not perfect, so we would request that it not be included, because we don't want to have it in there if it doesn't work, and the condition is in the resolution right now -- Chairman Teele: Why don't we approve it with the condition, but further give the City Manager the authority to modify that particular item? Ms. Slazyk: OK. Ms. Pardo: Joel doesn't like that idea. Joel Maxwell (Deputy City Attorney): Mr. Chairman, I recommend you not do that. You could only do that with very specific criteria and directions to him. Commissioner Winton: Joel knows. Mr. Maxwell: We had a problem with that on another problem -- another project. Chairman Teele: Well, why don't we -- Commissioner Winton: No, Joel. Chairman Teele: -- approve it and ask that it be brought back to us in 90 days for a review on that item? Ms. Slazyk: On just the final legal description? Chairman Teele: On just the final legal description. Ms. Pardo: How about, if you approve it and if we have a problem with the legal, then we'll come back? Commissioner Winton: OK. Ms. Pardo: Will that work? Ms. Slazyk: Approve it with -- City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Pardo: Can we agree -- Ms. Slazyk: -- the legal description that the City has, and if they have a problem with it, we'll bring that back. Mr. Maxwell: What -- Commissioner Winton: And we would encourage them to come back. Ms. Pardo: They're off by inches but, you know, we're just concerned if you get a legal in there and it -- Commissioner Winton: Yeah. Ms. Pardo: -- doesn't work -- or can we agree -- How about this? Can we agree that if we're off by no more than eight feet, that the City Manager has the right to work with it, and then we have criteria? Chairman Teele: Same thing. Commissioner Winton: No, he didn't like that idea. Ms. Pardo: No, no. I'm giving him specific criteria -- or the Commission would be. Mr. Maxwell: Yeah. I couldn't -- that would depend on the percentage of per rata -- you know, the ratio of that. I would say "no" to that because I think the first suggestion you had -- the Chairman had, that if there's some change in the legal description, you simply come back with that for review. Mary Conway: Mary Conway, City's Transportation Director. I have a question, which is that the legal description that is associated with this was drafted by the Department of Transportation, based on extensive meetings and coordination that's been occurring over the last couple of weeks, so I'm not sure why there's a question or objection relative to it. Chairman Teele: Well, isn't -- aren't we talking about inches now? Ms. Pardo: Yes. Chairman Teele: I mean, that's -- we're talking about -- their survey -- go ahead. Tim Wensing: Tim Wensing, with CMC Construction. It is exactly the way we talked about it, but when we plotted the legal description with Schwepsky Shishkin (phonetic), and then overlayed it over the top of the building, the indention that was going to do the mechanical arm is off the mark, off the line, right, and so, they need -- and the guy misinterpret -- you know, he just didn't do it right, so it's just got to be modified a little bit. The concept is exactly the same, except the exact locations that he's described are off what we talked about, and it just needs to be modified. Ms. Conway: What's that discrepancy? Inches? I mean, it's very slight? Mr. Wensing: Yeah. It's just inches. It's off by -- Chairman Teele: Talking about inches. Mr. Maxwell: Are we talking about a non -substantial modification? City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Absolutely. Mr. Maxwell: OK. That could be done administratively, if you're talking about -- Unidentified Speaker: Under 10 feet. Commissioner Winton: Well, I would have sworn that they said inches earlier, Joel, when they talked about it first. Mr. Maxwell: But she said, if it's not more than eight feet. Commissioner Winton: No. Ms. Pardo: Well, I wanted to give myself room. We went under 10. Commissioner Winton: First they said inches. Mr. Maxwell: Yeah. Commissioner Winton: Earlier, they said inches. Ms. Slazyk: All right. Mr. Maxwell: Well -- Ms. Pardo: I know. Mr. Maxwell: But the thing is that we -- even if -- my point is that, even if it was four feet, if it turns out that it's a non -substantial modification, we know that that's the type thing that can be done. Commissioner Winton: There you go. Now you're getting somewhere. Ms. Slazyk: The -- Ms. Pardo: Anything less than 10 feet is non -substantial. That's why I said eight. Ms. Slazyk: The criteria is anything less than 10 feet -- Ms. Pardo: OK That's fine. Ms. Slazyk: -- is non -substantial, so we -- Ms. Pardo: It's non -substantial. Ms. Slazyk: -- can administratively take care of anything less than 10 feet. Commissioner Winton: OK. No, Joel? Ms. Pardo: We'll do it that way. Ms. Slazyk: We're cool. That's cool. Commissioner Winton: Do we have a 'yes, "Joel now? City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Maxwell: I'm sorry. Ms. Slazyk: Non -substantial, if it changes. Chairman Teele: She said non -substantial (UNINTELLIGIBLE) -- Commissioner Winton: It's clearly non -substantial. That's what everybody's saying. Ms. Slazyk: It's clearly -- Mr. Maxwell: OK. Commissioner Winton: Thank you. Chairman Teele: All right. Commissioner Winton: So -- Chairman Teele: Adrienne, just tell us, generally, what you're going to be doing there, just so that the record is complete. How many units? What are we talking about? Blah, blah, blah, just enough. Ms. Pardo: Just -- all right. It's going to be a gorgeous project. Currently, you have the existing Dupont Hotel and office building, which really isn't used, and they're going to put in -- Commissioner Winton: And it isn't gorgeous. Ms. Pardo: No, I didn't say it was gorgeous. The new one's gorgeous. They're going to put in two beautiful towers. The first tower, phase I, will have 300 residential units, with 62 hotel rooms, and it's going to be a five-star hotel. There will be retail on the ground floor. There will be a bay walk put in, in the rear. Currently, right now, you have a parking garage and a building that was built that is not at all sensitive to the river, or the City, and the parking garage currently is built right up to the City's river, and what they're going to do is, they're going to put in a river walk that's going to be open to the public, and there will be restaurants out there, tables outside, and it's going to become a destination space. There will also be view corridors in the center, and also on the east side. The second tower will have 794 units, and 134 lofts, and we would request your recommendation of approval. Our architect, Luis Revuelta, can go through it in detail. Commissioner Winton: Well, that's the only problem I have with this whole project. Chairman Teele: What's that? Commissioner Winton: You know, it's really a good project. I'm just concerned about the architect. I -- Chairman Teele: Who's the architect with them? Commissioner Winton: Luis. Ms. Pardo: But we're not on 27th. Vice Chairman Sanchez: 27th (INAUDIBLE). City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: I would move -- Chairman Teele: Hold on a minute. Commissioner Winton: Oh, I'm sorry. Chairman Teele: Can we hear -- Commissioner Winton: Public hearing. Chairman Teele: -- from the Miami River Commission? Ms. Pardo: I have a letter. Brett Bibeau: Thank you, honorable Chairman. Honorable City Commissioners, good evening. I'll be brief. My name is Brett Bibeau. I'm the Managing Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway, in Miami, Florida, 33149. I'm here to provide you with our official statement, as requested in City resolution 00-320, regarding agenda Item PZ.3, which impacts the Miami River. The Miami River Commission recommends approval of the Dupont Major Use Special Permit application. On February 2nd, 2004, the MRC (Miami River Commission) heard a presentation from Ms. Adrienne Pardo, Greenberg Traurig; Mr. Luis Revuelta, Revuelta Vega and Leon Architects, regarding the pending MUSP (Major Use Special Permit) for the Dupont Plaza site, located on the north shore of the Miami River, immediately east to the Brickell Bridge. The MRC found the proposed project to be consistent with the award -winning Miami Corridor Urban Infill Plan, in that it is a high -density mixed use development in downtown Miami, featuring two indoor/outdoor restaurants on the ground floor, a bar, spa, retail space with residential and hotel units above. The parking garage is facaded with residential loft units, and the 800 linear feet of dock space will be accessible to both property owners and the general public. In addition, the MRC found the proposed development to be consistent with the Miami River GreenwayAction Plan, in providing a 22 foot wide, publicly accessible river walk, consisting of a 16-foot wide unobstructed pedestrian path, plus six additional feet of landscaping, lighting, benches and other amenities. Therefore, the Miami River Commission unanimously recommended approval of the Dupont MUSP application, subject to only one condition; that the developer extends the publicly accessible river walk over the narrow, vacant Claughtontract, in order to connect with One Miami's river walk, directly east of the Dupont site. Thank you very much for your time. Ms. Slazyk: And we did incorporate that condition into the development order. Vice Chairman Sanchez: You have? Mr. Bibeau: OK. Ms. Slazyk: Yes, yes. Chairman Teele: All right. Did you want to say to Commissioner -- behind his back what you wanted to say when he was here? You're free to say it now. Mr. Bibeau: Behind his back is -- Commissioner Regalado: No, he's watching. Chairman Teele: All right. Johnny, this is really such a beautiful building. Normally, the architect makes the presentation. I think it's only fair that, at least, the architect come up, introduce himself and brag a little bit. City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: He's already been introduced. Luis Revuelta: I think I've taken all my two minutes on this evening, or you guys -- Chairman Teele: Your name -- your name and -- Mr. Revuelta: My name is Luis Revuelta, with Revuelta Vega Leon, and I'm here with my partners, Ernesto Vega and Burt Leon tonight, and that's, I think, 20 seconds, and thank you very much, and I hope that you approve this project. Chairman Teele: Commissioner, it's a beautiful project -- Commissioner Winton: It is. Chairman Teele: -- I must say. It's very handsome. You split. It's a draw tonight. Commissioner Winton: Well -- Chairman Teele: Win one, you lose one. Commissioner Winton: I'll tell you. They had a tremendous challenge on this site because they've got issues related to neighbors. They've got a really funky site, in terms of its dimensions. They're required to have certain setbacks. They're required to have a bay walk. They're required to have public open space, and so they have the issues about view corridors, setbacks, bay view -- I mean, the bay walk, public spaces, crammed onto this pie -shaped piece of land. Very, very, very challenging, and I think they've done a great job melding all of these pieces together and creating a spectacular project that will go beautifully with the other two major spectacular projects that are -- one to its east, and the other major one to the north, so my congratulations to all three of you guys. You've all done a great job, and I also need to recognize Tim Wensing for one other thing. He has -- you know, Commissioner Teele, this whole jobs thing we're working on with the developers, Tim Wensing has kind of grabbed control of it as an unofficial chairman, working with Jason and others, to kick the -- and what he's doing is creating a systematic process for bringing City residents into construction jobs, not just a one- shot, "Well, you know, if we get some, we get some, and we pat ourselves on the back." He's creating a real system that can become systematized that we could follow for a long time to come, so thank you for your help, and I know that all three major development groups there have all agreed to participate with this, so thank you guys all. Tim, thank you, also for your support, as well. Chairman Teele: All right. The public hearing is closed. Do we have a motion? Commissioner Winton: Move staff recommendation. Vice Chairman Sanchez: With conditions. Commissioner Winton: With conditions -- Vice Chairman Sanchez: Second. Ms. Slazyk: Right. Commissioner Winton: -- including the -- whatever we just figured out about the -- Ms. Slazyk: The legal description. City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: -- the legal description. Chairman Teele: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." In the interest of -- Ms. Pardo: Thank you. Chairman Teele: Adrienne, did you want to say something? Ms. Pardo: No. Just thank you. Chairman Teele: Thank you very much. Excellent presentation. Could we take a 10-minute break, so that we don't lose the quorum here, with the in and out? But let's try to start in 10 minutes or so? Commissioner Regalado: OK. Commissioner Winton: It's a deal with me, so that is -- Commissioner Regalado: Ten minutes. Chairman Teele: Ten minutes after 9. Commissioner Winton: Ten minutes after 9. PZ.4 04-00290 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED ALONG THE SOUTH SIDE OF NORTHEAST 24TH STREET BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 4TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-00290 Fact Sheet.pdf 04-00290 Plat & Street Analysis.PDF 04-00290 PW Analysis.PDF 04-00290 P&Z Analysis.PDF 04-00290 Zoning Map.PDF 04-00290 Aerial Map.pdf 04-00290 ZB Reso.PDF 04-00290 Application & Supp Docs.PDF 04-00290 Legislation.PDF 04-00290 Exhibit A.PDF REQUEST: Official Vacation and Closure of an Alley LOCATION: An Alley Located Along the South Side of NE 24th Street City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Between Biscanye Boulevard and NE 4th Avenue APPLICANT(S): Ricardo, Olga and Tessie Arregui, Owners and Sanford Reinhard, Trustee APPLICANT(S) AGENT: Judith A. Burke, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on February 5, 2003 by a vote of 4-1. ZONING BOARD: Recommended approval to City Commission on March 8, 2004 by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. 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-04-0278 Chairman Teele: The time is now 9:25, and we would like to get out of here before tomorrow, so we would appreciate everybody's cooperation. Commissioner Winton: I don't think so. Chairman Teele: Let's fry. Commissioner Winton: That's not my bet. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4, official vacation closure of an alley located along the south side of Northeast 24th Street, between Biscayne Boulevard and Northeast 4th Avenue. It's been recommended for approval. Chairman Teele: All right. Are there any people here in opposition to the alley street closure? Ma'am. Maria Gralia: Good evening. My name is Maria Gralia from the law firm of Schutz and Bowen, and we're here tonight. I -- we represent the owner of the property that, subject to this alley closure application, that is a private alley. Sanford Reinhart, trustee, and -- Chairman Teele: All right. Thank you very much. That was excellent. Commissioner Winton: Well, I actually got a -- Chairman Teele: You've got some questions? Commissioner Winton: Well, about the alley, because the private alley -- this is in Edgewater, and you all have heard me say every single time that Edgewater is as excited as I am about some of the redevelopment; that Edgewater, because it's got all those one-way, you know, dead end, City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 narrow little streets, go to the bay, turn around and come back; that's been upzoned to high-rise, that was once a -- principally a single-family neighborhood that will, by the time this development boom is passed, have a hundred times more units than the streets were designed for or more, and so I'm just concerned about moves that we make that make it easier to create more density, because I still think the train wreck's coming. Ms. Slazyk: This particular alley is -- Commissioner Winton: There's my question. Ms. Slazyk: Right. This particular alley is -- it runs north/south. It's right off of Biscayne Boulevard. It's not in the in-depth part -- it's not deep into the Edgewater; right in the middle of the residential. It's actually on the commercial part, with the SD-20. It's in conjunction with the project that is going through review, the Steps on the Boulevard Project. It's 120 residential units, with 19,000 square feet of retail on the boulevard. We've reviewed it. We're very happy with the project. It's in scale and character with the neighborhood, and we don't believe that this alley closure would be detrimental, so we -- Commissioner Winton: So moved. Commissioner Regalado: Second Commissioner Gonzalez: Second. Chairman Teele: Madam Director, thank you. It's good to hear the staff feel strongly about something. Put your neck out there. All right. Motion and a second. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Thank you. Ms. Gralia: Thank you very much. PZ.5 04-00393 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY AND EASEMENT LOCATED BETWEEN NORTHWEST 17TH STREET AND NORTHWEST 18TH STREET, WESTERLY OF NORTHWEST 14TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-00393 Fact Sheet.pdf 04-00393 Plat & Street Analysis.PDF 04-00393 PW Analysis.PDF 04-00393 P&Z Analysis.PDF 04-00393 Zoning Map.pdf 04-00393 Aerial Map.pdf 04-00393 ZB Reso.PDF 04-00393 Application & Supp Docs.PDF 04-00393 Legislation.PDF 04-00393 Exhibit A.PDF City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 REQUEST: Official Vacation and Closure of an Alley and Easement LOCATION: An Alley and Easement Located Between NW 17th Street and NW 18th Street, Westerly of NW 14th Avenue APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval with conditions* on March 4, 2004 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a unified development site. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0279 Chairman Teele: All right, PZ.5, street closure at Northwest 17th and 18th Streets. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. This is another official vacation closure of an alley. If you look at the graphic, you'll see this property is part of the property that was recently rezoned by the City. It's one of those contaminated sites. We put out an RFP ( Request for Proposal); selected a proposer to develop it, and this is part of that process of developing this property. The alleys here are two little pieces of alleys that go nowhere, and the graphics really demonstrate this, and the redevelopment of the site is much more beneficial. First of all, they are providing public space in it, and it is also going to be a cleaned up, contaminated site. We recommend approval. Commissioner Winton: This is Angel. Commissioner Gonzalez: It's a public hearing. Chairman Teele: Is the applicant here? Ms. Slazyk: The City is the applicant. Commissioner Winton: The City is the applicant. Vice Chairman Sanchez: The City's the applicant. Chairman Teele: This is a public hearing. Any person here in opposition should come forth. Is there anyone here in support? Opposition or support. All right. No need to come forward. City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second, PZ.5. Chairman Teele: Moved and seconded on PZ.5. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PZ.6 04-00388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A FRONT YARD SETBACK OF 5'0 " (20'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 500, 510 AND 520 NORTHEAST 29TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 04-00388 Fact Sheet.pdf 04-00388 Appeal Letter.PDF 04-00388 Analysis.PDF 04-00388 Zoning Map.pdf 04-00388 Aerial Map.PDF 04-00388 ZB Reso.PDF 04-00388 Application & Supp Docs.PDF 04-00388 Plans.PDF 04-00388 Legislation A.PDF 04-00388 Exhibit A.PDF 04-00388 Legislation B.PDF 04-00388 Exhibit A.PDF Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0285 Chairman Teele: All right. PZ.6. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is an appeal of a variance. It was a -- the Planning and Zoning Department's recommending approval of the variance. The Zoning Board had a motion to approve, which failed, constituting a denial; therefore, the applicant is here appealing this. This is a variance of a frontyard setback for five feet, where 20 feet is normally required. The Planning and Zoning Department recommended approval, finding that there is hardship. The subject property is of such a particular size and configuration that it constitutes a hardship with respect to Zoning Ordinance 11000, and as it stands, would -- Vice Chairman Sanchez: PZ.6? City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Hs. Slazyk: A literal interpretation of the provisions of the code would deprive the applicant of the rights commonly enjoyed by other properties within the same zoning district. The property is narrow, and in order to develop it with the efficient parking in the liner of the -- on the parking with the residential units, we believe that the property makes it impossible to do that without this variance, and we would recommend that the variance be granted and you reverse the decision of the Zoning Board. Commissioner Winton: Could you show me on my aerial where the subject property is? That doesn't seem to be on here. It's on the water and on the slip. Hs. Slazyk: It's on the north side, right in the middle. Commissioner Winton: Oh, I found it. Yeah. Hs. Slazyk: OK. Commissioner Winton: There. Hs. Slazyk: It's a white outline. The map just before it, which is the zoning map, might show you the location, but it's a white outline and there's a lot of pavement there, so white doesn't show up great. Commissioner Winton: So, where's the setback variance? How's that being granted? What's back and what's front, I guess? Hs. Slazyk: The front is the sfreet and the other side is along the water. Commissioner Winton: So, is that where -- is it moving closer to the water or is it moving closer to the street? Hs. Slazyk: This one moves it closer to the sfreet. The project is also in the process of getting an additional setback variance on the water side, but this particular variance before you tonight brings it closer to the sfreet. Commissioner Winton: So, explain to me again, then -- so there's another variance coming? Hs. Slazyk: The other variance is in process. It's going to the Zoning Board. Commissioner Winton: I want you to explain to me again why this is a -- why this -- how this is a hardship. Hs. Slazyk: OK. In order for the applicant to develop it, if they didn't have this variance, they wouldn't have the liners, and what it's going to do -- because the property's not wide enough, OK, so to do the residential liner that would make it a good urban design project and a project that would comply with other criteria of the City that they create -- you know, good urbanism and good design -- they wouldn't be able to do it without the variance because the property isn't big enough. Commissioner Winton: Well, they wouldn't be able to do it without the variance means they wouldn't be able to build as big a complex. Hs. Slazyk: Well, they wouldn't be able to do a parking -- Commissioner Winton: I don't get the logic. City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Slazyk: -- any parking sfructure. They would only be allowed surface parking or parking on a ground floor, because the sfructure is what causes the size. You can't have ramps without a certain size, a parking structure, so it would -- Commissioner Winton: Yes, but then you couldn't build a parking structure. Ms. Slazyk: Right. Commissioner Winton: So then you couldn't build as big a project. Unidentified Speaker: No, that's not true. Commissioner Winton: I think I'm asking her this question. Ms. Slazyk: Right. Commissioner Winton: Because I'm back to the same point, and I'll make this same point twice tonight that I've made at least 10 other times in the past. This is a neighborhood that's headed to a train wreck, and so I'm trying to -- I'm struggling to understand why we would grant variances on any single site in Edgewater that allows the creation of something big, if it doesn't naturally fit on the site? You build something smaller. Ms. Slazyk: The garage would fit, but it would be exposed parking. What's putting it into the variance is the liners, so without the variance, what they could build is the exposed parking garage with a tower on top of it, which would not be the best thing for the neighborhood. Commissioner Winton: So our code doesn't give you the right to force a change in the design of the garage to hide the parking structure -- Ms. Slazyk: Until -- Commissioner Winton: -- other than -- with something other than a liner? Ms. Slazyk: Yeah. Until we get a new code, and the master plan, and do that for the City, the setbacks and footprint limitations in these R-4 and C-1 districts are not -- they appear to be more for suburban areas. You know, we would have footprints that will, you know, require a footprint to be very small. You can't do a garage and liner, so you end up with a very anti-urbanistic project, not friendly for pedestrians, and if they didn't get this variance, it would be a parking garage with units above it, exposed parking, ribbon parking or blank walls, OK, so the size of the property and the -- Commissioner Winton: Which they could build high-rise. Ms. Slazyk: -- the criteria of the City that we want good urbanism is what kind of puts it into a hardship, and it's in our own Code, really, that doesn't allow for the good urbanism, but in this particular case, what we have to show is, do they have hardship? The size of their property, in conjunction with the criteria of the City for good urbanism, is a hardship because they can't do it without this variance. Commissioner Winton: OK. Well, just to make sure I understand. So, what you're saying is that on this site, as it exists, if they were required to meet all of our setback requirements, they could still build a structured garage on this site? Ms. Slazyk: Yes, they could. City ofMiami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: Are you sure? Ms. Slazyk: It would be ugly. Yes. And -- I guess, if you want to hear the presentation from the applicant, you'll see, but the drawings are in your package. Look to see, if the liners were removed, they would comply with setbacks, then what you're going to be left with is a parking garage with exposed parking. Commissioner Winton: This setback or both setbacks? Ms. Slazyk: Both. Vice Chairman Sanchez: But they -- but we have -- Ms. Slazyk: Because the liners -- Vice Chairman Sanchez: -- one setback in front of us. Adrienne Pardo: Only one setback. Commissioner Winton: I don't know where the other (INAUDIBLE). Vice Chairman Sanchez: A five-foot setback. Ms. Slazyk: Right. The liners -- OK, and you have to -- and, again, I -- maybe it would be better if the -- Commissioner Winton: OK, go ahead. Ms. Slazyk: The only plans I have in front of me are the little ones in the package. The liners are on the bay side, and if they got rid of that liner, they would be able to do their parking structure with no liner and meet the setbacks. Commissioner Winton: But what's on the sfreet side? Ms. Slazyk: The sfreet side is the -- well, the entrance. It's the entrance. Yeah. Ms. Pardo: It's a combination. Commissioner Winton: I didn't understand what you just said. Commissioner Regalado: So, what is the other setback? Commissioner Winton: The street side is the -- I don't understand. Which one fronts the water and which one fronts the street? (INAUDIBLE COMMENTS) Chairman Teele: Hold it, hold it, hold it. Unidentified Speaker: You have to be on the record. Chairman Teele: Somebody's got to give her a mike. Ms. Slazyk: Yeah. City ofMiami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Pardo: Can I -- Ms. Slazyk: I think you need to let them do their presentation, and then -- Ms. Pardo: You want me to go through it? I'll go through and address all of your questions and the hardship. Commissioner Winton: Well, you guys are real close. What is on that frontage right there? Ms. Pardo: The drawing -- for the record, my name is Adrienne Pardo, at 1221 Brickell Avenue. With me here today is my partner, Gloria Velazquez, and we're here today on behalf ofMoon Bay. The principals of the project are Charlie Martinez and Gus Gil, and the architect of record is Luis Castillo with Woljberg Alvarez. The rendering that Luis is holding up is the front of the building. The reason we're before you today is, we're appealing the Zoning Board's decision with regard to a front setback. We're providing five feet in the front. We've pushed the building forward. This particular district, as you know, it is zoned R-4, with an SD-20 overlay, which allows unlimited height. The project before you -- Commissioner Winton: I guess (INAUDIBLE). Ms. Pardo: The project before you today is a very modest project. It is only 13 stories. It has only a four-story parking structure, so it's kept very small. First, as many of the projects and many that have worked on myself that I'm very familiar with on the other streets -- and this one, just so you know, is at 500 Northeast 29th Street -- many of the other buildings that we work on are projects that have less than 200 units, but the reason they come before you is they're all beautiful, tall, sleek buildings that are generally anywhere from 25 stories or higher, and they're all beautiful buildings, and they're all requesting additional floor area, and that's what bring them before you as a Major Use Special Permit. In this particular case, the developer was trying to do something on a more modest level. He was trying to keep it low and go with the 13-story building. He was not planning on asking for any variances. This district, because it is SD-20, would have required a Class II. Ms. Slazyk: Yeah. Ms. Pardo: And what happened is, is when he was going through the design process, originally, there were no units in the rear, and the townhomes that were added in the rear, through meetings with staff are beautiful, and the developers -- when staff recommended it, of course, they're hemming in high. Now it's going to require a variance and go to public hearing, but when the architect designed it and he put it on the plans, they realized this really makes for a better project, so what you have here is a combination of two things. It's not just the liner residential units that were added in the rear, that pushed the building forward. You also have the need to provide for an efficient parking structure, and what that means is, this particular project is only 180 feet wide, which is OK, but in depth, it's only 105 feet in depth, so you have a 20-foot setback in the front, you have the rear setback, and then you have the liners that are supposed to be included. It leaves for a very small footprint. Now, when you're doing a parking Commissioner Winton: Adrienne, hold on a second. Ms. Pardo: OK. Commissioner Winton: Let me ask you one more -- Ms. Pardo: Yes. City ofMiami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: The one on the street frontage -- Ms. Pardo: Yes. Commissioner Winton: -- what is the material that you're using that's hiding the parking structure on that frontage? Ms. Pardo: I'm going to turn the floor over to the architect. Luis Castillo: Yes, hi. Luis Castillo, Wolfberg Alvarez & Partners. What we're proposing is a decorative mesh with aluminum structure around it. Commissioner Winton: Well -- and I have a question about that. Here's -- this is the second part -- I -- I'm -- I understand now, part one, but if we're trying to create a pedestrian friendly environment and we're frying to hide the parking garage, how is hiding the parking garage from the water beneficial to the neighborhood? You're going to put the parking garage on the street where the neighborhood is -- Slazyk: They could -- Commissioner Winton: -- and the town houses on the back where the water is, so the parking garage is now on the front street where all the neighbors are. Ms. Slazyk: Yeah. They -- it could be switched, but the water -- the view of the City from the water also -- there's no way to do it on both sides. There just isn't enough room. Commissioner Winton: I got that part. Ms. Slazyk: Right. And the Class II requirement in this particular project, what caused the Class II was because they're on the water, so the -- when we looked at -- what we're frying to protect through the Class II -- you know, through the whole review of the project, we look at everything, but the water front is what required the Class II, to begin with, and that's where that criteria and the need to beautify the City's view from the water -- Commissioner Winton: It isn't the Class II that required anything. It's the variance that they needed. Ms. Slazyk: They also need a Class II. They need the variance so they can get the Class II. Commissioner Winton: Well -- but it's the variance that you need that drove this issue, not the Class II. Ms. Slazyk: Right. Well -- Ms. Pardo: The Class II started the design process. With -- the City now -- the process that was started maybe a year or two ago with the Class II, is the submittal of the plans to Internal Design Review. You submit the plans. The Planning staff meets every Tuesday and they give feedback as to ways to improve the project, and it really has -- in the beginning, it was quite difficult for the developers and for the -- I think the lawyers for the developers, but it's really made for better projects in the City ofMiami. Let me input that. Commissioner Winton: But if you would have needed the variance, would you not have been able to review the same thing? City ofMiami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Slazyk: OK. When the project first came in, it didn't need a variance. It was the blank garage. The Design Review comments are what drove the variance, because in order to comply with the liner requirements that we were frying to institute for the water -- Commissioner Winton: It is no wonder we need to rewrite our code. What a screwy system. Ms. Slazyk: The setbacks here are big. They're big setbacks. It's a small property. We feel that that justifies, you know, the variance, the hardship. Without it, if they don't get this variance, they could go back to what we first saw, which was not a good project. Commissioner Winton: Yeah, I understand. Ms. Slazyk: You know. Commissioner Winton: So, let me tell you what I'm concerned about that y'all need to really work on hard. I'm not going to force you to put the liner buildings on the front, where they really ought to be, because it's about the rest of the neighborhood, and there's no question those townhome units are going to sell for -- is going to be a much nicer sell if they're facing the water than the street, and, you know, everybody gets that, but having that -- if we're going to grant the variance that puts the liner out there, that liner happens to now go up in value because you get to put it on the water, which I'm going to be OK with, but I'm not OK with the way that front garage piece is going to look, so y'all need to work on how you really hide that better from the public view, in some fashion or another, so that it really becomes -- it looks like it's just a simple part of the building, not kind of an attempt to cover up the garage, so I'm done. I'm ready to go. Vice Chairman Sanchez: Now, I have a question. Commissioner Winton: Yes, sir. Vice Chairman Sanchez: Has there been another building nearby that we've given a similar variance to? Ms. Pardo: Yes. I was -- in this particular area, there are several variances -- there are several projects in the City ofMiami that have come before the City Commission, and because of either adding liner units or -- and/or doing -- having an inefficient garage, this Commission has granted setback variances. In fact, just one block away on 30th Street, the Platinum Major Use Special Permit, this Commission had granted two side street variances, due to the inefficiency of the garage, and it's happened various places throughout the City. It's just a normal course, and I wanted to mention -- you were stating earlier that they wouldn't be able to build this big of a building if you didn't grant the variance, but what could happen -- Commissioner Winton: No. The answer is that you could. Ms. Pardo: Right. The alternative to this is, what would happen is, is you'd have to take away one row of parking and when you do that, you then lose half of your parking on each floor, so now you have to raise the parking podium to eight stories -- Commissioner Winton: Right. Ms. Pardo: -- and have a 17-story building instead of the 13-story building to accommodate your parking, and also the reason that the liner units were put in the rear -- and this is very important, and I just need to preserve it for my record, if you could just bear with me on this -- is in addition to the liner units in the rear, this project went before the Dade County Shoreline Development Review Committee, which has recommended it, and one of the two things that the committee really applauded this project on were the liner units in the rear, as well as the City ofMiami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 developer/owner agreeing to put in a bay walk that would be open to the public. Currently, you have three apartment buildings there, and in the rear, there's a 10 foot setback of the apartment buildings, and there is no bay walk and no public access, so that's really important here, that the developers will be putting in a bay walk, will be adding to this area. I know that there are, you know, other developments going on and we're hoping that we can extend that bay walk. Vice Chairman Sanchez: Another thing that I like is that it's -- you have a developer who's not out there reaching out for the full potential of the building in an unlimited height. Here, you know, I consider it to be a modest building. What is it, 14 stories? Ms. Pardo: It's only 13. Vice Chairman Sanchez: 13 stories. Ms. Pardo: 13. Vice Chairman Sanchez: All right. Commissioner Regalado: So, let me ask you this. Suppose that the City Commission doesn't grant any variance, then they go to you -- Ms. Slazyk: For the Class II, right. Commissioner Regalado: -- and say, we want to do the same building that we came here in the first place to do. Ms. Slazyk: What we would then do is, through Design Review comments, make them continue to dress up the garage. Commissioner Regalado: Yes. Ms. Slazyk: Dress up the garage, but the liner is -- Commissioner Regalado: But my point is, by selecting the views of the department, you force them into a variance. Ms. Slazyk: They put -- no, no, absolutely not. If they didn't want to do the liners, they would have proceeded with the Class II without applying for the variance. We didn't make them go get the variance. There was a choice they had to do -- Commissioner Regalado: But you suggested. Ms. Slazyk: -- they had to make. We suggested that liners were important. They decided to go for the variance, because they liked the way the liners looked when they did them, but if they get denied the variance, what they'll do is go back to a non -liner building and, through the Class II, we'll make them dress up the garage, continue articulation, and just try to hide the cars the best they can. Ms. Pardo: And we'll probably have to increase the parking podium. Ms. Slazyk: It would get higher, yeah. Ms. Pardo: It would be an eight -story parking podium instead of a four-story -- Commissioner Winton: Really ugly. City ofMiami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Pardo: -- parking podium. Vice Chairman Sanchez: All right. Commissioner Winton: Exfra ugly. Ms. Pardo: So, we -- Vice Chairman Sanchez: Are you -- Ms. Pardo: We believe also it's important that, in this particular case, you do have the hardship. You have your Planning staffs recommendation of approval on this variance, which they don't always give on variances when they're requested, and we do have the hardship based on adding the liner and the inefficiency of the garage and, therefore, trying to keep the garage podium lower. Vice Chairman Sanchez: Counsel, have you built your record? Ms. Pardo: Yeah, I think so. Vice Chairman Sanchez: OK. Are you done? Ms. Pardo: I am done. Vice Chairman Sanchez: All right. Counsel introduce yourself. You have the same amount of time to state your case. Tucker Gibbs: OK. I won't take -- Tucker Gibbs , 215 Grand Avenue, in Coconut Grove, and I'm representing Maysville, Inc, 711 Northeast 29th Street, who opposes the 15 foot frontyard setback being requested for the Moon Bay Development. I want to talk to you all about -- Commissioner Winton: Who are you representing? Mr. Gibbs: Maysville, Inc. Commissioner Winton: Where are they? Mr. Gibbs: Alex Radondo. He owns the property across the street. Vice Chairman Sanchez: Who's your client? Mr. Gibbs: Alex Radondo. Vice Chairman Sanchez: Name rings a bell. Mr. Gibbs: I bet it does. He's been here before. I'm dealing with this issue from a legal basis, and also from a policy basis that you talked about, Commissioner Winton. One, this is a variance. You need a hardship to get a variance. It's just that simple. I don't care if you have every planner here talking about the fact that this doesn't meet -- this isn't a hardship. The law says differently. What the law says is, a hardship means you can't use the property as it is zoned without the variance. Without the variance and, unfortunately, in the City ofMiami, one of my pet peeves about your Zoning Code, in the R-4 -- you have a pyramid Zoning Code in the City of Miami, and it basically says that in an R-4 district, you can use -- you have permitted uses that range from one family buildings to two-family buildings to multiple family buildings. That's the City ofMiami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 dilemma of your Code, and when the law says and the court say that when you ask for a variance, you can't use the property as it's zoned without a variance, the first thing the court's going to do is to look at the Zoning Code and say -- as Commissioner Winton said -- "What's allowed here? Are you being prohibited from building anything that is allowed in this district?" And the answer is, no. You can build many things. Whether it's the box that we're talking about or whether it's even a single-family house, you can do that without a variance and, therefore, you have the reasonable use of land, which is the definition in the courts, and Mr. Maxwell can tell you, there have been cases litigated --Maturo versus the City ofMiami, which is a favorite of the Third District, when they're talking about the application of these standards for variances, and the City ofMiami lost that case, and the fact is, you need to apply those standards, and those standards are spelled out in your Code in Section 1903, and it says you must find all those things . Now, your staff may recommend and they may say that it's our fault that we've required the liner. Well, I can tell you something. The liner requirement, unfortunately -- and I wish it was -- is not in your City Code. It may be in your Urban Design Guidelines, and maybe it should be in your City Code, but the last time I looked, I don't think that an administrative decision, based on whatever standards they may have, can create a hardship, and I think that is your legal dilemma here. I'd also like to talk about some of this, because there's been a lot of innuendo out here about my client, and I want to tell you, my client appeared at the Zoning Board meeting, and my client was opposed to this project, and we met with the developer and we met with the developer's attorney. My client made an agreement not to appeal this, not to fight it, and we even left the meeting, but what was interesting was, my client's issue, when he spoke with the developer, was about the bay walk. He said you only have a -- you have 13 feet along the bay. Why not move the building even further? Why not have a 20-foot setback? We were assured that there was no setback problem on the bay side. There was no problem at all, and for that reason, my client said, well, if there's no problem -- you know, if you can have that small setback, that 13 feet on the water side, then I'm not going to fight you because you are constrained. Well, guess what? The next day, I get a call from my client and he found a provision in the City Code that said, you need to have a 20-foot setback on the water side; 15- foot average. He said, I signed this agreement not to fight this because I thought that the law said he could build 10 feet away from that, because his interest was a bay walk. His interest was a 20-foot bay walk, and we were told, you can't have it. Only 10 feet is the required setback on the water side. Then he found it it was different, so we can have all the innuendo people like about my client. The fact is, the law is the law. It says, you must have a hardship, and that's the problem here. There is no hardship, and we've heard about the fact that these lots are very narrow, and you've -- it may -- you've issued a lot of variances for these small lots. Well, that tells me there's a problem in this City. Vice Chairman Sanchez: Well -- Mr. Gibbs: It's not a variance problem. It's a problem with the City Commission and the Planning Department not dealing with the issue. You all are allowing development -- you've got the SD-20 overlay on lots that are platted too small for development, and then developers are expected to develop them without variances? You need to deal with your Code. Don't sit there and give variances to every developer that comes down the pike that does not meet the standards . Change your Code. Deal with the issue. Deal with it up front. You've got a problem, then deal with it. Commissioner Winton: Well, we're going to change our Code, but that doesn't help today. Mr. Gibbs: Well, fine. Then, you know what -- and this is what leave you with -- change your Code -- deny the variance, meet with the developer, create new standards for these narrow lots, and let them come in under those standards, butl can tell you something. You all don't meet the standards. Vice Chairman Sanchez: All right. Is that it, sir? City ofMiami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Gibbs: That's it. Vice Chairman Sanchez: OK. Thank you. Counsel, rebuttal. Ms. Pardo: Yes. I find it very interesting that Mr. Gibbs can stand here and say he represents his clientMaysview, which is actually -- Maysville, excuse me -- which was the developer of the Platinum that got two sideyard setback variances granted, so for him to say you shouldn't be granting variances -- Mr. Gibbs: Excuse me. I'm going to object -- Mr. Chairman, I'm going to object -- Vice Chairman Sanchez: Tucker -- Mr. Gibbs: This is a quasi-judicial proceeding. Vice Chairman Sanchez: Yes, it is. Mr. Gibbs: This has absolutely nothing to do with the issue at hand. Vice Chairman Sanchez: Well, I believe -- Ms. Pardo: I didn't bring it up until -- Mr. Gibbs: I didn't bring the Platinum up either. Vice Chairman Sanchez: Hold on. Ms. Pardo: I didn't say -- Vice Chairman Sanchez: City Attorney. Mr. Gibbs: No relevance, whatsoever. Joel Maxwell (Deputy City Attorney): You've ruled, Mr. Chairman. Vice Chairman Sanchez: Well, I ruled. Let me tell you something -- Mr. Maxwell: You ruled that it was out of order. Vice Chairman Sanchez: It's out of order. Mr. Maxwell: You ruled that he was out of order. Vice Chairman Sanchez: Go ahead. Ms. Pardo: Mr. Gibbs was stating that nobody should come before this Commission and ask for variances, when there are many situations where variances should be granted. In this particular instance, you do have a lot depth issue, which is a hardship for the granting of the variance, as well as other projects, and the one that his client represents, Platinum, which also requested and obtained variances on sideyard setbacks. Mr. Maxwell: Mr. Chairman. Vice Chairman Sanchez: Yes. City ofMiami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Maxwell: To the extent that -- it's not relevant at all about properties that -- other properties that might have been granted a variance. To that extent, Mr. Gibbs is correct. That's not relevant to these proceedings. Vice Chairman Sanchez: Counsel, you've heard the attorney. It's irrelevant to the case, so you have any other rebuttal? Ms. Pardo: No. We would just request that you grant this variance. We believe that a hardship does exist; we've justified it, and it also produces for a much better project with the fact that you will have a bay walk open to the public; you will have a lower parking podium, which is better for the entire neighborhood, and a building which is a more modest building for the neighborhood. Vice Chairman Sanchez: OK. Ms. Pardo: We request your approval. Vice Chairman Sanchez: All right. District Commissioner. Commissioner Winton: I don't know if Tucker's definition of hardship is accurate or not, but Mr . City Attorney, are we allowed -- by our Code -- in your reading of our Code, is the description that staff has given us, stating that this is a hardship, in your legal opinion, is it a hardship? Can we accept it as a hardship? Mr. Maxwell: I believe you can. Commissioner Winton: OK, fine, because I was hoping we could because whether I like setbacks or not, what I don't like is the alternative project, so I wouldn't want and I would fight like crazy just this big tall podium of parking garage that faces everybody. I mean, that makes zero sense at all, so I have two more questions. One is kind of a repeat of -- I want to focus again on that front -- because I want to hear something from the developer, and I want to understand how we're going to deal with that, number one. Number two, what is the issue here with the bay walk? Code -- Ms. Slazyk: Our Code does not require a bay walk at this location. Commissioner Winton: We're just -- we are, though, from a planning standpoint, requiring all the developers -- strongly encouraging all the developers from 36th Street south to where our Code kicks in to be good neighbors and create bay walks; is that not correct? Ms. Slazyk: Yes, and that's why, through the Design Review, the units ended up on that side. Commissioner Winton: OK, OK. Now, on the front of the street, as it relates to the treatment there, I think that looks very much like a parking podium, and I suspect that once you kind of see the reality of the dark gray area there, whatever that treatment is, that when you're walking along the street, it's going to look exactly like a parking garage, so -- and I don't think that's what we want, so I need some -- either y'all proffer something or staff help me here. We need -- and I suspect that the developer's -- Vice Chairman Sanchez: Covenant? Commissioner Winton: -- going to want to do it. We need to do something different there. Ms. Slazyk: We can do conditions on this. With a variance, you can attach conditions. Now, City ofMiami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 because this one requires a Class II Special Permit, you could grant the variance, but not per plans on file for this particular elevation, and instruct them to come up with treatment for it that actually blocks the views of the cars, whether it be -- Commissioner Winton: Is that satisfactory to the Planning Department? Ms. Slazyk: -- louvers, or windows or something like that. Right. Ms. Pardo: And we'll do that with our Class II application. Commissioner Winton: So you're proffering now? Ms. Pardo: Yes. Commissioner Winton: Thank you. Ms. Pardo: Absolutely. Commissioner Winton: Thank you. Then so move -- Vice Chairman Sanchez: I'm sorry, did you proffer that? Ms. Pardo: Yes, I did. Vice Chairman Sanchez: OK. Ms. Slazyk: But, in any case, on a variance, you can do conditions. You don't have to wait for them to proffer. Commissioner Winton: OK. Vice Chairman Sanchez: OK. Ms. Slazyk: You can say, approval with the condition that the elevation on the street be modified, not approved per plans on file and, through the Class II, that it be masked. Commissioner Winton: Great. Perfect. Ms. Slazyk: Those words. Commissioner Winton: That's my motion. Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Mr. Maxwell: So this would be a motion to reverse the decision of the Zoning Board and grant the variance with the conditions on the record? Commissioner Winton: Is that correct? Is that what we're doing? Vice Chairman Sanchez: As stated, yes. Commissioner Winton: Apparently, yes. City ofMiami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: I second it. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Opposers have the same right. Ms. Pardo: Thank you. Vice Chairman Sanchez: All right. Chairman Teele: You all turned this into a federal case. Vice Chairman Sanchez: Everything's a federal case today. Commissioner Regalado: PZ.7. Ms. Slazyk: No. That was the last federal case, I think. PZ.7 04-00183 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE 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. 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 City ofMiami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 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 Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12523 (See PZ.8 for minutes.) PZ.8 04-00183a ORDINANCE Second 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 City ofMiami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 APPLICANT(S) AGENT: Ben Fernandez, Esquire FI NDINGS: 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. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12524 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 and 8 are second reading, land use and zoning change items. You've already heard this item on first reading. It was granted. The Planning and Zoning Department had initially -- had recommended denial. The applicant had proffered a covenant at first reading, which was received by the Planning and Zoning Department and the Law Department, and was accepted. Therefore, PZ.7, land use change, 5100 Northwest 7th Street, from high density multifamily residential to restricted commercial, and just to refresh your memory, this was the gas station. It's an existing, legal, nonconforming gas station at the property. In order for them to expand and make the improvements, they need this change. Joel Maxwell (Deputy City Attorney): Mr. Chairman, just one point of correction. The covenant -- we reviewed the covenant. We did suggest two changes. I believe, Mr. -- Ben Fernandez: Yes. Mr. Maxwell: Counsel is going to read that into the record. He accepts those changes in the covenant. Mr. Fernandez: Yes, I will. Both changes involve Section 5, the amendment and modification provision of the covenant. They require that the modification or amendment of the covenant only be by the City Commission; and secondly, that any release of the covenant be in a form that is acceptable to the City Attorney. Priscilla A. Thompson (City Clerk): I'm sorry. We need your name for the record, please, sir. Mr. Fernandez: I'm sorry. Ben Fernandez, with law offices at 200 South Biscayne Boulevard. Ms. Slazyk: And just for clarification, the covenant actually goes with PZ.8, not 7. Seven is the land use change. Commissioner Gonzalez: Mr. Chairman, I move PZ.7. Commissioner Winton: Second. Chairman Teele: Moved and second. Commissioner Winton: Public hearing. City ofMiami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Is there objection? Commissioner Gonzalez: I think it's a public hearing, isn't it? Chairman Teele: All right. Commissioner Gonzalez: It's a public hearing? Chairman Teele: Good point. This is a public hearing. Is there anyone here in opposition that would like to be heard? There are no persons coming forward. Moved by Commissioner Gonzalez, seconded by Commissioner Regalado. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. (COMMENTS MADE DURING ROLL CALL) Commissioner Winton: What is the economic analysis to this thing? Yes. Vice Chairman Sanchez: Hey, I just thought about -- Commissioner Gonzalez: What is the economic study of it? Commissioner Winton: Yeah. (COMMENTS MADE FOLLOWING ROLL CALL) Ms. Thompson: The ordinance is adopted on second reading, 5/0. Mr. Fernandez: Thank you very much. Ms. Slazyk: PZ.8 is the companion. This is the one where the covenant would be accepted. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Mr. Attorney. Commissioner Gonzalez: Move PZ.8. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Motion by Commissioner -- Commissioner Gonzalez: Gonzalez. Move it. Vice Chairman Sanchez: Second by Commissioner Sanchez. Chairman Teele: Madam Clerk. Vice Chairman Sanchez: Vice Chairman. Ms. Thompson: Roll call. City ofMiami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 5/0. Ben Fernandez: Thank you. Chairman Teele: Good job, counsel. PZ.9 04-00184 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 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. City ofMiami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12525 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 10 and 11 is a second reading -- Vice Chairman Sanchez: Keep up the good work. Joel Maxwell (Deputy City Attorney): Wait a minute. What about 9? Ms. Slazyk: -- second reading, recommended for approval by the Planning and Zoning Department; approved by the City Commission, first reading, March 25th. We recommend approval. Mr. Maxwell: Is this 9? This is 9 and 10 you're speaking of now; is it not? You said 10 and 11. You mean -- Ms. Slazyk: I'm sorry, you're right, 9 and 10. I jumped ahead. 9 and 10. This is for the properties at 550 to 570 Southwest 7th Street, medium density multifamily residential to restricted commercial. Chairman Teele: Mr. Attorney, read it into the record. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Is there anyone here in opposition? There anyone here in support? Yes, ma'am, you're recognized. Elena Maslova: Good night, ladies and gentlemen. My name is Elena Maslova, 2223 Northeast 7th Street, Fort Lauderdale. I represent Gucci Corporation here. I'm registered at the ( UNINTELLIGIBLE) City ofMiami, and we've been talking about this property that, hopefully, when all gets rezoned, it will encourage developers to get better projects in future -- improve the area. For sure, it is not the best neighborhood right now. Chairman Teele: Thank you for coming down. Hope you'll spend more time down here with us. All right. Public hearing is closed. Southwest 7th. Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Chairman Teele: Discussion. Objection. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call A roll was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Teele: All right. Vice Chairman Sanchez: Congratulations. Chairman Teele: Hold on. Hold on, ma'am. City ofMiami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 PZ.10 04-00184a 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 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 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 Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele City ofMiami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 12526 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10 is a companion, recommended also for approval. Chairman Teele: All right. It's a public hearing. Any person would like to be heard in opposition should come forth at this time. Ma'am, you're recognized. Give us your name and address again for the record. Elena Maslova: Elena Maslova, 2223 Northeast 7th Street, Fort Lauderdale. Vice Chairman Sanchez: And just say thank you. Say thank you. Ms. Maslova: Thank you. Vice Chairman Sanchez: OK. Chairman Teele: Yeah. Vice Chairman Sanchez: You're welcome. Ms. Maslova: Very much. Chairman Teele: Public hearing -- Vice Chairman Sanchez: So moved. Chairman Teele: Public hearing's closed. Commissioner Gonzalez: Second. Chairman Teele: Mr. Attorney, read into the record. The Ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Teele: Now, does the Fort Lauderdale City Commission treat you this good? Vice Chairman Sanchez: No, no. Commissioner Winton: No. Fort Lauderdale City Commission turns down everything. Chairman Teele: OK. PZ.11 04-00179 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, IN ORDER City ofMiami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 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. 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 Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12527 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.11 is a second reading amendment to the Zoning Ordinance, in order to allow covenant in lieu of Unity of Title agreements in the R- 3 zoning district. It was approved on first reading March 25th and recommended for approval. Chairman Teele: Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Gonzalez: Move PZ.11. Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Teele: All right. Is there anyone here that would like to be heard in opposition to PZ. 11 ? If not, the public hearing is closed. 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, 5/0. City ofMiami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 PZ.12 04-00197 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4, 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 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 Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12528 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.12 is a second reading ordinance. This is the one that modifies the bonus provisions in the SD-5 and 7 zoning districts and the other portions of Brickell Avenue, between 15th Road and 26th Road, in order to eliminate and modify criteria for bonuses. It's been recommended for approval, and this is second reading. Chairman Teele: Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: I need to ask a question. Lourdes, did this eliminate the -- what was it? -- the -- if I'm -- ifI have a park across the street or -- the 70 footjazz? Ms. Slazyk: The gross spot area, no. That's a citywide issue. What this did was get rid of -- there are a bunch of bonuses in the Brickell area, like bonus for underground parking and some Commissioner Winton: That are specifically Brickell area? Ms. Slazyk: They're the 5 and 7, but then it changed criteria. To get PUD (Planned Use Development) and affordable housing in these areas, we've changed the criteria to get more -- to get bigger units and public benefit, but the citywide gross lot area is not addressed here. Commissioner Winton: OK. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Mr. Attorney, you've read it? Joel Maxwell (Deputy City Attorney): I've read it. Commissioner Gonzalez: You need a motion. Chairman Teele: Is there a motion? Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection or discussion? Commissioner Winton: Thank you. Chairman Teele: If not, then 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, 5/0. Chairman Teele: All right. PZ.13 03-0295 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO " City ofMiami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 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 Gonzalez, and was passed unanimously, to CONTINUE item PZ. 13 to the Commission meeting currently scheduled for May 27, 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 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 City ofMiami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 "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 Gonzalez, and was passed unanimously, to CONTINUE item PZ. 14 to the Commission meeting currently scheduled for May 27, 2004. Chairman Teele: OK. Now, Commissioner Gonzalez, there was a Zoning item that you wanted to take up early on. Commissioner Gonzalez: Yes, Mr. Chairman. It's PZ (Planning and Zoning) -- Chairman Teele: But let's just look. In the order of the day, is there anything else that we're supposed to be doing right now? The moratorium is at 4 o'clock, so what we'd like is that everybody that's here for the zoning, would you -- that intends to speak, would you please stand, raise your right hand and be sworn by the -- Priscilla A. Thompson (City Clerk): We have people outside, as well. Chairman Teele: What item? What are the two items that -- City ofMiami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: PZ. 17 and 18. Chairman Teele: Huh? Commissioner Gonzalez: 17 and 18. Chairman Teele: All right. PZ.17 and what? Commissioner Gonzalez: And 18. Chairman Teele: 17 and 18 will be the first ones up. Ms. Thompson: Ladies and gentlemen, if you are here and you plan on speaking or testifying on any PZ item -- if you plan on speaking or testifying on any PZ item, I need you to please stand and raise your right hand so we can swear you in. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish and Creole). Chairman Teele: All right. Commissioner -- are there any requests for deferrals, withdrawals on the PZ agenda? Commissioner Winton: On the -- this is a 4 o'clock item, but on the -- I forget which it is -- on the 40-foot height moratorium on Biscayne Boulevard, I met with staff and I'm going to -- Chairman Teele: You shouldn't take that up until -- you should discuss that at 4 if it's all right. Commissioner Winton: OK. OK. Chairman Teele: So nobody's -- you know. Commissioner Winton: That's what I was going to -- I was wondering if that's what we should do. Gloria Velazquez: Mr. Chairman, good afternoon. My name is Gloria Velazquez with law offices at 1221 Brickell Avenue. I was here last time on Items -- PZ Items 13 and 14 on Oak Park, and we requested a continuance. We have not completed our task of meeting with the community groups or neighbors, and at this time, I'd ask that we be allowed another continuance until the next PZ meeting, which is May 27th. Chairman Teele: Is there anyone here on PZ.13 and 14? Ms. Velazquez: 13 and 14. Chairman Teele: All right. Counsel, how do you feel? You need to put it on the record, please. Tucker Gibbs: My name is Tucker Gibbs. I represent Pierre Saenz, who lives on Matilda Street, who is a neighbor, and we are talking with the developers on this. Chairman Teele: You have no objection to the deferral? Mr. Gibbs: And we have no objection. Chairman Teele: Anyone else here on 13 or 14? If not -- City ofMiami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: Move, continuance. Chairman Teele: Move a continuance to the -- Commissioner Gonzalez: Second. Chairman Teele: -- next regular Zoning meeting, which will be the second -- Ms. Velazquez: May 27th. Commissioner Winton: We don't know when it'll be yet. Chairman Teele: -- May -- whatever date it's going to be -- Ms. Velazquez: Yes. Chairman Teele: -- for Items PZ.13 and 14 by Commissioner Winton, second by Commissioner Gonzalez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. That's PZ.13 and 14 deferred. Ms. Velazquez: Thank you. 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 City ofMiami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 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 04-00182a. PURPOSE: This will allow a commercial development site. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: Madam Director. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ.15 and 16 are the next items. These are companion land use and zoning change items for 719 Northwest 13th Avenue. This is a request to change it from high density multifamily residential to restricted commercial. The property has an existing, legal, nonconforming use on it, and the change would bring it into conformity. Even though it's an existing, legal, nonconforming use, we've recommended denial for the change because it is not a logical extension of the zoning and land use category. It breaks the line. However, the Planning Advisory Board did recommend approval to the City Commission because of the legal nonconforming characteristic of it, and the Zoning Board recommendation was for denial by a vote of 5/4. That's it. Chad Williard: It's your district. Good evening, Mr. Chair, members of the Commission. For the record, my name is Chad Williard. I'm an attorney with offices at 999 Ponce de Leon Boulevard, and I'm here tonight on behalf of the applicant, Alonso and Alonso Enterprises, and joining me tonight are Drs. Leonardo andMagalyAlonso, who are the property owners. This was -- and Lourdes went into a little bit of the detail. Staff obviously is recommending denial of the application, again, because, technically, we don't meet the requirements that they need to see in order to support an extension of the line on their zoning atlas maps. However, when you look at this area, to say that this is breaking the line in a residential area, that's really not a true characterization of what's going on in this area. If you look at the map that I've displayed here, to the west of the subject property, it is residential, but it's extremely high density residential. It's Miami -Dade County Housing Authorities, Claude Pepper Towers to the north. There are some older apartments as you go towards the river, but you quickly get in, as you go north towards the Miami River, into areas with industrial and other marine serving uses, and immediately south of the property, which is, I think, one of the most relevant points, the property -- the south property is zoned C-1. It's currently improved with a coin laundry slash package store -- convenience store, so to say that this the really a pristine residential area that we're proposing to break with our C-1 zoning is not really an accurate depiction. In fact, within our C-1 request, it's really not nearly that broad. All we're asking for -- and we've proffered a covenant, and I'm not sure if the Law Department's had a chance to review it yet, but we have proffered -- voluntarily proffered a covenant limiting the C-1 uses to just office uses, because that's all the Alonsos bought the property for. That's all they care about, is being able to continue with their psychiatry practice. They have been in Miami -- and they'll speak in a few minutes -- been in Miami for many years City ofMiami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 practicing psychiatry, and they purchased this property with every intention of just moving into there and establishing their office use to continue the practice. In fact, they had good reason to believe that they could do just that, because if you go back and look at what this property's been used as for the last 20 years, it was an office use. It was a law office. Somehow, there was a CO (Certificate of Occupancy) granted to the property, even though it is zoned R-4, for law office use; continued that way, as best we could tell, up and until the Alonsos purchased the property. The grandfather status was lost at that point, when they went into -- they actually -- the way they found out about it, they had already purchased the property; were going in to pull some permits to do some minor renovations to the existing building and it was, at that point, that this was flagged by the Zoning Department, and they were told that while there may have been an office use there in the past, that it was not legally established in the sense that the underlying zoning was R-4, so if they wanted to continue the office use, they would need to come in and go through this process. That's the only reason we're here today. Vice Chairman Sanchez: I have a couple -- just a couple of questions for you. Mr. Willard: OK. Vice Chairman Sanchez: State the covenants that you have -- that you're willing to proffer. Mr. Willard: We will -- in the covenant of the -- because we're requesting a C-1 rezoning. That's the second item. Vice Chairman Sanchez: You will not expand? Mr. Willard: No, we'll not expand -- will not expand the building. I don't believe they need to expand the building. Vice Chairman Sanchez: OK. Mr. Willard: And they will limit the uses to office use. Vice Chairman Sanchez: Office use. Mr. Willard: So, it's C-1 zoning, yes, but really it's -- the restrictions will be such that it can only be used as an office -- Ms. Slazyk: Right. Mr. Willard: -- which it's been basically -- Ms. Slazyk: You can't ask for office -- Mr. Willard: -- for the last 20 years. Ms. Slazyk: -- because you're contiguous to the C-1, which allows office. Mr. Willard: Right. Vice Chairman Sanchez: Right. Mr. Willard: It's very -- Vice Chairman Sanchez: Right. City ofMiami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Willard: -- small fold, but we fit into doing it the way that we're here requesting tonight, so - - but, yes, that's accurate. We'll proffer those restrictions, and also, if you look at its current zoning, R-4, for a property of this size, is not -- again, there's been a lot of discussion tonight about the restrictions of your current Code, and what makes sense for certain properties of certain sizes. This is a very small piece of property. It's 50 by approximately 110, so it's R-4 zoning classification. It's not really conducive to the high density zoning that this property would otherwise permit. To actually develop it in that manner, they would probably have to come back before you requesting the kind of variances that you've expressed an unwillingness to continue to grant, but we don't want to do that, but that's what we'd be forced to do with the current zoning being maintained. As I mentioned, it abuts a fairly intensive commercial use to the south, which, in and of itself, abuts 7th Street, and as far as compatibility, this has been an office use for basically the last 20 years. It's compatible with the surrounding area, and would actually make a nice transition if you do want to preserve some of the residential to the north and to the northwest. This office use is a nice buffer between the gas station, package store that's there to the south, and the residential to the north, so for all those reasons, I would respectfully request that you recommend -- that you approve, on first reading, Items PZ.15 and 16. Vice Chairman Sanchez: Are the Alonsos here? Would they like to speak in? Mr. Willard: Yes, they would. I believe they would like to say a few words. Dr. Leonardo Alonso: Commissioners, thank you for your time. I'm Dr. Leonardo Alonso. I'm here with my wife. We both own this office. My wife and I have worked in the Civic Center area hospitals, between Jackson Memorial and Cedars, for the past 12 years. In fact, most of our patients live in this neighborhood. We made a significant financial investment when we bought this office, thinking that it was just that, a commercial building, because for 12 years, I passed by there and that's exactly what it was. It was a huge sign in the front that says "office building." They had an occupational license; they had a Certificate of Use, and our goal is to move to this office, renovate it, put it up to Code, and I hope you can help us with this. Thank you. Vice Chairman Sanchez: All right. Dr. MagalyAlonso: Chairman and Commissioners -- Vice Chairman Sanchez: Could you please state your name for the record. Dr. Alonso: Oh, yes. I'm Dr. MagalyAlonso. Vice Chairman Sanchez: And your address. Dr. Alonso: 1330 Coral Way, Miami, Florida. Thank you for offering us this time. As my husband has stated, this has been a significant endeavor for us. We had hoped to be in our new office by this time this year, and unfortunately, we've had this delay. We think that we can improve the neighborhood significantly. We will definitely do whatever is necessary in terms of zoning and whatever is required by the City to -- Vice Chairman Sanchez: Thank you. Mr. Chairman, is there any opposition on this? Chairman Teele: I'm not aware. Is there anybody here in opposition? If not, public hearing is closed. Vice Chairman Sanchez: All right. Commissioner Winton: Here in opposition to anything? City ofMiami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: OK. Mr. Chairman, I have a motion to approve the land use change. Commissioner Gonzalez: Second. Chairman Teele: Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: All right. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. (COMMENTS MADE DURING ROLL CALL) Vice Chairman Sanchez: Yes. Doctor, after tonight, I'll probably be making an appointment with you, so I vote, yes. Unidentified Speaker: Me, too. Vice Chairman Sanchez: Huh? Commissioner Gonzalez: Ask for an appointment. Vice Chairman Sanchez: He's a psychiatrist. Commissioner Gonzalez: Psychiatrist. Vice Chairman Sanchez: After tonight, I need to see a shrink. Ms. Thompson: Chairman Teele? Commissioner Winton: I'm going with you. Commissioner Gonzalez: After today, we're going to need it. Ms. Thompson: Chairman Teele? Chairman Teele: Yes, ma'am. (COMMENTS MADE FOLLOWING ROLL CALL) Ms. Thompson: The ordinance has been passed on first reading, 5/0. Vice Chairman Sanchez: Congratulations, counsel. Congratulations, doctor. PZ.16 04-00182a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING City ofMiami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 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 Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.16 is the companion zoning change Chairman Teele: All right. Mr. Attorney. Joel Maxwell (Deputy City Attorney): "An ordinance of the Miami City Commission with attachments, deny" -- Vice Chairman Sanchez: Well, so moved. Commissioner Winton: Second. Commissioner Gonzalez: Second. Chad Willard: Subject to the proffered covenant, which we'll make sure is reviewed and accepted by the Law Department. Vice Chairman Sanchez: That's why they pay you the big bucks. Ms. Slazyk: Yeah, we'll have that prior to second reading. Commissioner Winton: And subject to the City Attorney being able to find the ordinance. Mr. Maxwell: This is 719 Northwest 13th Avenue, is it not? Mr. Willard: Yes. Mr. Maxwell: Yes. I think something maybe -- This is 719, 13th Avenue, is it -- Mr. Willard: That's correct. City ofMiami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Maxwell: -- Madam Assistant Director? Ms. Slazyk: You need my title? Mr. Maxwell: OK. "An ordinance of the Miami City Commission, with attachments, denying the requested amendment" -- Mr. Willard: It's been a long night. Unidentified Speaker: Uh-oh. Mr. Maxwell: This is wrong. Commissioner Winton: I think Joel needs to go visit now. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: All right. Chairman Teele: All right. Do we have a motion and a second? Priscilla A. Thompson (City Clerk): Yes, we do. Chairman Teele: 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, 5/0. Mr. Willard: Thank you. Chairman Teele: Congratulations. Commissioner Winton: You're quite welcomed. Commissioner Gonzalez: Good night. Congratulations. PZ.17 04-00211a 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 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "INDUSTRIAL" AND "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 04-00211a SR Fact Sheet.pdf 04-00211 a Analysis.PDF 04-00211a Land Use Map.pdf 04-00211, 04-00211 a & 04-00211 b Aerial Map.pdf 04-00211a PAB Reso.PDF 04-00211, 04-00211 a & 04-00211 b Miami Riv Recomm.pdf 04-00211 a Application & Supp Docs.PDF 04-00211a Legislation.PDF 04-00211, 04-00211 a & 04-00211 b Exhibit A.PDF 04-00211a FR Fact Sheet.pdf 04-00211 a - submittal.pdf 04-00211 a - submittal.pdf 04-00211 a - submittal 1 .pdf 04-00211 ab - submittal.pdf 04-00211 c - submittal.pdf 04-00211d - submittal.pdf 04-00211 a - submittal.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" and "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1818 and 1884 NW N River Drive APPLICANT(S): Balbino Investments, Inc, Contract Purchaser & River Marina, Inc, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Recommended denial to the City Commission on March 1, 2004 by a vote of 6-4. PLANNING ADVISORY BOARD: Recommended approval of a motion, which failed (due to failure to obtain the required five favorable votes), constituting a denial to City Commission on April 7, 2004 by a vote of 4-3. See companion File IDs 04-00211 and 04-00211b. PURPOSE: This will allow a unified commercial development site for the proposed Hurricane Cove Major Use Special Permit Project. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the Administration by Chairman Teele to take photographs of trees, boats and other scenes to provide an accurate, comprehensive picture of property located at 1818 and 1884 N. W. North River Drive. Direction to the Administration by Vice Chairman Sanchez to provide him with a list of marine City ofMiami Page 188 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 self storage/repair facilities in the City ofMiami. Direction to the City Manager by Commissioner Winton to review the Miami River area and to send a strong message to discourage indiscriminate land use changes along the river. (See PZ. 18 for minutes.) PZ.18 04-00211b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM SD-4 WATERFRONT INDUSTRIAL DISTRICT AND C-2 LIBERAL COMMERCIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00211 b SR Fact Sheet.pdf 04-00211 b Analysis.PDF 04-00211 & 04-00211 b Zoning Map.pdf 04-00211, 04-00211 a & 04-00211 b Aerial Map.pdf 04-00211 b School Brd Recomm.pdf 04-00211, 04-00211 a & 04-00211 b Miami Riv Recomm.pdf 04-00211 b ZB Reso.PDF 04-00211 b Application & Supp Docs.PDF 04-00211 b Legislation.PDF 04-00211, 04-00211 a & 04-00211 b Exhibit A.PDF 04-00211 b FR Fact Sheet.pdf 04-00211 b - submittal.pdf REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District and C-2 Liberal Commercial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1818 and 1884 NW N River Drive APPLICANT(S): Balbino Investments, Inc, Contract Purchaser & River Marina, Inc, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Recommended denial to the City Commission on March 1, 2004 by a vote of 6-4. City ofMiami Page 189 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 ZONING BOARD: Recommended approval to City Commission on March 22, 2004 by a vote of 7-2. See companion File IDs 04-00211 and 04-00211 a. PURPOSE: This will allow a unified commercial development site for the proposed Hurricane Cove Major Use Special Permit Project. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the City Manager by Commissioner Gonzalez to schedule the second reading of PZ. 18 at 5 p.m. at the meeting currently scheduled for June 24, 2004. Chairman Teele: All right. At the request of Commissioner Gonzalez, we're going to take up PZ. 17 and 18. Yes? Tucker Gibbs: My name is Tucker Gibbs with offices at 215 Grand Avenue. I represent the Durham Park Homeowners Association, who are objectors in this matter. We saw it was PZ's ( Planning and Zonings), in the late PZ's and after the Kubik, and so most of my clients aren't even here. I'd ask respectfully if this could be heard when it's supposed to be heard. We'll be happy to, you know, wait if we have to. I think they should be here by 5. Chairman Teele: Well, let me just say this: Madam Clerk, what time was this item noticed for? Mr. Gibbs: It was noticed for after 3 o'clock. Commissioner Gonzalez: It's after 3. Mr. Gibbs: But it's PZ. 16 --17 and 18? 17 and 18. If you look at the agenda and you see what's in front of it -- Chairman Teele: All right. Yeah, but counsel, it's going to be up to Commissioner Gonzalez, but Mr. Gibbs: I understand. Chairman Teele: -- but as a matter of right and a matter of law no attorney -- Mr. Gibbs: I understand that. Chairman Teele: -- should ever look at the agenda and say, well, let's just -- Mr. Gibbs: I'm not saying that. Chairman Teele: The notice was at 3 o'clock. Mr. Gibbs: I'm talking about my clients, who are not attorneys, who are working people, who looked at the agenda. That's all I'm talking about. Chairman Teele: It's up to Commissioner Gonzalez. Mr. Gibbs: I understand that. City ofMiami Page 190 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Commissioner, if you want to proceed -- Commissioner Gonzalez: Mr. Chairman, the reason that I asked this meeting -- this item to be heard earlier is because I have to be absent later on tonight, and the first thing that I asked was if there was any time certain in this item. I was told no, after 3 o'clock, any time after 3 o'clock. You know, if you look at the agenda, because of the number of the agenda, we constantly move items back and forth, according to the needs, so I want this item to be heard now. The opposition thatHr. Tucker Gibbs is talking about is reflected here in this letter, so the opposition is on record with this letter here, so, you know, I mean -- Chairman Teele: PZ.17. Lourdes Slazyk (Assistant Director, Planning & Zoning): For the record, Lourdes Slazyk, Planning and Zoning Department. PZ.17 and 18 are companion land use and zoning amendments. The property is at 1818 and 1884 Northwest North River Drive. The request is to change the land use on PZ.17 form indusfrial and general commercial to resfricted commercial; and PZ.18, which is the companion zoning item is to change the zoning from SD-4 waterfront industrial and C-2 liberal commercial to C-1 restricted commercial. These items are components of a major use special permit which is not in your agenda tonight, because this -- the land use and zoning change items need two readings, and the major use special permit only needs one review, so that is not before you tonight. What's before you tonight is the land use and zoning change. Planning and Zoning Department has recommended approval. The Planning Advisory Board recommend -- made a motion to approve the land use change, but it failed because it failed to receive the five affirmative votes required for a comprehensive plan amendment. Therefore, it constitutes technically a recommendation of denial. On the companion zoning change, which is PZ.18, the Zoning Board recommended approval by a vote of seven to two. The Planning and Zoning Department contends that this is consistent with the comprehensive plan. It is encouraging the development of this area, and we would recommend approval. It's consistent with our urban infill policies, and we would recommend approval. Chairman Teele: All right. Now, let me advise -- what is before us right now, Mr. Attorney? Madam Attorney, we're going to keep this very narrow on the issue that is before us. We don't want to get into the drawings, and the pictures and the design, because that's not before us today Joel Maxwell (Deputy City Attorney): You have first reading on a comprehensive plan change, and the companion item is first reading on zoning change. You do not have before you today the application for the major use special permit, only a comp. plan -- Chairman Teele: Counsel, are you aware of that? We do not have before us the MUSP (major use special permit). Lucia Dougherty: No, I know that. Chairman Teele: OK. Well, I see MUSP stuff. Ms. Dougherty: No, you don't. Chairman Teele: All right. Ms. Dougherty: I don't think. Good evening, Mr. Chairman, members of the board. Lucia Dougherty with offices at 1221 Brickell Avenue. I am here today on behalf of the owners and the applicant. Tony Acosta is a principal, and he's already closed on this property as of about two weeks ago. This request is to down zone the property from waterfront indusfrial to restricted commercial, and to change the comp. plan designation to resfricted commercial. Currently, City ofMiami Page 191 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 there is a -- there was, because there is not now -- a self-service boatyard, which is the least intensive waterfront district that there can be. That water -- that self-service boatyard doesn't exist anymore, because, frankly, the person who owned the self-service boatyard could not make enough money with the self-service boatyard to even pay the taxes. The taxes are raising. Unlike residential property, there is no cap on taxes for commercial property. Zoning currently permits -- the zoning designation which we're going to request permits residential to an R-4 capacity. This is 150 units per acre. It is not the most intensive residential zoning in the City. Downtown is 1,000 units per acre. On the Omni, in West Brickell and in other places in the City, it's actually 300 or 500 units per acre, and again, this is the same residential zoning that you see literally all over the City ofMiami. The current zoning is totally incompatible with what is happening on the river in the middle river. It is -- I'm just going to look at the zoning map right here. Can you help me? Dave Salazar and Ed Yorka are the architects with Maurice Salazar and Associates. The zoning map, everything that you see in yellow is exactly the same zoning that we're requesting in terms of height, in terms of FAR (floor/area ratio), not in terms of units per acre, because everything west of here or east of here is actually 500 units per acre. We are requesting 150 units per acre, which is identical to that which is directly across the river. This is R-4. We're requesting an R-4. Directly behind this zoning map -- and I want to bring it up here -- directly behind the site is a C-2 designation, so you have an R-2; a C-2, which is ten stories or 120 feet;; and then again you have the R-4 designation, which is along the river and directly across the river from an R-4 designation over here. This is R-3, yes. This is Unity Hall, which is a major residential complex, I guess affordable housing complex, I would guess. Now, what would be allowed if we kept it waterfront industrial, assuming that you're not going to have a boatyard anymore? Container yards, fish canneries, all kind of noxious waterfront uses or waterfront industrial uses, which are totally incompatible with the residential that's directly across the river and right adjacent to our property, and this waterfront indusfrial currently allows you to have exactly the same size building that we're requesting. The only difference is you have to keep it at ten stories instead of making a much more beautiful building. You would not have a river walk. You would not have a greenway. You would not have public access to the river. You would have lining on all the garages. You wouldn't have a view corridor from 19th Street that goes directly to the water. You could literally have a ten -story building lining the waterfront, straight up against the river banks and totally noxious and offensive indusfrial uses. It's located in Allapattah, this property. The City is striving for economic development, and I passed out a article from The Miami Herald that talks about the City, in concert with the University ofMiami, are trying to have a comprehensive plan and a redevelopment plan for the Civic Center, and it says few workers live in the area and few area residents, including the neighborhoods with high unemployment centers work in the Civic Center, the study found. There is literally no place for people who are nurses, orderlies, people who work in the hospitals or the Civic Center to live. They have to live in Pembroke Pines. This is an affordable project, and what I mean by that, they're starting at a hundred and sixty-seven thousand dollars. This is not a high end kind of project that you've seen in other places, but it's affordable to those kinds of people -- the nurses, the doctor -- the nurses, the teachers and those kinds of people who live in and work around the Civic Center, and you know what? This Miami Herald article did exactly what our marketing people said. There is a need for this kind of housing in and around the Civic Center. Again, the zoning and the comprehensive plan are compatible with what's directly across the street. There is a project approved direct -- excuse me -- directly across the river, the Terrazzo's, which is at 27 stories, exactly the same height as this which we're requesting. The Royal Atlantic, which you approved at your last Commission meeting is -- loth Avenue -- is likewise the same size, 350 feet -- the project is literally 350 feet from the nearest home. The River Commission recommended denial of the project. Commissioner Gonzalez: Excuse me. That's -- Ms. Dougherty: Yes. Excuse me? Commissioner Gonzalez: -- to the nearest home across the river, right? City ofMiami Page 192 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Dougherty: Correct. Commissioner Gonzalez: That's from one border of the river to the -- Ms. Dougherty: The nearest single-family house across the river is 350 feet away. Commissioner Gonzalez: OK Ms. Dougherty: The River Commission recommended denial of the project, and they recommended denial, I believe, because they thought it was too much density, and they think that you shouldn't take away the maritime uses on the river. That's -- I can only guess that those were the two issues, but it's not the most dense. Again, as I mentioned to you, the denser ones are just to the east, where you can have 500 units per acre. This is 150 units per acre. Commissioner Gonzalez: But Ms. Dougherty -- Ms. Dougherty: Yes, sir. Commissioner Gonzalez: -- I have a concern with the remark that you just made that the River Committee is against the project. I read -- I read my agenda book, and I went through this item, page by page. I read the minutes of the meetings, and according to the backup documents that I have here, this project, this same project was approved by the River Committee in one occasion, wasn't it? Ms. Dougherty: I went to the River Commission or its committees five different times, and one time -- the first time, they referred me to have a community meeting, which we did have. We went to the River Commission when I had four buildings, as opposed to three, and at that time -- there may be a dispute as to what occurred -- I believe they approved the project subject to reducing the number of units and bringing the river walk closer to the river, which we did. We went -- Commissioner Gonzalez: That was the request of Commissioner Bruno Barreiro. Ms. Dougherty: Correct. We did that. We went back to the River Commission at a vote of six to two -- six to four, they voted to recommend denial of the project, but we do comply with the River Commission. We comply with the Miami River GreenwayAction Plan. We are in keeping with the improving on the marine -related uses; that is, we are keeping the marina and we're improving the marina. We're consfructing a public boardwalk. We're consfructing a greenway along the roadway. We're continuing to have view corridors from the roadway to the river. We're also putting a seafood restaurant on the river, which currently does not exist, and we are lining the residential garage, so you don't see the garage in any of the buildings from the water or from the road. In terms of economic development, this project will bring one million, seven hundred and seventy-seven thousand dollars into the Affordable Housing Trust Fund; three million, three hundred and eighty-one thousand to impact fees; two million, five hundred and thirty dollars -- five hundred and thirty thousand dollars in non -impact fees; and three million, nine hundred thousand dollars in annual taxes to the City ofMiami. We have our transportation engineer and traffic engineer here today, who says -- who will testify that this project complies with the Miami Comprehensive Plan, and that it does not exceed the levels of service permitted in the comprehensive plan. He will also testify and has a report that basically will tell you that built to its maximum capacity in the current zoning and comprehensive plan designation, you could have a lot worse impacts in terms of traffic. Staff recommendation is for approval. The Urban Development Review Board approved this project. The HEP (Historical and Environmental Preservation) Board approved the project. The zoning was recommended by the Zoning Board. The PAB (Planning Advisory Board) voted four to three in favor, although that City ofMiami Page 193 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 constitutes a denial, because you couldn't -- because you need five votes. In terms of the support for this project, I believe that you'll find that there is at least 83 cards in support of the project for people who live within 500 feet of the project and there were only at the last count eight cards against the project. I do have the transportation engineer, and I will use him in rebuttal, if you don't mind, Mr. Chairman, and I'd like to know how you would like to handle our supporters . Would you like us to have them come first, during our presentation in chief? OK. Commissioner Winton: How many units are planned for -- Ms. Dougherty: I'm sorry, say again? Commissioner Winton: How many units did you say were planned for the site? Ms. Dougherty: Well, there are 1,024 units. We started with 1,174 units, so we've reduced the building by that many units and we've reduced the number of buildings from four to three. I'm being corrected by the architect. He says 1,073 units in three buildings. Chairman Teele: I don't want to -- see, what I'm frying to do is manage this date. We're not talking about units at all. Now, that's under the MUSP -- Commissioner Winton: I was just curious. Chairman Teele: -- I think. Commissioner Winton: I agree. Chairman Teele: And what don't want, Lucia, is I don't want people to start talking about the housing and all of that. We're talking now about what, Mr. Attorney? Mr. Maxwell: Whether or not the comprehensive plan should be amended and whether or not the zoning atlas should be amended, and you look at the total realm of uses that the property can be put to under the requested designations for both, and it's not the major use special permit. Chairman Teele: So give me an example of some of the total uses that may not -- may or may not be contemplated. Ms. Dougherty: The uses that are going to be -- Chairman Teele: No, no, no. Ms. Dougherty: Oh, OK. Chairman Teele: Mr. Attorney or Madam Director. Mr. Maxwell: Thank you. Ms. Slazyk: I have the list of uses here in the comp. plan. Under the existing designation of industrial -- Chairman Teele: No. Under the proposed -- under what's before us now, moving from industrial to the proposed. Ms. Slazyk: To restricted commercial. Mr. Maxwell: Restricted commercial. City ofMiami Page 194 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Slazyk: OK. Restricted commercial allows residential uses except rescue missions to a maximum density equivalent to high density multi family residential, subject to the same conditions, any activity included in the office designation, as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto and often located along arterial or collector roadways, which include general retailing, personal and professional services, real estate, banking, other financial services, restaurants, saloons, cafes, general entertainment facilities, private clubs, recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, primary and secondary schools, and it also includes commercial marinas and living quarters on vessels, as permissible. Chairman Teele: That's what's before us now? Ms. Dougherty: That's what we're requesting, and would you mind reading the industrial? Ms. Slazyk: The areas designated as industrial allow manufacturing, assembly and storage activities. The industrial designation generally includes activities that would otherwise generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous waste or negative visual impacts unless properly controlled. Stockyards, rendering works, smelting and refining plants and other similar activities are excluded. Residential uses are not permitted in the industrial designation except for rescue missions and live-aboards in commercial marinas. Ms. Dougherty: Mr. Chairman, I would like to reserve time for rebuttal. Chairman Teele: All right. Are you going to put on any of your -- Ms. Dougherty: All of the folks who are here in support, yes, we'd be happy to. Chairman Teele: You going to put on some of them? But make sure they don't talk about the project. Ms. Dougherty: Correct. Chairman Teele: Make sure they talk about all of the things -- the banking, the financing, the nightclubs, all of the stuff that she just read. Malcolm Wiseheart: Mr. Chairman, gentlemen, my name is Malcolm Wiseheart, and my address is 2840 Southwest 3rdAvenue, Miami, Florida, and I'm here because my family owns a marina on Miami River. Nobody knows that. My name is Wiseheart, but it's known as Hardy, who was actually our tenant, Hardy's Boatyard at what was called 2100 Northwest North River Drive, and now we numbered 2000. We're the people who are most impacted by Mr. Acosta's development. We're immediately next door. We share a common property line of about two or three hundred feet, and if there were anything difficult, or obnoxious or noxious about Mr. Acosta's development, we would be the first one to complain, so what's the impact on us, the ones who are most impacted? Well, the fact that he's bringing in a thousand families, many of whom will have boats and marine interests. Others will develop such interests. Means that we want to continue operating our marina. The fact that the neighborhood goes condominium doesn't mean that we want to change our industrial zoning, which is industrial waterfront. We want to keep it. Indeed, because ofMr. Acosta's foresight and his courage, we're encouraged now to rehab the marina in a way that's far more extensive than we normally would. We now are in the position where we think we can put in much nicer docks and have a fair chance of recouping our investment and maybe making a little profit at the same time, so I don't think that there's in inconsistency between our industrial use and Mr. Acosta's planned use under a limited City ofMiami Page 195 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 commercial, which does permit the residential use that he seeks. This is a very environmentally favorable project, friendly project. It opens up that community to the public through the fact that you can see between the towers, and now, right now, when you pass the old Nuda Boatyard, and that's where he's building or wants to build, with your permission, you can see through the towers or will be able to see through the towers, plus the public is invited onto the riverfront boardwalk, plus there's a restaurant open to the public, plus there's 130 slips, which he is maintaining are also going to be, at least in part, open to the public, so we think this is a public friendly step forward, it's consistent with the cleanup of the river, which is designed to help navigation, but it's also designed to help the environment, and that's why so much of the cost is attributable to the removal and proper disposal of the toxic elements and the sludge, so we think that, sure, there are changes on the Miami River. There always have been, and changes for all of us is somewhat frightening, and I certainly understand that, but I think that everyone, whether you're involved in industrial or residential use on the Miami River will be benefited. If you pardon the expression, all boats will rise with this rising tide, and we think that on the Miami River, the history is people who are flexible and adaptable enough to accept change will prosper, and will prosper all the businesses on the Miami River. It's only those who can't accept the change and rise to the occasion that will feel somehow negative about the program without reasonably considering the benefits on their own business. East Coast Fishery closes one day, we're all sad about it, but Garcia's and Joe's opens a few days later. The self -storage, self -repair dry docks are going to be closed, which, honestly, probably is not, from an environmental point of view, that bad a thing. Many of those users were very responsible, but many were not, and you separated the control of the toxic elements, like paint, and turpentine, and mineral spirits and fiberglass from those who were in a chain of command between employer and employee. There was no discipline, so the temptation was overwhelming for some -- not all -- in fact, a very small number -- to just let the rest of whatever was in the can go into the Miami River, so there's an enormous social cost, environmental cost of that type of operation. I think that you won't see that anymore, because those costs are now being visited on the land owner by environmental regulation and by the fact that new buyers are always going to get a phase one and phase two environmental report, and the price is to be paid. The price is now being internalized. That's why you won't see the self-help marinas that allow you to do anything and not charge you very much, because they haven't accounted for the cost. The rest of us have been paying that cost. That operation, you won't see again. It's notMr. Acosta's fault. It's just simply the beneficial effect of strict environmental regulations. Everyone will be benefited unless we arbitrarily say no to a very environmentally friendly and people friendly project. I hope you don't do that. I strongly urge you to make the decision to help Allapattah and all of us on the river. Agustin Abalo: Good afternoon. Commissioner Winton: Mr. Chairman, would you like to just remind everyone of the two -minute rule? Mr. Abalo: I'm sorry? Priscilla A. Thompson (City Clerk): You -- Chairman Teele: No one has more than two minutes. Mr. Abalo: Oh, OK Hi. My name is Gus Abalo. I'm a resident, 1700 Northwest North River Drive, River Run Condominium, in Allapattah. I'm with -- if you guys can stand up, please -- I'm here with well over 30 residents ofAllapattah. All of them understand the scope of the project and the great benefit that it would bring to our neighborhood. We think that -- whereas today it's a marina, and tomorrow it could be a public access walkway, a better marina, better residents in our neighborhoods, better police protection. That's something that we would really look forward to, and I think that I'll agree. (Comments in Spanish) There you go, so for what it's worth, thank you. City ofMiami Page 196 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 (Applause) Mr. Abalo: And they're all from the neighborhood. I think we handed in earlier all their addresses so you know where they live. Secondly, I have with me a letter today. River Run Yacht Club Condominium Association, "To Whom ItMay Concern: Please be advised that the River Run Yacht Club Association Board of Directors support Mr. Tony Acosta and Balbino Investments in the proposed development of Hurricane Cove. The board of directors of River Run Yacht Club believes that the proposed residential development of Hurricane Cove will accomplish the following benefits to the community: microeconomic growth, increased real estate values, increased tax base, leading to new infrastructure support and beautification, and environmental enhancement of the middle river and downstream waterways. Signed Jeff Pearson, President of the Board of Directors." And I'll be brief. I have one more letter from the River Run Condominium Association. "To Whom ItMay Concern: Please be advised that the River Run Condominium Board of Directors support Mr. Tony Acosta and Balbino Investments in the proposed development of Hurricane Cove. The board of directors of River Run Condominium believes the proposed residential development of Hurricane Cove will accomplish the following benefits to the community: microeconomic growth, and an increased tax base, leading to new infrastructure support and beautification." I'd like to hand this to the Clerk. Thank you, and I'll finish with saying that between those two associations, we represent collectively 159 property owners in Allapattah. We're all strongly for it. Obviously, you're never going to have a situation whereby a hundred percent of the people are in favor of a project, but I'd say well in excess of 95 percent, 90 percent. Chairman Teele: All right. Mr. Abalo: Thank you so much for your time. Chairman Teele: You took five minutes. Mr. Abalo: Sure. Chairman Teele: Let me just remind everybody. We're not here discussing this project now, at all. We're here only on whether or not to change the land use. The project issue will come up, I would assume, at second reading? Mr. Maxwell: Yes, sir. Chairman Teele: And so, it won't be necessary for you to come back for second reading, although, I'm sure your lawyer will ask you to, but what I'm asking everybody is, let's don't talk about the project right now. Let's talk about the land use change because that's what's before us now. Mr. Abalo: OK, sir. I apologize. I -- Chairman Teele: No, no, no. You're fine. You did exactly what you came to do. All right. Thank you. Mr. Abalo: Thank you so much. Have a great afternoon. Chairman Teele: All right. Anyone else want to talk about the land use designation? Jennifer Alberry: Your Honor, I'm Jennifer Alberry. I also live at 1700 Northwest North River Drive, and I've been living in the river area for six years, both as a renter and as an owner, and I've been up and down the river in my dinghy and sailboat a million times, and I love the area. I City ofMiami Page 197 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 want to talk about the zoning change. As you know -- or as you may know -- there are already two substantial residential facilities directly to the east of the boatyard, and the boatyard has actually been fairly beloved, but the fact is that the boatyard will not continue there because it cannot financially sustain itself. There is also residences across the street on the same side of the river, as well as across the river, so there are residences basically surrounding the piece of property at issue, and we're also residences that are currently greatly underserved, in terms of having a place to take a walk in the evening, having a place to go and rent a movie, and having any of the personal services normally associated with residential areas, which is why I think you see so many people here today saying the land use change is appropriate. Compared to the use that may happen if it remains a commercial zoning, it could be a huge building, with noxious fumes pouring out as they're manufacturing -- essentially, any facility. I mean, this zoning is for things that are usually associated with hazardous waste, was one of the things mentioned, not to mention excessive noise and smoke, and because of the residences that are already there, that's an extremely undesirable alternative. On the other hand, having the change to residential -- having the walkway that creates a nice loop for everyone in the neighborhood to enjoy really makes a difference for improvingAllapattah and improving the City ofMiami, without creating any real negative effects, because there still will be do-it-yourself boatyards, and that particular one is not a necessity, so I want to speak very much in favor of the zoning change, and I thank you. Chairman Teele: Thank you very much. All right. Counsel, is that -- Oh, yes, sir. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I live in the neighborhood since 1965. That makes it almost 40 years. I'm not going to talk about the development, the project, how good it's going to be, the amount of apartments, the taxes to the City. No, the land use change. That's what I want (UNINTELLIGIBLE). That's the first step, and I see many of the people that are here that complain about -- they don't complain that they live across the river, but they never came here to complain about the land use change when they build a container yard on 20 -- on 2199 Northwest South River Drive. They never complained about that, and I did because I just came now from Dr. (UNINTELLIGIBLE), at 2101 Northwest 14th Street, and he told me he's a hundred percent for the land use change of the property across the river, and being that the first step, I -- like I say, I won't talk about that, and remember, boatyards now have gone the same way that we used to go and pick up a strawberry by the Miami Airport. Try to pick up some strawberries there by Miami Airport. There is nothing left, so it's just progress. Progress and progress, and we cannot stop progress. Thank you. Chairman Teele: All right. Opponents. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, with law offices at 215 Grand Avenue, in Coconut Grove, and today I'm not going to say very much. Commissioner ( UNINTELLIGIBLE) for once, right? Commissioner Gonzalez has my letter. You all have seen it . It's been in the -- it's in the package. It's in the record. I think it states our position pretty clearly. This is first reading. There will be a second reading next month, and at that time, we will be presenting our case in chief. Thank you very much. Chairman Teele: Are you in support or in opposition? Mr. Gibbs: We're in opposition, as the letter says. Commissioner Gonzalez: As usual. Mr. Gibbs: Not necessarily. Commissioner Gonzalez: Money -making machine. City ofMiami Page 198 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All right. Yes, ma'am. Anne Freemont: I'm in opposition to the project. My name is Anne Freemont. I live at 2011 Northwest 14th Street, in Durham Park, which is directly across from this project. I object to the land use change. I've been a resident of this neighborhood since 1970. That's over 30 years. This particular piece of property has been a boatyard and marina for over 65 years, since sometime in the second World War, or before. The people in favor of this project have said that it's an unsuccessful boatyard. I contest that. It's been operating as a successful boatyard for 65 years. The family that owned it previously, the Nuta family, used to live in our neighborhood. Mr. Lou Nuta, the son ofMr. Nuta, he managed to leave our neighborhood and buy a home in Coral Gables on the Coral Gables waterway, so I don't think he was destitute. There are complaints about taxes. Maybe it's possible, with this type of designation, to give a boatyard tax relief. As a boat owner, I'm in favor of keeping this land use as it is because I haul my boat there . My boat was built in this boatyard. My late husband designed and built our boat in that boatyard. The biggest ticket item in that boat is the rent that we paid to Mr. Nuta to rent the building that the boat was built in. I'm concerned, very, very concerned about a land use change because this marine -- I mean, this building -- Pan American -- used to be Pan American Airlines. Airplanes used to come in here. It's now a marina. There's seven piers back here. All the boats at those piers are paying rent to the City ofMiami to keep their boats in those slips. There's also a City -owned marina at Bayside. I don't know how many slips are involved, but I know that total, in the County and the City, there's over 4,000 wet slips; that means boats that are in the water. I don't know how much you gentlemen -- I appreciate your hearing our comments. I don't know if any of you are boat owners, but a boat has to be -- of my size -- my vessel is 38 feet -- it has to be taken out of the water, moved a very short distance, propped up. The bottom has to be cleaned and repainted. That is the process that we're talking about here. The attorney for this project keeps saying that the boatyard is gone, that that's over with. It's not going to happen, based on economic issues. I'm saying to the City ofMiami that you have a certain amount of percentage of your residents that have boats, and to remove -- or rezone all these areas that are designated boatyards, sooner or later, you're going to be in trouble because people aren't going to have any place to take their boats. This boatyard has been operating successfully. I don't care what anybody says. I'm right across the river from it. I've heard the Tammy lift running. The boatyard stops making noise after 6 p.m., so you're not allowed to work on your boat after 6. I don't think it's a polluting issue. I don't care what anybody says about that. In order to operate as a boatyard, you have to meet the requirements of DERM ( Department of Environmental Resources Management), which is the County Environmental Resource Management Department, and if they were polluting, they would have been shut down a long time ago. The boat is lifted out of the water. It's taken over an area where it is cleaned, and that water is recycled. It's not distributed into the water, at all. The boat is blocked up on a -- in an area where there's a tarp put underneath it. It's part of the procedure. The boatyard -- you have to pay for the tarp. Chairman Teele: Ma'am, out of deference for your longstanding relationship here in the City, we've let you go about -- Ms. Freemont: OK. I'll be briefer. Chairman Teele: -- three minutes beyond your two minutes. Ms. Freemont: I didn't realize I had a time limit. I'm sorry. Chairman Teele: Everyone has a -- Ms. Freemont: OK. City ofMiami Page 199 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: -- 2-minute time limit, except -- Ms. Freemont: I apologize. Chairman Teele: -- for lawyers present -- no, no, no, but if there's something you want to talk about relating to the change in the zoning -- Ms. Freemont: That's what I'm talking about. Chairman Teele: -- but I'm about to learn exactly something I never really understood about, and I find it instructive, but this isn't the place to learn about how to clean a boat. Ms. Freemont: Well, it is important that we don't lose all our boatyards because you're talking about a rezoning issue where, at some point, we're not going to have any more facilities to service boats, and I can't imagine Miami without having boats in it. I don't think it's an issue of a do-it-yourself or a full service boatyard. That's what keeps coming up. It could be -- very well be a full service boatyard, and I wouldn't mind. I don't mind paying the exfra cost involved to make it profitable. We do need boatyards, and I'm not dis -- in favor of development because I think it's a good idea that we increase our tax base, and that it wraps around into the mouth of the river; that's where it's appropriate, but don't want to lose this boatyard. Thank you very much for your time. Chairman Teele: Thank you for coming out today. Brett Bibeau: Honorable City Commission, good afternoon. My name is Brett Bibeau. I'm the Managing Director of the Miami River Commission, with offices located at 4600 Rickenbacker Causeway, Miami, Florida, 33149. I'm here to provide you with the Miami River Commission's official statement. To all City Commissioners, as requested in City Resolution 00-320, regarding today's agenda items PZ.17 and PZ.18, which impact the Miami River. The Miami River Commission recommends denial of the applications to amend the zoning and land use from marine indusfrial to restricted commercial at 1818 and 1884 Northwest North River Drive. On March 1, 2004, Ms. Lucia Dougherty, Greenberg Traurig, and Mr. Ed Llorca, Mouriz Salazar Architects, presented the pending Hurricane Cove Major Use Special Permit application, which included the proposed zoning and land use amendments. The Miami River Commission found the zoning and land use amendments to be inconsistent with the award -winning Miami River Corridor Urban Infill Plan in removing the existing marine indusfrial zoning and land use in this particular area of the Miami River. Since 2000, 756,962 square feet, or 17.5 acres, of marine industrial zoning along the Miami River have been amended to high density residential uses. In addition, the Miami River Commission found the proposed three building development to be inconsistent and out of scale with the surrounding neighborhood. Therefore, by a vote of 6/4, the Miami River Commission recommended denial of the zoning and land use amendments, and I thank you for your time. Thomas Kimen: Hello. Thomas Kimen, 2001 Northwest 14th Sfreet. I live directly across from the development, and I will gladly take Mr. Acosta's architect to dinner at Capital Grill if he is right that am closer than 350 feet, standing on the edge of my dock, to either the property line and/or where that building is going to be far closer. My though -- my biggest concern though is industrial zoning along the river. When I bought this property, it was zoned industrial. I knew it . I'm a boater. I service my boat at the yard, and I am excited today, as I was initially, about the mixed use area of the river, and I'm always concerned about the -- keeping that mixed use, both residential and indusfrial zoning, but what I'm finding is, so much in the last two years has been rezoned, and there isn't any more out there. A resident -- any zoning throughout this city can be rezoned to a C-1 zoning; at the corner of 27th and 27th. At the corner of 20th Avenue and 19th Sfreet, you can rezone that to C-1 and build residential, but you can't pull boats out there, and that's our biggest problem. The west end of the river is Dade County, not in your jurisdiction, so City ofMiami Page 200 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 you really have from the -- probably second third of the river down to the mouth of the river with remaining marine industrial, and already in the last two years, we've seen near the mouth of the river completely rezoned. Who's got to compete with this? The tugboats, the freighters, the boatyards, and all other marine industries are being forced out. We're the home of the largest boat show in the world, and I think it was just in the last two years, you raised rates out here, I think, and brought in great revenue for this City, and those boats need to be serviced, and if they aren't serviced, they're going to leak, they're going to pollute, and they're going to sink, and I think it's just important that the 10 projects that have already been rezoned are probably excellent projects and I'm in favor of responsible development along the river, but it doesn't mean that because 10 were approved 11 need to be, and I think a self-service boatyard is really important in the sense that I,, as a boater, can come in there, do the work myself or I can have any of my subcontractors, who I choose throughout the City, to come in and work on that boat. Under SD-4 zoning -- and I'll cut off -- under SD-4 zoning, the maximum height is 10 floors; is that right? Vice Chairman Sanchez: The Clerk is saying (INAUDIBLE) Mr. Kimen: I'm over. Oh, OK. Ten floors, and I think they want to build 28 under -- Thank you very much. I appreciate your time. Chairman Teele: Thank you. Robert Breckner: Hi. My name is Robert Breckner. I live at 1700 -- Chairman Teele: Pull the mike up. Mr. Breckner: Hi. My name is Robert Breckner. I live at 1700 Northwest North River Drive. I'm in favor of the project. They stepped up and started speaking before, I guess, we were through over there. Vice Chairman Sanchez: You're in favor? Mr. Breckner: I'm in favor of the project. Vice Chairman Sanchez: (INAUDIBLE). Mr. Breckner: 1700 River Run --1700 Northwest North River Drive. I believe the project is going to clean the area up a lot. It's going to bring a lot of jobs into the area. As it is, the boatyard that's there is a dirty eyesore, and the project they're planning to build is nice. You can see the river from the road, with the new project. It's going to have a park where everybody can walk around, and it'd make it a safer place to walk on the streets at night, where it's really not safe like that now. They're saying they're going to lose their boatyard, which I agree. There is a need for self-service boatyards, but if they're going to make a container yard next to my house -- I've lived next to a container yard before. Noise all night long. You can hear the cranes running . You can hear the bulldozer pushing everything around. You can hear all that noise, and I've lived next to that before and I don't want to live next to it again. Thank you. Hernan Laza: Hello. My name is Hernan Laza, and I own a bar and restaurant, 1449 Northwest 17th Avenue, and I strongly support this project because I think it's going to help our business and real estate values in the community. Thank you very much. Chairman Teele: All right. Is there anybody here that's in opposition? We called for opponents . Anybody in opposition? Vice Chairman Sanchez: Opposition. City ofMiami Page 201 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Opposition to the land use change. Is there anybody else here in opposition? All right. Counsel -- sir. Vice Chairman Sanchez: All right. Felix Avalos: I'm in favor of the building. Is that what you said? Chairman Teele: Why don't you do this? Why don't you just stand by one minute? He's going to close up. We're going to let her -- we're going to let the other lawyer re -- Well, would you like to go -- would you like for him to go ahead and make his statement? Mr. Gibbs: I have no problem. As I said before, we'll wait until May 27th to put on our case. Chairman Teele: Sir, come right on up. Is there anybody else here in opposition? OK, because we've heard from those people in support. Are you in opposition, sir? Unidentified Speaker: In opposition, yes. Chairman Teele: Yeah. Guillermo Chavez (as translated by Ondina Suarez, official Spanish interpreter): Good afternoon. Chairman Teele: Is he in opposition or in support? Ondina Suarez (official Spanish interpreter): He's in opposition, sir. Mr. Chavez: My name is Guillermo Chavez. I live at 2000 Northwest 14th Street, Durham Park. I've been to several of the meetings, and the reason that I'm here today is because we know that we cannot stop the progress of the City, however, I would like though, however, for you please to take into consideration the traffic we already have there, so that you please, when you do make some kind of consideration, to have that in mind and us, and the situation there. Thank you. Chairman Teele: Thank you. Pedro Luis Perez: Good afternoon. My name is -- Chairman Teele: Pull that up to you. Mr. Perez: My name is Pedro Luis Perez. I live in the area since 1967. I am boat builder and boat owner, and since I came from my country, Cuba, I was working in this place where I make my first steps in, you know, in grow United States. This place was, for me, like my home. Mr. Nuta was a real good friend of mine, and he gave me a lot of support because I got a project to build a boat, also something that I did, and I am really against that new change on the zoning because along with all of those years, we are losing many boatyards, or do-it-yourself along the river. This is the only one that's left for us. We are a community where we have about 40 or 50 thousand boat owners, and we need a place to repair our vessels. You know, a condominium, it can be built any place, in the middle of Flagler Street, in the middle of the downtown, any place you can build a condominium, but to hold out a boat that weighs about 20 or 30 tons, it has to be a special place, with a special crane close to the water, and something that is unique. It's something that it can be done in any place. This place has been used for hold our boat since the first of the century, you know. Mr. Nuta have it for about 40 years, but still today, running strong we got a lot of boats that hold out in here is a place that is, you know, economic -- with some kind of big value because we pay taxes and we pay everything to have our vessels in good condition. Thanks a lot. I hope the thing will continue the way (UNINTELLIGIBLE). City ofMiami Page 202 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: What year did you come here from Cuba? Mr. Perez: I came -- Chairman Teele: What year did you come here? Mr. Perez: I come in 1967. Chairman Teele: And you've been working there ever since? Mr. Perez: No. In 1957, I come to United States. Chairman Teele: And you've been working there in this area -- Mr. Perez: I work in '67 with Mr. Nuta, Louis Nuta, you know, from Italian did a real good friend with him. He inclusive, he helped me with a lot of stuff that he has over there -- Chairman Teele: OK. Mr. Perez: -- to fix my boat and to build my boat over there. Commissioner Gonzalez: Did you work there during the '80s? Mr. Perez: Since? Commissioner Gonzalez: Between 1980 and 1990, did you work there? Mr. Perez: No. Because I -- you know, I am retired about 15 years, you know. Commissioner Gonzalez: OK Mr. Perez: But I am still doing some occasional work. I am 76years old and still working strong. Chairman Teele: Thank you very much. Mr. Perez: OK. Thanks a lot for your -- Chairman Teele: Thank you for coming. Is there anybody else here in opposition? Mr. Perez: I am against it completely. Chairman Teele: Yeah. I'm talking to these people behind you. Mr. Perez: Completely in opposition. That thing is beautiful, but it's better building it in some other place. Chairman Teele: Thank you very much. You -- yes, sir. Richard Torrens: My name is Richard Torrens. I live at 2180 Northwest 13th Street, and I'm not going to talk about boats. I'm going to talk about zoning. Chairman Teele: Thank you. City ofMiami Page 203 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Torrens: There are already two major projects that are going to go on, as far as high-rise buildings, on the river. I think the river walk and the rest of what the City has planned for the river is absolutely beautiful. I don't think we need to tear this jewel down and put up a condominium. It's going to add too much traffic to both the North and the South River Drives, which are only one lane in each direction, OK, and I think it'll take a lot of the quality of life away from the people that live on the river. Thank you very much. Chairman Teele: Thank you for being brief. Thank you for your presentation. Steven Lamb: My name is Steven Lamb. I've lived across from the Hurricane Cove since 1948. I was born there. The main reason for this land change is greedy property owners and greedy developers. It shouldn't be changed. Horacio Stuart Aguirre: Good afternoon, Mr. Chairman. My name is Horacio Stuart Aguirre. I reside at 1910 Northwest 13th Street, in Durham Park, been a resident ofMiami for 52 years. Former banker, principal of commercial real estate banking firm. We reconsider irresponsible development, such as the proposed Hurricane Cove project, to be a major plague. Miami is known as the fun in sun boating capital of the world. This property is an indispensable working boatyard, a key element of the recreational boating industry. Killing this key recreational marine boatyard will strike a serious irreparable blow to all of recreational boating in Miami. Without recreational marine boatyards, Miami will die as a marine recreational mecca. Property values of waterfront property will significantly decrease. National media has taken an interest in these proceedings, and is ready to report that boating and recreational marine usage in Miami is in a serious threatening state, a threat that the Miami Herald commented in the February 14th article, at the time of the Miami International Boat Show. The condominium canyon that developers, in concert with the City ofMiami, are all too eager to create, will destroy not only recreational boating, but will seriously harm the ecology that exists in the free and foliage canopy along the river, specifically between 17th Avenue and 22 Avenue. The developers, agents, and lobbyists have created and published gross misinformation, suggesting to the neighborhood residents that if Hurricane Cove project is killed, then the property would be converted to a cargo container shipping facility. As I have stated before, it would be more likely that I would play professional basketball than a shipping container vessel would approach the docks of Hurricane Cove. The Miami Herald noted several weeks ago, in a prominent article that will be sent to all of you in a complete package copy to the Clerk, that serious real estate analysts are concerned with the overbuilding of condominiums in the Greater Miami area. Throughout Dade County and throughout Florida, voters and residents are rejecting inappropriate over -development and rejecting the politicians that approach same. I further urge you to act responsible to the residents ofMiami-Dade County. As President of the Durham Park Neighborhood Association, I urge you to stop the economic, ecological, and social debacle that will result in turning the Miami River into a condominium canyon. This monstrous fantasyland project belongs in Disney World, not in the Miami River. Thank you very much. (Applause) Chairman Teele: Ladies and gentlemen, let me just remind you, please. This is a deliberation in which we are urging you not to boo, applaud, hiss, or cheer. Thank you. Is that the end of those persons in opposition? Unidentified Speaker: Yes. Chairman Teele: All right. We'll allow for a rebuttal. Counsel. Ms. Dougherty: Mr. Chairman, I will reserve my rebuttal until the second reading, as well. I just want to make one remark, though. This indispensable recreational boatyard does not exist. There is none. The concrete canyon that is going to take away the frees and the foliage, I'd like City ofMiami Page 204 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 you to show me a single tree on this site. Anyway, I'm going to have my experts also appear at the second reading, if we get your favorable vote today. Chairman Teele: Thank you very much. The public hearing is closed. I'm -- before we have a motion from Commissioner Gonzalez -- I'm going to ask staff to please go there and take pictures and, you know, give us some good pictures that reflect the condition, as of some time, you know, the trees, the boats, the whole nine yards. I mean, we don't need to argue about the facts of are there boats and are there trees, in today's technology. Commissioner Gonzalez. Commissioner Gonzalez: Mr. Chairman, dear colleagues, I'm familiar with this site because of my years working in Allapattah. You know, one thing that really surprises me, every time that we have a project in Allapattah, we get all these citizens from different areas of the City of Miami that come before this Commission and tries to exercise pressure on determining the future of that neighborhood, and what really shocks me is that ifI ask some of these persons what are the boundaries ofAllapattah, what is the ethnic composition ofAllapattah, what's the population ofAllapattah, what's -- they probably don't know, because they have never been to Allapattah. They have never been through Allapattah. They don't know the needs ofAllapattah. They don't know the necessity ofAllapattah, and that really shocks me. In regards to the opposition of the Miami River Commission, it's something that doesn't surprise me because, to begin with, my opinion -- and this is my personal opinion of the Miami River Committee -- or Commission. They want to do land banking with other people's money and other people's property, and I think that if they want to do land banking, what they got to do is put their money where their mouth is, and where their pen is, in writing letters, and start buying land, and then you can build all the marinas and all the mercantile ship and boatyards that you want to build an entire river of Miami, but the idea of holding these lands for the future -- and this has been said publicly -- for the future in case that Castro dies one day so they can send the ships from the Miami River to deliver merchandise to Cuba, I mean, that is a dream, you know. Let's wait until Castro dies, because, to me, that's a joke. It's like some of my own people saying, you know, I'm going to be the president in Cuba. I'm going to be -- you know, first you have to wait for Castro to die, and then you may be a president, or maybe you're dead by that time, too, but you know. It's ridiculous that they try to hold the progress in the City ofMiami; that they try to hold the progress in the Allapattah neighborhood, and let me tell you. For years and years, for years and years, Allapattah's future and destiny has been governed by foreign forces. Not anymore. That's why I got elected in 2001, because the people didn't want any more of the same. The people in Allapattah wanted leadership. The people in Allapattah want a Commissioner that will defend their rights, that defend their properties, and that defend their future. We cannot talk about the project because the project is not under discussion now, but this land change -- or this use change is the beginning of bringing new development and progress to Allapattah, and it's only fair. Allapattah, same as Overtown, Model City and some other areas of this City has been neglected for years, and years, and years, and I believe that, for those communities, time is up. Time for progress is coming to them now and we have to make an effort to make sure that every neighborhood in the City ofMiami participate of the same progress that Upper Eastside is enjoying, that downtown is enjoying and is going to be enjoying, that Coconut Grove is going to be enjoying, because after all, they all pay taxes in the City ofMiami. Some pay more and some pay less, but everybody pay taxes, and everybody contribute to the betterment of this entire city. I'm familiar with the site. I know what's at the site. The site is an eyesore. It's been an eyesore for years and years. As a matter offact, that place, back in the '80s, was known as one of the places where more dope and illegal drugs were brought into the City ofMiami, OK, and I know that by the fact because back in those years, I was a private investigator, and I used to work for attorneys and I used to work for defense, and I went to that place many times to take depositions, and I know what was going on at that site, so I'm very happy that there's going to be a change of land use, so maybe we can get something more positive. Another problem that we have with the river is that every 15 days, every three weeks, we read in the papers and we see in TV (television) , OK, these boats loaded with cocaine and drugs, and I don't want that in my disfrict. I don't care if somewhere else, but not in my disfrict. As a matter offact, I don't want it in the entire City ofMiami Page 205 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 City ofMiami, because that will affect our youth, that will affect our children, that affects our society, and nobody's concerned about that. The Miami River should be considered about that. Miami River Commission should be concerned about that, and they're not, but based on the merits -- and there has been issues, you know. There have been issues about Durham Park. Durham Park is about 300 feet. The closest point of Durham Park to this site is 300 feet. It goes from 300 feet to 500 feet, and we go back to the same thing. We have residents here from a building that is right directly next to this site. We are in support of this. We have the building right across the street from this site, which is a component of seven buildings, has 70 units each building, and I walked that during my campaign, OK, which is called Callahan Plaza, and they are in support. We have the Miami Marina, which is to the east of this project. It's a 10 floor building. I can't remember the number of apartments, butt walked the 10 floors knocking on doors in my campaign. They are supporting this. I've been in contact with the community, with the people that live in Allapattah, the people that are going to be directly affected by this project, because they are the ones that lives in the immediate area, so based on the feedback that I had from the Allapattah residents, from the people that are going to be directly impact by this zoning change, I move, Mr. Chairman, that this zoning change be approved. Chairman Teele: Motion. Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there a discussion on the motion? Mr. Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Commissioner Gonzalez, where are you having dinner tonight? He'd like to respond. I'm going to give him an opportunity. Where are you going to have -- Commissioner Gonzalez: Go ahead. Let him respond. Chairman Teele: You all discuss it over dinner. We're not going to get into a back and forth in here tonight. Commissioner Gonzalez: No. Commissioner Winton: I think we're going to be having dinner here, frankly. Chairman Teele: But, Commissioner -- Commissioner Gonzalez: I think so. We're going to be having -- Commissioner Winton: That's my best guess. Commissioner Gonzalez: We're going to be having dinner and breakfast. Commissioner Winton: Yes. Vice Chairman Sanchez: Hey, we keep it up, we may be having breakfast here. Commissioner Gonzalez: Yeah, right. Commissioner Winton: But that's much more like it. Chairman Teele: We're not going to have a back and forth. With all due respect, I recognize you're here in your official capacity. I realize that there were some statements made, but this is City ofMiami Page 206 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 going to come up for second reading, and we'll give you extended time on second reading to make any responses at that time; is that fair? Mr. Bibeau: How about I just address the very strong -- Chairman Teele: No, no, no, no. Vice Chairman Sanchez: No. Mr. Bibeau: Yes, sir. Chairman Teele: Not going to do it. All right. Madam Clerk, call the roll. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has passed on first reading, 5/0. Chairman Teele: Item 18, read the item. Ms. Slazyk: PZ -- Vice Chairman Sanchez: Mr. Chairman, could the City provide me with a list of self -storage repairing marine facilities left in the City ofMiami. In other words, are they -- do we -- How many do we have? Ms. Slazyk: I don't know. We could probably research it maybe through the Certificates of Use in the City. Commissioner Winton: But, Joe, that's a -- and I didn't want to have this discussion as a part of this, butl think you're on the right track. I think that what we need to do is -- the boating industry is hugely important to the City ofMiami, and the more residents we have living here, ( UNINTELLIGIBLE) the more interest that we're going to have, so I think there's a need for both, and while it's clear we've just supported the land use change on this particular site, what we really do need to do is take an extensive look at everything else northwest or north, or whatever direction that is up the river -- Commissioner Gonzalez: West. Commissioner Winton: -- and make sure that we send a stronger message that would discourage conversion, because there's no question. You can make more money on building a high-rise condo complex than you can make having any kind of boating facility whatsoever, period, end of story, so it's going to be incumbent upon us to send a clear message, once we do the inventory, that we're not in favor of continuing a process of changing land use in the rest of the parts of the river; that we're focused on areas that we think are appropriate for these changes. It may not be in complete agreement with what the Miami River Commission has said, but that we agree with the need for waterfront uses, or boating type uses, repair yards, those kinds of things, and so we have to figure out how we send that message, because if we don't, every single yard along the river is going to go the same route. Commissioner Gonzalez: Mr. Chairman, if you allow me. I just -- I have just been provided a list of different boatyards in the City ofMiami where you can repair your boat -- Vice Chairman Sanchez: All right. City ofMiami Page 207 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: -- and do complete service, and I don't find in this list a boatyard that is on 22nd Avenue and 11 th Street, but, remember, none of these places is a place where you can go and do the work yourself. This is not a self -serve type of marina, OK, but this is a list that is composed of one, two, three, four, five, six, seven, eight, plus the one that I told you on 22nd Avenue and 11 th Street, is nine different marinas. Chairman Teele: We're not going to -- we started a discussion, butt just want to be on the record, especially to the Miami River Commission, and to some of the other presentations, a very thoughtful presentation by Mr. -- by you all. I would hope that you don't see our vote today as some of the way it's been characterized, but I,, too, am concerned about the unintentional signal that this may send. Clearly, this is a facility that I think the vote speaks for itself but to the Miami River Commission, I would support, at an appropriate time, a dialogue with the City management and the planning and whatever may be an extraordinary vote when our -- when the recommendations are in opposition or not supported by the Miami River Commission along the river. I think we've got to put some brakes on this and send some signals, and I don't have a solution, but I do think an exfraordinary vote, when the recommendations of the Miami River Commission, is one of the ways that the Dade County Commission got into slowing themselves down when you had neighborhood -- in other words, to overrule a neighborhood village council, or whatever those things are called now, it takes an exfraordinary vote, and I think, along the Miami River, we need to give some deference in the future to your views. That's just one thought, butt really do think that we need to make sure that the public does not perceive that this is a developer's grab. Commissioner Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. I just -- you know, Johnny, you took the wind out of my mast -- Commissioner Winton: My apologies. Vice Chairman Sanchez: -- when we were talking on that, but just to elaborate. I'm not going to get on the economic development side of this project on the river. I just want to focus on something that, you know, we have in the past been very supportive of you know, bringing in mega marinas and focusing on the marine industry, which is a lot of money, especially in the repair industry of boats. I mean, we all agree that when it comes down to Miami, we're being left out. I mean, Fort Lauderdale is taking it, although they're complaining that they're also losing a lot of that industry. That industry's going someplace else. Ships have come down abroad that are traveling either south or they're going to the islands or the Caribbean. I mean, they -- Fort Lauderdale, they shoot across and take Bimony, or they take the other islands down south or north up to the Grand Bahamas because we don't have those facilities, and I think it's important that, you know, we entertain and do everything we can to support that industry because let me tell you. If people moved here -- let's say -- this is just first reading. There will be a second battle on second reading. That's for sure, but let's say that people that cater this type of development would move to that development based on what? I like boats, so it's a good place to -- I could live right there and have my boat. That's the beauty of it, folks. People don't want to live in Pembroke Pines and have their boat parked here in the marina. I mean, the drive itself to get to your boat, it's not convenient, but we, in the City -- and I speak for myself -- I am very concerned about the marine industry. I know that it's a major part of economics of our city, and we need to focus on doing things to make sure that we balance it out; that were able to provide to the boaters of our community, but getting on the other aspect of it, which I'm not going to get into now, which will be in the second reading, and that's another aspect of it, which is the economic balancing of an area that for many years has been deprived, and for now, for the first time, it is seeing a massive synergy in energy of development, and that's Allapattah. Thank you. Chairman Teele: Mr. Attorney, read Item 18. City ofMiami Page 208 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All of the comments that have been previously made will be made a part of the record of this item, both those persons who spoke in support and in opposition. Madam Attorney, did you need to say anything further? Counsel, did you need to say anything further? Is there anyone here who feels an absolute need to say something further on this item? If not, the public hearing is closed. Madam Clerk, call -- Mr. -- Commissioner Gonzalez. Commissioner Gonzalez: I move -- Vice Chairman Sanchez: Second. Commissioner Gonzalez: I move PZ.18. Chairman Teele: Moved and second by Commissioner Sanchez. 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, 5/0. Chairman Teele: Counsel. Tucker Gibbs: Mr. Chairman, could we possibly get a time certain on this to avoid the confusion . For second reading, this will be -- as we've told you, we've reserved our -- we were frying to save -- I was trying to save you a little time, so just a request. Commissioner Gonzalez: Mr. Chairman, I think this item should come back for second reading in June. Mr. Gibbs: June? Chairman Teele: Second reading in June. Mr. Gibbs: OK. Chairman Teele: Second reading in June, time certain. Mr. Gibbs: Is the MUSP (Major Use Special Permit) coming back in June, as well? OK. Chairman Teele: Time certain, 5 p.m.? Mr. Gibbs: 5 p.m. Thank you very much. Chairman Teele: 5 p.m.? All right. Mr. Gibbs: Thank you, Commissioner Gonzalez. Commissioner Gonzalez: Second meeting. It doesn't matter. Second meeting in June, right? Chairman Teele: Second meeting in June. Mr. Gibbs: Yes. Thank you. City ofMiami Page 209 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All right. If you're here on Item 17 and 18, thank you very much. Please depart quietly, or you can feel free to stay. Who's the translator? Oh, OK She's doing her job. PZ.19 04-00181 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 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH 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. 04-00181 SR Fact Sheet.pdf 04-00181 Analysis.PDF 04-00181 Land Use Map.PDF 04-00181 & 04-00181 a Aerial Map.pdf 04-00181 PAB Reso.PDF 04-00181 Application & Supp Docs.PDF 04-00181 SR Legislation.pdf 04-00181 FR Fact Sheet.pdf 04-00181 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 5808 NE 4th Court and 454 NE 58th Street APPLICANT(S): Sabrina D'Eca and Al D'Eca & Assoc and Mark's Classic Corp APPLICANT(S) AGENT: Augusto E. Maxwell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 7-1. See companion File ID 04-00181 a. PURPOSE: This will allow a commercial development site. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 210 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez Chairman Teele: Madam Director. Lourdes Slazyk (Assistant Director, Planning & Zoning): Last two. PZ.19 and 20, again companion land use and zoning change. This is for the properties at 5808 Northeast 4th Court and 454 Northeast 58th Street from medium density multifamily residential to restricted commercial. It was recommended for approval to the City Commission by the Planning Advisory Board and the Zoning Board. The Planning and Zoning Department had recommended denial, again because of the fact of whether this is a logical extension of a category. This is a residential -- it's adjacent to a residential area, so our recommendation had been for denial. Just for the record, this is the -- this application consists of the old pump house property, which the applicant indicated at the lower board hearings that they would be proffering that they would go through the historic designation process once they have that change. Because of the business they want to bring in, they couldn't do it as an HP (Historic Preservation) overlay, so that being said. Chairman Teele: All right, now. Hold on now. Read it, Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Before we start the public hearing, Mr. Attorney and Madam Manager, could we try to get the City staff in a position? We'll be ready for them in three minutes. We've got the Rent -a -Car issue. We've got some planning issues relating to some parks . We've got all the open issues. Madam Clerk, would you be in a position to go down very quickly and tell us what your records show are the open issues? Because I don't want to spend the next 30 minutes getting ready. Everybody that's here on City staff that has got an item, we're just about ready, so we'd like to move into that. This is a public hearing. Is there anybody here in opposition, other than the City staff? Is there anybody here in opposition, other than City staff? All right, counsel. Commissioner Winton: Could -- oh, I'm sorry. Go ahead. Chairman Teele: Counsel, it's your show. Augusto Maxwell: Augusto Maxwell, office at 1 Southeast 3rd Avenue. Law firm Akerman Senterfitt. I'm privileged here to represent James Kilpatrick and Sabrina Dahecka. They purchased this home, which is a historic structure, over five, six years ago, and I've been working with them for about two and a half years, with your City staff to bring this to you today. If you're familiar with the area, you'll see that there's a lot of urban blight there. They actually had a SWAT (Special Weapons And Tactics) Team to come in there a few years back to clean out all the individuals that had set up camp at the railroad behind the property. I come to you with the unanimous support of your Zoning Board, and your -- nearly unanimous support of your Planning Board. I have the proffered covenant that they've requested and for those reasons, I would ask for your support. Commissioner Winton: Well, what was the -- Chairman Teele: Now -- excuse me. With the proffered covenant, does that change your recommendation? Ms. Slazyk: Yes, because the -- well, we have no objections because the companion zoning item does include the SD-9 overlay, which offers, at a minimum, you know, some design review. Now, their covenant they're proffering is -- if they were to go for the historic designation now with the HP overlay, they couldn't do the business it is they want to do, but with the historic designation City ofMiami Page 211 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 on a commercial property, they would be able to do it and the building gets preserved, which would eliminate our objections. Commissioner Winton: What's the business they want to do? Mr. A. Maxwell: A hair Salon. Ms. Slazyk: The HP overlay only allows certain professional office uses, so -- Commissioner Winton: Oh, I -- Chairman Teele: What year was that building built? Mr. A. Maxwell: 1923. Dr. Paul George, who testified at the earlier two evenings, could not be here tonight. You can see Dr. George there, much -- a younger looking gentleman. What's kind of interesting about this, it's sort of a lesson -- a civics lesson in some of the issues that confront homeowners and property owners that wish to develop property. The City already owns a covenant on this property, which maintains its historic structure. Back in 1996, the City of Miami forgave about a quarter of a million dollars in liens that was going to lead to the demolition of this structure, so these good folks in the community rallied. They agreed to do what they could to preserve it, to clean it out. The City agreed to not demolish the building. They agreed to waive all the liens and, in exchange for the fact that it would remain a historical property. It remained that way for five years, no one really knowing what to do with it. That's when Mr. Kilpatrick stepped up to the plate -- he's a hairdresser -- and he saw that he could develop his business and his life here out of this site, and then, as your staff has explained, the Code does not allow a hair salon there without a zoning change, and it's about two years later that we're here today with the proper vehicle for that approval. Commissioner Winton: What if the hair salon doesn't succeed? Are there now -- are we setting the tables up for good appropriate other uses without this thing going completely dark again? Ms. Slazyk: Well, that's why -- that's where the proffered comes in and helps, and the fact that the zoning change, instead of asking for a straight C-1, they're including the SD-9 in their zoning change, so -- Commissioner Winton: So there will be other uses? Ms. Slazyk: -- even if they wanted -- yeah, it would have to go through, at a minimum, a Class II to do anything. Commissioner Winton: Good. Ms. Slazyk: But the original denial -- just so you know, this was -- here's the commercial. Here's a residential. This is -- it was a very fine line for us even in the recommendation, but it was pushing more commercial intrusion, but with the covenant and the SD-9 assurance, I think it would be fine. Commissioner Winton: And that's a great building, so -- Chairman Teele: Well -- Commissioner Winton: -- do we need a motion? Chairman Teele: We need a motion to approve it. City ofMiami Page 212 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: Move it. Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: Moved and second, with the covenant and the conditions. Ms. Slazyk: Yeah, the covenant would actually go with the next item, PZ.20. Chairman Teele: Huh? The Ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. PZ.20 04-00181a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL WITH AN SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00181a SR Fact Sheet.pdf 04-00181 a Analysis.PDF 04-00181a Zoning Map.PDF 04-00181 & 04-00181 a Aerial Map.pdf 04-00181a School Brd Recomm.PDF 04-00181a ZB Reso.PDF 04-00181 a Application & Supp Docs.PDF 04-00181 a Legislation.PDF 04-00181a Exhibit A.PDF 04-00181a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District to Change the Zoning Atlas City ofMiami Page 213 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 LOCATION: Approximately 5808 NE 4th Court and 454 NE 58th Street APPLICANT(S): Sabrina D'Eca and Al D'Eca & Assoc and Mark's Classic Corp APPLICANT(S) AGENT: Augusto E. Maxwell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 22, 2004 by a vote of 9-0. See companion File ID 04-00181. PURPOSE: This will allow a 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.20 is the companion item. This is where the covenant would be submitted for review prior to second reading. Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: It's a public hearing. Any person desiring to be heard should be coming forward. There are no persons coming forward. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should be coming forward. Counsel, you want to just put your name on the record again? Augusto Maxwell: Augusto Maxwell, 1 Southeast 3rdAvenue. Chairman Teele: And you're here in support? Mr. A. Maxwell: In support of the application, on behalf of the applicants. Chairman Teele: All right. The public hearing is closed. Is there a motion? Joel Maxwell (Deputy City Attorney): That's the end of the PZ (Planning and Zoning). Commissioner Winton: So moved. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 214 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Mr. A. Maxwell: Thank you. PZ.21 04-00082a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 40 FEET IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00082a SR Fact Sheet.pdf 04-00082a Legislation.pdf 04-00082a FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. This is related to File ID 04-00082. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings over a certain height along the SD-9 Biscayne Boulevard North Overlay District. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to CONTINUE item PZ.21; further extending the call of the Special Commission Meeting currently scheduled for April 29, 2004 to include item PZ. 21 to be considered after item related to SD-9 Biscayne Boulevard North Overlay District Chairman Teele: All right. We have two items for 4 o'clock. The Biscayne Boulevard item, and we have the Coral Way item, and we have the Midtown project. Commissioner Winton, how do you want to proceed? Commissioner Winton: Well, I -- we probably need to wait until some of these people clear out so that everyone can hear what I want to say about the -- it's kind of a -- Lourdes Slazyk (Assistant Director, Planning & Zoning): It's PZ (Planning & Zoning) -- City ofMiami Page 215 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: -- combined discussion here. Ms. Slazyk: It's PZ.21, by the way. Commissioner Winton: Oh, it's PZ.21? Chairman Teele: Johnny, what are you taking up next? Commissioner Winton: PZ.21. Chairman Teele: Biscayne -- PZ.21. Vice Chairman Sanchez: And then, Tomas. Chairman Teele: Then Tomas and the Midtown. Commissioner Winton: 4 p.m. time certain, 90-day moratorium, 40 foot. That will be very short. OK, so I guess the next item is PZ.21, which is the second reading on the 40-day moratorium -- I mean, the 40-day -- 40 days and 40 nights -- the 40 foot height limit on Biscayne Boulevard Corridor. Let everybody shuffle around a little more. Mr. Chairman. Chairman Teele: Yes, sir. Commissioner Winton: Here's what my recommendation is going to be on the 40 foot, on second reading. I met with staff at the break on the SD-9 Overlay Revised Plan. Staff is going to be ready to make a recommendation at next Thursday's special Commission meeting that we set up at our last Commission meeting, and if all of you remember, at the last meeting, I said that, hopefully, we will have a plan that works that we can present before the 40 foot moratorium even goes into place. I think we do have a plan that looks pretty good. I don't think it makes anybody -- it makes plenty of people not happy, which suggests that there may be -- that may be an interesting compromise, butl want to present that plan in a public hearing forum so we can make a decision about the plan, the revised plan for Biscayne Boulevard, next Thursday, and so, consequently, I want to continue PZ.21 to Thursday and do the final second reading on the 40- foot building height moratorium following -- potentially following the discussion and a potential decision regarding staff recommendation for fixing the problems, so my motion is to continue PZ .21 to next Thursday, following the primary discussion, which is the overall plan for the Biscayne Boulevard Corridor. So moved. Commissioner Regalado: Second. Chairman Teele: Is there discussion or objection on the deferral? If not, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. PZ.22 04-00296a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS LOCATED ON THE SOUTHWEST City ofMiami Page 216 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00296a SR Fact Sheet.pdf 04-00296a PAB Reso.PDF 04-00296a Legislation - Modif.PDF 04-00296a Exhibit A.pdf 04-00296a - law memo 3.pdf 04-00296a FR Fact Sheet.pdf 04-00296a Legislation.pdf REQUEST: To Establish a 90-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended for discussion. PLANNING ADVISORY BOARD: Pending recommendation on April 21, 2004. This item is related to File ID 04-00296. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings located on the SW 27th Avenue corridor from Coral Way to US-1. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the City Attorney by Commissioner Winton to research, including consulting with an expert, if necessary, and to come back at the Special Commission Meeting currently scheduled for April 29, 2004, with a recommendation which will restrict developers from fast tracking projects which exceed height limitations being imposed by our recently passed moratorium of building permits, prior to the moratorium ordinances' effective date. Direction to the Administration by Commissioner Regalado to inform him of the schedule of meetings of the committee created to make recommendations to the Administration on Code changes that will be proposed as the result of the study of the 27th Avenue corridor. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to schedule item PZ. 22 for second reading on the Commission Meeting currently scheduled for May 6, 2004; further amending the ordinance to provide an immediate effective date. Chairman Teele: Now, Commissioner -- are you going to defer yours, Commissioner Regalado? Commissioner Regalado: Which one, the 27th Avenue? No. I want to hear it. City ofMiami Page 217 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All right. Then let's do this. Commissioner Winton: She off? Her mike's -- I think that the mike's off. You have a mike button up there? Chairman Teele: All right. Then let's do this. We have a brief discussion item relating to the Midtown, which I placed on the agenda. Commissioner Regalado: Mr. Chairman -- Lourdes Slazyk (Assistant Director, Planning & Zoning): OK, it's on. Commissioner Regalado: -- we have the Silver Bluff residents here. If you want to, we can -- Chairman Teele: Well deal with whatever you say, sir. Commissioner Regalado: OK, but -- so -- Ms. Slazyk: OK. Commissioner Regalado: -- they're ready. I'm ready. Chairman Teele: OK. Madam -- Slazyk: PZ.22 is the -- in order to establish a 90-day temporary moratorium on the acceptance of applications for new buildings located on Southwest 27th Avenue Corridor, from Coral Way to US-1. This went before the Planning Advisory Board last night and was recommended for approval, and it's before you today with a recommendation of approval. Commissioner Regalado: What does it say -- why does it say recommended for discussion? Ms. Slazyk: Because at the time that this was done the first time -- Commissioner Regalado: Oh, OK, OK Ms. Slazyk: -- we hadn't had -- Commissioner Regalado: OK, OK. Ms. Slazyk: -- that discussion yet. Commissioner Regalado: OK, OK. Ms. Slazyk: The PAB hearing was just last night. Commissioner Regalado: OK. Chairman Teele: All right. Let's do this: Mr. Attorney, read the ordinance into the record, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Does this provide protection for those applications that are already in the system, already filed? City ofMiami Page 218 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Slazyk: This is a moratorium on accepting new applications, so any applications already in process would continue, according to what the zoning ordinance provides for. Vice Chairman Sanchez: All right. Ms. Slazyk: And, again, this is first reading today. Commissioner Regalado: Mr. Chairman, for the record, it would be -- one of the questions from the residents was how many applications do we have in the system now for the 27th Corridor. Can we have those addresses on the record so the people would understand? Because we promised to send them e-mails and letters, and we need to know, for the record, also for the people here, but for the residents that requested information, how many projects and where are these projects going to be built? I don't think that there are that many, butt just wanted to make sure that the residents are -- understand that if there is up to -- And one question, Mr. City Attorney. This is first reading. When is second reading? Joel Maxwell (Deputy City Attorney): That would depend on when you schedule it for second reading, sir. I think -- Commissioner Regalado: I'm sorry? Mr. Maxwell: That would depend on when you schedule it for second reading. Commissioner Winton: But not less than 30 days. Mr. Maxwell: Ordinarily, it would come back at the next P&Z (Planning & Zoning) agenda. Commissioner Regalado: OK. The question is: Between now and the second reading, can new applications be accepted -- Mr. Maxwell: Yes, sir. Commissioner Regalado: -- by the City? Mr. Maxwell: Yes, sir. Commissioner Winton: Commissioner -- Mr. Maxwell: Under the law -- under our Code now -- Commissioner Winton: And Commissioner Regalado, could I -- may I jump in and help here a little bit? Commissioner Regalado: Sure, sure. Commissioner Winton: I have the very same concern you have, and I -- Mr. City Attorney, I think you need to do some research here, because the way our ordinances work at putting this into place, you're going to -- from the first hearing to the point at which something can go into effect, the moratorium, is a 90-day period. What we're frying to prevent is the horse getting out of the barn. We want the horse kept in the barn. From a public policy standpoint -- Commissioner Teele, I know where you come from on this, and I -- this point's very important to you. From a public policy standpoint and a fairness standpoint, I understand the point whereby a developer may have closed on a piece of land, paid hard cash, with the expectation that I'm going to build this project, and you do your calculations on residential purchases on a per unit basis. You don't even pay attention to square footage. It's how many units can I build on that City ofMiami Page 219 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 site, and you do your calculation principally that way. You know, there's a lot of variables in there, but that's just kind of a rule of thumb, so the guy who's closed on the site, I feel has a different right in here than the guy who ran out, put a site under contract and agreed to pay an inflated price, with the expectation that I can get in under the rule change -- Chairman Teele: Right. Commissioner Winton: -- and then we still let him build the damn thing. Mr. City Attorney, I want you to research and look at every little corner of the law to find a way -- and make sure that you're dead right, and if we have to hire an outside attorney, I want an outside attorney hired. (Applause) Commissioner Winton: Excuse me, excuse me, excuse me. No clapping. We do not want -- whether it's 27th Avenue or the Biscayne Boulevard Corridor or whatever -- we do not want to create the expectation that ifI can slip my project in there real quick tomorrow or the next day, or next two weeks, or next three weeks, or next four weeks, and then I got myself a bonus because I know they're going to put -- they're going to create something that makes it better for the neighborhood, and I might not be able to build as many units. I haven't even bought the site yet. I don't even have it under contract yet, but I could run out and put it under contract tomorrow, knowing full well that I might be able to build 20 percent more units right now than I would be able to build in 90 days. That's economic benefit. Money in somebody's pocket. That's what we want to stop, so we need you to find the way that we can, in fact, stop this whole idea that you're discussing, that if they happen to hit our system while we're roaming through this very long 90- day process to put a moratorium in place, that we can, in fact, block them from being accepted into the system with an old right. You understand? Mr. Maxwell: Yes, sir. Commissioner Winton: And can we get that back very quickly, like maybe next week, when we have this next Commission meeting next week, get a formal reading from you on exactly how we can go about accomplishing what I'm frying to accomplish?, Mr. Maxwell: Yes, sir. Commissioner Regalado: But I have a question also for the City Attorney. What Johnny has so intelligently said is the concern of everyone that is trying to see a more orderly development in the Silver Bluff area. Now, my question is: If we are given, by the Law Department, by the administration -- many times, in my eight years here, I've done it dozens and dozens of times -- emergency ordinance, why cannot this be an emergency ordinance? It already had the Planning Board blessing. I thank the CityAttorney's office because you guys placed it on the agenda immediately after, which isn't very unusual. I mean, we didn't wait for 30 days, so it's something that we have to thank you for, but question is: Can we do this as an emergency ordinance, which kicks in tomorrow, immediately, and that's it? And then we have plenty of time to do whatever we need to do. I mean, is that a possibility that we can do today? Mr. Maxwell: In my opinion, sir, the answer to that is no, and I'll explain why. Commissioner Regalado: I'm sorry? Mr. Maxwell: The answer to that, in my opinion, is no, and the reason that I believe it is no is because, specifically, Chapter 166.0413(b), to be exact, specifically prohibits emergency rezoning. Therefore, you can't do it. It requires that moratoriums -- and I think the case was Sanibel v. Bunrock in 1982 -- specifically said that rezonings -- that moratoriums have to be City ofMiami Page 220 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 adopted the same as a rezoning. Therefore, 162 requires rezonings to have two hearings, two notices. Therefore, you can't do it here on first reading. Commissioner Regalado: OK. Commissioner Winton: How about 60 days then? Commissioner Regalado: So my question -- my question is now, how about 162 and a half and we can advertise and do it -- Commissioner Winton: Next Thursday. Commissioner Regalado: -- next Thursday. We still have time. Mr. Maxwell: What you're talking about is the effective date of the ordinance now. Commissioner Regalado: Right. I'm talking about the ordinance kicking in immediately. Mr. Maxwell: Now, that I -- if we have time to notice that -- Commissioner Regalado: Do we have time? Mr. Maxwell: I think you've already noticed that -- you don't have 10 days to notice that. I don't believe you have time to notice that meeting. Priscilla A. Thompson (City Clerk): Not if it's going to be next week. Commissioner Regalado: Why not? Ms. Thompson: Because we have to do it in 10 -- for 10 -- it has to have 10 days notice. Commissioner Regalado: Well, are we having like a May 6th -- Commissioner Winton: CRA (Community Redevelopment Agency) Board meeting. Commissioner Regalado: We have a CRA Board meeting. Chairman Teele: That's soon. That's Monday. Commissioner Winton: Is that -- Commissioner Regalado: Monday -- Commissioner Winton: That's this Monday? Commissioner Regalado: We have a CRA meeting on Monday. Commissioner Winton: Oh, no, that's even shorter. Sorry. I was thinking it was the next week. Commissioner Regalado: Oh, next week. Oh, I'm sorry. I'm sorry. Yeah, yeah. Chairman Teele: Gentlemen, we have to have the May 6th meeting, so that's pretty much, I think, where we -- Commissioner Regalado: May 6. May 6 is plenty of time. Now the question is, after May 6, City ofMiami Page 221 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 how long does it -- and the question is, if we do it on May 6, although the ordinance is not in effect, in theory, there is a moratorium. Mr. Maxwell: Well, I think the way to handle what you want to do there is to notice the ordinance for second reading, indicating that it's going to have an immediate effective date. Commissioner Regalado: OK. That's fine by me, so the moratorium starts -- if the Commission so approves -- on May 6th, immediately. Mr. Maxwell: As long as we can make the notice, and we when notice it, we indicate that the effective date of that ordinance would be immediate, I think we probably can do that. Chairman Teele: You need to amend then the first reading right now. Mr. Maxwell: On first reading right now to indicate that you want it to be -- Chairman Teele: All right. Why don't you read that amendment into effect. Mr. Maxwell: Well, it would provide for an effect -- an immediate effect -- I'll read the whole title again, if you want me to, sir. Chairman Teele: No. That's the amendment. Mr. Maxwell: The amendment would be that it would provide for an immediate effective date. Chairman Teele: All right. Are you here in opposition? Andrew Dickman: IfI could, I would just add a piece of information. Chairman Teele: Your name and title for the record. Mr. Dickman: Andrew Dickman, law offices at 9111 Park Drive, in Miami Shores. The ordinances that you have in terms of dealing with the status of applications, the keyword under your current ordinance is that "complete applications" are, for lack of a better word, vested, but there is a phrase in there that says "unless otherwise decreed, " so your moratorium ordinances could actually change that language and say instead of "complete applications, " say "approved applications, " so that getting in the door isn't just good enough. You have to actually go through the pipeline and get approved, and then you're -- basically you're dealing with all of those things that are happening right now, rushing in. I just wanted to put that out there for discussion. I think you do have the ability to change that definition. Instead of having complete applications, you can call it approved applications. Chairman Teele: But why would you say completed and approved? Mr. Dickman: Complete means that they've paid all their fees, they've submitted all their documents, but they are still able to go through the pipeline, but approved would mean that it -- unless it comes to you and you say yes, then it's still not vested. It only vests after they get approval from you and they get a building permit. Chairman Teele: Think about what I just said. Ms. Slazyk: Or the Building Department. Chairman Teele: What does it hurt to say complete and approved? City ofMiami Page 222 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Dickman: It's confusing, I would say. Complete and approved. You could do that. Chairman Teele: Well, I'll tell -- let me tell you the language that -- let me tell you why " approved" frightens me. Because then somebody's going to file a lawsuit and say they withheld the approval, even though the application wasn't complete. Mr. Dickman: Well, that's true, but be aware that there are a lot of cities that do what's called zoning in progress, and that the minute you start developing an ordinance for zoning, it is understood that anything that comes before them will be dealt with under that ordinance. I just - - it's a point of information. I thought I'd give it to you. Chairman Teele: All right. The attorney will rule on it. Mr. Maxwell: Well, that doesn't really deal with Commissioner Regalado's question. Chairman Teele: Does that deal with the ordinance that's before us now? Mr. Maxwell: Your recommendation, sir? Chairman Teele: No. What counsel just recommended. Mr. Maxwell: Well, it -- Commissioner Winton: What it -- it deals with the issues related to the Biscayne Boulevard Corridor because we can do all of that in the recommendation for next Thursday. Mr. Maxwell: That's absolutely right. That's been a provision that's been in the Code all the time. Unless the Commission -- complete applications go through the process unless you decree to the contrary. That's been there, but the thing is it would apply to the ordinance or the legislation then in front of you, and Commissioner Regalado's question was, when does it take effect? You could make that decree, but it wouldn't take effect. It still would be 30 days after ( UNINTELLIGIBLE) it took effect, so the thing is, you make the change; you make the declaration in the legislation in front of you, be it a moratorium or be it the changes in the land use there, and then you say when that's going to take effect. Commissioner Winton: So we'll make the change today on yours for May 6. Commissioner Regalado: So, Mr. Chairman, I would move that we -- Chairman Teele: We've already moved it and seconded. Commissioner Regalado: No, no, butt would move later on, just to get the attorney's ideas. Chairman Teele: No. We haven't moved it and seconded. Commissioner Winton: No. Chairman Teele: We've had the ordinance read and we -- Commissioner Regalado: No, we haven't. I will move it, so -- but -- Commissioner Winton: Public hearing. Commissioner Regalado: Move it. I'll move it. City ofMiami Page 223 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: As amended. Commissioner Regalado: As amended. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: Public hearing. Commissioner Regalado: OK. Chairman Teele: All right. Commissioner Regalado: But -- Chairman Teele: Public hearing. Who here is against this ordinance? We're going to hear from the people who are opposed to the ordinance, so you can put your case in chief on the record right now, sir. Commissioner Regalado: OK. Chairman Teele: Go right ahead. Everybody who's opposed to it is recognized to come forward . The ordinance that was just read. Commissioner Regalado: Mr. Chairman, just before we hear from the public, just a question to the City Attorney. Do we -- by moving this with the amendment, do we need to also do -- include a motion to bring it back on the 6th day ofMay, or that would be a separate motion? Mr. Maxwell: No. That's a direction. That would be a separate motion that you would give to staff. Commissioner Regalado: OK. Chairman Teele: After it's acted upon, then you can direct when you want to hear it. Commissioner Regalado: OK, OK. Chairman Teele: All right. Everybody in opposition, please line up and let's come forward right now. All right. Commissioner Winton: Both microphones. Chairman Teele: Both microphones. Don't let the computer frighten you. Commissioner Winton: Two minute time limit. Chairman Teele: Two -- everyone has a two -minute -- is there a lawyer here representing those persons in opposition, who wants to present a legal case? Is there an attorney here wanting to present a legal case in opposition? If not, everybody is represented as a public speaker, limited to two minutes. Luis Revuelta: My name is Luis Revuelta, with property at 2560 Southwest 27th Avenue. I'm also a member of the Planning Board, and whatever I say here today will be my personal opinion, so it should not reflect, hopefully, the views of the Planning Board. I have heard about City ofMiami Page 224 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 this issue because I am in the Planning Board, and we have some people that were aware of it. Otherwise, we have not gotten a single notification that this is happening. This item has been heard one or two times, went through the Planning Board. It's coming here today. There's no notice to the property owners. I think that is unfair. I sit on the Planning Board and I continue to hear this kind of complaint over and over again. Chairman Teele: You said you sat on the Planning Board four times. Madam Clerk, was this item noticed to the public? Ms. Thompson: This would have been from P&Z's side, and if I'm not mistaken, it was. Chairman Teele: Mr. Attorney, was it noticed? Mr. Maxwell: I believe it was. The Hearing Boards Director can indicate -- Chairman Teele: OK. I just want to establish on the record that the full notice was given to all of the citizens of the City ofMiami. Commissioner Winton: But I think -- Mr. Revuelta: I would like a clarification, because I understand when there's a temporary situation like this, no public notice is supposed to be given to the owners. I just think that it's unfair that that has not happened. Commissioner Winton: I think -- Mr. Revuelta: What is the legal -- what is the accurate legal -- Commissioner Winton: He's saying that the notice doesn't go directly to the property owner; it goes to the general public, I think. Is that -- I don't know what -- Chairman Teele: But what does that have to do with the Planning Board he keeps talking about? Mr. Revuelta: Well, no -- and even with the times it's been discussed, like today, ifI did not have the benefit of knowing -- Chairman Teele: All right. Hold it. Mr. Revuelta: -- this ahead of time, I would not know that this is being up for discussion. I couldn't oppose it. I couldn't expose my view. Commissioner Winton: He's also saying that, as a Planning Board member, he hears others complaining about the same issue relative to the individual property owners in a zone being notified, I think is what he's saying. Mr. Revuelta: Correct, and I think that's unfair -- Chairman Teele: All right. Mr. Revuelta: -- and it's happening to me now, and I'm just -- Chairman Teele: Madam Director, can you provide some amplification or clarification? Ms. Slazyk: Yes. I spoke with Mr. Revuelta about this. The -- this is a temporary moratorium. City ofMiami Page 225 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 It's not a permanent change to anybody's property on 27th Avenue, so the notice was the general notice. When a permanent change is being made to somebody's property, permanent zoning change -- Chairman Teele: Or being proposed. Ms. Slazyk: -- they will get individual notice, so as we're creating the new special district for 27 th Avenue, when that begins its public hearing and adoption process, every property owner whose zoning is going to be changed will get individual notice. Chairman Teele: Thank you. Mr. Revuelta: The second issue I want to discuss is that there seems to be an ad hoc committee to discuss this issue, as I understand it, and I have not confirmed any of this information. It's a committee of five, butt haven't been told if there's this committee. I do not know the viewpoints of the person in that committee. I think, unlike the committee that think has been put together for Biscayne Boulevard, there's a cross-section of the community in that committee, which property owners, residents, architects, planners, economists are participating in that committee. I think it's unfair that we are not allowed to participate in that committee to expose our views, if that committee exists, and indeed there's five people in there. I'd like to know what is it that we need to do to be part of that committee because -- like, again, the committee on Biscayne Boulevard, which is composed from a cross-section of the community, I think that would only be fair, so I think the findings can be appropriate. The other issue (INAUDIBLE) -- Commissioner Regalado: Can I respond to that, Mr. Revuelta? Mr. Revuelta: Sure. Chairman Teele: It's really not before us right now. The zone -- the item before us -- Commissioner Regalado: No, no, but he's asking about the committee. The committee, we discussed that on the first public hearing that we had here, that we had to defer because it had to go to the Planning Board, although it was noticed in the paper and it was a public hearing. The City Commission decided that the area Commissioner in that case -- the majority of the area -- because Commissioner Winton also has six blocks of the corridor, but the majority of the area is under District 4. The area Commissioner will appoint the members of the committee. I said publicly thatl would ask the Silver Bluff residents -- Homeowners' Association to facilitate their names. They have already -- they sent us -- they sent all the five names, and I have sent those names to the Planning Department, to the City Clerk, and there is a committee. There are five members, selected by the Silver Bluff Homeowners' Association, which, by the way, it was the entity that came to me asking for the moratorium. Mr. Revuelta: And do we know if the members of those committees have different views? Commissioner Regalado: Oh, yeah. They will be meeting with Planning Department. They will be meeting -- and all meetings, by the way, are in the Sunshine. All meetings are public. The Planning and Zoning Department will inform anyone here or my office of the first meeting of that committee, so anybody can attend. In fact, we could facilitate the City Hall venue, not this hall, but maybe the room in the back, to have this meeting, and it could be attended by anyone who wishes, but the five members of the committee are already appointed. Mr. Revuelta: And there's no property owners on 27th Avenue that are members of that committee? Commissioner Regalado: I don't know, sir. City ofMiami Page 226 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Revuelta: OK. I just wanted to know. I wanted to confirm what I had heard -- Commissioner Regalado: I don't know. Mr. Revuelta: -- and I wanted to make sure that what I was hearing was correct, but I do think that -- Chairman Teele: All right. Look -- Mr. Revuelta: -- it would be important that -- Chairman Teele: Look, you know, with all due respect, we don't need to hear your opinions. We need to hear you give us your advice on the matter that is before us. Mr. Revuelta: All right. Chairman Teele: At this point, you've taken up 5 minutes and 28 seconds, or so -- Mr. Revuelta: Well, I got -- Chairman Teele: -- for a two -minute presentation, so please make your point so your colleagues can make their point, please. Mr. Revuelta: OK. I've made two points. I want to make the last two. The compatibility on 27 th Avenue is a 100-foot wide right-of-way. A building that is 10 to 12 stories is perfectly compatible with that, and the fourth and last point is that the issue with the C-1 on 27th Avenue is not the problem. The problem is there's no buffer between the C-1 and the R-1, and the R-2. There's got to be a buffer there, and as long as a buffer is implemented, this should not be a problem, and I think that this -- if a decision is made to go through with the moratorium, I think buildings under 120 feet or 100 feet should be excluded from that moratorium, because they're perfectly compatible and I don't think it's fair that those buildings be excluded -- be included in that moratorium. Chairman Teele: Thank you very much. Sir. Yes, sir. Virgil Louis Fieber: My name is Virgil Louis Fieber. I understand that we're talking about the proposed height limitations on the property immediately adjacent to Biscayne Boulevard; is that right? Chairman Teele: No, sir. Mr. Fieber: OK. I'm in the wrong place then. Chairman Teele: No, sir. That item was deferred until Thursday? Ms. Slazyk: April 29th. Commissioner Regalado: April 29th. Commissioner Winton: What's next Thursday? Commissioner Regalado: 29th. Commissioner Winton: 29th. City ofMiami Page 227 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Fieber: I would like to say that if you want affordable housing in Miami, you may have to go higher than 40 feet. Chairman Teele: Than what? Commissioner Winton: 40 feet. Mr. Fieber: Than 40 feet, otherwise you could end up with something like Jacksonville. Chairman Teele: Thank you very much. Bert Leon: Good afternoon, Chairman and Commission. My name is Bert Leon. I'm a property owner on 2560 Southwest 27th Avenue. I just want to -- again, I'm going to repeat what Luis Revuelta said. We -- Chairman Teele: No, you're not. Please don't do that. Mr. Leon: Right. Chairman Teele: Make your point. Mr. Leon: But we are disappointed somewhat -- and I have my neighbors next to me -- that we were not notified, and we heard about this thing, and when we showed up here, there -- obviously, they were a lot more organized than the property owners, and again, I know that we live in a democracy and majority counts, but we also have a beautiful Constitution that protects our -- the minorities. We bought in this area. We were originally from Miami. We lived in the area. We came back and invested in the area back in '98. We have people that work in the area, and we think we're contributing. We're being hurt by this moratorium. We just want to make sure that you also, as elected officials, look for our interest, and also look at the condition on 27 th Avenue. 27th Avenue is not a single entity. We are about two blocks away from a rapid transit station. Twenty years ago, I worked on these stations and the ideas was -- is to have these high -density buildings take place along 27th -- I'm sorry, the rapid transit stations. Unfortunately, the only place that this can happen in the Grove Station -- it's not going to happen across US-1, it's not going to happen along US-1. It's going to happen down 27th Avenue. Again, with a different district across the street from 27th Avenue, you have an R-1 neighborhood behind -- on the -- I guess it's the west side of 27th Avenue, you have an R-2, where you have substantial denser neighborhoods and so forth, so I think all these things need to be taken into question. Chairman Teele: Sir, you make an excellent point and an excellent presentation, but understand, the item that is before us right now doesn't do any of the things that you've discussed. What it does is it simply says we're not going to accept any more applications until we come up with a plan, an overlay, for this area, and I think every point you made are the kinds of points that need to be in the input of the development of that overlay, and I'm sure that -- Mr. Leon: I understand what you're saying, Commissioner, and I understand that perhaps you're left only with a moratorium, but then, again, the -- Chairman Teele: No, no, no, no, no, no. The moratorium sunsets. Commissioner Winton: It's 90 days. Chairman Teele: In other words, it goes away in 90 days, so that's impossible. City ofMiami Page 228 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Leon: It doesn't -- it goes away, but what stays behind? We don't know, so we're scared. Chairman Teele: What stays -- Mr. Leon: We're a little bit concerned about that, and you know, if you would be in my position - Chairman Teele: And that's why you need to make your input because you have very good input. Mr. Leon: And -- right. I'm willing to do that. The only thing is, we ran into this by coincidence, and I can't stress that enough and I want it to be matter of records. Chairman Teele: Well, I apologize if you feel that -- Mr. Leon: OK, you know, and I'm all for a city -- Chairman Teele: The notice was done -- Mr. Leon: I deliver paper in the area, so I know the area very well. I love the area. We were committed to the area and we went -- came back and bought because we found that there was a great investing opportunity to invest in the city that we work in. Chairman Teele: Well, this is not a plug for the Miami Herald, but, you know, it -- we do notice it in the Herald, we do notice it in The Business Daily; is that correct? Vice Chairman Sanchez: Yes. Ms. Thompson: Not on P&Z. Teresita Fernandez: Teresita Fernandez, Hearing Boards. We notice it in the Miami Herald, which is the newspaper of general circulation. Chairman Teele: That's why I said this is not an endorsement, but we notice it there, so -- I mean, you know, we're putting everybody on notice. Read the Miami Herald;; watch for this, because that's -- Mr. Leon: I read it. I read it. I happened to miss it. I mean, that particular day, maybe I missed it. Chairman Teele: OK. Mr. Leon: I think, as a courtesy -- there's not that many property owners on 27th Avenue -- there should be a mailing, perhaps, that goes out to them because it is substantial amount. I mean, people are going to get hurt by this thing. Chairman Teele: Thank you, and please -- Mr. Leon: Thank you. Chairman Teele: -- make your input to that committee that's going to be working. Mr. Leon: We will. Thank you. Chairman Teele: Anyone else in opposition? City ofMiami Page 229 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Randall Simpson: Good afternoon. My name is Randall Simpson. I live at 4123 LeJeune Road in Coconut Grove. While I'm not going to make everyone real happy with me with what I have to say tonight, I'm a professional realtor. I work a lot in Silver Bluff. I've done more investing within that community than most people. My biggest problem with the moratorium is that there is an ad hoc committee of people that have been chosen by the owners in that neighborhood. I don't think that that committee really -- Commissioner Regalado: Excuse me. They were chosen by me. Mr. Simpson: They were chosen by you. Chairman Teele: Tomas. Commissioner Regalado: Yes, sir. Mr. Simpson: So it wasn't -- so you chose them? Chairman Teele: Why don't you extend the committee to seven? Mr. Simpson: They weren't appointed. They were appointed by you? Commissioner Regalado: They were chosen by me. Mr. Simpson: OK I don't know the -- does it matter to the board the current status of the Silver Bluff Homeowners' Association as an entity legally? Because -- Chairman Teele: What does that have to do with it? Mr. Simpson: Because the moratorium that you're frying to vote on is a moratorium that is not so much in the Sunshine as it should be. I think there's a lot of -- the neighbors who don't want to see things happen on 27th Avenue, I have respect for their opinion. I think it's not a well though out opinion. I think that there's a lot that can be taking place in discussions that are going to be omitted in the ad hoc committee that's going to be taking place. There's already been discussions with the City on what they want to come out of the moratorium that I'm not even aware of so I don't think that voting on the moratorium today is helping -- Commissioner Winton: Then how do you know that if you're not aware of it? Mr. Simpson: Because I happened to be in the City building today, the administrative building downtown today making an appointment to do something on another project, and I had a discussion with one of the employees down there and I was informed then that there had been some discussions taking place already, and I also was informed then of some of the issues that were being brought up in those discussions, and I haven't been privy of those discussions. Commissioner Regalado: I have not yet been briefed in all the discussions or any of the discussions regarding the overlay. I was given a draft. I don't -- I have not been informed when and if the meeting took place between that committee and the administration. I would like to be present -- if that is the case, is this a Jennings -- Mr. Maxwell: On a legis -- on a purely legislative item, Jennings doesn't apply. You couldn't meet with anyone regarding the moratorium, but on the text changes to the zoning ordinance -- Commissioner Regalado: On the text changes. Mr. Maxwell: -- you can. City ofMiami Page 230 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: Yeah. That's what I'm talking about, so there -- I would ask to be informed. If you call my office -- if you give us your phone number or e-mail, we will give you information whenever the committee is going to meet. As to the ad hoc committee, will be meeting with the administration. We will have a public hearing. It was -- Commissioner Winton: All of those meetings are public. Commissioner Regalado: Right. It was my responsibility. I chose these people. The homeowners' association doesn't have to do in this anything because I was the one that asked them to give me the names. I know the five people. I -- as a matter of fact, the five people have been here in many issues forever and ever that can remember, and I would ask you to participate in the meeting, butl will expand the committee, andl will not -- Mr. Simpson: Well, I'm not suggesting that. Commissioner Regalado: -- and I will not change the names of the persons that are already in the committee. Chairman Teele: All right. All right. Commissioner, with all due respect, this is your item, but we're not going to get through the day if we go back and forth -- if you debate with each one -- You just shot down my idea, respectfully. I was going to ask you to expand it to seven people but Commissioner Winton: So was I. Chairman Teele: -- I'm not going to get into frying to -- Are you in opposition? Albio Castillo: I'm neufral, believe it or not. Chairman Teele: No, no, no. Commissioner Winton: Well, then we don't want neufral. Mr. Castillo: Mine is a quick question. Commissioner Regalado: We don't want neufral. Commissioner Winton: Unbelievable. Commissioner Regalado: Albio. Mr. Castillo: Mine is a quick question. Commissioner Regalado: Albio, we don't want neufral here. Mr. Castillo: Hey, you're going to get one. Commissioner Regalado: Here you have to be on one side. Mr. Castillo: No. Mine is just a quick question. Chairman Teele: Sir, hold on. Mr. Castillo: Yes, sir. City ofMiami Page 231 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: When you get an opinion, come back. Now, listen, would the -- Mr. Castillo: I do. Chairman Teele: Will you have an opinion for or against? Don't add more confusion. I'm totally -- Mr. Castillo: Well, OK. I'm against it. How's that? Chairman Teele: All right. Can we hear from the four -- we heard from four people opposed. Can we hear from the president of the association and three other people that are representative that would like to come forward and speak in support of the ordinance? Mr. Castillo: Go ahead. I'm speaking. Chairman Teele: The president of the association, please. Mr. Castillo: What? Chairman Teele: And you just tell us who you want -- you just -- the three people that want to come up, just come up with the president. Go right ahead, sir. Mr. Castillo: OK. My question is this: With all the buildings that are in that area, what is the City going to -- tend to do about the parking? Chairman Teele: All right. Is that the end -- is that your only question? Mr. Castillo: Yeah. Chairman Teele: All right. Mr. Castillo: That's pure and simple. Illegal parkings -- Chairman Teele: I'm going to ask staff -- I'm going to -- Mr. Castillo: -- and all that. That is it. Chairman Teele: I'll ask staff to answer your question after we hear from these other fine people Mr. Castillo: That is it, sir. Thank you. Chairman Teele: All right. Lourdes, make sure you get an answer. Madam President, welcome. Thank you for being here today. Josefina Sanchez Pando: Thank you, sir. What can I do for you? Chairman Teele: Give us your name and address for the record, and tell us why you support the moratorium. Ms. Sanchez Pando: My name -- Commissioner Winton: Can't we -- City ofMiami Page 232 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Sanchez Pando: -- is Dr. Josefina Sanchez Pando, 2110 Southwest 24th Terrace, Miami, Florida. Commissioner Winton: Can't we move their testimony from last time to this meeting, so they don't have to repeat again? Commissioner Regalado: I guess. Chairman Teele: Put that on the record, Commissioner. Commissioner Winton: Can we not -- because we heard from the homeowners last time -- can we not make their testimony from last meeting -- Mr. Maxwell: No, sir. Remember, that when this item was before you the last time, it was not properly before you. Commissioner Regalado: Oh, because -- Commissioner Winton: Oh, I fried, OK. Chairman Teele: That's why I'm just trying to get some competent evidence on the record. Commissioner Winton: Yeah, yeah. I forgot. Chairman Teele: Are you in support or oppose? Unidentified Speaker: Support. Chairman Teele: All right. Ms. Sanchez Pando: OK. Now, let's see if we can get this going. We are here because as much as the persons who bought a property on 27th Avenue, so did the rest of us and the rest of the neighborhood. We've been here 10, 20 -- for myself 44 years. We like the way it is, and we are terribly afraid of the uncontrolled growth that is happening. We met Commissioner Regalado two days ago, yes, downtown at the offices. Here we have Ana; can you help me, please? Chairman Teele: Ma'am, really, let's don't get off into -- Ms. Sanchez Pando: No, no -- Chairman Teele: Let's just -- Ms. Sanchez Pando: I want to explain. Mr. Simpson asked a question about -- Chairman Teele: No, that's what I'm trying to avoid. Mr. Simpson's question -- Ms. Sanchez Pando: Oh, OK Chairman Teele: -- was totally out of order -- Ms. Sanchez Pando: All right. OK, I'm sorry. Chairman Teele: -- in the context of what's before us. Ms. Sanchez Pando: All right. It's important to control the growth because of the horrendous City ofMiami Page 233 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 amount of traffic that we're going to have in the neighborhood. The -- to be specific, the Catalonia building, with 56 units, is going to have 112 cars. The amount of parking space provided is 75. That means 40-some cars are going to go into the community right there. IfI were to come and buy an apartment there or in anywhere else, I might be thinking I have a very beautiful school; Silver Bluff Homeowners' Elementary, I want my child there, as I have mine, but you see, now the overgrowth in the school is such that we are at about 175 percent over the capacity of the school; full of portables. We need -- yeah, I heard the two minutes but didn't start talking on this right now. We're afraid we need more police, more fire, more hospitals, if people are coming in. Everything is understaffed. We don't want any more humongous buildings. We're not opposing growth. If you go down 27th Avenue right now, there's a very nice building that came up where the -- that place where they sold milk. Commissioner Regalado: Farm Store, the Farm Store. Ms. Sanchez Pando: The Farm Store was; it's beautiful. It's a building -- eight floors tall. The architecture is very nice. Nobody said anything about it, but if you have -- if you take a look at what's coming up, it's horrendous. Thank you. Please protect us. Don't let the buildings go that high. You don't want to have 16 stories right by you. It's not fair -- Chairman Teele: All right. Now -- Ms. Sanchez Pando: -- for those -- Thank you. Chairman Teele: Madam President, let me just say for everybody. We're not voting today on any of these things about the height. All we're saying now is, do we want to put in place a moratorium so that the issue can be studied. Ms. Sanchez Pando: Yes. We want a moratorium to study the height of the projects, the -- everything that's coming up. Chairman Teele: And -- Ms. Sanchez Pando: Because, believe me -- Can you give me 30 seconds so thatl -- you know how I framed it the other day -- Chairman Teele: Madam President. Ms. Sanchez Pando: -- in the Commission. When we went to study, plans were brought in front of us, and you know what? There's a law that says that the shortest amount of footage is the front of a building, so if you have a lot 50 by 150, your front is the 50 feet. Now, the person who bought that building bought every single one of those lots. Now the smallest places are 22nd Avenue -- I mean, 22nd Terrace and 22nd -- and 24th Street, and you know what? Technically, it's a lot that doesn't have a back. It has two sides and two fronts, so they can do what they please to the setbacks. Because as it reads right there, those are the things that we're doing. Taking a look at little things that -- you have a front, sir. You have a back. This building has a front. It has a back. A car has a front. It has a back. Everything that has a front, has a back, except those little details. That's all we're doing, looking at things that are, by law, by definition, it is correct. The smallest part is 24th Street and 24th Terrace, which is the front -- which is the back -- and no, no. There are two fronts and no backs. Commissioner Winton: Josefina, 30 seconds. Ms. Sanchez Pando: So the setback of that poor lady who's sitting back there, whose house is there is nil. City ofMiami Page 234 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: All right. Ms. Sanchez Pando: That's what we're doing. We're not -- Chairman Teele: All right. Ms. Sanchez Pando: -- doing anything else. Commissioner Winton: That was a lot more than 30 seconds. Chairman Teele: That was -- she's taken about seven minutes, but it's fine. Listen, she's spoken eloquently, I think, for everybody. Is there anybody that has got to make a point on this moratorium before we vote? Because I think this Commission has shown its willingness to let the process work, so -- sir, did you have a point you needed to make? David Colas: Yes, sir. I am in support and I am really glad you've taken -- Chairman Teele: Your name and address for the -- Mr. Colas: I'm sorry. David Colas, 2235 Southwest 25th Terrace. I'm really glad you've taken some action. I'm really happy about that. I have two questions, or maybe one question, and I'm - - one observation. My question is: We never got the answer on how many applications are in. Commissioner Regalado: We're trying to find out. I don't know if-- Lourdes, have you been able to get the application? If not, by Monday -- I'm sorry? Ms. Slazyk: We don't have that information right now. We can -- we'll get it, but it's not something we brought with us to this meeting. Commissioner Regalado: OK, but I promise you, by Monday, I will be sending the five members - - if that's OK. I can fry to send it also to you. The City Clerk has your address, but if you feel comfortable, by Monday, I will send all the lists of the applications that are in the pipeline, as of today, to the five members of the ad hoc committee, OK? Mr. Colas: I appreciate it. Thank you. The next one is just an observation. When you asked who was against, I saw two developers come up -- or two investors, and the thing that really surprised me was that someone from the Planning Board, an advisor, who advises on buildings being built in the area, got up in opposition. Commissioner Winton: Well, he happens to be affected because he owns property on 27th Avenue. Commissioner Regalado: Right. He owns -- and he -- Commissioner Winton: And so he has an absolute right. Commissioner Regalado: -- has all the right. You know, he has all the right in the world. Commissioner Winton: He's a property owner. He's an affected property owner. Mr. Colas: Then there might be a conflict. Commissioner Regalado: No, there is no conflict. Mr. Colas: Then there might be a conflict. City ofMiami Page 235 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: There's no conflict because -- I mean, his vote -- when that goes to the Planning Board, you know, he would have to just make up their mind or ask the City Attorney if he has any -- Chairman Teele: No, no. If it goes to the Planning Board, Mr. City Attorney -- hold up. Mr. Revuelta: I just want to -- Chairman Teele: No. No, sir. Mr. Attorney, the gentleman who came up and discussed about he was a member of the Planning Board and all that, is he -- and he owns property there, if this goes to the Planning Board, must he recuse himself? Mr. Revuelta: You were not there last night. I was there last night. I recused myself. I went on the other side and I did what the proper thing to do. I argued against it, butt recused myself on the record that I could not sit on the Planning Board. Chairman Teele: I'm still asking one question to one City Attorney. Mr. Maxwell: Thank you, sir. The answer to that question, sir, is that, generally, he would not have to recuse himself unless he had a financial interest in the item before him. If the ordinance applies to the public at -large and not to him specifically, he does not have a -- Chairman Teele: Well, if he said he owns property -- if he owns property in the affected area, that's -- Mr. Maxwell: But that's not a special benefit to him. He's one of many property owners in that area. Chairman Teele: All right. Mr. Colas: Does he have an interest, a financial interest? Commissioner Regalado: OK. OK, so whatever. Chairman Teele: He recused himself. He did the right thing. The gentleman should be commended. Commissioner Regalado: Right, right. I mean, he did -- Chairman Teele: All right. Mr. Colas: It's just a question. Chairman Teele: All right. The public hearing -- is there anybody else who has to be heard on this? Elias Mallor: Yes. Chairman Teele: Yes, sir. Mr. Mallor: My name is Elias Mallor, 1849 Southwest 24th Street. I'm a realtor who works the Silver Bluff neighborhood. I wanted to make a point, then ask the Commissioners to vote in favor of this moratorium just to study the impact of traffic, schooling, resources, and the effect of the rights of owners who are adjacent to these properties. Thank you. City ofMiami Page 236 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Anyone else who needs to make a point that has not been made? If not, the public hearing is close -- Yes, ma'am. Terri Morales: Yes. He was referring to adjacent -- Commissioner Regalado: Your name, your name. Chairman Teele: Your name. Ms. Morales: My name is Terri Morales and I live in the house adjacent to the proposed Catalonia at Silver Bluff. My concern is not just cars, but it is cars because -- Chairman Teele: No, no, no, ma'am. Do you want -- Commissioner Regalado: Terri, let me -- (UNINTELLIGIBLE). All that will be addressed during the moratorium. Ms. Morales: OK. Commissioner Regalado: We are here deciding only the moratorium to start -- Ms. Morales: Oh, OK. Commissioner Regalado: -- all the -- Ms. Morales: I am in favor. I wish that it -- there would be something better than a moratorium just to stop it altogether, but, yes, I am in favor of the moratorium. Chairman Teele: OK. The issue is the moratorium. Are there any other persons in opposition or in support? If not, the public hearing's closed. Commissioner Regalado, for a motion. Commissioner Regalado: Mr. Chairman, I move that we approve a 90-day temporary moratorium for -- Chairman Teele: This is PZ -- Commissioner Regalado: -- PZ.22, that this will establish a 90-day temporary moratorium on the acceptance of applications for new buildings located on the Southwest 27th Avenue Corridor, from Coral Way to US-1. Chairman Teele: With an effective date to be immediately upon second reading. Is there a seconder to the motion? Vice Chairman Sanchez: Second. Chairman Teele: Is there discussion? Commissioner Winton: Discussion. Oh my goodness, Commissioner Regalado, I wish you wouldn't have said the one thing that you said. I do have a concern about the make up of the committee, in that the committee that was put together for the Biscayne Boulevard had obviously single-family resident owners, it had commercial owners along the boulevard, it had planners and architects; the lawyers were involved. Anybody who has a special expertise that could come to the table so that you could hear all the points of view. City ofMiami Page 237 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: We have a planner and we have an architect. Commissioner Winton: Well -- Unidentified Speaker: And a judge? Chairman Teele: And an engineer. Commissioner Winton: Excuse me. Y'all -- Commissioner Regalado: No, but understand your point and, you know, I said that because we discussed, on the first round, the make up of the committee, and I said publicly, you know, we are going to ask the Silver Bluff Homeowners' Association. However, if you think -- and you also have been supportive of this and you have like -- you correctly said, six blocks on the west side of 27th Avenue -- what we can do is have a representative go directly to Planning and place the input -- their input in their meeting. Commissioner Winton: Yeah. I think, if you just encourage input from different -- Commissioner Regalado: I will. Commissioner Winton: -- all the different interests, then we get to the right answer. If the interest is limited to a niche or a side, then you usually don't get to the right answer that allows us to move forward, so I'm just encouraging that, and if you are willing to do that, I'm going to obviously -- because you know I'm in favor of doing this. Commissioner Regalado: Of course. Commissioner Winton: So I just want to make sure that we get good, rational people who represent all the different interests at the table. I also will tell you that kept some people off the committee. I might have removed a couple of people from the committee because I didn't feel that they were taking into consideration the greater good thought process. They were focused simply on their piece of property, and I said that's not what I'm interested in. You know, we want people who are willing to think about the greater good, not their own individual piece of property, and I think it worked out pretty well. Commissioner Regalado: But, hopefully, when we have this overlay, we will have your input because you really understand zoning and real estate and, hopefully, there will be a very lively debate, and I -- like you said, I really encourage those who have properties to go through the Planning Department in order to offer their input regarding this. I would also like to, just once or twice, be there --Alicia, ifyou can please let me know -- because I just wanted to see the way that the committee, and the Planning Department, and the property owners are interacting, and I would like to be there, so ifyou tell me, I would love to attend the next meeting. Chairman Teele: 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, 5/0. Commissioner Regalado: OK. Mr. Chairman, the next motion is to bring back this ordinance on May the 6th, with an immediate date of -- City ofMiami Page 238 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Effective date. Commissioner Regalado: -- effectiveness. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor -- Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Regalado: Thank you. Thank you. Chairman Teele: Ladies and gentlemen, thank you all very much. Thank you for your patience. Vice Chairman Sanchez: Mr. Chairman, before we move on on the item and as they clear out -- Chairman Teele: On what item? City ofMiami Page 239 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 SUPPLEMENTAL AGENDA DISTRICT 3 VICE CHAIRMAN SANCHEZ SI.1 04-00435 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING $3,000 TO SISTERS & BROTHERS FOREVER, INC., TO SUPPORT A COMPUTER INSTRUCTION PROGRAM TO DISADVANTAGED AREA RESIDENTS; ALLOCATING FUNDS FROM DISTRICT 3 ROLLOVER ACCOUNT NO. 001000.920918.6.930. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0280 Chairman Teele: DI.5, we've -- have we voted again to -- have we voted for the May 6th -- to reinstate and to state the May -- Vice Chairman Sanchez: Mr. Chairman, before we do that, there's one item, SI ]. Chairman Teele: Well, that's -- OK. SI1. Vice Chairman Sanchez: Yes, which is a resolution -- Chairman Teele: Sisters and Brothers Forever. Vice Chairman Sanchez: Right. It's a resolution of the City ofMiami Commission providing support in the amount not to exceed three thousand dollars for Sisters and Brothers Forever, Inc. , 1925 Southwest 18th Street, Miami, Florida, 33135 for establishing a computer instruction program to disadvantaged area residents from District 3 rollover account. So moved. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. SI.2 04-00436 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING $40,000 TO FLORIDA VENTURE FOUNDATION, TO SUPPORT THE CREATION OF AN INITIAL PROGRAM FOR ON -SITE CONSTRUCTION TRADE TRAINING TO DISTRICT 3 MIAMI SENIOR HIGH SCHOOL STUDENTS; ALLOCATING FUNDS FROM DISTRICT 3 ROLLOVER ACCOUNT NO. City ofMiami Page 240 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 001000.920918.6.930. Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Teele Absent: 2 - Commissioner Gonzalez and Regalado R-04-0265 Vice Chairman Sanchez: We have representatives from the Florida Venture Foundation, Alina Delgado, who is here. I'd like to have you come up and just speak -- Chairman Teele: Oh, I apologize, Commissioner Sanchez. Vice Chairman Sanchez: No, no, it's -- the homeless issue is an important issue to us. Mr. Chairman, as Commissioners, we have many duties. You know, we attend many meetings and we attend many events, but when it comes to helping the lives of our youth and impacting their lives, it's something that really is humble to me and all of us, and this is a great opportunity for us to help seniors in high school, and once again, I have to say that for Miami High School, so frying to start this program, maybe other Commissioners can adapt to it, because I know it's a great program. These kids, you know, we know that not all of them are going to go to law school or going to go to med school, and there's a lot of trade out there in the building trade, construction trade, and they could be skilled, because we all know that good plumbers make a lot of money, and electricians make money, too so -- and carpenters, too, so having heard about this great program, it's -- I wanted them to come on board and explain it to you, and then I have a resolution thatl would like to present for passage. So, Alina, you are recognized, and thank you so much for being here. Alina Delgado: Thank you. Thank you for having me here. My name is Alina Delgado, Florida Venture Foundation, 782 Northwest LeJeune Road, Miami, Florida, 33126. We have a program that's called the Youth Build Outreach Program. This program is to help the disadvantaged children, the disadvantaged young adults, whether they are seniors or juniors. We're starting to do this program where we can take them from the disadvantaged communities and place them in the construction field. It's a very lucrative field, OK? I'm going to give you a little background on the program, but in order to do that, I would like William Delgado to come up so that he can tell you how this program started. Vice Chairman Sanchez: Well, everything has to go through the Chair, so you have to address the chair. William Delgado: Good morning, Mr. Chairman and maybe -- members of the Commission, my name is William Delgado with offices at 450 Northwest 7th Street -- I'm sorry -- 782 Northwest LeJeune Road, Suite 450. First of all, I'd like to say thank you to Commissioner Sanchez and hello to my old friend, Commissioner Teele and Commissioner Winton, and I'm hoping to develop a good relationship with you in the future. We haven't had the chance to really meet each other, but the ones that we've been in this County for a long time, we know two things. We know that people that are employed, even the County, the School Board that employ construction people are, in the large percentage are bringing these companies from out of state, and these companies are bringing their own crews from out of state, OK? This is how this started. This is how this thinking started, together with BBA (Black Builders Association), so what happened is that the money that these people get paid, where does it go? It goes out of state. The basic in town is that only 12 percent of our kids that finish high school go on to college, and I was one of those kids. I never really liked the books, and I came to this country, I came to the City of Miami, living on 8th and 11 th, when I was 17. I (UNINTELLIGIBLE) and sometime around when I was 30-some years old, someone came to me and offered me an opportunity in the construction industry. Well, I don't want these kids to wait until they're 35 years of age. I want City ofMiami Page 241 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 these kids to hear about the opportunities in the construction industry when they are ready to leave high school, and they know in their own mind that they are not college material, and if they are, we are the first ones to say, God bless you, go on to be an engineer, an architect, a doctor, an attorney, whatever else you'd like to be, but if you don't, ifyou're like me, who knew when I was 13 years of age that was not going to be an attorney, then there is an opportunity where you can make fifteen, sixteen, twenty dollars an hour, and you don't have to do other things in life, and again, I'd like to thank Commissioner Sanchez for giving us the opportunity to do that. I would like to speak to all the Commissioners individually to explain, explain what the vision is, because the vision is not just to outreach these kids, because you don't do anything by outreaching these kids. The vision behind this is I have already been talking to the unions, to non -union shops, like ABC and they're going to train these kids cost free. They don't cost them any money, and then they will return it to us, and we will do the placement. Until that takes place that we're able to place all these kids in a job, we have not done our job, and I think I'm going to need the County Commission to help me on that, I need the Miami City Commission to help me on that and it is to at least have a goal that is a local goal, so kids from your disfrict, from your district, from your district that are involved in this program, once they finish to get trained, they will have a job with the people that -- you guys are actually giving the job to and the opportunity to work in the City ofMiami. Thank you very much. Ms. Delgado: Thank you very much for having us, and we hope that you all come on board to partner with Florida Venture Foundation in this tremendous, helpful program. Thank you. Vice Chairman Sanchez: Thank you. Mr. Chairman, it's all about giving at -risk teens an opportunity to provide a marketable skill and possibly an entry job -- an entry job. Let me just tell you, you know, when I went through high school, I was blessed to work for the same gentleman for three years when I was going to school, and I believe that had such a positive impact on me, and I know that knowing the history of all the Commissioners here, I don't think anyone was born with a silver spoon. We all had to make sacrifices, and some of us more than others to succeed and get to where we're at today. This is a great program thatl would like to take the leadership and support, so what would like to introduce is a resolution of the City of Miami Commission providing support in the amount not to exceed forty thousand dollars to the Florida Venture Foundation, which is located at 782 Northwest LeJeune Street, Suite 348, Miami, Florida, 33129, to help create and initiate a program to provide on -site construction trade training to District 3 Miami Senior High School students from the District 3 rollover account. So move. Commissioner Winton: Second. Chairman Teele: Discussion. William, I really would urge you to get to know Commissioner Winton. His staff -- and under his leadership, I've been and out -- have been working with a lot of the developers in the downtown area in his disfrict that -- frying to come up with non - mandatory but very effective ways to do just what you're talking about doing, to basically fry to figure out how to get some of the development opportunities to use workers. I think you are very kind. I went over to one of the hotels and everybody on that job site was from out of this City, out of Dade County. I mean, the -- a lot of people from Tampa, believe it or not, but it's just unbelievable, and yet, the City ofMiami is the poorest city in America. Commissioner Winton: Right. Chairman Teele: I put an item on the agenda today. I didn't realize it was going to cause so much controversy, and Commissioner Winton, I can't -- you know, the sunshine law doesn't allow me to talk, butt wanted to know, regarding this development issue that's on the supplemental, Midtown, one issue. I had one question, one issue, and all of a sudden, it got blown into a thousand issues. How are we going to be able to try to impact through any development dollars -- in other words, if we're going to -- I'm for volunteer programs, for non -governmental City ofMiami Page 242 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 programs, but if we're giving up money such as a 108 loan, such as a CDD (Community Development dollars), I want to know how are we tying in the very thing that you're talking about, so I'm going to be looking for ways to join in with Commissioner Sanchez in terms of this program, getting to know it better, and maybe make it citywide, because I think we've got unions that are out there, I think we've got non -unions, I think we've got philanthropic, and there's no shortage in the need, and we need to support you, and I know you and I now of your moral uprighteousness, and I'm just delighted that you're working with Commissioner Sanchez. Mr. Delgado: I thank you very much, Chairman Teele. Let me tell you how -- take two seconds and tell you how this actually started. This started because someone walked into my office about three years ago and asked me, how are you letting your people know about opportunities in the County, opportunity at the airport, opportunity at the City ofMiami that they can work and bid on these opportunities? And I said, you know, 50 percent of my people are doing the reservation work, but there's other people out there that through the years, I got to meet that would love to work in County work, or City work, or South Florida Water Management, or DOT (Department of Transportation), and they're not getting the opportunity, because all these bodies are hiring public relation firms, and I'm going to tell you exactly what they do, Art. They come to my office, they go to BBA, and they say, are you interested in knowing more about what DOT is going to do? Yes. Sign here on the bottom line. Give me your logo, and in every piece of paper they put out, they say they're working with the Latin Builders, they're working with Black Business Association, they're working with Tools for Change. Well, actually, they're not working for anybody, because by the time you get the paperwork in your office, the bid is already outdated, and this is in the black community, this is in the Hispanic community, this is in all communities, so what we did -- what we did to attack the South Florida Water Management issue was we created a partnership between BBA and Florida Venture Foundation, and we're glad to say today that when we went in -- and as you know, it's only these two bodies there. They have many other organizations involved, but the percentage of minority working at the South Florida Water Management was 1.1 percent. Today, it's over six percent, so what they did, they hired the people that had the expertise in the market, who had the relationships -- like I say, you know, relationships are not built in a year. We've known each other for 13 years in order to build -- and I know for Joe for over six years, and I hope to get to know Commissioner Winton for many, many more years -- are built on trust, are built on what you have done in the past, your track record and so on, so we're not going anywhere. We've been here for 42 years. We still got to see each other every day, and it's really a pleasure to receive that kind of compliment from you, so if you'd like, I'll give you each individually -- I know the sunshine law prohibits that, and we'll set up a meeting and we'll explain to you what we did for the South Florida Water Management that you can work with in the City ofMiami. Chairman Teele: It'll be very helpful. Vice Chairman Sanchez: All right. Mr. Delgado: Thank you. Chairman Teele: On the motion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? And just so that -- for full disclosure, Mr. Delgado, during the entire term that I served in the County Commission was the muscle man, the iron man -- what was the title? -- the Executive Director of the Latin Builders. Mr. Delgado: I'm still. Chairman Teele: Huh? City ofMiami Page 243 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Mr. Delgado: I'm still, Art, the Executive Director of the Latin Builders. Through the Latin Builders, I have been able to learn all the issues that really are in the construction industry, and Alina Delgado is my wife, and worked for the Beacon Council for about five years, learned how to deal with a lot of governmental agencies, is now the person who is delivering all this service through Florida Venture Foundation. Chairman Teele: We're delighted for the partnership -- with the partnership. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. SI.3 04-00438 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF $2,000,000 FROM THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT DISTRICT 5 QUALITY OF LIFE BOND FOR A FOOTBALL/SOCCER MINI -STADIUM WITH A SEATING CAPACITY OF APPROXIMATELY 5,000 TO 6,000 TO BE LOCATED IN THE DISTRICT 5 AREA; FURTHER AUTHORIZING THE EXPENDITURE OF $1,000,000 FROM THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT RANGE PARK BOND ALLOCATION, FOR TOTAL PROJECT COSTS NOT TO EXCEED $3,000,000. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER item S1.3 and add it to the call of the April 29, 2004 Special Commission Meeting; further directing the administration to attend the April 27, 2004 Homeland Defense/General Obligation Bond Oversight Board Meeting and discuss the funding and site plan for the the proposed football/soccer mini -stadium with the board and report back the Board's findings to the Commission at the April 29, 2004 Special Commission Meeting. (See SI.4 for minutes.) SI.4 04-00442 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ("FUND") ENTITLED "DISTRICT 5 MINI - STADIUM FUND," AND APPROPRIATING SAID FUND WITH PROCEEDS GENERATED FROM THE FIRST FOUR YEARS OF OPERATION OF THE MINI -STADIUM (FOOTBALL/SOCCER) TO BE LOCATED IN THE DISTRICT 5 AREA, SAID PROCEEDS FROM THIS FUND WILL BE USED TO REPAY, TO THE EXTENT IT IS FINANCIALLY FEASIBLE, THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT DISTRICT 5 QUALITY OF LIFE BOND. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER item S1.4 and add it to the call of the April 29, 2004 Special Commission Meeting. City ofMiami Page 244 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Where is the Budget Director on these rollover accounts? Where's the Budget Director? Commissioner Gonzalez: He's frying to figure out how he's going to save money. Chairman Teele: OK. Mr. Parks Director, while we're here, can we get and can we -- Commissioner Regalado: I'll move your -- Chairman Teele: It's my intent to defer these two items because of the request from the -- Javier Fernandez (Acting Parks Director): Bond Oversight. Chairman Teele: -- Bond Oversight, but has this matter been fully staffed, and is there a full discussion with the Planning Department and Capital Improvement and is everybody on board? And, Mr. Manager, I need to make sure that everybody's on board with this. There is a huge problem that we've got. Where is Marcos, the Purchasing Director? There is a major problem going on with reference to steel, worldwide. The Chinese are buying up all of the steel. Commissioner Gonzalez: That's right. Chairman Teele: Everything that has steel in it, the prices are going right through the roof. Now, the way that Mr. -- the previous director had laid this out, we'd be buying off of the County contract. However, the vendor has notified us that they are not holding those contract prices after May 1st. In other words, we've already had cancellations of contracts relating to bleachers in Gibson Park because of steel prices, so I want to make sure that the Planning Department and Capital Improvement -- because it's always this issue of somebody didn't talk to somebody on the parking spaces, on the design or something, and has all that been done, Mr. Parks Director? Mr. Fernandez: Again, Javier Fernandez, City ofMiami Parks Department. My understanding, based on my conversation this afternoon with Mr. Corrada is that the site plan has been reviewed with your office and I believe Capital Improvements at this time. Chairman Teele: What? What did you say? Mr. Fernandez: Again, as I stated, I believe that the site plan was initially reviewed with your office and as well as Capital Improvements at this time. I'm not aware of any discussions with Planning. I can inquire and get back to you. Chairman Teele: But, see, this is the problem. The main thing that you get into with this stuff are planning issues, like number of parking spaces, where you're very flexible on a park. I know that. We all know that, but we've got to make sure that this thing is presented properly. For example, it's my understanding that the Bond Oversight Committee said, "Well, why are you spending money from the park for an improvement like this?" Well, one of the main reasons is you've got to do the infrastructure and the infrastructure, like parking, is going to benefit the whole park, but there was nobody there to explain that. Mr. Fernandez: I've just been informed that Planning has reviewed the existing site plan, and that it does conform with our parking requirements. Chairman Teele: Just so that my colleagues are clear, what we asked about four months ago was for the Manager to identify, anywhere in District 5, at a park, a place that could host a mini stadium to take some of the pressure off of -- City ofMiami Page 245 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Unidentified Speaker: Curtis. Chairman Teele: -- Curtis. All of the things that we've got going right now, there's only one park in the City really that has some kind of accommodations. We committed -- I committed money from the Quality of Life for that. I thought it would be Hadley Park, but neighbors will not tolerate anything like this in Hadley Park, so we're talking about building a flexible facility that will accommodate football, or cricket, or soccer, dah, dah, dah, dah using a County contract, and the estimated cost is about two and a half, three million dollars, as I understand it. Mr. Fernandez: Just over three million dollars. Chairman Teele: OK. So that's where we are and where we're going, and I want my colleagues to be aware of what we're talking about because it's scheduled now to go before the Bond Oversight Committee on Tuesday, at 6 p.m., and I would hope that the Planning Department, as well as the Capital Improvement and Parks will all go in and explain exactly what's happening and why we have those dollars in those parks. Commissioner Regalado: Bring it back the 29th. Chairman Teele: And then we would bring it back, and ask that this item be deferred for the Commission agenda ofMay 6th. Commissioner Regalado: No, 29th. Vice Chairman Sanchez: Second. Chairman Teele: No, no, May 6th. Commissioner Regalado: Hey -- Chairman Teele: The 29th meeting is -- Commissioner Regalado: -- 29th. The Bond Oversight is going to be on Tuesday, you can bring it back on Thursday, and you can still have time to tell the vendor before May 1st. Chairman Teele: If you would do it. Is there a motion to that effect? Commissioner Regalado: Motion to bring back, on the 29th, the special meeting -- Vice Chairman Sanchez: Discussion issues. Commissioner Regalado: -- the issues of the mini park -- Chairman Teele: It shouldn't be a discussion. It's just taking a resolution and approving it. Commissioner Gonzalez: Second. Commissioner Regalado: After -- with the results of the Bond Oversight, and please ask the Bond Oversight not to defer because it's on a time constraint. Mr. Fernandez: Well do just that. Chairman Teele: Motion -- Commissioner Gonzalez: Second. City ofMiami Page 246 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: -- and seconded. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The thing that makes me real nervous, Mr. Manager, it appears, when I go through and ask staff for questions about the questions at the Bond Oversight Committee, it was like nobody really was prepared to answer it in a comprehensive way. For example, the need for parking at that facility in any event; the fact that steel prices are going up and they don't need to play around with this kind of stuff, because we're going to have a problem all over this place right now on steel. Commissioner Gonzalez: I was talking to a general contractor today, reference to construction material and I was informed that the prices on steel have increased from three hundred and eighteen dollars a ton last year to three hundred and eighty-seven dollars last week -- I'm sorry, to six hundred and seventy-eight dollars last week. Vice Chairman Sanchez: We're in the wrong business. Commissioner Gonzalez: And it is increasing on an average of seventy dollars a month. Vice Chairman Sanchez: All right. Chairman Teele: All right. Next. So -- Commissioner Regalado: You're kidding. Ice cream is going up, too. Commissioner Gonzalez: I'm going to start collecting steel on the street. I think I'm going to make -- Commissioner Regalado: Aluminum. Commissioner Gonzalez: -- more money. Aluminum. Chairman Teele: So that was -- SI. 3 and 4 were deferred to the -- Commissioner Regalado: 29th. Chairman Teele: -- 29th agenda. Commissioner Regalado: Yes, sir. DISCUSSION ITEM SI.5 04-00443 DISCUSSION ITEM DISCUSSION REGARDING AN INTERLOCAL AGREEMENT AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE MID -TOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT. 04-00443- email.pdf 04-00443 - presentation.pdf DISCUSSED A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, to add to the call of the April 29, 2004 Special Commission Meeting, a City ofMiami Page 247 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 proposed resolution authorizng the City Manager to execute an inter -local agreement with Miami -Dade County, Florida, and the Midtown Miami Community Development District and authorizing the City Manager to prepare a "Finding of Necessity Study" for the district. Direction to the City Manager by Chairman Teele to provide a chart to show the specific responsibilities of the two proposed developers of the Midtown project and a flow chart showing the economic incentives for commitment, compliance and oversight on the hiring of residents from Wynwood, Little Haiti, Overtown andAllapattah. Direction to the Administration by Vice Chairman Sanchez to meet with each Commissioner individually to answer any questions they may have about the proposed Midtown Miami Project and provide any additional information they may need. Chairman Teele: All right. Mr. Vice Chairman, I am going to yield to you. I had asked that an item be placed on the agenda for 4 o'clock today, item -- a discussion relating to the interlocal agreement, and I would yield and ask to be recognized. Vice Chairman Sanchez: All right. Mr. Chairman, you're recognized. Chairman Teele: Commissioner Winton, the Sunshine law doesn't allow me to discuss with you where this is or where this is going. I placed this on the supplemental agenda for the purpose of trying to get some clarity on one specific point. Unfortunately, sometimes when you ask a question, everything starts rolling out -- Priscilla A. Thompson (City Clerk): They haven't finished. Chairman Teele: -- and I've hearing more variations of whatI'm doing, what my intention is. I mean, you know, this town is so full of rumors and mischaracterizations, it's unbelievable, but let me just say for the record to you, Commissioner Winton, I have taken a lot of time to try to understand the economics of development in this city, and I want to express my appreciation to the diversified -- what's the name of the group? Diversified Realty component that has made their chief economist available. I've got at least three educations in one meeting. Mr. -- Dr. Fishkind, who is truly, I think, a professional, a former University of Florida -- we won't hold that against him -- professor, but I just wish that Dr. Fishkind could meet with every member of this Commission, one on one, to just sort of talk about economic trends, not in -- on this project, but economic trends in the nation, and economic trends in Florida, and where Miami sort of fits into this because we tend to always pat ourselves on the back and say that we're the hottest thing going. We're not the hottest thing going. Commissioner Winton: We're not? Chairman Teele: No, not by a long shot. Washington, D.C. is, apparently. Commissioner Winton: Oh. Well, that's the seat of national government. It always will be. Chairman Teele: But absent that, we probably are the top thing going in the south. Commissioner Winton: Shrinking government. Chairman Teele: And, certainly, we're the top thing in Florida, according to my interpretation of Dr. Fishkind's comments. My discussion with Dr. Fishkind was largely, Commissioner Winton, around how can we take some of the things that you and I have been working on and talking about, relating to job creation, job expansion and, particularly, how can we work beyond the rhetoric to deal with the number one problem in this city. The number one problem in the City ofMiami today, in my opinion, is this scarlet letter that we hang around our neck saying " City ofMiami Page 248 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 the poorest city in the nation," based upon the 2000 census, and that is not discussion for the Chamber of Commerce. It's just a fact. This Commission, the Mayor, we've all taken a lot of initiatives. We set aside a million dollars or so to deal with poverty initiatives. We've dealt with the Earned Income Tax Credit. There's a lot of things going on, but if the development in this city is as hot as it appears to be, I think one of the things that we can do on a voluntary basis, generally, but in the cases where government monies are going in, is work to fry to get jobs, particularly jobs in the surrounding area, to be a part of the development plan. The Raphael Hernandez CDC (Community Development Corporation), which technically, Commissioner Winton, you represent, but all -- because they're on the east side of the disfrict line, but all of their projects are in my disfrict, on the west side of the district line, straddles this whole -- Commissioner Winton: Right. Chairman Teele: -- 50-acre FEC (Florida East Coast) property and yet when I call them in and say what are you all doing and how is this really working, nobody's even contacted them. The Chamber of -- the Puerto Rican Chamber of Commerce, which is very much involved in this process, is also expressing concern, and so -- Commissioner Winton: Well, I'm going to have a chitchat with them because if that's what they've said, they're in deep, deep with me, because that is absolutely unequivocally not the fact. Raphael Hernandez may be -- Chairman Teele: Raphael Hernandez -- Commissioner Winton: -- but the Puerto Rican -- Chairman Teele: -- and I had lunch. Commissioner Winton: -- Chamber of -- I said Raphael Hernandez may be, but the Puerto Rican Chamber of Commerce is absolutely not. I know specifically that members of this team has met with them several times, and I've met with them on this project personally, so -- Chairman Teele: Well -- and my -- Commissioner Winton: -- I'm not happy about that. Chairman Teele: Commissioner Winton, and my concern is not just the meetings, because I've been here in this town long enough to know that everybody's for something, and then the problem with these gentlemen agreements is when there's a disagreement, you can't find the gentlemen, so from my vantage point, if we're going to talk about creating a CDD -- which I strongly support, on the surface, the concept. I strongly support the concept -- we really need to tie in something related to job development and hiring -- first hire agreements, as it relates to the neighborhoods, and I wanted to say the Raphael Hernandez CDC, which I don't represent -- it's not in my district, per se, but I do represent a large number of the people there. Because there is three -- there's three clear communities that we don't want to pit against each other, Commissioner Winton, in this. We have the Puerto Rican and the Hispanic community. We have Allapattah on the extreme western part of this, which is largely Cuban and, in my judgment, the dominant community, which is just to the north, is the Haitian community, and what I -- one of the things that I wanted to put on the table, in terms of this whole concept, is that our efforts have got to be proactive and reach out to all three -- of three of those communities in particular. Commissioner Winton: I want to correct a point I made. I met with Raphael Hernandez today on a totally separate issue with CD (Community Development), and Raphael Hernandez ( UNINTELLIGIBLE), told me today, with her board chairman, that about -- and it was a side part of the conversation, which is the reason it kind of went over my head -- about a commitment City ofMiami Page 249 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 that they have from Midtown Equities to build affordable housing in the neighborhood, so I'm going to get them on the phone right now also and see if I'm missing something here. Chairman Teele: OK. Let -- but, Commissioner, I don't want to get into a he said, she said. Let me just say this. There is a commitment out there on affordable housing that came in from the County that is tied to a 108 loan for Midtown, but you know and I know that the Midtown component of this appears to be the second component. The first component appears to be the diversified component, which is where the real dollars are, and particularly, where the jobs are, where the jobs are, Johnny. Commissioner Winton: Right. Chairman Teele: And, you know, the commercial is going to generate 20 to 30 to 40 times more jobs -- Commissioner Winton: Right. Chairman Teele: -- long-term jobs than the residential, and so I thought Dr. Fishkind was extremely helpful. I asked him, gratuitously, if he would take my concerns under advisement, would he look at something that would be sort of voluntary. That was before we really got heavily into the CDD, and what wanted to just say on the record, three things: One, let's don't play communities off communities. Clearly, the Hispanic community, led by the Puerto Rican community, is the community most adjacent to this project, without getting Raphael in your gun sight, and the -- that CDC, which is having a difficult time right now, could play a very valuable role, I think, in helping with this. We also have the Cuban community on the Allapattah side, which is a tremendous resource in terms of job opportunities and, of course, the Haitian and black community, which is everything north of 36th Street, essentially is Little Haiti, and so -- Commissioner Winton: Overtown south. Chairman Teele: And Overtown -- Commissioner Winton: Nine blocks. Chairman Teele: Overtown south, it's 36th Street, 20th Street. Commissioner Winton: Well, it's -- 29th Street is a southern end of this project. You've got a 9- block area. Chairman Teele: 29th Street to 15th but, you know, not to leave out Overtown at all, butl do think the sphere of influence is clearly the Haitian community, the Puerto Rican and the Cuban community, and my concern is, if the 108 is not going to go forward, because apparently everybody had attached -- or the County had done an outstanding job as I read everything. They had attached a series of initiatives to the 108, and when I asked the question about where are we on interlocal agreement, it was silent, as it relates to this, and I don't want to get into a big drama about it. I don't even know why all these people are here, candidly, and -- but thank you for coming, especially those of you from out of town but, Commissioner, what want to be very clear on is that think this Commission needs to speak very clearly on the CDD; that we have to have some real commitment and real teeth to a job hiring program, not only in the construction job, because those are the 18-month jobs, 2-year job, but on the long-term, and I think it needs to be voluntary, and I don't see -- is Dr. Fishkind here? I don't see him here, but he said he was going to look at some models across the country, and I just can't pay compliments enough to the principles of Diversified for making Dr. Fishkind available. He is fruly a professional and so, Commissioner Winton, because we weren't going to have a Sunshine Law meeting, I wanted to be on the record in support of the project, but supporting the project with strong, strong, strong, City ofMiami Page 250 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 with teeth commitments to support the kinds of things that the County had put on the table in the 108, and apparently the 108 may or may not go through, but I think it needs to be a part of an interlocal agreement, and I think those commitments need to be City ofMiami specific to the extent they can, and they need to have some funding sources to ensure the oversight, and the collection of data, and all of that. That's been always the big thing that falls out. We can't get data on the Performing Arts Center, good data, you know, because nobody -- no outside entity is responsible for keeping data on that, and I just would like to be on the record as supporting that, and candidly, I am very, very encouraged about the development potential here, so with that, Commissioner Winton, I wanted to say that to you, to my colleagues on the Commission, to the staff and to the public, and I -- now I understand the City has a presentation to make, and I don't know if that presentation is ready but, you know -- Commissioner Winton: And ifI may, I think that what the City Administration is going to do is give all of us kind of an up -to -minute update in terms of the negotiations and the economics of this deal, and the impact on our city. We won't be taking any action today. We anticipate taking action on this entire item at the special Commission meeting next Thursday; is that not correct? Linda Haskins (Chief Financial Officer): Yes. Yes, sir. Chairman Teele: Has that been put on the agenda for Thursday? Commissioner Winton: I'm hoping so. Ms. Haskins: We would ask for a motion for that. Chairman Teele: All right. Ms. Haskins: My name is Linda Haskins. I'm the Chief Financial Officer at the City ofMiami. We wanted to give an update on the Midtown Miami Project and where we stand in the negotiations, and what's coming down the pike over the next few days. We anticipate finalizing an interlocal agreement, all language items this evening. We will get drafts -- draft interlocals -- the draft interlocal agreement to the Commissioners for their review, and we will be available any time you want to meet to go through it but, first, what I wanted to do is give you some background information on the project, which gives you a little bit -- quite a bit of background on how we were looking at the economics of the transaction, and what it can do for the City of Miami, and this project really starts in November of 2002, when the FEC Corridor Strategic Redevelopment Plan was adopted by this Commission, and the purpose of that study was to come up with a rational plan to redevelop one of the most economically challenged areas in the City of Miami. That study took approximately one year. It was a community process -- two years, two years -- and they -- as a result of that study, some interesting information came in the -- Chairman Teele: You cut her off. Ms. Haskins: Hello? There. The study showed that based on census information, nearly 20,000 jobs had been lost in the FEC Corridor in the 1990s. Commissioner Winton: Can I -- I've seen this three times (UNINTELLIGIBLE). Ms. Haskins: Yeah. Commissioner Winton: It started with the Mayor's -- Ms. Haskins: Right. Commissioner Winton: -- City -- State of the City address. City ofMiami Page 251 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Haskins: Right. Commissioner Winton: That's 80's, not 90's. Ms. Haskins: OK It's -- OK Commissioner Winton: So could we get that corrected? Ms. Haskins: Sure. The per capita income in that area was something like nine thousand, one hundred and twenty-seven dollars. The per capita income was at 42 percent of the national average. The poverty and unemployment rates were significant; 42 percent unemployment rate, and we see that continuing today in our census tract information that we look at in community development, and those poverty and unemployment rates tend to be multiple times of national averages. In the study, the 56-acre FEC railway yard was identified as the key to revitalization of the area, because it was such a large fract of land that had not been developed, and because it had contributed to -- significantly to the blight in the area for many years, and the rail yard blight didn't just affect Wynwood. When you have blight of this size, 56 acres, in a small area, you know, in a -- in this confined area, that spillover effect goes to all the neighboring areas, whether it'sAllapattah, the Design District, Overtown, the Biscayne Boulevard Corridor. In its conclusions, the FEC Corridor Study said that any development on the FEC rail site needed to be integrated in the community, if we wanted to look to maximum economic revitalization of the area, and with the Midtown Miami Project, we have the ability to implement the centerpiece of the FEC Corridor Study. In December 2002, Biscayne Development Partners purchased the 56- acre FEC rail yard for thirty-five million dollars, and shortly after that, they purchased the adjacent Chiquita Banana site for seven million dollars. I want to give you a little bit of background of the developers that we're talking about here. Biscayne Development Partners is a partnership. The general partner is Midtown Equities, which is a private investment management company for the Carrie family assets. They own a 24 percent leasehold interest in the World Trade Center, and they will continue to own that leasehold interest in any development, and any future development. They developed the Commons of Holmdel, New Jersey, on the Lily Tulip site. It's 120-acre site, with 235,000 square feet of retail, and 80,000 square feet of office and seminars complexes. They entered into a conversion project in Washington, D.C., the Cayre Jemal's Gateway in D.C., where they converted 250,000 square feet of warehouse into 350,000 square feet of office. In that project, they -- as Dan Siam told me, they basically turned a war zone into a model rehab -- prototype rehab. They also converted 492,000 square feet of the Woodward and Lethrop Department Store in D.C., which had been closed for eight years, into a retail and office facility. This was also a historic rehab project. The other partner in BDP (Biscayne Development Partners) is Samuel and Company. Michael Samuel, the president, has acted as a purchase rep, developer, and manager of a wide variety of very prestigious projects, including Parkmerced in California, with 3400 residential units, and 200,000 square feet of commercial. The Seabonay Beach Resort condominium conversion in Hillsboro Beach, Florida. In Fresh Meadows, New York, they did 3200 residential units with a million square feet in commercial space. The Biscayne Development Partner team is going to be responsible for developing around 3,000 condos along with structured parking and retail forming the base of those residential towers. To give you an idea of how far along they are on that part, they have started to enter into lease agreements with -- and the retail -- for the retail tenants. They've signed up companies like Sushi (UNINTELLIGIBLE) from New York; Marcos, which is a brick oven pizza -- very high -end pizza. They say they're going to truck in water by the tanker full to make the dough on the pizza, and Bailey's Coffee. On the retail side of the development, Developers Diversified Realty will develop 600,000 square feet of retail facilities. DDR (Developers Diversified Realty) is from Cleveland, and is a publicly traded real estate investment trust. It has nearly nine billion in assets. It's the largest investor of open air shopping facilities in the nation. The construction that they're planning to do in this project will be funded out of cash. They currently own and manage more than 450 retail properties in 400 City ofMiami Page 252 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 states, with one hundred million square feet. Commissioner Winton: 400 states? Ms. Haskins: 44 -- I'm sorry. 44 states. 450 retail properties, 44 states, OK. In May 2003, DDR displayed this project at the very prestigious International Council of Shopping Centers, the ICSC convention, and the project got incredible reviews, incredible interest. There are significant big box retailers that are very interested in this project, and they are going to present it again this May, next month. (UNINTELLIGIBLE) -- you look at a company this size, nine billion in assets, 450 retail properties, a hundred million square feet, they say that this project is their preeminent project today. Getting to the point earlier, and that is, what does this project bring to the City, other than just talking about development again, right, that sort of thing? But what does the project really bring to the City ofMiami? We have approximately 3,000 loft condos, 350 apartment buildings, 600,000 square feet of retail. It's development on a critical mass scale in a depressed area of the City, a development that embraces the FEC Study. At the time the FEC Study was done, our understanding is the FEC was talking to an interested party who was going to put just big box retail on this site, and it would have been the typical suburban big box retail, with shopping center and just acres of parking, and that would not have been an integration into the neighborhood, with streets going through and that sort of thing. They're bringing construction costs of nearly 1.2 billion. They're doing all of this on a parcel that has been contaminated; that has been blight in the neighborhood. It has no streets. It has no water or sewer, or other infrastructure, and it has been a bane to the community for a long time, but what does it bring beyond that? They're anticipating to bring 700 full-time construction jobs, over a 7-year period; over 2500 permanent jobs when the project is complete. The project will yield, conservatively, over four -- if fully built -- over four hundred and fifteen million of additional real property taxes to the City ofMiami alone, over the next 30 years. There will be additional personal property taxes, sales taxes, and other revenues generated. There's a spillover effect to all the surrounding neighborhoods, whether it'sAllapattah, Overtown, the Design District, or Biscayne Boulevard. There's an improvement of quality of life. We're already -- understand that there's another developer who may be interested in putting another 500,000 square feet of retail in a nearby parcel. That's not something we need to be concerned with -- is there going to be an overbuild -- because part of the economic study in the area says that because the City and the surrounding areas have no shopping, there is a need -- there's a demand for four to five million square feet of retail in the 11-mile radius around this area. It gives our City residents a place to shop. We've got 34,000 people moving into the City, is our anticipation. Our current residents have to go up to Aventura to shop. They've got to go out to Dolphin Mall to shop. They've got to go to Kendall to shop. Now, we have a -- instead of being exporters of our dollars and exporters of our earnings, we can keep our earnings in the City of Miami, and beyond that, from the information that we have from the economic study, we believe we're going to become an importer, because Miami Beach does not have this kind of shopping available to it, so the developers and the potential retail stores believe that they will be drawing people from Miami Beach, as well. This community involvement by strong developers -- these developers have done some really interesting things. Of course, they were very much involved in Art Basel, but one of the things that we don't really hear about, and they don't toot their horns about a lot, they took a school that had put together an FCAT (Florida Comprehensive Assessment Test) -- a Saturday FCAT preparedness program, and the teachers were having a hard time getting kids to come in on Saturdays. First of all, they didn't have money to fund lunches, so the developers funded thirty-five hundred dollars for lunches. Kids still weren't really showing up like they could, and they donated three mountain bikes so that kids that would attend this class on Saturday might have a chance to win a mountain bike, and the attendance on the Saturday class increased tremendously. When we did the -- you know, we did get some good -- a good rating increase from SNP a couple months ago, and there was a progressive process involved in that, and one of the key meetings that we had with the rating agencies was last summer on economic development in the City. These developers attended every session we had with the rating agencies. It was the premiere project that we talked to the rating agencies about, City ofMiami Page 253 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 and for the rating agencies to see significant developers with national -- with a national profile taking the chance of investing in this kind of parcel, contaminated parcel, not developed, no infrastructure, and it wasn't in the main downtown businesses core, like they're used to seeing all these years, it was a big boom. Commissioner Winton: And no entitlements. Ms. Haskins: Right. And -- right, so, in essence -- I mean, if you look on your screen, what we want to do -- what we believe this Midtown Miami project is going to turn this look into that look, and that's a significant change. We're going to talk about what they're requesting. What are the developers requesting? We talked earlier that this site has no infrastructure. Infrastructure costs alone are soon to accumulate to about a hundred and six, a hundred and seven million dollars. The site restraints really prohibit standard surface parking associated with big box retail, like you would typically see in suburbia, and again, in the FEC Corridor Study, that's not what the City and the Commission adopted. They wanted something beyond just parking lots on that site. They wanted an integrated development on that site. Commissioner Winton: Could I add one point to that, Linda? Ms. Haskins: Sure. Commissioner Winton: Because this is an important point that you can understand about the economics and a question that the media has asked. They could, in fact, build a standard power center on that site, big box retail, that has surface parking all over it. That would have fit perfectly. That wasn't acceptable to us. We wanted something that really created a community that would allow us to link this project with the rest of the community, both north, south, east and west, and that required a different thought process for development. Well, to get that different thought process, they had to squeeze more stuff on there, particularly, on the retail side, and we have to create parking because we're taking the parking away and putting real development on it, so you have to build structured parking garages, which are very expensive, and retail centers don't typically do that, and power centers simply don't do it. Ms. Haskins: And I think the other point in there is, shoppers at these kind of centers expect to not have to pay for parking, as well. That's, you know, the other economic of it, so -- Commissioner Winton: Right. Ms. Haskins: -- you're spending this extra money and you're not getting the return on that investment. The CDD, which was formed by the developers and approved by the City in November of 2003, have asked for -- have requested assistance from the City and the County in financing of 2900 surface and structured parking spaces, and a public plaza that supports the project's retail components. The accumulated cost of that -- of the parking structures, some surface parking in the Midtown Plaza are about seventy-six point six million; the raw construction cost, about fifty-one million. There's capitalized interest during the construction period as well. As the County and the City have discussed this with the develop -- with the CDD, because the CDD is the party to -- would be the party to the agreements. Contributions from the City or the County are directly linked to the completion of units, and part of the -- the big part of the process here has been to finalize what the phasing of the development would be, what the final construction cost would -- what the construction costs would be, and then the City and County doing estimates of what kind of values we -- that we would accrue to us before we would -- so that we would not impact our general funds in any assistance that we gave them. When we looked at their estimates, they are showing -- and these may have changed a little bit because we've changed a little bit of the phasing, but it's pretty close -- approximately three hundred and twenty-six million of construction will be completed by the end of 2006. An additional hundred and seventy-three million would be completed by the end of 2007, so we're talking five hundred City ofMiami Page 254 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 million dollars by the end of 2007. The parking structure and the public plaza would be completed in these first two phases. These -- this parking plaza and the structures are integrated into the retail component. As I said earlier, we will be distributing to you, for your consideration -- and we were going to be asking you to vote on it in the special Commission meeting -- is an interlocal agreement, and we would ask that you review it. Again, we'll spend as much time as you want, and that interlocal -- that resolution would ask that you authorize the City Manager to execute an interlocal agreement, in substantially the attached form, that we will distribute to you, and I want you to understand as well that under the interlocal agreement, the City would commit to using its best efforts to designate a community redevelopment district, having the boundaries of this project only, and that's from 28th to 36th -- 28th Street to 36th, and from Miami Avenue on the east, to 2nd -- I mean, on the west, to 2nd Avenue on the east. The way the assistant works in this proposed ILA (interlocal agreement) is that before -- before a CID is formed, there are economic incentive payments. Economic incentive payments are shared proportionately between the City and the County, and they are based on completed components only, so they only get incentive payments based on completed components. The first incentive payment would occur in 2008, if it occurs. If they develop what they say they're going to develop in 2000 -- by 2006, the first fiscal year that those properties would generate property tax revenues -- they would generate other revenues earlier, but property tax revenues would be 2008. That's when the substantial revenues come in. Commissioner Gonzalez: And how much would that be? Ms. Haskins: Those revenues are expected to be in excess offour million dollars in the first year Commissioner Gonzalez: Four million? Ms. Haskins: We've changed a little bit of the phasing, and it's four million. Yeah, in excess of four million, in that first year. Chairman Teele: That's gross offour million (INAUDIBLE) -- Ms. Haskins: Gross, four million to the City and the County, and the City's portion is approximately six percent of that -- sixty percent of that. The reason that we have to go through the economic payments calculation is because there's not a CRD. If a CRD is formed, it would create a TIF (Tax Increment Fund), and the TIF revenues would accrue -- if a CRD is formed, which this legislation does not require. It just says we have to use our best efforts -- but if a CRD is formed, there are TIF revenues, but again, in the agreement, we have tied TIF revenues to developed -- completed components, and there are two components that we're very concerned with. We want the 600,000 square feet of retail done by the end of 2006, and we want the shopping -- the office building done by the end of 2007. If those units aren't completed, we would reduce payments back to an EIP (economic incentive payment) level, rather than a TIF level. In any event, the amount of revenues retained by the entity will only be enough to cover debt service related to the construction of the structured parking in the Midtown Plaza, nothing else. There's no other -- any TIF revenues that would be generated in excess of that are retained by the City and the County, so they cannot get more revenues, and there is not a separate bureaucracy created. Vice Chairman Sanchez: And what percentage would that be? Ms. Haskins: We -- our revenue share is about 60 percent, and -- Vice Chairman Sanchez: How much? Ms. Haskins: Our revenue share is about 60 percent. City ofMiami Page 255 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Vice Chairman Sanchez: 60 percent. Hs. Haskins: In the forecast that we did on this project, it's a significant return to the City over time. It shows on the next slide. We are estimating -- and this is conservative -- we have not used sales values of condos. We've used construction costs on condos. We've knocked that back for additional homestead exemptions, that sort of thing, but we estimate, over 30 years, the project will generate in excess of four hundred million dollars in incremental property taxes to the City. When all is said and done, the City share of incentive payments, whether they're TIF or economic incentive payments to pay the debt service -- so it's basically our share of the debt service -- is right at a hundred million dollars. Vice Chairman Sanchez: Have we agreed on the TIF already, the percent? Hs. Haskins: No, we have not. The interlocal -- Vice Chairman Sanchez: There's a lot of things -- Ms. Haskins: -- agreement only says that we will use our best efforts, but that would be separate legislation that would come later -- separate legislation that would come later for your vote yes or no. Vice Chairman Sanchez: But why would it come later? Ms. Haskins: Because we -- there have to be things under 163 done. There has to be a finding of an economic need and that sort of thing, so there have to be other things done, procedurally, under the State Statutes for a TIF district to be formed, so we're talking about four hundred million dollars. We're retaining three hundred million, and again, that's only our estimate of real property taxes. It doesn't include personal property taxes. It doesn't include increased sales taxes. It doesn't include any other source of increases in revenues or the spillover effect -- just like we have a spillover effect on the blight of this area into the other neighborhoods, we anticipate a spillover effect on a positive note in the surrounding neighborhoods. It doesn't factor that in. Before next week's Commission meeting, we will make sure that we have our independent financial advisor review all the calculations for your -- to make sure that we have another set of eyes look at the numbers. Another thing that was discussed and that was, as part of the negotiations of this project, there was the anticipation of a Section 108 loan that would be paid solely by the developers or the property owners. Vice Chairman Sanchez: And the 108 -- Hs. Haskins: That was approved by the County, a 108 loan -- Vice Chairman Sanchez: The County. Hs. Slazyk: -- that had been approved by the County, and within that 108 loan framework, there were negotiations on minority participation and affordable housing, and that sort of thing, so what we have to -- there's an indication today that that 108 loan might not be used, so we need to make sure that we're protected and make sure that those provisions are going to carry over into this agreement. We will ask that there's a condition precedent to the signing of this agreement, and we will have that agreement, as well, for you next week, that the City and the County enter into an agreement with the developers, related to affordable -- I mean, minority participation goals, affordable housing and that sort of thing, just to make sure that that carries over, so the developers are not a party to the ILA; it's the CDD, so we need to make sure that we've got the developers and -- We have some people here that can give this a whole lot more justice, but I just want to give you a little bit of idea what they've done so far. To date, 85 City ofMiami Page 256 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 percent of the labor related contracts with -- contract amounts totaling nearly eighteen million dollars have gone to minority contractors attached to this project. Eighty-five percent of eighteen million dollars. Vice Chairman Sanchez: Have already gone out? Commissioner Winton: Already -- Ms. Haskins: Have gone to minority contractors. They have partnered with the Puerto Rican Chamber of Commerce to identify contracting and job placement opportunities for minorities. They are working with South Florida Workforce. They've hired 30 people directly from the Wynwood community for security related positions, and those positions provide healthcare benefits, but think to get a better idea of what they're doing on that side, Willie Lopez is here and -- from DDR -- from BDP, and I'd like him to give you a little bit of information on this. William Lopez: Thank you. Good afternoon, Commissioners. Good afternoon, folks. My name is William Lopez. Everybody knows me as Willie. I know I'm a familiar face. At the present time, I work for Midtown Miami Group, as their Security Consultant and Director, but also wear other hats with them. I'm also the Director of Community Outreach, and also now working with Human Resources to make sure that we bring those folks, as we were talking, into this project. I think to understand why I'm wearing these hats, you have to understand what my past is. I was a police officer for 27 years. I served with (UNINTELLIGIBLE), New Jersey for 20, and then I moved down, because of my interest in community policing and crime prevention, and those are my areas of expertise. I moved to Miami, and the NET concept was one that really attracted me because I think Miami is the right track with that. I, shortly after coming to the City ofMiami, and started as a rookie police officer, all over again, asked to be placed in the Wynwood community. I am Puerto Rican born, raised in New Jersey, and I took a very -- interest in Wynwood because of whatl saw and what didn't like. Seven years ago, when I was in Wynwood, I saw a lot of crime. I saw a park then, Roberto Clemente Park, which is a great name in the Puerto Rican community, full of gang members, loud radios; where, I understand, it was three murders in one year. I went to see then -Chief Warshaw. I got permission to see him through the chain of command and said, I will like to be appointed as your community policing officer from Wynwood, because I think there's a lot that can be done there. I went into the school systems -- and I won't take too long. I went to the school systems and I said, what is the Police Department doing? They said, well, they're a bunch of great guys. If we need them, they come. They respond. They come in a while and have a cup of coffee. I said, what programs -- and this is -- I'm talking about the Anita Hardner school that, at that time, was brand new. Well, there was no crime prevention programs. There was no McGruff. The kids didn't know who McGruff was. There was no D.A.R.E. (Drug Abuse Resistance Education) Program. I said, you have that now. I started those programs because I am certified in those fields. I went to talk to Yvette. I went to see (UNINTELLIGIBLE). I went to see Nora Smith, all of the community leaders, and I wanted to know what was the relationship with the Police Department, and what were we doing there. We had drug dealers on every corners, and there's reasons why -- and there's situations that loan themselves to those types of activities. We started conducting all those programs, and those are nice -to-do programs, and let me tell you something. I believe in Christmas parties for kids, and I took the lead in that in Wynwood, with the (UNINTELLIGIBLE) family that, I think, many of you are well aware of. The (UNINTELLIGIBLE) with the camping for the kids, the fishing trips, but those are nice to do programs. They only put short-term smiles on people. With the community, I saw, was a lack ofjobs, so one day I'm sitting in my office, in Wynwood, in uniform. I see these gentlemen come in and they had like a New York accent, which I can relate to, so I went up and they introduced themselves like the gentlemen that were coming to do this great thing in Miami, called Midtown, and I immediately introduced myself shook their hands, and I said, I'm the Neighborhood Resource Officer, and I want to be here to help you to make sure -- and I said, butt found out something very interesting, that you gentlemen are talking about bringing large retail, andl said, ifI can help you when those stores City ofMiami Page 257 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 come, we have people in this community that need jobs. Many of the people are not going to be able to afford buying condominiums, but the people in Wynwood do not have a place to buy a bicycle. They don't have a place to buy a toaster. There is no retail stores -- affordable retail or value retail, and I made a commitment to these gentlemen, and I said, as soon as you're ready to hire people -- I skipped the construction phase. I was so excited about the retail store. I said, we have softball teams. We got the girls leaderships -- I can help you get the right people there, get you good people, and now I can go out there and tell the kids that they got something to look forward. I can tell the 5th graders and 6th graders that a couple of years, there will be jobs for everybody. As some of you know, after 27 years, I found myself not advancing with the Police Department. There was some other police departments in the County that were offering me jobs; one as an executive assistant to chief a couple with the Miami Beach -- North Miami had a training position, which was paying more. The developer ofMidtown Miami read that on their computer in New York because they monitor the Herald, which is a smart thing to do, and I got a phone call from them, and they said, we don't want you to leave because we like your attitude, and we'd like to keep you in Wynwood, and the gentlemen flew down and offered me a job, and I said to him, I said, I don't really want to leave Wynwood, but stay in Wynwood, because we started so many things. I've got to face these kids everyday. I got to face the community everyday, the seniors, and they said, well, how does that become a problem? I said, because we have a lot of programs that started, and I hate to see the baseball and the turkeys and the senior trips all fall apart, and they said, look, we'll make you a deal. We'll hire you. You bring those problems for you. Well give you a budget, so that was really great, and I was very happy, but then I said, but the long-term solution here is jobs because when there's high unemployment - - and I know you all know this -- there is poverty. Poverty brings violence, domestic violence, drug use, alcoholism, and it all relates to each other. Let me tell you what we've done so far, gentlemen and ladies. The sales office has been (UNINTELLIGIBLE) like you heard, 85 percent local contracting. (UNINTELLIGIBLE) done fencing from 21 st Street, built our first fence, which was a very nice contract. The landscapers, I identify, by young people who just started a landscaping company in Wynwood. The electricians, the cleaning ladies -- we have a cleaning lady who came up to me, says, I need a job, and I'm not going to mention her name. I don't have her permission, but she was making six dollars an hour, with no benefits. We gave her a nice raise. We brought her on board with us, with medical and medical kicked in just yesterday. I -- we decided to go with our own security company, because I want to apply the same concept of community policing to community securing, ifI may, and that says giving the jobs to the local people that know the neighborhoods, because the people cannot afford to buy a condo and they are left out -- it's not going to work, but giving people affordable housing, giving them jobs -- and long-term jobs with benefits -- they're buying into the plan. They make it part of their -- they take ownership into the project, and I'll tell you right now. I don't think you can go to Wynwood in any cafeteria and say anything negative about Midtown Miami, because they really, really -- I'll tell you -- they really like the program. This is a flyer of a workshop that we held on March 31 st. What we wanted to do -- we know that there's people out there -- you know, I've been told by other developers and other people, they're not qualified people in the inner city to work some of these jobs, and I'm going to prove them wrong. There's a lot of talent out there. Many of them are intimidated to go to big companies. Maybe they don't have the writing skills to do the resume. Maybe they don't have transportation to get to an interview, or maybe they're just intimidated, so what we did, we held a workshop, and this was in conjunction with the Puerto Rican Chamber of Commerce, Luis de Rosa, who we have given some financial assistance to help us with this program. We went to De Hostos centers and we had 120 people showed up, and we had them fill out pre -applications. I don't care if you're skilled; I don't care if you're not skilled, just put down what you like to do and what you can do. We had senior citizens. We had teenagers, and we have a total now of 120 pre -applications. Since that -- even before that, we've already hired close to 25 or 25 people from the Wynwood, Edgewater and Upper Eastside area, including 15 security guards, and six that are on standby for ground breaking that can hire as soon as we, you know, go ahead with the ground breaking. We also, just yesterday, are now starting -- because we're doing good with this project, Commissioner -- that have other developers calling me to get them help. We just referred yesterday two people -- and this is in City ofMiami Page 258 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 conjunction with the program that Mr. Teele and Mr. Winton, you know, that Miami Florida Works -- we were able to refer two individuals to (UNINTELLIGIBLE). We were able to refer two individuals to Randy Jensen, our mercenaries, and there's other issues, and let me just say. I know that in Wynwood we do not have a real big black population. I know that, and we want to make sure that everybody is represented equally. That is important. These are people from the City that need to be represented, and they need jobs, so what are we doing about that? I wasn't getting enough black pre -applications, so I got together with, of course, the Miami Works program, which has been very well. We've been networking, and I don't want to get too much into that because that's a different thing. And now, presently, we are working with South Florida Workforce. We are working with Mark Coats, who's here today, and establishing a very positive relationship. Just working with South Florida, and also working with Bobby McGhee -- Bobby McGhee sent me two security guards yesterday, who are from the Liberty City area, that will start upon ground breaking, and, sir, when I say security guards, we're talking a decent salary, with benefits, vacation, long-term employment, because Midtown's going to be there for a long time, so those are just some of the things we're doing, so I really think that the community involvement and the programs for the kids are good, but the bottom line is employment. Nick Penelas here -- would you just wave your hand? -- he's our -- he's going to be our construction site supervisor. We have not even broken ground yet, and we have so many people working. Nick, now, is in the process of getting bids and issuing bids so that we can then start selecting who's going to be the contractors. What we are stipulating is that when they come in and submit their bid, they need to put in that bid they'll make every effort possible to bring people, minority hiring, and they will have to meet with me, who will supply them with these applications, and make sure, before they go out of the City, out of the County, or elsewhere, that they focus on the folks here in the City ofMiami. Now, we also want to reach out to Allapattah, and I met with a young lady -- her name slips my mind now -- I said, we haven't broken ground yet, but as soon as the jobs start coming in, we will not forgetAllapattah and Little Haiti. I have several Haitian - Americans from the Little Haiti area -- and I have the folders here -- who are currently employed by us, and it's working out fantastic. Now, if the contractors don't want to play ball and not into this concept, then they're not going to get the bids because I'm going to be all over them, and the last thing I want to say is this: As a community policing specialist, and when you talk about problem solving and doing away crime proactively, this is the route that has to be taken and we're doing it, and I am so proud to be working for these gentlemen, and I think that if developers, 40 years ago, would have used this philosophy, the word "inner city" today would have a whole different meaning. Thank you. Any questions? Thank you. Ms. Haskins: There's just one other item to cover before the conclusion, and that is, BDP is making available ten units out of each of its eight buildings for affordable housing. They have an exiting arrangement with HSBC (Hongkong and Shanghai Banking Corporation) Bank, USA, to provide 97 percent financing to condominium buyers that can be utilized in conjunction with City ofMiami programs for the affordable housing. BDP has committed to contribute five thousand dollars of closing costs per unit. BDP is going to provide a one million dollar revolving line of credit to a non-profit housing agency to acquire vacant parcels, boarded up dwellings, or other units to rehabilitate or construct affordable housing within the Wynwood and surrounding neighborhood, so they're going to target, you know, some of the -- They were talking about yesterday some of the properties that have been acquired through tax certificates that are just boarded up and held by speculators, and look at doing something with that. In conclusion, what we're looking at here is a project that's, on a critical mass scale, is redeveloping an entire area, consistent with our plans. In discussions with the ULI, this project is -- got national recognition. They are looking at this kind of project as a prototype for redevelopment within urban core. In the end result, the project is going to generate significant, positive, economic, and quality of life impacts to this City and its residents, and that's why we are going to propose -- recommend from the administration that we provide the economic incentives that have been requested. Commissioner Winton: Now, I would like to just reiterate. This is an update. We're making no City ofMiami Page 259 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 decision tonight. This will come back at the special meeting, next Thursday, so we -- I know that this is a complex deal. There's big numbers, and each ofyou have to have all ofyour questions answered, which is most appropriate, and both the developers and City staff will be available to meet with each ofyou at any time you want during the course of the coming week, so that we can bring back a decision by next Thursday. And the County, by the way, is going through the exact same process that we're going through, as we speak, and then, the third piece of the puzzle is that Developers Diversified had their closing scheduled for -- to buy their land from Midtown Equities on the 20 -- Ms. Haskins: 27th. Commissioner Winton: -- 27th? I don't know if that closing's getting postponed a few days or what, but there's a lot of pieces tied together here in terms of sequencing between the County, their primary lenders, their equity transfer, the City ofMiami and everybody, so there's a lot of moving parts that kind of fit together. Ms. Haskins: Right. They -- the IRA -- we have representatives from the County here. The developers will finalize all those agreements tonight. The County Commission is voting on -- it's on the County Commission agenda for Tuesday, the 27th. Commissioner Winton: And it's been through their committees. Chairman Teele: Mr. Chairman. Commissioner Winton: Yes, sir. Vice Chairman Sanchez: You're recognized. Chairman Teele: Thank you. Linda, two things I think would be very helpful. First, if we could get a wiring chart with responsibilities, because what we're dealing with, you know, is being presented in a very, very comprehensive fashion, but the specifics don't let us really see a clear picture. They're two different developers here, is that correct? Ms. Haskins: Yes. Yes, sir. Chairman Teele: Diversified and -- and it really would be helpful if we understood how that works, and what each is responsible for, and secondly, on the economic incentive issues, and where those incentives are going to flow. Ms. Haskins: Yes. Chairman Teele: In other words, to which side and wherever, and -- Ms. Haskins: Yes, we can do that. Chairman Teele: And then the question that I had when I started is still the question, and that is - - so that we're not on Thursday, you know -- What kinds of contractual and agreements can be - - whether it's a part of the interlocal, or whether it's a side agreement, or whether it's whatever associated with the incentive payments for the compliance and oversight and commitment on the local hiring -- I'm not -- you know, with all due respect, as a County Commissioner, I talked about minority contracting all the time. I'm not talking about that right now. Ms. Haskins: It's minority employees. Chairman Teele: I'm talking about minority hiring and -- of City resident -- not minority. I'm talking about resident -- they can be purple, not minority, but City resident hiring, particularly, City ofMiami Page 260 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 in the three adjacent communities of Wynwood, Little Haiti and Allapattah. Ms. Haskins: We're -- Chairman Teele: And Overtown, for that matter. Ms. Haskins: There's been a very good discussion with the developers on that. We will -- there will be certain goals put together and committed to. There will be monitoring and reporting on that, and we will work on remediation plans should they be needed -- Chairman Teele: I would -- Ms. Haskins: -- as that project progresses. Chairman Teele: As I said in the beginning, I would hope that you all would talk to Dr. Fishkind, who's got some ideas on something that would not be onerous, or some ideas -- I don't know what they are. He said he would look at it, but I'm not big on these commitments without any type of oversight or independent -- I mean, you know, God bless Officer Lopez, I mean, you know, but don't want this program to rest on him not having a heart attack, or him not deciding he's going to move back to New Jersey, or move to Puerto Rico, for that matter, so, I mean, with all due respect to you being -- the system's got to be independent of an individual is all that I'm saying. Ms. Haskins: We will address that issue. Chairman Teele: I've got tremendous respect and I'm really happy you're there, Officer Lopez. Thank you. Vice Chairman Sanchez: Angel. Chairman Teele: Thank you, Mr. Chairman. Vice Chairman Sanchez: Yes. You know, I make all my decisions based on good information that get and, you know, within 13 days, I'm going to have to make a decision on one of the -- consider one of the biggest redevelopment projects that have been made in the City. Now, based on the statements that have been made before, it is my understanding that the administration has been working on this for more than a year, since we're talking about already -- Commissioner Winton: Well, not this financing plan. The developers have been working on a global plan. Vice Chairman Sanchez: Well, no. Johnny, the element of the plan. Yes, but -- the City has been -- the administration's been working on this for quite some time, and the reason why I bring that up is because yesterday, when I had a meeting -- not to mention anybody's name -- is the first time that heard the word Midtown. As a matter of fact, I said Midtown Towing, not knowing anything about this, which I -- Listen, looking at it, I support economic development. I think Wynwood area deserves what's coming to them, but you're talking about a hundred million dollars, the largest subsidy that we have ever given any developer, and if you do a little bit of history in the City ofMiami, the closest we've come to is four million dollars in Miami One, and correct me if I'm wrong, so there are a lot of questions that clearly have not been answered here. Commissioner Winton: Well, I will correct you -- Vice Chairman Sanchez: Johnny, I -- City ofMiami Page 261 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: -- because this is radically different, and I will correct you. The Miami One four million dollars was for the public bay walk, and it came out of our bond money. This money isn't coming from bond money, and it isn't coming from any of our tax base existing in our City ofMiami. Every dollar of this hundred million dollars is coming from one place and one place only, and will only come from that, and it will come only if this project's developed. If the project isn't developed, there is no expenditure of a hundred million dollars. Vice Chairman Sanchez: Johnny, being that I'm a statesman and I have the utmost respect for you, I will yield for you. Commissioner Winton: I'm sorry? Vice Chairman Sanchez: I would yield for you to continue to talk. Commissioner Winton: No. I just wanted to answer your question about that. That's all I was doing. Vice Chairman Sanchez: Well, that's not my point here. My point here is that this has been going on for the longest time, and I have just been given a pack to analyze some of the finances and stuff and there's a lot of questions that I have that I hope that the administration can sit with me within the next 13 days and spoon feed me on this. Because let me tell you what my concerns are: interlocal agreement. Chairman Teele: Would you yield? It's not 13 days. Vice Chairman Sanchez: Six -- Commissioner Winton: Seven. Commissioner Gonzalez: Next week. Chairman Teele: You keep saying 13 -- Vice Chairman Sanchez: Well, when is it? Commissioner Regalado: Six days. Commissioner Gonzalez: Seven days. Vice Chairman Sanchez: Is it six? Chairman Teele: Six days. Commissioner Winton: It's a week from today. Vice Chairman Sanchez: Oh, next Thursday. I thought it was the following Thursday. Commissioner Winton: No, no. Vice Chairman Sanchez: That even makes it worse. Commissioner Winton: Right. Vice Chairman Sanchez: Thank you for correcting me. I thought it was the 6th, when we were having our special meeting; we were going to add it on to the special meeting. I have not seen City ofMiami Page 262 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 an interlocal agreement yet. I have not seen the methodology of financing of the project and the profit sharing. No one has answered the question as to the TIF sharing yet, so I want to see as best -- I want to see the best scenario and I want to see the worst scenario. I want to see all the safeguard that protect the City's assets, because this is going to probably be the biggest, biggest, biggest deal that we will be doing, and let me tell you. I have the utmost respect for Midtown coming into Miami and investing in our community, and working so heavily involved with the community. Mr. Lopez, you andl worked when I was a State Trooper. As a matter offact, we did the same thing, community policing, and we worked very closely in Wynwood, so I know the area very well, and know your concept very well, but the concern that have here is, that want to make sure that -- you know, interlocal agreements -- you've got to be very careful -- when we talk about interlocal agreements, that's an interlocal agreement where you protect your assets and you make sure you have -- the deal benefits you, and as you always say, you know, there's gentlemen's -- when the -- what's your saying? When there is no -- Chairman Teele: When there's a disagreement -- Vice Chairman Sanchez: There's no gentlemen. Chairman Teele: -- you can't find the gentlemen. Vice Chairman Sanchez: So those are the things that want to see. I want to see the safeguards protecting the City's assets, and I tell you this. This is one point two billion dollars, OK, with the City putting in a hundred million dollars, so I tell this to the administration, you have six days to convince me. If the vote was today, I don't think anybody would support it today, but I'm telling you. You're going to have a tough time convincing me on this, just based on the fact that you're bringing this out and giving me six days to digest all this information to approve it. I'm very disappointed. I made it very clear to the City Manager -- Commissioner Winton: This point needs to be clarified. Joe, this -- the information didn't exist a week ago. This whole financing package that's been in the works for probably the last -- Vice Chairman Sanchez: Johnny, I disagree with you -- Commissioner Winton: -- six to eight -- Vice Chairman Sanchez: -- because this deal -- the cow is out of the barn on this one, pal. Look at all of the agreements -- Commissioner Winton: Joe -- Vice Chairman Sanchez: -- that have been made here already that wasn't aware of. Commissioner Winton: -- trust me. I know. Vice Chairman Sanchez: Johnny, I don't want to get into it. Commissioner Winton: It isn't something that's been -- the financing package is something that's been evolving over the course of the past two months, and there's been a lot of changes in the way this structure's working, up to two days ago, so you couldn't -- oh, up to today, so it -- the financing -- Now, the plan itself the big plan -- and I don't apologize for that -- that could have come here a long time ago, and I probably should have done that, but this financing package, as it's -- as you're looking at it, it couldn't have come here a week ago. Vice Chairman Sanchez: Johnny, I'm not focused on the concept of the financing. I'm focused on the concept of itself. All this is being put here had to take time to be done. They didn't do this City ofMiami Page 263 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 in a couple of days or a couple of weeks. This has been timely put together. Well, I happen to disagree with you, and you know, I get it today, and I got Thursday to make a decision on it, and my only thing -- and I didn't want to bring it out. As a matter of fact, I wanted to handle it like a statesman and professional because I have the utmost respect for the administration, but I think the administration did not fulfill the commitment to provide us with all the information to make an intelligent decision. My biggest problems that I've had in this Commission, when I've gone against something, my biggest concerns with the CRA (Community Redevelopment Agency) was that, at times, they did not provide us the information adequately, and we were not provided information, and it's always been my statement that if I'm not provided the information that I need to base my decision -- that's always been -- Commissioner Winton: No, and you've always been -- Vice Chairman Sanchez: I mean, no one could say that Joe Sanchez -- that's always been my philosophy -- Commissioner Winton: Right. Vice Chairman Sanchez: -- in government, because I have a tough responsibility. This is -- what happens if this is the best deal in the City ofMiami? We could all walk away and say, hey, this was great. What happens if it fails? What happens if this deal fails? Commissioner Winton: You can -- that question -- Vice Chairman Sanchez: We're going to be labeled failures. Commissioner Winton: No. We could -- that question is easily answerable. Vice Chairman Sanchez: Well -- Commissioner Winton: There -- that safeguard exists. Ms. Haskins: If they -- if the project fails and they don't build, they get nothing. Vice Chairman Sanchez: Look, once again, I don't want to debate this. I just wanted to make my point that I'm very disappointed -- Commissioner Winton: We agree. Vice Chairman Sanchez: -- because I was not provided the information that I felt I needed, out of respect for being a Commissioner, and second, that my vote counts in this Commission. Although it's one, it still counts in this Commission. Commissioner Winton: But it's an important vote. Commissioner Regalado: Mr. Chairman. Unidentified Speaker: Go ahead. Chairman Teele: Mr. Presiding Officer. You're presiding. Vice Chairman Sanchez: Oh, you're recognized. Commissioner Regalado: Oh, OK. Well, yesterday afternoon, I was up in the Mayor's Office, and the Mayor was very gracious when I finished with him. He asked me ifI had some time, ifI City ofMiami Page 264 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 was in a hurry, and I said, no, and he said, "So Linda can talk to you about Midtown project." I really -- like Joe -- I thought we were talking about towing, but we weren't, so Linda gave me this very good report, and I asked her two questions. Question number one -- just two questions. Question number one: What is the argument to explain to the people -- and this is perception. Mind you, Johnny -- I understand what Johnny's saying. I understand what -- what is the argument to explain that we're giving away a hundred million dollars to developers? That is the perception, not the reality, but the perception, and the second is, can we do this for other areas of the City, and the answer is a very logical one, you know, a project of this magnitude deserves this. My first reaction is, it's a good deal because you give 100, or maybe more and you get 300 in return, but -- and probably it's very easy to explain, because if there is nothing, they will get nothing, but we come back to the point that Commissioner Sanchez was making, and I'm really sorry to say this, but you know, the problem is that for someone or maybe the system, maybe the structure of the government, they don't care about the City Commission. They just come here and tell us that this is good business, and you know, we have to make decisions, too, and decisions as Commissioners for the City ofMiami, and then for our district. I did not know anything at all about this, and I really thank you, Linda, because this morning -- I usually read the paper at 4 a.m., to do the things for the radio -- this morning, I saw what you told me at 4 p. m. yesterday in the Mayor's Office; I saw it at 4 a.m. in the Miami Herald with an article, Oscar Corral, so I was ahead of the Herald by 12 hours, which is good for me. It's -- I mean, proving, because sometimes I read the things about the City -- Commissioner Gonzalez: An hour later. Commissioner Regalado: -- one day later in the Herald, so, you know -- I mean, I understand the concept, but like Commissioner Sanchez, I'm just saying, maybe I should punish the administration and vote no. I may be punishing the City and the residents of Wynwood, but don't have other recourse. What do you want me to do complain, scream? You know, whenever there is a culture that Commissioners do count, then we can, you know, understand better the situation and -- Vice Chairman Sanchez: Let me just change the tone here a little bit. Maybe I could -- look, this may be the best thing since sliced bread. This may be the greatest deal for the City ofMiami, but I think that you're going to have to provide -- at least, I speak for myself. You know, we do have talented people working for the City, so I think that if you sit down with me, and you walk me through it, and I'm able to do my research with my staff -- I'm not saying that you might get my vote, but I'm saying that you'll have much better chances today, than you may have on the 6th, a couple of days away, but I'm just saying I -- this needs to be spoon fed to me and my staff -- Ms. Haskins: And we will. Vice Chairman Sanchez: -- so we could do the additional research to base it on an intelligent decision, OK, so let me just change the tone here. I didn't want to criticize anybody. I just wanted to state that was put in a situation where I, as a Commissioner, do not want to be. I do not want to be handed a document that is one point two billion dollars, an investment of the City for a hundred million dollars, and say you've got to vote on it in a couple of days. That's it. That's all that want to say. I just want to change the tone completely because -- Ms. Haskins: And -- Vice Chairman Sanchez: -- we do have a good relationship here in the City. Ms. Haskins: -- and I think that when we -- you know, when we -- Vice Chairman Sanchez: We're trying to work together. I'm a decent guy, you know. I love everybody. I'm a nice guy. City ofMiami Page 265 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Ms. Haskins: And a big part of going through those details is they're literally being negotiated -- Vice Chairman Sanchez: Sometimes I could -- Ms. Haskins: -- up to the last minute, but -- Vice Chairman Sanchez: Hey, sometimes, I could be the skunk at the family picnic, but I'm a nice guy. Ms. Haskins: But do want -- I want to -- I understand what you say and I, again, apologize that it's this late in the game and we're still negotiating -- I mean, we're still coming down to it to give you those numbers, but in the end, what I want to be able to convey to you -- and ifI can't, I ask you to keep asking me questions to keep convince -- to keep trying to convince you, and that is that this isn't a corporate giveaway. This is a -- and when I look at this project for the City's perspective, we think about this parcel that was not on the tax rolls for years. I know there was a discussion several years ago about a baseball stadium going on. There was a, you know, potentially a discussion of just big box retail going on, at one point in time. That wasn't really going to do that economic development. This is almost a windfall to the -- I look at it as almost a windfall to the City, and my job, in the last -- you know, coming down to these last negotiations - - has been to make sure -- I was the budget director, and I understand the impacts on general fund. I understand what Larry goes through every day. It's a tough job to make sure that we're protecting the general fund and the citizens of the City, and if we can deliver it -- if we can deliver something that I can -- as I said to Commissioner Regalado yesterday, ifI can look you in the eye in the end and say that I protected the City, and the general fund is protected, and the City's going to have a windfall of taxes -- because if this didn't happen, there would be no revenues to generate -- and I can convince you that we've done these estimates on a basis that says we're going to take the most narrow, conservative approach we could toward what will happen here, then I would ask for your vote. Commissioner Gonzalez: Mr. Chairman. Yeah. I just want to add that I'm in the same situation as my colleague, Commissioner Sanchez and Commissioner Regalado. I was just informed of this project yesterday afternoon, as I was in my regular meeting with the Mayor, before a City Commission meeting, and I was informed of the project -- or I was told about the project, and let me tell you. This may be a great deal for the City. I don't doubt that, but the perception, you know -- and we're going to read about this, and we're going to hear this on radio programs and commentators, you know. This is going to be called welfare for the rich. This is going to be welfare for big developers, which it's not, but the public, the general public doesn't realize that out there, and let me tell you. One thing that really -- we just had a discussion about an item -- of a project in Allapattah, and this is exactly what I was talking about in that project. We have huge projects going on all over the City ofMiami, and there are some neighborhoods that still are neglected. Commissioner Winton: Including this one. Commissioner Gonzalez: We see these deals where the County is a part of it, the City is a part of it; everybody is a part of it, and let me tell you. I have a case of childcare in Allapattah that we've been frying to build for the last three years, and we're talking about four hundred thousand dollars. I have assigned to that project, from my Community Development monies -- three years consecutively, I've been assigning money to that project, and it's still -- and this is going to be a project that is going to be serving kids from low, low-income families, and we can get this project done. I -- as a matter of fact -- and I'm talking about it because I see the gentleman from the County here -- Commissioner Winton: Brian Finney (phonetic). City ofMiami Page 266 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Gonzalez: -- Brian Finney, with whom I met in order to see ifI could get some assistance from the County in order to build this daycare for these kids from low, low-income families and, still, they are under red tape and, still, we don't have a commitment to build a simple daycare for 100 kids. I've been struggling with the support of -- even with the support of my colleagues in the Commission, for a parking lot, a much, much needed parking lot to maintain my commercial area in Allapattah and, still, there is -- they're working on it, but still we don't have a commitment. We don't have -- you know, every time I ask, they're doing more paperwork, and these are the things that really, really, you know, make me feel very bad because what do I tell my community? What answers do I give to my -- to the people in my district? And it is exactly the same type of things that happen in Overtown, in Little Haiti, Model City, Allapattah, East Little Havana, you know, areas that doesn't seem to be -- to have the chance or to have the same leverage, or to have the same commitments to advance these people. Commissioner Winton: Well, by the way, Wynwood fits in that same economic category. This isn't -- Commissioner Gonzalez: And Wynwood has been in the same category. Wynwood has -- Commissioner Winton: -- yeah -- this isn't downtown. Commissioner Gonzalez: -- been in the same category for years, and years, and years; same as Allapattah. Commissioner Winton: Right. Commissioner Gonzalez: You know. Chairman Teele: Commissioner -- Mr. Chairman. Commissioner Gonzalez: One -- and I'm sorry. I'm going to finish right away. Chairman Teele: No, no. Take your time. Commissioner Gonzalez: One serious question that I have on this is, where are these hundred million dollars going to come from? Because Ms. Haskins said, if there is no project, there is no hundred million dollars, but -- Commissioner Winton: There isn't a hundred million spent, if there isn't a project. There isn't a dime spent if -- Commissioner Gonzalez: Yeah, but -- Commissioner Winton: -- something doesn't get on the tax roll. Commissioner Gonzalez: Yeah, but what I mean is, this is supposed to -- this is going to be used for infrastructure, right? Commissioner Winton: No. They're paying for all the upfront infrastructure. The developer is actually spending a hundred million dollars of their money on the real infrastructure. What we're doing is bringing a hundred million dollars after they spend more money on these parking garages, and their products go online, on the tax roll. We get a check from the County Assessor's Office. We reimburse them for two component parts: The big parking garage. It may be two or three parking garages, but the structured parking facilities and the common area plaza thing. We will reimburse them for that but water, sewer, electric, roads, all of that stuff they're City ofMiami Page 267 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 paying for out of their pocket up front. Commissioner Gonzalez: Well -- Commissioner Winton: So we don't have -- we don't risk a dime. We only give them money back for stuff that we consider infrastructure. Once their commercial projects have come online, they get a tax bill, they write their tax check, they give it to the County, then the County submits money to the -- the Assessor's Office sends money to the City and to the County, and each of us have a piece that we give back to them, so if they don't build a product, we don't spend a dime. If they don't get a building built and online, and on the tax records, we don't spend a dime. We are reimbursing. They're paying all upfront costs. Commissioner Gonzalez: Johnny, I know the agenda is kind of big. We're going to be here a long time tonight, and I'm not going to have all my answers -- all my questions answered -- Commissioner Winton: No. Exactly, and you need to meet with them. Commissioner Gonzalez: -- tonight so, you know, we have a week to get the answers and then make a decision, you know, and -- Vice Chairman Sanchez: And that's what the administration should do; should sit with us and just, you know, inform us -- Commissioner Winton: Exactly. Vice Chairman Sanchez: -- of the questions and, you know -- Commissioner Gonzalez: And then decide, but I'll tell you. Commissioner Winton: Because those are good questions, they're legitimate questions, they're the kind of questions our constituents -- your constituents are going to ask. You deserve answers . I was just trying to answer that one quickly. I didn't mean to get into a big thing. Staff and develop -- they need to meet with each of you and answer every single question you can think of that your constituents might ask, or the media might ask, so that you have an answer. Vice Chairman Sanchez: Commissioner Teele. Are you done, Commissioner Gonzalez? Commissioner Gonzalez: Yes, I am. Vice Chairman Sanchez: Commissioner Teele. Chairman Teele: I want to clear the record, and I want to say something that I really hope that my colleagues will listen to me on. First, Commissioner Sanchez, I -- I should say, first, Commissioner Gonzalez, because you were the one that put three names out there, Commissioner Gonzalez. I want to clear the record. I had no knowledge, by the City administration, of this project at all, OK, so don't give the reference that I was in on the deal. Commissioner Gonzalez: No, I -- Chairman Teele: I got three calls from the County staff -- Commission staff and one on behalf of a County Commissioner wanting to understand certain aspects, and I got a copy of something that was going to a -- Vice Chairman Sanchez: That's three calls more -- City ofMiami Page 268 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: -- economic -- Vice Chairman Sanchez: That's three calls more than me. Chairman Teele: But the calls came from the County Commissioner's staff. Vice Chairman Sanchez: I'm only kidding. Chairman Teele: But -- and then there was something going to an economic committee sometime this week, and I answered a bunch of -- a series of questions relating to that. As a result of that, I wanted to understand where was the issue relating one issue, and that was the jobs. It was my understanding that the jobs issue was tied to the 108. All of the discussion to date have primarily been to the -- candidly, negotiated by the County, OK, by the County, and the County had put the 108 and the affordable housing on the their side of the equation. Loving the County, respecting the County, but not trusting the County, I was concerned about making sure that that agreement had a City ofMiami neighborhood component build into it, and so that's when I put it on the agenda for the discussion that brought up this. I had no idea that I was breaking a code or doing anything -- I went in to meet with the Mayor. The next thing I knew, you know, then the newspaper started calling around and -- I mean, you know -- and it's pretty clear, you know, something -- somebody tripped a tripwire. I don't know what happened. All I'm telling you is, these are my concerns, number one. Number two, I am a big stickler, Linda -- and I really want you to hear this -- for people coming to us, especially City staff and giving us the whole truth, not the fruth of what we are being asked. The number has not been put on the table yet, so let's put the number on the table. The number, I understand it to be more like a hundred sixty million, not a hundred million, in the interlocal agreement, as it relates to the County and the City, because we're going to be signing an interlocal agreement. Is it a hundred or is it a hundred and sixty? Ms. Haskins: The combined City and County taxes over the 30 years is over seven hundred million dollars, with a total debt service of 169. The City portion of that is over -- the City portion of that is four hundred million and -- over four hundred million in taxes, with the City portion of the 169 being 100. Chairman Teele: OK. The number on the interlocal agreement -- the interlocal agreement is what we're going to be signing -- is we're signing up to 169. Now, having said that -- Commissioner Winton: Out of seven hundred million. Chairman Teele: Out of seven hundred million. Having said that, I want to appeal to my colleagues -- Ms. Haskins: Commissioner, can I -- it's proportional, so the proportionate at interest is 40 percent County, 60 percent City. Commissioner Winton: But the value -- and the value in having the opportunity to meet with staff and their consultants and everybody, one on one, as you -- we can get all these questions answered and come back in the few we have left -- Chairman Teele: But, Johnny, numbers are being thrown around and, see, what I don't want to do -- Let me make my final statement on this. Commissioner Winton: OK. Chairman Teele: I think it's very important that we understand something that is really not clear in this City; the difference between a general government hat and a redevelopment hat, and it's City ofMiami Page 269 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 not the same, contrary what you may have been reading. It is not the same. As a redevelopment entity, the staff has got to give us these numbers, because this was railroad land, and railroad land is right in the Florida Constitution, like with agriculture land, and the most impressive number is what has this land been generating in taxes for the last years, which is basically nothing, because that's the way railroad -- Mr. Flagler wrote the first constitution. Railroad property doesn't pay taxes. When we sit in a redevelopment role, it's not a giveaway. It is not a giveaway. It is an incentive to stimulate development, and the hundred and sixty million dollars, which is a number, is a cheap price, in my opinion, to pay for the kind of development that we're going to get. The biggest problem you've got in your district, Angel, I've got in my district. I get crucified, dead and buried, and burnt up for trying to get parking in Overtown. You can't even get the parking out ofAllapattah. Now, we're going to provide -- the main piece of this -- let's just break it down -- the main piece of this incentive package is parking, and it's parking that's going to be free to the people who use these for shops. You are not going to get somebody to go and pay Bal Harbor parking for a -- Commissioner Winton: Target store. Chairman Teele: -- Target store, or for a -- the whole big box context. That's why the meeting with this economist is so important. You cannot make -- you will never sell to somebody in Overtown or Allapattah, or Wynwood if they've got to come and pay five dollars for parking, and neither can the stores in Overtown get people to come in there if they've got to pay for parking, and I don't care what anybody says. The parking in Overtown and the parking in Allapattah is the best thing this City Commission has done, and it didn't -- and it won't cost as much as this parking is going to cost, per parking lot -- Commissioner Winton: That's right. Chairman Teele: -- because this is elevated parking. Commissioner Winton: Correct. Chairman Teele: OK. The six, seven, eight hundred thousand dollars of parking in Overtown is worth it for the redevelopment of Overtown. The fifty million dollars of parking that is needed in this facility is worth it. You can never get those jobs if you don't provide the incentive, and who's going to pay for the parking? If Off -Street Parking builds it, they're going to have to pay so, you know, it's no need to hold these people or this developer hostage for what we are frustrated with in our own units. Angel, I can't tell you how disappointed I am in this management about Little Haiti. I mean, we don't even have a contract yet for an architect fully. I mean, the Manager said, we're going to get this done. We're going to get this. Trust me, I'm all in favor. It's all talk, but let me tell you. When somebody like this comes through, their plat is put on the table. It goes through in the same day. I'm not mad at them, but there is two systems here, and it's no need to punish the developer who's trying to deal with the biggest problem we've got in this city, which is unemployment, and my plea to my colleagues is, look, Commissioner Winton took the lead on this. He was obviously the only person in the loop. I'm not offended at all. I assume you were kept informed. The fact of the matter is, is that what we're talking about is a redevelopment deal. This is a redevelopment deal. This is creating, in effect, a TIF, and the reason -- the only reason to create a TIF is to push dollars back out to stimulate that development, and 29 -- How many parking spaces is it, 2900? 2900 parking spaces is what it's going to take. The rest of it is a plaza, you know. The other big number is a plaza. The plaza is owned by the public. It's open space, so I don't think we should see this as putting money -- before anybody goes on radio -- I don't think -- Commissioner Winton: Tomas. Chairman Teele: And start saying what -- City ofMiami Page 270 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: I -- Chairman Teele: And -- Commissioner Regalado: Listen, listen. Chairman Teele: -- admit I respect you, but let me -- I know you. I know you. Commissioner Regalado: No, no, no, no, no. No, no, no, no. No, no, no, no, no. The only two questions that I asked Linda yesterday -- and you might say if I'm telling the truth or not. I first said, it looks like a real good deal, butt have two questions. The perception is that we'll be giving away a hundred million dollars to developer. We need the arguments to defend that decision. That was my first question or statement to them. The second is, well, you know, it looks very good. My question is, can we do it in other parts of the City? Because some developers -- Commissioner Winton: The answer's yes. Commissioner Regalado: -- will come to me and said, you know, in Flagami -- and, by the way, west of 37th Avenue, there's only three new construction in the City ofMiami, and only three for the last six to seven months, so my vote here has always been for development and all that but, you know, the Flagami area is not sharing the wealth of the rest of the City; short of two motels that have been built in Southwest 8th Street. You know why and for what. So, Commissioner Teele, my question and my statement yesterday to Linda was, you know, this perception is that we're giving away money to developers. Do I think it's good? Because I -- well, some people maybe in the administration think that we all are people dumb, that we don't understand. Sometimes I understand something, and I understood that if they don't do it, they don't get it. Fine, but the perception, the headline -- Commissioner Gonzalez: Would you yield? Commissioner Regalado: -- is that and -- I mean, you know -- but the point is that it's real difficult for me to support something ifI don't get the information, ifI don't get-- You know what? I may change my mind on the arena thing, come Monday, because the Manager sat with me for about 15 to 20 minutes explaining the thing, but the last time -- or the first time that we went to the MSEA (Miami Sports and Exhibition Authority) Board, we're given a package. We want to sell the arena to Hank Sopher. No, because if it has a name, to me it looks dirty, and I didn't know anything at all. It only take 15 minutes. I mean, 15 -- there are five here. One hour, you know. I don't see it that difficult, so go ahead. Angel, I'm finished. Commissioner Gonzalez: In support -- first of all, let me say that I'm not holding anybody hostage, OK. I just made a compilation of-- a comparison of this project with some little projects in the neighborhood, in the inner neighborhoods, where there is need of money from the County, and from the City, and from everybody for these very low-income families and children, and youth, and it takes an act of God to get some money approved, especially from the County, OK, to assist on building a facility that is going to be serving 100 kids in the City ofMiami. That was my point. My other point was in reference to the project that was presented here early, in Allapattah, with the facility to do any project anywhere else in the City ofMiami, and in support of what Commissioner Regalado said, it's a perception. When we approved the four million dollars for One Biscayne, that same night we were being criticized by the media on the radio, and in different interviews, I had to make it clear that this money was an allocation that Commissioner Johnny Winton made from his allocation of the bond issue, blah, blah, blah, blah, blah, blah, and I had to repeat it, and repeat it, and repeat it. I don't know how many times, because we were being blasted because of that. Then -- or before that, it came the races, OK. City ofMiami Page 271 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Same thing. We were going to give a loan of three million dollars for -- to have a race in downtown. No interest. No nothing. No conditions, blah, blah, blah, blah, blah, blah, OK. We were also being blasted because, you know, who were the people involved in the race deal? It wasn't workers from downtown or Wynwood. It was people that are known to be millionaires, and we're giving these people all this money to keep making money, so we were criticized. Then we had to go out there, and we had to defend the issue, and we had to, you know, make sure that people knew that we were charging interest, that there was security on the loan, that there was personal security, blah, blah, blah, blah, blah, blah, because -- you know, every time we have one of these meetings, just listen to the radio and read the papers. Read the papers. You will read it in the next morning paper, and you will hear it in tomorrow morning newscast on the radio, on all the stations, and that is -- Vice Chairman Sanchez: All right. Commissioner Gonzalez: -- something that I'm concerned with. Vice Chairman Sanchez: OK. Commissioner Gonzalez: It's that simple. Vice Chairman Sanchez: Well, being -- I'm just going to say the last word, and I'm -- Chairman, before I turn it over on this. Let me just say that I'm open-minded. I want to look at the numbers . I'm going to allow the administration the opportunity to sit down and provide more information, educate me on it. Let me just say that the administration, I'm sure, worked very hard with the developers to put this together. I know the developers have worked very hard with the community, so I just want to commend them on that aspect of it. I just think that what happened here today -- and tomorrow is another day in this City. That's the beauty of it. -- that we could continue forward with it. I mean, I'm open-minded about it, and I look to sit down with the administration and developers on the issue so, other than that, anything else? Commissioner Regalado: No. Vice Chairman Sanchez: OK. Turn the gavel over to the Chairman. Chairman Teele: All right. Vice Chairman Sanchez: Thank you. Chairman Teele: Thank you. Before the County representative leaves, Angel, I would just say this. It might be a good time, you know, not to tie this to anything else, but to suggest that we would like a side agreement -- an interlocal agreement to do another CDD, and I'll tell you why. All of the CDDs, CRAs are in one person's disfrict, primarily, Commissioner Winton, contrary to what you're reading. They're in Commissioner Winton's district. The Omni -- most of the CRA in the so-called Overtown/Park West is in Park West, the vast majority of it, in terms of the dollars, you know. Eighty-five percent of the dollars collected are in Commissioner Winton's disfrict, and it's really fair to look at a CDD in another area that gives rise to it, and it may be something that the County would be willing to entertain and have long discussions with the County Manager -- the City Manager about, but we cannot create another CDD without the permission of the County, and I think, you know, we have to be partners in that. We need to put that on the table, as well, and it might be a good time to just, you know, see if there's any openness about a CDD outside of Commissioner Winton's disfrict. Because, as I was saying, Johnny, all the CDDs, CRAs are literally pretty much in your district. The -- I share the Overtown/Park West, but 80 percent of the revenues are coming in from Park West. Commissioner Winton: And, frankly, this vehicle, if you think about it, is a vehicle that could City ofMiami Page 272 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 work in a whole host of areas in our City. It's a great vehicle. Chairman Teele: But it can only be used, really, in an area -- Commissioner Winton: Of slum and blight. Chairman Teele: -- that is proper -- that is slum and blight, and that's why the state has a study done, and it lends itself to redevelopment. It should not be used as an economic development tool, but as a redevelopment tool -- Commissioner Winton: Agreed. Chairman Teele: -- and it's a big difference in that. Vice Chairman Sanchez: All right. Commissioner Winton: I guess I need to move a continuance, though, of this item -- Vice Chairman Sanchez: Yeah. Commissioner Winton: -- to the meeting of next Thursday, whatever that date is? Vice Chairman Sanchez: Yes. Alejandro Vilarello (City Attorney): You need to include it -- Vice Chairman Sanchez: Is there -- Mr. Vilarello: -- in the call of the special meeting. Commissioner Winton: OK. That's what I'm doing then. So moved. Mr. Vilarello: Including this item. Chairman Teele: Second the motion. Vice Chairman Sanchez: Second. Chairman Teele: All right. Moved by Commissioner Winton, seconded by Commissioner Sanchez that the item be placed on the agenda, and given the Gucci's -- What time is that meeting starting, Madam Clerk? Ms. Thompson: It's scheduled to start at 3 p.m. Chairman Teele: Well, we're going to need to move that time back a little, probably to 2:30 or something, because this agenda's getting longer and longer, right? Unidentified Speaker: Well -- Chairman Teele: What else is on that agenda? Commissioner Gonzalez: Make it at 2. Chairman Teele: And -- what's -- the purpose of that agenda was what? The -- City ofMiami Page 273 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Winton: The Biscayne Boulevard Plan. Chairman Teele: The Biscayne Boulevard Plan, so -- Commissioner Winton: So what we added to it was the 40-foot height moratorium issue, which could be very, very quick, and this. Chairman Teele: We added something else to it -- Commissioner Gonzalez: Make it at 2. Chairman Teele: -- but, OK. What I'm saying, Johnny, just so that we don't get into another one of these problems where you've got the residents of Biscayne Boulevard, who have been noticed for 3 o'clock -- this item cannot come up before 4:30. Commissioner Winton: Which item? Chairman Teele: This item. Commissioner Winton: Yeah, yeah, yeah, yeah. Chairman Teele: So we need to just try to manager ourselves a little bit better on this, so we'll notice it for 3 but, folks, you know, come to the Grove and have a cup of coffee or something, but look for us around 4, 4:30, 5 o'clock, depending on how long the Biscayne Boulevard item runs; is that fair? Commissioner Gonzalez: Mr. Chairman. Commissioner Winton: Yes. Chairman Teele: Commissioner -- Commissioner Gonzalez: I need to leave. I'm going to be out for about an hour. I should be back in about an hour. Chairman Teele: Thank you very much. All right. We have a motion and second. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 274 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 NON -AGENDA ITEMS NA.1 04-00456a DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to add to the call of the April 29, 2004 Special Commission Meeting, proposed resolution of the Miami City Commission providing support related to the celebration and dedication of the 50th anniversary of Brown v. The Board of Education, hosted by the "Miami -Dade Branch of the National Association for the Advancement of Colored People ("NAACP") Youth Power Summit," which provides educational empowerment to youth, to be held on Friday, May 7, 2004 through Sunday, May 9, 2004, at the Coconut Grove Expo Center, 2700 South Bayshore Drive, Miami, Florida, in an amount approved by the City Commission ; allocated funds from the District 5 rollover Account No. 001000.920922.6. 930, or alternatively from the District 5 Special Events Account No. 001000.921054.6. 289; further directing that this allocation be made to the Coconut Grove Exp Center to assist with costs associated with said event including the facility, Police, Fire, General Services Administration, and other related departments and any additional items from this account. MOTION Chairman Teele: Pocket items. Commissioner Regalado: I don't have any. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: None. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: None, sir. Commissioner Regalado: I have one. Chairman Teele: I have two. Would you read the two? Commissioner Regalado: Yeah. A resolution of the Miami City Commission providing support related to the celebration and dedication of the 50th anniversary of Brown versus the Board of Education, hosted by the Miami -Dade Branch NAACP (National Association for the Advancement of Colored People) Youth Power Summit, which provides educational empowerment to our youth in an amount not to exceed -- Chairman Teele: The item is placing it on the agenda just to do that. Commissioner Regalado: OK Chairman Teele: The problem that I have is, I don't have an amount of money -- Commissioner Regalado: Oh, this is for the April 29th City Commission; to place this in the agenda for the April 29th City Commission meeting. Commissioner Gonzalez: Second. City ofMiami Page 275 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? That puts that on the agenda, and it would just be a straight item. It'll be printed. We'll know what the dollars are, but we're trying to figure out exactly how much money. This is going to go into the Coconut Grove Convention Center. NA.2 04-00457 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO WORK WITH THE UNITED STATES ASSISTANT SECRETARY OF STATE, FOR THE WESTERN HEMISPHERE ("U.S. ASSISTANT SECRETARY OF STATE"), THE HONORABLE ROGER F. NORIEGA, FOR THE PURPOSE OF SUPPORTING THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT'S BUREAU FOR LATIN AMERICA AND THE CARIBBEAN, TO PROVIDE FULL FINANCIAL AND TECHNICAL CITY OF MIAMI SERVICES SUPPORT (POLICE, FIRE, SOLID WASTE AND OTHER RELATED DEPARTMENTS), FOR THE CONSULTATIVE CONFERENCE ON THE REBUILDING OF HAITI, SCHEDULED FOR MAY 2004; FURTHER ASKING THAT THE CITY MANAGER IDENTIFY FACILITIES AND FUNDING SOURCES, INCLUDING BUT NOT LIMITED TO, ANY ACTIVITIES PREVIOUSLY DESIGNATED FOR SPECIAL SUPPORT OF THE HAITIAN COMMUNITY; FURTHER AUTHORIZING THE CITY MANAGER TO PROVIDE "IN KIND" PERSONNEL, VENUES AND PROTOCOL SUPPORT FOR THE ONE (1) DAY CONFERENCE; FURTHER ASKING THE CITY MANAGER TO DIRECTLY CONTACT THE ASSISTANT SECRETARY OF STATE , THE HONORABLE ROGER F. NORIEGA, THROUGH HIS SENIOR POLICY ADVISOR DIBENIGNO. 04-00457 - memo - 1.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0282 Chairman Teele: And the other one. Commissioner Regalado: A resolution of the Miami City Commission directing the City Manager to work with the United States Assistant Secretary of State for Western Hemisphere Affairs, the Honorable Roger Noriega, for the purpose of supporting the U.S. Agency for International Development Bureau for Latin America and the Caribbean; to provide full financial and technical City services support, Police, Fire, Solid Waste and other related departments for the conference on the Rebuilding of Haiti, scheduled for May 2004 in the City of Miami; further asking that the City Manager identify facilities and funding sources, including but not limited to any activities previously designated for a special support of the Haitian community; authorizing the City Manager to provide in kind personnel, venues and protocol support for the one -day conference; asking the City Manager to contact directly the U.S. -- United States Assistant Secretary of State, Roger Noriega, attention Senior Policy Advisor DiBenigno. City ofMiami Page 276 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? Discussion. Mr. Manager -- Commissioner Regalado: By the way, DiBenigno used to work here. Chairman Teele: Yeah. By the way -- Commissioner Regalado: In City Hall. Chairman Teele: We expect at least 10 U.S. Congressmen, as well as two or three Senators and the Governor, and it's getting a very high level of attention, so we'd just like for you all to work with them and do whatever we can. All right. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.3 04-00453 RESOLUTION Votes: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING COCONUT GROVE CARES TO DEFER UNTIL OCTOBER 2004, THE MONTHLY PAYMENTS MADE TO THE CITY OF MIAMI ("CITY") FOR THE OUTSTANDING BALANCE OWED, IN THE AMOUNT OF APPROXIMATELY $27,092, FOR THE USE OF THE COCONUT GROVE EXPO CENTER; COCONUT GROVE CARES WILL PAY AN AMOUNT NOT TO EXCEED $7,000 TO THE CITY EACH MONTH UNTIL THE BALANCE OWED IS PAID IN ITS ENTIRETY; SAID AUTHORIZATION IS CONDITIONED UPON THE ORGANIZERS COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0284 Chairman Teele: Commissioner Winton left and he left one item, I believe. Commissioner Regalado: I have another pocket item here. A resolution -- this is Commissioner Winton's. A resolution of the Miami City Commission authorizing Coconut Grove Cares to defer until October 2004 the monthly payment made to the City ofMiami for the outstanding balance owed in the amount of twenty-seven thousand and ninety-two dollars for the use of the Coconut Grove Expo Center. Coconut Grove Cares will pay an amount not to exceed seven thousand dollars to the City each month until the balance owed is paid totally. Authorization is conditioned upon the organizers complying with all the conditions and limitation as may be prescribed by the City Manager or his designee. Vice Chairman Sanchez: What is this, another extension? This is giving them an extension to pay, right? City ofMiami Page 277 Printed on 12/16/2004 City Commission Verbatim Minutes April 22, 2004 Commissioner Regalado: Yeah, I guess. Vice Chairman Sanchez: It appears that every year we have to give them an extension. Do they pay? Commissioner Regalado: I guess. They owe the City twenty-seven thousand dollars, and what Johnny is proposing is that they pay seven thousand dollars a month. Vice Chairman Sanchez: Did Johnny write that memo? Commissioner Regalado: Yeah, but that's why he left. Vice Chairman Sanchez: That doesn't sound like Johnny. Commissioner Regalado: That's why he left. Vice Chairman Sanchez: That's why he left. That doesn't sound like Johnny. Christina Abrams: Christina Abrams, Director of Public Facilities. They owe the City about ninety-seven thousand dollars for -- Vice Chairman Sanchez: Ninety-seven thousand dollars. Ms. Abrams: IfI can continue. They have already paid off about sixty thousand of it. They owe us a remainder of twenty-seven thousand, and they're in economic hardship. They say they can't pay the late payment until October. Vice Chairman Sanchez: But are they acting in good faith in paying it? Ms. Abrams: They have been paying it. They've been paying on time. Vice Chairman Sanchez: All right. Chairman Teele: Oh, Lordy. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: What are you going to do? Commissioner Regalado: Car races pay, too, right? Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 278 Printed on 12/16/2004