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HomeMy WebLinkAboutCC 2004-05-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 27, 2004 9:00 AM PLANNING & ZONING (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Tee/e, 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 Meeting Minutes May 27, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS PAGE 3 MV - MAYORAL VETOES PAGE 3 AM -APPROVING MINUTES PAGES 3 - 4 ORDER OF THE DAY PAGE 4 CA - CONSENT AGENDA PAGES 6 - 27 M - MAYOR'S ITEMS PAGE 27 D1 - DISTRICT 1 ITEMS PAGE 27 D2 - DISTRICT 2 ITEMS PAGE 27 D3 - DISTRICT 3 ITEMS PAGE 27 D4 - DISTRICT 4 ITEMS PAGES 27 - 49 D5 - DISTRICT 5 ITEMS PAGES 49 - 54 PH - PUBLIC HEARINGS PAGES 55 - 67 EM - EMERGENCY ORDINANCES PAGES 68 - 72 RE - RESOLUTIONS PAGES 73 - 90 BC - BOARDS AND COMMITTEES PAGES 91 - 100 DI - DISCUSSION ITEMS PAGES 101 - 102 ES - EXECUTIVE SESSIONS PAGES 103 - 105 PART B PZ - PLANNING AND ZONING ITEMS PAGES 106 - 169 SI - SUPPLEMENTAL AGENDA PAGE 170 City ofMiami Page 2 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele Absent: Commissioner Gonzalez and Commissioner Winton On the 27th day ofMay, 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 9:37 a.m. by Chairman Arthur E Teele Jr., recessed at 11:53 a.m., reconvened at 3:11 p.m., recessed at 3:28 p.m. to convene the Executive Sessions, reconvened at 4:2 7 A m. and adjourned at 7: 21 p.m. Note for the Record: Commissioner Winton came in at 9:50 a.m. ALSO PRESENT: JoeArriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PRA 04-00563 MAYORAL VETOES PRESENTATION Name of Honoree Presenter Protocol Item Chairman Arthur E. Teele, Jr. Multi -cultural Women of America - Plaque North Miami Beach Senior High 04-00563- cover page- protocol list.pdf Commissioner Regalado presented a plaque to Chairman Teele on behalf of the Multi -culture Women ofAmerica - North Miami Beach Senior High. Chairman Teele: We have a few items, which I should have done first, I suppose, that are protocol items. How many items do we have? Commissioner Regalado: I think we --Mr. Chairman, ifl may, we have one protocol item, and it's aboutyou. Presentations and proclamations. NO MAYORAL VETOES Chairman Teele: I should have announced, as I should have at the beginning of the meeting, that there are no mayoral vetoes. Is there a motion to approve? Commissioner Winton: It took me until my last meeting to get that right. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Winton, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez City ofMiami Page 3 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 ORDER OF DAY Chairman Teele: Is there a motion to approve the minutes of the following meetings? Madam Clerk, read them into the record. Commissioner Winton: So moved. Priscilla A. Thompson (City Clerk): All right. The regular -- I'm sorry, the Planning and Zoning meeting ofApril 22, 2004. Commissioner Winton: What else? Ms. Thompson: We have the regular meeting ofApril 8, 2004; the regular meeting ofMay 7, 2002. Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection in all in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? Direction to the City Manager, City Attorney and City Clerk by Chairman Teele to conform the public notices of agenda items with the direction from the City Commission to reconvene after the noon recess at 2: 30 p.m. Chairman Teele: (INAUDIBLE) 6 --Ladies and gentlemen, we're going to be operating with possibly three Commissioners for the majority of the day so, in effect, everything is a consent item. If anyone would like to see an item deferred or pulled, we would probably do that at the appropriate time. If you feel that your item is in peril, it may be good thatyou would see if the majority of the Commission would agree to a deferral. It would be my intent to respect any persons requesting a deferral, but each -- it would require at least two votes to defer an item. This morning, we want to -- Commissioner Regalado: Commissioner Winton is coming. Chairman Teele: Oh, Commissioner Winton is coming. I was told that he may not be here. This morning we want to ask you to stand for a moment of silent prayer, and then we will do the pledge of allegiance to the flag, but as we're standing, we would ask you to keep in your mind, in your heart our faithful employee, Christina Abrams, who was in a very, very serious tragic car accident, and is literally fighting for her life, with many broken bones and damage to her heart. We pray for her family, as well as for Christina, and for all of our City employees, so we'd ask you to join us in a moment of silent prayer, followed by the pledge. An invocation and the pledge of allegiance to the flag were delivered. Chairman Teele: I believe Commissioner Winton has arrived, and we'll sort of deal with any administrative and housekeeping items. We do have an executive session scheduled for today. What time was that notice for? Priscilla A. Thompson (City Clerk): 2:45 is the first one, sir. Chairman Teele: Well, I thought we had agreed that we were going to start coming back at 2 City ofMiami Page 4 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 o'clock. Commissioner Regalado: Mr. Chairman, I can be here at 2, if you want to. Chairman Teele: But we can't -- the point is, is that we can't do anything on the -- on that until 2:45 because it was noticed that way. Now, what about the Planning meeting? What time was that noticed for? Ms. Thompson: 3 o'clock. 3 o'clock, sir. Chairman Teele: All right. Madam Clerk, Mr. Attorney, Mr. Manager, we voted that all of the items on the Thursday afternoon agenda would be noticed for 2 p.m. Ms. Thompson: 2:30, sir. Chairman Teele: Oh, they said 2:30? Ms. Thompson: 2:30. Chairman Teele: All right, so can we start noticing the Planning and Zoning items for 2:30 instead, Joel? That's what we voted on, right? And what about the Community Development items, what time are they noticed for? Ms. Thompson: They've been noticed for 3 p.m. today. Chairman Teele: OK, so the soonest we can come back will be 2:45 based -- well, if we have other items, we'll make that decision as we go along. It's my understanding, also, Mr. Manager, that the Mayor's office has requested that certain Planning items be brought up today at 11 o'clock, and I don't -- would you just tell us what those items are, and how that's going to work and -- I want to make sure that we have sufficient time for any action by Commissioner Regalado, as well. Go right ahead. Alicia Cuervo Schreiber: Good morning, Commissioners. Alicia Cuervo Schrieber, Chief of Operations. The two items that will becoming time certain is the City's master plan, the kicking off of -- the redoing of the City's master plan, including the City's Code, and also the item to Award the consultant's contractfor that. Chairman Teele: OK, and have you had an opportunity to brief Commissioner Regalado on that and -- Ms. Cuervo Schreiber: All the Commissioners have been briefed. We went to their office and gave them a pres -- a long presentation, today will just be a very short kickoff. Chairman Teele: OK, so 11 o' clock. We should be completed by 11:40 -- Ms. Cuervo Schreiber: Or less. Chairman Teele: -- or less, OK. Good. So we are on notice, and we will ask the staff to be ready with the consultants to start. We do have executive sessions today, starting at 2:45, and we want to be very careful regarding that because we do have our CD (Community Development) interpreter process. All right. With that, are there any other housekeeping items? Commissioner Winton is in the building, I'm advised. Are there items to be deferred from the agenda? Requesting that the budget item remain on the agenda, with the understanding that when it comes up, it will be deferred, but what we would like to do is have any items that need more clarification not to be discussed, but to be directed at that time, so that when it comes up City ofMiami Page 5 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 with the Commission on the 10th, we will do that, so the 10th is set up as a Special Commission meeting, and we're going to be deferring that item to the 10th, and so Mr. Attorney, Madam Clerk, please make sure that those items that are deferred to the 10th are specially annotated. I think that meeting is designated as a special meeting, is it not? Alejandro Vilarello (City Attorney): June 101h was the special meeting for CD only. Chairman Teele: So it requires a vote to put those items on the agenda, I would assume? A special meeting can only hear the items that it's called for, right? Mr. Vilarello: Well, it was a direction to the Manager to limit the number of items on the agenda to CD. Chairman Teele: So, it was not listed as a special item? Mr. Vilarello: I did not see that as a prohibition from the City Manager, placing items on that agenda, but he was directed to limit it, as much as possible, to CD. Chairman Teele: All right. CONSENT AGENDA CA.1 04-00470 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $117,485; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 04 -00470 -cover memo.pdf 04 -00470 -affidavit. pdf 04 -00470 -budgetary impact.pdf 04-00470 - fact sheet - 4.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0328 CA.2 04-00471 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF MARLIN ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-1141, ADOPTED NOVEMBER 13, 2003, FOR THE PROJECT ENTITLED "LIBERTY CITY DRAINAGE IMPROVEMENTS PROJECT, PHASE I, B-50692," FOR PROFESSIONAL ENGINEERING FEES, IN AN AMOUNT NOT TO EXCEED $13,416, INCREASING COMPENSATION FROM $180,380 TO $193,796, BASED ON (1) THE MODIFIED SCOPE OF SERVICES REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL City ofMiami Page 6 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 AMOUNT NOT TO EXCEED $13,416, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 352231 ENTITLED "STORMWATER UTILITY TRUST FUNDS;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-1141 TO REFLECT SAID INCREASE. 04 -00471 -cover memo.pdf 04 -00471 -budgetary impact.pdf 04 -00471 -exhibit 1 -work order. pdf 04 -00471 -exhibit 2-supp. proposal.pdf 04 -00471 -exhibit 3-supp. sites.pdf 04 -00471 -exhibit 4-supp. services.pdf 04 -00471 -exhibit 5 -work breakdown.pdf 04 -00471 -exhibit 6 -proposal for tests.pdf 04 -00471 -exhibit 7 -fee schedule.pdf 04 -00471 -exhibit 8 -phase I.pdf 04 -00471 -exhibit 9 -certificate of ins.pdf 04 -00471 -exhibit 10-spreadsheets.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0329 CA.3 04-00476 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE PURCHASE OF HYDRAULIC PARTS, SUPPLIES AND REPAIRS FROM VARIOUS VENDORS, IN AN ANNUAL AMOUNT NOT TO EXCEED $45,000, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 7271-2/07, EFFECTIVE THROUGH FEBRUARY 7, 2007, WITH THE OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEARS CONSECUTIVELY, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $45,000, 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 PERMITTED BY LAW. 04 -00476 -cover memo.pdf 04 -00476 -contract award .pdf 04 -00476 -invitation to bid.pdf 04 -00476 -award under maimi dade.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez City ofMiami Page 7 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 CA.4 04-00477 R-04-0330 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE PURCHASE OF WELDING REPAIR, MACHINE SHOP AND METAL FABRICATIONS FROM VARIOUS VENDORS, IN AN ANNUAL AMOUNT NOT TO EXCEED $30,000, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 7247-0/07, EFFECTIVE THROUGH SEPTEMBER 30, 2008, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $30,000, 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 PERMITTED BY LAW. 04 -00477 -cover memo .pdf 04 -00477 -award sheet.pdf 04 -00477 -contract award sheet.pdf 04 -00477 -invitation to bid.pdf 04 -00477 -award under miami dade .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0331 CA.5 04-00478 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Parks and OF SYMBIONT SERVICES CORPORATION, FOR THE PURCHASE AND Recreation INSTALLATION OF POOL HEATING/COOLING SYSTEM UNITS FOR THE TWO POOLS AT CHARLES HADLEY PARK, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN THE AMOUNT NOT TO EXCEED $127,620; ALLOCATING FUNDS FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS FROM PROJECT NO. 331419.589307.6.840. 04-00478- cover memo.pdf 04-00478- budgetary impact.pdf 04 -00478 -award recommendation.pdf 04 -00478 -tabulation of bids.pdf 04 -00478 -bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0332 CA.6 04-00479 RESOLUTION City ofMiami Page 8 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, CLASSIFYING THE Fire -Rescue FOLLOWING ITEMS FROM THE DEPARTMENT OF FIRE -RESCUE AS "CATEGORY A" SURPLUS STOCK: TWENTY-NINE LIFEPAK 5 DEFIBRILLATOR/MONITORS, TEN LIFEPAK 200 DEFIBRILLATOR/MONITORS, EIGHT LIFEPAK 250 DEFIBRILLATOR/MONITORS, ONE LIFEPAK RECORDER, AND SEVEN BATTERY SUPPORT SYSTEMS; AUTHORIZING THE DONATION OF SAID SURPLUS STOCK TO THE ASOCIACION BOMBEROS VOLUNTARIOS MONTE MAIZ (A VOLUNTEER FIREFIGHTING ORGANIZATION), OF THE REPUBLIC OF ARGENTINA, AND THE ROME FOUNDATION (PROVIDING MEDICAL SUPPORT TO THE HOSPITALS IN HAITI), WITH A TOTAL ESTIMATED VALUE OF $91,200, TO BE USED TO IMPROVE BASIS HEALTHCARE IN THIRD WORLD COUNTRIES AND DEVELOPING NATIONS. 04 -00479 -cover memo.pdf 04 -00479 -memo from fire.pdf 04 -00479 -pre legislation pgs.pdf 04 -00479 -memo from fire 2.pdf 04 -00479 -disposition of inventory.pdf 04 -00479 -letter. pdf 04 -00479 -letter 2.pdf 04 -00479 -back up.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0333 CA.7 04-00490 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE TOTAL COMPENSATION TO DAVISLOGIC INC., D/B/A ALL HANDS CONSULTING ("DAVISLOGIC"), APPROVED BY RESOLUTION NO. 03-190, ADOPTED FEBRUARY 27, 2003, AMENDED BY RESOLUTION NO. 03-1085, ADOPTED OCTOBER 9, 2003, IN AN AMOUNT NOT TO EXCEED $797,633, FROM $1,059,060 TO $1,856,693, TO PROVIDE PART D SERVICES, AND ANY OTHER ADDITIONAL SERVICES CONSISTENT WITH THE OVERALL SCOPE OF WORK, FOR COMPREHENSIVE EMERGENCY PLANNING AND TERRORISM PREPAREDNESS PLANNING AND TRAINING SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND ALL OTHER CITY OF MIAMI DEPARTMENTS INVOLVED IN THE URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM II, SUBJECT TO CERTAIN LIMITATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND DAVISLOGIC; AMENDING RESOLUTION NO. 03-1085 TO REFLECT SAID INCREASE(S); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS PROVIDING FOR FURTHER INCREASES TO THE AGREEMENT WHICH DO NOT EXCEED THE TOTAL COMPENSATION OF $1,856,693 BY MORE THAN TEN PERCENT (10%); ALLOCATING FUNDS FOR SAID INCREASE(S) FROM URBAN AREAS SECURITY City ofMiami Page 9 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 INITIATIVE ("UASI") PROGRAM II PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.270, SUBJECT TO BUDGETARY APPROVAL. 04 -00490 -cover memo.pdf 04 -00490 -budgetary impact.pdf 04 -00490 -project proposal.pdf 04-00490-deliverables.pdf 04 -00490 -progress report.pdf 04 -00490 -letter. pdf 04 -00490 -memo from purchasing.pdf 04 -00490 -contract extension.pdf 04 -00490 -pre legislation 1.pdf 04 -00490 -pre legislation 2.pdf 04-00490-psa.pdf 04 -00490 -certificate of insurance 2.pdf 04 -00490 -letters 2.pdf 04 -00490 -corporate reso.pdf 04 -00490 -amendment to agree.pdf 04 -00490 -scope of work.pdf 04 -00490 -certificate of insurance 3.pdf 04 -00490 -letter 3.pdf 04 -00490 -increase of RFQ.pdf 04 -00490 -exhibit 1 -project proposal.pdf 04 -00490 -exhibit 2- 2nd amendment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0334 CA.8 04-00491 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Police OF MARTIN'S LAMAR UNIFORMS, FOR GROUP 1, (ALTERNATE BID) AND HARRISON UNIFORMS, FOR GROUPS 2 THROUGH 9, FOR THE PROVISION OF UNIFORMS AND ACCESSORIES, FOR THE DEPARTMENT OF POLICE, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A FIRST YEAR ANNUAL AMOUNT NOT TO EXCEED $950,000, SUBJECT TO AN INCREASE OF 4% FOR MARTIN'S LAMAR UNIFORM FOR EACH YEAR THEREAFTER, AND AN INCREASE OF 6% FOR HARRISON UNIFORMS FOR EACH YEAR THEREAFTER; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.075. 04 -0091 -cover memo.pdf 04 -0091 -award recommendation.pdf 04 -0091 -tabulation of bids.pdf 04 -0091 -memo from police.pdf 04-00491 - fact sheet - 5.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 10 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0335 CA.9 04-00492 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF T.J. PAVEMENT CORPORATION, FOR THE PROJECT ENTITLED "BRYAN PARK RIGHT-OF-WAY IMPROVEMENTS, B-30303," IN AN AMOUNT NOT TO EXCEED $125,676; ALLOCATING FUNDS FOR CONTRACT COSTS IN AN AMOUNT NOT TO EXCEED $125,676, PLUS $17,038.89 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 341206, IN AN AMOUNT NOT TO EXCEED $100,000, AND CIP NO. 311714, IN AN AMOUNT NOT TO EXCEED $42,714.89, FOR TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $142,714.89, AS SET FORTH IN THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04 -00492 -cover memo.pdf 04 -00492 -budgetary impact.pdf 04 -00492 -exhibit 1 -formal bid.pdf 04 -00492 -exhibit 2 -fact sheet.pdf 04 -00492 -exhibit 3-contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0336 CA.10 04-00496 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), TRANSFERRING AND ADDING A PORTION OF NORTHEAST 36TH STREET, TOGETHER WILL ALL PUBLIC RIGHT-OF-WAYS ADJACENT, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE JURISDICTIONAL RESPONSIBILITY OF THE STATE OF FLORIDA HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29, FLORIDA STATUTES; AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT ROAD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING FDOT TO RECLASSIFY THE SUBJECT ROAD FROM URBAN LOCAL TO URBAN MINOR ARTERIAL IN THE UPCOMING FEDERAL FUNCTIONAL CLASSIFICATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 11 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04 -00496 -cover memo.pdf 04 -00496 -exhibit 1 -location sketch.pdf 04 -00496 -exhibit 2 -legal description.pdf 04 -00496 -exhibit 3-maps.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0337 CA.11 04-00498 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE PURCHASE AND INSTALLATION OF CALL TAKER/DISPATCH CONSOLES AND OTHER FURNITURE AND EQUIPMENT, AS LISTED ON THE ATTACHMENT(S), ATTACHED AND INCORPORATED, IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $426,291.87, INCLUDING A $25,000 OWNER'S ALLOWANCE TO EXPEND FOR UNFORESEEABLE CIRCUMSTANCES, FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE'S 911 CENTERS FROM WRIGHT-LINE, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-01-1, EFFECTIVE UNTIL MARCH 31, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, ALLOCATING FUNDS FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196003.290531.6.850 IN AN AMOUNT NOT TO EXCEED $298,172.59, AND CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 311052, IN AN AMOUNT NOT TO EXCEED $128,119.38. 04 -00498 -cover memo.pdf 04 -00498 -budgetary impact E911.pdf 04 -00498 -budgetary impact CIP.pdf 04 -00498 -award understate of FL.pdf 04-00498-exh i bitl . pdf 04-00498-exh i bit2. pdf 04-00498-exh i bit3. pdf 04-00498 - fact sheet - 8.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0338 CA.12 04-00500 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF METRIC ENGINEERING, INC. ("ENGINEER"), SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING FIRMS, APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, FOR THE DESIGN DEVELOPMENT, PREPARATION OF BID AND CONSTRUCTION DOCUMENTS, AND PERMIT AND CONSTRUCTION ADMINISTRATION SERVICES RELATED TO THE "BISCAYNE BOULEVARD CROSS STREETS City ofMiami Page 12 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 TWO-WAY CONVERSION (9TH STREET, 10TH STREET, 11TH STREET) PROJECT, JOB NUMBER B-33100," IN AN AMOUNT NOT TO EXCEED $136,609, BASED ON: (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR THE PROJECT AND (2) THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH THE ENGINEER EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $136,609, FOR SAID PROJECT, FROM CAPITAL IMPROVEMENT PROJECT NO. 341330 ENTITLED "CITYWIDE TRANSPORTATION AND TRANSIT." 04 -00500 -cover memo.pdf 04 -00500 -budgetary impact.pdf 04 -00500 -pre psa.pdf 04 -00500 -pre legislation.pdf 04 -00500 -exhibit 1 -work order auth.pdf 04 -00500 -exhibit 2-letter.pdf 04 -00500 -exhibit 3- proposal.pdf 04 -00500 -exhibit 4- fee estimate.pdf 04 -00500 -exhibit 5- proposal 2.pdf 04 -00500 -exhibit 6- rev. fee proposal.pdf 04 -00500 -exhibit 7- prop. for subsurface.pdf 04 -00500 -exhibit 8- letter 2.pdf 04 -00500 -exhibit 9- certificate of ins.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0339 CA.13 04-00501 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), THE CONVEYANCE OF THE FOLLOWING TWO PARCELS OF LAND FOR PUBLIC PURPOSE USE SUBJECT TO COMPLETION OF DUE DILIGENCE BY THE CITY OF MIAMI ("CITY') INCLUDING, BUT NOT LIMITED TO, REVIEW OF THE SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE WORK AND INSURANCE: (A) PARCEL 1 CONTAINING APPROXIMATELY 1.7 ACRES OF LAND LOCATED AT APPROXIMATELY NORTHWEST 20TH STREET, ADJACENT TO INTERSTATE HIGHWAY NO. 95, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $16,000, FROM THE CAPITAL IMPROVEMENT PROJECTS ("CIP"), POLICE TRAINING FACILITY FUNDING PROJECT ACCOUNT NO. 312043.509307.270, APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES; AND (B) PARCEL 2 CONTAINING APPROXIMATELY 2.31 ACRES OF LAND LOCATED BETWEEN NORTHWEST 15TH STREET AND 17TH STREET, City ofMiami Page 13 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 ALONG NORTHWEST 6TH PLACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $22,000, FROM CIP, WAGNER CREEK RENOVATIONS - PHASE IV, PROJECT ACCOUNT NO. 352259.509301.270, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES. 04 -00501 -cover memo.pdf 04 -00501 -budgetary impact.pdf 04-00501-exhibits.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado and was passed unanimously, with Commissioners Gonzalez and Winton absent, to DEFER item CA. 13 to the Commission Meeting currently scheduled for June 10, 2004. CA.14 04-00502 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MIAMI FIRST SOURCE HIRING COMMUNITY BENEFITS PROGRAM AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR LOCAL COMMUNITY INVOLVEMENT IN THE PROJECT TO BE DEVELOPED BY FLAGSTONE ("PROJECT") ON WATSON ISLAND, MIAMI, FLORIDA, BY PROVIDING PARTICIPATION IN TRAINING, CONSTRUCTION AND OPERATION OF THE PROJECT BY LOW INCOME INDIVIDUALS RESIDING IN THE CITY AND MIAMI-DADE COUNTY, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 04 -00502 -cover memo.pdf 04 -00502 -exhibit 1-agreement.pdf 04 -00502 -exhibit 2- annual point calc. sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0340 CA.15 04-00469 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTER -LOCAL AGREEMENT ("AGREEMENT") WITH MIAMI-DADE COUNTY ("COUNTY'), CONSISTING OF A NON-BINDING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY TO IMPLEMENT A SINGLE CONSOLIDATED COUNTY/CITYWIDE 311 CALL ANSWER CENTER THAT WILL PROVIDE CITIZENS WITH A SIMPLIFIED WAY TO ACCESS COUNTY AND CITY INFORMATION AND SERVICES; RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 03-1125, ADOPTED DECEMBER 18, 2003, WHICH APPROVED AN EARLIER VERSION OF THIS AGREEMENT. City ofMiami Page 14 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04 -00469 -cover memo.pdf 04 -00469 -budgetary impact.pdf 04 -00469 -pre legislation.pdf 04 -00469 -exhibit 1- agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0341 CA.16 04-00448 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING Parks and RESOLUTION NO. 03-938, ADOPTED SEPTEMBER 11, 2003, WHICH Recreation INCREASED THE CONTRACT AWARDED TO J. BALSERA SCHOOL SERVICE, INC., PURSUANT TO RESOLUTION NO. 02-510, ADOPTED MAY 9, 2002, FOR THE PROVISION OF YEAR-ROUND BUS TRANSPORTATION SERVICES, FOR THE DEPARTMENT OF PARKS AND RECREATION, RELATED TO THE HEART OF OUR PARKS PROGRAM, IN AN ANNUAL AMOUNT NOT TO EXCEED $67,500; AMENDING RESOLUTION NO. 03-9387 TO REFLECT THAT APPROPRIATE PRICE ADJUSTMENTS TO THE CONTRACT AMOUNT WILL BE BASED ON THE CURRENT YEAR CONSUMER PRICE INDEX. 04 -00448 -cover memo.pdf 04 -00448 -pre legislation.pdf 04 -00448 -pre cover memo.pdf 04 -00448 -pre budgetary impact.pdf 04 -00448 -pre memo from parks.pdf 04 -00448 -pre legislation 2.pdf 04 -00448 -pre legislation 3.pdf 04 -00448 -pre cover memo 2.pdf 04 -00448 -pre budgetary impact. 2.pdf 04 -00448 -pre memo from procurement.pdf 04 -00448 -pre bid award.pdf 04 -00448 -pre tabulations.pdf 04 -00448 -pre bid security list.pdf 04 -00448 -invitation for bids.pdf 04-00448-amendment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0342 CA.17 04-00527 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE City ofMiami Page 15 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION AND THE CITY OF MIAMI, TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS RELATING TO THE MIAMI RIVER FOR A TWO-YEAR PERIOD ENDING ON SEPTEMBER 30,2004; ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $25,000, FROM THE GENERAL FUND NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930. 04 -00527 -cover memo.pdf 04 -00527 -budgetary impact.pdf 04 -00527 -insurance approval form.pdf 04 -00527 -exhibit 1-agreement.pdf 04 -00527 -exhibit 2- scope of work.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0343 CA.18 04-00544 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-022, THAT THE MOST QUALIFIED FIRMS TO PROVIDE A MASTER PLAN FOR BICENTENNIAL PARK "MUSEUM PARK MIAMI," FOR THE OFFICE OF THE CITY MANAGER ARE, IN RANK ORDER: (1) COOPER ROBERTSON & PARTNERS, AND (2) EDAW, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), WITH COOPER ROBERTSON & PARTNERS, THE TOP-RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, EDAW, INC., IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR APPROVAL. 04 -00544 -cover memo.pdf 04 -00544 -master plan.pdf 04 -00544 -pre legislation.pdf 04 -00544 -pre legislation 2.pdf 04 -00544 -acceptance of recommendation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0344 Direction to the City Manager by Chairman Teele to develop a realistic timeline for proposed development of Bicentennial Park and bring it back to the Commission for its approval; further directing the Manager to maximize the public use of the park space. CA.19 04-00545 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING AN City ofMiami Page 16 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 INCREASE IN THE PURCHASE ORDER WITH COHABI GROUP, INC., FOR THE PROJECT ENTITLED "OVERTOWN SHOPPING CENTER -GREASE TRAP, B-3279," IN AN AMOUNT NOT TO EXCEED $35,000, INCREASING THE AMOUNT FROM $21,840 TO $56,840, FOR ADDITIONAL WORK REQUIRED; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311062; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04 -00545 -cover memo.pdf 04 -00545 -budgetary impact.pdf 04 -00545 -purchase orders.pdf 04 -00545 -pre memo 1.pdf 04 -00545 -pre memo 2.pdf 04 -00545 -pre legislation.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez and was passed unanimously, with Commissioners Gonzalez and Winton absent, to table item CA. 19 to 4 p.m. today. Direction to the City Attorney by Chairman Teele to provide the Commission with a background summary of the litigation and court ordered settlement with Crown Supermarket. Chairman Teele: All right. Now, we're about finished. We've got a couple of items; CA. 19; we've got a -- CA. 19, which was moved from the regular agenda. They asked that it be deferred. It was a substitute. Who's the item -- staff on the Grease Trap? Please, please. The staff on the Grease Trap. Not everybody at once, please. CA. 19, Grease Trap. Why not the Public Works Director? Madam Director, why don't you come up and tell us what we're doing. Commissioner Regalado: Oh, CA. 19. Glenn Marcos (Director, Purchasing): Commissioners, it's not my item, but I'm going to help you guys out here, so -- Chairman Teele: You're not helping me; you're helping your colleagues. Mr. Marcos: Well, I'll help the administration out. Glenn Marcos, Purchasing Director. What you have before you is actually a request to increase the purchase order, and it was an emergency that was done over a year ago to conduct some work in the Overtown area, which is the Overtown Shopping Center, and it's actually to increase the work to the Grease Trap. The actual increase is twenty-one thousand dollars -- twenty-one thousand, eight hundred and forty dollars, and we're increasing the amount of the purchase order from thirty-five thousand to fifty-six thousand, eight hundred and forty dollars. Chairman Teele: I'm totally unaware of the litigation. Madam Attorney, this document makes reference to pursuant to litigation. Would you provide us with a --provide me and the Commission with a summary and a copy ofjudge's order and background on the litigation? Maria J. Chiaro (Assistant City Attorney): Yes, sir. Chairman Teele: OK. Is there a motion at the Manager's request? This has been -- you do have a substitute item out here, don't you? I saw a substitute floating -- Mr. Marcos: Yes, sir. Vicky Guerrero should have handed out the Commissioners'substitute item. City ofMiami Page 17 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Who? Mr. Marcos: Vicky. Chairman Teele: Where is she? Mr. Marcos: I'm not sure. Ms. Cuervo Schreiber: Commissioners, Mary Conway's out with a family illness, but do have CA. 19 is a resolution to approve an increase of the purchase order, resulting -- Chairman Teele: Is this the substitute -- there was a substitute -- Ms. Cuervo Schreiber: This is the substitute -- Chairman Teele: All right, fine. Ms. Cuervo Schreiber: --pursuant to a court order settlement with Crown Supermarket, and it was issued on September 24, 2003. Chairman Teele: What's the total amount that we're -- Ms. Cuervo Schreiber: In the amount of twenty-one thousand, eight hundred and forty. Chairman Teele: We're increasing it by twenty-one thousand? Mr. Marcos: Yes, sir, but the actual substitute item was to take care of the fact that this is an emergency, which requires a four fifths vote, which we currently do not have. Commissioner Winton: A little minor detail. Chairman Teele: All right. Would someone like to go see if Commissioner Sanchez has left the building yet? Commissioner Winton: Since when --I mean, we ratify and approve emergency expenditures all the time. Chairman Teele: Everyday. Commissioner Winton: So why isn't this one of those? If it's an emergency, why isn't the Manager fxing it and we're ratifying it? Chairman Teele: Is it beingfixed now? Ms. Cuervo Schreiber: Commissioners, yes. As a matter of fact, it's not -- the increase to fix what was found in the field increases it to thirty-five thousand from the twenty-one thousand, eight hundred and forty. Chairman Teele: The question is, is it being fixed right now? Ms. Cuervo Schreiber: It is beingfixed right now. It will be completed within 120 days. Commissioner Winton: So we don't need to vote on anything. You guys are --you'll bring back a ratif cation? City ofMiami Page 18 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Or they can bring it back in two weeks and -- Commissioner Winton: Yeah. Chairman Teele: -- we'll approve it. The Manager, I think, doesn't want to get a lot of these ratifications. Commissioner Winton: No, and we agree with that. Chairman Teele: All right. Commissioner Winton: We've chastised him over that. Chairman Teele: We don't have four people, so there's nothing we can do. Commissioner Winton: We'll give him a break on this one. Chairman Teele: We'll give him a break. Tell him he's got a gold star on this one. All right. Mr. Marcos: OK. CA.20 04-00473 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") CRIME AND DRUG DEMAND REDUCTION PROGRAM VIII" AND APPROPRIATING A GRANT AWARD, IN THE AMOUNT OF $45,000, FROM THE SOUTH FLORIDA HIDTA THROUGH THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IMPLEMENTING ACCEPTANCE OF SAID GRANT. 04 -00473 -cover memo.pdf 04 -00473 -letter to the chief.pdf 04 -00473 -reimbursable agreement.pdf 04-00473 - fact sheet - 4.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0345 Adopted the Consent Agenda Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Chairman Teele: Discussion or items to be withdrawn. Are there any items to be withdrawn from the consent agenda? City ofMiami Page 19 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Vice Chairman Sanchez: Item I5 for discussion. Chairman Teele: For consent agenda? Vice Chairman Sanchez: Yes, sir. Chairman Teele: OK. We'll just hold that for discussion today? All right. Any other item? Alejandro Vilarello (City Attorney): Yes, sir, Mr. Chairman. CA. 13, we want to withdraw from the consent agenda, and move that to the June 10th Commission meeting, and CA. 19, to remove from the consent agenda to discuss at 4 p.m. today. Chairman Teele: All right. We have a motion by Commissioner -- to defer item CA. 13 to the June 10th agenda. Is it moved by -- Vice Chairman Sanchez: So moved. 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: And then we have a request to withdraw the CA. 19, and place it on the regular agenda today at 4 p.m. Is there a motion? Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. And then we had -- didn't we have one other, CA. 15? Oh, CA. 15 -- Vice Chairman Sanchez: Discussion Chairman Teele: -- is up for discussion. Is there any other item to be deferred or withdrawn from the agenda? Commissioner Regalado: For discussion, Mr. Chairman, CA. 18. I just have a question. Chairman Teele: All right. CA. 15 and CA. 18. Staff that handles those two items, please come forward. We'll do it at this time. CA. 15 for discussion. Vice Chairman Sanchez: Thank you, Mr. Chairman. This item, I just want to bring it out for clarification. It was brought in front of this Commission approximately about six months ago, and it's my understanding that we directed the City Manager to go out -- I mean, we basically gave it -- gave this agreement teeth. This is a completely different agreement coming back. This agreement is basically based in good faith, and really not enforceable, a non-binding agreement, which -- a loose contract, such as this one, is fine as long as we have Mr. Arriola as our City City ofMiami Page 20 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Manager and George Burgess at the County. I mean, I don't have a problem with that, as long as there's understanding, possibly defined as an MOU (Memorandum of Understanding), but what would happen if -- you know, for whatever reason, being that it's a non-binding, non-negotiable contract, I just want to get assurance from the administration that it's in the best interest of the City. Joe Arriola (City Manager): Commissioner, it's kind of a long history in 311. The -- at the end of the day, what we have is that we're going to be served exactly at the same level, with the exact same people, the whole thing, as the County. There is -- the biggest change here is that before, we had some -- we can go and take a number and go home. Right now, that ability does not exist. We have to live with the same code and the same service that they were going to give -- the County is going to give Countywide. We're not going to get --the problem is that even if we were to take our number and go home, there's nothing we could do about it, because we couldn't have money or resources to put a 311 on our own. I mean, it would cost in the excess of ten million dollars, and about three or four million dollars a year for us to run our own 311, which it wouldn't make any sense because we would be getting calls from the whole world. I mean, the whole County. So, while this is not the perfect contract, it's really about the only kind of contract we can enter because we're going to be judged -- I mean, we're going to be serviced exactly in the same basis as the County is serviced, and we'll have some input on how that service is going to go. In the event that we're unhappy with the service, there's very little we could do. In the other contract, we could take our number and go home, but that means that we -- this was nothing we could do with it either, so it's kind of like, this is a partnership and we better get along because we have no choice, and the good side is, we're going to save -- we're going to have a service for free, where every other municipality is going to end up paying a lot of money to participate in this process. They're going to be charged and we're not. Vice Chairman Sanchez: And knowing the history of the County's relationship with the City, what was to say that three years from now, the County says, forget about it. You know, we -- it is a non-binding agreement and it's unenforceable, what would happen to our interest? Mr. Arriola: A non-binding -- in other words, you're saying that they would discontinue using 3 -- they can never charge us -- Vice Chairman Sanchez: Right. Mr. Arriola: --for the service. Vice Chairman Sanchez: But can they say, that's it. You know, we're going to terminate it; we're not going to do it? Mr. Arriola: No, no, no, no, no, no, no. Alejandro Vilarello (City Attorney): Only if they stop -- if they terminate -- well, actually, they can terminate the services to the City -- Vice Chairman Sanchez: non-binding -- Mr. Vilarello: -- with 360 -days notice. Vice Chairman Sanchez: That's my concern, you know. That's why, when I read this, it popped up, looking at --you know, we do have fiduciary responsibility for the City and not -- basically, you know, there's some concern. We just want to make sure everything's crystal clear. Don Radell: Just a clarification, ifl can. Don Radell, Director of City Stat 311. Just a clarification on the cancellation. There is a requirement that the County give us 360 -days notice City ofMiami Page 21 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 to cancel. Vice Chairman Sanchez: 360 days. Mr. Radell: 360 days, one year. Vice Chairman Sanchez: One year. Hr. Radell: And, technically, we would be able to start our own call center at that point, if we did --if the relationship did breakdown. There is a portion in this agreement where we have all stated that we will allow -- if we do break up the agreement, we will be able to reestablish the 311 number for the City central offices, so that we could run, if we had the money that Joe was talking about, run our own call center at that point. It is a very expensive process; it is labor-intensive, and it's very difficult to run a call center. I hope we don't have to do that, but we do have the right, after a 360 -day notice, to take that number for the City area and run our own call center. That's already there as our right. The way this should work is that this number should be an area -wide number so that the citizens don't have to be confused by where they're calling. If we have a 311 number, and the County has a 311 number, and Miami Beach has a 311 number, you can see the confusion in the minds of the citizens, or where they get routed with mobile phones active all over the place. You could be a City resident in the County, calling 311 and going to the County. It's just not tenable anymore to think that we can have these isolated little call centers, so I think the idea that the County has is they want to become a County -wide call center direct information to the citizens that's City related and direct requests for service to the City for the citizen, and that's the right way to do this for the citizens. I just hope that we can be mature enough, as municipalities, to keep this relationship going forward. Vice Chairman Sanchez: Thank you. All right. Mr. Chairman, so move CA. 15. Commissioner Regalado: Mr. Chairman, I have a question on CA. 18. Chairman Teele: Hold on. Vice Chairman Sanchez: No, no, no, no. Chairman Teele: On CA. 15 -- Vice Chairman Sanchez: So move CA. 15. Chairman Teele: Wait, wait, wait. Where we are positioned right now is it's not necessary to do a motion. We just held it for discussion. We'll move the whole packet atone time. Vice Chairman Sanchez: Oh, we haven't voted on the -- Chairman Teele: We've not voted on any of the consent items. We held the packet, but let me just say this. 1 --huh? Vice Chairman Sanchez: I stand correct. Chairman Teele: I looked at the item and I said that I would not comment if no one else commented, but AIr. Manager, it is very clear to me that this item is in the best interest of the public and the City. My concern, however, is the County is advancing the 311 process. The County gets no real particular benefit, theoretically, theoretically. The problem is, the County determines the entire agenda of the City, and I've said repeatedly -- I'll say it again -- when we place an item on this agenda for the County, I would like to see an item that the City is placing also on the agenda that the County is agreeing to. See, we're always agreeing. The last time we City ofMiami Page 22 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 had an item on the agenda was when Commissioner Winton was releasing money or something relating to the -- what was the item, Mr. Attorney, that we had this discussion about three months ago? It was an item relating to the American Airline Arena or the Bicentennial. Hr. Arriola: Oh, Parcel B. Hr. Vilarello: Parcel B. Chairman Teele: Parcel B, and we had that discussion. I said, look, it's not -- I don't have a problem with it, but why do we always move the items that the County has got? We've got a whole series of item that's we're still tries to get a decision on. Do we have any decision yet on the payment in lieu of taxes in public housing? Hr. Arriola: No, sir. Chairman Teele: I mean, it's a 911/311 kind of issue. Do we know how much more we pay to the Fire -- in Fire services, and Police services, and other services, and the County reimburses us? How much does the County reimburse us for the payment in lieu of taxes for public housing in the City? Hr. Arriola: A hundred and some thousand dollars. It's not enough. Chairman Teele: About a hundred and some thousand, and as I recall, the fire study that we had, when we were doing the fire fee, we provide well in excess of five or six hundred thousand dollars in services alone, so the citizens of this community are again subsidizing, inappropriately, Dade County, and that's an easy one because that's one in which the County can get reimbursement for the federal government for. They get reimbursement for their expenses, you know. They're not stiffing Florida Power & Light. Hr. Arriola: They're not. Chairman Teele: You know, they pay the bill to Florida Power & Light, the County does, for public housing, so why can't they pay the City for the services we're providing? Again, it's the same basic principal, and I don't blame the County. IfI were sitting on the County side, I would be doing exactly what the County is doing. I'm not sitting on the County side, and I'm basically saying, we need to be doing what the City ought to be doing, so the 311, I don't have a problem with. The problem is, there's no companion item that's being moved to the County for them to approve— Hr. Arriola: They have a companion item going on Tuesday. Chairman Teele: On a different matter? Hr. Arriola: On 311. Chairman Teele: Yeah, but if we don't do the -- what happens if we don't do this? We set up our own 311, right? Hr. Arriola: We can't set up our own 311, sir. I mean, you know, let's just be very realistic. Chairman Teele: Oh, I was told three months ago, four months ago that we could set up our own 311. Hr. Arriola: We could set it up, but we have no funding. City ofMiami Page 23 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: Yeah. Hr. Arriola: I mean, there's no way. And let me tell you, that's -- and I still own call centers. know the business very well. There's no way in the world that this City could ever set up their own 311. Noway. Chairman Teele: I'll take your word for it. Hr. Radell: Plus, Commissioner -- Chairman Teele, just to clarify a little bit of how the world has changed. The mobile phone business has really kind of forced these isolated call centers into a little bit of a controversy. What happens is, we set up our own 311 number, it's going to be very difficult to advertise to the citizens that we are only here to answer City calls, so what will happen is -- Chairman Teele: It's notfair to the public. Hr. Radell: It isn't fair to the public. Chairman Teele: I mean, it's not fair to -- I mean -- Hr. Radell: That's absolutely correct, sir. It just causes more confusion out there, and the phone calls don't get directed to the proper municipality. Chairman Teele: Igo back to my original statement. I have no objections to to it, and I understand it. I just would like very much to see movement on some of the issues, some of the two pages of issues that we have to come forward. Hr. Arriola: We're working very hard on it, sir, believe me. Chairman Teele: Thank you. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, on CA. 18, just two questions. This is the master plan for Bicentennial ParkHuseum ParkHiami. The City Commission fully support it; I fully support it, the concept ofMuseum ParkHiami, but two questions. The Manager is about to enter an agreement with some firms to do the master plan. How much is this estimated for the City to pay for the master plan? Hr. Arriola: We are actually asking for permission to -- Commissioner Regalado: To enter, but you have an idea how much this -- Hr. Arriola: No, sir. You know, that's what we're doing right now, entering -- Commissioner Regalado: Well, I thought that there was an RFQ (Request For Qualification) or an RFP (Request for Proposal) done. Hs. Cuervo Schreiber: Commissioner. Alicia Cuervo Schrieber. After we give the award, we negotiate the contract. I believe, in early September, after the break or, hopefully, in July, we'll come back to you with a negotiated amount that is budgeted. Commissioner Regalado: OK, so it cost money. When -- where's that fund coming from, general budget or -- Hs. Cuervo Schreiber: IfAnna was here -- I want to say it's out of the planning budget, but then something tells me it's in the capital improvement. I could get that answer back to you by this City ofMiami Page 24 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 afternoon -- in a couple hours. Commissioner Regalado: The second question is, what do we do with the master plan for the Museum ParkHiami if the bond issue is not approved, the GOB (General Obligation) bond? Commissioner Winton: I can help answer that. This plan will create the design scheme for the land, for the whole park, and it will cite where the museums would go if they get their money. You could still build the grounds the way the plan calls for the grounds to be built, and you landscape the area with a pad; the footprint for the buildings would potentially be at some point down the road, and those are kind of set aside, if you will. They'll be landscaped in a fashion that shows that it's a set aside for a future building, but you could create museum park without putting a single museum in it. Hs. Cuervo Schreiber: And, Commissioner, there are dollars from the Homeland Defense Bond, you know, for the park land itself, and for the sea walls that we've been working on those projects -- are being under construction right now, as we speak. Commissioner Winton: And the reason that the consultants are going to be required to do that is for the very point you're talking about. Who knows if we end up with the museums in the park, because we don't have an absolute funding source for either of the museums yet? So this has to be designed in a fashion so that we can get the park in use as fast as we can, and not be held up by any other funding source, which is clearly the objective. Commissioner Regalado: So there's plan 'A" and plan "B. " Hs. Cuervo Schreiber: The pedestrian walkways continue to move forward. The sea wall is moving forward with three FIND (Florida Inland Navigation District) grants. One of them is under construction today, and we will deal with -- if we do not getfundingfor the museums, we'll deal with just the park component once the master plan is in. Commissioner Winton: And by the way, we don't have all the funding for that either in place. Commissioner Regalado: I'm just asking because, tome -- Commissioner Winton: Those are good questions. Commissioner Regalado: Tome it doesn't make sense, you know, to do a plan if we don't know we're going to get the money, so however, we're going to have the site for the museum if the bond issue is approved. If the bond issue is not approved, then probably they'll go try to seek the money from private people, but the museum will be smaller because the -- they are committed to raise probably seventy million dollars, and the museum bond issue is two hundred million dollars, so it has to be a smaller museum, so they need to do a plan "C. " Commissioner Winton: And we're running -- Commissioner Regalado: Make sense. Commissioner Winton: Correct. Chairman Teele: Further discussion? Commissioner Regalado: No, no more discussion. Commissioner Winton: No. City ofMiami Page 25 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Alicia. Gillian Thomas: May I just -- I have a question. I'm Gillian Thomas from the Miami Museum of Science and Planetarium, and we've been working very closely with the Miami ArtHuseum, and what would just like to say is that the master plan going forward is an extremely positive action for both of the museums in enabling them to do their fundraising effectively. It's a fantastic signal from the City that there is a support for the two museums, and having an identified location so that we can then finalize our architectural briefs enables us to move forward. With just a site allocation there, but no specific master planning, it's much more difficult, so we really appreciate the support of this City, and we really hope it will go forward very rapidly. Thank you. Chairman Teele: Thank you very much, and we certainly welcome you being here today, and we want to encourage the museums to work together. Alicia, though, I do think -- Hr. Arriola: Commissioner -- Chairman Teele: Before you do, Mr. Manager. Alicia, I do think Commissioner Regalado's question deserves the dignity of an answer, and his question, as I recall, was where are the other funds coming from? Now, I must admit, when he asked the question, I said the 255. I had no idea it was not coming from the 255. Commissioner Winton: I think it's coming from 255 -- Chairman Teele: But I thought it was coming from the 255 in the early discussion, so again, I would like to ask the question and hope that staff would -- Hs. Cuervo Schreiber: We have just verified that, Commissioner. Chairman Teele: --focus on questions and focus on answers. Is it coming from the 255 or not? Hs. Cuervo Schreiber: Yes. We just verified that. It is in the frontpage of the report. I think it's paragraph 3. Chairman Teele: Well, that -- I was aware of that, butt was more unaware of your answer, that you didn't know where it was coming from. Is the engineering coming from the 255? Hs. Cuervo Schreiber: The engineer -- the soft costs are coming from the 255. Chairman Teele: Item 2 -- Item 19 or whatever -- what item is this, 19 or --18? Hs. Cuervo Schreiber: 18. Chairman Teele: That's the answer, it's coming from the 255. Hs. Cuervo Schreiber: Thank you, Commissioner. Chairman Teele: Alicia, in that regard, we seem to be getting in a little trouble with the public, and I really would appreciate if we would figure out what a realistic time line is on the park, and let it come before this Commission for approval. I really don't want to have the kind of situation that's going on over at the Coconut Grove Center, where we announce things, and Mr. Manager, my observation is that the City is overly aggressive in moving people out and moving people around. I'm looking now at Watson Island. I was over there the other day, and all those people are gone. You remember the fuel people and all of that? People are now complaining, no place to fuel, and we had to have it, we had to have it. Then I read in the Miami Herald, I guess City ofMiami Page 26 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 yesterday or today, that we don't even have approval from the Cabinet yet, the -- what's the constitutional agency, the Board of Land Trustees. Commissioner Winton: The Cabinet. Chairman Teele: Huh? Commissioner Winton: Cabinet. Chairman Teele: It's the Board of Land Trustees. Portions of the Florida Cabinet sitting as that. You know, my only caution would be, as long as these facilities can be used intelligently, safely by the public -- and I'm speaking to the Bicentennial Park issue -- I think we should make sure we don't just man -handle the public the way we man -handled the people at Watson Island because it's not fair, and specifically, the people -- I told the people with the Haitian Flag Day, for example, you know, I don't know when this time line is going to be, but you know, you need to start thinking about going somewhere else other than Bicentennial Park, butt would hope that the Bayfront Trust, and your office, and others would work with the public to make sure we maximize the public use of the space, until we're really ready for it, because I don't think we were ready to do what they did at Watson Island, the way we've done it. Commissioner Winton: I'd like to speak to that. Watson Island and Bicentennial Park are two radically different things, and I'm going to only speak to Bicentennial Park. The effort and entire mission related to moving forward with Bicentennial Park is to, in fact, keep it -- make it more active as opposed to less active, and we're doing things in incremental steps as we get money, so with each step, we create an environment where maybe more people could use the park, and that's -- because we know -- Chairman Teele: Especially the pedestrian -- I mean, the -- Commissioner Winton: Yes, and we know we don't have the money to do all the things, because we never set aside the money. Even in the bond issue, I think we have ten million, and we estimated that, back then, that it would cost us, I think, twenty-two million to do a park without the museums, and that didn't assume that the entire sea wall had failed, which it has, so we're probably in the neighborhood of twenty-seven million dollars and we've got 10, so we don't even have the funds to do the complete park, absent museums, so we're going to take that ten million dollars, and we're also --we've gotten some grant money. We're going to continue to seek grant money, and do this park in incremental steps so that we can get more use into park. Chairman Teele: That's very helpful, and that's my point, is that we need to maximize the public use, as much as we can, while maintaining a safe environment. I realize that sometimes you're going to have to rope off areas -- Commissioner Winton: Right. Chairman Teele: -- because of safety issues, especially, and contamination. Commissioner Winton: As an example, I would like to get some area out there literally flattened like a pancakes, and get a little sprinkler system going out there and setup soccer fields. There are no real soccer fields around for the kids to use anywhere in that whole zone, from Overtown to Park West to Omni west -- Chairman Teele: To Little Haiti to Edison. Commissioner Winton: -- and any of those condos. Yeah. City ofMiami Page 27 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Johnny, I will match you dollar for dollar. Ifyou will move forward with something like that, I will match you dollar for dollar on a contingent soccer field use in the Bicentennial Park -- Commissioner Winton: Great. Chairman Teele: -- as an interim use, because it's -- it just cries out. I mean, you know, you have large communities, Jamaican, Haitian, Brazilian, where soccer -- and, yet, we have not one second-class soccer facility in this entire City, and also Miami -Dade County is lagging in that. Commissioner Winton: Even kids in grade schools --and grade school kids allover the state now play soccer, all of them. I don't care what they look -- they all play. Chairman Teele: The new political buzzword is what, "soccer moms?" Commissioner Winton: Soccer moms, yeah, so I want to --we're working --actually, Bob Weinrab is leading the charge on this, and we're trying to figure out the right space where we could do that and not have to tear it up every time we move around, but a space that's going to be located kind of out of the way of the next several waves of progress so that we can maintain those parks as long as we can. Chairman Teele: I may have spoken too fast. I'll match you dollar for dollar, providing Bayfront Trust is matching, as well. Commissioner Winton: Maybe we've got a one to one to one. Chairman Teele: That's what I'm saying. Commissioner Winton: I'm liking that idea. Chairman Teele: Commissioner Sanchez. Hr. Arriola: You know -- Commissioner, you know, the soccer field -- Vice Chairman Sanchez: Well, I'm glad to see that you want to put your money where your mouth is -- Hr. Arriola: -- the soccer field is opening in 30 days, you know that? Vice Chairman Sanchez: -- on the topic. Excuse me. Hr. Arriola: The soccer field is opening in 30 days. Vice Chairman Sanchez: Well, that's -- I just want to elaborate on the topic. I mean, that's happening. As the Chairman of Bayfront Park, let me just tell you that Bicentennial Park is being utilized. I mean, we are in the process now of putting together a soccer field, and the park is being utilized. I mean, we would like to have more events there. It's open for events when they come to Bayfront Park and when we're able to use the facility, we use it, and we have been able to attract world events, such as Circa Soleil, and will continue to promote it, but tend to agree with you. If you have an area and we do have a future plan for it --and although some people would like us to move quicker than what we're moving, we're making stride. I mean, we're moving. I mean, it was about five years ago that we treated the master plan or the study and now, finally, you know, we're making progress on it because of 255 bond money that's coming in, so just to elaborate on what has been said here before, and not to send the wrong vibes, Bicentennial Park is being utilized, and we will continue to promote it to have participation from City ofMiami Page 28 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 the entire community to go out there and utilize that park. Commissioner Winton: And Bayfront Park Trust is doing a great job on it, under Joe's leadership. I mean, just a great job making things happen. Chairman Teele: Joe, my comment was essentially what you're saying, and that is, we want to make sure that it continues to be utilized up until we really need it, and I want to commend you. The only issue that's open on Bayfront -- on the Bicentennial Park, in my mind though, is the bigger -- the biggest issue, which you know we really haven't dealt with. At least, I don't know how we're dealing with it, and not to discuss it, but just to make sure it's out there. We need to continue to engage the County and Water and Sewer on the relocation of the pump station, and you know, I don't know where that is, how that's going, but that is a major item, and if anybody's talking about a bond item -- bond issue item, the relocation of that pump station -- Vice Chairman Sanchez: It's crucial. Chairman Teele: -- it's crucial, and nobody would have a piece of land worth a hundred million or two hundred million -- I don't know how you value the waterfront land, the -- Mr. Chairman of Bayfront Park, I don't know how you all value that water front land for your gat, whatever it is now that we're doing, but no property owner would have that kind of Bayfront -- waterfront land with a pump station on it, but government and -- Vice Chairman Sanchez: But there are other issues. Chairman Teele: There are some real other issues. Commissioner Winton: And that thing smells constantly. I mean, it's -- they've got -- Chairman Teele: The pump station? Commissioner Winton: Yeah. They've got some serious, serious maintenance issues with that facility. Chairman Teele: But if we don't do it -- if the City ofMiami -- Commissioner Winton: I agree. Chairman Teele: -- doesn't look at the issue and advocate for the neighborhood for museum tower -- museum --10 museum and all of that, who's going to do it? Commissioner Winton: Nobody but us. Chairman Teele: On the motion, is there a motion on the consent agenda? Mr. Manager, did you -- also, I apologize, Mr. Manager. Vice Chairman Sanchez: There's -- so move the consent agenda. Chairman Teele: On the consent agenda, by Commissioner Sanchez. Commissioner Winton: Second. Chairman Teele: By Commissioner Winton. Mr. Manager, you're recognized, sir. Mr. Arriola: (INAUDIBLE) City ofMiami Page 29 Printed on 1/7/2008 City Commission Meeting Minutes Chairman Teele: All those in favor of the item, say "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 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO May 27, 2004 D4.1 04-00368 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION Commissioner ON THE ALF TASK FORCE. Tomas Regalado 04 -00368 -cover memo.pdf DISCUSSED Discussion on Item D4.1 resulted in the resolution below. (D4.1) 04-00627 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO RETAIN OUTSIDE COUNSEL, IF NECESSARY, IN AN AMOUNT NOT TO EXCEED $25,000, RELATED TO THE APPEAL OF THE CASE INVOLVING SHENANDOAH ADULT LIVING FACILITY ("ALF") TASK FORCE. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez City ofMiami Page 30 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 R-04-0368 Commissioner Regalado: Alex, on the other issue, very quickly, the task force, do we need outside counsel to appeal? Alejandro Vilarello (City Attorney): No. We -- this is an issue that we well anticipated, and we're very happy to handle it in-house. If you want to authorize me to retain counsel, as necessary, I'd appreciate that, but -- Commissioner Regalado: I mean, do you -- Mr. Vilarello: -- but staff counsel is very aware and familiar with these issues. Commissioner Regalado: Do you need -- I mean, I would move that we authorize you to use outside counsel, if needed? Because, I mean -- Mr. Vilarello: And set the amount at not more than twenty-five thousand. Commissioner Regalado: The ruling that we got was not very nice for the residents. Mr. Vilarello: That's correct, and we believe that the ruling was wrong, as a matter of law, but we're prepared to go forward on the appeal in-house, and I would very much appreciate if you wish to authorize outside counsel, I would consider that, and set the number not to exceed twenty-five thousand. Commissioner Regalado: OK Mr. Chairman, I move that we authorize the City counsel, if needed, to use outside counsel for the approval of the appeal of the ALF Shenandoah task force case before -- Commissioner Winton: Second. Commissioner Regalado: -- a master. Chairman Teele: All in -- motion and second. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Regalado: Thank you very much, Mr. Chairman. Thank you. I have other items and -- there is another item that -- Chairman Teele: Thank you all very much for coming. Commissioner Regalado: Thank you. Thank you for coming. Chairman Teele: We appreciate that very much. D4.2 04-00523 DISCUSSION ITEM District 4- DISCUSSION FROM THE CITY ATTORNEY CONCERNING THE ADULT Commissioner LIVING FACILITY AT 2381 SOUTHWEST 21ST TERRACE THAT WAS Tomas Regalado CONVERTED INTO A HALFWAY HOUSE. 04 -00523 -cover memo.pdf DISCUSSED City ofMiami Page 31 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Commissioner Regalado, for the balance of the morning. Commissioner Regalado: And part of the afternoon, by the way. Mr. Chairman, thank you very much. I know we have an 11 o'clock time certain, but 171 try to be brief. DA.4 -- D4.1 and D4.2 are issues that have been coming to this Commission for several time. The reason I had it -- place it on the agenda was that really need to understand -- and the neighbors -- what is going on, so this is for the City Attorney. I'm going to start with D4.2. This is one of the anomalies that the City is suffering throughout the City, but especially in the Shenandoah area at 2381 Southwest 21st Terrace. There is an ALF (Adult Living Facility) that has become a halfway house. The City Attorney was directed by the City Commission to file suit, and as we speak, I think some neighbors have been taking depositions. However, there is something that is not working, something wrong with this picture, andAIr. City Attorney, I would like to understand what is the process, but from the legal point of view, from the court point of view. However, from the City's point of view, there have been several visits with inspectors to this house and, in fact, according to state law, they can only have six patients. The last count, even when they hurry to get some of the beds put away, there was nine beds. The actual population in that house, which is a two-bedroom house, one bathroom, is more than 10 to 12 people in halfway houses. I can tell you -- that it disrupts the neighborhood because it's a block from my house, so I'll go by there everyday, several times a day, so I know firsthand -- I don't need -- my concern is that the City, by its own mechanism, has not been able to make these people comply. They just don't care, so it keeps going and keeps going, and I just first like to know from the City Attorney what is the status of the legal case? Alejandro Vilarello (City Attorney): As with all these cases, we first start with our -- with our administrative process to go forward on the administrative process to site these cases in violation. That, in fact, has taken place. When the administrative process does not --and the imposition of fines does not carry out its necessary effect, then the next step is for us to go into court and to seek injunctive relief to bar it, to bar the prohibited use. This is an R -I property. As you correctly said, it's a maximum number of residents as an ALF would be six. At that point, the City would have no ability to regulate that use. However, to the extent that they exceed six, as this facility has 11 beds available, then it is our right to go ahead enforce our Zoning Code in that regard. We have a hearing scheduled on June 3rd to seek that injunctive relief, and we'll advise you of the result of that hearing as we get the result from the judge. Commissioner Regalado: We have several residents here, and just to make sure, what are we looking for from the court? Mr. Vilarello: Requiring the owner and operator of the facility to comply with the law. In this case, it would be an R -I zoning. They would be permitted, under state law, to operate an ALF, not a halfway house, with six -- Commissioner Regalado: Excuse me. How can we determine with the court that it's a halfway house and not an ALF? Mr. Vilarello: The appropriate licensing that the facility has. That why it's necessary for us to conduct discovery to confirm the type of licenses they have. If they have, as far as we know, an ALF license, then they would be permitted to operate that. Commissioner Regalado: But not a halfway house? Mr. Vilarello: Different set of rules for a halfway house, and as far as we know, they don't have those appropriate licenses. Commissioner Regalado: OK The second question, Mr. City Attorney, is as we speak and as the ALF task force is doing the appeal, I guess, another ALF is being set a block from this City ofMiami Page 32 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 particular halfway house. Why does the City let this process to move forward if we are in court, ifwe are in litigation with the other ALF? Commissioner Winton: As we speak, another one is being set up? Commissioner Regalado: As we speak. Commissioner Winton: That is so awful. Hr. Vilarello: Another ALF, even the leased regulated ALFs, which are six or less, would not be permitted within one block of any existing ALF in the City, as a new facility -- Commissioner Winton: You can put one -- Hr. Vilarello: -- so I don't know which one you refer to -- Commissioner Winton: We -- the state law allows them to go one block apart? Hr. Vilarello: No. It would not allow them to be located -- typically, a City block, six hundred feet. The distance requirements from one ALF to another, as I believe, twelve hundred? Unidentified Speaker: A thousand fifty. Hr. Vilarello: A thousand fifty. Commissioner Winton: So you could have one every other block? Hr. Vilarello: Yes. The idea is -- Commissioner Winton: Or every third block? Hr. Vilarello: Yes, that's correct. Commissioner Winton: That's state law? Hr. Vilarello: Yes. Commissioner Winton: That is so ridiculous. Just mind boggling. Commissioner Regalado: Well, you know -- Hr. Vilarello: It's a preemption. We're preempted from more restrictive regulations. Commissioner Regalado: You know, the state legislature, Johnny, didn't want to hear State Representative Julio Robaina. He took my request to give back to the cities the power to -- Commissioner Winton: Yeah. Commissioner Regalado: -- license ALE- it was shot down; never got into one single committee, nothing happened because of the lobby of the -- Commissioner Winton: ALF. Commissioner Regalado: -- ALF industry. Anyway -- so my question on this particular halfway house, what is the process? What are we hoping on June 3rd, to cease and desist -- an order of City ofMiami Page 33 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 cease and desist of being a halfway house or -- ? Mr. Vilarello: When the state legislature took away County court systems from cities, it gave us these administrative processes; code enforcement boards, special masters. All -- the only authority that those administrative boards have is to impose fines in order to get compliance. They don't have the right to say stop doing what you're doing. They only have to --they only say you're in non compliance, and if you continue, you'll be fined a hundred, two hundred fifty dollars a day for every day of non compliance. Commissioner Winton: Is that state law also or is that our Code? Hr. Vilarello: That's state law. These are for the administrative boards. However -- so when you follow that process -- and we get effective compliance in that manner on a vast majority of our cases. However, we do have some citizens who choose not to comply, even though the fines continue to run against their properties. In those cases, we go to County court and get injunctive relief, where the judge has the right to order compliance, that is, order them to stop acting in non conformance with the zoning laws of the City, and often, if they don't comply, authorizing the City to actually take the enforcement action, whether it be to close down the structure completely or to remove illegal structures within the property, so that's our next step. Our next step is to go into the court system and actually seek injunctive relief. Commissioner Regalado: So we need to wait on June 3rd to go -- to see what the special master go, or should we give you now the authority -- Hr. Vilarello: You have already actually given us the authority to file the lawsuit and -- Commissioner Regalado: To file the suit in the court system. Hr. Vilarello: In the court system, and we will proceed with that, and don't believe it will be June 3, the hearing, but we're trying to get a hearing as soon as possible on that. Commissioner Winton: Could I ask another question? Alex, we issue Certificate of Occupancy an occupational licenses for businesses operating anywhere in the City. This state law requires that we issue those? Hr. Vilarello: With regard to ALFs of six or less, we're prohibited in our regulation of those facilities. The only CUs (Certificate of Uses) that we issue are fire inspection. Our fire inspection, of course, is required to be complied -- to inspect the property, ensure fire code compliance, and they get what we call in our system, our bureaucratic system, a Fire CU and those are authorized, but otherwise, no occupational license is necessary, nor a CUfor business, like a typical business. Commissioner Winton: And one last question. Do you -- six units per house, and you can put six units in a two-bedroom house? That's also allowed? Hr. Vilarello: Six beds. Commissioner Winton: Huh? Hr. Vilarello: Six individuals. Commissioner Winton: Six individual beds in a two-bedroom home? Hr. Vilarello: There are state requirements with regard to the number -- the square footage per resident, so it does depend on the actual structure itself, but -- City ofMiami Page 34 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: Are we looking at the square footage issue related to this facility, as a legal ALF also? Hr. Vilarello: Yes. And the Fire Department, in fact, when the Fire Department goes in for their inspections, even under six or less, they do pay attention to those square footage requirements, and as directed by the task force that Commissioner Regalado put together, those violations, although we can't directly enforce those violations, we do take that information and forward it to the state regulatory agency, so we act as their inspectors for that purpose. Commissioner Winton: How frustrating. Commissioner Regalado: But, you know, some of the blame has to fall on the City. Five years ago, five years ago -- no, six years ago, I started asking about this. I went to the Fire Department. All the ALFs in the City ofMiami were approved, and the reason the Fire Department said that they were approved -- and that's the only way to catch them -- was that they had --the only thing we look is for fire extinguisher and for exits. They did not count the bed number, nor they check if they were people supervising, and this is how it got out of control. Oh, the Fire Department never, ever rejected an ALF in the City ofMiami and, you know, that's why -- Chairman Teele: Who never rejected one? Commissioner Regalado: The Fire Department, and that's why these people are getting attorneys, and saying, "Well, you know, you're now trying to get us out of business, but you always said that we were complying with everything, " and that's why this whole thing came out of control. We have several neighbors here. Anybody would like to just say something briefly, or are you OK? OK. Thank you very much. D4.3 04-00525 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION Commissioner REGARDING HEALTH COVERAGE FOR PART-TIME EMPLOYEES. Tomas Regalado 04 -00525 -cover memo.pdf DISCUSSED Direction to the Administration by Commissioner Regalado to provide him with a report by next week on how the health benefit plan will financially affect part-time employees. Commissioner Regalado: On the health coverage for part-time employees, I was told --I don't know that for a fact -- that this is a health coverage that the employees pay and then they get reimbursed; is that -- because if that is the case, then we're back to square one: Don't work, because people don't have money to pay. Ramona Fiumara: Ramona Fiumara, Assistant Director of Risk Management. They actually have their deductions taken from payroll -- they will, because it's effective for July I st, but in terms of their actual benefit, if they go to a participating provider --for instance, for like a physician office visit -- then they would just actually pay the co pay, as long as that provider accepts it, but there may be instances where they have to pay out of their pocket and get reimbursed. Commissioner Regalado: So, I -- you know, it's late and the Chairman wants to end this. I would really like to have a report, if possible, next week about how this work and, specifically, how it applies, because although health coverage is the number one concern for workers in -- throughout the United States, the reason that we try to do this is to help some of the employees City ofMiami Page 35 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 that never had insurance and, by the way, never got paid huge salaries, so what I'm hearing is that the benefits are not as we were told it would be, and I just want to make sure before we have a debate or a discussion, so if you can, I appreciate it. Ms. Fiumara: Sure. Commissioner Regalado: Thank you. Ms. Fiumara: You're welcome. Commissioner Regalado: And -- Chairman Teele: Commissioner, if l could just piggy pack. I think that's a curious way to help the poor, is a reimbursement. I mean, if you're -- most people who get reimbursed, you know -- I -- you know, I thought we could just use some provider, and have an agreement with them and -- Commissioner Regalado: That's what I thought. Chairman Teele: And that's what thought. Commissioner Regalado: A very simple thing, but now when you're taking money out of the payroll -- I mean, these people -- Chairman Teele: I don't mind them taking the money from the payroll, even for the health care, but to ask people upfront -- to ask people that are making six seventy-five or eight dollars an hour to front -- Commissioner Regalado: To front -- Chairman Teele: -- to front the City is not where I want to be on -- Commissioner Regalado: I am -- Chairman Teele: But let's move on. Are you going to -- can we get a report on this in two -- in a month on this, as to where we are? Commissioner Regalado: No. I asked her if we can get a report next week about how this works because, to me, it's not working the way we were told, and it seems to me that either we are, you know -- we promised something to the employees and they are not getting what we promised, so we will get the report -- Ms. Fiumara: I will provide you the report. Commissioner Regalado: -- next week. Ms. Fiumara: It is --just to speak to that a little bit. It is an actual limited benefit plan, which is typical for -- Commissioner Regalado: I know it's an actual limited plan, but it's not working. Ms. Fiumara: You mean, the logistics of how the -- Commissioner Regalado: Well -- I mean, if you want the debate this, we'll do it now, but -- Ms. Fiumara: --payment works? City ofMiami Page 36 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: -- we'll do it now, but -- Ms. Fiumara: Oh, no, no, no. I just want to make sure I provide you with the information that you're looking for. Commissioner Regalado: But if you please give us that information about how this work. Commissioner Winton: And you can go meet with Commissioner Regalado next week, what his request was, so that y'all can sort through these details, and he'll bring back to the Commission, including all of you, if he needs to have a further discussion and policy debate about it. All right. Ms. Fiumara: Will do. Commissioner Winton: Great. Chairman Teele: All right. Next item, Commissioner. D4.4 04-00526 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION Commissioner REGARDING CONVERTING PART-TIME EMPLOYEES TO FULL-TIME Tomas Regalado EMPLOYMENT. 04 -00526 -cover memo.pdf DISCUSSED Direction to the Administration by Chairman Teele to provide the Commission with a list of all positions that have been converted from unclassified to classified, pursuant to a court order issued by Judge Levenson in December 2003 which was issued in order to bring positions into compliance with the City Charter; further requesting that said list provide the following information: the dates of hire, the date that the positions were converted, the previous job title as unclassified, the current job title as classified, the previous salary range as unclassified, the current salary range as classififed, and any raises that have been rewarded. Chairman Teele: All right. Next item, Commissioner. Commissioner Regalado: The last item is the conversion of part-timers to full-time. I just -- I was curious to see --I know that the Civil Service Board approved that, but also want to understand if there have been any unclassified employees that have been converted into classified in the last three months? Chairman Teele: Do you all have that information? Rosalie Mark: Rosalie Mark, Director of Employee Relations, City ofMiami. There are 18 unclassified positions that have been reclassified to classified status. Commissioner Regalado: And why is that? Ms. Mark: Based on the court order, handed down by Judge Levinson, we were directed to begin to bring the City into compliance with the Charter, so therefore, those departments that are outside of compliance, as they request positions to be filled that are currently unclassified, if they are beyond the limit allowed, we require them to select a position or that position to be audited to a classified status. Commissioner Regalado: OK On the --but are these people that were working in the City for City ofMiami Page 37 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 a long time or recent hire? Ms. Mark: It varies. Commissioner Regalado: I'm sorry? Ms. Mark: It may vary. If the position is open --what we were doing from the time the judge handed down the order -- Chairman Teele: When was that order issued? Ms. Mark: I think it was the end of December. The end of December '03. Commissioner Regalado: But the order said also that some people then would have to be dismissed, right? Ms. Mark: Originally, it -- there was proposal on the part of the union, if l recall -- and correct me, Law Department -- that recommended that all people who were in unclassified positions that were outside of the allowance of the Charter, should be terminated and those positions should be filled as classified. We ended up going to mediation, which was completed about two weeks ago, and in the mediation, the agreement was that the City has two years in which to bring the work force into compliance, to bring all our positions into compliance, so what we started doing in January and February and onward was as positions became available, to convert those positions. In other words, the position was available, there was no one in it, to go ahead and reclassify those positions. Now what we're embarking on with the departments that have been impacted by this order is to work out a schedule to begin to convert other positions where there are incumbants in the job to classified service, so those employees who are currently in the job would have to compete for that job, as well as any other jobs they may be qualified for. Commissioner Regalado: No. My question was, if the people converted into classified were recent hires or not? Chairman Teele: Well, they couldn't have been recent. I mean, what is a recent hire? The judge's order was issued in December 301h. Commissioner Regalado: Last -- Chairman Teele: So nobody's been converted -- that was hired subsequent to December 30th, right? Commissioner Regalado: No. Ms. Mark: Not -- Well, we started --yes, I'm sorry. I'll say that. There are two fields within the community development area. One is Contract Compliance; the other is Fiscal Assistants, that are in the process of being converted to classified, and there are people in those positions and they have varying levels of seniority. Commissioner Regalado: This -- Chairman Teele: Why don't we do this because this is very abstract. Only two people know what's being discussed --that's you and the Director. I have -- don't have a clue as to where this is or going. If we could just get a list, not of individuals, but positions that have been converted, pursuant to all of this, the date they were hired and the date they, you know, were converted, and the job title that they previously had, and the job title they have now, the salary range that they had and the salary -- and then let's discuss it, you know, when we all at least know what we're City ofMiami Page 38 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 doing. Commissioner Regalado: And we need to get a list of the people that -- Chairman Teele: But not names of individuals. Commissioner Regalado: No, no, no, no, no. Chairman Teele: Positions. Commissioner Regalado: No, no. Positions. Number of people that have been hired in the last five to six months. Chairman Teele: Yeah, but, Tomas, that doesn't make sense -- I mean -- Commissioner Regalado: Yes, it does. Chairman Teele: -- it makes sense in you're asking for it, but what I'm saying is, she just said the judge's order was in December. Commissioner Regalado: I know. I know, but what you're asking is different of what I'm asking. I'm just -- Chairman Teele: But that's five months. Ms. Mark: IfI could -- Chairman Teele: January, February, March, April, May. Commissioner Regalado: Right. Ms. Mark: We can -- Chairman Teele: So nobody has been hired in any of these categories, based upon the judge's order because they didn't apply, right? Ms. Mark: We have -- Commissioner Regalado: Unclassified. Ms. Mark: We can provide you tomorrow -- Chairman Teele: That's right. Am I right? Ms. Mark: Yes. We can provide you tomorrow -- Chairman Teele: Am I right? Ms. Mark: We have filled some positions as unclassified, since the judge's order. Chairman Teele: But they haven't been converted, have they? Commissioner Regalado: No. Ms. Mark: We have converted some vacant positions to classified. We've done those. City ofMiami Page 39 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: But nobody has been hired since the judge's order as unclassified and converted into a position? Ms. Mark: Not that recall. I don't believe so, no. Chairman Teele: OK. Ms. Mark: Tomorrow, I can provide you with all the information that was provided to the mediator, which will address what you're talking about, as well as all the positions that are scheduled to be converted over the next two years, including what you're asking for. Chairman Teele: Madam Director, what I'm asking you to do is provide, in writing, please, all of the information that the Commissioner and you understand in a format so that everybody understands it, so that we can discuss it at the next regular meeting. Ms. Mark: I'll do that. Chairman Teele: And not names of individuals, just positions. Ms. Mark: I understand. Commissioner Regalado: Just positions and the salaries, and the recent salaries and races also Ms. Mark: All right. Chairman Teele: Gender and races. Commissioner Regalado: Last question on the conversion from part-timers, do we know the numbers already? Ms. Mark: Anna, would you like to --Anna has been --Anna Gonzalez -Fajardo has been handling this with the Civil Service Board. Anna Gonzalez -Fajardo: After three meetings at the Civil Service Board, this Tuesday they approved us to proceed, and we will start converting employees who meet -- part-time/temporary employees who meet 10 years or more through June 301h, so we will begin this week. The most seniors, we will begin. Commissioner Regalado: Thank you. D4.5 04-00554 DISCUSSION ITEM District 4- DISCUSSION CONCERNING THE ELIMINATION OF ANOTHER WORK Commissioner FORCE CENTER IN THE CITY OF MIAMI. Tomas Regalado 04 -00554 -email. pdf DISCUSSED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to direct the Office of the Auditor General, with the assistance of the Offices of the City Manager and the City Attorney, to conduct a complete audit of the South Florida Employment Consortium Workforce Centers using public records and any other available resources; directing that all public records requests to obtain documents be undertaken with the assistance of the City Attorney; authorizing the City Attorney City ofMiami Page 40 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 to take any and all actions necessary, in law or in equity, to accomplish such purpose; authorizing the engagement of outside counsel, if necessary, in an amount not to exceed $25, 000; and directing the auditor general to present a status report at the Commission meeting currently scheduled for July 22, 2004. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to direct the City Attorney to bring the above stated motion, back as a resolution to be considered by the Commission later this evening. Discussion on Item D4.5 resulted in the resolution below. (D4.5) 04-00554a RESOLUTION City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE OFFICE OF THE AUDITOR GENERAL, WITH THE ASSISTANCE OF THE OFFICES OF THE CITY MANAGER AND THE CITY ATTORNEY, TO CONDUCT A COMPLETE AUDIT OF THE SOUTH FLORIDA EMPLOYMENT CONSORTIUM WORKFORCE CENTERS USING PUBLIC RECORDS AND ANY OTHER AVAILABLE RESOURCES; DIRECTING THAT ALL PUBLIC RECORDS REQUESTS TO OBTAIN DOCUMENTS BE UNDERTAKEN WITH THE ASSISTANCE OF THE CITY ATTORNEY; AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR IN EQUITY, TO ACCOMPLISH SUCH PURPOSE; AUTHORIZING THE ENGAGEMENT OF OUTSIDE COUNSEL, IF NECESSARY, IN AN AMOUNT NOT TO EXCEED $25,000; AND DIRECTING THE AUDITOR GENERAL TO PRESENT A STATUS REPORT AT THE MIAMI CITY COMMISSION MEETING OF JULY 22, 2004. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0369 Commissioner Regalado: You know, many many months ago, we discussed the issue of the Workforce here in Miami -Dade County and the City ofMiami, and we also discussed how the Workforce decided to eliminate one in District 4, in West Little Havana, SABER, Inc. They did promise before this Commission that they would continue to operate, but they didn't, and now we understand that another Workforce office has been canceled in Little Haiti. You know, I really don't know what is their agenda. Hopefully, the people that we appointed there are good people that really rattle the cages when they go there but, frankly, we're having a problem. The poorest City, according to the census, everyday has less workforce. Now it's Little Haiti. First, it was West Little Havana. Now it's Little Haiti. Someday it will be just another, and they're going to move on and move on, and the City residents will not have anyplace to go. I don't know, Mr. Chairman, if there is anything we can do, but Barbara is here. If she can tell us -- is this true, Barbara, that they're going to close down Little Haiti? Commissioner Winton: I know I'm having complaints all over the City. You were right to begin with on this close down business. Commissioner Regalado: I told you. Remember, that -- Commissioner Winton: I remember very clearly. City ofMiami Page 41 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. I will have Frank Castaneda, who has been the liaison for Commissioner Gonzalez since he got appointed, to explain what happened. Frank Castaneda (Chief of Staff, Commissioner Gonzalez): Commissioners, regretfully, the position of the South -- Frank Castaneda. I'm Chief of Staff to Commissioner Angel Gonzalez. Regretfully, the position of the South Florida Employment and Training Consortium has been that in areas where people lack education, language skills and so forth, it is very difficult to get them to earn fairly high income and, therefore, those centers are not productive in their mind and, therefore, those centers need to be closed. Commissioner Regalado: Do away with the poor. Commissioner Winton: Yeah. Hr. Castaneda: Do away -- correct. Commissioner Winton: Yeah. Hr. Castaneda: I think at that meeting they closed Little Haiti; they closed one in Model City, one in Florida City, and one in South Hialeah. All the areas that they closed the centers are basically areas of very low income, low skills, language problems, high school problems, and so forth. We argued against that position. We were supported by the City ofMiami Beach, and we lost the vote on a 2 to 3 vote. There was also some opposition from the PIC (Private Industry Council), but the -- again the PIC lost that agenda. My concern with all this is that really -- I've been trying to figure out what are we doing in this organization, and I'm not sure I've been able to find it. Years ago, I used to serve as the liaison member to the City Commission, and there were many reasons for the City to participate: 'A," we would receive about a hundred thousand dollars just for participating. "B, "we operated major programs. "C, " we used OJT money to attract investors into the City ofMiami and to encourage economic development, and we used to operate most of our summer youth programs with SFETC (South Florida Employment and Training Consortium) money. I keep asking, you know, what is the City getting; what was their participation in the Flagstone project. I understand it was minimal, at best. I understand that in Midtown, they are yet to be seen, you know. I feel that we're in a runaway bus and we're riding in the backseat, and I'm not sure what we're doing there. Commissioner Regalado: Frank, do you think that Commissioner Gonzalez will try, as our representative, to start a process for us to disengage from -- Hr. Castaneda: Yes, we have. We are -- Commissioner Regalado: We could have done that when I said let's do it. Chairman Teele: Look, look, I mean, the rhetoric of this is great, but let's get to the reality. Commissioner Winton: Right. Chairman Teele: We could have changed --we can change this. The five people sitting here with the Mayor can change this with the support of the public, but under the CFR (Code of Federal Regulations), under the current rules, we can either participate and have a voice, for which we're going to be dissenting, but at least we can be like the sand and the oyster, trying to figure out how to make this thing better, or we can be just a voice in the wilderness just complaining, or we can do what your boss has been charged to do, which is to move this City from the 340, 000 people to the 500, 000 people, and at 500, 000 people, you have a stake at the table. You get your own allocation, OK. You get your own allocation. If we don't participate, City ofMiami Page 42 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 the County is still going to get our allocation. It's really not the County. It's Dade County and Monroe County. Commissioner Regalado: Monroe. Chairman Teele: But they still are going to get our allocation, whether we're in it or not, and my position is we ought to be there, and we ought to continue to make them aware of why it is we need to do what we need to do, but the truth of the matter is, this is a runaway train; it's been a runaway train. The decisions are made in the office on the 29th floor by aboutfive people sitting around the table, you know, with an elected official, and everything else just come down like the tablets did from the --from Moses -- or with Moses so, you know, I think the real issue here is this is horrible what is happening. The City ofMiami has the greatest problem with our workforce strategies. You know, we've --we're the poorest city in the nation, you know. That's recognized. We have tremendous problems. Commissioner Winton and his staff have created a round-the-clock process now of trying to cajole, jawbone, soft talk, work with the developers on every project in the City, to have a workforce strategy but, you know, that's crazy when -- how much money does the South Florida Workforce get? Mr. Castaneda: I think about a hundred million dollars. Chairman Teele: About a hundred million dollars a year and, two years ago, they had twenty -some million dollars that they hadn't even expended that the State was going to take back, and they probably -- if we send our auditor general out there, which we should do, to go through the books and look at how much they got, I guarantee you he'll find twenty million dollars of money that is not going to be used in the current year, OK, so, Johnny, this is really not about what they're making it. We're responding to the issue that they're giving us. The fundamental issue is that the City ofMiami is not being -- the City ofMiami citizens and the unique problems associated with Wynwood and its Puerto Rican community, in Overtown, with its traditional black community, in Little Havana, where you have chronic underemployment, unemployment, those strategies are not being dealt with because everybody is looking for the low hanging fruit to go out here because everything is performance based -- Hr. Castaneda: Right. Chairman Teele: -- and so, it's much better to go around Northwestern and Edison and Miami and get graduates that are on their way to Harvard or Yale, or something and put them in a program and get credit for it than it is to go out into Overtown and deal with someone who hasn't been able to find a job in I5 years, and it's no need -- I mean, my point is, we can change that, but the only way we can change that is we've got to grow this City by 150, 000 people, and I believe -- and this is -- and I'm bringing this up now because Commissioner Regalado's got it on the table. When the Community Development new strategies come up, in terms of the studies that they're doing, where the poverty is being reduced in the City to some extent, it underscores, again, the needs that we've got to come up with new strategies to address the federal dollars in the future, so I will support anything, and I particularly commend Commissioner Regalado, whose district it is not. It is my district, and I encourage him and any other Commissioner to be involved in the problem Citywide, but the problem of the Little Haiti job employment center that is being closed down is a tragedy, but it is systematic of what is happening all over this city, so, again, I think we need to take a strategy -- a hard look at how do we grow this city so that we can get our own allocation. Hr. Castaneda: Well, we were in discussion with the Mayor. I think the Mayor and Commissioner Gonzalez will be ready to present it at the first meeting in July, the expansion of the City. Commissioner Winton: Could -- City ofMiami Page 43 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Mr. Castaneda: Commissioner -- going back to the issue -- I think that by the City walking out of the consortium, we would be sending a very rough message out there that we're not satisfied with what is going on. On the other hand, if we stay in the consortium, the only thing that I see there is the negative side. There are a bunch of lawsuits from everybody in which we're holding 33 percent liability for everything. I want you to be aware. Commissioner Winton: Right. Hr. Castaneda: And do you really want to have 33 percent liability of something that you don't control, and that's really the issue on hand. Chairman Teele: Commissioner Regalado, Commissioner Winton. Commissioner Regalado: No, go ahead, Johnny. Commissioner Winton: Strategies for dealing with this. One, Commissioner Teele, you said is to grow the City by 150, 000, which I like the best. The fundamental problem to winning that battle is that our ad valorem -- our millage rate is still terribly high compared to the County's unincorporated millage rate, because the County, as we all know, is undercharging Unincorporated Dade residents and overcharging all municipal residents, and so that's a -- I don't know how we overcome that because that's a huge gap, so I think we're kind of behind the curve of being able to win. Chairman Teele: We've got to work millage rate plus solid waste costs as one number. We've got to sophisticatedly -- Commissioner Winton: Add up -- Chairman Teele: -- look at millage cost and solid waste as one number, or millage, solid waste, and fire -- all three of those -- and put one number and begin -- Commissioner Winton: And see what it looks like. Chairman Teele: That should be the way you express it. Commissioner Winton: And then another strategy is to change the legislation, and I think this kind of -- we've had two items in a row where the legislation is not in our favor. Chairman Teele: The federal legislation? Commissioner Winton: Well, I don't know if this is -- Is this State or federal -- Chairman Teele: Federal. Commissioner Winton: --federal legislation -- Chairman Teele: Totally -- Commissioner Winton: -- that drives all the money -- no, the -- Hr. Castaneda: The SFETC is federal -- Commissioner Winton: No, no, no. Here's the legislative point: The decision to set their standard's, South Florida Workforce's standards, to be placing people in nine dollar an hour City ofMiami Page 44 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 jobs, which we don't have a lot of-- I think that was a state decision, not a federal decision, so we have influence over that kind of issue, and Commissioner Regalado was just talking about the ALFs (Adult Living Facilities), where the state has taken our powers away, and I think that points up -- we talk about it every year, but some way or another, we've got to get a more effective process at effecting legislation and policies out of Tallahassee, and I think that one day maybe we want to put that on the agenda and get somebody in here who can help us maybe develop a better process for taking care of our needs in Tallahassee, so -- and it is about money, but we win money, too, so that's another strategy. A third strategy is one where I may call the harassment strategy, and the harassment strategy -- or what you just called is the sand in the oyster strategy, there can be multiple prongs to that. One prong is us continuing to stay on the board and just be relentless in our pursuit of fairness, as it relates to that group, and build alliances that will finally change --force the entity itself to change. Your idea, Commissioner Teele, of getting our auditor general to go audit their books, we ought to look in and determine whether or not we have a right to have that done and if we have -- Chairman Teele: Oh, absolutely. Any --it's a public document. Commissioner Winton: Then we -- Chairman Teele: That's in the Florida -- it's in the Florida Constitution -- Commissioner Winton: Then we ought to -- Chairman Teele: -- the right of the public for information. Commissioner Winton: We ought to introduce a resolution in just a moment to require our auditor general to go do exactly that because there's no telling what kind of information we dig up out of that, because I don't feel that agency is being run in a fashion that designed to cure jobless problems in our poorest neighborhoods, and the other -- the final point on that same sand in the oyster thing is we've got to -- we all -- we've got to get the media interested in this also, and maybe it is the audit that really gets them interested, and once that's complete and you find a bunch of junk in there that that can force some real changes in the way that organization is structured, and we have to do that because they do have a ton of money, and they have effectively now pulled out of the City ofMiami, and our residents who really need jobs, they don't have transportation to go to these giant centers that they've created. Is there still one left in the City somewhere? Where is that one? Commissioner Regalado: One. Ms. Rodriguez: 27th and 81h. Mr. Castaneda: 27th and 71h. Commissioner Regalado: 27th and 8th, however -- Commissioner Winton: Yeah. Chairman Teele: Southwest? Commissioner Regalado: Southwest --however, you need to pay like five bucks or six bucks for parking, and you need to make a long wait. You know, Johnny, your idea of the auditor and Commissioner Teele -- Chairman Teele idea, I think, is the best scenario to get the media attention. You know what? Because when they were about to close Saber, in West Little Havana, they just made the decision -- decided to close Saber having, six months before, spent three hundred thousand dollars in the new office -- City ofMiami Page 45 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: Right. Commissioner Regalado: -- of Saber. They just threw away all the new furniture, all the computers, and then they went on and spent one million dollars in the new mega office in Southwest 271h Avenue and, by the way, the contract was signed by the Executive Director before their board approved it, and then she said, well, you know, we have to approve this because it was already signed. If the inspector general goes there, he will find something that it will be worthwhile for the media. I can promise you that. Commissioner Winton: Then I would move that we require our inspector general to go and do a complete audit of the South Florida -- what's it's formal name? Mr. Castaneda: South Florida Employment and Training Consortium. Commissioner Winton: -- South Florida Employment Mr. Castaneda: Commissioners. Commissioner Winton: -- and --yes. Mr. Castaneda: I just wanted to make you aware of something. That for every dollar that our inspector general finds that has been improperly spent, you have a 33 percent liability on that dollar. I just want you to be aware of that. Commissioner Winton: Well, I would rather deal with that -- Mr. Castaneda: Sure. Commissioner Winton: -- and the -- Commissioner Regalado: Absolutely. Commissioner Winton: -- repercussions from that than to continue to allow them to abandon a city that has the most critical employment need anywhere maybe in the State of Florida. Chairman Teele: Is there a second? Commissioner Regalado: Second, with -- ifl can -- friendly amendment to the motion. Commissioner Winton: Sure. Commissioner Regalado: For the City Attorney's office to support the auditor general -- Chairman Teele: City Attorney and Manager's office. Commissioner Winton: Yes. Commissioner Regalado: No, no, no. I'm talking about the City Attorney's office to support the auditor general's role, with legal counsel for public information requests -- Commissioner Winton: Right. Commissioner Regalado: -- through the court system, because the auditor general is not going to get the documents that he is going to want to see. They're going to delay and delay, and we City ofMiami Page 46 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 need counsel to immediately file a public records request with the State of Florida and the court system to get those documents. Chairman Teele: Would you allow the amendment to amend that the City Attorney's office and the Manager's office shall support and be apart of a team with the auditor general -- Commissioner Regalado: Sure. Chairman Teele: --and specifically directing and authorizing the City Attorney to engage outside counsel on the public information requests and any other aspect of this audit and inquiry, as may be necessary. Commissioner Regalado: Sure. I mean, you know, the whole thing will be the public record requests. Chairman Teele: But, normally, you know, governments don't have to do a public -- normally, you would go in and ask for it before you do the public records request. I assume you think that they won't give up anything. Commissioner Regalado: They won't. Chairman Teele: Well -- Commissioner Winton: I've had that -- Chairman Teele: That would be most unfortunate Commissioner Winton: I've had that personal experience where government directed other government employees not to dig up anything -- some records that wanted from another government entity. Chairman Teele: That would be really unfortunate. Commissioner Regalado: Well -- Chairman Teele: I mean, that would really put the whole program in jeopardy, and you're talking about putting the 30 percent -- these are federal dollars and they are subject to federal rules so, I mean -- Commissioner Winton: It wasn't that entity. It was a much larger entity that had that experience with. Chairman Teele: Mr. Attorney, do you want to clarify anything and, Mr. Manager, do you want to clarify, and I want to hear from the auditor general -- I mean, he's busily engaged, but this is his one moment ofglory. Mr. Auditor General, we're asking to hear from you on this. First, we'll hear from the City Attorney. Alejandro Vilarello (City Attorney): Mr. Chairman, I believe Commissioner Regalado was attempting to authorize legal action, if necessary, and your motion didn't speak to that. Is it -- Chairman Teele: Yes, it did. It authorized -- Mr. Vilarello: -- the intent of the Commission -- OK Chairman Teele: --you -- City ofMiami Page 47 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Mr. Vilarello: To -- Chairman Teele: -- to engage legal counsel, outside or inside, and, specifically, to take whatever legal action -- Mr. Vilarello: Seek judicial relief, OK. Chairman Teele: -- may be necessary in your opinion. Mr. Vilarello: Thank you. Chairman Teele: Mr. Manager. Victor Igwe (Auditor General): Commissioner -- Chairman Teele: No, no. Hold it. Mr. Manager. Joe Arriola (City Manager): You know, my only concern is that -- you know, it's great to sit here and say, let's send the guy and we're going to check, and we'll look -- and then we look at a twenty million dollar bill and, you know, you don't have the money. I want you to know that, so you do any inspections you want. You just --you have to know that a third of that is your responsibility, and that's going to come out ofgeneral fund, and that's the only thing -- Commissioner Winton: I would -- Hr. Arriola: -- I'm very concerned about. Commissioner Winton: I would rather know the bad news any day than I would like to leave it covered up any day. Hr. Arriola: The only problem, sir -- Commissioner Winton: Illegal. Hr. Arriola: --you don't have the money. Commissioner Winton: Huh? Hr. Arriola: You don't have the money to cover this. Commissioner Winton: I understand that clearly, but we haven't written a check yet, and I would guarantee you we wouldn't be writing one. Hr. Arriola: All right. Commissioner Regalado: Sooner than later. Sooner than later, the inspector general of the County is going to go after these people. Hr. Arriola: And then you need to get out of it, that's why. Commissioner Regalado: And then we going to pay -- Chairman Teele: Yeah, but that may be the justification to get out. City ofMiami Page 48 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Mr. Arriola: Yeah. Chairman Teele: And I think, particularly, what Frank has added to the conversation -- and I really appreciate you being here, Frank, with the historical view -- is the CityAttorney ought to be looking directly at these lawsuits that are in there because that could be also a component -- Mr. Arriola: Yes. Chairman Teele: -- of this report -- Mr. Arriola: Yeah. Chairman Teele: -- that triggers us saying, hey -- Commissioner Winton: Yeah. Chairman Teele: --forget the mismanagement of money for a moment. If Frank is 50 percent right, we -- Mr. Castaneda: No. There are two lawsuits right now against the consortium -- Chairman Teele: That are what? Mr. Castaneda: There are two lawsuits right now against the consortium. Vice Chairman Sanchez: Against who? Chairman Teele: The consortium. Commissioner Winton: The consortium. Mr. Castaneda: The consortium. Mr. Arriola: The group. Chairman Teele: Well, but people file lawsuits with a fee of what, nineteen dollars? Mr. Castaneda: No, no, no. They are multimillion. Chairman Teele: I'm saying, it only takes -- how much does it cost to file a lawsuit today? Mr. Vilarello: It's about two hundred dollars now, two hundred and sixty dollars. Chairman Teele: So, it only takes two hundred dollars to file a lawsuit. The real issue is for the lawyer to look at the lawsuit and make a determination on our best interest, because we do have a 30 percent stake in all of this, without, you know, without a real voice in it. Mr. Auditor General, I hope you will -- have understood and clearly consider the dialogue this morning, and you -- do you have any questions or any clarification? Mr. Igwe: No, Chairman. We will proceed to do the audit as directed. Chairman Teele: I think we should also call for a preliminary report of some type by the last meeting in July. Mr. Igwe: OK. We will endeavor to meet that deadline. City ofMiami Page 49 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Would you accept that as an amendment? That's about 60 days from now. Commissioner Winton: Can you do that? Chairman Teele: Some type of preliminary -- Mr. Igwe: It's -- Commissioner, it's going to depend on how difficult it would be, or how easy it would be to get the records. Chairman Teele: But do you have a problem coming back in 60 days -- Commissioner Winton: Yeah. Chairman Teele: -- and telling us where you are? Commissioner Winton: That's a good point. Mr. Igwe: That won't be any problem, at all. Commissioner Winton: And you'll -- Commissioner Regalado: But that's what said. Commissioner Winton: You'll know whether you're getting sandbagged or whatever in 60 days, and you can -- Commissioner Regalado: That --exactly. That's what said, immediately. Commissioner Winton: Yes, I accept that amendment. Good idea. Commissioner Regalado: You request the legal counsel because, you know, public information suits they walk very fast through the court system, you know. Mr. Igwe: Because we usually get problems, particularly, when we deal with the County and some other -- Commissioner Regalado: Public record requests, you know, filed in the court system. It works. Chairman Teele: Well, let's carry the motion. On the discussion of the motion -- the motion also requires an interim report for the last meeting in July, whether it's in writing or oral, that's up to you all to figure out, but to come back and tell us where we are by the last meeting in July. On the discussion, you all will write this up real carefully on the motion. Maybe you'll do a resolution as a pocket item before the end of the day today. This is a motion. We're going to -- you do this -- Mr. Vilarello: We'll formalize it as a resolution. Chairman Teele: All those in favor of the motion, signify by the sign of "aye. " The Commission (Collectively): Aye. Chairman Teele: As amended. All opposed. Mr. Attorney, we'd like to get that back as a resolution this evening. Now, second motion by Commissioner Regalado to schedule for the last meeting in July a discussion as to whether or not we should withdraw from the consortium, as a City ofMiami Page 50 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 discussion item in --for the last meeting in July. Moved by Commissioner Regalado. Commissioner Winton: Second. Chairman Teele: By Commissioner Winton. Is there discussion? Is there objection? All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All those opposed, say "no. " Vice Chairman Sanchez: What time is that meeting scheduled? Chairman Teele: Sixty days. It'll be the last meeting in July. That will be the discussion, and that will begin the wheels today for people to begin to look at this a little bit more seriously. Mr. Attorney, I would advise you of the Florida Constitution and the State Statutes that give the Attorney General and the new Comptroller General certain specific powers to resolve these matters, or to issue orders regarding this matter, OK? Chairman Teele: Now, where's the Budget Director? See, we asked that they come out. All right. Let's take up the Auditor General. Mr. Attorney, do we have a resolution? Commissioner Regalado: Yes, we do. Chairman Teele: All right. Mr. Attorney, Madam Attorney. Maria Chiaro (Assistant City Attorney): Yes, sir. We justpassed out the resolution. Chairman Teele: You want to read the title, please? The Resolution was read by title into the public record by the Assistant City Attorney. Chairman Teele: All right. We had the motion this morning. This is a repeat item. It was moved by -- who can move this resolution now, please? Commissioner Regalado: I'll move. Commissioner Winton: Second. Chairman Teele: Moved by Commissioner Regalado; second by Commissioner Winton. Is there discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted by a vote of 3 to 0. D4.6 04-00555 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION Commissioner REGARDING THE QUALITY OF CAPITAL IMPROVEMENT PROJECTS Tomas Regalado AND THE ECONOMIC IMPACT OF ADMINISTRATIVE ERRORS. 04 -00555 -cover memo.pdf DEFERRED City ofMiami Page 51 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to DEFER item D4.6 to the next Commission Meeting. Chairman Teele: Commissioner Regalado, you're going to be recognized pretty much for the balance of the meeting. Commissioner Regalado: I would like to defer to next meeting D4.6. Also, on the -- Chairman Teele: All right, motion to defer D4.6 to the next regular meeting. Commissioner Regalado: And, Mr. Chairman, also, I -- Chairman Teele: Hold it. Motion by Commissioner Regalado, second by Commissioner Winton, please -- Commissioner Winton: Yes, I do. Chairman Teele: -- to defer D4.6. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR D5.1 04-00547 DISCUSSION ITEM DISCUSSION REGARDING THE STATUTES OF THE LAW INTO 2 C.O.P. (CONSUMPTION ON PREMISES) 04-00547- email.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to DEFER item D5.1 to the Commission Meeting currently scheduled for June 24, 2004. Chairman Teele: Further items? At the request of the -- D5.1, would you move that that item be deferred to the second meeting in June, please, Commissioner Regalado? Commissioner Regalado: Yes, sir. I'll move that D5.1 be moved to the regular agenda ofJune 10 -- Chairman Teele: No, no, the second meeting. Commissioner Regalado: The second meeting ofJune? Chairman Teele: June, uh-huh. Commissioner Regalado: June 24th? 24th? Commissioner Winton: Second. City ofMiami Page 52 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. D5.2 04-00553 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER AND THE DEPARTMENT OF PLANNING TO MAKE A RECOMMENDATION FOR THE DESIGNATION OF A "CITY CEMETERY DRIVE." Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0365 Chairman Teele: The final areas are -- Commissioner Winton, this is in your district. I think I sent you a memo requesting -- my God -- requesting -- I sent you a memo requesting your consideration of sponsorship of this resolution because it's in your district. The City cemetery is really, in most cities, one of the great resources to attract tourists. In fact, as I look at the lady coming through the door, I'm reminded of the fact that in Tallahassee, my sixth grade class had to go to the Tallahassee Cemetery and visit the grave of Prince Morat, who -- what he did and who he was, I really don't know -- recall, but I remember, we all went to see Prince Morat's cemetery -- grave. He apparently was a French guy, who came to provide some support during the Spanish/American War or maybe it was a different war, but he died of some disease while he was in Tallahassee, but the point is cemeteries, more and more, are places where people go and look at and I would like, at the request of the advisory committee -- the Cemetery Advisory Committee, they would like 18th Street, which is one block long on Biscayne Boulevard to 2nd, which leads into the cemetery, to be designated as City Cemetery Drive, and I would so move item D5.2. Commissioner Winton: I would ask for one consideration, and that is that maybe at -- maybe we not be specifically tied to 18th. It may be 181h, butt would like to consider a couple of other options, and that option, it will be driven by the new big development that's going to go on the three blocks adjacent to the cemetery. Chairman Teele: Right Commissioner Winton: And so, I don't want to do some -- and they have some plans -- I don't remember which of the streets coming off Biscayne Boulevard was going to be their primary street, so I just want to make sure that whichever one it is isn't -- Chairman Teele: Well, why don't we modify the resolution to direct that the City Manager, the Planning Department come back with a recommendation -- Commissioner Winton: Yeah Chairman Teele: --for the designation of a City Cemetery Drive, but the intent was -- Commissioner Winton: In that -- right there. Chairman Teele: -- is that people driving along Biscayne Boulevard that are tourists -- City ofMiami Page 53 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: Yeah. Chairman Teele: -- that choose to do that, would have that opportunity. Commissioner Winton: I get it. That makes sense to me, so second or move the motion. Chairman Teele: As amended. Commissioner Winton: As amended. Commissioner Regalado: We have a motion and a second. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Regalado: It passes 3/0. D5.3 04-00551 RESOLUTION District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Chair Michelle COMMITTEE TO REVIEW THE HISTORY AND TRENDS AND TO MAKE Spence -.Tones RECOMMENDATIONS FOR A PLAN TO IMPLEMENT STATE LAW RELATED TO CLUC 90 OF COUNTY DELINQUENT TAX LAND IN THE CITY OF MIAMI; DESIGNATING THE CHAIRPERSON APPOINTED BY THE CITY COMMISSION; FURTHER DESIGNATING MEMBERS CONSISTING OF A REPRESENTATIVE APPOINTED BY THE CITY OF MIAMI ("CITY") DEPARTMENTS OF ECONOMIC DEVELOPMENT, PLANNING AND ZONING, COMMUNITY DEVELOPMENT, THE CITY ATTORNEY, A REPRESENTATIVE FROM THE AUDITOR GENERAL'S OFFICE AND ANY OTHER REPRESENTATIVE THAT THE CITY MANAGER DEEMS APPROPRIATE; DIRECTING THE COMMITTEE TO PRESENT A REPORT OF ITS FINDINGS TO THE CITY COMMISSION AT ITS MEETING OF JUNE 10, 2004. Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0364 Note for the Record: Chairman Teele designated Frank Castaneda as the Chairperson of the Committee. Chairman Teele: Now, regarding the blue page, I would like to move a resolution of the City Commission to establish a quick committee to review the history and trends, and to make recommendation for a plan to implement state law relating to CL UC (County Land Usage Code) 90 of the County delinquent lands of the City. I would like to designate a chairperson in the person ofMr. Frank Castaneda for -- further designating members consisting of representatives of the City Planning Department, Economic Development Department, Planning and Zoning, Community Development, City Attorney, representatives from the Auditor General, and any other representatives the City Manager deems appropriate; directing that the committee shall present its report and findings to the City Commission meeting ofJune 10th. This is a committee that's going to last for two weeks. Would so move. City ofMiami Page 54 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: We have a motion. Commissioner Winton: Second. Commissioner Regalado: Second. All in -- Chairman Teele: Just for discussion, very quickly. Commissioner Winton, for your edification, the CL UC -90 are the land -- the list of lands is evaporating like water on a desert, and that's a function of the overall underlying economics of what's going on in the City with property values increasing. One of the key components that we're concerned about is Habitat for Humanity. We don't have enough land in the inventory or we are not able to project it. One of the things we want this committee to do is not just look at what's in CL UC -90 now, but let's look at what should be coming up in CL UC -90, let's say, over the next 365 days, over the next year. In other words, those lands that are two years delinquent, but not into the third year, so we may begin to intervene or do some things to assist ourselves with -- getting ourselves in a position to acquire land. I think ultimately, the days, Johnny, of free land in terms of helping for our affordable housing programs are over. You know, that's coming to an end, and we really need to take a another look now and develop a strategy, and I have a great confidence that Frank Castaneda, who really taught me what a CL UC -90 was and is five, six years ago can do this, and I think it also directly affects the two districts primarily, being Commissioner Gonzalez's district and my district, and I really appreciate the Manager and Attorney support for that. I would call the question, Mr. Chairman. Commissioner Regalado: Yes, sir. We have a motion and a second. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Regalado: Motion passes 3/0. D5.4 04-00557 RESOLUTION District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Chair Michelle EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,500, TO Spence -Jones CONTRIBUTE FOR A HISTORICAL MARKER (BASED ON HISTORICAL REGISTRY, PUBLIC WORKS AND PARKS DEPARTMENTS); SAID FUNDS TO BE $500 ALLOCATED FROM THE DISTRICT 5 ROLLOVER ACCOUNT NO. 001000.920922.6.930, $500 FROM THE DISTRICT 4 ROLLOVER ACCOUNT NO. 001000.920919.6.930, AND $500, FROM THE DISTRICT 2 ROLLOVER ACCOUNT NO. 001000.920920.6.930. Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0366 Chairman Teele: And this would be an authorization -- D5.4 -- to expend five hundred dollars from rollover account for the purpose of contributing the necessary fifteen hundred dollars for historical markers; and further requesting that one thousand dollars be identified or donated, and this is for historical markers in the cemetery that need to be placed regarding the historic -- the historical marker program. I would so move. Commissioner Regalado: We have a motion. Commissioner Winton: Second. City ofMiami Page 55 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: -- and a second. All in favor -- Chairman Teele: The intent was, that would be the -- Commissioner Winton: Are they short? Chairman Teele: They're short fifteen hundred dollars. Commissioner Winton: And you just came up with what? Chairman Teele: Five hundred dollars. Commissioner Winton: Well, why don't we do seven fifty each? Chairman Teele: I was hoping we could do five hundred each. Commissioner Winton: Well -- Chairman Teele: Would you agree to amend it, that five hundred would come from each of our three accounts, Mr. Chairman? Commissioner Regalado: Yes, sir. You know, anything you ask tonight, it will be granted. You have your family here, your mom and son -- Commissioner Winton: Ahh, I wondered. Commissioner Regalado: So, welcome to Miami. (APPLA USE) Chairman Teele: Well, I appreciate that, Mr. Chairman, and I'd like to go back to the budget amendment item. Commissioner Regalado: I told you -- Chairman Teele: IfI could get anything, let's get to the millions. Commissioner Regalado: I told you, yes. Lucky for you, we are penny pinchers in my office, and we always have money available from rollover. Chairman Teele: Well, this is five hundred dollars for markers for the City cemetery, and it's amended that it would come from the respective rollover accounts of the three of us that are -- Commissioner Regalado: You know, next July, we are going to have the time capsule in the City cemetery, and that's an issue of the CRA (Community Redevelopment Agency), butt had the pleasure of accompanying you about three weeks about to the City cemetery, and it is extraordinary, the history that we have there. Unfortunately, it's not very well kept; although, it's much better now than it was when we started going there seven or eight years ago -- six years ago, but I'm very happy to participate in that, so that's the motion. Chairman Teele: I would call -- Commissioner Regalado: Five hundred dollars -- City ofMiami Page 56 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Each. Commissioner Regalado: --from each, and we have a motion and a second. Fifteen hundred dollars from --five hundred dollars from each of the rollover's account of three office District 5, District 2 and District 4. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Regalado: It passes 3/0. City ofMiami Page 57 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 PUBLIC HEARING PHA 04-00497 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO MODIFY THE WIDTH OF NORTHEAST 9TH STREET BETWEEN NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04 -00497 -cover memo.pdf 04 -00497 -public notice memo.pdf 04 -00497 -public notice .pdf 04 -00497 -location sketch.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Chairman Teele: All right. Are there any public hearing items? If not, Commissioner Regalado, did you want to go now and do your blue pages? Commissioner Regalado: I would love to, if you allow me. Thank you very much, Mr. Chairman. I have two discussion items that -- Chairman Teele: Excuse me just one minute. Commissioner Regalado: Sure. Chairman Teele: Excuse me just one minute. If it's all right with you, we have the public hearing items that are not set for three. It's only two items. Could we resolve those items before we -- Commissioner Regalado: Absolutely, sure. Chairman Teele: PK 1. Mr. Attorney, would you read PK 1, then 2, 3 and 4-- or 2 and 3? The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. Where's the Public Works Director, or who? This is a public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward? There being no persons coming forward, the public hearing's closed. Ma'am, your name. Stephanie Grindell: Stephanie Grindell, Director ofPublic Works. Chairman Teele: No discussion by Commissioners -- Commissioner Winton: I'll move the item. Chairman Teele: Is there a second? City ofMiami Page 58 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Chairman Teele: Madam Clerk, call the roll. Commissioner Regalado: Read the ordinance. Chairman Teele: He's read it. Commissioner Regalado: He read it? Chairman Teele: He read it. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The item is passed on first reading 3 -- I'm sorry, 4/0. PH.2 04-00521 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE MANAGEMENT OF APPROXIMATELY 3.29 ACRES OF CITY -OWNED PROPERTY LOCATED AT 6161 NORTHWEST 9TH AVENUE, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELAFONTE TACOLCY CENTER, INC. ("PROVIDER"), A NON-PROFIT CORPORATION, FOR SAID SERVICES AND PROVIDING FOR: (1) AN INITIAL TERM OF FIFTEEN (15) YEARS THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH AN OPTION TO EXTEND FOR ONE ADDITIONAL FIFTEEN -YEAR PERIOD SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) A FEE OF ONE DOLLAR ($1.00) PER ANNUM, PLUS FLORIDA STATE USE TAX IF APPLICABLE WHICH SHALL BE PAID BY THE PROVIDER; (3) THE PROVIDER MAY ENTER INTO PROGRAM SERVICE AGREEMENTS WITH SERVICE PROVIDERS FOR THE PURPOSE OF OPERATING EDUCATIONAL, RECREATIONAL, AND LEADERSHIP TRAINING PROGRAMS; AND (4) CANCELLATION OF THE REVOCABLE LICENSE AGREEMENT DATED NOVEMBER 20, 1997, BETWEEN THE CITY OF MIAMI AND THE PROVIDER, ON THE EFFECTIVE DATE OF THE MANAGEMENT AGREEMENT. City ofMiami Page 59 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04-00521- cover memo.pdf 04-00521- budgetary impact.pdf 04-00521- public notice memo.pdf 04-00521- public notice 04-00521- pre legislation.pdf 04-00521- exhibit 1 -management agree.pdf 04-00521- exhibit 2 -legal description.pdf 04-00521- exhibit 3- state certification. pdf 04-00521- exhibit 4- maps.pdf 04-00521- exhibit 5 -pre legislation.pdf 04-00521- exhibit 6- model city net area.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0346 Direction to the City Manager by Chairman Teele to request the Parks Department Director to coordinate, with the assistance of the Auditor General, Budget Office, and Asset Management Office, an objective evaluation of the services provided by each of the City's management agreements, as well as the fair market value of said services, which is a savings in tax dollars to the City, and to bring back said report at the meeting currently scheduled for June 24, 2004; further directing the Manager to provide the above evaluation report on an annual basis and to encourage additional management agreements to provide more services to our City Parks. Chairman Teele: All right. PH. 2, would you read the item, Mr. Attorney? Alejandro Vilarello (City Attorney): PK2 is a resolution, Commissioner. Would you like me to read it? Chairman Teele: No. All right. PK2. Public hearing on Item PK2. Chair recognizes the distinguished citizen, Mr. Philip, who is spending literally hundreds of hours, in a pro Bono basis as the Chairman of the board, and doing a wonderful job, and again, we appreciate the time that you're volunteering for the citizens of the City. Paul Philip: Thank you, Mr. Chairman. Mr. Chairman, Mr. Manager -- I have to laugh when I say that -- and members of the Commission, I rise in support of this item. Chairman Teele: Just as a matter of procedure here, name and the address there. Mr. Philip: I'm sorry. I am very sorry. You're absolutely correct. I'm Paul Philip. I run a consulting business, Gaffney, Gallagher, and Philip, with offices on Bayshore Drive, 2675. I also have the honor of chairing the board of the Belafonte Tacolcy Center, which is located at 6161 Northwest 9th Avenue, and again, I want to thank Mr. Chairman, yourself, and my dear friend, the City Manager, Mr. Arriola, for the support of this fine organization. They've been partnered with the City ofMiami for over 30 years in this building, and this management agreement, which was hammered out by the City Manager's office, will allow us to move forward with our programs without the threat of being evicted in 30 days, and when we sign contracts with providers, it's a problem. They say, "You don't have a long-term agreement. " I think this agreement is fair both to the City and to the Center, and again, I want to thank you for the support that this Commission and the Manager's office has given to the Center. With that, I'll -- Commissioner Winton: So moved. City ofMiami Page 60 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: Second. Chairman Teele: Discussion? All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? Mr. Parks Director, we've asked several times -- and before you leave, I really would like to request of you to initiate a process that we can have on the June agenda, with the Auditor General, with the Budget office, with the Asset Management office, to develop an annual report, to be done jointly by the Parks Department and every entity that provides a management agreement, based upon the amount -- based upon a whole series of policy issues that you all want to come up with. The thing that I'm interested in doing is valuing the services that are being provided by the management company, because the quality of services that are being provided by the management company represent a substantial avoidance -- and the Budget Director really should be leading this effort, Mr. Manager, in my agreement. These represent tremendous avoidance of taxpayers' dollars that have to be expended, and it's something that I've advocated from the day I got to this Commission. We need to have more management agreements because our parks are woefully and grossly understaffed, and under programmed, and I think the programming that the Tacolcy organization is providing -- the programming that is being proposed there at the Overtown Youth Center, the programming that's being done in the Culmer Center are programs that are being done under management agreement, but we need to objectively look at board time and all of that and come up with a figure for that. You know, the programming time and all of that, actual grant dollars that are being brought in, and there needs to be an annual report done each year on what the benefit is to the City, both in terms of the dollars that they collect for the City, which is not really the important number, but the services that are being provided and the cost of the City department to provide the same services, you know, and this is particularly true when we have management agreements of facilities, because there's always the public who's going to come in and say, "Why are they running it, or why can'tI run it, or why are they putting their program ahead of my program, " and those kinds of policy issues that we need to be able to justify, so please -- let him say, at least, his name. Javier Fernandez: Good morning. Javier Fernandez, Acting Director, Parks and Recreation. I think it's a direction that's well advised. We do have some issues thatl can discuss to you at length with regard to standardizing some of these agreements, so we can get over some logistical issues --we do --we should move forward in that direction. It's --you raise a very good point. Chairman Teele: I'm not pushing the standardization of agreements. I do think there ought to be some continuity of agreements, but I think each park and each not-for-profit should provide the services as best -- and the one thing we don't want to do is make the not -for -profits now quasi governmental bodies, in which they have to do it all just alike, and -- I mean, I'm not arguing at all for standardization. Mr. Fernandez: No, I don't mean to suggest it, at all, sir. What I'm suggesting more so is that we formalize some existing arrangements with the providers in similar formats on a negotiated basis. Vice Chairman Sanchez: Before -- Chairman Teele: Commissioner Sanchez. Unidentified Speaker: If could -- Vice Chairman Sanchez: May I add to this, which I think -- I consider it a very important -- we do have a lot of -- and I'm very supportive of this, just to state it for the record, but we do have a City ofMiami Page 61 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 lot of nonprofit organizations that are basically are providing services in our parks, and my question to you, Mr. Acting Parks Director is, do we have a system in place to monitor these organizations to make sure that they are providing the service and the level of service to our residents? And when we say residents in parks, we're focusing on our children, which is very, very important. My concern is that we may have nonprofit organizations that have gotten into parks in the past, and really, we may not be monitoring them so, therefore, they might -- they may not be providing what we would consider to be an acceptable level of service and they're there, and my goal has always been here, you know, if you don't produce, you got to go, so we want to make sure that every organization that either benefits from the City as to a facility or funding is providing an adequateable (sic) level of service to our future, which are our kids in our parks. Hr. Fernandez: Commissioner, I think, for those organizations, like Belafonte Tacolcy, where we have a management agreement, we do have a mechanism for an annual review and performance appraisal, and when I speak of standardization, I suggest that we move to a model where we formalize relationships with other provides in similar fashion. To be honest, for those organizations where we only have a park permit is the basis for our engagement, the oversight function is very limited. Chairman Teele: Mr. Vice Chairman, I want to be very clear, though. I'm not talking at all about those entities, like the Optimist or the Boys Club that are providing services on our park. I'm referring solely to those facilities where we have management agreements or we have management relationships where they are, in effect, standing in the shoes of the Parks Director, and that would be Belafonte Tacolcy. For example, if you go there, the staff person that will greet you will be a Belafonte Tacolcy person; it will not be a Parks person, and they're paying the salaries of all those people. They're coming up with the programming of all those people. Now, somebody around the corner may say, "Well, why are they doing it? I have a program I want to bring here -- Vice Chairman Sanchez: Exactly. Chairman Teele: " --and I don't think they should be able to put their programming ahead of ours." Well, you know, that's a decision we make when we approve these agreements. We're giving them the right to sit in the first chair, and I'm simply saying, we need to have a real strong policy justification based upon the financing of what they're bringing to the park. Because if we took -- what is the budget, Sabrina? What is the budget of the Belafonte Tacolcy Center, as an example? Vice Chairman Sanchez: You've got to fie in performance agreement. Chairman Teele: You know, and that needs to be done very carefully so we have a justification and we know what we're doing. Sabrina Baker-Bouie: Our budget now is eight hundred and twenty-nine thousand plus, and we've gone from about one point one to eight hundred and twenty-nine thousand. Chairman Teele: And that represents an avoidance from the Parks Department of a budget that would have to be. The truth of the matter is, they wouldn't have an eight hundred thousand dollars budget there. The quality of the programming would go down substantially because they wouldn'tprovide the level ofprogram. The best computer labs in the entire City are at this facility, because they went out and got grantsfrom the U.S. Justice Department. How much in grants have you all brought in there, roughly? Hs. Baker-Bouie: Over the past five years, I think we brought in probably over eight million dollars worth ofgrants. City ofMiami Page 62 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: See -- Ms. Baker-Bouie: But not only that, we do allow other agencies to utilize the facility. NA meets out of our facility four days out of the week; the Liberty City Grandparents Raising Grandchildren meet out of our facility, and so we are open to allowing people who have programs that are going to help the community come -- collaborate with us, so we're not saying you can't come into the park. We just need to make sure 'A ", it's a quality program, and that it also supports the kind of services that we're doing, and we're interested in helping youth and families. That's our focus. Chairman Teele: But the bottom line is, over the last five years, how much in grant money have you brought? Ms. Baker-Bouie: It's been over eight million. Chairman Teele: And that -- that's eight million dollars of benefits to the City, plus the reoccurring costs of seven, eight hundred thousand dollars a year, and when you look at what we're trying to do, at least in the poorest part of the City, my district, we're looking for those cooperative relationships, because the finance -- because the Parks Department couldn't arrange a budget like that. Vice Chairman Sanchez: But not to point out any agency, I'm just focusing on the entire City parks, on all the parks. I mean, we've just opened up Jose Marti Center, and you have agencies that are coming in to provide services, which is perfectly fine. If they're respectable organizations, they bring benefits to the City, whether it be through grants or services, but think that you have to tie in a performance -- some type ofperformance on all these agencies to make sure they produce, because if not, you're going to have an agency that's going to come in, not producing; then you may have another agency looking in from the outside in, who's able to produce and bring in all these grants and provide abetter service in our parks. That's just my point. Chairman Teele: Thank you. I agree. We look forward to getting that on the agenda, second meeting in June, with the -- Mr. Fernandez: We'll follow through on that, sir. Thank you. PH.3 04-00424 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE AS SURPLUS CERTAIN CITY -OWNED PROPERTIES SURPLUS, LOCATED AT 3840 WASHINGTON AVENUE AND 3850 WASHINGTON AVENUE, MIAMI, FLORIDA ("PROPERTIES"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARDENT HOUSING FOUNDATION, A FLORIDA NOT-FOR-PROFIT CORPORATION ("PURCHASER"), FOR THE SALE OF SAID CITY -OWNED PROPERTIES; ESTABLISHING TEN DOLLARS ($10) AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE PURCHASER FOR THE PROPERTIES, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. City ofMiami Page 63 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04 -00424 -cover memo.pdf 04 -00424 -public notice memo.pdf 04 -00424 -public notice.pdf 04 -00424 -draft letter.pdf 04 -00424 -exhibit 1-agreement.pdf 04 -00424 -exhibit 2 -city deed.pdf 04 -00424 -exhibit 3-maps.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0347 Chairman Teele: PH.3 is a resolution relating to surplus property at Washington Avenue, 3840 and 3850 Washington Avenue. Vice Chairman Sanchez: Thank you. Chairman Teele: Is there --public hearing. Any person desiring to be heard. This is a public hearing. There are no persons coming forward. The public hearing is closed. Commissioner Winton: So moved. Chairman Teele: Commissioner Winton. Commissioner Winton: So moved. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? 3:00 P.M. PH.4 04-00373 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CONVEYANCE OF VACANT CITY -OWNED REAL PROPERTY LOCATED AT Development 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; 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 City ofMiami Page 64 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to DEFER item PH.4 to the Commission Meeting currently scheduled for June 10, 2004. Chairman Teele: -- here for the afternoon portion of the meeting. It would be our intent to come right back into the Planning & Zoning item -- are you all --fine people here in the Planning & Zoning agenda, a zoning matter? Well, we do have to take a break -- not a break, but a meeting with the lawyers, so we're going to be in a briefing, under the Florida Statutes, that requires that we be briefed by our lawyers on some unrelated matters, but before we do, what we would like to do is call up the Community Development items and, following that, we will take up the deferrals or withdrawals and, following that, we will recess to the meeting, if that's all right, so, Madam Director. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. We would like to defer PK 4 to June 10th. Chairman Teele: Motion by Commissioner Regalado to defer. Second by Commissioner Winton, please. Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? PH.5 04-00503 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, PREVIOUSLY ALLOCATED TO SISTERS AND BROTHERS FOREVER, INC., PURSUANT TO RESOLUTION NO. 03-1245, ADOPTED DECEMBER 18, 2003, FROM THE PUBLIC FACILITIES AND IMPROVEMENTS CATEGORY AND REALLOCATING SAID FUNDS TO THE PUBLIC SERVICE CATEGORY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04 -00503 -cover memo.pdf 04 -00503 -public notice.pdf 04 -00503 -pre memo.pdf 04 -00503 -pre notice.pdf 04 -00503 -pre legislation 1.pdf 04 -00503 -district 1 fund.pdf 04 -00503 -pre legislation 2.pdf 04-00503- table.pdf 04 -00503 -pre legislation 3.pdf 04 -00503 -pre legislation 4.pdf 04 -00503 -exhibit- amendment 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 Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0352 City ofMiami Page 65 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 This was a contract that was approved. Unfortunately, the resolution said that it was for public facility, and it should have said 'public service, " and it is to the same amount, Sisters and Brothers Forever -- Chairman Teele: This is a public hearing. Any person desiring to be heard on Number 5, Public Hearing Item 5, Sisters and Brothers Forever, should come forward. There are no persons coming forward. The public hearing is closed. Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? Discussion. All those in favor, signify by the sign of "aye. " The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is unanimously adopted. City ofMiami Page 66 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 PH.6 04-00504 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $65,000, PREVIOUSLY ALLOCATED TO THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FROM THE 29TH YEAR CDBG PROGRAM FOR ECONOMIC DEVELOPMENT; ALLOCATING SAID FUNDS TO THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP. HOUSING PROJECT MANAGEMENT SUPPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THAT CERTAIN AGREEMENT AND A CDBG HOUSING PROGRAM MANAGEMENT SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE CITY OF MIAMI AND THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FOR SAID PURPOSE. 04 -00504 -cover memo.pdf 04 -00504 -public notice.pdf 04-00504-agreement.pdf 04 -00504 -pre rfp.pdf 04 -00504 -exhibit 1-amendment.pdf 04 -00504 -exhibit 2-agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0353 Direction to the City Manager by Chairman Teele to work with his District 5 Office to determine if there are any public service dollars to assist the Rafael Hernandez Housing and Economic Development Corporation. Barbara Rodriguez (Director, Community Development): PH 6 is transferring sixty-five thousand from Rafael Hernandez Housing and Economic Development Corporation to the same agency, but from economic development to housing. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Commissioner Winton: So moved. Chairman Teele: By Commissioner Winton. Commissioner Regalado: Second. Chairman Teele: By Commissioner Regalado. Commissioner Winton -- Madam Director, would you work with my office to determine whether or not there are any public service dollars anywhere in District 5 that may be made available to help out the Rafael Hernandez for the remainder of the year? Hs. Rodriguez: We will. City ofMiami Page 67 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: Yeah, and I know I don't have that much. Chairman Teele: I mean, we're just down to the bottom and, Commissioner Winton, I really commend you for working through that. You know, we have this joint responsibility in the Wynwood area, and I would like very much to see if we can find money. That organization needs to be supported. Is there a rep -- Commissioner Winton: And they've really done a good job, and you know how tough I've been on -- Chairman Teele: Yeah. Commissioner Winton: -- CDCs (Community Development Corporations) in my district, and Rafael Hernandez has done above and beyond in terms ofgetting themselves organized, getting a good board, getting good staff and really producing, so it's a shame that we're in this mess we're in, and -- Chairman Teele: Is there a rep -- Commissioner Winton: --for once it's a mess not to their making. It's a mess to funding making. Chairman Teele: Ms. Kaplan, don't be so shy. We appreciate you being shy, though. Usually, people are jumping up, yelling and screaming at us. Janitza Kaplan: Well, I'm Janitza Kaplan, Rafael Hernandez Housing, 2400 North Miami Avenue. Well, I thank you very much for your confidence and support, and we've only been able to accomplish it because we've had consistent assistance from the City staff, as well as the Commission, so our success is thanks to the success that -- and support that we've received from you, so thank you. Commissioner Winton: Except we have you on the verge of going out of business. Ms. Kaplan: Yes. Commissioner Winton: So, you know, I don't call that success. Ms. Kaplan: Well, we continue to work through everything, and we've had a lot of support from Barbara and her staff so we very much appreciate it. Chairman Teele: Would you work with Barbara and her staff to see if there --you know, you hear all sorts of things about electricity or something, you know, immediate needs. If there is something that we can do in the June 10th meeting to help you out, we're willing to try to figure out a way. We just don't have any public service dollars, as you know, but we maybe able to come up with a few dollars here and there by working through some of the organizations. Ms. Kaplan: Well, I think we'll be OK for a little bit with the moving the money from economic development -- Chairman Teele: Great. Ms. Kaplan: -- to housing because we've been pushing that forward, so we've already reached a few of the benchmarks. Chairman Teele: You can thank Commissioner Winton. He's taking the lead. City ofMiami Page 68 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Ms. Kaplan: I thank everybody. Thank you for championing us. Thanks. Chairman Teele: The motion reoccurs. Is there further discussion? All those in favor of the item, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.7 04-00505 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING Community COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN Development AMOUNT NOT TO EXCEED $1,070,000, PREVIOUSLY ALLOCATED TO THE LITTLE HAVANA HOMEOWNERSHIP TRUST; REALLOCATING SAID FUNDS TO THE CITY OF MIAMI OFF-STREET PARKING AUTHORITY TO BE USED FOR PROPERTY ACQUISITION AND FOR DEVELOPMENT OF A PUBLIC PARKING LOT LOCATED AT 901 SOUTHWEST 15TH AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS 1432 SOUTHWEST 8TH STREET, MIAMI, FLORIDA. 04 -00505 -cover memo.pdf 04 -00505 -public notice.pdf 04 -00505 -property info. map.pdf 04 -00505 -pre legislation.pdf 04 -00505 -pre housing activities.pdf 04 -00505 -pre memo.pdf 04 -00505 -pre notice.pdf 04 -00505 -pre priority activities.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0354 Barbara Rodriguez (Director, Community Development): PH 7 is transferring a million, seventy from the Little Havana Homeownership Trust to the City ofMiami Off -Street Parking Authority, and it's for property acquisition and construction of a public parking lot in 901 Southwest 151h Avenue, also known as 1432 Southwest 8th Street. 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. Commissioner Sanchez. Vice Chairman Sanchez: So move. Commissioner Winton: Second. Chairman Teele: Congratulations to you, Commissioner Sanchez, and for a rare word of positive energy for the Off -Street Parking, let us really commend Off -Street Parking for coming to the table and being a partner in working with Commissioner Sanchez and the district. Commissioner Winton: Here, here. City ofMiami Page 69 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: And we hope that we can see a lot more of this in the future. We really do. Further discussion. Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. PH.8 04-00506 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 29TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $188,513, PREVIOUSLY ALLOCATED TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), FOR ECONOMIC DEVELOPMENT; ALLOCATING SAID FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), HOUSING PROJECT MANAGEMENT SUPPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE EXISTING AGREEMENT WITH ABDA, AND A CDBG ECONOMIC DEVELOPMENT PROGRAMS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, FOR SAID PURPOSE. 04 -00506 -cover memo.pdf 04 -00506 -public notice.pdf 04-00506-agreement.pdf 04 -00506 -pre legislation.pdf 04 -00506 -pre rfp.pdf 04 -00506 -pre legislation 2.pdf 04 -00506 -pre master report.pdf 04-00506-dist.1 reserve fund.pdf 04 -00506 -exhibit 1-amendment.pdf 04 -00506 -exhibit 2-agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0355 Barbara Rodriguez (Director, Community Development): PH 8 is transferring a hundred and eighty-eight thousand, five hundred and thirteen from the Allapattah Business Development Authority economic development contract to the Allapattah Business Development Authority housing contract. 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, therefore, closed. Commissioner Winton: And this is something that Commissioner Gonzalez is -- Ms. Rodriguez: Similar to Rafael Hernandez. Commissioner Winton: But Commissioner Gonzalez is all in favor of this? Ms. Rodriguez: Yes. City ofMiami Page 70 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: It's moved and seconded. Is there discussion or objection? All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.9 04-00507 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY") Development LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2004, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO INCREASE THE MAXIMUM AMOUNT OF ASSISTANCE PROVIDED TO ANY APPLICANT IN THE FORM OF LOANS AND GRANTS, TO AN AMOUNT NOT TO EXCEED $83,000; AUTHORIZING THE CITY MANAGER TO SUBMIT A MODIFIED PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION ("FHFC"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP AND LHAP PROGRAMS. 04 -00507 -cover memo.pdf 04 -00507 -public notice.pdf 04 -00507 -exhibit- local housing plan.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0356 Barbara Rodriguez (Director, Community Development): PH.9 is basically a cleanup item. This has to do with our State contract, and it goes back to 2001, to the one of 2004 plan, and what they have requested in order to settle all of the single-family rehab cases that we had is that we let you know that the plan says that there is -- that the maximum allowed to be spent in an applicant's home was eighty-three thousand dollars. This resolution is basically to clean the audit that took place for the 97 families, and it will give me the possibility -- not the possibility, no -- the approval to get paid from the State the one million dollars. Chairman Teele: Very good. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is, therefore, closed. Commissioner Winton: So moved. Chairman Teele: By Commissioner Winton. Commissioner Regalado: Second. City ofMiami Page 71 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: By Commissioner Regalado. Further discussion or objection. All those in favor should signify by the sign of "aye. " The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. City ofMiami Page 72 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 ORDINANCES - EMERGENCY EMA 04-00475 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS BY REPROGRAMMING PREVIOUSLY APPROVED FUNDS AND APPROPRIATING NEW FUNDING; ESTABLISHING AND APPROPRIATING NEW CAPITAL PROJECT NO. 326010 ENTITLED "MIAMARINA IMPROVEMENTS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 04 -00475 -cover memo.pdf 04 -00475 -budgetary impact.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to DEFER item EM.1 to the Commission Meeting currently scheduled for June 10, 2004. Chairman Teele: Is there a motion to defer EM.1, the capital budget to the same -- Commissioner Regalado: Move it. Chairman Teele: -- time? Is there a second? Commissioner Winton: Second. Chairman Teele: Is there objection? All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. EM.2 04-00493 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 04 -00493 -cover memo.pdf 04-00493-exhibits. pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to DEFER item EM.2 to the Commission Meeting currently scheduled for June 10, 2004; further directing the City Manager and the Administration to meet with each Commissioner to address any concerns prior to Item EM.2 coming back for Commission consideration. City ofMiami Page 73 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Direction to the Administration by Chairman Teele to report back to the Commission on the historical funding of both the Summer Internship Program and the Hanagement Internship Program for the past several years, the number of people in each program, where the funding for these programs has gone over the years and where the City is now; further requesting that a policy be established whereby whenever any program or activity is being eliminated, that it be highlighted as a significant budget line item; further directing that the administration find ways to find funding, either through grant monies or reccurring funds, for the Parks Summer Program. Chairman Teele: Now, we have the Budget Director. We ought to get him here -- where is he? Did he leave? OK. He's -- it's your intent -- you all are requesting, again -- and I think it's most appropriate --that we have five Commissioners here. What are the two items that you're hereon today? Larry Spring (Director, Strategic Planning, Budgeting and Performance): Actually, I'm here on EM.2, which is the ordinance amending the budget appropriation. I'm asking that that item be deferred until we have five Commissioners present. Vice Chairman Sanchez: So moved to defer. Chairman Teele: Moved and seconded by Commissioner -- hey, nobody here but us chickens -- by Commissioner Winton. For discussion, let me mention two or three things. First, I think we ought to make sure that this discussion goes as quickly as possible when we have it, and you ought to meet with each of the Commissioners, if you haven't, to make sure that this does. My concerns are going to be as follows: Number one, the Personnel Budget or the Employee Relations budget each year has contained two very important provisions: One is, we had a Hanagement Intern Program, which identified people particularly in the Miami community, and a number of the senior employees of this City -- it's a workshop -- a number of the employees of this City come out of that program. I'm shocked to learn, really, that the City has done away with the Summer Internship Program and the Managementlnternship Program, and I need to understand the historical funding of that program for year for year for year, and the number of people in that program year for year for year and, you know, where that money has gone over the years -- over this year, because we had one last year, and when you all gave us a budget, you did not give us a budget that you were eliminating a program, and I've got to tell you this, Mr. Director, the City has got to understand -- the City employees have got to understand that we don't exist for each other; we exist for the citizens, and I think when we eliminate a program that's designed to find college kids that are out there that have a potential, and to get them in a job for three or four weeks or a month or two, it's really -- I mean, you know, it's almost an insult. It's an insult to my intelligence that we don't have a summer program here at this City. It's been one of the important things. The taxpayers are the ones who pay for this, and so I would like, as a part of the budget process, number one, I would hope that we would establish, in the future, that any program that is being eliminated or activity is a significant budget item that would be highlighted when you make the budget presentation at the beginning of the year, but secondly, I would like to understand what's happened to that money and where that has gone historically and where we are now on that, please. Hr. Spring: Absolutely. Chairman Teele: The second thing that I'm concerned about is our parks summer program, and I have not said this, but I'm going to challenge my colleagues that we need to find ways to fund summer program off-line so that it's not a part of the Parks budget base, because what happens is, any time you put this money in these departments, it winds up getting eaten up. We need -- it's a lottery -- Commissioner Winton: A line item. City ofMiami Page 74 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: It's a lottery issue. Line item -- Commissioner Winton: Line item. Chairman Teele: -- or something, but Johnny, trust me -- Commissioner Winton: I agree. Chairman Teele: --you know, this -- it's like -- Commissioner Winton: Don't disagree. Chairman Teele: The federal government has done a number on inner city children by eliminating summer programs. Everybody could remember for years -- 50 years we've had summer programs, since Roosevelt. There are no programs out therefor the kids this year. None. Commissioner Winton: It's that new administration? You know whatl mean? Chairman Teele: Huh? Well, I -- yeah. I don't mind saying it. I mean, the money's in Baghdad, you know, for our children, and it's not right, and I can't support any administration that's going to literally leave children -- because a lot of kids want to work and buy the Nikes or their school supplies. They don't want to go out there and mug people, and knock people over the head, but - - you know, we're challenging the public. Commissioner Winton: (UNINTELLIGIBLE) Chairman Teele: So we need to be very, very careful, and I don't think the City should be a party to this, and particularly as relates to City park and City park activities, and I had the pleasure of talking to the Parks Director today. I think we ought to figure out a way to make a commitment, but personally, I'd like to see foundation money and grant money set aside, any reoccurring dollars that we can come up with for a summer parks program that's off-line on the budget, so every year they come in and they make a presentation on what they're going to do with the money, so that the money goes for children and parks programs and not for budgeting and staffing, so those are my two main concerns about these budget amendments, because I really think that we -- we're really beginning to operate for the benefit of the City, and we've really got to make sure that we continue to operate for the benefit of the citizens, from my vantage point, so Commissioner Regalado: Mr. Chairman, are we talking about -- I'm sorry. I wasn't here. There is a -- Chairman Teele: The motion --just so that you know, the motion is to defer the budget -- mid-year budget. The discussion was that each Commissioner to meet with the Manager and to Budget Director before the meeting next time, so that all of our issues could be out, and any issues that you want a special presentation on or recognition on, to give it to Budget Director now, so that when we bring it up here in two weeks, it will be either we're against it or we're for it, pretty much. Commissioner Regalado: Oh, OK, butt just want to make sure. Is there a deficit of a hundred and fifty thousand dollars for the Parks Department because of the -- this new summer programs that are being organized by the administration? Mr. Spring: Larry Spring, Chief of Strategic Planning, Budgeting & Performance. Actually, City ofMiami Page 75 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner, there is a deficit in our -- in the parks program, more particularly related to having balanced the budget when we presented it initially. We've got -- Commissioner Regalado: So -- Mr. Spring: We've tried to manage it throughout the fiscal year this far, and based on our forecast for spending --you know, spending at a like -- a similar level as last summer, we figured that we will have a shortfall, so -- Commissioner Winton: Of how much? Mr. Spring: I think we've worked up -- Commissioner Regalado: A hundred and fifty thousand dollars. Mr. Spring: Yeah. Commissioner Regalado: A hundred and fifty thousand. Mr. Spring: The remaining amount. We've done some shopping around, and we've been able to resolve most of the issues, but we're down to that -- Commissioner Regalado: Now, I am very troubled because I made a commitment to the Parks Director. I am not going to deny that made that commitment, but I'm very troubled because I just saw a publication of the City ofMiami Parks Department, which has a beautiful page with a message of the Mayor and the Manager, and the Parks --former Parks Director, and there is not even a mention of none of the five members of the City Commission, and I am offering fifty thousand dollars to cover that deficit of the money that was graciously given by the Bayfront Trust. If this is a program to take out of the equation members of the City Commission, I -- I'll be troubled. I'll still give it because, you know, I would not use friendly fire to kill children, but it's very troubling because that is not an accident. It is a political thing that should have not been done. It's a disgrace for a City that is supposed to get along so well, and I am -- I'm really troubled. I just want to say that this City, it seems to me, sometimes, that it's going back to the dark years that we experienced in the late '90s, so with that, I'm going to say that, Mr. Chairman, I -- the other thing that need to know is the budgetfrom the Police Department, especially the budget from Internal Affairs, and the over -time that they're -- that's all that I wanted. Chairman Teele: Further discussion, comment? If not, the motion to defer reoccurs. This is on what -- which one is this? Mr. Spring: EM.2, sir. Priscilla A. Thompson (City Clerk): F.M.2. Chairman Teele: Now, what about EM.1 ? That's capital budget, isn't it? Mr. Spring: That's capital. Alicia Cuervo Schreiber (Chief of Operations): EM.1, yes -- Chairman Teele: That's notyou? Ms. Cuervo Schreiber: --no. Capital Improvements Office. Chairman Teele: All right, but we're going to defer that, too? City ofMiami Page 76 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Ms. Cuervo Schreiber: No. Chairman Teele: You're going to do that today? Ms. Cuervo Schreiber: Wait. We have -- we -- Commissioner Sanchez and Commissioner Gonzalez -- Chairman Teele: We're going to defer that also? Ms. Cuervo Schreiber: Yes. Chairman Teele: The motion reoccurs to defer item FM.2 to the next regular meeting, which is June 10th. June 10th. All in favor, say "aye" The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 77 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 RESOLUTIONS REA 04-00480 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Public Works INCREASE IN THE MIAM I-DADE COUNTY CONTRACT AWARDED TO ENVIROWASTE SERVICE GROUP, INC. ("CONTRACTOR"), PREVIOUSLY APPROVED BY RESOLUTION NO. 03-1007, ADOPTED SEPTEMBER 11, 2003, FOR THE PROJECT ENTITLED "CITYWIDE STORMWATER CLEANING AND MAINTENANCE PROJECT, FISCAL YEAR 2003, B-5697," FOR ADDITIONAL WORK TO BE PERFORMED BY THE CONTRACTOR, IN AN AMOUNT NOT TO EXCEED $339,250, INCREASING THE CONTRACT FROM $750,000 TO $1,089,250; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT NO. 001000.311003.6.340, IN AN AMOUNT NOT TO EXCEED $295,000, FOR CONTRACT SERVICES, AND FROM THE DEPARTMENT OF PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT NO. 001000.311003.6.270, IN AN AMOUNT NOT TO EXCEED $44,250, FOR INSPECTION SERVICES, FOR SAID PROJECT; AMENDING RESOLUTION NO. 03-1007 TO REFLECT SAID INCREASE. 04 -00480 -cover memo .pdf 04 -00480 -budgetary impact.pdf 04 -00480 -pre legislation.pdf 04 -00480 -letter from Public works.pdf 04-00480-dade county agreement.pdf 04-00480-dade county agreement 2.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, 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-04-0349 Chairman Teele: RE I -- Can we move through the REs (resolutions) very quickly? -- is citywide storm service cleaning project increasing. Commissioner Winton: So moved. Chairman Teele: Do you need four votes on any of this? Moved by Commissioner Winton. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.2 04-00481 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE City ofMiami Page 78 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 SUB -RECIPIENT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") FOR THE REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS ALLOCATED TO THE CRA'S 9TH STREET PEDESTRIAN MALL PROJECT, TO THE GRAND PROMENADE INTERIM IMPROVEMENT PROJECT, AND CRA INFRASTRUCTURE, LAND ACQUISITION, HISTORIC PRESERVATION, AND TRANSPORTATION PROJECTS AS APPROVED BY THE CRA'S BOARD OF DIRECTORS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO AMEND THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S HOUSING AND URBAN DEVELOPMENT ("HUD") ACTION PLAN, INCLUDING PROVIDING PUBLIC NOTICES ACCORDING TO THE HUD CITIZEN PARTICIPATION PLAN. 04 -00481 -cover memo.pdf 04 -00481 -exhibit -agreement. pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, 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-04-0350 Chairman Teele: RE 2, allowing for the City to do some of the work -- services in the CRA (Community Redevelopment Agency) area. Commissioner Winton: Yeah, so move. Chairman Teele: Moved by Commissioner Winton. Vice Chairman Sanchez: Second. Chairman Teele: By Commissioner Sanchez. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.3 04-00494 RESOLUTION Model City A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Community ATTORNEY TO INITIATE AN ACTION FOR SPECIFIC PERFORMANCE Revitalization AGAINST ALBA AND ULISSES DUARTE, TO COMPEL THE SALE OF THE District Trust PROPERTIES LOCATED AT 1525 AND 1535 NORTHWEST 62ND STREET, MIAMI, FLORIDA, TO THE CITY OF MIAMI, CONSISTENT WITH THE TERMS AND CONDITIONS OF THE PURCHASE AND SALE AGREEMENT EXECUTED FOR THE SALE OF SAID PROPERTIES. 04 -00494 -cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez City ofMiami Page 79 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 R-04-0357 Chairman Teele: RE.3 is an item I would like to defer temporarily. Vice Chairman Sanchez: Defer. Chairman Teele: Defer RE.3 and 4 temporarily. Chairman Teele: And one minor correction on RE.3 and 4 from this morning that we pulled for -- we didn't pull. We just skipped over. Commissioner Winton, would you move RE.3? That's the City Attorney -- Commissioner Winton: Yes. So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.3 is unanimously adopted. RE.4 04-00495 RESOLUTION Model City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CONVEYANCE OF SIX (6) CITY -OWNED VACANT PARCELS LOCATED IN Revitalization THE MODEL CITY HOMEOWNERSHIP ZONE, LISTED HEREIN, TO District Trust PALMETTO HOMES OF MIAMI, INC., AS DEVELOPER AT NO COST FOR THE DEVELOPMENT OF EIGHT (8) NEW SINGLE FAMILY HOMES, AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW INCOME, SUBJECT TO THE DEVELOPER: (1) PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF MIAMI ("CITY") AND THE MODEL CITY TRUST OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING FOR PURCHASE BY QUALIFIED HOMEBUYERS, (2) COMMENCING CONSTRUCTION WITHIN TWELVE (12) MONTHS FROM THE DATE OF CONVEYANCE BY THE CITY, (3) COMPLYING WITH OTHER TERMS AND CONDITIONS INCLUDING PARCEL REVERTER PROVISIONS, AS DEEMED APPROPRIATE BY THE CITY MANAGER AND THE CITY ATTORNEY, AND (4) PROVIDING THE ADMINISTRATION WITH A STATUS REPORT CONCERNING TITLE TO THE PARCELS WITHIN NINETY (90) DAYS FROM THE DATE OF CONVEYANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04 -00495 -cover memo.pdf 04 -00495 -model city reso.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0358 Direction to the City Manager by Chairman Teele to instruct the President of the Model City Revitalization District Trust to work with the Department of Community Development to identify City ofMiami Page 80 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 at least one additional lot in the Model City Homeownership Zone to be used as a model for affordable housing. Chairman Teele: And RE.4. Commissioner Winton: You want that moved? Chairman Teele: Yes, sir. Commissioner Winton: So move. Commissioner Regalado: Second. Chairman Teele: Is the --is Ms. -- Commissioner Winton: We're going to build some houses. Chairman Teele: -- Ms. Wiley here? Commissioner Winton: That's a good thing. Chairman Teele: She's not here. For the record, Ms. -- Karen, would you ask Ms. Wiley to make sure that she works with Community Development and identifies at least one lot of these eight, or one somewhere else that can be a model house, you know. Any builder -- the first thing you do, Johnny, is what? You put up the model unit, and the way I look at these lots, these are the standard lots, and we really need some good news here, and we really do need for them to look through the inventory, pick out a model lot that we -- I mean, you know, a lot that we -- Commissioner Winton: Yeah. Chairman Teele: -- can have a nice -- Commissioner Winton: To put the model on. Chairman Teele: To put the model on. The one that, you know, that may not be typical, but it's, you know -- Joe Arriola (City Manager): The selling point. Chairman Teele: It's the selling point, and I don't see that in this list. I think that's a fundamental marketing mistake. I don't object to it, but would hope they would come to us in the next meeting with one additional lot that could be a model unit. Commissioner Winton: That has some of the upgrades in it. Chairman Teele: Huh? Commissioner Winton: It has some of the upgrades in it. Chairman Teele: Yes. That has some of the upgrades, and everybody comes in and looks for the best one, and then you get what you can afford. OK Without objection, all those in favor of the item, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is unanimously adopted, 3/0. City ofMiami Page 81 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 RE.5 04-00276 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works 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 Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, 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-04-0351 Chairman Teele: RE is a motion, please. Commissioner Winton: So moved. Chairman Teele: Is there a second? Vice Chairman Sanchez: Yes, second. Chairman Teele: Is there objection? RE5 is moved and seconded. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.6 04-00472 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ASSIGNMENT OF THE CITY OF MIAMI ("CITY') COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY AND ATLAS WASTE, CORP. TO EASTERN WASTE SYSTEMS, INC., CONTINGENT UPON SUBMISSION OF ALL SUPPORTING DOCUMENTS REQUIRED BY THE NON-EXCLUSIVE FRANCHISE AGREEMENT, WITH PROVISIONS STATED HEREIN. City ofMiami Page 82 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04 -00472 -cover memo.pdf 04-00472-memo.pdf 04 -00472 -letter. pdf 04-00472-RFQ.pdf 04 -00472 -pre legislation.pdf 04 -00472 -statement of ord.pdf 04-00472-mail.pdf 04-00472-application.pdf 04 -00472 -certificate of ins.pdf 04 -00472 -state certification. pdf 04 -00472 -state letter.pdf 04 -00472 -articles of inc.pdf 04-00472-occ. license applic.pdf 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-04-0359 Chairman Teele: RE 6. Vice Chairman Sanchez: So move. Chairman Teele: By Commissioner Sanchez. Seconded -- Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Sanchez: We just voted. Chairman Teele: Commissioner Sanchez, did you have some district item you'd like to clear? Vice Chairman Sanchez: No, sir. Chairman Teele: Commissioner Winton? Commissioner Winton: No. Did you do -- Vice Chairman Sanchez: I knew it was a long agenda. Commissioner Winton: Did you move -- did you skip RE 3 and 4? Chairman Teele: It was 3 and 4. Commissioner Winton: OK. Chairman Teele: No, no, no. Commissioner Winton: Well, I knew you skipped 3. City ofMiami Page 83 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: No, PH -- no, no, no. It was two items, 4 and 3, yes. Commissioner Winton: Both of those you're -- Chairman Teele: Yes. Commissioner Winton: --you're not doing that. Chairman Teele: Right. Further discussion on any other item before we break for lunch. If not, we'll come back at around 2: 45ish, 2:40. We have a public -- sunshine law meeting scheduled for 2:45, and CDBG (Community Development Block Grant) at 3, and we should be able to get through the balance of the agenda. We've done all of the public hearing items, except the CD (Community Development) public hearing items. We've done all of the resolutions, except two, and we've done the CA (consent agenda), so we should be in good shape. We stand recessed to 2:45. Thank you. REJ 04-00538 DISCUSSION ITEM Planning & Zoning PRESENTATION BY THE PLANNING AND ZONING DEPARTMENT OF -- City Commission THE MIAMI MASTER PLAN. 04 -00538 -cover memo.pdf SHORT PRESENTATION 2.ppt DISCUSSED Direction to the Administration by Commissioner Winton to notify each Commissioner of the schedules of meetings related to the Miami Master Plan effort, as well as notify the public to encourage public input. Chairman Teele: We have an]] o'clock item, and we'd like to move to that. We'll come back to your blue pages. Commissioner Regalado: Thank you. Chairman Teele: Thank you very much and, Frank, thank you for your -- Commissioner Winton: What's the 11 o'clock, Tomas? Commissioner Regalado: The -- Chairman Teele: The Mayor requested an item on planning -- on the -- and I'm going to yield to the Vice Chair. I'm going to step out. Vice Chairman Sanchez: We have a time certain item. Is staff ready? Ana Gelabert: Yes, we are. Good morning. Ana Gelabert, Director of Planning. We have a presentation for you today. Commissioner Winton: Oh, this is the -- Mr. Gelabert: This is the -- Commissioner Winton: He said that to me and I just didn't -- Commissioner Regalado: (UNINTELLIGIBLE). Commissioner Winton: But was -- you know, my head's clogged up and, apparently, my ears City ofMiami Page 84 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 also. I think they've asked me to kind of kick this off from a global prospective. This is about the Citywide master plan that this Commission -- the Mayor called for; this Commission has adopted that call for a Citywide master plan, and staff is going to give you a brief presentation on how they see this master plan working, but I'll tell you. I've spent some time thinking about the impact that this master plan can have on the City, and Commissioner Teele -- and I wish Commissioner Gonzalez was here, because -- We have an opportunity to look at land uses all across the City. Now, there's some areas in our City, like Little Havana -- and Commissioner -- much of -- Commissioner Regalado, much of your district -- where everything's build out, and it's in a pretty orderly fashion, but we've got to do some things that do some major cleanups and set the tone for how we continue to create progress in those areas. We also have some areas-- and my district's much like your two districts. I mean, there's not a lot of land left in District 2 either, and so it really is more about clean up and those kinds of things, but in Commissioner Teele's district and Commissioner Gonzalez' district, that's a whole different thing. There's a tremendous amount of vacant land, underutilized land, and underutilized buildings in those areas, and one of the opportunities that I think we have to grab upon here is to look at how we can turn some of those areas into real economic job generators, and I'll give you an example that I've been thinking about. All of the trucks coming off of the port have to go to far west Dade to do anything because that's where all the warehousing is, and it's quality warehousing. I'm not talking aboutjunky warehousing. I'm talking about good, quality warehousing that employs a lot of people that get paid good wages to do the kinds of things that they do, and I've done some driving around these areas that I'm thinking about also, and I'm not convinced that, in this master planning process, we can't find some areas where we could use some of the techniques that we used in Midtown Miami, and use some of the other economic development tools that we - - that the State allows us to use to, in fact, create something like a high-end industrial park, or a couple of high-end industrial parks in some of these areas that will bring new economic development and new jobs, and not just new economic development and new jobs, but new kinds of jobs that our City used to enjoy what, 40 years ago and 50 years ago, but all those jobs went west, and I think we have an opportunity to get those back, so I think, as we look at our master plan here, this will set the foundation in --for the City ofMiami moving forward in a way that can allow all of our neighborhoods to grab onto this wave of popularity that our city is going through, from a redevelopment standpoint, literally citywide, and it will be about the corridors, which are going to be a big part of what's going to happen in Commissioner Sanchez' district, Commissioner Regalado's district and my district, but it's also going to be about opportunities for some major economic redevelopment in a bigger fashion in Commissioner Gonzalez' district and Chairman Teele's district, so I think that's just kind of a component part of many of the things that this master plan's going to look at. I'll let them deal with the details, butt just wanted to share with you all kind of the initial thoughts that have about how we can really do some very exciting things with this master plan and, therefore, the sooner because we're on this road going up and the balloon doesn't always keep going up; at some time, at some point, it begins to turn. We want to get this thing done as fast as we can so we can take advantage of the economic development boom that's going on in our City, and not let this plan take so long that we miss this cycle. With that, Ana. Commissioner Regalado: Can I say something, Mr. Chairman, just to -- in support of Commissioner Winton's theory? I think it's important that when they do consider this master plan, or whatever it is, they look at something that is happening in the County. The County is probably about to extend the western construction boundaries, west of Krome Avenue. There's a lot of debate but, eventually, the developers will prevail, and the construction boundaries will be extended. By doing that what you're going to get is more traffic coming east and going west. All of the state-of-the-art warehouses are west of the Palmetto, north of 25th, up to Miami Lakes. For a tractor trailer to go from the Port through 836 on a rush time hour and then get on the Palmetto, and move on to 87th Avenue and 54 or 70th Street, it would take an hour and a half, probably good two hours, so that's one of the incentives that the City could offer; a good traffic study of the flow on 836. There's no way that 836 is going to have a second floor some time soon. City ofMiami Page 85 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: Exactly. Commissioner Regalado: So what you're going to get is more gridlock, and that is one of the incentives. I mean, you know, the prices of fuel and the time spent with this transportation -- merchandising transportation to warehouses in Doral, west of the Palmetto, it's one of the things that people are considered -- Today there was a story in the paper that there was this lady that was buying this condo in Brickell because she's about to sell the house in Kendall, so that's the same scenario. It just has commercial components, so I hope that when they do this -- and if you do start working I'm sure you will --with some people to have some idea of incentive. This kind of incentive is one that is important, because for us it doesn't cost money to tell them the reality of the traffic. It's not going to get better; it's going to get worse, and so, you know. Commissioner Winton: And everyone knows it. Commissioner Regalado: And everybody -- Vice Chairman Sanchez: All right. Let's go to the presentation. Then we'll bring it back for the discussion. Ms. Gelabert: Yeah. With that -- yeah. I don't -- at this time, I just would like to have the presentation. Thank you. VIDEO PRESENTATION Vice Chairman Sanchez: Mr. Mayor. Mayor Diaz: Thank you, Mr. Vice Chairman, and thank you for the courtesy of putting this on a time certain. I guess I'll start by saying that there's one sentence that was left out of the closing of the State of the City, and that is that the purpose and the design of this Code should be not on what is forbidden, but should focus on what is desired, and I think that that's a tremendous opportunity that all of us have here. Over the last few years, this Commission has shown a tremendous amount of leadership in setting an agenda for the City ofMiami in a way that has never been set before, and as a result of that, we have a lot of people interested in the City of Miami. We have a renewed sense of people wanting to live, work and play in our City, and as a result of that, we have a tremendous opportunity, and what we're about to do here, with your approval, is create an action plan for our city; create a book that once we're gone, all of us here, we have left a legacy for future Commissioners and future Mayors, and future residents of the City ofMiami that they know exactly what is desired; they know exactly what we want our City to look like over the next 10, 20 years. This is an action plan. This is not a study that is going to sit on some shelf like so many other studies that we've had in the past. This is something that will be the framework -- that'll set the framework for what we want our City to be, and as Commissioner Winton said, this is not just about a code, per se, but this is a code that will show the relationship between a purely planning or zoning type issue as it interplays and interfaces with economic development in our neighborhoods, as it interfaces with historic preservation, a movement towards arts and culture, transportation and traffic issues that Commissioner Regalado mentioned; how our parks work in all of our neighborhoods. This is about sensible planning, smart planning, smart growth. We are very fortunate to have DPC that will be working on this. We will be designing, in my opinion, a world-class city, and it won't be designed by just the five or six of us in the administration, but we will actively engage, as the video showed, our stakeholders, our neighborhoods, our neighborhood organizations, our developers, local organizations, economic analysts, traffic consultants, traffic engineers, park consultants and everybody. This is going to be a massive effort. This will be probably the single most exciting thing that anyone of us will ever do while we're in public office. We --our City has become a world-class city, and a world-class city needs this kind of planning, so I urge all of you to City ofMiami Page 86 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 support. I want to, again, thank Commissioner Winton for agreeing to chair this effort, and I want to thank our Communications Department for that wonderful presentation. Thank you very much. Hr. Vice Chair. Vice Chairman Sanchez: Thank you. Any discussion from the Commission? Commissioner Regalado: When I was given this presentation, also I was briefed on another parallel process, is it called ER? That's the State of Florida mandate -- Hs. Gelabert: The Evaluation and Appraisal Report for the Comprehensive Plan. Commissioner Regalado: Right. Originally, you told me that it didn't had to do anything with this, but it does, in terms of looking for the public input, right? Hs. Gelabert: Yes. Ifl want -- ifl may clarify. They do have to work together. What was trying to explain is that this Miami Code would deal specifically with the regulations that today we apply in the zoning ordinance. The Comprehensive Plan deals with the land use so, yes, they're interrelated, but this presentation deals specifically with the application of the rules. Commissioner Regalado: Right. No, I'm just concerned about the public input aspect of this process, the Miami Code, right. Commissioner Winton: It will be extensive, won't it? The input. Hs. Gelabert: Yes. The public process will be extensive and, as part of this, what we are planning to -- Commissioner Winton: What in the world? Commissioner Regalado: You don't have a mike. Hs. Gelabert: Is it working? Vice Chairman Sanchez: That's to make sure everybody's up. Hs. Gelabert: Yeah. Vice Chairman Sanchez: Everybody's awake. Hs. Gelabert: Yeah. The public process will be extensive, but in addition to that we're going to go beyond what we usually have done, and what we are planning to do is be able to use the convention center, and be able to ask the consultants to setup the offices for this project at the convention, so it'll be clearly accessible to the Commissioners and the Mayor, as well as for the citizens ofMiami, so as they work, anyone will be able to come in and out and see the process, so in addition to having the meetings at the community, what we would like to be able to do is just make a place accessible for everyone to be able to come in and out, and be able to see the progress as it develops. Commissioner Regalado: That's -- the site will be the convention center? Hs. Gelabert: That's what we're planning to do. Commissioner Regalado: How many --for how long? Hs. Gelabert: The process it -- well, that one I would have to -- at least for the first year -- the City ofMiami Page 87 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 process overall, we expect it to be 24 months. Commissioner Winton: But there will -- Commissioner Regalado: In the convention center? Ms. Gelabert: Well, the details of the 24 months, I would certainly have to go back, but what our expectation is to be able to set it up at the convention center or -- and have a centrally located place accessible to everyone, yeah. Commissioner Regalado: Well, I think -- I mean, I hope that the public input is -- Commissioner Winton: It will be extensive. Commissioner Regalado: It will be extensive -- Commissioner Winton: Huge amounts. Commissioner Regalado: -- because -- Commissioner Winton: Right. Commissioner Regalado: -- I really had a bad experience on the ER thing when we did the public hearing for District 4. District 4 was totally disenfranchised from that process, as you know, because administration did not advertise, and there were only four persons that attended from the public, from the consultants. Commissioner Winton: Could I speak to that then? What -- and I would love to have the help of all of you here. I've been involved, how many now? This will be my fourth or fifth master planning effort that I've been involved in, and the public involvement process is always the most challenging because sometimes you have a ton of people out, and sometimes you have very few, and their input is crucial because you need them to buy in at the end of the day and feel like they've been a part of the issue, so what I'm going to encourage staff and consultants to do is to make sure that you all are kept apprised of schedules where we're going into your individual neighborhoods so that you know and you can help us use whatever networking you can use to get the word out. Obviously, we'll have some process that'll be ongoing that will be used everywhere, but you could also help -- and also, keep your ears open and understand, through your own contacts, whether or not you think we're really getting to people, and if we're not and you hear it, come to me; let me know and we'll make whatever adjustments we have to make, because the public input in these processes is crucially important and terribly valuable, and we don't want to miss that boat. Chairman Teele: Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you. Let me just say that this is something that we're glad that we're addressing right now. It's something that, you know, we should have addressed years ago when the City, at one time, really opened its door to development with a development summit because we were in the situation that we were in and, really, nobody ever imagined, including Henry Flagler when he got here -- he brought his railroad down here -- that the City would grow so much and, you know, one way, growth is not a bad thing. Growth is a good thing, but growth has to be done correctly, and I think that addressing it and looking at this, and introducing smart growth principals is something that's way overdue. Let me just say that this is the -- I consider this code change to be the blueprint to building a new and improved magical city, to be honest with you. If you look at what we've done in the past --and I'll tell you. I've sat here for six years, and I can tell you that I've voted on some issues, and now that look at -- and I have been City ofMiami Page 88 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 educated through the staff, you know, I think that at that time I wouldn't have made the vote that I made because see that -- I didn't see the vision that's being put forth here because, you know, I'm not the professional when it comes to this, but I'm so glad to see that we are addressing this issue pertaining to smart growth because, you know, people are out there -- and I think one of the biggest concerns was brought out when all the moratorium was put out was, one, the fear of the development coming into the City, which we rely on because of its revenue, but then taking into consideration the residents that are impacted by all of this development happening in the City. When we were addressing this issue --and I want to commend the Mayor for taking the leadership, the administrator and the City staff, and all those that are working very hard to put this together; very important to have a public input on this, and that's something that I'm glad to see that we're addressing, but let me just state one issue that we need to really focus on in this, and it's also to simplify the process. The process is a very lengthy and confusing process for developers, and when I say "developers, " I'm not talking about high-end or wealthy developers. I'm talking about the guy who wants to build a duplex -- Commissioner Winton: Right. Vice Chairman Sanchez: -- or wants to build a single home. He doesn't have a clear, transparent concept of what to do, and I think that we need to refine exactly what is it that he needs to do, so we're looking at this code change in a broader picture as to all the good things that it's going to bring the City. Is it going to control development? Yes, it's going to control development. Is it going to make our community a more well-defined, well -tuned community? Yes. Is it going to address a lot of the concerns that are being put forth by the public now on the massive growth that we've had in our City? Yes, it is, so I think it's a step in the right direction. I'm delighted. I'm supporting it a hundred percent. I was very impressed with your presentation, and with your professionalism, and I just want to let you know that I do understand some of the concerns that my colleague, Commissioner Winton, brought out, and it's the same that has been said here many times: One shoe does not fit all, and we need to address that, because you're right. I mean, one issue may have a significant impact in my district and I -- you know -- and that same issue may have a worse or even more detrimental impact in another community, so I think that we need to look at the entire community. The process is well-defined. We're going to have community input. Everybody's going to have a say as to what they want to do, and I think, at the end of the day when we make this decision and we implement this new code, it's justgoing to make our City a more well-defined, improved City that we are paving the future into building a world-class city in the years to come. Unidentified Speaker: Commissioner. Chairman Teele: Thank you. RE.8 04-00537 RESOLUTION Planning & Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING -- City Commission RESOLUTION NO. 02-19, ADOPTED JANUARY 10, 2002, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH DUANY, PLATER-ZYBERK AND COMPANY, PROFESSIONAL CONSULTANTS, SELECTED FROM THE LIST OF PRE -APPROVED TOWN PLANNING/URBAN DESIGN SERVICES FIRMS FOR THE PROJECT ENTITLED "MIAMI MASTER PLAN," INCREASING THE CONTRACT TO A TOTAL COMPENSATION AMOUNT NOT TO EXCEED $1.7 MILLION, BASED ON THE TERMS AND CONDITIONS SET FORTH IN THE PSA WITH DUANY, PLATER-ZYBERK AND COMPANY PURSUANT TO SAID RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 02-19 TO REFLECT SAID INCREASE; ALLOCATING City ofMiami Page 89 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 FUNDS, IN AN AMOUNT NOT TO EXCEED $1.7 MILLION FOR SERVICES AND EXPENSES TO BE INCURRED BY THE CITY OF MIAMI FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 311047, ENTITLED "EFFICIENCY IMPROVEMENT STUDIES," WITH AN AMOUNT NOT TO EXCEED $1.2 MILLION AVAILABLE TO BE USED IN FISCAL YEAR 2004, AND APPROPRIATING AN AMOUNT NOT TO EXCEED $500,000, IN THE FISCAL YEAR 2005 BUDGET. 04 -00537 -cover memo.pdf 04 -00537 -budgetary impact.pdf 04 -00537 -pre legislation.pdf 04-00537-psa.pdf 04 -00537 -minutes of reso.pdf 04 -00537 -certificate of ins.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, 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-04-0348 Direction to the City Manager by Chairman Teele and Commissioner Winton to reconsider the proposed venue of office space to showcase the status of the Master Plan because Coconut Grove is not a central location of the city, further suggesting the Omni building or the Manuel Artime Center. Chairman Teele: I'd like to come back to the public input process, but did you have an item you needed for us to vote on this morning relating to this? Ana Gelabert (Director, Planning & Zoning): The item, which comes right after this one, is RE.8. Chairman Teele: All right. Is there -- would you explain RE. 8? Is there a motion -- Commissioner Winton: So move. Chairman Teele: -- on RE 8? Motion for discussion by Commissioner Winton. Seconded by -- is there a second on RE 8? Vice Chairman Sanchez: Second. Chairman Teele: By Commissioner Sanchez. Would you explain, please? Ms. Gelabert: RE 8, it would increase our present contract we have with the firm of DPC, Duany Plater-Zyberk, in order to allow us the possibility of engaging their services, and for the Manager to be able to work with us and them on a contract. It would be an increase to 1.7. Chairman Teele: 1. 7, what? Ms. Gelabert: Million. Commissioner Winton: Million. Ms. Gelabert: Million dollars. City ofMiami Page 90 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: All right. Vice Chairman Sanchez: It's 1.2 and --1.2 available to be used and then -- halfa million -- not to exceed -- Hs. Gelabert: Right. Money -- yeah -- the money has already been allocated under the Efficiency Improvement Studies Fund, so the money has been allocated. Commissioner Regalado: Discussion. Chairman Teele: Further discussion. All those -- sir. Commissioner Regalado: Yes. Discussion. I just want to understand this public process. What went wrong in the public hearing in District 4 for the EAR (Evaluation and Appraisal Report). Hs. Gelabert: On the EAR, Commissioner Regalado, we're working on trying to get the meeting dates, and then we had to -- we wanted to get it on the Herald. The time -- there was a time constraint on being able to get the public hearings. We're trying to target between May and June in order to have the consultants working. They need to have a draft ready by the fall in order to be ready to submit to the Department of Community Affairs in Tallahassee around this time next year, so what we were trying to do was just trying to put it out. I think -- and there was a time constraint --with more time we probably could have done a better job on outreach. What I would suggest -- Commissioner Regalado: When -- Hs. Gelabert: -- is that I could certainly make up and have another meeting -- Commissioner Regalado: No, but when was the NET (Neighborhood Enhancement Team) office -- actually, one NET office only was notified, not the second NET office in District 4. Was it the first -- the same day of the meeting, around 10 o'clock? Hs. Gelabert: I do not have that information as to particularly the time, and I will have to assume the responsibility of what happened. It was my impression that everyone had been notified, but like I said to you -- and I -- obviously, we'll have that authorized so that we can have -- we can hold another meeting because it is an important process and -- Commissioner Winton: And this is -- Hs. Gelabert: -- make up for where we failed. Commissioner Winton: -- a different process because we're not governed by a time table related to law so, as I said, if you hear anything whatsoever about missing something, we can go back again and redo -- Commissioner Regalado: No. Commissioner Winton: -- whatever we've done, so -- Commissioner Regalado: Johnny, but I'm not talking about the time constraint. I'm talking about we set the date -- I told you do the date whatever you want; this was two weeks before. I said, do you want me to advertise? Do you want me to bring people? No, we'll take care of that. Nobody showed up because nobody was informed. There was a notice in the Miami Herald business section three days before with the five district meetings. The NET offices were not informed, and that's my point. You know, if we want public participation, let's have public City ofMiami Page 91 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 participation but, to me, it was very embarrassing, you know, it was; to have 20 people all getting paid, and only four residents. Hopefully, this is not going to happen with the Miami Code. The other thing that want to -- Commissioner Winton: I can assure you it won't. Commissioner Regalado: Well, I hope that it doesn't because this was not right. The other thing that don't understand is, is the convention center going to be like the major center for public input or working -- I mean, like a showcase of what the Miami Code will be? I just want to understand this, because we were told that the convention center was going to be closed. Ms. Gelabert: I cannot answer to the closing of the convention center, but can tell you what's the idea behind having something in the convention center. I will not be able to address to you the exact time but I can tell you what is the intention that we have. Presently, when we do the planning studies we have charettes. The charettes happen three, four days. We -- there's a building that is within the neighborhood. It's open to the public as you have come and joined us; it's also staff, it's also the residents, and everyone feels, for those three, four days, that they're open to come in. what we would like to do is extend that experience that happens in a very short time for a longer period. What we have asked and spoken to the consultants is if they can do, for this project, set their shop on this location. That would allow you to be able to be more --you know, not only for three, four days, or not only for get information and a public workshop, but actually be accessible at all times when it is convenient for you, and when it is convenient for residents so, if you will, it's an extension of what happens in charettes, three, four days, but seeing it in long-term. That's what the intensions is. Commissioner Regalado: Look, I agree. I was in the charette for the Biscayne -- Bicentennial Park, but I don't -- I still don't understand -- excuse me for not understanding -- what is the time table. You mentioned 24 months. Now, we're going to use the convention center. If we have the convention center with one event and a charette, do the people that go to the charette will have to pay parking? Is it going to be the whole center? Ms. Gelabert: There is -- Commissioner Regalado: Is it going to be one office? I don't understand that. Ms. Gelabert: The space that I'm familiar with is on the second floor, not on the ground level. Commissioner Regalado: OK. Hs. Gelabert: And the logistics of the other one -- Commissioner Regalado: So it doesn't effect the events. Hs. Gelabert: Yeah. It's on the -- the one that we've held -- Commissioner Regalado: But do the -- Hs. Gelabert: -- in the past, we've held -- Commissioner Winton: And they shouldn't have to pay for parking. Hs. Gelabert: -- workshops and charettes have been on the second floor of the convention center. Commissioner Regalado: OK. City ofMiami Page 92 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Commissioner, I haven't discussed this at all, but I did get a very, very good brief ng from the staff, and I want to compliment the Assistant Manager and yourself for taking the time to do it. I went to a public meeting -- your meeting in -- on -- I guess it was Wednesday night. Hs. Gelabert: Wednesday night, I believe. Chairman Teele: Was it Wednesday night or -- and coincidentally -- Tuesday night. It was Tuesday night. Hs. Gelabert: Tuesday, I believe, yeah. Chairman Teele: -- and coincidentally, there was a Hadley Park Homeowner Association -- and, Johnny, you need to know this. I have never walked into such a cross cutting debate about the rate of development and the type of development, and the infringement of development, as in those two separate meetings, two separate disciplines and group of people. In fact, one of the meetings was almost hostile towards the Mayor and myself. Fortunately, you weren't brought up in this Crosswinds thing, but it was just abdication, et cetera. First and foremost, there's a major concern about the rate of development in this city that's out there, and whether you believe it or you're hearing it -- Commissioner Winton: I believe it. Chairman Teele: -- it's all over and it's coming at us faster, and I think this process is going to be good, butt got to tell you. This is only in Miami, only government kind of process. The areas that really are going to have to have a lot of the analysis are the poor areas, which is Angel's district -- Commissioner Winton: And yours. Chairman Teele: -- the district that I represent, and to a lesser extent, Joe's district. Joe's got the -- you've got some of the best areas and some -- and it just seems to me that having it in Coconut Grove, which maybe from a governmental point of view sounds good, and is good and convenient, it works against the whole public process. I mean, Coconut Grove is the southernmost extreme most section of this whole city, particularly when most of the growth opportunities, et cetera, are going to be north of the Miami River, particularly in Angel's district and in my district and, again, it goes back to that only government would do something like this. Now, look, I think if you really want people from the inner city to be a part of this, you're not going to do it on Brickell; you're not going to do it on Coconut Grove, Johnny, and that's not a -- Commissioner Winton: I don't have no problem with that whatsoever. Chairman Teele: I mean, it's just -- you know, that's number one and, you know -- and then I start thinking, the Omni -- that huge Omni building there is probably as central as anyplace in the City, if you want to be -- you know, and it's not a district issue, but just center to the City. If you take -- you know, it's -- and it's a good venue, perhaps, and they've got a big school over there now. They've probably got a lot of vacant land. I mean, a lot -- Commissioner Winton: They have a lot of vacant space. Chairman Teele: A lot of vacant space that could be had cheap, cheap, cheap, cheap, cheap, but because we own the building -- Commissioner Winton: Maybe donate. City ofMiami Page 93 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: -- then all of a sudden the whole damn city has got to revolve around the land that we own, and I just don't think that really is designed to reach out and get to the community, particularly when you've got this drum beat going on right now about what the development represents. Most of Brickell and most of the Grove is already designed; it's grown, it's mature, et cetera. Where we really need to be -- I mean, ideally, what's the center -- the auditorium where we had a couple of City Commission meetings? Vice Chairman Sanchez: Artime, the Artime Center. Chairman Teele: The Artime Center would be a good location that's central, et cetera. It's in Little Havana -- I mean, but what I'm saying is I really do think we ought to be proactive in the nonverbal, and what we're doing to reach out, and I don't know -- Commissioner Winton: Hay I make a suggestion? Chairman Teele: Sure. Commissioner Winton: I think we ought to rethink -- on the basis of y'all input, I think we ought to rethink that and come back to you, and I'm not sure it should all be in one location, either, as I'm thinking, so we need to go back and rethink this piece of it, and come back to you and give you some new suggestions, and we'll debate that one more time before we make that final decision. Chairman Teele: But, Johnny, I think the whole point of this master plan is exactly where all of us are on point and in agreement with and, particularly, the fundamental structural change in the way our Zoning Code is written, going from the kinds of things that right now we have, and just changing that completely, which has nothing to do with redesigning neighborhoods and communities, and that's sort of technical, but that's very important to those of us that regulate this thing, but think we need to be very careful about how we reach out to the public and what we communicate, and I fully -- one hundred percent -- support what we're doing, and I think you've got a great consultant lined up to help us in the process, and I want to be supportive of doing this and trying to get people into the room. Hs. Gelabert: Thank you. Chairman Teele: But let me tell you, Ana. You know, the Chinese -Hispanic family, the Wong family, you know, they're just as concerned. They are terrified right now with the growth of development, and everybody's saying, Johnny, as you move things from Biscayne Boulevard, they're already beginning to come over in Little Haiti, and in the Oakland Grove -- Commissioner Winton: Right. Chairman Teele: -- Mr. Hammerstone -- Hammer -- Hs. Gelabert: Hammerstrom (phonetic). Chairman Teele: Huh? Hs. Gelabert: Hammerstrom. Chairman Teele: Hammerstrom -- was extremely vocal in the EAR meeting, and extremely concerned about the impact of the development, and extremely frustrated, Mary, that you all are not going to give him a charette, which he was -- been promised for three years, a charette. I mean, you know, these are the kinds of things that are -- that people are really concerned about, City ofMiami Page 94 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 so I think we ought to comprehend that in the way we approach it. Ms. Gelabert: Let me clarify, and I -- you know, Commissioner Winton said it, if there might be another location --maybe I wasn't clear. The public meetings and workshops will go out to the community. The idea of having a location wherever that location would be is to have like the constant of the consultants working and knowing that you could always go there anytime, but the workshops, certainly -- and we'll look for another one. I just wanted to make sure that was clear -- will be out in the community. Commissioner Winton: We're clear, but here -- Ms. Gelabert: OK. I heard. Commissioner Winton: We're clear -- Ms. Gelabert: I just wanted to -- Commissioner Winton: -- and what our task was going to be is to rethink that whole concept. I'm not sure that we ought to have one central location where the working development is displayed. I -- you know, we need to rethink that. Is there a way, for example, that we could have that same kind of thing going on -- because it's about duplication, so could we do the same Chairman Teele: But, Johnny, I --I disagree, Johnny. Commissioner Winton: -- thing in three different neighborhoods. Chairman Teele: I think you should have a permanent, standing location. I mean, just from the sake of letting everybody and the professionals come in and look -- I'm not against that. Commissioner Winton: Well, we would have that, but should we not have two other locations, or three other locations around where you have a pictorial display of the progress we're making -- Chairman Teele: Fine. Commissioner Winton: -- where people can come and -- Chairman Teele: But, Johnny, the Grove is only convenient to City Hall and the people who live in the Grove. Commissioner Winton: I don't disagree with you, at all. Chairman Teele: I mean, this is -- I mean, try to get in and out of here. Commissioner Winton: But I'm not -- Chairman Teele: This isn't discourage -- Commissioner Winton: No argument there. Chairman Teele: -- this isn't encouraging anybody to participate. Commissioner Winton: No argument. We'll come back with some other ideas. Ms. Gelabert: We'll come back. City ofMiami Page 95 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Vice Chairman Sanchez: Thank you. Ms. Gelabert: Thank you. Commissioner Winton: Call the question. Chairman Teele: On the motion, all those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed. Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Commissioner Winton: Could I take a brief moment? I'd like to recognize someone in the audience, which is my wife -- sitting right out there -- Vicky, and my niece from Albuquerque, New Mexico, who just got her degree in Mechanical Engineering, sitting right out here, Shauna (phonetic) Winton, so hello. (APPLA USE) Chairman Teele: Thank you very much. Maybe that's why you were so agreeable to rethinking it and dah, dah, dah. That means when you all leave, he's going to go back and say, hell no, I'm not moving it. It's going to stay right there. City ofMiami Page 96 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 BOARDS AND COMMITTEES BCA 04-00311 RESOLUTION Officeofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. Joe Sanchez as Chairperson of the Bayfront Park Management Trust Johnny L. Winton as Chairperson of the Downtown Development Authority Angel Gonzalez as Chairperson of the Orange Bowl Advisory Board Arthur E. Teele, Jr. as Chairperson of the OMNI Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the OMNI Community Redevelopment Agency Arthur E. Teele, Jr. as Chairperson of the Southeast Overtown/Park West Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the Southeast Overtown/Park West Community Redevelopment Agency Tomas Regalado as Vice Chairperson of the Miami Sports and Exhibition Authority Angel Gonzalez as a member of the Commercial Solid Waste Management Advisory Committee Tomas Regalado as a member of the Dade County Visitors Industry Voluntary Education Service Training Trust Joe Sanchez as a member of the Dade League of Cities Arthur E. Teele, Jr. as a member of the Enterprise Zone Advisory Council Joe Sanchez as a member of the Florida League of Cities Manuel A. Diaz, Mayor as a member of the Greater Miami Convention and Visitors Bureau Joe Sanchez as a member of the Metro Dade Community Action Board City ofMiami Page 97 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Manuel A. Diaz, Mayor as a member of the Metropolitan Planning Organization (MPO) Joe Sanchez as a member of the Miami River Commission Angel Gonzalez as a member of the South Florida Employment and Training Consortium Angel Gonzalez as a member of the Tourism Development Council Tomas Regalado as an ex -officio, nonvoting member of the Little Havana Festival Committee Joe Sanchez as an ex -officio, nonvoting member of the Miami -Dade HIV/AIDS Partnership Johnny L. Winton as Chairperson of the Coconut Grove Special Events and Marketing Committee 04-00311-memo-1.doc 04-00311-members-2.doc DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to DEFER item BC.1 to the Commission Meeting currently scheduled for June 10, 2004. Chairman Teele: All right. Now, it is customary that you have five people present when you do certain things, and so I am requesting that we defer BC.1 to the June 10th agenda, so that we don't shaft -- mistreat Commissioner Regalado. Commissioner Regalado: No, Gonzalez. Chairman Teele: Commissioner Gonzalez. Commissioner Winton: I think -- Commissioner Regalado: You already mistreated me because I don't chair any -- Chairman Teele: Is there a motion? Commissioner Winton: So move. Commissioner Regalado: Move it. Second. Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. BC.2 04-00188 RESOLUTION Officeofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF City ofMiami Page 98 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur E. Teele, Jr. 04-00188-memo-1.doc 04-00188-list-2.doc 04-001 88 -resignation -3. pdf NO ACTION TAKEN BC.3 04-00312 RESOLUTION Officeofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner At -Large Commissioner At -Large Commissioner At -Large Commissioner At -Large Commissioner At -Large Mayor Manuel Diaz WITHDRAWN A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to WITHDRAW item BC.3. Chairman Teele: Public appearances. Are there public appearances? We did want to defer one item from -- well, we should have deferrals from the regular agenda. Are there deferrals on the regular agenda? Commissioner Winton: I'd like to pull BC.3. Chairman Teele: What? Commissioner Winton: BC.3. Chairman Teele: BC 3. You mean defer it to the next meeting or pull it? Commissioner Winton: No, pull it. Vice Chairman Sanchez: BC. 3? Commissioner Winton: Yes. City ofMiami Page 99 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: What is that item? Commissioner Winton: That's the Coconut Grove -- we're going to meld a bunch of these committees into one, and that process is just about to get done. Chairman Teele: Oh, the marketing committee? Motion to -- Commissioner Winton: so that we don't-- so we don't have -- Chairman Teele: -- to withdraw BC.3 -- Commissioner Winton: So we don't have too many committees. Chairman Teele: -- from the -- are you trying to dissolve the committee? You're just -- Commissioner Winton: We're going to -- Chairman Teele: -- dissolving the discussion on it today? Commissioner Winton: We're ultimately going to dissolve --we're going to create one committee that has marketing, clean up the Grove, parking, all of that under one committee. Chairman Teele: Motion to withdraw BC.3 from the regular agenda. Moved by Commission Winton; seconded by -- Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Teele: Object -- is there objection in all in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? BC.4 04-00441 RESOLUTION Officeofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Richard Bennett, Jr. Chairman Arthur Teele 04-00441-memo-1.doc 04-00441- MEMBERS-2.doc 04-00441 - nominations - 3.pdf NO ACTION TAKEN BC.5 04-00444 RESOLUTION Officeofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 100 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 APPOINTEE: NOMINATED BY: Henry S. Harrison Miami Association of Fire Fighters Shad Fields AFSCME Local 871 (for Sanitation employees) 04-00444-memo-1.doc 04-00444-members-2.doc 04-00444 - nomination - 3.pdf 04-00444 - nomination - 4.pdf NO ACTION TAKEN BC.6 04-00445 RESOLUTION Officeofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITY AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Keri Lee Livingston Commissioner Johnny Winton Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0363 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to appoint Keri Lee Livingston as a member of the Health Facilities Authority. Chairman Teele: Commissioners, are there any Commission appointments that anybody wants to make? Vice Chairman Sanchez: Not today. Commissioner Winton: I have one. Chairman Teele: You want to make it to the Health Facilities or which one? Commissioner Winton: Yeah. The chairperson, Dr. Keri Livingston, reappoint. Chairman Teele: This is -- Commissioner Winton: The Health Facilities Authority Board. Chairman Teele: -- BC 6. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye. " City ofMiami Page 101 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 The Commission (Collectively): Aye. Vice Chairman Sanchez: Any other four fifths vote you're going to need? Chairman Teele: Are there any other four fifths votes? BC.7 04-00447 RESOLUTION Officeofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Eli Feinberg Commissioner Angel Gonzalez Bob Beamon Chairman Arthur E. Teele, Jr. 04 -00447 -memo -1 .doc 04-00447-members-2.doc NO ACTION TAKEN BC.8 04-00520 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN APPOINTEES: NOMINATED BY: Maria Dreyfus-Ulvert Commission At -Large Najib Tayara Chairman Arthur Teele Steven Bandel Mayor Manuel Diaz Edgardo Fortuna Mayor Manuel Diaz Luis Lauredo Mayor Manuel Diaz Julian Linares Mayor Manuel Diaz Rudolph Moise Mayor Manuel Diaz Luiz Augusto Rocha Mayor Manuel Diaz Dwayne Wynn Mayor Manuel Diaz 04-00520-memo-1.doc 04-00520-members-2.doc 04-00520 - Mayor Appointments - 3.pdf City ofMiami Page 102 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0362 A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to appointMaria Dreyfus-Ulvert as a member of the Mayor's International Council. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to appoint Steven Bandel, Edgardo Fortuna, Luis Lauredo, Julian Linares, Rudolph Hoise, Luis Augusto Rocha and Dwayne Wynn as members of the Mayor's International Council. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to appoint NajibTayara as a member of the Mayor's International Council. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to waive the residency requirements in Section 2-884 of the Code of the City ofMiami, as amended, as it relates to Steven Bandel and Luis Agusto Rocca as members of the Mayor's International Council. A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to waive the business requirements in Section 2-884 of the Code of the City ofMiami, as amended, as it relates to Steven Bandel and Luis Agusto Rocha as members of the Mayor's International Council. Commissioner Regalado: Mr. Chairman, just -- on the last Commission meeting, there was a Commission at large appointment for the Mayor's International Council. That appointment was Hr. Luis Vanegas. However, there was a request to change the appointment. It is in the agenda, and the name to change that appointment is Maria Dreyfus-Ulvert. Maria Dreyfus-Ulvert is a Harvard graduate. I will pass on the different resumes that this lady --she's -- Chairman Teele: She's replacing who, now? Commissioner Regalado: Luis Vanegas. Commissioner Winton: I'd like to have -- point out a couple of things. I was thinking that we ought to consider for the other at large person somebody like Marlin Hill. Now, this whole issue of balance between all of the -- between Latin American countries, and the Caribbean and -- Chairman Teele: And the world. Commissioner Winton: -- and the world is -- I mean, it's a challenge, no question about it, but to date, if you look at the appointments we've made to date, there are no African-Americans, there's no representative from the Caribbean at all, and Marlin Hill is a lawyer, is black, and he's from Jamaica, which could be an outstanding representative from the Caribbean, and we have -- we don't have anyone from Nicaragua, granted, but we have four Spanish-speaking people of the five that we've made appointments from so far, so -- and I think those four are all Cuban Americans, but it's still four Spanish-speaking people, and so the only reason -- and, Commissioner Regalado, I will go with your wishes, but I did want to make sure that we at least think about this other alternative before we vote, but since you did make the last recommendation, I will follow your lead, having had the opportunity to at least give you this City ofMiami Page 103 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 thought. Commissioner Regalado: Thank you. Thank you. Chairman Teele: What does that mean? Commissioner Regalado: It means that move Maria Dreyfus-Ulvert. Commissioner Winton: I'll second it. Chairman Teele: All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. You know, let me tell you something, one day someone's going to come up here and vote all these guys out. Commissioner Winton: They're going to what? Chairman Teele: Come and vote all of us guys out, because we really need to be a lot more sensitive to women, we really do, and we got off on a -- Commissioner Regalado: This is a woman. This is a woman. Chairman Teele: We got off on a very bad issue. Commissioner Winton: Actually, we have two women already out of the five appointments. Chairman Teele: Yeah. -- on a bad issue with the Civilian Independent Panel, and I just think we need to be mindful of that, and I want to commend Commissioner Regalado for doing that. Would you read, Commissioner Winton, the Mayor's nominees, please, that were just passed out? Madam Clerk, why don't you read them into the record. Priscilla A. Thompson (City Clerk): We have Steven Bandel, Edgardo Fortuna, Luis Lauredo, Julian Linares, Dr. Guy Rudolph Hoise, Luis Augusto Rocha and Dwayne Wynn. Chairman Teele: Is there a motion? Commissioner Winton: So moved. Hs. Thompson: Sir --I'm sorry. Commissioner Regalado: Second. Chairman Teele: Hold on, hold on, hold on. Is there a motion? Commissioner Winton: So moved. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. City ofMiami Page 104 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: All opposed? Now, on the residency requirements, how many -- what is the vote on that? Ms. Thompson: We have two individuals -- Chairman Teele: Can that be done by a simple majority or does that require four votes? Ms. Thompson: Four-fifths. Chairman Teele: OK. Commissioner Winton: Where's Commissioner Sanchez? Oh, he's here. Chairman Teele: So those two are in the package, but they still require a waiver, and I don't want to get into that. All right, and just so that it's clear, I would yield -- Commissioner Regalado, ifyou would allow me to make one appointment. Commissioner Regalado: Yes, sir. I recognize Mr. Chairman. Chairman Teele: I'm going to appoint someone from -- that was born, I believe, in Syria, and clearly has an interest in the Middle East, Najiib Tayara. Commissioner Regalado: We have a motion. Commissioner Winton: I'll second. Commissioner Regalado: Need a second. Commissioner Winton: Second. Commissioner Regalado: All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Regalado: It passes. Chairman Teele: All right. Commissioner Regalado: Back to you, Mr. Chairman. Chairman Teele: And I simply -- I also want to commend the Mayor for reaching out into the minority communities, as well as Commissioner Winton was noting the absence of African-Americans and others on it. Now, on the residency requirement, would you read into the record, please, so that Commissioner Winton can make the motion, regarding the Mayor's appointees, the two residency -- Commissioner Winton: Waiver of. Chairman Teele: -- waiver. Ms. Thompson: OK. We have -- we need a waiver of the residency for Steven Bandel and Luis Augusto Rocha. Chairman Teele: Is there a motion by -- City ofMiami Page 105 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. That item is adopted on a vote -- unanimous vote of 4 to 0. Anything else? Ms. Thompson: Yes, sir. Those same two individuals, Steven Bandel and Luis Augusto Rocha need their business requirement waiver, as well. Chairman Teele: Why couldn't we do one motion -- do both? OK. Mr. -- Commissioner Winton: So moved. Chairman Teele: Mr. Winton -- Commissioner Winton is moving it, Commissioner Regalado is seconding it, and Madam Clerk, call the roll. Explain what the waiver is, too, while you're doing it. Commissioner Regalado: Because they don't have business or live in the City. Ms. Thompson: Right. It's my understanding, these two individuals -- ifl can get my packet, please? According to the packet that we have here -- Commissioner Winton: What is that packet? Ms. Thompson: The same one you have. Mr. Bandel actually works in Coral Gables, OK, and then Mr. Rocha -- Commissioner Winton: But I thought that's --I thought this was the first waiver we did. Ms. Thompson: --works in --both of them work in Coral Gables. They don't have a business in the City ofMiami. They have their businesses in Coral Gables. Commissioner Winton: OK. Chairman Teele: All right. Commissioner Winton: So moved. Chairman Teele: We have a motion and a second. Madam Clerk, call the roll. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: We have a unanimous 4/0 vote. City ofMiami Page 106 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 DISCUSSION ITEM DIA 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00429- cover memo.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to DEFER item DL I to the Commission Meeting currently scheduled for June 10, 2004. Chairman Teele: Now, we have two or three issues from Commissioner Regalado. Update on health coverage, update on part-time, D4.3, D4.4, and D4.6, and that will pretty much get us through the remainder of the agenda. D.1, which is a budget -- which is a financial update and budget outlook. We should defer that item. Commissioner Regalado: Which one? Chairman Teele: D.1, discussion item number one. Mr. Budget Director, discussion item number 1, financial update and budget outlook. Is there anything that we need to be aware of, other than the fact that you just dropped the bomb and said that one department is already short of money for the end of the year? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Actually --yes, sir, there are some issues that need to be addressed. They are fully disclosed in this month's monthly financial, but if you'd like for me to speak to them today -- Chairman Teele: Yeah, we want you to speak to each and every one of them right now. Mr. Spring: OK. All right. Could I have one moment to get my packet from the back, if you would please? Chairman Teele: No, sir. You should be prepared. Mr. Spring: I am prepared to speak on it. In general terms, butt had some specifics I wanted to address. Chairman Teele: No, no. Take your time, and actually -- Mr. Spring: OK. Chairman Teele: -- I would much prefer that if we would put this over for the June 10th meeting, because I think all five Commissioners -- Mr. Spring: Absolutely, sir. Chairman Teele: -- really should be here to discuss anything relating to the finance and budget. I don't know if -- unless you've got something you feel that we really ought to hear now. Mr. Spring: I think it can wait until that meeting. Like I said, it has been disclosed and actually, I'll take the opportunity, when I meet with each of you, to go over the mid year to discuss that City ofMiami Page 107 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 issue at the same time. Chairman Teele: So, is there a motion to defer item -- discussion item number 1, the financial update and budget outlook to the June 10th meeting? Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 108 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 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 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 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 DISCUSSED (Minutes for ES.1 can be found under ES. 2) 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 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 City ofMiami Page 109 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 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 MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to direct the City Attorney to enter into a settlement agreement with Clear Channel. (The transcript below includes item ES. I ) Chairman Teele: Are there any other matters to be deferred or withdrawn? If not, when we come back, we'll swear everybody in, and Madam -- Mr. Attorney, would you read into the record the proper motion? Alejandro Vilarello (City Attorney): For the executive session? Chairman Teele: Yes, sir. Mr. Vilarello: This is for Executive Session Number I and Executive Session Number 2. There will be an attorney-client session closed to the public for the purpose of discussing pending litigation in the case ofMark's Classic Corporation Richard and Sunny Managan, et al, versus the City ofMiami. The session will be the first of two attorney-client sessions scheduled for this date and closed to the public pursuant to Florida Statutes 286.0118. We will convene in Commissioner Angel Gonzalez' conference room and conclude at approximately 4:30. National -- the second attorney-client session will discuss pending litigation in the case of National Advertising versus the City ofMiami, and will begin at approximately 3:25, and also in Commissioner Gonzalez' conference room; will conclude approximately half an hour after that. Both sessions will be attended by the five members of the City Commission -- Commissioner Winton: How many? Mr. Vilarello: --the City Manager -- Chairman Teele: Four. City ofMiami Page 110 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Mr. Vilarello: Four members of the City Commission, the City Manager, the City Attorney, the Deputy CityAttorney, and attorneys Carol Licko and Laurie Piechura from the law firm of Hogan and Hartson, special counsel to the City. A certified court reporter will be present to ensure that both sessions are fully transcribed, and the transcripts will be made public upon the conclusion of the litigation. At the conclusion of the sessions, the City Commission meeting will be reopened in the City Commission chambers. The person chairing the City Commission meeting will announce the termination of the session. Chairman Teele: Does it require a motion? Mr. Vilarello: No. Chairman Teele: All right. With that, we stand recessed to the executive session. We should be back in a matter of 20 to 30 minutes, I would hope. Thank you. Mr. Attorney, would you -- what is the record that we're supposed to make here? Mr. Vilarello: You simply announce the closure of both the executive sessions, and go back into the regular session of the City Commission meeting. Chairman Teele: All right. Regarding any instructions -- motion regarding instructions to the attorney -- Vice Chairman Sanchez: Mr. Chairman, I'd like to make a motion directing the City Attorney to Chairman Teele: Ladies and gentlemen, please, we need your cooperation. Vice Chairman Sanchez: -- enter into settlement with Clear Channel Advertising. Chairman Teele: Is there a second on a motion -- Commissioner Winton: Second. Chairman Teele: -- directing the attorney to enter into discussions with Clear Channel? Commissioner Winton: Second. Chairman Teele: Moved by Commissioner -- Vice Chairman Sanchez. Seconded by Commissioner Winton. Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Teele: All right. Thank you very much. City ofMiami Page 111 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 PART B PZA 04-00460 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 98-450, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE VILLA MAGNA PROJECT (F.K.A. BAYSHORE PALMS MUSP PHASE II) LOCATED AT 1201 BRICKELL BAY DRIVE, MIAMI, FLORIDA, TO ALLOW A MODIFICATON TO CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF 999 MULTIFAMILY UNITS, 209 HOTEL UNITS WITH RECREATIONAL AMENITIES, 34,975 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 1,474 PARKING SPACES AND TO INCREASE THE FLOOR AREA RATIO (FAR) BY 20%; 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 112 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04-00460 Exhibit A - 5th Modif.pdf.pdf 04-00460 Exhibit B- Corrected.pdf 04-00460 Exhibit C - 2nd Modif.pdf 04-00460 Fact Sheet - 3rd Modif.pdf 04-00460 Analysis - 2nd Modif.pdf 04-00460 Zoning Map.pdf 04-00460 Aerial Map.pdf 04-00460 PAB Reso.PDF 04-00460 Application & Supp Docs.PDF 04-00460 CC Reso 98-450.PDF 04-00460 Plans.PDF 04-00460 Legislation - 3rd Modif.PDF 04-00460 - submittal.pdf 04-00460 - correspondence gibbs.pdf 04 -00460 -Submittal -Amended Complaint.pdf 04 -00460 -Su bmittal-Analysis. pdf 04-00460-Submittal-Appl. for Amdmt. to MUSP.pdf 04-00460-Submittal-Appl. for Amdmt. to MUSP.pdf 04 -00460 -Submittal -Binder. pdf 04 -00460 -Submittal -Letter From Attny Dickman To Garcia-Toledo.pdf 04 -00460 -Su bmittal-Letters. pdf 04 -00460 -Submittal -List Of Associations. pdf 04-00460-Submittal-Mandelstam v. S. Miami Commission.pdf 04-00460-Submittal-Memo.pdf 04-00460-Submittal-PAB Minutes.pdf 04 -00460 -Su bmittal-Petition. pdf 04 -00460 -Submittal -Pinellas County v. Woulley.pdf 04-00460-Submittal-Presentation.pdf 04-00460-Submittal-Resolution.pdf 04 -00460 -Submittal -Resumes. pdf 04 -00460 -Submittal -Rinker v. City of N. Miami.pdf 04 -00460 -Submittal -State v. Goode.pdf 04 -00460 -Scrivener's Error Emails Refernece to Exhibit B.pdf 04 -00460 -Old Exhibit B.pdf 04-00460 Outside Cover.PDF 04-00460 Inside Cover.PDF 04-00460 Table of Contents.PDF 04-00460 Article I - Project Information.PDF 04-00460 Disclosure of Ownership.PDF 04-00460 Directory of Project Principals.PDF 04-00460 Ownership List Part I.PDF 04-00460 Ownership List Part II.PDF 04-00460 City of Miami Zoning Map.PDF 04-00460 Article II - Project Description.PDF 04-00460 Article III - Supporting Documents.PDF 04-00460 Minority Construction Employment Plan.PDF 04-00460 Affirmative Action Plan - Section A.PDF 04-00460 Affirmative Action Plan - Section B.PDF 04-00460 Affirmative Action Plan - Section C.PDF 04-00460 Affirmative Action Plan - Section D.PDF 04-00460 Affirmative Action Plan - Section E.PDF 04-00460 Traffic Impact Study.PDF 04-00460 Site Utility Study.PDF City ofMiami Page 113 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04-00460 Economic Impact Analysis.PDF 04-00460 Survey of Property.PDF REQUEST: Major Use Special Permit for the Villa Magna (f.k.a. Bayshore Palms Phase II) LOCATION: Approximately 1201 Brickell Bay Drive APPLICANT(S): Tibor Hollo, Member, Excel.com LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Villa Magna Project. CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to CONTINUE item PZ.1 to the Commission Meeting currently scheduled for June 24, 2004, after 5 p.m. Chairman Teele: Any other continuance, withdrawals, etcetera? Lourdes Slazyk (Assistant Director, Planning & Zoning): The department would like to request a continuance for 30 days, until the June meeting, of PZ.1, Villa Magna, in order to re -notice with some clarifying language. The applicant is here, and the objectors, they're not opposed to the continuance. Chairman Teele: All right. Would the applicant put their name on the record, and is there counsel for the objectors? Would you put your name on the record, and let's all smile? Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo with offices at the Wachovia Center. We have no objection to the request by staff. Andrew Dickman: Andrew Dickman, law offices at 9111 Park Drive in Miami Shores, representing the Mark Homeowners Association, which is directly north. The only thing we would request -- we have no objection. We would just request an after 5 p.m. time certain so that our 350 -some odd unit owners -- Commissioner Winton: Well, how about just an after 5 p.m? Mr. Dickman: That's fine. After -- as long as it's after work. Thanks. Chairman Teele: OK. Thank you, Commissioner. That's very helpful. Commissioner Winton: Because these time certains are -- Chairman Teele: They destroy you. City ofMiami Page 114 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: They don't work. They don't work. After 5 p.m. Tucker Gibbs: Tucker Gibbs, offices at 215 Grand Avenue, in Coconut Grove. I represent Topeka Holdings and other property owners and purchase -- contract purchasers at -- oh, the Jade. Thank you very much -- and we have no objection, as well. Chairman Teele: All right. Anybody else on Number I? Danny Ponce: Danny Ponce, with offices at 501 Brickell Key Drive, Brickell Key. We have no objection to moving it to the next meeting. What would be the date? Chairman Teele: June 241h -- Mr. Ponce: Thank you. Chairman Teele: -- after 5 p.m. All right, so the motion would be modified to defer to the June 241h meeting for a time after 5 p.m. Commissioner Winton: So move. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? PZ.2 04-00461 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE INFINITY AT BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 40 SOUTHWEST 13TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF 459 MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, 61,540 SQUARE FEET OF OFFICE SPACE, 6,727 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 590 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. City ofMiami Page 115 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04-00461 P&Z Dept Non -substantial Memos.PDF 04-00461 Non -substantial Modif Supp Docs.PDF 03-0188 Fact Sheet.pdf 04-00461 Analysis.PDF 04-00461 Zoning Map.pdf 04-00461 Aerial Map.pdf 04-00461 URS Traffic Report.PDF 04-00461 PAB Reso.PDF 04-00461 Application & Supp Docs.PDF 04-00461 Plans.PDF 04-00461 Legislation.PDF 04-00461 Exhibit A.pdf 04-00461 Exhibit B.PDF 04-00461 Exhibit C.PDF 04-00461 Exhibit C - Non-subtantial Modif.PDF 04-00461 Outside Cover.PDF 04-00461 Inside Cover with Photos. PDF 04-00461 Table of Contents.PDF 04-00461 Article I - Project Information.PDF 04-00461 Zoning Atlas.PDF 04-00461 Project Data Sheet.PDF 04-00461 Computer Tax Printout - Deed.PDF 04-00461 Corporate Documents.PDF 04-00461 Ownership List.PDF 04-00461 Directory of Project Principals.PDF 04-00461 Article II - Project Description.PDF 04-00461 Article III - Supporting Documents.PDF 04-00461 Minority Construction Employment Plan.PDF 04-00461 Traffic Impact Analysis.PDF 04-00461 Site Utility Study.PDF 04-00461 Economic Impact Analysis.PDF 04-00461 Survey of Property.PDF REQUEST: Major Use Special Permit for the Infinity at Brickell Project LOCATION: Approximately 40 SW 13th Street APPLICANT(S): Infinity at Brickell, LLC. APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Infinity at Brickell Project. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 116 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0360 Chairman Teele: We have a number of P & Z (Planning & Zoning) items that we'd like your cooperation in getting through with today. Madam Director, we're going to finish up the PZ items. We have the public. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. We're on -- since PZ.1 was continued, we're on PZ.2. Chairman Teele: Excuse me. Mr. Manager, is there any item you would like to take up while you're here? We realize how busy you are. Priscilla A. Thompson (City Clerk): Chairman. Excuse me, Chairman Teele. We need to swear in. Chairman Teele: All right. Would everyone that is here for the PZ items please stand, raise your right hand? If you're here to testify, please stand, raise your right hand, and repeat after the Clerk. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Hs. Thompson: Thank you. Hs. Slazyk: For the record, Lourdes Slazyk, Planning and Zoning Department. PZ.2 is a major use special permit for the Infinity at Brickell project. The project is a proposed residential development of 459 units with 590 parking spaces, with commercial space. The project has been reviewed and recommended for approval by the Planning and Zoning Department and by the Urban Development Review Board. The conditions for approval are in the development order in your package. The additional conditions that the Planning and Zoning Department is recommending in addition to the standard major use conditions is that pursuant to the traffic impact analysis review, the applicant is strongly encouraged to commit to a Transportation Control Measures Plan, subject to review and approval by the Planning and Zoning Director prior to issuance of a building permit. This— Commissioner Winton: What is that? Hs. Slazyk: This is important in cases like this in downtown that they work with our transportation to provide information on public transportation. For this project in particular, because of its location in downtown, real close to People Mover, to HetroRail, if they provide information in their lobbies and to the owners of their units, and to other tenants, it could help increase the usership (sic) ofpublic transportation and decrease the congestion on the street. Also, there was a slight modification in the plans between Planning Advisory Board and view -- regarding some of the additional issues. They got with egress -- ingress and egress there. They've been advancing the plans, you know, to begin the building permit process after they get their major use, and with some Fire comments and Building Department comments, they had to change some things in their plan slightly. However, the UDRB (Urban Development Review Board) did want the applicant to meet conditions to keep restudying their west elevation in order to match the rendering as provided to the UDRB. The west elevation, they felt, should be -- continue to work on it. That's the elevation that faces away from the bay, and that's typically where less attention is paid to elevation, so we concur with that condition and recommend approval with those conditions. City ofMiami Page 117 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: All right. Madam Attorney. Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at 1221 Brickell Avenue. I'm here today on behalf of the owner of the project, Infinity at Brickell, LLC. With me here today are two principals of the project, Joe Cook and John Yanopolous. Reinaldo Borges is the architect of record. Zack Wethington is with him, as well, from his office. Also with us today is JackAhlstedt, our traffic consultant. This particular project is located at 40 Southwest 131h Street. We think it's going to be a great project, and it's really a true project of your live and work. What it's going to do is the project has 459 residential units, and then the parking structure along Coral Way is fully -- Did I just lose that? -- with offices, so there are 63, 000 square feet of offices that are going to be -- that are totally lining the garage, so we think this is real exciting and they're marketing -- they're finding that a lot of people who want to live in the downtown area either have a --you know, would be able to walk to their offices on Brickell, or these people will have offices -- condo offices within the actual building, so this is going to cut down tremendously on traffic. They will also be providing retail at the ground floor on both sides of the street, so it's going to create a real pedestrian environment, a real urban environment for our downtown area. We think that with the Mary Brickell Village coming online, you're going to have a lot of activity between people living in these residential buildings and being able to walk to restaurants and retail within the area. In addition, they're only a half a block from the MetroMover system, and one block from the MetroRail, so there's real encouragement -- it's going to make it very easy for the people who live there to be able to use public transportation and, yes, they can easily put in notices or give some type of brochures letting everybody know of the MetroMover and the MetroRail, and the different public transportation that is available in the area. We had reached out to the community. We met with the Brickell Homeowners'Association. They also had a meeting with the Roads Association, and we met with some representatives from the South Miami Association. Those are within the immediate area, and the project's been received very favorably. We've moved along this process very smoothly. We've gone before the City's internal Design Review Board, the Large Scale Development Committee, the Urban Development and Review Board, and then we went before these homeowner associations, as well as the Planning Board, and it's been received very favorably, with recommendations of approval. At this point in time, I can turn the floor over to our architect, Reinaldo Borges, and he can walk you through the project in more detail, if you'd like, or if you have any specific questions, we're happy to answer those, as well. Commissioner Winton: I'd like to ask a couple questions. One's a question, and one's probably a comment to the Planning staff. Are y'all doing anything -- you've got a very crowded school right across the street, kind of cattycorner across the way. It's a very good school, an important school -- the only school we have in that area -- and I hope -- I don't know what you all are doing to work with them to make their life better as we move forward, but it can also -- it would clearly be a benefit to your tenants, so I don't know if y'all were doing anything to set up some reasonable term -- linkage between your development and the school or not. Have you reached out to them in any fashion? Ms. Pardo: No. We haven't had any direct communication. The project was designed, though, so that the driveways -- and I could have Reinaldo go through this in more detail -- that all the cars entering the project can either enter from Coral Way or from the street on the other side, and there is a -- it's a large area for the driveway and then getting into the garage, so they'll be no backing up of the traffic, and the cars can enter or exit from either streets, so it doesn't -- it's not required that, you know, they go only on Coral Way, which really makes it a good benefit for the project and the school, as well. Commissioner Winton: Well, I'm not going to make this a requirement, but think it's a mistake that y'all aren't reaching out to the school across the street, because I think it can be a real marketing tool for you all for your own residents, and that school needs help because Miami -Dade County Public Schools system does such a wonderful job at all of their stuff so, you City ofMiami Page 118 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 know, getting a few of the big boys in town to help adopt some of these schools that they're nearby could be a benefit to the school, to the development, to our community, to everybody, so I would hope that y'all would consider doing that. Joe Cook: We have -- Commissioner Winton: We need your name and address for the record. Mr. Cook: My name is Joe Cook, 550 Federal Highway, Fort Lauderdale. I'm CEO (Chief Executive Officer) of the company. We will reach out to the school, and it is a great benefit to our project, and we plan on doing that. It's just -- in our view, it was a little bit premature yet -- Commissioner Winton: OK. Mr. Cook: -- but we would plan on doing it. Commissioner Winton: Great. Thank you. Lourdes, here's one of my concerns on these developments, and it's lessons learned, I guess, but the new project that's almost finished across the street from them, when we saw the renderings in here that looked like a very attractive project. It's not done and it's not a very attractive project, and so, some way or another, we've got to get our system better in place so that we've got a clear view of what these elevations are, and make sure that the rendering that we're looking at here that we think we're approving, which can be a real asset to the neighborhood -- and this one really looks outstanding, but the other one across the street looked pretty good. It didn't look outstanding, but it looked pretty darn good for that particular area when it came before us, and it's finished and it --you know, those long -- those big, giant blank walls going up there right at the corner where there's high visibility, it's just -- it's awful, and I've received tons of complaints from people about that kind of issue relative to architecture, so I hope we're paying attention to that. They're doing radically different things, you know. They're lining the building; they're putting office space around there; you're doing retail, so I don't envision anything near that happening, and I'm not pointing at your project, at all, but I thought of it here as I'm looking at both of these projects and directing something to staff here so that we don't get caught in the future with projects that we think are going to be a real asset in the community and they don't -- Ms. Slazyk: Yeah -- Commissioner Winton: -- at the end of the day, they don't quite look that way. Mr. Cook: In our sales center, we have an over six foot model of the project, what it's going to look like, and it looks more spectacular in person than it does in the rendering. Commissioner Winton: Great. Hs. Slazyk: Yeah. All I can say is, back then the liners -- when the major use special permits first started -- development first started arriving in downtown, we weren't -- Commissioner Winton: Focused on that. Hs. Slazyk: -- doing the liners focused on it like we are now, and everybody is requested to do liners now, and that was one of the first ones, so that's all I can -- Commissioner Winton: Do we have opposition to this project here? Hs. Pardo: No. City ofMiami Page 119 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: No opposition? Hr. Chairman, public hearing. Chairman Teele: The public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Commissioner Winton: Move this with staff recommendations. Vice Chairman Sanchez: Second. Chairman Teele: Moved and second. Joelllaxwell (Deputy City Attorney): It's a resolution. Chairman Teele: All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? Hs. Pardo: Thank you very much. Chairman Teele: With the conditions as established. Commissioner Winton: Yes. Chairman Teele: Congratulations, counsel. Hs. Pardo: Thank you. Chairman Teele: It's a handsome building. Commissioner Winton: Very. Unidentified Speaker: Thank you. Hs. Slazyk: Since -- Chairman Teele: Who's the architect? Commissioner Winton: I'm sorry? Chairman Teele: Who's the architect? Commissioner Winton: Would you put that -- you need to put that on the record. Chairman Teele: You need to put that on the record. Commissioner Winton: He asked on the record. Put that on the record. Chairman Teele: This is your only chance to advertise. You can even give your -- Reinaldo Borges: Usually, you guys approve it unanimously like this and I never get my five minutes, but Reinaldo Borges, Borges and Associates, offices at 1201 Brickell, Suite 800. Commissioner Winton: And could I also understand who the developer is? I got the name of the City ofMiami Page 120 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 person, but -- Mr. Cook: The developer is Colonial Development Group. Commissioner Winton: And y'all are out of Fort -- Chairman Teele: You need to state your name -- Mr. Cook: My name is Joseph Cook, and the development company is the Colonial Development Group. Commissioner Winton: And y'all are out of Fort Lauderdale? Mr. Cook: Out of Fort Lauderdale, yes. Commissioner Winton: All right. Mr. Cook: Thank you. Commissioner Winton: Good luck. Mr. Cook: Thank you. Chairman Teele: Commissioner Winton, it's a very handsome building, and I think the architect should be commended for bringing us a nice product. Thank you. PZ.3 03-0188 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY RIVERHOUSE PIER I LIMITED ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED EAST COAST FISHERIES LOCATED AT 40 SOUTHWEST NORTH RIVER DRIVE AS A HISTORIC SITE. 03-0188 Fact Sheet.pdf 03-0188 Zoning Map.pdf 03-0188 Aerial Map.pdf 03-0188 Appeal Letter.PDF 03-0188 HEPB Reso.PDF 03-0188 Class II Special Permit.PDF 03-0188 Designation Report.pdf 03-0188 Q&A Historic Designation.PDF 03-0188 Legislation a.PDF 03-0188 Exhibit A Fact Sheet.PDF 03-0188 Exhibit B HEPB Reso.PDF 03-0188 Legislation b.PDF 03-0188 Exhibit C Designation Report.PDF 03-0188 Exhibit A Fact Sheet.PDF 03-0188 Exhibit B HEPB Reso.PDF 03-0188 Exhibit C.pdf REQUEST: Appeal of a Historic and Environmental Preservation Board City ofMiami Page 121 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Decision of a Historic Designation LOCATION: Approximately 40 SW North River Drive APPLICANT(S): Planning and Zoning Department APPELLANT(S): RiverHouse Pier I Limited APPELLANT(S) AGENT: Jena E. Rissman, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the decision of the Historic and Environmental Preservation Board. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on September 16, 2003 by a vote of 9-0. PURPOSE: The approval of this appeal will not result in the historic designation of the above property. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez and Vice Chairman Sanchez absent, to CONTINUE item PZ.3 to the Commission Meeting currently scheduled for September 23, 2004. Chairman Teele: OK. Now, are there any items for deferral or withdrawal from the Zoning agenda? Jena Rissman: Yes. Good afternoon, Chairman, Commissioners. Jena Rissman, 201 South Biscayne Boulevard, on behalf of PZ.3, Pier -- RiverHouse Pier I Limited. We are asking for a continuance until the September 23rd Commission meeting. Lourdes Slazyk (Assistant Director, Planning & Zoning): We have no objections. Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: All those in favor, say "aye. " The Commission (Collectively): Aye. Ms. Rissman: Thank you. PZA 04-00467 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO WAIVE 50 OF THE REQUIRED 58 PARKING SPACES AND TO ALLOW A MAXIMUM BUILDING FOOTPRINT OF 4,217 FEET, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3138 City ofMiami Page 122 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 SOUTHWEST 22ND STREET. 04-00467 Fact Sheet.pdf 04-00467 Appeal Letter.PDF 04-00467 Analysis.PDF 04-00467 Zoning Map.PDF 04-00467 Aerial Map.pdf 04-00467 ZB Reso.PDF 04-00467 Application & Supp Docs.PDF 04-00467 Plans.PDF 04-00467 Legislation a.PDF 04-00467 Exhibit A.PDF 04-00467 Legislation b.PDF 04-00467 Exhibit A.PDF Motion by Commissioner Regalado, 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-04-0361 Chairman Teele: All right. Next item. Lourdes Slazyk (Assistant Director, Planning & Zoning): Since PZ.3 was continued, we're up to PZ.4. PZ.4 is an appeal of a variance that was granted by the Zoning Board. This is an appeal in order to reverse the decision of the Zoning Board. The Planning & Zoning Department had recommended denial of the initial variance and since this is an appeal, the appellant actually gets to go make the presentation first. Chairman Teele: All right. Vice Chairman Sanchez: I'm sorry. Which one is this? Chairman Teele: PZ.4. Commissioner Winton: Yes, I think so. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, with law offices at 215 Grand Avenue in Coconut Grove, and I represent Coral View, LLC, which is also the Aston Condominiums, which is at 3000 Coral Way, and today we're here to oppose this variance because it fails to meet the standards for a variance that are in your Zoning Code, and that's basically it. Because I'm the appellant here tonight --today and Igo first, I'm going to go through the standards and explain why the applicant doesn't meet those standards, and then talk a little bit about the applicant's argument that was made at the Zoning Board. I would also like to -- I'd also like to reserve some time for rebuttal, if l might. Thank you. Looking at the Zoning Code, the Zoning Code requires an applicant for a variance to meet all the following standards, every single one of them. One, that special circumstances and conditions exist, which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. Number two, that the special conditions and circumstances do not resultfrom the actions of the petitioner. Number three, the literal interpretation of the provisions of the zoning ordinance deprives the applicants of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance, and works and undue hardship on the petitioner, and that's very important to remember that these are hardship issues. Number four, the granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands and structures City ofMiami Page 123 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 in the same zoning district. Five, the variance, ifgranted, is the minimum variance that makes possible the reasonable use of the land, building or structure, which is also critical and, number six, the grant of the variance is in harmony with the general intent and purpose of the zoning ordinance. It's not injurious to the neighborhood, or otherwise detrimental to the public welfare. The applicant -- when you look at this variance request, the applicant wants to provide absolutely zero, zero parking spaces, and is requesting a waiver, a variance of 50 of the 58 required. It means there, theoretically, eight parking spaces, but that's a credit for eight parking spaces, called a legal nonconforming credit, which I'm not familiar with, but which the Planning Department says he's entitled to. The applicant does not meet any of the six standards required. Number one, he's claimed that the landlock nature of the lot is a special circumstance. This landlock nature of the -- is shared by many other lots along Coral Way. This is a typical lot. It's not irregularly shaped. There's nothing inherent in the property that relates to the land, structure or building that is not applicable to other lots in the neighborhood. Number two, he claims that special conditions do not result from his actions because he's the purchaser of the property, and that the building existed pursuant to a prior zoning code since 1950. This applicant has purchased the property with the knowledge of its limitations. The applicant knew, or should have known, that he purchased the property -- this site could not accommodate the proposed use, which is a supper club. The special conditions, which I assume is the property is too small to accommodate this use, are the result of the applicant's actions. He could have purchased this property -- or he could have purchased another property to accommodate the use. The applicant has the ability to develop this property under the existing code. He has that right. He may not be able to put a supper club in there, but there are plenty of other uses in the Zoning Code that allow him to utilize this property and he knew it when he purchased the property. This parking request variance of almost a hundred percent is not --also not shared by other uses in the area. Now, he's going to talk to you about a parking agreement with a neighboring property owner to park in that person's lot, and that's a real concern because that's something that, legally, I don't believe you all can consider. You must apply the standards. The only way you all can consider this side agreement that he's going to present tonight -- and I present this to you -- is if he has a unity of title with that property that links that property with this property, because if you agree to this variance based on a lease agreement and the person who holds that lease cancels that lease, this man has said he will shut down his supper club. I want to see him after he invests all his money and, in one year, this gentleman, or this owner says we're not going to lease you this land, to see him try to do that. That is a problem. Now, what happens if you grant this variance? The other property owners in this neighborhood are going to pay for it, including my client. My client came in, built a parking garage for parking for his people. The problem is, is that overflow parking may end up in my client's parking garage. My client's going to be the bad guy. He's going to have to have these cars towed away. He's the one that's going to get the ire. People are going to blame him thinking these are visitors to the condo when it really is people for overflow parking for this supper club. Finally, under the law, the reasonable use of the land is that which is permitted by the Zoning Code, and this property, as I said, can be used consistent with the Zoning Code. By unleashing these cars in this neighborhood, this is certainly not the intent -- general intent and purpose of the Code, and it is not in harmony with the Code. I urge you to follow your City staffs recommendation. It's very clear. It's one for denial, and reject this application. I'd also, again, reiterate I'd like to have a couple of minutes for rebuttal. Thank you. Chairman Teele: Thank you very much. Virgilio Perez: Mr. Chairman, my name is Virgilio Perez. I'm here representing Mr. Joseph Maya, who is the property owner. I'd like to say a little thing before I start the arguments that Mr. Gibbs is doing. I'd like to say that this property has been specially designed with the vision of Coral Way as a beautification master plan and design standards, which says that at June of 2003, a place that provides a mix of living, working, shopping and entertainment in a historic and tropical atmosphere, a place that is actively lively, embracing urban lifestyle that reinforces Miami's multicultural characteristics and compliments the unique look created by the existing City ofMiami Page 124 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 tree canopy, an urban corridor which combines a variety of building heights, shapes and architectural style that has land geared for pedestrians, encouraging window shopping, outdoor cafes, restaurants, human interaction along sidewalks, plaza, open spaces, balconies and arcades; an urban corridor that connects downtown Miami deco with Coral Gables and West Miami -Dade County, a place that provides a variety of housing for all income and age groups, that provides residents and users with a variety of 24-hour service, including among others, restaurants and entertainment. This is your study, your Coral Way Study that Commissioner Regalado and Commissioner Sanchez instructed the City ofMiami to perform. We have done this according to the study, and I'd like to -- First of all, the property is located at 3128 Coral Way. The name of the restaurant that was approved as a supper club is called La Bodeguita del Medio. If you see the floor plan, which you have in front of you, we have brought in the building backwards, in order so we have pedestrian friendly association in the sidewalk, so they can walk and see the restaurant, and it will be coming down. Already this was done and approved by resolution on March 27th -- 22nd, as a supper club. At that time, we had the same problem with a variance, for a parking variance. We were instructed at that time by the Zoning Board to come back and do a -- with the duration of the property in order to have less parking that we were requiring. If you look at the property that we're talking about, the subject property's right here in Coral Way. We have office buildings, office buildings, the Museo Historico Cubano office building, (UNINTELLIGIBLE) Medical Clinic, Burger King, and in the south side, we have another office building, the Carvel and the subject property here. If you could see, next to the subject property is a tremendous lot that accommodates over 100 parking spaces, which we will be utilizing as a lease. Second thing, we have some architects office on the other side. We have other restaurants, and it comes (UNINTELLIGIBLE) all the way down. Now, Mr. Gibbs, who represents the condominium is over two blocks away from our restaurant, meaning that overflow parking is something which is very hard to do. I'd like to say something else; that we obtained the resolution in order to have a supper club. This resolution was approved by the Zoning Board. When we came back the second time to the Zoning Board with a parking variance, I'd like to read the analysis that your department did, and I'm just going to read, for the purpose of time, the second paragraph. It is found that even though the original request to waive 79 parking spaces has been reduced to 50 parking spaces the parking deficit could still have an adverse impact unless the applicant provides the required 50 parking spaces through an approved parking agreement that would prevent from the potential adverse effect of overflow parking having to accommodate on adjacent residential stores. We came back to the Zoning Board; we came back with the agreement. We did what the Zoning Board required, and the Zoning Board approved, approved this 7 to 1, the parking variance, notwithstanding that we said that we wanted to have some teeth on this agreement. We proffered a covenant. We proffered a covenant that was tied to the Certificate of Use, meaning that if we didn't have the parking spaces, my client said I will lose my Certificate of Use. Second, we said that the variance would be run with its operator; that the parking shall be only in the commercial area, meaning through Coral Way. We're not going infringing into the neighborhood, whatsoever, and that the applicant provides the required parking; without lease, the covenant will cease, so we did everything that the Zoning Board required. We came back with a lease agreement. We came back with all that, but not only that, I'd like to address now at this time whatMr. Gibbs has said about the problem that we have that we don't meet a hardship. We do meet hardship, and I'll explain in a minute why we meet the hardship. Excuse me. Under ordinance 11000 of the Code ofMiami, as amended, on Section 1903.2 -- andMr. Gibbs has read it, and I'll read it again. Under 1903.2(a), special conditions and circumstances exist which are peculiar to the land structure and says structure or building involved, which are not applicable to other land structure or building in the same zoning district. We have a peculiar situation with this property; that it's landlocked and the building does not create itself for an adaptive reuse, creating in itself a justified hardship on the property. On "B, " the special conditions and circumstances do not resultfrom the actions of the petitioner. The petitioner, my client, did not create the special conditions and circumstances, since he bought the building in the same condition that is now, and the "C, " literal interpretation of the provision of the zoning ordinance, deprives the applicant of rights commonly enjoyed by other properties in the same zoning City ofMiami Page 125 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 district, under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. This definite deprives the applicant of his right commonly enjoyed by others -- by other property owners since he's unable to create any adaptable reuse of his property and, "D, " says granting the variance requested conveys the same treatment to the individual owners as to owners of the lands, buildings, or structures in the same zoning district. Definite granting this variance will convey the same treatment to the individual owner as to other owners of other land, building, or structures that they can utilize the building as they want to. "E" the variance, if granted -- is the minimum variance that makes possible the reasonable use of the land, building, or structure. This will be the minimum variance that makes this structure and building to be able to create a reasonable adaptable reuse and, final, after the grant of this variance, is in harmony with the general intent and purpose of the zoning ordinance, and it's not injurious to the neighborhood or, otherwise, detrimental to the public welfare. Definite, the granting of this variance will be in harmony with the general intent and purpose of the zoning ordinance. The Zoning Board and this Commission have utilized this same argument that I'm saying when several parking variances have been granted to properties in the Park West area, where there was no parking available for nightclubs. They used the same position that we're using in order to create a hardship and to give this type of variance. Even that this is not the case, since this is not a nightclub, but a supper club. It has the same principles of a ructural and building hardships created when this building was only built for a specific use and cannot have an adaptive reuse. Notwithstanding that we meet the hardship, notwithstanding that we're not going into the -- infringe into the neighborhood; that we're maintaining the part on Coral Gables, that we have been approved by the Zoning Board to have a supper club, and that we have approved -- we've been approved 7 to I to have a parking variance adjacent to our building. Today, in your agenda, PZ. 25, on first reading, I'd like to read it. On 623.9, which belongs to Coral Way, and also 91h Street and Little Havana, you're doing the same thing that we're asking here. Joel Maxwell (Deputy City Attorney): Mr. Chairman, I think that comment is out of order. It's not relevant to this discussion. Hr. Perez: It is relevant, Mr. Chairman, because it's telling us exactly what the parking variance is doing. On the first reading that you're going to have, it's telling us that we can have a variance -- a parking variance of within a thousand feet of our building, which we do. Hr. Maxwell: Each item you have before you is independent of other items on the agenda, unless they are companion items, and the Commission has to consider your application independentfrom other applications. Chairman Teele: All right. The City Attorney is correct. Why don'tyou justmove along, please? Hr. Perez: OK. Chairman Teele: Thank you. Hr. Perez: Thank you, Mr. Chairman. Commissioner Regalado: But, Mr. Chairman, there is something here that needs to be clear. If we were to approve this ordinance, which was presented to us in principle because of the needs of Coral Way and Southwest 81h Street, this will have a direct impact on this issue that we're discussing; does it not? Unidentified Speaker: Yes. Commissioner Regalado: It does. Then why are we not permitted to understand one to decide in City ofMiami Page 126 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 another? Mr. Maxwell: You haven't adopted the other ordinance, Commissioner. You could approve this and not approve the other one. Commissioner Regalado: I understand that, but -- Mr. Maxwell: So you shouldn't -- that's why I said you shouldn't consider -- you shouldn't base your decision now -- if he wants to wait until you act on the other one -- but you shouldn't make your decision on that one. Commissioner Regalado: Because I want to understand because it may be a misprint here, or I don't know how to read, but in the PZ.4 background, seems to me that it says here that the approval of this appeal would reverse the Zoning Board decision, and Planning & Zoning Department recommendation and deny the variances, so what it means is that Planning & Zoning Department made a recommendation in favor of the variance. Now, here it says Planning & Zoning Department recommended denial of the variances and approval of the appeal. There is something wrong in this. Ms. Slazyk: Yeah. There -- it appears that there's a typo on the fact sheet. Our recommendation was for denial. Commissioner Regalado: OK, so -- Ms. Slazyk: Our recommendation was for denial. Commissioner Regalado: -- there is a typo. Ms. Slazyk: There's a typo. Commissioner Regalado: Let me -- Ms. Slazyk: But the Zoning Board did grant it; that's correct. Commissioner Regalado: OK, but let me say this. I sent two e-mails -- and I want -- Mr. Attorney, I want to understand ifI have this right or not, because ifI don't, I will never ask for more. I sent two e-mails requesting to be briefed by the administration in this project because it was pertaining to Coral Way. Now, never talked to the applicant, never talked to the people making the appeal, but thought that could be briefed by the administration. Mr. Maxwell: Yes, sir, that's correct. Commissioner Regalado: I never was, so you tell me ifI have the right to be briefed ahead of Planning & Zoning by the administration. Mr. Maxwell: Absolutely, sir, you do. Commissioner Regalado: OK. I'm finished, Mr. Attorney -- Mr. Chairman, go ahead. Mr. Perez: You want me to continue? Chairman Teele: Yes, please. Mr. Perez: Yes. Right now, we have -- I explained my situation. I'm sorry I can't use that PZ. 25. I'd like to have some of the people that are here in support of -- against the appeal -- I'd City ofMiami Page 127 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 like them to stand up, and I have some people who are going to speak against the appeal. Would you stand up, please? So be recognized. I'd like to have Mr. Valdes, who is a property owner on Coral Way, to come up to the microphone and -- Julian Valdes: Good evening, Chairman, counsel. My name's Julian Valdes. I'm at 3131 Coral Way, the Cuban Historical Husuem, and Mr. Maya's project is right across the way. We have various condominiums that are going up in the area, multimillion dollar behemoths, which, however you state it, are going to affect the way that we live there. I think thatMr. Maya, you know, is doing something that is progressive for the neighborhood; establishing a supper club where all these people could possibly go and eat. I've been on Coral Way and been a merchant on Coral Way for over 16 years, and have various properties on that merchant corridor, and have seen leaps and bounds by the City in the beautification of the area. I just think that having smaller places that are a little bit more individual to accommodate all this new influx of residents into the area would be beneficial, as opposed to being, you know, detrimental, so I don't quite understand why anybody's opposing it, as that condominium is like two blocks away, and there's a lot of people moving in, as you know the area, and they basically straddle both Coral Way and 23rd Street, so as a local merchant and as a local property owner, I beg you to consider his plan because I think it will be very beneficial to the area. Thank you. Hr. Perez: May I call Arsela Rios, please? Hr. Maxwell: Translator's coming up now. Arsela Rios (as translated by Ondina Suarez, official Spanish interpreter): Good afternoon. My name is Arsela Rios. I am a political prisoner, ten years in the jails -- in Castro's jails, and as a Cuban, I am an American citizen, however, I don't speak English, but I do look for votes, though. I'm here because I feel very happy that the Bodeguita del Medio from Cuba in the old Havana, which is everywhere, except in Miami. I have an enormous satisfaction, so do all of the Cubans will also be having once they know that they've opened a La Bodeguita del Medio. I thank all of you, and I ask god that he be with you and that he guide you all, and that soon Cuba will be also free, but we'll be leaving the Bodeguita del Medio here in Miami and it will be hailing to the Bodeguita del Medio in Havana. I love you all and god bless all of you. OK. Thank you. Hr. Perez: I just have one final speaker, Reverend Fermin Castanedas, please. Reverend Fermin Castanedas (as translated by Ondina Suarez, official Spanish interpreter): Good afternoon. I am Reverend Fermin Castanedas. It is for me a privilege to be here with all of you, and you know how well our roots have for so long remained here in Miami. I think an establishment of this type will be something very looked forward to. As a consequence, not only to be able to maintain those roots of our here, but believe it will also bring a better economy to the area, and a lot of people will receive the benefits of the economy improving in the area. I think a business of this type -- healthy -- where a lot of us will sometimes go there to take our family members, should be increased not only here in the area ofMiami and Coral Way, but in all ofMiami, where one could healthily go and participate not only of the foods, but also of the family. I hope that you will all consider this a very important part as in the same way we go to the temples to feed our spiritual side, there are also places where we need to go to feed ourselves physical. God bless you all. Thank you. Hr. Perez: Thank you, Mr. Chairman. I just want to conclude that we have established a restaurant with the vision of Coral Way. We have established a family oriented restaurant that is in great need in the City ofMiami. We're losing a lot of business to Coral Gables. We have established something which is pedestrian friendly, not only that, we have established that we do have hardship, and that we have concluded and agreed with the Zoning Board, which gave us our decision, 7 to 1. We have parking adjacent to a restaurant, with a continuous lease, and we urge you to vote against the appeal. Thank you very much. City ofMiami Page 128 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: All right. Thank you very much. We particularly thank the father for coming out today. We think that's -- the translator's so busy she won't translate, butt was saying that we particularly thank the father for coming out and taking time from his schedule to join us. Thank you for being here. Hr. Gibbs: Tucker Gibbs, brief rebuttal. The issue here is basic. It's the standards, and the bottom line here is that they do not meet all the standards. Definition of a hardship is you must not have any --any reasonable use of the land. That's what it says. That's the bottom line on granting a variance. This city has been in court on that issue. The VISKATRAN case is clear. The Third District Court ofAppeals has told the City ofMiami that it must meet every single one of these standards, and your City Attorney will tell you that those cases, Herrera versus the City ofMiami, the court specifically said, when you deal with the zoning variances, in the City of Miami, you must look at all of the standards; they must meet all of the standards. As long as this property can be used for anything within the zoning category, which is C-1, he cannot get a variance. It's a matter of law. Thank you. Chairman Teele: Thank you. The public hearing -- Eddie Borden: One more. Chairman Teele: Be careful, sir. Are you speaking in favor of the -- Hr. Borden: Against it. Chairman Teele: You're speaking against the variance? Hr. Borden: Yes. Chairman Teele: OK. No problem. You're here at the right time -- right place, a little bit late. Hr. Borden: I just wanted to be on record. My name is Eddie Borden. I live at 3121 Southwest 21st Terrace, which is just one block north of Coral Way, and I don't think we need another supper club there, and it might turn out to be a nightclub, with all kinds of people walking around the neighborhood and creating problems for everybody, and I just want to be on record that I am against it, and all my neighbors are against it, but I don't know where they're at today, so I thoughtl'd come up and say hello. Thank you. Chairman Teele: Thank you very much for coming. Anyone else want to be heard -- Commissioner Winton: And I like your cap. Chairman Teele: -- in opposition? Sir, Commissioner Winton likes your cap. Commissioner Winton: Go 'Canes. Hr. Borden: I've got an extra one at home. Chairman Teele: Is there anybody that wants to recognized to rebut. Hr. Borden: (INAUDIBLE) Chairman Teele: All right. Good, so the public hearing is now closed. Commissioners, what is your pleasure? City ofMiami Page 129 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: I have several questions. Question -- There is a supper club -- a nightclub on Southwest 32nd Avenue and 23rd Street, about two blocks away from that site. That nightclub -- supper club does not have any parking at all. It has a valet parking and they valet throughout the neighborhood. Could I ask the Planning Department why that supper club was ever granted a license; no off-street parking, no substitute parking, no parking at all. Hs. Slazyk: Without looking into it, we'd have to get the address and look up and see when they got their approval. I can't answer that at the moment, but we can find an answer. I just -- without looking at and knowing when they were approved, I don't know under what circumstance. Commissioner Regalado: OK. The other issue is, why are we voting tonight on this waiver of parking for corridors like Coral Way and 81h Street? Hs. Slazyk: Well, we're not up to that item yet, but that item is an amendment to the ordinance that would allow for adaptive reuse reductions, not a full waiver to zero, so, you know, just -- even if that ordinance were in place today, this applicant would probably still need a variance. It would not allow a full reduction to zero. It's just -- it's a small reduction to allow adaptive reuse on some of these older commercial corridors. Commissioner Regalado: But, tell me, Lourdes, philosophically, why was it done? Why would the administration bend the rules and recommend waive some parking? Hs. Slazyk: OK. On Coral Way, 8th Street and within the Little Havana area, most of the buildings there that were built were built before parking was required. They were built as retail. They're grandfathered in only as retail. In order for them to convert as adaptive reuse to cafes and restaurants, and food establishments, they have to find parking, and they can't because they're buildings that were build on sites lot to lot, you know, line, and there's no way to convert, so they're forever condemned to be retail, and they're not going to promote the kind of pedestrian activity we want in these areas without finding a way to do some kind of a break on parking. Some properties would be able to provide some, or be able to find some off-site parking, but allowing small reductions would allow some of these conversions, and we see this more and more everyday. Without it, what happens is the properties really don't get used for a whole lot. Somebody else buys them, aggregates them with other land, and big projects come in, and you're kind of losing some of that urban fabric on these streets that's historic, so this is a way to kind of encourage some adaptive reuse to restaurants. Commissioner Regalado: Right. On the plan -- the beautiful book that we had about two years ago about Coral Way, the master plan for Coral Way, were restaurants recommended? Hs. Slazyk: Anything that promotes pedestrian activity, and restaurants do that. Commissioner Regalado: OK. We have seen two new restaurants only in Coral Way, so restaurants are part of the vision that we have for Coral Way. Hs. Slazyk: Restaurants and cafes are definitely a part of the vision. Commissioner Regalado: OK. Now, how do we make sure that this restaurant does not use either 21st Terrace or -- are they going to use valet parking? Hs. Slazyk: I'm not sure if they are because what we were reviewing was a request for a City ofMiami Page 130 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 variance. They've come back and offered to the Zoning Board that they have this off-site parking, and they're going to use it, and they've got a lease for some off-site parking, but that was not part of the application because off-site parking is a different part of the Code. Commissioner Regalado: OK, so -- but off-site parking is permitted, right? Ms. Slazyk: Off-site parking is permitted within our Zoning Code for only 25 percent of the required parking. They have more than 25 percent that they want to do under this lease agreement, so they had no choice but to request a variance because they couldn't meet the 25 percent limitation. The new ordinance -- and, again, that's not relevant to the variance -- but it's got -- Commissioner Regalado: It is relevant. Ms. Slazyk: --it's got a provision for off-site, you know, which --you know, if they were to want to wait, they may be able to take advantage. There might still be a variance request, but maybe it would be smaller. I don't know, but right now, they're requesting a variance because the 25 percent off-site was not something they could work with. Commissioner Regalado: Well, suppose that this ordinance about the reduction is not approved. That would create a real problem for future restaurants in Coral Way, and in Southwest 8th Street. Hs. Slazyk: As adaptive reuse, it's been a problem. That's why we're proposing the ordinance. It's been a problem. Commissioner Regalado: That's what I'm saying. Hs. Slazyk: Yes. Yes, it is. Commissioner Regalado: If it's not approved, it would probably kill future restaurants in Coral Way. In Coral Way that know -- Commissioner Winton: And 8th Street. Commissioner Regalado: -- and the 8th Street that I know, there is only one restaurant in the west of 27th Avenue that has on -street -- on-site parking -- Hs. Slazyk: Parking. Commissioner Regalado: -- which is La Casona, and it's now a restaurant. The other structures do not have parking, at all. Hs. Slazyk: Yeah. The biggest problem, like I said, is when you've got an old retail store that now somebody wants to come in and convert it to a restaurant, and that store or that building was built without parking or very little parking. That's where the issue came up. Commissioner Regalado: OK, so the -- again, we come back. How --and this is probably for you, Mr. Perez, how we can make sure that there will not be an overflow of parking in the residential area? Hr. Perez: Mr. Commissioner, we're planning to --I mean, we're going to have valet parking right there, and we're required to have 50 parking spaces on the least, which we have more than enough, and I know that we don't have to take care on this ordinance, but this ordinance, if we do that, it only requires us to have 37 parking spaces and we are willing to proffer a covenant City ofMiami Page 131 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 that's going to be tied up with a certificate of use that if we don't have the 50 parking spaces, we won't have the restaurant. We know we have the lease, and we're willing to do that. We want to give the City ofMiami also the teeth to say, "Hey, you have said that you're going to do it. We can help you out, but we still want it comply with all the zoning requirements. " We're going to have valet parking and we have the adjacent parking space that you see in the map. There's plenty parking spaces there, and we're just abutting to it. It's not even -- Commissioner Winton: What's the term of the lease for the parking space? Mr. Perez: It's a renewal -- yearly renewal lease with increases and all that. It's in your package. Commissioner Winton: It's an annual lease? Mr. Perez: It's an annual with yearly renewal increases. Commissioner Winton: So, you're willing to put your restaurant at risk for all the improvements you're going to make, and willing to give up your Certificate of Use if your lease is cancelled for parking in 12 months? Mr. Perez: I believe that the owner is planning to buy some properties there in order to accommodate. That's why, when we proffered the covenant, the -- when the Zoning Board gave us the parking variance, it says there also that if we provide the parking spaces, we don't need the covenant. Commissioner Winton: If you provide the parking spaces where? Mr. Perez: The 50 parking spaces. The owner is trying to buy some properties in the area in order to provide the parking spaces. Commissioner Winton: If the -- Ms. Slazyk: Then the covenant could be released, because it wouldn't be necessary. Mr. Perez: Exactly right. Commissioner Winton: Because they would own their own parking? Ms. Slazyk: Correct. Mr. Perez: That is correct. Commissioner Winton: Interesting. Vice Chairman Sanchez: Mr. Chairman, ifl may. This is -- Chairman Teele: Vice Chairman Sanchez. Vice Chairman Sanchez: This is a perfect example of the items that we continue to debate here, reference parking in our community. We have a lot of -- as a matter of fact, this ordinance that - - PZ.27 that's going to be heard today, based on the need of parking of many businesses that don't have the adequate parking, and the process itself, these businesses that are opening up, which, you know, I could -- I support new businesses in our community because they provide jobs. These older established businesses don't have the required parking. What we're doing is we're assisting them to somehow come up with the additional parking to make sure that they're City ofMiami Page 132 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 able to open their doors. I'll give you a perfect example right now. There are numerous businesses out there that don't have that -- all the parking requirements that they have, but still, they're in operation because they're grandfathered in or whatever. If you look at the businesses, especially on Coral Way and 81h Street -- in this ordinance, a conditional parking reduction, it focuses only on a certain percentage, not the entire parking needs of a business. Now, having said that, the last time that we did a study in my district and -- although you're outside of my district --I consider parking a city problem, not a district problem. Off -Street Parking did a study and came back, and the recommendation was shared parking. It was shared parking because land acquisitions were getting too expensive, and people are doing that. Businesses, especially restaurants, are coming up with leases and working with businesses that close after 5, and they're renting, and that's a trend throughout the United States nowadays in major cities, but I could also seethe downside of this, and we're seeing it indifferent places. We're seeing it on Coral Way already, businesses that don't have enough parking and they're parking in residential areas; we're seeing with Miami -Dade Community College on 27th Avenue and 8th Street, and those are issues that I'm having to deal with as a Commissioner, trying to please the business sector and the residentials to find a solution to the problem. Now, if you would have a lease and you would proffer a covenant saying that you do have parking, that would make my decision much easier today. If you didn't provide a covenant or you didn't have a lease in place, then I'm going to be very honest with you. I don't think that can waive entire 50 to 58 parking spots. Mr. Perez: Commissioner, we did proffer a covenant. We did proffer a covenant for 50 parking spaces. We do have a lease. Vice Chairman Sanchez: I don't think the City's gotten that proffer. It's not -- Ms. Slazyk: Well, let me just put, for the record: Proffered covenants are something that usually come with zoning changes because you can't put conditions on zoning changes, but this is a variance, and if you find that there is hardship, you could grant the variance with conditions, and if they don't comply with the conditions, you can rescind the variance. It's a little simpler than a covenant. You can condition this. A proffered covenant just maybe gives a little more weight, if a covenant is turned into the City. You could require that they give us the covenant and condition that they have to keep a lease or the use, you know, goes away. Vice Chairman Sanchez: I think he stated that all along, that he's willing to provide -- Ms. Slazyk: The proffer, right, but this isn't an ordinance with two readings. I mean, we haven't had a covenant reviewed by the Law Department or anything, so I mean, if the Commission were to want to see a covenant, you could continue this so we can see a covenant, or just put conditions on your approval if you find that there is hardship. Commissioner Regalado: Mr. Chairman. So, Mr. Attorney, ifl do want to make a motion and the motion, being a resolution, is to deny the appeal and approve the variances, with the condition that they have certified parking that will run along with the variances. In case that they do not have the parking, they can lose the variance? Mr. Maxwell: Yes, sir. Commissioner Regalado: OK. That would be my motion, Mr. Chairman. Chairman Teele: All right. We have a motion. Vice Chairman Sanchez: I would second it, but before I second it, Mr. City Attorney, would that be a legal motion? Mr. Maxwell: Yes, sir. City ofMiami Page 133 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Vice Chairman Sanchez: It would? Mr. Maxwell: Yes, sir. Vice Chairman Sanchez: Then I second the motion. Chairman Teele: All right. Commissioner Winton, discussion, no discussion, some discussion? Commissioner Winton: Just briefly. I think -- you know, this is clearly the dilemma. Joe said it already. This is a dilemma that we face allover the place, and I think that --I've got to give these folks credit. We do want restaurants, cafes, those kinds of things. I think we don't want nightclubs, so I -- we haven't had that discussion yet about what's really going into this thing, and I think that Commissioner Regalado might be interested in hearing that answer. You know, a nightclub is very different than a restaurant or a cafe. Brings a whole different set of issues to the table. Mr. Perez: Commissioner, this is not a nightclub. This is a supper club, a family-oriented restaurant. Commissioner Winton: Great. So, I think that they've done an outstanding job of trying to figure out a way to bring the kind of pedestrian environment we're looking for, and they're doing two things or three things: One, they've got a lease on the adjacent piece of property to meet their parking need; they're offering a covenant that think we have to weave into this, technically, legally and make sure we get that, that says that they're going to give up their Certificate of Use if they lose their parking, and thirdly, they're working on a long-term plan to solve their parking problem, so that's the kind of creativity we need to rejuvenate areas like -- look, the alternative is that you struggle to make this thing work as retail, which is going to be a struggle, and the same struggle in other parts of Coral Way, the same struggle on Southwest 81h Street, or it becomes part of an assemblage where we end up with these big buildings that we don't really want on some of the corridors, so I think that, from my view, if we're not violating our own code -- and that's something that the lawyers have to figure out -- but from my view, I think this is a very intelligent, creative approach to solving the problem that we might want to encourage others to look at, so I'm in favor. Vice Chairman Sanchez: All right. Chairman Teele: All right. Mr. Maxwell: Just for the record, just so we're clear, the applicant did proffer a covenant, which we have not reviewed, but it could be subject to our review of such a covenant, and from what understand from the two Commissioners that have spoken -- well, three Commissioners have spoken on this issue -- one, it would be a covenant -- you're proffering a covenant that would be tied to the parking and your Certificate of Use should you lose that parking; is that correct? Mr. Perez: That is correct. Mr. Maxwell: And Commissioner Sanchez also talked about the lease agreement as a condition of the variances, as well. Ms. Slazyk: Of the variance. Mr. Maxwell: So there are two things: One, you have the conditions that would be in the variance that will require and mandate the parking, and second, you will have the covenant, which you're going to proffer voluntarily, which would do somewhat the same thing, correct? City ofMiami Page 134 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Mr. Perez: I understand. It's sort of the same thing, but one is a covenant and one is the lease which we have. Mr. Maxwell: And we could go into court on the covenant, should you lose your parking, and I would suggest also, Commissioners, that it contain provisions that say that the lease agreement must be a valid lease, obviously, at all times acceptable to the City. Mr. Perez: That lease agreement was already given to the Zoning Board attorney, and he had reviewed that, Mr. Whitman, I believe. Mr. Maxwell: I mean, the lease should always be --you'd have to show us at all times that you have a lease. Mr. Perez: Oh, no, I -- no, I understand, I understand. Ms. Slazyk: The only thing that would add is that the covenant be reviewed and approved by the Law Department prior to them getting a CU (Certificate of Use), just to make sure that that is done and in place before they actually get the CU. Commissioner Regalado: But are we not doing the variance with conditions? Ms. Slazyk: Yes. Mr. Maxwell: Yes, sir. Commissioner Regalado: That's the important part. Mr. Maxwell: It's there. That's correct. Commissioner Regalado: The covenant is not the important part. Ms. Slazyk: The covenant could be released should they obtain permanent parking of their own. Commissioner Regalado: No, no. What Joel and Johnny and I, we were discussing, is that this goes as a condition of the variance conditions because, you know, covenants are very nice and sounds nice, but as of today, the parking and the exit to 22nd Terrace -- by the way, next to the Aston building is still open. It's been a year, and the covenant called for not exit on 22nd Terrace, so the variance -- I'm talking about the variance, the conditions to have this variance is to have the parking, plus the lease active all the time; is that correct? Mr. Maxwell: Yes. Ms. Slazyk: Not accepting the covenant. Commissioner Regalado: Then the covenant --I mean, you can proffer voluntarily because the City does not have the ability -- Mr. Maxwell: To require that. Commissioner Regalado: -- to defend a covenant or the will. Vice Chairman Sanchez: Call the question. Ms. Slazyk: I guess, are you accepting the covenant or you just want the condition? City ofMiami Page 135 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: Well, you know, covenant is nice. We can hang it in the wall and all that, but remember 22nd terrace. Ms. Slazyk: Yes. Mr. Maxwell: Yes, sir. Ms. Slazyk: With the condition, you can rescind in they don't comply. Commissioner Regalado: Exactly, so that is the condition. Vice Chairman Sanchez: Mr. Perez, are you in agreement with those conditions? Mr. Perez: Yes, Commissioner. Vice Chairman Sanchez: Call the question. Chairman Teele: Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. Commissioner Winton: Yes, with covenant and conditions. Mr. Perez: Mr. Chairman, may I clarify? Are we going to have a covenant, conditions or what? Ms. Slazyk: Both. Chairman Teele: Madam Director, Mr. Attorney. Commissioner Winton: Sounds both. Chairman Teele: Mr. Attorney -- Commissioner Winton: Sounds like -- Chairman Teele: Mr. Attorney, did you hear the question? Commissioner Winton: Sounds like both. Mr. Maxwell: I was -- no, I'm sorry. Mr. Perez: Are we going to have the conditions only or the conditions and the covenant? Mr. Maxwell: That's up to the Commission. My understanding -- Commissioner Regalado: The conditions and the covenant. Mr. Maxwell: My understanding was that -- Commissioner Winton: Both. Mr. Maxwell: -- both are there. Mr. Perez: We don't have a problem. We don't have a problem. I just want to make sure what City ofMiami Page 136 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 we have to do. Commissioner Regalado: The conditions and the covenant. You know, the covenants, we put it in a drawer. The conditions, that we enforce. Mr. Perez: No, no. Commissioner Regalado: The conditions, that we enforce. Mr. Perez: I understand, Commissioner. I just wanted to make sure I under. Mr. Maxwell: Well, I think, what the Commission -- the proper terminology is that they have placed the conditions in the variance and they have accepted your proffer. Mr. Perez: OK. Thank you, Mr. Chairman. Thank you, Commissioners. Thank you. Vice Chairman Sanchez: Thank you. PZ.5 04-00450 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED BETWEEN NORTHWEST 20TH STREET AND THE MIAMI CANAL, WESTERLY OF NORTHWEST 27TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-00450 Fact Sheet.pdf 04-00450 Plat & Street Cmte Recomm.PDF 04-00450 Public Works Recomm.PDF 04-00450 P&Z Dept Analysis.PDF 04-00450 Zoning Map.pdf 04-00450 Aerial Map.pdf 04-00450 ZB Reso.PDF 04-00450 Applciation & Supp Docs.PDF 04-00450 Legislation.PDF 04-00450 Exhibit A.PDF 04-00450 - submittal - 10.pdf 04-00450 - submittal.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: An Alley Located Between NW 20th Street and the Miami Canal, Westerly of NW 27th Avenue APPLICANT(S): Rollins, Inc., Owner and Aguaclara, Ltd., Contract Purchaser APPLICANT(S) AGENT: Anthony L. Recio, 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 5-1. City ofMiami Page 137 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 8-0. PURPOSE: This will allow a unified commercial development site. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to CONTINUE item PZ.5 to the Commission Meeting currently scheduled for June 24, 2004. Chairman Teele: All right. Next case. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is an official vacation enclosure of an alley located between Northwest 20th Street and the Miami Canal, westerly of Northwest 27th Avenue. It's been recommended for approval by Public Works, Planning and Zoning, Plat and Street Committee, and the Zoning Board also recommended approval. This is a component of a project that was already approved. Chairman Teele: All right, now. Whose district is this? Is this Angel's district? Commissioner Regalado: Angel. Chairman Teele: Madam Director -- Public Works Director, have you conferred with the district Commissioner? Stephanie Grindell: Stephanie Grindell, Director ofpublic Works. The Planning Department did speak with Frank Balzebre. I mean, Frank Castaneda. Chairman Teele: What was my question? Ms. Grindell: If the Commissioner was contacted? His office was. Chairman Teele: All right. At your peril, if there's a problem, let it be clear that you're the person we're hanging our hat on. Ms. Grindell: OK. Chairman Teele: All right. Commissioner Winton: But it's not very smart. Chairman Teele: Yes, sir. Tony Recio: Good afternoon, Mr. Chair, members of the Commission. My name is Tony Recio, with law offices at 2665 South Bayshore Drive, here in Miami, Florida. Chairman Teele: Very good. Madam Director, what's the recommendation? Ms. Slazyk: The recommendation is for approval. It went before the Zoning Board. It was recommended for approval by 8/0; recommended for approval by Plat and Street, Public Works and the Planning and Zoning Department. Chairman Teele: Is there anybody here in opposition? Come right forth. Tucker Gibbs: Yes. Tucker Gibbs, law offices at 215 Grand Avenue. I'm representing the Miami City ofMiami Page 138 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 River Marine Group and Bow Payne (phonetic). Chairman Teele: Fall have a resolution on this? Mr. Gibbs: I'm sorry. Fran Bohnsack just left, butt was -- I had been retained by them as their attorney. I appeared in front of the Zoning Board. I don't have a resolution, no. Chairman Teele: And what is your objection? Mr. Gibbs: The objection -- our objection is basically that this alleyway abandonment allows the construction of a much larger building than would otherwise be allowed on this property. Vice Chairman Sanchez: Move to defer. Ms. Slazyk: Yes. Chairman Teele: Motion to defer is in order. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say -- Ms. Slazyk: Can we have a date certain ofJune 24th? Joel Maxwell (Deputy City Attorney): To June -- Chairman Teele: Yes, ma'am. Vice Chairman Sanchez: (INAUDIBLE). Commissioner Winton: Yeah, because we need him here. Chairman Teele: All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: I apologize, sir. I -- Mr. Recio: That's OK. Thank you. Chairman Teele: All right, and you all need to have a resolution on stuff like that. Mr. Maxwell: (INAUDIBLE). PZ.6 04-00182 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 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 City ofMiami Page 139 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 EFFECTIVE DATE. 04-00182 SR Fact Sheet.pdf 04-00182 Analysis.PDF 04-00182 Land Use Map.PDF 04-00182 & 04-00182a Aerial Map.pdf 04-00182 PAB Reso.PDF 04-00182 Application & Supp Docs.PDF 04-00182 SR Legislation.pdf 04-00182 FR Fact Sheet.pdf 04-00182 FR Legislation.PDF 04 -00182 -Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 719 NW 13th Avenue APPLICANT(S): Alonso &Alonso Enterprises, Inc APPLICANT(S) AGENT: Chad Williard, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID 04-00182a. PURPOSE: This will allow a commercial development site. Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez 12538 Chairman Teele: All right. Next item. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 6 and 7 are second readings of land use and zoning change for property located at 719 Northwest 13th Avenue. PZ.7, with the zoning change, the City Commission accepted a voluntarily proffered covenant at first reading. It's been received by the City and recommended for approval. The Commission approved this on first reading April 22, 2004, and again, the covenant would go with PZ. 7; 6 is the land use change. Chairman Teele: All right. Dr. Leonardo Alonso: Hello. I'm Dr. Leonardo Alonso. I own this property on 719 Northwest 131h Avenue, and -- Commissioner Winton: Do we have opposition, Mr. Chairman? City ofMiami Page 140 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Yes. Commissioner Winton: Is there opposition? Chairman Teele: No, sir. Commissioner Winton: Could we -- Chairman Teele: You've done a good job. Public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Vice Chairman Sanchez: So moved. Commissioner Winton: Second. Chairman Teele: Is there objection? 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, 4/0. Dr. Alonso: Thank you. Ms. Slazyk: PZ.7 is the companion -- Vice Chairman Sanchez: Doctor, you should have been an attorney. Dr. Alonso: I should have been. City ofMiami Page 141 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 PZ.7 04-00182a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez 12539 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 is the companion zoning change, and this is the one where you would accept the voluntarily proffered covenant. Chairman Teele: All right. Public hearing. Any persons desiring to be heard should come forward. The doctor's leaving already? Is this companion to that? Ms. Slazyk: I don't know if he knew that. Commissioner Winton: No. He's a doctor. He's not a lawyer. Chairman Teele: I would have said he left a scalpel in the -- that's a bad joke, so I won't even say that. Vice Chairman Sanchez: So moved. Chairman Teele: All right. Public hearing is closed. Moved by Commissioner -- Commissioner Winton: Second. City ofMiami Page 142 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: -- Vice Chairman Sanchez, second by Commissioner Winton. The Ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. PZ.8 04-00181 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 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 04-00181a. PURPOSE: This will allow a commercial development site. City ofMiami Page 143 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez 12540 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 and 9 are also second reading companion land use and zoning change. This is for the properties at 5808 Northeast 41h Court and 454 Northeast 58th Street. This is the pump house property, and I -- there seems to have been some confusion with some of the neighborhood as to whether this application included the old Women's Club building. It does not. The -- in the back-up information to this document, because one of the subject properties is owned byHark's Classic Corp, which is also owns the Women's Club, and the warranty deed for it shows both properties, I think some people misunderstood that that property was also being changed zoning here and it is not. This application is for the pump house property and the Mark Soyka property owned -- right next door to it, but it does not include the property on the Kubik site, which is the Women's Club, so let me clarify that for the record, because the warranty deed did show that legal description. That is not changing tonight. Commissioner Winton: Got it. Public hearing part. Ms. Slazyk: And this is also one where the Commission accepted on first reading a voluntarily proffered covenant on PZ.9. It's also been reviewed by staff and the Law Department for approval. This is where they proffered to go through the historic designation process for the pump house. Augusto Maxwell: I'm available to make a presentation, if you deem it necessary. Otherwise -- Chairman Teele: Counsel, it's always necessary for you to state your name, your address, the name of your clients and your case. Mr. A. Maxwell: That's right. My name is Augusto Maxwell, with law firm ofAkerman Senterfitt I Southeast 3rd Avenue, Suite 2800, here on behalf of Sabrina D'Eca, and I would -- apparently, we may have some speakers on the item, and why don'tI allow them to speak and I'll address their concerns. Judy Clark: Maybe the Commission would allow me to speak. This is Judy Clark, 5930 North Bayshore Drive, Morningside. As you all know, the Upper Eastside has been besieged recently with innumerable new developments and zoning change requests. Each time one of these comes up, it's like a small chip in our neighborhood. There's still no master plan in place and each time something happens, the citizens have to come down here, trying to protect ourselves one tiny little chip at a time. In this particular area, there is only residential zoning and office zoning. There is no commercial zoning. This is one tiny little spot, granted, but next door to it are two parking lots, and next door to the two parking lots is a -- currently a -- it used to be an accounting firm. It's an office building, so my contention is that each time that you put one of these chips before us and up zone it so that some commercial enterprise can come in right next door to a residential apartment building, that it's detrimental to the neighborhood as a whole. I think if there's any kind of zoning changes, you should consider the zoning that exists there now, which is not commercial zoning. Since there's no -- since there continues to be no master plan in place, it seems to me that this would be the thing that we should have, is a master plan in place and stop making the neighbors have to comedown here one tiny little piece at a time. I've been down here like 20 times already this year. You're building in downtown a tremendous amount of buildings and changing the zoning. You've changed the zoning in Edgewater; you've changed the zoning in Coconut Grove. I don't know why you can't just leave the poor 50 little blocks of City ofMiami Page 144 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Upper Eastside alone and let the zoning stand the way that it exist right now. You don't need to move to a commercial zoning next door to a residential community -- next door to a residential building, and the rest of the street and across the street is all zoned residential. I think you should deny this. I think you should make them go back to the planning table. I think if there's some sort of interim type of zoning that you might want to do, it might be acceptable to the neighbors, but certainly not this. If you just leave the 50 blocks alone, the marketplace will do what it needs to do. What we really need is a good master plan. Chairman Teele: All right. You're here also, ma'am? Ilene Bottari: Yes, I am. Chairman Teele: Please. You're welcome. Thank you for being here. Hs. Botarri: OK. My name is Ilene Botarri. I reside at 505 Northeast 76th Street, in the Palm Grove neighborhood. This item was presented to us four years ago, and we were against it then, and Planning and Zoning were also against it, and it never even made it to Planning Advisory Board, and now it's come up again, and if you are standing at the pump house on Northeast 41h court and you were to walk east to Biscayne Boulevard, which is one block, and you're standing on Biscayne Boulevard, all of the zoning there is office. There is no commercial zoning on Biscayne Boulevard. You have homes that have been renovated and turned into offices. When you're walking up to the boulevard, the home -- on the left side of street, the north side of 58th Street, they're all single-family homes. On the south side of the street, you have a two-story apartment building. The zoning is office and residential -3. There is no commercial zoning. To come into the residential neighborhood and rezone this property commercial is an invasion and it's a destruction of the integrity of the residential neighborhood. No matter what they're planning on putting there right now, if it's rezoned commercial, they can put anything they want years from now. If there's covenants, they can have the covenants removed, and I'm sure that anyone who has a single-family home there now or in the future does not want to live across the street from a restaurant or any other type of commercial property. The pump house is a historical building, and if we keep it from being rezoned commercial, it also is going to protect the building. I would ask that you deny this for the pump house and also for the Women's Club across the street. Thank you. Hr. A. Maxwell: I believe the last -- Chairman Teele: Hold on just one moment. Are there any other persons here in opposition? All right. Thank you very much. Hr. A. Maxwell: IfI might address. I think there's been some confusion in the neighborhood with respect to whether or not we are also rezoning the property that lies in front of this, and we are not. Apart of the confusion stems from the fact that the street address for the empty parking lot, which lies south of the pump house, has the same address as the Women's Club in front, and these are not --that property is not part of this application. This application received the unanimous approval of the Planning Department and the near unanimous approval of the Zoning Department, in large part because they recognize that this property has been a blight in the neighborhood for several years. Behind this property is the FEC (Florida East Coast) railway track, and what you have had is far from the protection of the residential property. You have had a considerable blight in that area. This approval will only extend the existing commercial use two lots up to capture the pump house and allow for its adaptive reuse. In terms of having that reuse be compatible with the surrounding neighborhood, your staff recommended -- and we agreed -- to including an SD -9 overlay to limit the commercial uses that could be allowed in that area and, for that reason, we believe that it is an appropriate minor adjustment in the existing zoning map to allow this pump house to become a productive asset in the community, as opposed to the blight it has been for many years now. City ofMiami Page 145 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: All right. Thank you very much. Commissioner Winton, I assume? Commissioner Winton: Yes. Move the staff recommendation from last meeting, when we approved this, with conditions. Ms. Slazyk: Well, it's not a condition. What it is, on the --first one, the land use change, you would just approve it on second reading, and with the zoning change, the second item, you would accept the voluntarily proffered covenant and approve it. Commissioner Winton: (INAUDIBLE) Commissioner Winton: So moved. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? 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, 4/0. Chairman Teele: Madam Director. Ms. Slazyk: PZ.9 is the companion zoning change, and this would be the one where you accept the covenant. Chairman Teele: Judy -- I was going to say something on the record. It may be most inappropriate, but --you've been coming down here -- Ms. Clark: I can't imagine. Chairman Teele: --you've been coming down here many years -- no, don't do that. Don't take those off. Ijust wanted to compliment you on your glasses and your new look. Ms. Clark: Oh, thank you very much. Chairman Teele: I think it's most becoming, and we look forward to hearing your views. Ms. Clark: Well, I've been putting them out here for a really long time. Unfortunately, today, we've got one more little chip in our Armour over there. Chairman Teele: OK. Ms. Clark: Thank you, Arthur. Thanks for the compliment, though, Arthur. I appreciate it. PZ.9 04-00181a ORDINANCE Second 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 City ofMiami Page 146 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 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 04-00181 a ZB Reso.PDF 04-00181 a Application & Supp Docs.PDF 04-00181 a Legislation.PDF 04-00181 a 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 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 Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez 12541 Chairman Teele: Yes, ma'am. Sir, go right ahead. Augusto Maxwell: I believe we read the companion item. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. Nine, this is the zoning change City ofMiami Page 147 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 and, again, this is the one where you approved -- accept the covenant. Chairman Teele: Counsel. Mr. A. Maxwell: Augusto Maxwell, Akerman Senterfitt, I Southeast 3rdAvenue, on behalf of the applicant, Sabrina D'Eca. I would respectfully move -- Chairman Teele: Are there any other persons here to speak on this matter? If not, the public hearing is closed. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Need a motion and second -- maker -- Chairman Teele: We have a motion by Commissioner Winton and Commissioner -- Commissioner Winton: Yes, so moved. Chairman Teele: And Vice Chairman Sanchez. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Mr. A. Maxwell: Thankyou. Chairman Teele: Next one. PZ.10 03-0295 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL;" MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0295 SR Fact Sheet.pdf 03-0295 Analysis.PDF 03-0295 Land Use Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0295 School Brd Recomm.PDF 03-0295 PAB Reso.PDF 03-0295 Application & Supp Docs.PDF 03-0295 Legislation.PDF 03-0295 FR Fact Sheet.pdf 03-0295 - submittal.pdf City ofMiami Page 148 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 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. Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Chairman Teele: All right. Next one. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 10 and 11 are companion land use and zoning change for properties located at 3160, 3170, 3180 and 3190 OakAvenue, from single-family residential to duplex residential. The Planning and Zoning Department had recommended denial of this application. It was recommended for approval by the Planning Advisory Board, and just to remind the Commissioners, this is the one that the City Commission actually denied on February 12, 2004, and reconsidered on February 26, 2004, and it's been continued at several meetings since then, the last one being the April 22nd meeting. Chairman Teele: Now, we've heard from this -- Commissioner Winton: Yeah. Find out if there's opposition. Chairman Teele: -- two or three times, right? Commissioner Winton: Yes. Find out if there's opposition. Gloria Velazquez: Good evening. My name is Gloria Velazquez, with law offices at 1221 Brickell Avenue, representing the applicant. We've done our homework. That's what we were supposed to do. I have a resolution from the Village of Center Grove unanimously approving the project. What we've done is, we've presented them with plans and their resolution is attached to the plans, and we have a covenant, which we are proffering that our project will be built in accordance with the plans, so I will submit the resolution from the Village of Center Grove. I will also submit the covenant that we prepared. I'd like to also submit -- we have 11 letters from the neighbors in the area, particularly in the front of where this project is going to go, in support of the application, and I also have a resolution from the Coconut Grove Chamber of Commerce approving the project. Chairman Teele: All right. City ofMiami Page 149 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Ms. Velazquez: And I also want to put in the record, in the covenant, we didn't address tree issues, and I'd like to just say on the record that we're going to amend the covenant to include that no trees will be removed from site; the trees are going to be protected by baton boards; any pruning of trees will be done by a certified arborist, according to the National Arborist standard. Chairman Teele: Wow. All right. Commissioner Winton: Progress. Chairman Teele: We don't have a lot of -- where are all the people that were here opposed to this before? Commissioner Winton: Progress. Ms. Velazquez: There is no -- we had no opposition. Vice Chairman Sanchez: (INAUDIBLE). Chairman Teele: All right. Commissioner Winton: Move to continue. Chairman Teele: Public hearing's closed. Commissioners -- Vice Chairman Sanchez. Vice Chairman Sanchez: Move to approve. Commissioner Winton: Second. Chairman Teele: All right. The Ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Winton: I want to make sure that we're voting on -- Ms. Slazyk: Well, the first one is the land use. The covenant goes with the next one. Commissioner Winton: Oh, OK, good. Thank you. Yes. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.11 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, City ofMiami Page 150 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0295a SR Fact Sheet.pdf 03-0295a Analyis.PDF 03-0295a Zoning Map.PDF 03-0295 & 03-0295a Aerial Map.pdf 03-0295a ZB Reso.PDF 03-0295a Application & Supp Docs.PDF 03-0295a Legislation.PDF 03-0295a Exhibit A.PDF 03-0295a FR Fact Sheet.pdf 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 FINDINGS: 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. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 11 is the companion zoning change from R-1 single-family residential to R-2, and this is the one where if you were to accept a voluntarily proffered covenant. Commissioner Winton: Including the additional covenant -- Ms. Slazyk: Including the amendments -- JoelHaxwell (Deputy City Attorney): As amended. Ms. Slazyk: Yeah. What they're going to do is amend it, and by second reading, we will have it completed and through the full review. Commissioner Winton: And I would like to point out that this is the first time --this is a unique happening in Coconut Grove whereat least half the people here aren't opposed. This is a first, City ofMiami Page 151 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 so it must speak to the amount of work that y'all did within the neighborhood. Vice Chairman Sanchez: That's a first. Commissioner Winton: Because it's impossible to get unanimity in Coconut Grove and, usually, I'm forced to make some sort of decision. You know, you cut the baby in half kind of thing, so anyhow, so moved. Vice Chairman Sanchez: Second. Chairman Teele: All right. The public hearing, of course, is closed, and we have a motion and a second. 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. Chairman Teele: Congratulations -- Ms. Velazquez: Thank you. Chairman Teele: -- Nicademus. All right. This was dead, wasn't it, at one time? Is this the one -- counsel -- Mr. Maxwell: Yeah, it came back on reconsideration. It was denied. Chairman Teele: Counsel, you didn't respond when I said, nice job, Nicodemus. Ms. Velazquez: Thank you. Chairman Teele: You don't know your Scripture, huh? All right. Ms. Velazquez: I'm just very excited. Chairman Teele: All right. Somebody's going to have to help her. Commissioner Regalado: Nicodemus was (INAUDIBLE) Chairman Teele: Huh? Commissioner Regalado: Nicodemus was resurrected. Chairman Teele: But he died, didn't he? No, it was Lazarus. Commissioner Regalado: No. You're talking about Lazarus -- Chairman Teele: Lazarus. I was talking about Lazarus. Commissioner Regalado: Lazarus was -- Chairman Teele: Counsel, I was talking about Lazarus. City ofMiami Page 152 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: He came back to life three or four days ago, but they came back -- Chairman Teele: She brought this back to life. All right. PZ.12 04-00191 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 3720 SOUTHWEST 27TH TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00191 SR Fact Sheet.pdf 04-00191 Analysis.PDF 04-00191 Land Use Map.PDF 04-00191 & 04-00191 a Aerial Map.pdf 04-00191 PAB Reso.PDF 04-00191 Application & Supp Docs.PDF 04-00191 Legislation.PDF 04-00191 & 04-00191 a Exhibit A.PDF 04-00191 - submittal.pdf 04-00191 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3720 SW 27th Terrace APPLICANT(S): Fanio and Caliz Marrero, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval of a motion, which failed (due to failure to obtain the requried five favorable votes), constituting a denial to City Commission on February 18, 2004 by a vote of 4-4. See companion File ID 04-00191a. PURPOSE: This will change the above property to Restricted Commercial. REQUESTED TO BE CONTINUED TO SEPTEMBER 23, 2004. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was City ofMiami Page 153 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 passed unanimously, with Commissioner Gonzalez absent, to CONTINUE item PZ. 12 to the Commission Meeting currently scheduled for June 24, 2004. (Minutes for PZ. 12 can be found under PZ. 13) PZ.13 04-00191a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3720 SOUTHWEST 27TH TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00191a SR Fact Sheet. pdf 04-00191 a Analysis.PDF 04-00191a Zoning Map.PDF 04-00191 & 04-00191 a Aerial Map.pdf 04-00191 a ZB Reso.PDF 04-00191 a Application & Supp Docs.PDF 04-00191 a Legislation.PDF 04-00191 & 04-00191 a Exhibit A.PDF 04-00191 a - submittal.pdf 04-00191a FR Fact Sheet. pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3720 SW 27th Terrace APPLICANT(S): Fanio & Caliz Marrero, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 8, 2004 by a vote of 5-4. See companion File ID 04-00191. PURPOSE: This will change the above property to C-1 Restricted Commercial. REQUESTED TO BE CONTINUED TO SEPTEMBER 23, 2004. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to CONTINUE item PZ. 13 to the City ofMiami Page 154 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commission Meeting currently scheduled for June 24, 2004. (The transcript below includes item PZ. 12.) Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 12 and 13, I believe the applicant is going to request a continuance. Rosario Kennedy: Yes. Mr. Chairman, Rosario Kennedy, with offices at 2645 South Bayshore Drive, here tonight on behalf of the applicant, who respectfully requested that this item be continued to the June meeting, when we have a full Commission. Vice Chairman Sanchez: So moved. Mr. Kennedy: Thank you. Chairman Teele: Second. Commissioner Regalado: Second. Chairman Teele: Is there objection? Ms. Kennedy: That was fast. Chairman Teele: All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed. Ms. Slazyk: And just for the record, June 241h. That was for PZs 12 and 13. Chairman Teele: June 241h, but no special time. At the bottom of the agenda, OK? Commissioner Winton: Now, what did we just do? Ms. Slazyk: Continued -- Commissioner Winton: Why are we deferring -- Chairman Teele: Defer -- Commissioner Regalado: Defer -- Commissioner Winton: We're continue --why did you say, because you need a full Commission? Ms. Kennedy: Yes. Commissioner Winton: It's in my district. Chairman Teele: She didn't say that, did she? Ms. Kennedy: Well, not really that, Mr. Chairman -- Chairman Teele: Madam --former City Commissioner, I hope you didn't say for that reason. City ofMiami Page 155 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Ms. Kennedy: No, I didn't. Did I? Commissioner Winton: Yes. You said for -- I heard it. I was writing notes here --for -- Ms. Kennedy: Well -- all right. Actually, my client is not feeling well -- Commissioner Winton: -- a full Commission. Ms. Kennedy: -- and he asked that this item be deferred. Commissioner Winton: I'm sorry. What did you say? Ms. Kennedy: My client is not feeling well. Chairman Teele: And she's applying Rule 1.743, which is former City Commissioners gets to come and ask -- Ms. Kennedy: That's right. Chairman Teele: -- get to come and ask for one deferral every four years. Ms. Kennedy: We haven't asked for any. Chairman Teele: Every -- one per four year cycle. All right. It's gone now, so you got off lucky, but if he had been paying attention, you may not be -- OK. PZ.14 04-00329 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 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00329 SR Fact Sheet.pdf 04-00329 Analysis.PDF 04-00329 Land Use Map.pdf 04-00329 & 04-00329a Aerial Map.pdf 04-00329 PAB Reso.PDF 04-00329 Application & Supp Docs.PDF 04-00329 Legislation.PDF 04-00329 & 04-00329a Exhibit A.PDF 04-00329 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan City ofMiami Page 156 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 LOCATION: Approximately 2101 and 2135 NW Miami Court and 2110, 2118 and 2134 N Miami Avenue APPLICANT(S): Chrome Miami, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2004 by a vote of 8-0. See companion File ID 04-00329a. PURPOSE: This will change the above properties to General Commercial. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 14 and 15 are companion land use and zoning change for the properties at 2101, 2135 North Miami Court; 2110, 2118 and 2134 North Miami Avenue from industrial to general commercial. This has been recommended for approval by the Planning and Zoning Department, approval by the Planning Advisory Board, and approval by the Zoning Board. Vice Chairman Sanchez: So moved. Lucia Dougherty: Good evening, Mr. Chairman and members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant. You all may recognize this property as Diaz Towing, which is located on North Miami Avenue and 21st Street. It's an industrial site that is going to be -- and probably the easiest way to describe this is to show you what it is currently. Chairman Teele: Here it is. JoelHaxwell (Deputy City Attorney): On the record, Ms. Dougherty. Commissioner Winton: I know it. Diaz Towing. Chairman Teele: All right. Now, what was the staffrecommendation on this? Ms. Dougherty: This is approval by all boards and staff, and I can -- Chairman Teele: All right. Commissioner Winton, do you know the area? It's in your district. Commissioner Winton: I know it backwards and forward. Chairman Teele: All right. Is there anybody here on this matter in opposition or in support? If not, I think that was a good presentation. Commissioner Winton: It was a fabulous presentation. Ms. Dougherty: One of my best. City ofMiami Page 157 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: All right. The public hearing is closed. Commissioner Winton: Move staff recommendation. Mr. Maxwell: An ordinance of the Miami City Commission amending -- Chairman Teele: Second by Commissioner Regalado. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: We have a few more. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 3/0. PZ.15 04-00329a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM I INDUSTRIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00329a SR Fact Sheet.pdf 04-00329a Analysis.PDF 04-00329a Zoning Map.PDF 04-00329 & 04-00329a Aerial Map.pdf 04-00329a ZB Reso.PDF 04-00329a Application & Supp Docs.PDF 04-00329a Legislation.PDF 04-00329 & 04-00329a Exhibit A.PDF 04-00329a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 2101 and 2135 NW Miami Court and 2110, 2118 and 2134 N Miami Avenue APPLICANT(S): Chrome Miami, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: City ofMiami Page 158 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 8-0. See companion File ID 03-0329. PURPOSE: This will change the above properties to C-2 Liberal Commercial. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez Chairman Teele: Next item. Lourdes Slazyk (Assistant Director, Planning & Zoning): The next item is the companion zoning item. We recommend approval. Chairman Teele: All right. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: The public hearing is opened. Any person desiring to be heard should come forward. Counsel, you want to put your name on the record? Lucia Dougherty: Again, for the record, Lucia Dougherty, with offices at 1221 Brickell Avenue. Chairman Teele: Public hearing's closed. We have a motion. Commissioner Winton: So moved. Chairman Teele: Second? Commissioner Regalado: Second. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 3/0. PZ.16 04-00330 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 1760 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. City ofMiami Page 159 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04-00330 SR Fact Sheet.pdf 04-00330 Analysis.PDF 04-00330 Land Use Map.pdf 04-00330 Aerial Map.pdf 04-00330 PAB Reso.PDF 04-00330 Application & Supp Docs.PDF 04-00330 Legislation.PDF 04-00330 Exhibit A.PDF 04-00330 FR Fact Sheet.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 1760 SW 7th Street APPLICANT(S): John C. Harrison, Jr., Owner APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2004 by a vote of 6-2. See companion File ID 04-00330a. PURPOSE: This will change the above property to Restricted Commercial. Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 16 and 17 are companion land use and zoning change items. The property is 1760 Southwest 71h Street. The land use change is from medium density multifamily residential to restricted commercial, and the zoning change is from R-3 to the SD -14 Latin Quarter Commercial Residential Special District, with a pedestrian pathway designation on Southwest 8th Street. The Planning and Zoning Department is recommended for approval. It was also recommended for approval by the Planning Advisory Board and the Zoning Board. Chairman Teele: It's a public hearing. Any person desiring to be heard on the two items, PZs -- what are they again? Ms. Slazyk: 16 and 17. Chairman Teele: --16 and 17. Any person desiring to be heard should come forward. Counsel, you want to give your name and information for the record? Lucia Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue. It's a project that -- this is a lot that span Southwest 81h Street and Southwest 7th Street, and what we're doing is unifying the zoning as one zoning, which is equivalent to the zoning directly to the east that was approved by you all last December, and it would allow for one -- City ofMiami Page 160 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Go right ahead, Lucia, please. Ms. Dougherty: So, it will unify the zoning as a C-1 with an SD -14 Latin Commercial District -- Ms. Slazyk: Latin Quarter District. Ms. Dougherty: -- Latin Quarter Commercial District so that we can have one unified project with retail on the ground floor and a mixed use project, and it is the same as what you all approved last December. Chairman Teele: All right. Thank you. Public hearing's closed. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Vice Chairman Sanchez, you're recognized for a motion. Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Chairman Teele: Is there discussion? Is there objection? Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. Vice Chairman Sanchez: And let me just state for the record that that entire area there, with all the commercial on one side and some of the residents on the other side, let me just tell you that you're going to see a lot of items coming in front of this Commission because, basically, from 4th Avenue to 27th Avenue, from 8th Street, which is a business corridor, to 7th, all of that will, sooner or later, become all commercial. Chairman Teele: All right. PZ.17 04-00330a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NOS. 35 AND 38 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 AND C-1 RESTRICTED COMMERCIAL WITH AN SD -12 BUFFER OVERLAY DISTRICT AND SD -25 SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT TO SD -14 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND PEDESTRIAN PATHWAY DESIGNATION ON SOUTHWEST 8TH STREET FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1741 SOUTHWEST 8TH STREET AND 1760 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 161 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04-00330a SR Fact Sheet.pdf 04-00330a Analysis.PDF 04-00330a Zoning Map.pdf 04-00330a Aerial Map.pdf 04-00330a ZB Reso.PDF 04-00330a Application & Supp Docs.PDF 04-00330a Legislation.PDF 04-00330a Exhibit A.PDF 04-00330a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential and C-1 Restricted Commercial with an SD -12 Buffer Overlay District and SD -25 Southwest 8th Street Special Overaly District to SD -14 Latin Quarter Commercial -Residential Pedestrian Pathway Designation on SW 8th Street to Change the Zoning Atlas LOCATION: Approximately 1741 SW 8th Street and 1760 SW 7th Street APPLICANT(S): John C. Harrison, Jr., Owner APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 7-0. See companion File ID 03-0330. PURPOSE: This will change the above properties to SD -14 Latin Quarter Commercial -Residential and Pedestrian Pathway Designation on SW 8 Street. Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 17 is the companion zoning change item, and this was also recommended for approval, and the request includes the pedestrian pathway designation and that's what's going to ensure the pedestrian activity on the 81h Street site. Chairman Teele: Counsel. All right. The public hearing is closed. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Madam Clerk. Is there a motion? Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 162 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 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. Lucia Dougherty: Thank you very much. PZ.18 04-00389 ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission 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 3804-3820 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00389 SR Fact Sheet.pdf 04-00389 Analysis.PDF 04-00389 Land Use Map.pdf 04-00389 & 04-00389a Aerial Map.pdf 04-00389 PAB Reso.PDF 04-00389 Legislation.PDF 04-00389 & 04-00389a Exhibit A.PDF 04-00389 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3804-3820 NW 12th Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 31, 2004 by a vote of 8-0. See companion File ID 04-00389a. PURPOSE: This will change the above properties to General Commercial. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously with Commissioner Gonzalez absent, to CONTINUE item PZ. 18 to the Commission Meeting currently scheduled for June 24, 2004. Direction to the City Manager by Chairman Teele to readvertise item PZ. 18 at the City's expense; further directing the Manager to determine if there is a Code Enforcement matter City ofMiami Page 163 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 related to this item and if so, to request that the property owner's case be extended until the Commission acts on this item; and further directing the administration to meet with the neighborhood association. (Minutes for PZ. 18 can be found under PZ. 19) PZ.19 04-00389a ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 17, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3804-3820 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00389a SR Fact Sheet.pdf 04-00389a Analysis.PDF 04-00389a Zoning Map.pdf 04-00389 & 04-00389a Aerial Map.pdf 04-00389a School Brd Recomm.pdf 04-00389a PAB Reso.PDF 04-00389a Legislation.PDF 04-00389 & 04-00389a Exhibit A.PDF 04-00389a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 3804-3820 NW 12th Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 9-0. See companion File ID 04-00389. PURPOSE: This will change the above properites to C-2 Liberal Commercial. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously with Commissioner Gonzalez absent, to CONTINUE item PZ. 19 to the Commission Meeting currently scheduled for June 24, 2004. Direction to the City Manager by Chairman Teele to readvertise item PZ. 19 at the City's expense; further directing the Manager to determine if there is a Code Enforcement matter related to this item and if so, to request that the property owner's case be extended until the Commission acts on this item; and further directing the administration to meet with the neighborhood association. City ofMiami Page 164 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 (The transcript below includes item PZ. 18.) Chairman Teele: Now, is there anybody here on Item Number 19? Vice Chairman Sanchez: PZ. 19 or -- Chairman Teele: PZ. 19. If not, we -- I would like to ask that that item be re -advertised at the City's expense because there appears to be some notice defect. Commissioner Winton, would you move it, please? Commissioner Winton: I would move that. Lourdes Slazyk (Assistant Director, Planning & Zoning): That would also go for PZ. 18, which is the companion land use. Chairman Teele: 18 and 19. Ms. Slazyk: OK. Commissioner Winton: So move, PZ. 18, 19. Chairman Teele: To be re -advertised at the City's expense, and when could it come back? Ms. Slazyk: June 24th. Chairman Teele: For the June 241h meeting. Would you second that item, Commissioner Regalado? Commissioner Regalado: Yes, I will. Chairman Teele: All right. All those in favor -- Commissioner Regalado: Commissioner, this is -- Oh, OK. It's from a commercial car lot sale, right? Chairman Teele: Right. Commissioner Winton: Yeah. Commissioner Regalado: Oh, OK. I'll second. Chairman Teele: All right. Commissioner Winton: Residential. Chairman Teele: Further discussion. All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: Those opposed? So that item will be re -advertised at the City's expense. The owner will not have the responsibility. If there is a defect, it'll be cured. All right. Are you all here on that item? Yeah. We're just going to re -advertise it. It'll comeback on June 20th -- 41h -- June 241h, but there will be a new notice done, but you won't have to pay for it. Commissioner Regalado: Do they -- they have a Code Enforcement case going, right? City ofMiami Page 165 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Do they have a Code Enforcement case? How do you know? Commissioner Regalado: Because I know. I'm a journalist. Supposed to know. Chairman Teele: Is this associated with a Code Enforcement matter? Ms. Slazyk: The City is the applicant on this in order to change that land use and zoning. I'm not aware of Code Enforcement, but we could find out. Chairman Teele: Would you also communicate to Code Enforcement our intent to take this matter up, and ask that their time be extended, if there is a pending matter, until we can act on it? Hs. Slazyk: Absolutely. Chairman Teele: All right. The City is the applicant on this? Unidentified Speaker: Yes. Chairman Teele: You all need to meet with the neighborhood and the neighborhood association. I'm not going to do that, butyou need to make sure you meet with the neighborhood and the neighborhood association. Hs. Slazyk: OK. Commissioner Winton: Arthur, is this your district or Angel's? Chairman Teele: My district. Commissioner Regalado: Oh, OK. Chairman Teele: Used to be Angel's district. This used to be in the Angel Gonzalez district, but now it's in district -- Commissioner Regalado: But there is a Code Enforcement -- PZ.20 04-00452 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 5317 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 166 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 04-00452 SR Fact Sheet.pdf 04-00452 Analysis.PDF 04-00452 Zoning Map.pdf 04-00452 Aerial Map.pdf 04-00452 ZB Reso.PDF 04-00452 Application & Supp Docs.PDF 04-00452 Legislation.PDF 04-00452 Exhibit A.pdf 04-00452 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD -12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 5317 NW 5th Avenue APPLICANT(S): Major & Betty Jo Threlkeld, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 7-0. PURPOSE: This will add the SD -12 Buffer Overlay District to the above property. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 20 is a request to change zoning to add the SD -12 buffer overlay district for the property located at 5317 Northwest 5th Avenue. What this will do is, it will allow the property to be used for surface parking for the adjacent commercial property. It's been recommended for approval by the Planning and Zoning Department and approval by the Zoning Board. Chairman Teele: All right. Yes, sir. Major Threlkeld: My name is Major Threlkeld, and I live at 406 Northwest 541h Street, and I'm the owner. Priscilla A. Thompson (City Clerk): I'm sorry. We didn't hear you. Did you say Major? Major Threlkeld: Major Threlkeld, and I'm the owner. Commissioner Winton: Is it time for --what PZ (Planning & Zoning) item is this? Ms. Slazyk: This is to add the SD -12 -- Commissioner Regalado: 20, 20. Commissioner Winton: What item? Commissioner Regalado: 20. City ofMiami Page 167 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Ms. Slazyk: PZ -- Commissioner Winton: Are we -- Ms. Slazyk: -- 20. Commissioner Winton: Do we have -- is there opposition, though? Are we at the public hearing phase or what? Commissioner Regalado: It's a public hearing. Commissioner Winton: Have we done the public hearing? Chairman Teele: Well, we've not done the public hearing. He was beginning to speak. You're here on this -- Commissioner Winton: Well, he's the owner -- he's the applicant, the owner of the property. Chairman Teele: OK, but normally, applicant goes first. Commissioner Winton: Oh. Chairman Teele: Are there opponents here on this item? If not, you gave us your name and address. You're chief --for the record, thank you very much. Ms. Slazyk: It's been recommended for approval. Chairman Teele: All right, Mr. Attorney. Commissioner Winton: So moved. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Winton: There's some confusion over who -- Vice Chairman Sanchez: Yeah. Madam Clerk, there's -- Commissioner Winton: I'll move it. Vice Chairman Sanchez: The motion has been made by Commissioner Winton, and I have second it. Ms. Thompson: Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.21 04-00407 ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY City ofMiami Page 168 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 KNOWN AS "WATSON ISLAND TRACT G" FROM "RECREATION" TO "RESTRICTED COMMERCIAL;" SAID PROPERTY MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00407 SR Fact Sheet.pdf 04-00407 Analysis.PDF 04-00407 Land Use Map.pdf 04-00407 & 04-00407a Aerial Map.pdf 04-00407 PAB Reso.PDF 04-00407 & 04-00407b Comp Plan Amend Email.pdf 04-00407 Legislation.PDF 04-00407 & 04-00407a Exhibit A.PDF 04-00407 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract G APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407a, 04-00407b and 04-00407c. PURPOSE: This will change the above portion of Watson Island to Restricted Commercial. Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Direction to the City Attorney by Chairman Teele to meet with the litigants related to this portion of Watson Island and come back with a status report. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs 21 through 24 are first reading zoning and land use change items related to Watson Island. If you recall, we recently did a series of amendments, swapping a small piece of the PR (Parks & Recreation) category for a small piece of the C-1 category in order to bring that -- the PR category onto the water and expand the commercial towards the causeway. Because of a possible FDOT (Florida Department of Transportation) taking of land in order to expand the right-of-way over the Island, we need to do another additional, much smaller swap, in order to accommodate the same amount of commercial category and park category, but a little further away from the causeway, so what these items are is changing -- PZ. 21 is a land use change from recreation to restricted commercial for Tract G; PZ. 22 is the companion zoning change for that; PZ.23 is the land use change for the exact same size parcel from restricted commercial back to recreation, and PZ. 24 City ofMiami Page 169 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 is the companion zoning for that. What this will do is further adjust the zoning on that quadrant of the island, and it's been recommended for approval by the Planning Advisory Board and approval by Planning and Zoning Department. Chairman Teele: All right. Commissioner Regalado: Mr. Chairman. Lourdes, what happened on the Waterfront Advisory Board? There were complaints about the traffic, and Parrot Jungle representatives came and -- I was watching, but couldn't -- Ms. Slazyk: I wasn't there at that meeting. Let me see if someone from Economic Development - Commissioner Regalado: But -- Ms. Slazyk: I don't -- Commissioner Regalado: -- is there a problem with the traffic? I mean, the only thing is what happened at the WaterfrontAdvisory Board? Ms. Slazyk: It was approved at the board. Commissioner Regalado: It was what? Ms. Slazyk: The board did approve it. I just don't know what specific traffic -- because this land use and zoning change is a really small sliver. You maybe talking about when the Major Use Special Permit comes before you, which will be probably the June meeting. Commissioner Regalado: So, the June meeting will be -- Ms. Slazyk: You'll be able to hear the rest of the project. This is just a small land use and zoning change item. Commissioner Regalado: OK I want just to understand why the representative have not met with the fisherman, and that they originally told them, by letter, that they were going to be part of the -- Ms. Slazyk: I believe a fish market is a component of the project. Commissioner Regalado: I know it's a component. Ms. Slazyk: Right. Commissioner Regalado: But they refused to meet with them. Ms. Slazyk: I can't answer that. Let me see if l can -- Commissioner Winton: Well, I don't think that's accurate at all, by the way. I've been in meetings with them and I know that -- and this has been discussed many, many times, this whole issue of whether or not they're willing to meet with the folks, and I also -- well, Judy will give you more specific time and circumstance, so I'll defer to her and then I'll jump back in again. Judy Burke: For the record, my name is Judy Burke, practicing law with Shultz and Bowen, 201 South Biscayne Boulevard. I represent Flagstone Island Development. We began having meetings with the fish --with the representatives of the existing fish market. We had -- I City ofMiami Page 170 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 probably have (UNINTELLIGIBLE) 20 different letters to them, asking them to give us information about what size they need, the amount of refrigeration, and all of their aspects of the site. Everything was moving along, and we even sent them a form of a sublease agreement. At that time, we didn't even have a lease with the City yet, so it was impossible for us to enter into an agreement with them, but we sent them a form, and about two weeks later, they filed a lawsuit against us, and the lawsuit is pending now and we're in litigation, so there's -- Commissioner Regalado: I don't think that they file -- Ms. Burke: They're in litigation with the City and they're in litigation with Flagstone. Commissioner Regalado: I don't think that they file a lawsuit against Flagstone. Ms. Burke: Yes, they did. They clearly did, and we are defending that lawsuit now. Commissioner Regalado: I would hope --because, you know, I'm just here -- Chairman Teele: But you can't ask people to meet, and talk with them, and sue them. Commissioner Winton: Let's hope (UNINTELLIGIBLE). Commissioner Regalado: No, of course. If they -- if there is a lawsuit, they cannot be -- I -- my understanding is that the lawsuit with the City is over. The -- it's no longer existing, and -- but don't understand that lawsuit against Flagstone because, according to them and to you, they were supposed to be working together. Ms. Burke: We honestly did, and it wasn't even two weeks after we sent the draft of the sublease that the lawsuit was filed against us, and I believe the lawsuit is still ongoing with the City, although, it is winding to an end. I think it's the third reconsideration motion, but it is still pending, but the lawsuit with us is a brand new, fresh lawsuit that hasn't gotten anywhere, so that is what happened. I would be glad -- Commissioner Winton: What do you mean, brand new lawsuit? Ms. Burke: -- to send you copies of the lawsuit and all the correspondence. Commissioner Winton: What do you mean, brand new fresh? Ms. Burke: Within --the City lawsuit is 10 years old; ours is about a year --about eight months old. That's what meant. Commissioner Regalado: But if you -- if they were to withdraw the lawsuit or something, they would -- then you would meet with them? I mean, I'm just -- Ms. Burke: We would be happy to meet with them. Chairman Teele: Commissioner, may I recommend, if you're concerned about it --and I think we all are, at least to a point -- I would think the appropriate thing to do would be to instruct our attorney to meet with the litigants and to try to get the issue, and then let our attorney deal with Flagstone, because I think that's a lawyer -to -lawyer relationship and, obviously, what -- Commissioner Regalado: No. I, frankly, didn't know about the -- Chairman Teele: I didn't, either. City ofMiami Page 171 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Regalado: I just thought that since the law -- I was told that the lawsuit with the City is over, and I -- is it over, Alex? Alejandro Vilarello (City Attorney): Well, the litigation --the court has ruled in the City's favor. Commissioner Winton: When was that? Mr. Vilarello: They've taken an appeal of this final order of the court, so technically, the lawsuit's ongoing but certainly, until that is resolved -- until the appeal's resolved, it's still pending, technically. Chairman Teele: But would you have an objection to meet with the litigants and to try to figure out all their issues, so that we can at least have a handle on it? Mr. Vilarello: With Flagstone and with the -- Chairman Teele: Not with Flagstone, with the litigants. Mr. Vilarello: Well, I'm always willing to meet with litigants in any kind of case to see if we can resolve the case. Now, understanding that the lawsuit -- Commissioner Regalado: Well, are you aware that they had filed a lawsuit against Flagstone? Mr. Vilarello: No, I was not personally aware of it. Judy's shaking her head. I'm not -- Commissioner Regalado: I don't know. I don't think that they're part of a -- at least, they -- some of the people. I think it comes from the other side, but -- Chairman Teele: Well, I think, at a minimum, we should get a memo from the City Attorney on the status of the litigation, and you all set it up -- Mr. Vilarello: I'd be happy to -- Chairman Teele: You all setting up a meeting with or without Flagstone to try to -- you know, our job is to try to make things go away and solve the problem. Is that --will that meeting your - Commissioner Regalado: Yeah, yeah, sure. I mean, I'm just -- Chairman Teele: All right. So where are we on the item that's at bar --that's before us? Ms. Slazyk: PZs 21 and 22 are the first companion items, land use and zoning. Commissioner Winton: I'm busy over here writing a very nasty letter to George Burgess, so I can't concentrate on these things. Chairman Teele: This is a public hearing on items 20 and 21. Any person -- Ms. Slazyk: 21 and 22. Chairman Teele: Huh? 21 and 22. Any person desiring to be heard on 21 and 22 should come forward. There are no persons coming forward. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. City ofMiami Page 172 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: All right. Is there a motion? Vice Chairman Sanchez: So moved. Chairman Teele: Moved by Vice Chairman -- Commissioner Winton: Moved. Chairman Teele: -- seconded by Commissioner Winton. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Commissioner Regalado: Mr. Chairman, just for the record, I was troubled by what the attorney for Flagstone said. There is no suit filed by the Fisherman. The suit against Flagstone was filed by ship that is moved -- and -- but the fishermen are not participating. Chairman Teele: But they probably fish off the ship. Commissioner Regalado: No. They fish -- scuba diving. It's scuba diving. Chairman Teele: All right. We're asking again for the attorney to file us a memo that gives the current standing of all of the litigation, and to determine whether the people in litigation with the City or in litigation with Flagstone. All right. PZ.22 04-00407a ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 22, 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 PR PARKS AND RECREATION TO C-1 RESTRICTED COMMERCIAL FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT G," MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00407a SR Fact Sheet.pdf 04-00407a Analysis.PDF 04-00407a Zoning Map.pdf 04-00407 & 04-00407a Aerial Map.pdf 04-00407a PAB Reso.PDF 04-00407a Legislation.PDF 04-00407 & 04-00407a Exhibit A.PDF 04-00407a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to C-1 Restricted Commercial to Change the Zoning Atlas City ofMiami Page 173 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 LOCATION: Watson Island Tract G APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 5-2. See companion File ID 04-00407, 04-00407b and 04-00407c. PURPOSE: This will change the above portion of Watson Island to C-1 Restricted Commercial. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Lourdes Slazyk (Assistant Director, Planning & Zoning): 22 is the companion zoning change for Tract G, also recommended for approval by Planning and Zoning and the Planning Advisory Board. Chairman Teele: Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Is there a motion? Commissioner Winton: So moved. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.23 04-00407b ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT H" FROM "RESTRICTED COMMERCIAL" TO "RECREATION"; SAID PROPERTY MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" CONTAINING A City ofMiami Page 174 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00407b SR Fact Sheet.pdf 04-00407b Analysis.PDF 04-00407b Land Use Map.pdf 04-00407b & 04-00407c Aerial Map.pdf 04-00407b PAB Reso.PDF 04-00407 & 04-00407b Comp Plan Amend Email.pdf 04-00407b Legislation.PDF 04-00407b & 04-00407c Exhibit A.PDF 04-00407b - correspondence.pdf 04-00407b FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Restricted Commercial" to "Recreation" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract H APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407, 04-00407a and 04-00407c. PURPOSE: This will change the above portion of Watson Island to Recreational. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Teele Absent: 2 - Commissioner Gonzalez and Regalado Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 23 is the land use change for Tract Hfrom restricted commercial to recreation; also recommended for approval by the Planning Advisory Board and the Planning and Zoning Department. Chairman Teele: Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. We have a motion by Commissioner Winton, please? Commissioner Winton: Yeah, so moved, please. Vice Chairman Sanchez: Second. Chairman Teele: It's been second by Vice Chairman. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 175 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. PZ.24 04-00407c ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 22, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO PR PARKS AND RECREATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT H," MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00407c SR Fact Sheet.pdf 04-00407c Analysis. PDF 04-00407c Zoning Map.pdf 04-00407b & 04-00407c Aerial Map.pdf 04-00407c PAB Reso.PDF 04-00407c Legislation.PDF 04-00407b & 04-00407c Exhibit A.PDF 04-00407c FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Watson Island Tract H APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407, 04-00407a and 04-00407b. PURPOSE: This will change the above portion of Watson Island to PR Parks and Recreation. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Teele Absent: 2 - Commissioner Gonzalez and Regalado Chairman Teele: Mr. Attorney. City ofMiami Page 176 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 The Ordinance was read by title into the public record by the Deputy City Attorney. Lourdes Slazyk (Assistant Director, Planning & Zoning): That was PZ. 24. Chairman Teele: This is PZ. 24? Ms. Slazyk: That he just read, yeah. Chairman Teele: Yeah. Did anybody from the public want to be heard on this? We've called for this before. There are no persons coming forward, so the public hearing is, again, closed. Commissioner Winton: So moved. Chairman Teele: It's been moved by Commissioner Winton. It's seconded by the Vice Chair. Vice Chairman Sanchez: Second. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. Chairman Teele: Now, before we go any further, I want to ask everybody in the back rooms and the holding room, we're about to finish this agenda. If you have an item that has not been acted upon, please come forward. Would the City staff please begin to move toward this area, please? Thank you. Go right ahead. PZ.25 04-00390 ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, ORDINANCE NO. -- City Commission 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, MORE SPECIFICALLY SECTIONS 614,623 AND 625 IN ORDER TO MODIFY LANGUAGE PERTAINING TO PARKING REQUIREMENTS IN ORDER TO ALLOW FOR CERTAIN CONDITIONAL REDUCTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00390 SR Fact Sheet.pdf 04-00390 PAB Reso.PDF 04-00390 Legislation.PDF 04-00390 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 March 31, 2004 by a vote of 8-0. PURPOSE: This will allow certain conditional reductions in parking for the City ofMiami Page 177 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 SD -14, SD -23 and SD -25 Overlay Districts. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 25 is the text amendment that we were talking about earlier. This is a first reading ordinance amending the Latin Quarter, the SD -23, which is Coral Way, and SD -25, which is 81h Street, in order to allow the parking modifications for reductions in parking for adaptive reuse or rehab of existing retail and restaurants without need of much additional parking. What this does, inmost cases, is allows sufficient relief that either small amount needs to be located or it can be zero, depending on how much they're grandfathered for. It allows reductions if you have metered parking in front of your facility, food establishments. You would not count kitchens and storage areas, and it would also allow you to find your parking offsite within a thousand foot radius. We recommend approval. It was also recommended for approval by the Planning Advisory Board unanimously. Commissioner Winton: So moved. Chairman Teele: All right. Public hearing. Any person desiring to be heard should be coming forward. There are no persons. Motion is made by Commissioner Winton. Commissioner Regalado: Second. Chairman Teele: By Commissioner Regalado. Madam Clerk. The Ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): Roll call. (COMMENTS MADE DURING ROLL CALL) Ms. Thompson: Chairman Winton? Commissioner Winton: Yes. Ms. Thompson: I'm sorry. Commissioner Winton: Uh-oh. Ms. Thompson: Commissioner Winton? Chairman Teele: Art Teele, present, yes. All right. So, let's -- Ms. Thompson: I apologize. Chairman Teele? Chairman Teele: Let's don't get caught up. They come and go everyday. A roll call was taken, the result of which is stated above. Commissioner Winton: People confuse us for the same person all the time. Commissioner Regalado: That's because of the height. City ofMiami Page 178 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Chairman Teele: Item is adopted unanimously. PZ.26 04-00462 ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 9 AND 25, MORE SPECIFICALLY SECTION 915.2 AVIATION HAZARDS; AND SECTION 2502 SPECIFIC DEFINITIONS, IN ORDER TO MODIFY THE PROVISIONS FOR SPECIAL PERMITS FOR AVIATION HAZARDS AND THE DEFINITION OF "LODGING UNIT"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00462 SR Fact Sheet.pdf 04-00462 PAB Reso.PDF 04-00462 Legislation.PDF 04-00462 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 April 21, 2004 by a vote of 9-0. PURPOSE: This will correct and clarify language in the Zoning Ordinance related to aviation hazards and lodging units. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 26 is a clean up amendment to the Section 915, the aviation hazards, and that -- Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Winton: Do we have a motion? I'll move it. Commissioner Regalado: Second. Commissioner Winton: But I hate to slow the process down, but what are we doing? Ms. Slazyk: OK. Aviation hazards -- when we did an amendment about 6 months ago, aviation hazards special permits used to be a Class I special permit. We changed it to special exception. It was kind of inadvertent. We meant for schools in aviation hazards, but the way it's written now, every Major Use Special Permit that's got a tall building has go get a special exception for an aviation hazard permit, when all they really need to do is give us an FAA (Federal Aviation Administration) approval letter. City ofMiami Page 179 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Commissioner Winton: Oh. Ms. Slazyk: So this is fixing it. The second one is the definition of lodging unit. It says 200 square feet or less for hotel rooms. This came up as -- in a lawsuit recently, and it's a scrivener's error. It should be 200 square feet or more. If not, closets would be hotel rooms. Commissioner Winton: All right. Hs. Slazyk: So, this is just two real quick clean ups. Commissioner Winton: OK. I moved it and you seconded it, right? Commissioner Regalado: Yeah. Commissioner Winton: So -- Chairman Teele: All right, so we have a motion and a second, and we have the -- Hs. Slazyk: He read it. Chairman Teele: -- been read, and we're going to have the Clerk call the roll. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Hs. Thompson: The ordinance has been passed on first reading 3/0. PZ.27 04-00463 ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE COASTAL MANAGEMENT, NATURAL RESOURCES AND CAPITAL IMPROVEMENT PROGRAM ELEMENTS OF THE MIAMI NEIGHBORHOOD COMPREHENSIVE PLAN IN ACCORDANCE WITH 1995 EVALUATION AND APPRAISAL REPORT RECOMMENDATIONS, AND FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AS CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT NO. 04-2; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00463 Fact Sheet.pdf 04-00463 Analysis.PDF 04-00463 PAB Reso.PDF 04-00463 DCA Letter.PDF 04-00463 Legislation.PDF 04-00463 - submittal.pdf REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. City ofMiami Page 180 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 7-0. PURPOSE: This will approve an Evaluation and Appraisal Report (EAR) -based amendment to the Miami Comprehensive Neighborhood Plan. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez Chairman Teele: Next item. Final item. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 27. This is a first reading ordinance amending the Comprehensive Plan in accordance with the 1995 -- Joel Maxwell (Deputy City Attorney): Excuse me. Ms. Slazyk: -- Evaluation and Appraisal Report. This was our old year. This is one of those ear -based amendments from the 1995 Evaluation and Appraisal Report. This actually had gone through almost the entire process and was never completed, so we're now completing the process of one of the 1995 ear -based amendments, so anyway, the Florida Statutes require that a -- that the City provide a Comprehensive Plan, citizen courtesy information sign-up sheet, which I'm going to give to the City Clerk. Anybody from the public that provides their name and address on this sheet will receive any information concerning the date of publication of the Notice of Intent by the Department of Community Affairs, and this is in order to comply with Florida Statutes, so I'll give this to the Clerk. If anybody wants to sign upon the courtesy list, we will have that there. Otherwise, we recommend approval. These are the cleanups related to the coastal management, natural resource and capital improvement program elements of the comp plan, in accordance with the 1995 Evaluation and Appraisal Report. Commissioner Winton: So moved. Chairman Teele: Mr. Attorney. 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 come forward. There are no persons coming forward. The public hearing's closed. Is there a motion? Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: Moved and second. Madam Clerk. Priscilla A. Thompson (City Clerk): A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. City ofMiami Page 181 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 SUPPLEMENTAL AGENDA DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. SIA 04-00582 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING A COVENANT TO BUDGET AND APPROPRIATE, IN AN AMOUNT NOT TO EXCEED $7,500,000, AS A GUARANTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"); AUTHORIZING THE CITY MANAGER TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE COVENANT AND ANY OTHER NECESSARY DOCUMENTS IN SUPPORT OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL'S POOLED FINANCING PROGRAM TO THE CRA FOR CONSTRUCTION OF CAPITAL PROJECTS WITHIN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, CONTINGENT UPON THE CRA AGREEING THAT THE LOAN PROCEEDS MAY NOT BE USED OR APPROPRIATED WITHOUT FURTHER APPROVAL OF THE MIAMI CITY COMMISSION. 04-00582- leg islation. pdf DEFERRED A motion was made by Commissione Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Gonzalez absent, to DEFER item SL I to the Commission Meeting currently scheduled for June 24, 2004. Chairman Teele: Special Item -- what is this -- SL 1, what is that? What does SI mean? Huh? Supplemental 1. Priscilla A. Thompson (City Clerk): You're supplemental -- Chairman Teele: Motion to defer that item to the second meeting in June for discussion. Commissioner Winton: So moved. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? NON -AGENDA ITEMS NA.1 04-00604 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "ARTS ON THE BOULEVARD/SOUL ON 7TH" AND APPROPRIATING A GRANT AWARD, IN THE AMOUNT OF City ofMiami Page 182 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 $50,000, FROM THE MIAMI-DADE COUNTY EMPOWERMENT TRUST, INC., FOR SUPPLIES, MATERIALS, AND PROFESSIONAL SERVICES FOR THE BEAUTIFICATION AND ENHANCEMENT OF A PORTION OF DR. MARTIN LUTHER KING BOULEVARD, AND THE SUPPORT OF A CULTURAL FESTIVAL ON NORTHWEST 7TH AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0367 Chairman Teele: Anything else? Commissioner Regalado, would you preside and allow me to present two items? Commissioner Regalado: Yes, sir. Chairman Teele is recognized for his blue pages item. Chairman Teele: First, I would like to move an item at the request of the management. It is, I guess, in the form of a pocket item. A resolution of the City Commission establishing a new special revenue fund entitled Arts on the Boulevard, Soul on 7th, and appropriating a grant award in the amount of fifty thousand dollars from the Miami -Dade County Empowerment Zone for material, supplies, professional and for the beautification enhancement of a portion of Dr. Martin Luther King Boulevard in support of the cultural festival activities on Northwest 7th Avenue; authorizing the City Manager to accept the grant award, execute the agreement in substantially the attached form as necessary, in a form acceptable by the CityAttorney for said purpose. So move. Commissioner Regalado: We have a motion. Second by Commissioner Winton. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.2 04-00624 DISCUSSION ITEM DISCUSSION ON THE BLOOD DRIVE FOR CHRISTINA ABRAMS, DIRECTOR OF CONFERENES, COVENTIONS AND PUBLIC FACILITIES, WHO WAS INVOLVED IN A VERY SERIOUS AUTOMOBILE ACCIDENT ON TUESDAY, MAY 25, 2004. DISCUSSED Chairman Teele: Mr. Chairman, I have nothing else on the agenda, except would like to make one announcement. On Tuesday, June 1st, from 10 a.m. to 3 p.m. -- as you know, we have a serious problem with blood shortages throughout our community. Christina Abrams, who is fighting for her life and remains in Intensive Care at the Broward General Hospital, condition is reported today as more stable, which is good news, and we're going to keep praying for her. However, the Community Blood Bank will be at the Miami Riverside Center on Tuesday, June I st -- that's right after Memorial Day -- from 10 a. m. to 3 p. in., and we would ask the citizens and the employees to consider donating blood, which will be transported to the Broward General Hospital to supplement the blood that she may require. Now, Christina is in Intensive City ofMiami Page 183 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 Care and she is not able to receive flowers; however, cards may be sent to her home, and I'm sure her family will be sharing the address, and I want to compliment Rosalie Mark for making the information available on the website, and I think we should all continue to pray seriously for Christina. She's a wonderful person, and it's a tragic accident. NA.3 04-00625 DISCUSSION ITEM INTRODUCTION OF CHAIRMAN TEELE'S MOTHER, MRS. FLORENCELE SWAYZE TEELE AND HIS SON, ARTHUR P. TEELE, III DISCUSSED Chairman Teele: I would like the privilege, Mr. Chairman, of introducing -- if you would escort the lady, sir, to the dais -- I would like the privilege of presenting to the Commission, provided she doesn't say anything about me, my mother, who normally comes to Miami in -- during the month of February, her birthday, which she -- generally, she doesn't want it known how many 90 old -- years she is old, but she was born in Arkansas --Arkadelphia, Arkansas, and her mother, who was my favorite person that I've ever known in the world, with the exception of my own mother, and she played a very important role, along with my father in her life, and she just came to town. She just drove in town. I have not seen her in a time period that she's very upset about, so I wanted to just thank you, mother, for coming. The gentleman that's escorting her is --would you identify that gentleman with you, please? Arthur, pull that down. Your name, please. Florencele Swayze-Teele: My husband's name, his daddy, is Arthur; then he came along, Arthur, and this came along Arthur, so there are too many Arthurs, so you see how large he is, so he's still Little Arthur to me, so this is my favorite grandson, but he always reminds me, he's the only grandson I have. Chairman Teele: He is the only grandson. And your name, just for the record. Arthur Paton Teele: Arthur Paton Teele. Chairman Teele: And ma'am. Ms. Swayze-Teele: I'm Florencele Swayze-Teele from Arkadelphia, Arkansas, not too far from maybe one of your favorite people, Bill Clinton. Chairman Teele: You would have to put that in. (APPLA USE) Commissioner Winton: Well, at least there's a few here. Chairman Teele: Well, everybody knows what her political philosophy is. Ms. Swayze-Teele: Well, I was born 30 miles from where he was born, and then I was 36 miles from where he grew up. He was born in Hope, as you know, and he grew up in Hot Springs, so I was 36 miles from Hot Springs, so I claim that as my fame -- claim to fame. I thank you very, very much. Chairman Teele: Thank you, Mr. Chairman. Commissioner Regalado: Thank you. Back to you, Mr. Chairman. Chairman Teele: Are there any other matters to come before the Commission, Madam Manager, Madam Attorney? If not, we stand adjourned at 7:20. Thank you. City ofMiami Page 184 Printed on 1/7/2008 City Commission Meeting Minutes May 27, 2004 City ofMiami Page 185 Printed on 1/7/2008