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HomeMy WebLinkAboutCC 2004-07-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, July 22, 2004 9:00 AM PLANNING AND ZONING PART A City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes July 22, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Pages 3 AM - APPROVING MINUTES Pages 3 - 4 ORDER OF THE DAY Pages 4 - 5 CA - CONSENT AGENDA Pages 5 - 28 M - MAYOR'S ITEMS Page 29 D1 - DISTRICT 1 ITEMS Page 29 D2 - DISTRICT 2 ITEMS Page 29 D3 - DISTRICT 3 ITEMS Pages 29 - 31 D4 - DISTRICT 4 ITEMS Pages 31 - 37 D5 - DISTRICT 5 ITEMS Pages 37 - 40 PH - PUBLIC HEARINGS Pages 41 - 53 SR - SECOND READING ORDINANCES Pages 54 - 56 FR - FIRST READING ORDINANCES Pages 57 - 58 RE - RESOLUTIONS Pages 59 - 82 DI - DISCUSSION ITEMS Pages 83 - 89 PZ - PLANNING AND ZONING ITEMS Pages 90 - 208 SI - SUPPLEMENTAL ITEMS Pages 209 - 223 City of Miami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Winton, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele On the 22nd day of July, 2004, the City Commission of the City of Miami, 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: 48 a.m. by Chairman Arthur E. Teele Jr., recessed at 12: 05 p.m., reconvened at 3:12 p. m., recessed at 6: 42 p. m., reconvened at 7: 45 p.m. and recessed at 9: 37 p.m. to continue on July 29, 2004 at 9 a.m. ALSO PRESENT: Joe Arriola, City Manager Maria J. Chiaro, Interim City Attorney Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-00837 CEREMONIAL ITEM Name of Honoree Miami -Kagoshima Sister Cities Student Exchange Satsuki Hirata Nariki Fukumoto Kenji Maeda Yuki Uchihara Satomi Osaki Tsukasa Kusakizako Tamaki Sunakawa Hozuka Tachiwana Risa Nagamine Jyun Harada Mr. Masahiro Yamanouchi, Chaperone MAYORAL VETOES 04-00837-protocol list. pdf PRESENTED Presenter Protocol Item Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Distinguished Visitor The students from Kagoshima, Japan and their chaperone were given a miniature flag of the City of Miami. Chairman Teele: Welcome to the City Hall of the City of Miami. Today we are here to deliberate on matters relating to the Thursday, July 22nd City Commission meeting. Prior to formally beginning the meeting, we will have a pledge and prayer, but prior to that, we'd like to recognize Commissioner Johnny Winton to recognize and bring forward some very distinguished visitors to our City. Presentations made. Invocation and Pledge of Allegiance. Chairman Teele: Thank you all very much. Are there any matters that -- It's my understanding that there are no mayoral vetoes. NO MAYORAL VETOES City of Miami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 APPROVING THE MINUTES OF THE FOLLOWING MEETING: NO ACTION TAKEN ORDER OF DAY Chairman Teele: The time is now 11:08, and we'd like to take up those matters that Commissioner Regalado -- before you leave. Could we go through the second readings, SR.1 and 2, the first reading on impact, and then the resolutions from RE. 1 through RE. 10 -- 9? I think maybe also, with the permit on Catalonia, we could take that up before you leave, Commissioner. Commissioner Regalado: 1 thought it was in the afternoon. Chairman Teele: 1t does not reflect as a time certain, but we'll be more than happy -- what time did you want to take that up this afternoon? Commissioner Regalado: Any time you want. I mean -- Chairman Teele: No. Just give us a time. Commissioner Regalado: We have a PZ (Planning & Zoning) -- Chairman Teele: We have a PZ 45 that relates to Southwest 27th Avenue and Coral Way -- Commissioner Regalado: During that time. Chairman Teele: -- that's coming up at 7 p.m. Commissioner Regalado: Right, during that time. Chairman Teele: So we'll discuss that at, let's say, 6:45. Commissioner Regalado: Right. Chairman Teele: All right. Commissioner Regalado: OK. Chairman Teele: All right. So, ordinances for second reading, SR.1, would you read the ord -- Commissioner Regalado: Can 1-- when are we going to do the supplemental? I know one was deferred, but I -- Chairman Teele: Which one? Commissioner Regalado: Supplemental agenda. Chairman Teele: The supplemental agenda normally is done at the end of the day. Commissioner Regalado: OK. No problem. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: RE.8. City of Miami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: Mr. Chairman, before I leave, I just want to know at what time we're coming back? Chairman Teele: What I would like to do is come back at 11 -- at 2:45, and take up Item Number 12 immediately from -- and then go directly, after we do -- Commissioner Regalado: That's RE. 12? Chairman Teele: RE.12, and after RE.12, immediately do all of the Planning & Zoning items for the rest of the afternoon, and then we will take up, after we complete -- I would assume, some of these items, like the Ransom Everglades and the 27th Avenue, which we're going to take up at 7 o'clock. We'll then finish off the balance of the regular agenda and defer all of the other Zoning items. What we should have by now is the department and the Attorney, Joel Maxwell, and the Planning Director should be out here right now telling us what we're going to -- what items we're going to take up. CONSENT AGENDA CA.1 04-00763 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND AMER HOLDING, A LIMITED LIABILITY COMPANY ("LESSOR"), FOR USE OF APPROXIMATELY 1,000 SQUARE FEET OF OFFICE SPACE, LOCATED AT 4343 WEST FLAGLER STREET, MIAMI, FLORIDA, FOR OPERATION OF A NEW NEIGHBORHOOD ENHANCEMENT TEAM IN DISTRICT 4, PROVIDING THE FOLLOWING: (1) A TERM OF FIVE (5) YEARS THAT SHALL COMMENCE ON THE POSSESSION DATE, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL THREE-YEAR TERMS SUBJECT TO MUTUAL CONSENT OF THE PARTIES; (2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, IN THE AMOUNT NOT TO EXCEED $15.00 PER SQUARE FOOT, OR AN AMOUNT NOT TO EXCEED $1,250, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEARS TO BE ADJUSTED ANNUALLY BASED ON INCREASES IN THE CONSUMER PRICE INDEX, (3) LESSOR TO PAY ALL COMMON AREA OPERATING CHARGES, AND (4) LESSOR TO GRANT LESSEE THREE MONTHS RENT CREDIT FOR LESSEE'S BUILD -OUT OF PREMISES, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LEASE AGREEMENT. 04-00763-cover memo.pdf 04-00763-budgetary impact.pdf 04-00763-exhibit-ag reeme nt. pdf 04-00763-exhibit 2- letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0474 CA.2 04-00764 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF THERMO AIR, INC., FOR THE REPLACEMENT OF EXISTING COOLING City of Miami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 TOWERS AND INSTALLATION OF A TEMPORARY COOLING TOWER, TO INCLUDE A FIVE-YEAR EXTENDED WARRANTY, FOR THE MIAMI RIVERSIDE CENTER ("MRC") BUILDING, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MRC DIVISION, IN AN AMOUNT NOT TO EXCEED $156,500, INCLUDING A CONTINGENCY RESERVE IN THE AMOUNT NOT TO EXCEED $7,450, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $163,950; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ("CIP") (B-74210) NO. 311042, IN AN AMOUNT NOT TO EXCEED $93,149, CIP NO. 311705, IN AN AMOUNT NOT TO EXCEED $30,000, AND CIP NO. 311010, IN AN AMOUNT NOT TO EXCEED $40,801. 04-00764-cover memo.pdf 04-00764-budgetary impact.pdf 04-00764-award recommendation.pdf 04-00764-summary of funding.pdf 04-00764-award sheet.pdf 04-00764-tabulation of bids.pdf 04-00764-bid security list.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0511 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to TABLE item CA.2 for later this afternoon; further instructing the Administration to provide proper justification of the need for the replacement of cooling towers at the Miami Riverside Center. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item CA.2. [CA.2 was subsequently adopted] Chairman Teele: Further deferrals? Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Sanchez -- Commissioner Winton. Commissioner Winton: 1 would like to pull CA.2. I read the justification for this item, and it is -- Mr. Manager, you weren't here in the earlier days when I routinely deferred CA (Consent Agenda) items that were expenditures because the justification was not well -written, and this was the worst justification for an expenditure probably I've ever seen. 1 mean, it was -- if you read it, being a businessman, you would have thrown that out immediately, so 1 want to pull CA.2 for lack of appropriate justification. Chairman Teele: 1s there a second? Unidentified Speaker: CA.2. Commissioner Gonzalez: Second. City of Miami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Unidentified Speaker: CA.2. Chairman Teele: Is there objection? Commissioner Winton: CA.2. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? CA.2 is pulled. Chairman Teele: All right. Then we'll go -- Madam Clerk, we have a series of open items. Let's go back to the consent agenda open items. Sylvia Scheider (Assistant City Clerk): I show CA.2 as the first one -- Chairman Teele: CA.2. Ms. Scheider: -- outstanding. Chairman Teele: You want to have somebody mark the rest of -- the whole rest of the agenda you got open? Ms. Scheider: Yes. Chairman Teele: CA.2. What's the next item, Madam Attorney? Ms. Scheider: CA. 4 is also pending. Chairman Teele: CA.4. Ms. Scheider: That was tabled. Chairman Teele: Let's go with CA.4. Come on. Did you have CA.2, GSA (General Services Administration)? Glenn Marcos (Director, Purchasing): CA.2. Chairman Teele: Well, 1 kept waiting on you. Commissioner Winton: Yeah -- CA.2 is my issue. I'm not going to be -- you know, I'm not going to -- Chairman Teele: Commissioner -- Commissioner Winton: 1 am not -- Chairman Teele: -- all you've got to do is move to defer. Commissioner Winton: I'm going to defer CA.2. Commissioner Gonzalez: Second Chairman Teele: All those in favor of the motion, say "aye." City of Miami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Winton: Mr. Chairman, I have a number of items. CA.5, I'll bring it back -- no, CA.2 -- it's 2? OK, I move CA.2. Commissioner Gonzalez: Second. Chairman Teele: Is there a second? Moved and second Commissioner Regalado: Second Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. CA.3 04-00765 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE ACCEPTING THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER TO PERFORM PRE -EMPLOYMENT PHYSICAL EXAMINATION SERVICES FOR DESIGNATED PERSONNEL, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $136,695, FOR THE INITIAL TWO-YEAR PERIOD, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS ("EMPLOYEE RELATIONS"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, SUBJECT TO THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING AN INCREASE IN COMPENSATION IN AN AMOUNT NOT TO EXCEED 5% WHICH SHALL BE EFFECTIVE ON THE FIRST DAY OF ANY OPTIONAL PERIOD; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF EMPLOYEE RELATIONS, ACCOUNT CODE NO. 001000.270101.6.260, IN AN AMOUNT NOT TO EXCEED $82,470, THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280401.6.260, IN AN AMOUNT NOT TO EXCEED $21,480, AND THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290201.6.260, IN AN AMOUNT NOT TO EXCEED $32,755. 04-00765-cover memo.pdf 04-00765-budgetary impact.pdf 04-00765-memo from Risk Management.pdf 04-00765-tabulation results.pdf 04-00765-acceptance of recommendation.pdf 04-00765-exhibit 1-psa.pdf 04-00765-exhibit 2- medical protocol.pdf 04-00765-exhibit 3- price proposal form.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0475 CA.4 04-00767 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING RESOLUTION NO. 03-634, ADOPTED JUNE 12, 2003, FOR THE PROVISION OF AUTO BODY REPAIRS AND PAINTING SERVICES, BY REPLACING THE LIST OF VARIOUS VENDORS ATTACHED TO SAID RESOLUTION WITH THE REVISED LIST, ATTACHED AND INCORPORATED AS "EXHIBIT A" TO EXCLUDE VENDORS THAT WERE NOT WITHIN THE CITY OF MIAMI LIMITS, PURSUANT TO SECTION 3.0 OF BID NO. 02-03-074 , CHANGING THE BID TO CITYWIDE ON AN AS -NEEDED BASIS, ALLOWING OTHER DEPARTMENTS AND AGENCIES TO UTILIZE THE CONTRACT; CHANGING THE FUNDING SOURCE; AUTHORIZING AN INCREASE, IN AN ANNUAL AMOUNT NOT TO EXCEED $60,000, FROM $ 800,000 ANNUALLY TO AN AMOUNT NOT TO EXCEED $860,000 ANNUALLY, FOR A TOTAL INCREASE IN AN AMOUNT NOT TO EXCEED $ 240,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $3,440,000; ALLOCATING FUNDS FOR SAID INCREASE FOR THE CURRENT FISCAL YEAR (FY 2003-2004) FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, 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; AND AMENDING RESOLUTION NO. 03-634 TO REFLECT SAID CHANGES. 04-00767-cover memo.pdf 04-00767-pre legislation.pdf 04-00767-pre exhibit.pdf 04-00767-amend ment. pdf 04-00767-exh ib it. pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0503 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to TABLE item CA.4 for later this afternoon. Note for the Record: Item CA.4 was subsequently adopted. Chairman Teele: Any furthers? Commissioner Winton: Yes. CA.4. How many vehicles do we have in our fleet, or let me rephrase. Hold on, Mr. Chairman. You want ones that are going to be pulled. I'd like to discuss CA.4, at some appropriate time. Chairman Teele: CA.4 is deferred to later in the -- motion to defer it to later in the agenda, pulling it from the consent package. Is there a second? Commissioner Gonzalez: Second. City of Miami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: The item is pulled for later discussion today. Chairman Teele: Madam Clerk, call it out, next item. Sylvia Scheider (Assistant City Clerk): CA.4. Chairman Teele: Who's got a hold on CA.4? Glenn Marcos: CA.4 was an item -- Glenn Marcos, Purchasing Director. CA. 4 was also an item that Commissioner Winton deferred this morning. Vice Chairman Sanchez: Are we done with PZ (Planning and Zoning)? Commissioner Winton: And by the way, 1 deferred -- Chairman Teele: We have other -- Commissioner Winton: I deferred CA (consent agenda) -- Chairman Teele: -- PZ items -- Commissioner Winton: I deferred CA.2 this morning, by the way. Chairman Teele: Yeah, but we deferred it for later on in this agenda. Commissioner Winton: Yeah, but not CA.2. I yanked that one off. Chairman Teele: All right. Well, we'll -- the Clerk is the official keeper of the record. Commissioner Gonzalez: CA.4. Chairman Teele: CA.4. There are other PZ items. Commissioner Winton: Yeah. Chairman Teele: They cannot come up before 7 p.m. Commissioner Winton: And CA.4, the question that I had was --1 think this was an $860, 000 item or something like that. Commissioner Gonzalez: No. Commissioner Winton: Huh? Commissioner Gonzalez: $3, 000, 000. Commissioner Winton: CA.4? Vice Chairman Sanchez: $3, 400, 000. City of Miami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Gonzalez: $3, 400, 000. Vice Chairman Sanchez: To be exact. Commissioner Winton: Three point four million. Commissioner Gonzalez: In repair of some painting. Commissioner Winton: Oh, that's right. Yeah. Oh, I read -- Mr. Marcos: It is $860, 000, but the total contract amount amounts to 3.4. Commissioner Winton: So the contract amount's being increased by 860,000? Mr. Marcos: It's actually being increased by $60, 000. This item was in front of the City Commission already, and it was approved for $800, 000. What we're doing is, we're adding the Fire Department and the Fire Department will be expending $60, 000 annually, so now the total contract amount is for 3.4, and the actual annual amount was originally 800,000; it's now 860. Commissioner Winton: How many -- Mr. Marcos: Multiply $860, 000 by four years, that's your total contract amount. Commissioner Winton: This is a 4-year thing? Mr. Marcos: That is a -- yes, sir. Commissioner Winton: Oh, so this $3, 500, 000 is over four years? Mr. Marcos: It's a 4-year period, sir. Commissioner Winton: OK, and how many automobiles -- how many total vehicles do we have that are covered by this contract? Mr. Marcos: Well, that --1 believe that's a GSA question. I'm not qualified to answer that question. Commissioner Winton: Oh, I should have asked it earlier. I'm sorry. Mr. Marcos: But 1 do believe that it does cover fleet and major equipment for GSA. Vice Chairman Sanchez: GSA Director is here to answer that for you. Commissioner Winton: Oh, good. Mr. Marcos: By the way, for the record, Commissioners, 1 do have good news to report on this contract. If you look at the actual contract, we are amending the contract to include only local vendors, Commissioner Gonzalez. Commissioner Winton: Very good. Mr. Marcos: OK. Vice Chairman Sanchez: Great God almighty. City of Miami Page 11 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Very good. Mr. Marcos: So what you're going to see here are local vendors only under this contract. Commissioner Gonzalez: Let me tell you, it was -- Mr. Marcos: Commissioner Regalado, I think you're happy to hear about that. I think the whole Commission body is probably pleased about that news. Thank you. Commissioner Gonzalez: I'm happy to hear that, but I'm also concerned about the amount of money that we're spending on painting and body shop. 1 mean -- Commissioner Winton: Well, that's what 1 was trying to get to math at. 1-- Vice Chairman Sanchez: Yeah, but this is a 4-year contract. Commissioner Winton: Yeah, so -- Mr. Marcos: Commissioner, just remember that it is upon an as -needed basis, OK, so it's not that we're going to be doing the money, but when we are using it again, the money's going to our local vendors. Commissioner Winton: Yeah, but it -- so, you know, it's 820 -- $810,000 a year, but 1 just wanted to do the math, so how many vehicles are covered in this -- in our fleet that are covered -- Alex Martinez (Acting Director, General Services Administration): The entire fleet, both heavy, light and small equipment. Commissioner Winton: Cuanto? Vice Chairman Sanchez: It's very reasonable. Mr. Martinez: Over 2,500 pieces of equipment. Vice Chairman Sanchez: It's very reasonable. Commissioner Winton: That math works for me. OK. Move CA.4. Vice Chairman Sanchez: Second Chairman Teele: Moved -- motion and second. Is there objection? Commissioner Winton: And may 1 point out to staff it's the kind -- it is -- would not have been very difficult to do those calculations for us so that instead of you look at 3.4 million -- oh, 3.4 million -- well, it isn't -- it's 3.4 million over four years; we've got 2,500 vehicles, so that calculates out to where we've got a reserve of --1 can't do that math in my head -- 2,500 into the -- 80,000 -- what is that, 5,000? No. Commissioner Gonzalez: Yeah, 5,000. Vice Chairman Sanchez: Do the math. Commissioner Gonzalez: About 5,000. City of Miami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: Do the math. Commissioner Winton: Yeah. No, about -- it's less. Commissioner Gonzalez: Less than 5,000, actually. Commissioner Winton: Yes. Three -- or is it hundred? Chairman Teele: All right. Vice Chairman Sanchez: Call the question. Commissioner Winton: Bad math in the head. Chairman Teele: Question's been called. Commissioner Winton: Anyhow, if you did that quick calculation right there, so you see on a -- Vice Chairman Sanchez: Call the question. Commissioner Winton: -- per year cost how much we're setting aside, that's -- it's easy for us and we don't give you any grief Vice Chairman Sanchez: Call the question. Commissioner Winton: Yes, sir. Commissioner Gonzalez: Second Commissioner Winton: 1 wanted to talk some more. Chairman Teele: Question's been called. All those in favor -- Commissioner Winton: Aye. Chairman Teele: -- of item CA.4-- Commissioner Gonzalez: Aye. Chairman Teele: -- say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Chairman Teele: Mr. GSA Director, I'm going to tell you, you should have really cleared this item with -- number 2 with Commissioner Winton. I can't believe that you have not -- Mr. Martinez: I attempted to. I tried to talk to Jason, who -- Chairman Teele: Hey, hey, hey. Just -- Mr. Martinez: I understand. 1 hear you, sir. Chairman Teele: Thank you. City of Miami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Martinez: Thank you, sir. Chairman Teele: Thank you. Commissioner Winton: Well, besides that -- Chairman Teele: Going to get his staff in trouble now. Commissioner Winton: -- I run office buildings. Chairman Teele: CA.I0. Johnny, please. Commissioner Winton: And own them. CA.5 04-00768 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE ACQUISITION OF PLANS REVIEW AND INSPECTION SERVICES FOR THE DEPARTMENTS OF BUILDING, PLANNING AND ZONING, PUBLIC WORKS AND FIRE -RESCUE, FROM CAPRI ENGINEERING, INC., CEB ENGINEERING, INC., CSA SOUTHEAST, INC., M. T. CAUSLEY, INC., AND TRIANGLE ASSOCIATES, INC., ON AN AS -NEEDED BASIS, IN A TOTAL AMOUNT NOT TO EXCEED $200,000; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH AGENCY FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS FOR THE CURRENT FISCAL YEAR, 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. 04-00768-cover memo.pdf 04-00768-summary sheet.pdf 04-00768-acceptance of recommendation.pdf 04-00768-exhibit 1-memo.pdf 04-00768-exhibit 2-psa.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0476 CA.6 04-00769 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT, INSTALLATION, AND DELIVERY OF PLAYGROUND AND PARK EQUIPMENT FROM VARIOUS VENDORS, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 650-001-04-1, EFFECTIVE UNTIL JULY 31, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $500,000, FOR THE CURRENT FISCAL YEAR ( City of Miami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 FY 2003-2004) FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, 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, ON AN AS -NEEDED CONTRACT BASIS FOR VARIOUS USER DEPARTMENTS AND AGENCIES. 04-00769-cover memo.pdf 04-00769-contractors. pdf 04-00769-price sheet.pdf 04-00769-memos from the state.pdf 04-00769-certification of contract.pdf 04-00769-list of contractors.pdf 04-00769-contract administrator.pdf 04-00769-contract information.pdf 04-00769-award under the state of FL.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0477 CA.7 04-00770 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING A DONATION, OF COMPUTER SOFTWARE LICENSES, INCLUDING NO COST VERSION UPGRADES FOR A TWO-YEAR PERIOD, AT AN ESTIMATED FAIR MARKET VALUE OF $188,460, FROM MICROSOFT CORPORATION, FOR DEPLOYMENT ON CITY OF MIAMI ("CITY") OWNED DESKTOP COMPUTERS AT VARIOUS CITY LOCATIONS FOR THE E- PARKS PROGRAM SPONSORED BY THE CITY AND THE COMMUNITY TECHNOLOGY ADVISORY BOARD; AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE DONATION. 04-00770-cover memo.pdf 04-00770-digital divide plan.pdf 04-00770 - submittal.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0478 Chairman Teele: Before we bring up PH.5 -- you all have a seat for a moment. We committed -- and the Chair stands in error -- CA. 7, Microsoft. Are the representatives of Microsoft here? We want to bring you up here to the dais. Just come around to the dais, sir. Who's got the portable mike? Commissioner Winton: Portable mike. Chairman Teele: Followed by a discussion on the Technology Advisory Board. I apologize to you all. John Bunn: OK Well, I appreciate it. We're very pleased at Microsoft to offer -- City of Miami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Your name, please. Mr. Bunn: John Bunn. Pm the Director for State and Local Government with Microsoft, and Microsoft is extremely pleased to be able to offer a donation of software to the City of Miami for their eParks Initiative, and we wanted to personally thank Mayor Diaz, who's not here and Commissioner Teele, and the rest of the City Council for the opportunity, and we really feel strongly that the City has taken a strong, strong leadership position in showing other cities how the City can facilitate access to technology through this kind of initiative, so congratulations, and again, we're pleased to make this offer to you. (Applause) Chairman Teele: While you're here, we have the Technology Advisory Committee, so I'll ask Peter, if you would just come forward and -- with the Manager, and to accept whatever we're going to do, but introduce the members of the advisory board, as well as the Parks Director that are here assembled Peter Korinis: Thank you, Commissioner. Peter Korinis, Chief Information Officer. I'm also the Chair of the Community Technology Advisory Board. We have two members of our board here today that 1'd like to recognize: One is Fred Jackson and, secondly, Eldred Garcia. Chairman Teele: Why don't you give a little background. Mr. Korinis: The Community Technology Advisory Board's -- Vice Chairman Sanchez: Is it working? Mr. Korinis: I'm not sure. Commissioner Winton: Put it closer to your mouth. It's working. You just didn't have it close enough. Chairman Teele: It's working. Commissioner Gonzalez: It's working. Commissioner Winton: Put it closer to your mouth. Unidentified Speaker: Speak up, Peter. Mr. Korinis: Hello. Vice Chairman Sanchez: Yes, there it is. Mr. Korinis: I'm sorry. There we go. The Community Technology Advisory Board was established by the Commission under Commissioner Teele's leadership, in July of 2001, and the goal was to bridge the digital divide and to try to provide better technology opportunities to some of the disadvantaged areas within the community, so that not only children, but adults could have opportunities to understand technology better, to compete better in a technology environment, to be able to have access to the Internet and understand those basic skills, so the Community Technology Advisory Board, in conjunction with the parks, has established an eParks program. The eParks program will provide learning centers in 27 of the City's parks, each of those parks will have 10 or more PCs (personal computers) with software tools, mentoring programs to help both children, adults and others within the community, so City of Miami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Microsoft's donation here has been the first and the largest to the program, and we really appreciate this. Commissioner Winton: Here here. (Applause) Mr. Korinis: And we certainly want to thank Microsoft. Another big donation has come from Comcast, which has provided internet access, so I wanted to recognize them, as well. Commissioner Winton: Fred, you want to say something? Mr. Korinis: Fred. Fred Jackson: Those of us who work in the computer field -- Chairman Teele: Fred, give us your name. Mr. Jackson: Fred Jackson, IBM (International Business Machines) Corporation -- and those of us who work in the computer field recognize the need to build community relationships and make sure that our total community is apprised and has the access and awareness of the advantages of today's technology, so it is extremely a pleasure for me to work along with the rest of the members of the Community Technology Advisory Board to foster that for -- that awareness and access to all of the members of our community, and to -- again, to thank Microsoft for its participation in that, and we look forward to a lot of participation from a lot more people, and we're going to get out to our community in a way that no community has in the State of Florida. Vice Chairman Sanchez: Thank you so much. (Applause) Chairman Teele: Mayor. Mayor Manuel A. Diaz: Well, first of all, I want to congratulate the Chairman for his great taste in ties. Joe Arriola (City Manager): Oh, they're wearing the same tie. Mayor Diaz: No, but, seriously, I also congratulate you for your leadership in this area. As I told Mike Vasquez the other day from The Herald, this is one of those issues that tends not to be sexy and tends to get, you know, front page headlines, but we have been working very diligently over the past couple of years with our Parks Department, and Peter has done a great job with IT (Information Technology), and now, of course, Microsoft and IBM, and also working with Miami -Dade College, FIU (Florida International University), the University of Miami, a number of the School Board, to make this a reality, and I also want to recognize -- they're not here, I think, but Comcast, who has been great and agreed, during the license transfer process, to wire all of our parks and to run free internet access to our parks, and this is a very, very important initiative for all of us in making this a much better city, so congratulate all of you and thank you again. (Applause) Chairman Teele: And Mr. Mayor, and to the Commission, I think we all are aware of the digital divide, and there are so many of our young people who don't have, not even computers, but don't have telephones in their home, and at one point, there was a statistic of something like 30 City of Miami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 percent of the urban cities did not have a telephone, and of course, if your teacher is giving you an assignment to do over the internet, it's almost like the days when children went to school and because of their circumstances didn't get books, so this City has made a very strong commitment. The Comcast -- which you've honored and we agree with -- but that was one of the commitments that this Commission imposed on whoever has the franchise, and I would like our Parks Director to know that we've asked that the Parks Director would study the ordinance and come back to us with a new ordinance on the definition of a park in the City of Miami. We think that that definition is archaic. It should include technology as a core part of providing services, such as baseball fields and basketballs, and the things that are listed and numerated in the Code needs to be expanded, and again, Mr. Mayor, I want to salute you, Communications and those people -- Velma -- Wilma Wilcox in the Miami Model -- Miami Idol ceremonies that is designed to get kids to use the computers. That's the only way you can vote for the Miami Idol is through our technology system, and I would ask the Technology Director just to tell us where we are; about how many people are voting? 1 shouldn't say how many people are voting because we had a Chicago rule of voting. We did not put a limitation on the number of times you could vote, with the idea that we wanted to encourage kids to use the Internet. Mr. Korinis: Yes, Commissioner. Since the last competition, which was Saturday evening, up until yesterday morning, Wednesday morning, we had 140,000 votes tabulated. That's an increase from 80,000 in the previous week and 60,000 in the week before that, so it's growing and growing and growing, but we've got some smart people out there that know how to vote very rapidly, and so we're swamping the ballot box here, but it's going very well. Chairman Teele: Well, thank you again, and this is all a way of -- one other final thing. I should indicate that there are a number of efforts going on with our community based organizations, both through our CD, Community Development, funds and the Police Law Enforcement Trust Fund, and in that regard, Magic Johnson also recently made a very large contribution of technology to the Mattie Koonce Center there right across from the old arena at Greater Bethel AME (African Methodist Episcopal) Church, so we just want to encourage IBM and Microsoft, and Magic Johnson, Comcast, and all the other people that are involved in technology to continue to support our City parks and our community based organizations throughout the City. Thanks, Microsoft. Thank you very much for your contribution. Mr. Bunn: Thank you, sir. Unidentified Speaker: Thank you. (Applause) CA.8 04-00771 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 03-04-052R, THAT THE FIRMS MOST QUALIFIED TO PROVIDE NETWORK BACKBONE EQUIPMENT MAINTENANCE SERVICES FOR THE CITY OF MIAMI ("CITY") ARE, IN RANK ORDER: (1) UNISYS CORPORATION, AND (2) BELLSOUTH COMMUNICATION SYSTEMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH UNISYS CORPORATION, THE TOP -RANKED FIRM, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE RFP, ATTACHED AND INCORPORATED, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $400,000, FOR AN INITIAL THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO City of Miami Page /8 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY ACCOUNT CODE NO. 001000.460101.6.670, AND FROM THE OPERATING BUDGETS OR CAPITAL IMPROVEMENT PROJECTS OF VARIOUS CITY DEPARTMENTS, REQUIRING BUDGETARY APPROVAL FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS, PRIOR TO USAGE OF SAID SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BELLSOUTH COMMUNICATION SYSTEMS, THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, SUBJECT TO SAID TERMS AND CONDITIONS. 04-00771-cover memo.pdf 04-00771-summary sheet.pdf 04-00771-budgetary impact.pdf 04-00771-memo from ITD.pdf 04-00771-exhibit 4-certificate of insurance.pdf 04-00771-exhibit 1-agreement for maint. services.pdf 04-00771-exhibit 2-infrastructure supp. services.pdf 04-00771-exhibit 3-pricing matrix.pdf 04-00771-acceptance of recommendation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0479 CA.9 04-00775 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 22ND STREET FROM NORTHWEST 6TH AVENUE TO NORTHWEST 11TH AVENUE, MIAMI, FLORIDA, AS "SUSACASA WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00775-cover memo.pdf 04-00775-budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0480 CA.10 04-00776 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHEAST 6TH STREET FROM BRICKELL AVENUE TO MIAMI AVENUE, MIAMI, FLORIDA, AS "BUTCH BRICKELL WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00776-cover memo.pdf 04-00776-budgetary impact.pdf City of Miami Page 19 Printed on /2/16/2004 City Commission Verbatim Minutes July 22, 2004 DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to TABLE item CA.10 for later this afternoon. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item CA.10, pending legal advise by the Interim City Attorney. Chairman Teele: CA.10, Butch Brickell Way. That was pulled by who? Commissioner Winton: Me. Chairman Teele: All right. Commissioner Winton: I have a question for staff Isn't the Brickell fam -- aren't we in a lawsuit with the Brickell family over Mary Brickell Park on Brickell Avenue in Federal Court? Maria 1 Chiaro (Interim City Attorney): Yes, sir, that lawsuit is still pending. Commissioner Winton: That is still pending, and is this particular Brickell part of the group that we're in court with on Mary Brickell Park? Ms. Chiaro: I am not sure. Commissioner Regalado: He can't. He has to be dead. Chairman Teele: Well, move that the item be deferred until -- Commissioner Winton: Oh, is this the -- oh, he has to be dead, that's right. Commissioner Regalado: Yeah. Commissioner Winton: Oh, OK. Commissioner Regalado: But still -- you know what, you're right, because if we're fighting with a name and the family -- Chairman Teele: Don't put that on the record like that. Let's just -- Commissioner Regalado: Look, he's right, and you know what? Let me say this. I have -- Chairman Teele: The attorney should explain that kind of stuff. Commissioner Regalado: -- not complained. I have not complained, but there is another item that 1 did not challenge, a naming of a street in District 4, that we saw in the agenda just because we saw it. Nobody told us, and some neighbors asked us, because somebody was there promoting that, and we didn't know anything about it. We looked like fools because we didn't know anything about it, about this proposed name, which I did not challenge. It's fine. It went through the process, but at least they should tell the different area Commissioners, you know, that there is a proposal to name a street. Commissioner Winton: Well, y'all think I'm crazy here? Commissioner Regalado: No. Commissioner Gonzalez: No, sir. City of Miami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: I don't think so. 1 think you're right on -- Commissioner Winton: Well -- Commissioner Regalado: Whatever -- Commissioner Winton: Here's -- my -- Commissioner Regalado: We cannot take -- Commissioner Winton: -- my motion would be to defer this item and reconsider once the lawsuit between the -- Chairman Teele: Well, why don't you just say pending an advice by the City Attorney, as opposed to -- Commissioner Winton: OK, pending advice from the City Attorney. Commissioner Gonzalez: Second Chairman Teele: All right. We have a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: I would hope that the City Attorney's Office will clearly take this under advisement and brief us individually on where we are on this. Commissioner Winton: Well, actually, 1 know where we are. We're still in court. CA.11 04-00777 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHEAST 11TH STREET FROM BISCAYNE BOULEVARD TO NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, AS "CLUB SPACE WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00777-cover memo.pdf 04-00777-budgetary impact.pdf WITHDRAWN A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to WITHDRAW item CA.11. Chairman Teele: And, staff there was an item that was deferred or withdrawn, CA.11, Club Space. I was advised of this on Tuesday, I believe, in the afternoon. Then, it was withdrawn. We had a very distinguished representative here -- former representative P, Manny Prieguez, who actually is my state representative. Manny, would you just come forward and -- in your personal role, and just put your concerns on the record, because 1 did not mean to be discourteous or to cut you off. Manny Prieguez: Thank you, Commissioner, and 1 will always be your state representative, you know that, right? Chairman Teele: Yes, sir. Your name and address for the record. City of Miami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Prieguez: Manny Prieguez, 4000 Malaga Avenue, Coconut Grove, Miami, Florida, 33133. We had a meeting with Commissioner Winton. This -- Club Space is in his district, and he communicated to us the concerns that he had with the application, notwithstanding the fact that we went through the proper City procedures in order to present this item before you for approval, and so we're, you know, listening very closely to the Commissioner, and we're going to move forward Chairman Teele: All right. Well, I just want to put on the record, I was unaware of it. I didn't -- Mr. Prieguez: That's correct. Chairman Teele: -- support it. I didn't oppose it, but I -- Mr. Prieguez: That's correct. Chairman Teele: -- was told that it was not a proper designation by the Public Works Director, and I want to at least clear that up on the record, so ma'am, would you -- Stephanie Grindell: Stephanie Grindell, Director of Public Works. Yes. We requested that this item be withdrawn because it was against City Code 54-137(3). Chairman Teele: What does that mean? Commissioner Winton: What? Ms. Grindell: It means that -- according to that City Code, streets cannot be co -designated for commercial purposes. Commissioner Winton: Which is what the Code ought to say. Chairman Teele: So Suntrust Bank Street -- I mean, you know, we've got to have one -- Commissioner Winton: There isn't a Suntrust Bank Street -- Way. Where's that? Chairman Teele: As long as I'm going to be a Commissioner, there's going to be one system of just -- Commissioner Winton: Where is Suntrust Bank Street? Chairman Teele: I don't know. Commissioner Winton: Well, I don't know of one. Chairman Teele: I don't know. Commissioner Winton: That's the point. I don't think there is one. Chairman Teele: So you're saying that a commercial -- so, is the Churchill Way going to be a problem? Ms. Grindell: Nope, because it's named after a person. Commissioner Winton: Because it's the name of a person. City of Miami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: It's the name of Sir Winston -- and it's not named for the club. Commissioner Winton: Bingo. Ms. Grindell: Correct. Chairman Teele: It's named for -- but 1 mean, I'm -- you know, I just want to make sure that -- because I've got this Churchill Way thing and it's a big issue. Commissioner Winton: No. That's very different, and what 1 told Representative Prieguez is that I'm all in favor offiguring out the way to honor the founder of Club Space because he was a pioneer in an area that's created significant economic development, but this, from a public policy standpoint, is the wrong way to do it. The second we approve something like this, every single businessman in every block where we have commercial stuff is going to be flooding our offices, wanting their piece of the street named after their business, and then neighborhood next door is going to raise holy hell about it being their business, and we're going to end up with -- we will end up with the aftereffects that are going to be awful, so that's what I told their representatives; that they ought to find another way for us to honor somebody who was a real pioneer in the community, creating economic development, which I'm all in favor of that doesn't have that kind of really negative public policy repercussion. Mr. Prieguez: Mr. Chairman, and we heard the Commissioner loud and clear, and we intend to fully cooperate with him, and we'll be -- Chairman Teele: Good idea. Mr. Prieguez: -- getting together with him and try to find a way to get around this and to be able to honor the gentleman (UNINTELLIGIBLE) -- Chairman Teele: Is this the full street or is this a block? Mr. Prieguez: No. It would have been just a block in front of Club Space and -- Chairman Teele: And you had the approval of each of the other businesses? Mr. Prieguez: 1 don't know if, in the process -- Chairman Teele: All right. Mr. Prieguez: -- of doing that -- Chairman Teele: It's being deferred Commissioner Winton: We could have named it "Solid Gold Way." Commissioner Gonzalez:: Gold Rush. Mr. Prieguez: It's being deferred Commissioner Winton: Oh, I'm sorry. Chairman Teele: 1 think that's a great -- Commissioner Winton: Gold Rush Way. City of Miami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Prieguez: It's being deferred and we're OK with that. Chairman Teele: But they're not in -- it's not in that block. It's the next block up. Commissioner Winton: Well, that'll be the next block. The next block's going to be Gold Rush Way. Mr. Prieguez: Thank you very much, Commissioner -- Mr. Chairman, and thank you very much, Commissioner. I appreciate it. Chairman Teele: Johnny, I want to say this: 1 tell people all the time, you can take the archbishop down I th Street, and 1 guarantee you, you cannot determine where the adult facility is. Commissioner Winton: I agree. I'm not -- Chairman Teele: And those people have done an outstanding job of conforming with what the City put out as a standard, unlike the billboard industry -- Commissioner Winton: Absolutely. Chairman Teele: -- unlike, you know, what we've got with bus benches and bus shelters, and 1 would have no problem naming their parking lot Gold -- Commissioner Winton: Well, their parking lot -- Chairman Teele: -- what is it, Gold -- Commissioner Winton: Gold Rush Way. Chairman Teele: I have no problems naming the parking lot Gold Rush Way, if everybody -- Commissioner Winton: How about the street? Chairman Teele: -- will comply the way they've done, but not the street. CA.12 04-00778 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 2ND STREET FROM NORTHWEST 56TH COURT TO NORTHWEST 57TH COURT, MIAMI, FLORIDA, AS "TARAS SCHEVCHENKO WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00778-cover memo.pdf 04-00778-budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0481 Adopted the Consent Agenda City of Miami Page 24 Printed on /2/16/2004 City Commission Verbatim Minutes July 22, 2004 Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele CA.13 04-00801 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING A UNITY OF TITLE FOR LAND LOCKED PARCELS, IN SUBSTANTIALLY THE ATTACHED FORM, AS A REQUIREMENT FOR THE RECORDATION OF THE PLAT OF WATSON ISLAND -SOUTHWEST; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE UNITY OF TITLE; PROVIDING FOR THE RECORDATION OF THE UNITY OF TITLE IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 04-00801-cover memo.pdf 04-00801-exhibit-unity of title.pdf WITHDRAWN A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to WITHDRAW item CA.13. CA.14 04-00803 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING RESOLUTION NO. 03-948, ADOPTED SEPTEMBER 9, 2003, WHICH REESTABLISHED AND RECREATED THE COMMUNITY TECHNOLOGY ADVISORY BOARD ("ADVISORY BOARD") ,TO EXTEND THE SUNSET DATE OF THE ADVISORY BOARD FROM SEPTEMBER 9, 2004 TO SEPTEMBER 9, 2005, EFFECTIVE SEPTEMBER 9, 2004. 04-00803-cover memo.pdf 04-00803-exhibit-digital divide plan.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0504 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to TABLE item CA.14 for later this afternoon. Note for the Record: Item CA.14 was subsequently adopted. Chairman Teele: All right. Public Hearing Number -- Before we take that item up, didn't we have -- Peter? Joe Arriola (City Manager): Peter Korinis, yes. Chairman Teele: Didn't we have an item to extend the life of the Community -- of the -- don't we need to extend the sunset date of the Community Technology Board? Peter Korinis: Yes, Commissioner. Peter Korinis, Chief Information Officer. It expires on, I believe, September 9th and -- City of Miami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Did we do that in the consent agenda? Mr. Korinis: Yes, sir. Chairman Teele: OK, so we just -- Sylvia Scheider (Assistant City Clerk): No, I'm sorry. I have it tabled. Chairman Teele: We have that tabled. Ms. Scheider: Yes, so we need a roll call vote on that. Mr. Korinis: That might have been the one that Commissioner Winton -- Commissioner Winton: I'm sorry? Mr. Korinis: -- asked for. I'm not -- Chairman Teele: OK. Commissioner Winton, you pulled Item CA.14, which is the Community Relations Board. It's -- was pulled out of the agenda. Is there a motion to consider Item CA.14? Commissioner Winton: No, no. Chairman Teele: That's the item relating to -- Commissioner Winton: I only meant for discussion purposes, not -- Chairman Teele: That's what I'm saying. Commissioner Winton: Oh, OK. Chairman Teele: We need a motion to do that now. Commissioner Winton: OK. So move. Commissioner Gonzalez: Second. Chairman Teele: That's up for discussion, Item CA.14 Commissioner Winton: No, no. Well, actually, my questions were answered when we did this thing just now. I have no questions. I'm in favor of moving CA.14 forward Commissioner Gonzalez: OK, second. Chairman Teele: All right. So a motion to approve CA.14. How many years are we going to add to the life? Mr. Korinis: This just requests one year, sir. Chairman Teele: All right. Could we amend it and have two more years? Commissioner Gonzalez: We should Mr. Korinis: Yes, sir. Cary of Miami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: So move. Commissioner Regalado: Second. Chairman Teele: The goal was we don't want to have these boards that are not functioning -- Commissioner Winton: Right. Chairman Teele: -- and we're sunseting all boards so that if they're not functioning -- this happens to be one of the boards that -- Commissioner Winton: Yeah. Chairman Teele: -- probably ought to be moved into an ordinance status, but we're here now, so let's just do it this way; to amend it to accept a two-year extension on the life. Commissioner Winton: So moved Commissioner Gonzalez: Second, as amended Chairman Teele: All those in -- discussion, objections? All those in favor, say "aye.' The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Chairman Teele: Further discussion? Further -- Commissioner Winton: Yes, sir. Chairman Teele: -- withdrawals? Commissioner Winton: CA.10, 1 would also like to have discussion on. Chairman Teele: Are there any other items that anyone would like to pull from the consent agenda for discussion? Commissioner Winton: Yeah. CA.10 and 14, 1 want to have a discussion on. Chairman Teele: 10 and 14. Commissioner Winton: Yes. Chairman Teele: Any others? Commissioner Winton: And then, CA.11. Chairman Teele: What you want to do with that? Maria 1 Chiaro (Interim City Attorney): The administration is withdrawing CA.11. Commissioner Winton: They're withdrawing? OK. Chairman Teele: Well, hold on. City of Miami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: But we're going to make time for them -- Chairman Teele: Hold on. Commissioner Winton: -- or are they still here? Chairman Teele: On CA.10 and 14 to defer to later in the agenda today, is there a second? Is there objection? Commissioner Gonzalez: Second Chairman Teele: Second by Commissioner Gonzalez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed? Is there a motion to withdraw CA. 11 ? Ms. Chiaro: And CA.13. Commissioner Winton: So moved. Chairman Teele: Moved. Is there a second? Commissioner Gonzalez: Second Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Those items are withdrawn. Chairman Teele: Further discussions -- withdrawals or deferrals? If not, on the consent agenda -- Commissioner Winton: Move it. Vice Chairman Sanchez: Second. Chairman Teele: There's a motion to move the consent agenda -- Ms. Chiaro: Mr. Chairman. Chairman Teele: -- as amended. Madam Clerk, 1 think we have a technical amendment on CA.5. You want to read that into the record, sir? Glenn Marcos (Director, Purchasing): A resolution of the Miami City Commission -- Chairman Teele: Your name and title for the record. Mr. Marcos: I apologize. Glenn Marcos, Purchasing Director. The substitute for CA.5 reads as follows. The Resolution was read into the record by the Purchasing Director. Chairman Teele: In a word, all you're doing, I thought, was just amending one number or one -- City of Miami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Marcos: That is correct. It's just basically to reflect that the actual $200, 000 will be expended within fiscal year 2003/2004. Chairman Teele: All right. That's the substance of the technical amendment involving $200, 000 of one of the vendors in the subject matter. Mr. Marcos: It's actually for the whole -- for the actual total contract amount for this current fiscal year. Chairman Teele: All right. CA Number 5 is amended. In the package -- we have pulled from the package CA.2, 4, 10, 14, 11 and 13. Are there any other matters on CA (consent agenda) that needs to be discussed? Consent agenda item, CA. Hearing none, we have a motion and a second. Do we have further unreadiness? If not, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is unanimously adopted. END OF CONSENT AGENDA City of Miami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 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 D3.1 04-00832 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY TAKE ALL NECESSARY STEPS TO INITIATE THE PROCESS OF CODESIGNATING SOUTHWEST 16TH AVENUE BETWEEN SOUTHWEST 8TH STREET AND SOUTHWEST 12TH STREET, MIAMI, FLORIDA, AS "WIFREDO GORT WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. Motion by Vice Chairman Sanchez, seconded by Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0482 Chairman Teele: OK. While we're on streets, what about Willy Gort Way? Vice Chairman Sanchez: Thank you, Mr. Chairman. Chairman Teele: Item D3. 1. Vice Chairman Sanchez: It's a resolution of the City of Miami Commission directing the City of Miami to immediately take all necessary steps to initiate the process of co -designating Southwest 16th Avenue, between Southwest 8th Street and Southwest 12th Street, Miami, Florida, as A. W. Gort; further directing the City Manager to instruct the Director of Public Works to transmit a copy of the resolution to herein designated office. I don't -- A. W. Gort is the, of course, father of former Commissioner Willy Gort, a gentleman who had his business there for fifty -some years, if I'm not mistaken, and 1-- it is an honor for me to champion this, not only for the great respect that I have for Commissioner Gort, but for his father who I met and who has passed away, and I think he is well -deserving to have a street in this community named after him, and he's not a corporate company. Chairman Teele: Mr. Chairman, I'd like permission to -- for the privilege of seconding the City of Miami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 motion. I knew his father very well; a photographer, a person who made a profound impact on my life, and I would like to -- the -- I would like to second the motion. Commissioner Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: All opposed have the same right. Motion passes. Chairman Teele: All right. Commissioner Gonzalez:: Mr. Chairman. Chairman Teele: The Chair notes the presence of former Commissioner Gort, and we'd like to bring Commissioner Gort forward, if you would come forward, sir. Commissioner Sanchez, you're recognized. Vice Chairman Sanchez: Thank you, Mr. Chairman. We just passed legislation naming a street in Little Havana A. W. Gort, and Commissioner -- former Commissioner Gort is here to address the Commission, so you're recognized, Commissioner. Commissioner Wifredo Gort: Well, Mr. Chairman, Mr. Mayor, and the fine Commissioners, I want to thank you very much, but I want to explain the reason 1 asked Commissioner Sanchez to put this motion through. My dad came here in 1954, and he set up business in 1602 Southwest 8 th Street. At that time, 1 believe we were the only Hispanic business that was on 8th Street. In 1959, that studio -- it was Gort Studio, photography place -- became the embassy for all those new refugees and new immigrants that were coming into Little Havana. At that time, if you will recall, some of you that were here for a while, in order to get your license or to conduct any business in the City of Miami, you had to take a translator, so Gort Studio became the place where my dad would volunteer me to go with all his friends and do all the translations. 8th Street and 16th Avenue, I was raised there, but my dad really did a great job in helping a lot of people that today are very successful. That's the reason why I asked for the designation of 16th Avenue, between 8th Street and 9th Street Southwest. I want to thank all of you for voting in favor of it. Thank you very much and you all have a good day . Commissioner Regalado: Thank you. Vice Chairman Sanchez: Thank you so much. (Applause) Commissioner Regalado: If I may? And, really, 1 want to thank Commissioner Sanchez for bringing this item. I am very lucky that part of the naming will be inside District 4, and I just want to say that, in 1948, a pair -- Commissioner Gort: 1 wasn't born. Commissioner Regalado: I wasn't born, either, but in 1948, a pair of young reporters worked in the presidential palace in Cuba, representing Cuba's largest newspaper. A reporter and a photographer; the reporter was my father; the photographer was your father, and we have many memories. Actually, I have pictures of you when you were -- Commissioner Winton: In diapers. Commissioner Gort: When 1 had black hair? City of Miami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: In diapers. Commissioner Regalado: In diapers. Commissioner Gort: Thank you once again. Vice Chairman Sanchez: Willie -- Commissioner Gort: Thank you. Vice Chairman Sanchez: -- it is with great honor that we recognize a pioneer, and above all, your father -- I think everyone here knew your father was a great man, and it's with great honor that 1 championed this, and of course, it passed unanimously. We look forward to a wonderful ceremony to honor a great man in our community. Thank you -- Commissioner Gort: Thank you. Vice Chairman Sanchez: -- and may God bless you and your family. Commissioner Gort: Thank you very much. Thank you. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00757 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI- DADE COUNTY MANAGER AND THE MEMBERS OF THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TAKE ALL ACTIONS NECESSARY TO PROVIDE GREATLY NEEDED SERVICES FOR THE ELDERLY RESIDING IN PUBLIC HOUSING DEVELOPMENTS, SUCH AS HOUSING AND URBAN DEVELOPMENT ("HUD") BUILDINGS, WITHIN THE LIMITS OF THE CITY OF MIAMI. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0505 Chairman Teele: Now, we have a series of items relating to Commissioner Regalado. At this time, I will yield. Commissioner, you have D4. 1, 2, 3 and 4, and there are also supplemental items that 1 would recommend that we take up right after the break. Commissioner Winton: So, where are we now? Chairman Teele: Right now, we have the discussion items by Commissioners. There was only one discussion item by Commissioner Sanchez; there were none by you; there was one by myself and four by Commissioner Regalado, and there does not appear to be any by Commissioner Gonzalez either, so we're now positioned to hear Discussion Items D4.1, 2, 3 and 4. Commissioner Regalado: Thank you very much, Mr. Chairman. I'm -- I have been talking to City of Miami Page 32 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 former and current Miami -Dade County housing official, and there is a situation in many of the housing buildings where they have suspended the -- what they call the monitors program. These are residents who were paid $30 a month to knock on doors and ask the elderly residents how they feel, and this resulted in the different situations where people's lives were safe. There is also several programs who are running actually today in the County, and that can be implemented in the HUD (Department of Housing and Urban Development) buildings, so this is just a petition to Miami -Dade County Board of Commissioners to take all action necessary to provide greatly needed services for the elderly residing in public housing development, such as Housing and Urban Development, HUD, buildings within the City limits of the City of Miami, and this will be presented to a member of the County Commissioner for the September agenda, if this Commission chooses to approve this. Vice Chairman Sanchez: Second -- Commissioner Winton: I'll second it. Vice Chairman Sanchez: -- for the purpose of discussion. Chairman Teele: We have a motion and a second for discussion. Vice Chairman Sanchez: Discussion. You know, I'm -- as a Commissioner that houses more of these buildings, these adult HUD facilities, let me tell you that I'm also very concerned with the matter, and Commissioner Regalado, I'm glad you're bringing it out. There are several concerns that I'd like to put on the record that you need to be very aware of. One is that the County has not named or appointed a housing director as of today. They still have an interim director. I visit those buildings. I could tell you this much: They are in poor conditions, and I could tell you this much: There are some buildings that I have visited that I hope that my parents --1 would not let my parents live in them, and it's the complaints that we get -- and although these are housing facility for the elderly and there's a lot of need in our community, I think they deserve better than what they're getting, and 1 could take you to Robert King High, which is the biggest housing facility that I have for the elderly in my community, and it's just constant, constant complaint from the residents, and 1 call them residents because they live there, of many issues. My staff is working with the housing -- Dade County Housing. Of course, it's a County issue, not a City issue, but I could tell you that there is a lot of need, and we need to address that, because they call the County, they call the director of housing, they make their complaints, but they call us also asking for assistance, and 1 know that Smothers (sic) is outside of my district but 1 also visit and there are a lot of complaints. These buildings are old. These buildings -- I'm sure that all of them have air conditioning. At one time, they did not have air conditioning. I know that in Robert King High, we passed legislation here to provide air conditioning for them, but I just think that if you have that big responsibility to take care of these individuals, these are people that, you know, are old. They don't have 401s; they haven't had an opportunity to, you know, be as economically fit as some of us are, and they end up in the situation where they have to live with 300, $400 check social security, and it's pretty tough and, still, they don't need to be in that awkward situation where they have to constantly be begging for improvements to their apartments, so once again, Commissioner Regalado, I'm glad you've taken that leadership on and I'm very supportive of it. If I could assist you or assist the County Commissioner to address this concern and make sure that the proper emphasis is put on it, I'd be more than glad, but I'm glad you brought it out. You know, I was going to bring it out but you beat me to it. Commissioner Regalado: Well, you know, Joe, you know even better than me the needs of the people living in public housing, because you do have several public housing areas. Vice Chairman Sanchez: No. 1 have the most, by far. Commissioner Regalado: I know, but the thing is that for the last two years, every Monday, 1 City of Miami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 have been doing a special segment in my TV (television) program about public housing, and I have had a lot of presidents of associations and residents, and let me tell you, it is a crisis. For instance, in one building in Angel's district, there is 63 apartments are empty, half done, and the disabled have to be carried because the elevators are broken; have to be -- being carried by hand from the third floor to -- because wheelchairs cannot be moved because of elevators being broke. Just next month, in Johnny Winton's district, the UTD building is going to increase the monthly payment to the residents, all of them, social security and retired teachers, most of them by a hundred additional dollars. In Smather's plaza, is one of the most well kept because of the fact that it's been publicized in the media in the past, but the reason I bringing this is because on several HUD buildings in Perrine and Homestead, in the Redlands, all that south part of the County, they have several programs that could be implemented in the HUD buildings within the city limits of the City of Miami. They have the budget. They have the staff They have social workers. They have people with medical knowledge that visit those buildings. They have translators to fill applications and all that, and those services are not being provided within the City limits of the City of Miami. It's all in (UNINTELLIGIBLE), Unincorporated Miami -Dade County, so this is why I'm asking you to support this, because I think if we can get at least half of what the buildings in unincorporated areas are getting, we'll be OK here, and by the way --1 mean, you know, Joe's right, there's nothing we can do about it, but the HUD Department is in total disarray. Vice Chairman Sanchez: But 1 think it's important to show that the burden falls on the County. The County has the responsibility to provide those services, and I make it very clear when people call me complaining, that it's the County. They need to go see the County. They're responsible for that. We have responsibilities on other issues, but the County is the one that provides that service, and you know what? You've got to hold their feet to the fire. Maybe if it takes getting the media to go out there and do inspections in some of these buildings --1 mean -- Commissioner Winton: Yeah. Vice Chairman Sanchez: -- there was a building that they kept the roof open and people were going up there to jump from the building -- from the top of the roof Commissioner Winton: Yeah, call some surprise press conferences at some of these facilities. Vice Chairman Sanchez: And you know what? It's like always. You may have one or two people that complain, but when you go visit these sites and you have 40 people basically complaining about the same thing. You know, there's a problem, so -- Commissioner Regalado: OK. Vice Chairman Sanchez: Another big concern is, I don't know why they still have not named a Director of Housing for the County. I don't know if they're trying to find -- you know, it's a big problem when you have someone that's -- Commissioner Gonzalez: They're probably waiting for the elections, the mayoral elections. Commissioner Winton: OK, so -- Commissioner Regalado: Can I -- Commissioner Winton: -- should we call the question on your -- Vice Chairman Sanchez: Call the question. Chairman Teele: Call the question. Call the question. All in favor, say "aye." City of Miami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. D4.2 04-00817 DISCUSSION ITEM DISCUSSION CONCERNING PROVIDING THE USE OF THE CITY'S SHOWMOBILE AT THE FERIA DEL NINO Y EL BEBE EVENT TO BE HELD AT ROBERT KING HIGH PARK ON AUGUST 22, 2004. D4.3 04-00836 04-00817-cover memo.pdf A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to provide for the use of the City's showmobile at the Feria del Nino y El Bebe Event, which is scheduled to be held at Robert King High Park on August 22, 2004. Chairman Teele: Next item. Commissioner Regalado: Next item is the discussion concerning providing the use of the City's park showmobile for La Feria Del Nino, the Baby's Fair that is going to be held at Robert King High Park on August 22nd, the year -- Vice Chairman Sanchez: Second Commissioner Regalado: -- 2004. Commissioner Winton: Second Vice Chairman Sanchez: Second. Chairman Teele: Motion and second Is there discussion? Is there unreadiness? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. DISCUSSION ITEM DISCUSSION CONCERNING EARLY VOTING SITES. 04-00836-cover memo.pdf 04-00836-early voting schedule.pdf DISCUSSED Direction to the Interim City Attorney by Commissioner Winton to provide the Commission with a status report, by the Commission Meeting currently scheduled for July 29, 2004, as to the possibility of filing a lawsuit againt the State of Florida, the Florida Legislature, Miami -Dade County Elections Department and all necessary bodies, to ensure that early voting sites are made available to all electors in the City of Miami regardless of race, ethinicity or geographic location; Chairman Teele further requested that the outside counsel retained by the City Attorneys Office on this matter be present on July 29, 2004. Commissioner Regalado: Mr. Chairman, the last meeting is -- item is a discussion concerning the early voting site. As you remember, all the Commission authorized the City Attorney to file suit because of the lack of early voting sites in the City of Miami, especially in the Hispanic City of Miami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 areas. You all -- so the Supervisor of Elections here states on the record that none of the libraries in the City's mostly Hispanic areas were -- Commissioner Winton: Acceptable. Commissioner Regalado: -- acceptable for her, because it's at her discretion that she can name the library. One of the libraries not acceptable for her was the library in Flagami, 59 -- or 5009 West Flagler Street, and she said, "No, we cannot do it," and we have to accept that, and then we decided to file suit. Later on, she went before the County Commission and Commissioner Rebecca Sosa, District Commissioner number 6, who represents the Flagami area, heard the same thing and she said, "What? We've got to have an early voting site in Flagami," and the Supervisor of Elections said, "Yes, Commissioner, then we're going to have the Flagami --" Commissioner Winton: You're kidding. Commissioner Regalado: -- "public library for the primary of August 31 st -- Commissioner Winton: Wow. Commissioner Regalado: -- and November -- and the Presidential Election in November 2nd. " Commissioner Winton: That's disgraceful. Commissioner Regalado: It is, it is. Commissioner Winton: Disgraceful. Commissioner Regalado: It is. You know -- I mean, we've got to keep that legal action because -- Commissioner Winton: Bingo. Commissioner Regalado: -- it's not fair. It's not fair that she comes to a City that, you know, patronizes -- you guys, there is no way to do it, then turns around and she's confronted by a County Commissioner -- Commissioner Winton: And caves instantly. Commissioner Regalado: And -- immediately. I mean, we thank Rebecca. 1 mean, she really stood for the voters in Flagami, but that's not the issue. The issue is that we've got to get more early voting sites in the City of Miami, so Madam -- Chairman Teele: Do we have a report from the attorney on where we are on the lawsuit? Do you know where we are? Commissioner Regalado: 1 don't know where we are. Chairman Teele: 1 don't know where we are. Madam Attorney. Maria J Chiaro (Interim City Attorney): We have retained the law offices of Bruce Rogo in conjunction with Lida Taseff Rodriguez, who is working with some of the electors groups. We're currently investigating the causes of action that can be filed as directed by the City Commission. We have not yet filed a lawsuit. We're still doing the research to determine what actions can be taken legally, what types of lawsuit that is. It was my intention to bring to you a written report on the status at your next -- next Thursday, on the 29th, but we have not yet filed the lawsuit, and City of Miami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 are investigating causes of action against the -- Commissioner Winton: But you'll give us another update next week? Ms. Chiaro: Yes. Commissioner Winton: Great. Commissioner Regalado: Can 1-- we need -- Chairman Teele: I would also recommend that we have the two lawyers here. We'll bring them in at a time -- we won't burn up a lot of time, but let's shoot for the time in the afternoon, like 5 or 6 o'clock, and try to bring them in so we can have a very brief discussion. Commissioner Winton: That's a good idea. Chairman Teele: I want to be on the record as saying, 1 think we ought to try to negotiate this and not file a lawsuit, but if we file a lawsuit, I think we need to be sure we file it in Federal Court and not State Court, because there is a whole lot of provisions that require negotiations and special master, and a whole series of things that apparently very few people listen to, but you know, we could be in state court for the next 10 years trying to be heard on this, so 1 just want to make sure that they understand the difference between the state procedures that relate to this, and the federal procedures, and they need the to be able to discuss which way we're looking at going. Commissioner Winton: Well, it sounds to me like we have the right people that they've chosen to be on our team to give us guidance. Chairman Teele: Yeah, but, you know, the other thing is, we need to move forward if we're going to move forward,; otherwise, the election will be here -- Commissioner Winton: 1 agree, right. Chairman Teele: -- and it will be a great historical discussion. Commissioner Regalado, this is your action. Did you want to proceed in any way? Commissioner Regalado: Just a direction that you requested, to get a report. 1 will say also that a UM (University of Miami) law professor is also helping this team, and all of the members of this team believe that we do have a case, in terms of the Voter's -- Commissioner Winton: Is that right? Commissioner Regalado: -- Right Act, the federal law, so that's why -- Chairman Teele: The federal law didn't write that. Commissioner Regalado: You know, we -- this is not about the state and Glenda Hood and -- you know, it's the Bill of Right of the Voters Act has been violated here. Commissioner Gonzalez: All right. D4.4 04-00831 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,000, TO THE CORAL WAY MERCHANT ASSOCIATION TO SUPPORT THE FIRST City of Miami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ANNUAL ARTS & CULTURE FESTIVAL IN THE CORAL WAY AREA, SPONSORED BY THE LOCAL MERCHANTS AND CORAL WAY CULTURE, ARTS & MUSICAL EVENTS, INC., TO BE HELD AUGUST 21, 2004; ALLOCATING FUNDS FROM DISTRICT 4 SPECIAL EVENTS NON - DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0506 Chairman Teele: Next item. Commissioner Regalado: A resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $2, 000, to the Coral Way Merchants Association to support the first annual Arts and Cultural Festival in the Coral Way area, sponsored by the local merchants and the Coral Way Culture, Arts and Musical Events, to be held August 21, 2004; allocating funds from District 4 special events, non -departmental account code number 1.000.921054.6. 289. Vice Chairman Sanchez: Second. Chairman Teele: Is there discussion? Is there objection? All those iffavor, signer by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. D5.1 04-00798 DISCUSSION ITEM DISCUSSION REGARDING A LIVING WAGE ORDINANCE. 04-00798-draft legislation .pdf DISCUSSED Discussion on Item D5. 1 resulted in the First Reading Ordinance below: (D5.1) 04-00798a ORDINANCE Non -Agenda AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE, "AS AMENDED, BY AMENDING ARTICLE IV, ENTITLED "MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM," BY AMENDING SECTION 18-89 ENTITLED "CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS" TO CREATE A LIVING WAGE ORDINANCE;" PROVIDING FOR A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (NEED AGENDA PACKET) City of Miami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Motion by Chairman Teele, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to request that the City Manager, and the City Attorney, do a full economic analysis of the probable impact of the Living Wage Ordinance, and further, that the study and analysis include those cities and counties in the State of Florida that have a Living Wage Ordinance and the problems or the activities associated with said Ordinance and specifically include case studies of the impact of not having the Living Wage Ordinance on the public health system of Miami -Dade County; further requesting that said study be completed within 90 days and that the second reading for this Ordinance be considered at the Commission Meeting currently scheduled for November 11, 2004. Chairman Teele: I would like the -- if you would -- Mr. Chairman, 1 would like permission to bring up the Living Wage Ordinance for first reading, with the understanding that I'm asking that it be sent to a committee or a staff process for 90 days, that the economic impact and an economic analysis, as well as an analysis of the other cities and counties in the State of Florida that have this ordinance be done, and so, with our permission, Mr. Chairman, 1 would like to move D5.1 for first reading for the purpose of commencing those studies, and assuredly, if the studies do represent a significant financial impact, that 1 will take that under advisement at that time. Vice Chairman Sanchez: Second for the purpose of discussion. Commissioner Gonzalez: We have a motion and we have a second Discussion. Chairman Teele: Well, first, we have to have the ordinance read, though, and -- Vice Chairman Sanchez: Yeah. Chairman Teele: -- title. The Ordinance was read by title into the public record by the Interim City Attorney. Commissioner Gonzalez: OK. We have a motion and we have a second. Discussion. Vice Chairman Sanchez: Discussion. Chairman Teele: Public hearing. Commissioner Gonzalez: We have a public hearing. Anybody that wants to address the item? Anybody that wants to address the item, please come forward? OK. We close the public hearing Vice Chairman Sanchez: Discussion. Commissioner Gonzalez.: Discussion. Vice Chairman Sanchez: Commissioner -- Mr. Chairman, I think this is the appropriate way to go. I had some concerns added, and I'm glad to see that you're taking that approach. What we need to carefully -- although, some other cities have done it in many ways, I've heard a lot of complaints as to, at the end of the day, who ends up paying for this, it ends up being the City; it's not the companies, so I think it's the appropriate step that we're taking here to make sure that we do have a committee to come back with a recommendation. Of course, we don't do anything City of Miami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 without having the fiscal impact that it's going to have to the City, so as the way that you've put it out as a legislative ordinance, I'm prepared to support it on first reading, and of course, I'll make -- I think we'll all make an intelligent decision based on the recommendation we'll get back from the committee, and of course, the information provided to us by the administration. Commissioner Gonzalez.: All right. Further discussion. Being none, please call the roll. Sylvia Scheider (Assistant City Clerk): Commissioner Regalado? Commissioner Regalado: Yes. Ms. Scheider: Commissioner Winton? Commissioner Winton: What item are we on? Commissioner Regalado: Living wage. Ms. Scheider: D5.1. Commissioner Winton: Who? Commissioner Regalado: Living Wage Ordinance. Commissioner Gonzalez: D5.1. Commissioner Winton: Living Wage Ordinance we're on? Vice Chairman Sanchez: Yes. Commissioner Gonzalez: Living Wage Ordinance. Commissioner Winton: Oh, man. I didn't -- Commissioner Gonzalez: First reading. Ms. Scheider: Ordinance on first reading. Commissioner Gonzalez: First reading. Vice Chairman Sanchez: First reading. Chairman Teele: It's going for a 90-day study. Commissioner Regalado: He didn't know. He didn't -- Commissioner Winton: It's what, going for a 90-day -- Chairman Teele: Going -- if it's approved here, it goes to the management for a 90-day study. Commissioner Winton: So we're going to get real data back to understand what the implication of this decision would be? Chairman Teele: Right. Vice Chairman Sanchez: Exactly. City of Miami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: OK, so I'll only vote on this for first reading until 1 understand what the implications are. Ms. Scheider: Commissioner Teele? Chairman Teele: Yes. Ms. Scheider: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Scheider: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Scheider: Ordinance passes 5/0. Chairman Teele: Mr. Chairman, I would move that the Manager be requested, along with the City Attorney, to do an analysis, a full economic analysis, of the impact -- probable impact of the Living Wage Ordinance, and further, that the study and analysis include those cities or -- and counties in the State of Florida that have a Living Wage Ordinance, and the problems or the activities associated. I would specifically ask that the study include case studies of the impact of not having the Living Wage Ordinance on the public health system of Miami -Dade County, and specifically, when we hire a contractor and he doesn't pay a Living Wage Ordinance and he doesn't provide health benefits, what we're doing is subsidizing that contractor, because when those people get sick that work for him, they go over to Jackson; they get public support, and those contractors that do provide health benefits, who are paying for it, don't receive the same kind of subsidy, so I'm asking that that study be done -- that it be done within 90 days, which would be August, September -- at the end of October, and that we would take the matter up for second reading at the first meeting in November. 1 would so move. Commissioner Gonzalez: We have a motion. Commissioner Winton: Second. Commissioner Gonzalez: Do I have a second? Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: All opposed? Motion carries. Chairman Teele: Thank you, Mr. Chairman. City of Miami Page -J1 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PUBLIC HEARING PH.1 04-00772 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY AND UNITED ENVIRONMENTAL SERVICES OF SOUTH FLORIDA, TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00772-cover memo.pdf 04-00772-memo from Solid Waste.pdf 04-00772-public notice.pdf 04-00772-attestation of qualifications.pdf 04-00772- exhibit-agreement.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0484 Direction to the City Manager by Chairman Teele to prepare appropriate commendation for Kathleen Woods -Richardson, whose last day as Director of the Solid Waste Department will be on August 6, 2004. Chairman Teele: All right. Public Hearing Item Number 1. Gladys Fernandez: Thank you. Chairman Teele: Solid Waste Nonexclusive Franchise Agreement. This is a public hearing. Madam Director. Kathleen Woods -Richardson: Kathleen Woods -Richardson, Director of Solid Waste. Commissioners, this item is a resolution that approves the assignment of the franchise agreement that's required as a result of the sale of United Environmental to Choice Environmental. This item and this approval is based on the fact that all assignment requirements, all contract additions and all financial obligations that may be extended back to 1999 are met and complied with. This assignment is going to be effective for the current franchise period that extends from now until the end of September 30th this year. Chairman Teele; Have we already put out the new request for proposals? Ms. Woods -Richardson: 1t is also in this agenda today, sir. Commissioner Regalado: And, Mr. Chairman -- Chairman Teele: On this item only, yes, sir. Commissioner Regalado: -- was this discussed in the Solid Waste? Commissioner Gonzalez: Yes, sir. We had different meetings of the Solid Waste Committee, and City of Miami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 we went through the process of the applications and met with the different companies, and everybody was in agreement with the stipulations of the RFP (Request for Proposals), so everything was done according to the procedures of the Solid Waste Committee. Commissioner Regalado: So you're recommending that? Commissioner Gonzalez: 1 recommend approval. Chairman Teele: And thank you for that. I think it would be very good on the record if these things that go -- should go to committee that it's noted that they've been approved by the appropriate committee, Madam Director. Ms. Woods -Richardson: Thank you, sir. Chairman Teele: We have a motion to approve by Commissioner Gonzalez, and a second -- Commissioner Regalado: Second. Chairman Teele: Would you accept a friendly amendment, Commissioner? Commissioner Gonzalez: Yes, sir. Chairman Teele: Further providing that the Solid Waste Director must remain in her job for an additional year. Commissioner Gonzalez: 1 definitely accept the amendment for an additional two years. Chairman Teele: For an additional two years, OK. Commissioner Regalado: Mr. Chairman, if I -- Chairman Teele: Ms. Richardson, would you like to comment, just very briefly, on the news reports that you may be leaving the City. Ms. Woods -Richardson: Sir, generally, when we hear news reports, they're not accurate. In this case, it is true. I am going to be going back to the County, but I'm going back with a lot of reservations and hesitation. I've been to the City and this has been a wonderful, excellent experience for me. I want you to know that working for Mr. Arriola has been just that, a wonderful adventure. He is a very demanding boss, but I'm just awed to have been in the presence of his senior staff, where he requires excellence as a minimum requirement, and you have to do far, far above that, so I'm very, very happy to have worked with the City for this short period of time, and I'm positive that my experience with the City is not ending just because I'm going back to the County; that we'll be working very, very close together in the future. Chairman Teele: What is your last date, Ms. Richardson? Ms. Woods -Richardson: August 6th. I'll be reporting on August 9th to the County. Chairman Teele: A11 right. We're going to ask the Protocol Office to work with you for the July 29th meeting, Mr. Manager, if that's all right? All right. On the item, without any amendments, all those in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All those opposed? Madam Clerk, there were no amendments added to this item, all right? Maria J. Chiaro (Interim City Attorney): Mr. Chairman, 1 understand that language -- that the Director wished to add language to the -- to reflect that the approval was subject to -- Chairman Teele: Her language is in, but I'm saying there were no amendments from the Commission. Ms. Chiaro: OK, so it -- Chairman Teele: The language that she read in is the motion and then -- Ms. Chiaro: And it is -- it adds language that -- different from your packet; that -- Chairman Teele: Exactly. Ms. Chiaro: -- that's just what 1 wanted to make -- Chairman Teele: But her language is the motion, and that's what was moved and accepted. The language related to providing that she stays for an additional year, and then someone else said two years, is what we're trying to make sure that the motion doesn't include it. All right. Commissioner Gonzalez: All right. Chairman Teele: It's good to be wanted Commissioner Winton: Did we vote on this? Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? PH.2 04-00773 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "MURPHY ESTATES," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN " ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN" EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City of Miami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00773-04-00773-cover memo.pdf 04-00773-budgetary impact. pdf 04-00773-public notice memo.pdf 04-00773-public notice .pdf 04-00773-public works memo.pdf 04-00773-public works notice. pdf 04-00773-exhibit 1.pdf 04-00773-exhibit 2- tentative plat.pdf 04-00773-exhibit 3-report of plat.pdf . 04-00773-exhibit 4-legal description.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0485 Chairman Teele: All right. Public Hearing Item Number 2, accepting the plat of the Murphy Estates. This is a -- Commissioner Winton: So move. Chairman Teele: -- a public hearing. Commissioner Winton: Oh. Chairman Teele: Any person desiring to be heard should come forward. There are no persons coming forward There's a motion by Commissioner Winton. Vice Chairman Sanchez: Second. Chairman Teele: By Commissioner -- Vice Chairman Sanchez. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Opposed have the same right. PH.3 04-00774 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "RITZ SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN " ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE, AS SET FORTH IN " EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City of Miami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00774-cover memo.pdf 04-00774-budgetary impact.pdf 04-00774-public notice memo.pdf 04-00774-public notice .pdf 04-00774-public works memo.pdf 04-00774-public works notice.pdf 04-00774-exhibit 1.pdf 04-00774-exhibit 2-tentative plat.pdf 04-00774-exhibit 3-report of plat.pdf 04-00774-exhibit 4- legal description. pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0486 Chairman Teele: Public hearing on PH.3, accepting the plat of Ritz Subdivision. This is a public hearing. Any person desiring to be heard should come forward. Madam Director, you need to be able to tell us what we're doing, if necessary. Commissioner Winton: Whose -- Chairman Teele: There are no persons coming forward. Commissioner Winton: Whose district? Chairman Teele: The public hearing is closed. Whose district is this in? Stephanie Grindell (Director, Public Works): This is in district -- Commissioner Gonzalez: Commissioner Sanchez, I believe. Ms. Grindell: I'm not sure. Vice Chairman Sanchez: Which item is this? Commissioner Winton: Because this is -- Chairman Teele: Vice Chairman Sanchez, is this in your -- it doesn't matter. Would somebody move it? Commissioner Winton: Because -- the point that I just wanted to make -- and I was hoping that whoever's district it is, they ought to look at this. It is -- it's C-I and R-1 that's getting combined here in this plat, and so, I just want you to -- Vice Chairman Sanchez: Which is this is one, PZ (Planning & Zoning) what? Commissioner Winton: -- make sure, Joe, that you know and are comfortable with whatever they're planning to build here, so that you don't get backlash later. It may not be, but I couldn't figure that out well enough, and I've been told by the City Attorney that we have no obligation to approve these plats if -- and if it doesn't meet a public purpose, we have no obligation to approve these plats, so if -- in reverse, if it is contrary to public purpose and policy of this Commission, relative to how we want to redevelop neighborhoods, we do not have an obligation to approve these plats, so we have additional tools to control where we're going with some of these things. City of Miami Page -16 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 We don't want to use it unnecessarily, but we have the tool, and that's -- this may be a good thing, perfectly good thing. I just wanted to bring it to your attention, Joe. Vice Chairman Sanchez: All right. We'll vote -- Mr. Chairman, we're going to table this and we'll bring it back. Mario Garcia: Could I be recognized, please? Vice Chairman Sanchez: Yes, sir. Mr. Garcia: 1 represent the property owner. My name's Mario Garcia -Serra, the law firm of Greenberg Traurig. Property owner is Coral Ritz Properties, LLC. This alley closure was approved by the Commission back in 2001. This is a plat formalizing that alley closure. The reason we're seeking the alley closure, the alley doesn't lead anywhere. It was a scene, unfortunately, for vagrants and that sort of thing; homeless people sleeping and so forth, so we decided to seek the alley closure, and this is the replat which formalizes that alley closure. We have no -- Vice Chairman Sanchez: This is PZ3? Mr. Garcia: -- plans right now to develop this property. Commissioner Winton: Plans right now don't have anything to do with plans in the future. Vice Chairman Sanchez: Huh? Commissioner Winton: 1 said plans right now have nothing to do with what could come tomorrow, so I don't know -- I'm not -- Chairman Teele: Commissioner, what is your pleasure? Commissioner Winton: I'm not suggesting that I know anything about this, Joe. I'm just bringing it to your attention for you -- and I think you've probably done the right thing. You could look at it and bring it back, and well -- Vice Chairman Sanchez: OK. Commissioner Winton: -- make a decision. Chairman Teele: Motion to defer it for the -- Commissioner Gonzalez: Second Vice Chairman Sanchez: No, no, no. No, no, no. We're going to go ahead and move it. Commissioner Winton: Yeah. Chairman Teele: Huh? Vice Chairman Sanchez: I'm prepared to move it. So move. Commissioner Winton: OK. Mr. Garcia: Thank you very much. City of Miami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. PH.4 04-00785 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "SITELA SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-00785-cover memo.pdf 04-00785-budgetary impact.pdf 04-00785-public notice memo.pdf 04-00785-public notice .pdf 04-00785-public notice memo.pdf 04-00785-public works notice.pdf 04-00785-exhibit 1.pdf 04-00785-exhibit 2- tentative plat.pdf 04-00785-exhibit 3- report of plat.pdf 04-00785-exhibit 4- legal description.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0487 Chairman Teele: Next item. Madam Director. PH.4. Stephanie Grindell (Director, Public Works): PH.4 -- Chairman Teele: This is a public hearing. Anybody desiring to be heard on PH.4 should come forward. Commissioner Regalado: Mr. Chairman, this is District 4, 15th Street and 29th Avenue, and the purpose is to create two residential lots; is that the purpose? Ms. Grindell: Correct. Yes, correct. Commissioner Regalado: So why are we changing here? What can they build there if we change this? Ms. Grindell: What they can build is they can build two residences at this location. City of Miami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: What can they build now? Ms. Grindell: This is a portion of a one lot and a full lot that they are combining into two lots of different sizes. Commissioner Regalado: And -- so they're not able to build one house in the portion of the other lot? Ms. Grindell: Correct. Commissioner Regalado: And they want to build two houses? Ms. Grindell: Correct. Commissioner Regalado: OK. You -- I mean -- Chairman Teele: I think, you know, Commissioner Winton is has given us solid advice. These things that have just been as a matter of rule in the past, we need to be very thoughtful. We have a crisis developing with the way we're managing the development. It looks like we're yielding and bending to every developer's request and whim. We're not protecting the community, and there's no reason to do a lot of the things we're doing, unless it's a valid public purpose, and that doesn't mean just because they meet the legal intent, and by the way, on Gold Rush, they requested, three times with three different lawyers, to change -- to close the alleyway behind their business, which they own both sides of and I've told all three lawyers that 1 will not support it because we need that roadway for the traffic egress and ingress, and property owners are not looking out for the City. They're looking out for what's in the best interest of their company, and --I mean -- Commissioner Winton: Right. Chairman Teele: -- since we brought that up earlier today, so we need to be very careful in how we approve and approach it, and the District Commissioners are who we're going to listen to on this, so who's the Commissioner and who's moving it? Commissioner Winton: Commissioner Regalado. Chairman Teele: You're moving it? Commissioner Regalado: Well, I want to understand because 1 read the backup, but I've never received a precise -- Chairman Teele: Could we defer it then? Commissioner Regalado: No, no, no. I -- what you're saying, Stephanie, is that only residential houses -- Commissioner Winton: Only single-family residential can go there. Commissioner Regalado: -- single-family can be built there; that's what you're saying. Ms. Grindell: That is my understanding, yes. Commissioner Regalado: I'm sorry? City of Miami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: What do you mean your -- Ms. Grindell: That is my understanding, yes. Commissioner Regalado: OK. I'll move the item. Commissioner Winton: But, wait, wait, wait. Commissioner Gonzalez: Second. Commissioner Winton: That is not a good answer. "Your understanding" cannot be the answer. It has to be the fact or it's not. It can't be you understand it that way. It needs to be the fact. Ms. Grindell: Well, the area is zoned R-1. Commissioner Winton: OK, so -- Ms. Grindell: So, yes. Commissioner Winton: -- stand up and -- Ms. Grindell: So, yes, they -- Commissioner Winton: -- put your real information on the record; don't waffle. Ms. Grindell: OK. Commissioner Regalado: So -- Commissioner Gonzalez: In addition to that, the size of the lot has a lot to do with what you can build. Commissioner Winton: Yes, and -- Commissioner Gonzalez: But you can't (INAUDIBLE). Commissioner Winton: And I'll tell you, Commissioner Regalado, if -- I just looked at the plat map and it looks rational to me, in terms of what they're trying to do. Commissioner Regalado: I move -- Commissioner Winton: It does not look irrational. Commissioner Regalado: -- the item, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Teele: We have a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The last one is PH (Public Hearing) -- Commissioner Regalado: PH5, we did it. City of Miami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: PH what? Commissioner Gonzalez: PH.6. Chairman Teele: We've done it. PH 6 is after 3 o'clock. PH.5 04-00786 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE PLAT ENTITLED "MATISSE SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 04-00786-cover memo.pdf 04-00786-budgetary impact.pdf 04-00786-public notice memo. pdf 04-00786-public notice .pdf 04-00786-public works memo.pdf 04-00786-public works notice.pdf 04-00786-exhibit 1.pdf 04-00786-exhibit 2- tentative plat.pdf 04-00786-exhibit 3-report of plat.pdf 04-00786-exhibit 4-legal description. pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0483 Chairman Teele: Commissioners, are there any matter that anyone would like to take up? I've been advised that we have, from Commissioner Winton's district, an item relating to PH.5, accepting a plat, and if -- with your permission, I'd like to ask the City Attorney to read PH.5 into the record and have a public hearing. Commissioner Winton: What is PH.5? Chairman Teele: Is that correct? Huh? Oh, but y'all are moving it. Y'all better know what y'all -- don't instruct me -- All right. PH 5. This is a public hearing. Any person desiring to be heard on Public Hearing Item Number 5 -- Where's the Public Works Director? -- should come forward. Yes, ma'am. This is a public hearing. Stephanie Grindell (Director, Public Works): Stephanie Grindell. Chairman Teele: Are there any persons coming forward? Are there any persons coming forward? Somebody better come forward and say they had a flight to catch. We're moving the whole government around your time schedule. Coy of Miami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Well, I'm -- Clara Fernandez: Thank you. Chairman Teele: Welcome. Give us your name and address for the record. Ms. Fernandez: OK. Clara Fernandez, Caribbean Land Surveyors, 11865 Southwest 26th Street. Sidney Brodie: Sid Brodie, 7270 Northwest 12th Street. Commissioner Winton: Well -- Chairman Teele: All right. This -- Commissioner Winton: I'm not sure that I want to move this to the front of the agenda. I have serious concerns about this, so I'm going to be asking the City Attorney about the law related to plats, but as written in here, I think this says that this plat creates a 16,000 square foot site, where they're going to build 40 units on it, surrounded by R-1, and 1 got serious problems with that, and 1 don't know what rights we have relative to approving plats, but if the written part is correct, where you're going to have a 16,000 square foot site surrounded by R-1 and build 40 units on it, I'm going to do everything in my power to block that. Commissioner Regalado: Where's that? Chairman Teele: All right. This is a public hearing, and now we've got the reason why it's up. We would recess this item and ask the staff -- Commissioner Winton: Yes. Chairman Teele: -- to meet with the applicants and come back whenever you all are ready. Commissioner Regalado: Where is that address? Could you -- Commissioner Winton: It's in -- we'll have to see. PH.5. Ms. Grindell: It's on the corner of Southwest 26th Terrace and Southwest 37th Avenue. Commissioner Regalado: I'm sorry? Ms. Grindell: Southwest 26th Terrace and Southwest 37th Avenue. Commissioner Regalado: That's your district, Johnny. Commissioner Winton: Yeah. I think she's right, and I was looking at it last night, and maybe I'm looking at something incorrectly, but that's why I wanted to meet with the City Attorney and Planning staff to understand, but if it is as described -- and the paragraph says the specific intent of this plat is to create one tract for the construction of a 40-unit multifamily building, and if you go to the aerial in here -- where'd that go? Well, there wasn't an aerial, but on the plat map, it shows to be surrounded by single-family residential and that's a huge problem. Mr. Brodie: Commissioner, it is on the avenue. It does front on the avenue. Commissioner Winton: Right. City of Miami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Brodie: Directly across the street -- Commissioner Winton: We -- I understand that part clearly, but it is surrounded by single-family residential. Mr. Brodie: There are some residential in the back. Commissioner Winton: Well, this -- Mr. Brodie: (UNINTELLIGIBLE). Commissioner Winton: -- gets to the heart of the very issue that we've all talked about, where all the hue and cry has come from, where you have these corridors where they're building high-rise buildings right up against single-family neighborhoods, and this is one that's surrounded by single-family neighborhoods, and it isn't even one of those corridors, so I -- Mr. Brodie: I respectfully disagree with you, Commissioner. Commissioner Winton: Well, we're not going to get -- Chairman Teele: Well, this isn't the time to do that. Commissioner Winton: Yeah. Chairman Teele: You'll get -- you will have a full time to disagree -- Commissioner Winton: Yeah. Chairman Teele: -- with him, me and everybody else, but first you've got to work it over with the staff Mr. Brodie: Be glad to. Chairman Teele: OK. Commissioner Winton: Yeah. Chairman Teele: And while you're here -- Commissioner Winton: And we will hear you, the full argument. Chairman Teele: -- today, we'll hear you before your 1 o'clock flight. Mr. Brodie: Thank you. Chairman Teele: Item D -- Public Hearing, PH.5. Public Hearing, PH5. This is a public hearing. Again, any person desiring to be heard on the public hearing should come forward Yes, ma'am. Yes, sir. Gladys Fernandez: OK. Gladys Fernandez -- Chairman Teele: Your name and address for the record. Commissioner Winton: I'll move PH.5. City of Miami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Is there -- Commissioner Gonzalez: Second. Chairman Teele: Is there further discussion from the public on PH. 5? Are there any other persons here? There are none. The public hearing's closed. We have a motion by Commissioner Winton; second by Commissioner -- Commissioner Winton: This item is -- this location is not where I thought it was. There wasn't adequate aerials in -- or there was no aerial in the package, so I couldn't figure out where it was . I thought it was somewhere else. It is not where 1 described it was. It is not surrounded by single-family residential, so I have no objection, which is the reason I'm moving the item. Chairman Teele: All right. We have a full explanation. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Sylvia Scheider (Assistant City Clerk): I'm sorry -- Chairman Teele: The item -- Ms. Scheider: -- Mr. Chairman. 1 need a seconder on that. Commissioner Gonzalez: I second. Chairman Teele: The motion was made by Commissioner Winton and second by Commissioner Gonzalez. Ms. Scheider: Thank you. 3:00 P.M. PH.6 04-00812 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS, IN AN AMOUNT NOT TO EXCEED $500,000, FROM THE DISTRICT 4 HOUSING PILOT PROJECT; ALLOCATING SAID FUNDS TO THE MDHA DEVELOPMENT CORPORATION FOR THE DEVELOPMENT OF THE SMATHERS PLAZA, AN ASSISTED LIVING FACILITY. 04-00812-cover memo.pdf 04-00812-public notices.pdf 04-00812-pre legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0499 Chairman Teele: Now, we have the public hearing for those items that were set for 3 o'clock today. Madam Public -- Madam Director of Community Development. City of Miami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Barbara Rodriguez: Barbara Rodriguez, Director of Department of Community Development. PH. 6, and basically we are requesting recommendation to transfer $500, 000 from the District 4 Housing Pilot Project to the Miami -Dade Housing Agency Development Corporation for the Smathers Plaza and Assisted Living Facility. 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 Regalado: Mr. Chairman -- Commissioner Winton: What item is this? Commissioner Regalado: --1 move to -- It's PZ (Planning & Zoning) -- PH.6. 1 move to approve the staff recommendation. Chairman Teele: There's a motion to approve the staff recommendation. Commissioner Gonzalez: Second. Chairman Teele: There's a second. Is there discussion or objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. City of Miami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ORDINANCES - SECOND READING SR.1 04-00466 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING SECTIONS 35-341 TO 35-347, IN ITS ENTIRETY OF ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CODE") ENTITLED: PARKING FACILITIES SURCHARGE, AND REPLACING IT WITH NEW SECTIONS 35-341 TO 35-347, AMENDING THE CODE PROVIDING FOR THE IMPOSITION AND COLLECTION OF A PARKING FACILITIES SURCHARGE AT THE RATE OF FIFTEEN PERCENT (15%) OF THE AMOUNT CHARGED FOR THE SALE, LEASE, OR RENTAL OF SPACE AT PARKING FACILITIES WITHIN THE CITY OF MIAMI; PROVIDING DEFINITIONS; SETTING FORTH PROCEDURES FOR COLLECTION AND PROVIDING PENALTIES FOR NONCOMPLIANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR INCLUSION IN THE CITY CODE. 04-00466-cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, 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 12563 Direction to the City Manager by Chairman Teele to have a discussion later today on the accomplishments of our lobbying team one year ago. Chairman Teele: SR.1. Commissioner Gonzalez: I'll move SR.1. Chairman Teele: Can we get it read into the record, Madam Attorney? The Ordinance was read by title into the public record by the Interim City Attorney. Maria J. Chiaro (Interim City Attorney): This item is the codification of the referendum issue that was approved by the voters to have a parking facility surcharge at 15 percent. There are a few corrections to the body of the ordinance that are procedural corrections, but not such since they have been the typographic, and the title remains the same. Commissioner Winton:: So moved. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Commissioner Regalado: Second. Chairman Teele: There are no persons coming forward. We have a motion. We have a second. Do we have discussion? Madam Attorney, did you want to put anything else on the record? Ms. Chiaro: No, sir. City of Miami Page 56 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All right. Mr. Manager, now this is a result of the legislation. We're repealing this and we're replacing it with what? Ms. Chiaro: You are repealing your previous 20 percent surcharge -- Chairman Teele: Right. Ms. Chiaro: -- and enacting a 15 percent surcharge, consistent with legislation that was approved by the Florida Legislature, and the -- Chairman Teele: That's the point where I am. The Legislature when? Was that last year? Commissioner Winton: Yeah. Ms. Chiaro: Yes, sir. Year before. Chairman Teele: OK, and Mr. Manager, 1 would like to have a discussion later -on today about our lobbying team, because I do think that we owe a real debt of gratitude to the lobbying team a year ago. I'm not talking about this past year. Joe Arriola (City Manager): No, sir. It's the prior year. Chairman Teele: That's what I'm saying. This is -- this didn't happen during the current session that ended in June or May. This happened the year before, and 1 would like to have a discussion about where we are with the lobbying team, but 1 want to acknowledge that, a year ago, we had tremendous results. 1 don't know what our results were this year, but I assume that they were celebrating the tremendous victory, because this represents a major stabilizing -- has a stabilizing impact on our city, so it -- if it's convenient later on today, we'd like to do that. On the ordinance, is there further discussion? Madam Clerk. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): The ordinance passes second reading, 4/0. SR.2 04-00468 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED: "ADMINISTRATION//BOARDS, COMMITTEES, COMMISSIONS," CHAPTER 35/ARTICLE V, ENTITLED: " MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND" AND CHAPTER 54/ARTICLE IX, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT" TO ABOLISH THE EXISTING COCONUT GROVE PARKING ADVISORY COMMITTEE AND THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE, AND SUBSTITUTE IN LIEU THEREOF, A NEW DIVISION 17 TO ARTICLE XI OF CHAPTER 2, ENTITLED "COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE" ("BIC"), TO SET FORTH THE PURPOSE, POWERS, APPOINTMENTS, QUALIFICATIONS, APPROVAL OF BUDGET, AND ANNUALLY PROVIDING FOR SUNSET REVIEW, MORE PARTICULARLY BY DELETING SECTIONS 35-223 AND SECTION 54-342, AND SUBSTITUTING IN LIEU THEREOF, A NEW DIVISION 17, NEW SECTIONS 2-1250 THROUGH 2-1255 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00468-cover memo.pdf 04-00468-leg islatio n. pdf 04-00468 - Memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez 12564 Chairman Teele: Madam Attorney, would you read SR.2 into the record? The Ordinance was read by title into the public record by the Interim City Attorney. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There appear to be no persons coming forward. Commissioner Winton. Commissioner Winton: Yes. I've been asked by the community to add one more nonvoting community representative. Is that a substantive change? Maria J Chiaro (Interim City Attorney): No, sir. Commissioner Winton: OK, so I would move the motion with the modification that we add one more nonvoting community representative. Vice Chairman Sanchez: Second Chairman Teele: This is -- Commissioner Regalado: Second. Chairman Teele: -- on first reading, right? Commissioner Winton: Second. Ms. Chiaro: Second reading. Commissioner Regalado: Second reading. Chairman Teele: This is second reading, OK. All right. As amended, we have a motion, as amended. Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): Ordinance passes second reading, 4/0. City of Miami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ORDINANCE - FIRST READING FR.1 04-00734 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO DEVELOPMENT IMPACT FEES; AMENDING CHAPTER 13, SECTIONS 13-2(B)(3), 13-2(B)(4), 13-5, 13-6(3) AND 13-6(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE IMPACT FEE EXEMPTION DESIGNATION AREAS FOR ALL DUPLEX AND RESIDENTIAL DEVELOPMENT FROM "COMMUNITY DEVELOPMENT TARGET AREAS" TO THE NEWLY CREATED COMMUNITY DEVELOPMENT DEPARTMENT CLASSIFICATION OF "NEIGHBORHOOD DEVELOPMENT ZONES;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2004. 04-00734-cover memo.pdf 04-00734-public notice.pdf 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 Direction to the City Manager by Chairman Teele to schedule the second reading of item FR.1 as a public hearing and to publicly notice this with a sign as part of the community development package. Chairman Teele: FR.1. The Ordinance was read by title into the public record by the Interim City Attorney. Chairman Teele: Who's the staff on this, Mr. Manager? I would appreciate if you all would get your staff directors to please be -- you know, we're trying to move this agenda. Go right ahead, Ms. Attorney. Commissioner Winton: And, Mr. Chair, to your point, I want to understand what this means. I don't understand it, so 1 want to understand what's really at work here. Chairman Teele: All right. Madam Director, Madam Director. Are you standing in for the director? Laura Billberry (Assistant Director, Economic Development): I didn't hear -- I'm sorry. 1 didn't hear the question. Chairman Teele: Your name and address -- your name and title for the record, please. Ms. Billberry: Lori Billberry, Economic Development. Commissioner Winton: I don't know what we're -- what's happening here? 1 don't understand Ms. Billberry: This is to -- FDOT (Florida Department of Transportation) has surplus two properties off of Northwest 7th Avenue -- Commissioner Winton: FDOT? This doesn't have anything to do with FDOT City of Miami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Billberry: OK. Then I'm sorry. I jumped ahead. Joe Arriola (City Manager): It's FR.1, guys. This is Barbara's item. Barbara Rodriguez (Director, Community Development): I was here, but you've been changing around. This is basically changing the name of the target areas to the -- Chairman Teele: Why don't you tell us your name. Ms. Rodriguez: Barbara Rodriguez, Director of Department of Community Development. And this is not changing the ordinance, at all. It's just changing the name that we currently call target areas to the new -- Commissioner Winton: Got it. Ms. Rodriguez: -- development zones. Commissioner Winton: So moved Vice Chairman Sanchez: Second Chairman Teele: Is there a discussion? Is there objection? Madam -- Sylvia Scheider (Assistant City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Scheider: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Scheider: Commissioner Winton? Commissioner Winton: Yes. Ms. Scheider: Chairman Teele? Chairman Teele: I'm going to vote yes, but somebody needs to make sure that when this thing comes up on second reading, it's a part of a public hearing that's noticed with the CD ( Community Development) package, that has a sign. Now we committed, in our ordinances -- in our new CD plan that we would have a sign of anything related to community development, right? This ordinance should be a part of that package. It's a meaningless action right now for first reading, but for second reading, let's make sure it's treated in the CD package. I'm going to vote yes. It's a substantial change, by the way. It's a substantial format change, not substantive change, because all the references -- and we keep talking about the CD target area and all of that -- will be changed. It's another name -- nomenclature, but it really -- we need to make sure the public knows what we're doing. Thank you. City of Miami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 RESOLUTIONS RE.1 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, 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 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-04-0488 Chairman Teele: All right. REs 1 and 2, and 3, and 4, and 5, and 6, and 7, and 8 and 9, so could we get the staff on all the REs, 1 through 10, out here, please? RE.1. Commissioner Winton: Move it. Chairman Teele: Is a second? Vice Chairman Sanchez: Second. Chairman Teele: Staff would you explain what we're doing? Laura Billberry (Assistant Director, Economic Development): This is to accept two surplus properties from FDOT (Florida Department of Transportation) for use by the City. City of Miami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Where are they located? Ms. Billberry: The lots are off of Northwest 7th Avenue. The first -- Commissioner Winton: This is probably one I shouldn't have moved. Ms. Billberry: The first one is between 19th Terrace and Northwest 20th Street. Commissioner Winton: Just for payback. Chairman Teele: 19th Terrace and what? Ms. Billberry: 20th Street, and the second one is between Northwest 15th Street and 17th Street, adjacent to 1-95, just off of 7th Avenue. Commissioner Winton: My motion stands. Chairman Teele: Has this been discussed with Commissioner Gonzalez? Ms. Billberry: Yes, it has, sir. Chairman Teele: Are both of these lots in Commissioner Gonzalez', or is one of them in mine? Ms. Billberry: I -- Chairman Teele: We have a motion and a second. I'm assuming -- Commissioner Winton: Are they both in your district? I think they're both in your district. Chairman Teele: I thought one was in my district and one was in Angel's -- Commissioner Winton: Because one of them -- Chairman Teele: -- but no one discussed it with me. Commissioner Winton: One's on the west side of 7th Avenue? Ms. Billberry: I'm sorry. I could not hear you. Commissioner Winton: Is one of the west side of 7th Avenue? Ms. Billberry: They're both on the east side of 7th Avenue. Commissioner Winton: That's what 1 thought. That's all your district, right, Commissioner Teele? Chairman Teele: I thought it was 19th Avenue. Ms. Billberry: No, 19th Street. Chairman Teele: OK. Ms. Billberry: Terrace. City of Miami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.2 04-00616 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE ("PAL") PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $559,495.84; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 04-00616-cover memo.pdf 04-00616-affidavit.pdf 04-00616-budgetary impact.pdf 04-00616 - submittal.pdf 04-00616 - police summary.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0489 Chairman Teele: Police Athletic League Program. Is there a motion? Commissioner Winton: So move. Vice Chairman Sanchez: So move. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second Chairman Teele: Is there objection? You want -- Director, you want to -- Commander, you want to tell us exactly what we're doing? Commander Steven Caceres: Commander Steven Caceres, City of Miami Police. This is to accept LETF (Law Enforcement Trust Fund) funds -- Chairman Teele: What's your position -- Commander, what's your position? Commander Caceres: Commander of Coconut Grove. Chairman Teele: Commander of? Commander Caceres: Coconut Grove. This is money from LETF to fund PAL (Police Athletic League) for 2004. Chairman Teele: How much money are we talking about? City of Miami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commander Caceres: Talking about 549,000 -- 50 -- 559 -- Commissioner Winton: 559,495. Commander Caceres: -- 495.84 Chairman Teele: All right. We have a motion and a second. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. RE.3 04-00709 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE PROCUREMENT OF A NEW FIRE -EMS RECORDS MANAGEMENT SYSTEM ("RMS") FROM TIBURON, INC., UTILIZING AN EXISTING CONTRACT, PURSUANT TO REQUEST FOR PROPOSALS ("RFP ") NO. 220009530 FROM THE CITY OF KANSAS CITY, MISSOURI, FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), AT A FIRST YEAR AMOUNT NOT TO EXCEED $607,276, WITH AN ADDITIONAL 10% FOR FIRE -RESCUE'S ALLOWANCE TO EXPEND FOR UNFORESEEABLE CIRCUMSTANCES, FOR A TOTAL AMOUNT NOT TO EXCEED $668,003, INCLUDING ALL SOFTWARE, SYSTEM IMPLEMENTATION PLANNING, AND ONE-YEAR MAINTENANCE AND SUPPORT SERVICES, WITH THE OPTION TO EXTEND PRODUCT SUPPORT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH AN ANNUAL MAINTENANCE COST CAPPED AT AN AMOUNT NOT TO EXCEED $43,109 FOR YEAR 2, WITH OPTIONAL YEAR INCREASES LIMITED TO NO MORE THAN 5% PER YEAR FOR YEARS 3 THROUGH 5, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $853, 809; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRE -EMS RMS, SOFTWARE AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), SETTING FORTH THE TERMS AND CONDITIONS CONCERNING THE USE OF SAID FIRE -EMS PROGRAM BY THE CITY OF MIAMI ("CITY"); ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 313303, B-72806, ENTITLED "FIRE DEPARTMENT COMPUTERS AND COMMUNICATIONS," IN THE AMOUNT NOT TO EXCEED $607,276, WITH A CONTINGENCY RESERVE NOT TO EXCEED $60,727, FOR THE INITIAL PURCHASE NOT TO EXCEED $668,003; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $185,806 , TO COVER COSTS FOR MAINTENANCE AND SUPPORT SERVICES FOR YEARS 2, 3, 4, AND 5, FROM VARIOUS CIP ACCOUNTS, AND FIRE - RESCUE'S OPERATING BUDGET, SUBJECT TO BUDGETARY APPROVAL. City of Miami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 City of Miami 04-00709-cover memo.pdf 04-00709-budgetary impact.pdf 04-00709-price summary.pdf 04-00709-tiburon software and sevices.pdf 04-00709-equipment and software.pdf 04-00709-5 year pre paid plan.pdf 04-00709-payment schedule.pdf 04-00709-price summary 2.pdf 04-00709-tiburon software and sevices 2.pdf 04-00709-equipment and software 2.pdf 04-00709-estimated prices.pdf 04-00709-Kansas City RFP.pdf 04-00709-Kansas City RFP 2.pdf 04-00709-Kansas City RFP 3.pdf 04-00709-syst. implementation agreement.pdf 04-00709-pre legislation.pdf 04-00709-pre Kansas City ordinances.pdf 04-00709-award under Kansas City.pdf 04-00709-exhibit 1- license agreement.pdf 04-00709-exhibit 2- support agreement.pdf 04-00709-exhibit 3- implementation agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0490 Chairman Teele: RE.3. Is there a motion? Commissioner Winton: So -- motion for discussion. Commissioner Regalado: Second. Chairman Teele: For discussion. Procurement of EM (emergency) records management. Peter. Peter Korinis: Mr. Chairman -- Peter Korinis, Chief Information Officer. RE.3 is the procurement of a records system for the Fire Rescue, a new computer system that will work with the Motorola system that you'll see in RE.4, which is a computer -aided dispatch and records system for the police, as well. These two are companion items. They are both piggybacked -- I'll talk about RE 3 first; that's a piggyback off of the Kansas City, Missouri contract and Purchasing Director has reviewed that and feels that that's appropriate. This system will replace the 20-year-old records system that's current -- that's been in use now for the Fire Rescue, and will provide new capabilities, as well as the ability to get upgrades provided by the vendor as we move forward. Were there specific questions, Commissioner? Commissioner Winton: Now, we're moving to bring operational the 311 system. Is there any connectivity between 311 and a records keeping system like this? Mr. Korinis: These -- Commissioner Winton: First of all, is there a need --1 guess the question is, is there a need? And if there is a need, is there connectivity? Mr. Korinis: These are basically the 911 kinds of calls, which are the non -emergency, and of Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 course, the 311 is targeted at the non -emergency kind of calls, so there's a relationship, but there're really two levels of severity and criticality, and in fact, they're both Motorola systems. The 311 system that the County has procured that we will use is Motorola's comparable system. Commissioner Winton: But the value of 311 relates to recordkeeping and tracking, and I'm assuming that's what you're -- recordkeeping, tracking are two things that seem to me to be virtually -- that are tied -together functions, and so, I want to know if these things link. Mr. Korinis: Yes, sir. The 311 system will have its own database of records of the non - emergency type, just like this Tiburon system for Fire and the Motorola system for Police will have the 311 kinds of records for various criminal activity of a more emergency nature and they will interface to one another. Commissioner Winton: That's the key question -- Mr. Korinis: Yes, sir. Commissioner Winton: -- because they -- because -- not interfacing is a crucial issue because data's the thing that makes us -- that gives us the ability to improve performance to change policies, to change procedures, and it's our ability to connect these different data points that will allow us to crunch numbers in a different way that's going to make -- allow us to find where we're making -- where we weren't doing as well and where we can do better, and I just want to make sure these are linked. Mr. Korinis: Yes, sir. That -- and that's exactly the way we're doing it. The Police and Fire will be linked, as well as to the 311 system. Commissioner Winton: Great. Thank you. So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. RE.4 04-00710 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE PURCHASE OF A PUBLIC SAFETY TECHNOLOGY ENHANCEMENT PROGRAM, CONSISTING OF A COMPUTER AIDED DISPATCH SYSTEM ("CAD"), LAW RECORDS MANAGEMENT SYSTEM (" RMS" OR "LRMS"), AND A PREMIER MOBILE DATA COMMUNICATIONS SYSTEM ("PMDC") FROM PRINTRAK INTERNATIONAL, INC., A WHOLLY OWNED SUBSIDIARY OF MOTOROLA, INC., FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE, UNDER AN EXISTING MIAMI-DADE COUNTY REQUEST FOR PROPOSALS NO. 317; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $6,678,803, FOR A PERIOD NOT TO EXCEED TWO YEARS, UNTIL THERE IS SUCCESSFUL IMPLEMENTATION AND A FULLY OPERATIONAL CAD, RMS OR LRMS, AND PMDC SYSTEM, INCLUDING ITS RESPECTIVE FIRST YEAR WARRANTIES, AND AN ADDITIONAL 5% OF THE NOT TO EXCEED AMOUNT OF $6,678,803, FOR AN OWNER'S ALLOWANCE TO EXPEND FOR UNFORESEEABLE CIRCUMSTANCES, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $7,008,803, AND A FIVE-YEAR MAINTENANCE City of Miami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 AGREEMENT AT AN INITIAL FIRST YEAR COST NOT TO EXCEED $476,000 , WITH INCREMENTAL ANNUAL INCREASES NOT TO EXCEED 5% OF THE FIRST YEAR COST FOR YEARS TWO (2) THROUGH FIVE (5) AND OPTIONAL MAINTENANCE YEARS, WHICH AT THE CITY OF MIAMI'S (" CITY'S") SOLE DISCRETION, MAY BE EXTENDED FOR FIVE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE COPS MORE 98 GRANT, ACCOUNT CODE NO. 142025.290512.6.840, IN AN AMOUNT NOT TO EXCEED $5,885,593.31, AND FROM THE FIRE FEE, ACCOUNT CODE NO. 313302.289301.860 AND/OR ACCOUNT CODE NO. 313303.289401.840, IN AN AMOUNT NOT TO EXCEED $1,123,209.69; ALLOCATING FUTURE FUNDS FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, 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. 04-00710-cover memo.pdf 04-00710-budgetary impact.pdf 04-00710-memo from ITD.pdf 04-00710-award under miami dade.pdf 04-00710-exhibit 1-system agreement.pdf 04-00710-exhibit 2- list of pricing.pdf 04-00710 - submittal.pdf 04-00710 - substitute back-up.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0491 Chairman Teele: Next item. Is there a motion? Commissioner Winton: So move. Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chairman Teele: Second. For discussion. Moved by Commissioner Regalado for discussion. Moved by -- second by Commissioner Winton for discussion. We're here. Commissioner Winton: Discussion. Now you said these are -- Unidentified Speaker: Companion. Commissioner Winton: -- companion items. Peter Korinis (Chief Information Officer): Yes, sir. Commissioner Winton: Companion is the word I was looking for; that are companion items. Mr. Korinis: Yes, sir. Commissioner Winton: In what way are they companion items? City of Miami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Korinis: In the way that -- what we are -- what we're putting together is a completely new 911 computer -aided dispatch and records system for Fire and for Police. RE.4 is the Motorola computer -aided dispatch for Fire and Police and Police records. The one that you just approved was for Fire records, and that's a different system because when the requirements were analyzed, Fire and Rescue felt that the Tiburon system better met their needs, and therefore, we're interfacing that into the Motorola system, so these two are interfaced, one will not work without the other -- Commissioner Winton: And how old is the Police system? Mr. Korinis: It's early '80s. It's 20 years -- Commissioner Winton: OK. Mr. Korinis: -- plus, as well. Commissioner Winton: And the last question 1 want to ask on both of these is, have -- I'm assuming, you have signed off -- you've reviewed, in depth, particularly from a technical standpoint, an interface standpoint and all those issues, you've reviewed these in depth and you're signing off, as our Director of IT (Information Technology), on both of these IT purchases? Mr. Korinis: Yes, sir. That -- I am. Commissioner Winton: OK. I'm -- all my questions are answered Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Vice Chairman Sanchez. Vice Chairman Sanchez: I had an extensive meeting with both the Chief and Director, and representation from the Fire Department on all those matters, pertaining basically to a 20-year- old system. My concerns -- and they were addressed -- was the changing of mind frame with the newer system, where we go from data entry -- that you had people that were constantly data entry -- now the system itself basically does it almost automatically. The other issue that I had some concerns and was addressed was on the training and the implementation of this new system. We focused on bringing to par a 20 year system, and the beauty of it is that we've been able to leap and catch up, although we spent millions of dollars doing it, and 1 think it's a necessity to do it. The concern that I have was the training, as to the implementation of this new system, and it was addressed, but 1 think that you need -- I would like you to elaborate a little bit on the implementation of this system, and of course, the training that will have to come from because it's a changing of mind frame from people that are right now constantly putting database into the computer. Now, the system itself changes everything, and the beauty of it is that it's going to provide more accurate statistics, and that's a big problem. You've heard Commissioners up here many times say, well, it was a robbery, and somebody said, no, it was something else, so the system itself -- Commissioner Winton: Commissioner Gonzalez has said that over and over. Yeah. Vice Chairman Sanchez: Exactly, and that's why it addresses a lot of the concerns that we have here. Now, automatically, it's -- there's force. They take money, you know. It's a robbery, as you stated, Chief. It's a robbery. It's not a vagrant or arson, so you have more -- better analysis as to be able to provide more controlled and focused policing and fire, which -- the one thing about Fire is that I do believe that is going to cut down possibly on the response time. I don't City of Miami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 think it's going to do it for the Police Department, but at least it will be able to provide us more accurate database so, you know, Johnny, we're catching up 20 years. I think this City has taken a new approach when it comes to technology. Either -- you know, there's a saying that says either you get a hold of technology or technology's going to get a hold of you, so I think we're heading in the right direction, and I'm in support of both of these resolutions. Chairman Teele: Clear consensus -- are we on -- Vice Chairman Sanchez: But I would like him to elaborate on the training because I think it's a key component of -- any new system that's been put in, you bring in the company or the provider of the system to provide the training, so I'd like him just to elaborate on the training. Mr. Korinis: Commissioner, both of these systems have training that's going to be provided It's going to be some in depth technical training for the people that'll be maintaining it. It'll be in depth training for certain system administrators, and it'll be a train the trainer sort of concept where we will have the -- both the Police and the Fire and Rescue folks getting training, either from the vendor, or in turn, from the people that the vendors have trained, and then they distribute it out. I'll offer Police and Fire an opportunity to add to that. Brad Dougherty: Brad Dougherty for Fire Rescue. There is training incorporated in both the segments, the previous one for the records and the CAD (Computer Aided Dispatch) part of it also, as well as we'll have to have extensive in-service training with our officers and personnel. Like with any new system or software items that you acquire, it's a process that we'll have to go over thoroughly with everybody involved. Vice Chairman Sanchez: Wasn't me. Wasn't me. John Timoney: Just one thing on the training. Chief of Police, John Timoney. In our discussions with Motorola, sometimes there's a tendency of a vendor to come in, give you a week of training and then leave, and the person may not have gotten it. They have assured us that if the week isn't enough, it requires another three or four days for the trainers to get it, then they'll spend that time, and so my comfort level regarding the training -- they'll make sure that the people are trained properly; they understand it and they can go forward and train the rest of our people has been satisfied. Commissioner Gonzalez.: All right. Commissioner Winton: Call the question. Mr. Korinis: Commissioner, if I may add one more point. I'm sorry. Chairman Teele: Are you going to cut off the Commissioner? Mr. Korinis: I'm sorry, sir. Chairman Teele: Call the question. Vice Chairman Sanchez: Call the question. Chairman Teele: All those in favor -- Vice Chairman Sanchez: You need to add an item? Chairman Teele: -- say "aye." City of Miami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: Well, hold on. The Commission (Collectively): Aye. Vice Chairman Sanchez: Mr. Chairman , I believe they need to add an item. Commissioner Winton: When it's sold, it's sold. You don't keep selling. Joe Arriola (City Manager): 1 was going to say, what are you guys doing? Commissioner Winton: That's a basic fundamental concept in selling. Commissioner Gonzalez: Johnny. Commissioner Winton: When you're the -- Chairman Teele: Is there something you want to -- Commissioner Gonzalez: Leave now while you're ahead Commissioner Winton: Yeah. When the buyer says yes, you get the signature and get up and leave. Chairman Teele: So you don't -- Vice Chairman Sanchez: Mr. Chairman, I think it's very important what he needs to put on the record Mr. Korinis: I apologize. What I wanted to let you know is, there is an item that we hope to bring back to you at the next meeting, which is yet another companion item to this, which is not completely negotiated yet, but it's the mobile terminals that will go out in the vehicles that will work with this software, and the reason I wanted to mention is, that one will bring an additional $250, 000 discount to the cost of this particular contract, so I just wanted to let you know that it's a bit better price wise than what you see in there. Vice Chairman Sanchez: It's 250 reasons why we should have heard that. Chairman Teele: All right. On the question, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.5 04-00788 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO CONDO ELECTRIC MOTOR REPAIR, INC., PURSUANT TO RESOLUTION NO. 00- 655, ADOPTED JULY 27, 2000, AMENDED BY RESOLUTION NO. 02-166, ADOPTED FEBRUARY 14, 2002, IN AN AMOUNT NOT TO EXCEED $41,139, INCREASING THE CONTRACT AMOUNT FROM $118,783.32 TO $159,922. 32 FOR ADDITIONAL WORK REQUIRED FOR MAINTENANCE SERVICES OF THE CITY OF MIAMI'S STORMWATER PUMP STATIONS; ALLOCATING FUNDS FOR SAID INCREASE FROM PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.310101.6.340.27012, IN AN AMOUNT NOT TO EXCEED $21,139, AND ACCOUNT CODE NO. City of Miami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 001000.310201.6340.34039, IN AN AMOUNT NOT TO EXCEED $20,000; AMENDING RESOLUTION NO. 02-166, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00788-cover memo.pdf 04-00788-budgetary impact.pdf 04-00788-pre contract.pdf 04-00788-pre legislation.pdf 04-00788-exhibit- contract.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0492 Chairman Teele: RE.5. Is there a motion? It's a contract matter. Glenn. Commissioner Winton: So moved Commissioner Gonzalez: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. RE.6 04-00789 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CLEAN-UP GRANTS FOR THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST (" MODEL CITY TRUST")" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT OF $400,000, CONSISTING OF TWO CLEAN-UP GRANTS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ("EPA") FOR THE MODEL CITY TRUST FOR THE PURPOSE OF LAND ACQUISITION IN THE MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECT AREA; AUTHORIZING THE MODEL CITY TRUST TO ACCEPT THE GRANTS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR IMPLEMENTATION OF THE GRANTS. 04-00789-cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0493 Chairman Teele: On RE.6, grant clean up, EPA (Environmental Protection Agency). Commissioner Winton: So moved. Grants. Commissioner Regalado: Second City of Miami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. RE.7 04-00790 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE PROPOSED ANNUAL PLAN AND BUDGET OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST") FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005. 04-00790-cover memo.pdf 04-00790-model city legislation.pdf 04-00790-exhibit 1- background info.pdf 04-00790-exhibit 2- proposed FY 2005.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to DEFER item RE. 7 to the budget workshop scheduled on July 29, 2004. Chairman Teele: RE. 7. Commissioner Regalado: Move. Chairman Teele: Now, hold on just one minute. On RE.7 -- Commissioner Regalado: Oh, that's the budget, Model City. Chairman Teele: On RE.7, I didn't get to meet with you the other day because of a conflict. Now, does this purport -- why are you standing there, Mr. Director? Does this purport to commit the City to a budget number for the Model City Trust now? Larry Spring: Larry Spring, Chief of Strategic Planning, Budgeting & Performance. That was the comment that I wanted to make on the record. I met with all of the outside agencies -- Chairman Teele: Look, look, look, you don't have to -- see, I'm the -- this is wrong. This is wrong and I don't mind saying it. I'm the guy who authored this legislation. I'm the guy who created this trust, but this staff had better get their act together. This is wrong to bring a budgeting item for '04/'05 ahead of the budget process, unless it is something that this Commission directed be done, or something that I, as the sponsoring Commissioner, requested it be done, or there is a reason. That's what I want to be very clear on. Is there a reason that this item is jumping ahead of the whole budget? Mr. Spring: The only reason would be that, from a timing standpoint legislatively, they need to present their budget to the Commission. I've met with Marva. I reviewed this budget. The only comment that I wanted to make was, given the fact that I'm giving the budget workshop the next week, there may need to be an amendment to this presentation to you. Chairman Teele: Yeah, but see, this is the point. They don't have to come through you on their budget. They submit their budget, just like the City Attorney doesn't have to come through you -- Mr. Spring: Absolutely. Chairman Teele: -- on his budget, just like the Clerk doesn't have to come through you on his budget, just like the Auditor General. Mr. Spring: Absolutely. City of Miami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: However, we're not going to take up budgets. We'll make that decision on who's right and who's wrong, and what number we're going to live with. We got another one, like the Civilian Independent Panel, but we're going to take up all the budgets at the same time. If we commit general fund money now to Model City Trust, first of all, it's going to get four Commissioners thinking I'm playing games, OK? That would be a reasonable deduction in that this is something that's -- and it puts me in a horrible light, and 1 would appreciate if you would work with staff to make sure staff doesn't put me in that position, or the Manager in that position. Mr. Spring: We're -- on the record, I would like to state we're not attempting to put you in any position, and we are working -- Chairman Teele: But everybody's going to assume this is something cute -- Mr. Spring: Absolutely not. Chairman Teele: -- or slick that I did, and 1 mean, 1 have done some cute things, and I may have done one or two slick things. Mr. Spring: No, no. Chairman Teele: Nothing comes to mind right now, but I mean, this is not the way this should work, and if they want to submit a budget to us for discussion without a comment -- but if they're -- if this thing has a number in it for general fund, then it cannot be presented now. It's just -- it's not fair to all the other departments and agencies -- Mr. Spring: Absolutely. Chairman Teele: -- to allow one to go forward, and I believe in being fair across the board, OK? Mr. Spring: We're in total agreement with each other. Chairman Teele: All right. Madam Director. Marva Wiley (President/CEO, Model City Trust): In the course of my meetings with -- Chairman Teele: Your name and title. Ms. Wiley: Marva Wiley, President/CEO (Chief Executive Officer) of the Model City Trust. In the course of my meetings with the Commissioners I had an opportunity to meet with, 1 did try to clam that the Chief of Budget had asked that all the agencies come before the general budget for the added clarity of having the approval, and I guess I moved a little quicker than some of the other agencies on that particular issue, so just to supplement your point, it was something that was requested of all the agencies, and this item is -- Chairman Teele: To come to us? Ms. Wiley: To come to the Commission, yes. Chairman Teele: For a commitment of general fund money -- Ms. Wiley: And it recognizes, I think, part of what -- Chairman Teele: -- ahead of the budget process? City of Miami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Wiley: -- the Chief of Budget wanted to know is that there may be amendments later, but he wanted to have the objective awareness of what was being requested by departments (UNINTELLIGIBLE). Chairman Teele: I don't have any problems with us taking up all of the agencies that have general fund implications; the Bayfront Trust, the CRA (Community Redevelopment Agency), the Civilian Independent Panel, the Model City Trust, the Little Havana Trust. I don't have any -- as long as we do it as a package, you know, and it is a workshop and an informal discussion, and not a commitment, but what I don't want to do is commit money to one agency before we've got the whole budget -- Commissioner Winton: Whole budget. Chairman Teele: -- picture before us. Commissioner Winton: I agree. It makes sense. Chairman Teele: So what 1 would ask that we do is that we defer this, and maybe we ask that the Budget Director or the Manager would organize all of the agencies for the first budget -- for the first meeting -- Are we going to have a budget workshop? Mr. Spring: Yes, you are, next Thursday. Chairman Teele: That's the 29th, right? Mr. Spring: Next Thursday. Chairman Teele: So I think that ought to be a part of one component of the budget workshop. All of these non -departmental agencies that have quasi independent status, at the end of the day, you can all come to us individually, but it's still just one budget -- one pot of money. Mr. Spring: 1 was going to say, we -- has -- the -- all of the outside agency budgets are a specific component of the workshop that I'm giving next week -- Chairman Teele: Good. Mr. Spring: -- so you'll be able to, in detail, know what their requests are so they can be included when you give me your priorities for next fiscal year. Chairman Teele: All right. Madam Director, Marva, this is more about me than you, trust me, because 1 don't want my colleagues to think that this something that 1 engineered, OK? Ms. Wiley: Not a problem, at all. 1 recognize that it would probably be -- Chairman Teele: Not for you, but it is for me. Ms. Wiley: -- deferred for the budget workshop -- Chairman Teele: OK. Ms. Wiley: -- as well, so that is on the record. Chairman Teele: All right. Motion to -- City of Miami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Well, 1 was convinced that he was trying to pull something. I'll tell you. Chairman Teele: Motion to defer this item to the budget workshop. Commissioner Winton: So moved Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: All opposed? All in favor, say "aye." The Commission (Collectively): Aye. RE.8 04-00791 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; AUTHORIZING AND DIRECTING COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE MIAMI- DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARINGS, AS STATED HEREIN, AT WHICH THE MIAMI CITY COMMISSION WILL HOLD PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR. 04-00791-cover memo.pdf 04-00791-memo from DDA.pdf 04-00791-pre legislation.pdf 04-00791-pre legislation 2.pdf 04-00791-code book pgs.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0495 Chairman Teele: Item Number 8 and 9. If we could just do those two items, then we can do anything else you want to do. Commissioner Winton: Move 8. Chairman Teele: Item Number 8 is the DDA (Downtown Development Authority) millage rate. We have to do that before we -- we should have done that before. Motion. Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All opposed have the same right. RE.9 04-00792 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE DIRECTOR OF THE DEPARTMENT OF SOLID WASTE'S SELECTION OF THE QUALIFIED FIRMS TO PROVIDE COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI, AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED PROVIDERS, FOR SAID SERVICES. 04-00792-cover memo.pdf 04-00792-memo from Solid Waste.pdf 04-00792-exhibit 1- request for qualifications.pdf 04-00792-exhibit 2- agreement.pdf 04-00792-exhibit 3- list of approved haulers.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0496 Chairman Teele: RE.9, is this to authorize the -- Madam Director -- to go out with the RFP (Request for Proposals) for the hauling? Kathleen Woods -Richardson (Director, Solid Waste): No. This is actually to authorize the haulers that we have found qualified to provide the services. Commissioner Winton: And these are the haulers that those of us who own commercial properties contract with. Ms. Woods -Richardson: That is correct. Commissioner Gonzalez: Right. Ms. Woods -Richardson: These are commercial haulers. Commissioner Winton: OK. Commissioner Gonzalez: Move Item 9. Chairman Teele: Was this noticed and was this bid out? 1 mean, was this -- Ms. Woods -Richardson: It was bid out -- opened. We had it before our Waste Haulers Council. They involved -- Chairman Teele: Was there an advertisement in a newspaper? Was this advertised? Ms. Woods -Richardson: Yes, it was. It was. Chairman Teele: All right. City of Miami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: Hold it. Could we have the motion by the chairman of the Oversight Committee? Commissioner Winton: Oh, I'm sorry. Commissioner Gonzalez: Yes, sir. Commissioner Winton: Yeah. Chairman Teele: Commissioner Gonzalez moves it. Commissioner Winton: Second. Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.10 04-00760 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL CONSULTING SERVICES OF CONSUL -TECH TRANSPORTATION, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0011, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING COMPENSATION FROM $1,000,000 TO $3,000,000, FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0011 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM VARIOUS CAPITAL IMPROVEMENTS AND SPECIAL REVENUE FUND PROJECT ACCOUNTS. 04-00760-cover memo.pdf 04-00760-budgetary impact.pdf 04-00760-pre legislation.pdf 04-00760-pre memo.pdf 04-00760-contract checklist.pdf 04-00760-email.pdf 04-00760-pre standard agreement.pdf 04-00760-pre agreement terms.pdf 04-00760-scope of services.pdf 04-00760-method of compensation.pdf 04-00760-forms.pdf 04-00760-FDOT letter.pdf 04-00760-request for RFP.pdf 04-00760-scope of services 2.pdf 04-00760-pre agreement terms 2.pdf 04-00760-technical form.pdf 04-00760-certified forms.pdf 04-00760-estimate. pdf City of Miami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0497 Chairman Teele: All right. And on Consul -Tech, 10 and 11. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.11 04-00761 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL CONSULTING SERVICES OF HDR ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0010, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING THE COMPENSATION FROM $ 2,000,000 TO $4,000,000 FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS TO BE UTILIZED CITYWIDE ON AN AS - NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0010 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM VARIOUS CAPITAL IMPROVEMENTS AND SPECIAL REVENUE FUND PROJECT ACCOUNTS. 04-00761- cover memo.pdf 04-00761-budgetary impact.pdf 04-00761-pre legislation.pdf 04-00761-pre text file report.pdf 04-00761-state of FL letter.pdf 04-00761-emails.pdf 04-00761-state of FL letter 2.pdf 04-00761-state contract amendment.pdf 04-00761-state memos.pdf 04-00761-certification of contract.pdf 04-00761-list of contractors.pdf 04-00761-special conditions.pdf 04-00761-special conditions 2.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0498 Direction to the City Manager by Commissioner Gonzalez to ascertain that consultants are true City of Miami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 professionals; further directing the City Manager to personally visit District 1 to witness the outrageous flooding and disruption of traffic due to construction work in public right of ways. Chairman Teele: On Item 11. Commissioner Winton: Move it. Commissioner Gonzalez: Second Discussion. Commissioner Winton: Discussion. Chairman Teele: Moved and seconded for discussion. Commissioner Gonzalez, you're recognized Commissioner Gonzalez: I just want to make sure that -- you know, I just want the administration to make sure that these consultants that we hire are professional consultants, and we don't keep hiring the same type of people that we're hiring that create the kind of mess that 1 have in my district, OK; that I have an entire section of my district complaining and raising all kind of issues about the work that is being done there, and please, 1 need you to address that issue. 1 need you to go there personally and see what's going on because it's totally, totally unacceptable. Mary Conway (Director, Capital Improvements & Transportation): I agree. Commissioner Gonzalez.: And we have those neighbors living in conditions that they should not be going through what they're going through, because we have unprofessional people doing -- maybe they're cheap, but not always what is cheap is good, you know. Maybe sometimes it's better to pay a little bit more and get professionals to do what, you know, they're supposed to be doing, and not hire people that may be cheaper and create the kind of mess that we're having right there in that neighborhood now. That's out of control. They've been working there for about three months. They haven't completed the job. Now 1 understand that whatever they did, it was wrong. Now they have to redo it again so, please, Mary, I beg you to please, you know, get in contact with those neighbors and, you know, and give them the plan of action and take care of business because, Mr. Manager, it's outrageous. It is outrageous. With the rain that we had yesterday, those streets are flooding. People are calling the office day and night, and you know -- all right? Vice Chairman Sanchez: Mr. Chairman, if I may just -- in your support, if I may? You know, once we were able to gain the trust of the voters and they voted the bond agent -- the bond rate -- the bond money that came in, the $255, 000, 000, you know, there was a question that was said here in the Commission. They said, "Well, we got the bonds. Now what?" Commissioner Gonzalez: Now what? Vice Chairman Sanchez: Because the bond was presented to the voters of the City of Miami based on projects that were going to be committed, and in those projects, there are time frames for those projects because we have to deliver what we promised the taxpayers. That should be our number one goal. The thing here is, that I'm very supportive of is that we have the higher capacity for completing these construction projects. There's so many projects in mind now that if we don't put the effort of bringing in the consultants and bringing in the people to get this done, then we're not going to be able to fulfill that commitment to the voters, and 1 have projects in my district, just like every Commissioner has projects in their district, and it's an obligation that we have to complete it. On the other hand, you have to outweigh the good and the bad here, you know, the pros and cons. We have the opportunity to hire these consultants, and once they're done with the projects, they move on. If we bring in additional help for the City and we City of Miami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 hire them, we carry their salaries for the entire lifespan of the City, or as long as we keep them on board working so, you know, we're in a catch-22 here, but when you look at everything that we're doing in the City and we want to get them accomplished, we have to hire these individuals to get it done because we're on a time frame and a commitment to the taxpayers and the voters of the City of Miami to get these projects completed. Ms. Conway: And, Commissioners, if I may? Mary Conway, Capital Improvements and Transportation, and just for the record, the item that was just passed is specifically for project management, program management and construction management services to assist the City, and Commissioner Gonzalez, I agree completely that the work that's happened on 19th Terrace is unacceptable, and we are taking steps to make sure that the professionals that are working for us are held accountable for their performance, and we will be bringing back before you a further request. We're actually proposing a waiver, a one-year moratorium on local preference, strictly for capital improvement projects because we're having difficulties getting the best contractors to bid, and we've actually had some of them say that they will not bid our work, so we are looking at all different measures. We're also bringing before you some piggybacking on Miami Beach job -- contracts that will allow us to expedite some of the parks and vertical projects, so we are very sensitive to making sure that we've got the best quality industry partners, whether that's contractors, architects, engineers helping us deliver this program and do it as quickly as we possibly can. Vice Chairman Sanchez: Mary, that's -- Commissioner Gonzalez brought out an excellent point. I mean, we're judged by the quality of work that we do. Ms. Conway: Absolutely. Vice Chairman Sanchez: It's just the bottom line. Because if we go out and we do a project and it's not done right, you know, they don't blame the constructor, or the person we hired to do the job -- Ms. Conway: It's the City. Vice Chairman Sanchez: -- they blame us, so it's important for you and your department to make sure that we hire the best qualified people that could deliver the job with a good track record as to what they're doing. If they can't deliver what they promise, then they need to move on to another city. They need to move on to another job. The other concern that 1 have, and we've seen it, is that we're bringing in contractors that are bidding in on our jobs for the City, but then again, they have -- on the outside, they have other jobs, and then what they do is they throw our projects aside, and as long as they have work, they'll send their people to go work in other areas, and they'll keep one or two, or three people working. We've got to be very careful there because -- you know, I refuse to have any more ceremonies and stuff like that, ribbon cutting only, because I've been here for six years and I could tell you that just about every project that we have been working on, it goes way beyond the deadline, and I know that you have worked very hard and 1 compliment you on the track that you keep, and so far, I think all of the projects are going to, hopefully, come on line, but we need to focus on that because a lot of these individuals are coming to work for us, doing work for us, and then sending their people to finish their jobs in different areas of the city, and then our projects are held back. Ms. Conway: Yep. Vice Chairman Sanchez: So that's something that you need to be monitoring on the matter. Ms. Conway: And we are also looking at that, and a lot of that has to do with making sure that we've got the appropriate language and the documents that accompany the plans that give us the power and the authority to address those issues, and as well as having minimal qualifications for City of Miami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 our bidders, and putting in place the tools we need to make sure that that doesn't happen, and we are working on all different fronts to make sure, and we've recognized all of those same problems. Vice Chairman Sanchez: Could the City take the approach that the private sector takes when it comes to projects, that they should be cost certain, project certain and time certain? In other words, putting a clause that when you hire a contractor to do a job and you negotiate a finished date -- listen, 1 don't have a problem with giving them a bonus if they finish early, but if they don't complete the job by the time that was agreed by both parties; then -- Commissioner Gonzalez: They get penalties. Vice Chairman Sanchez: -- they get penalized. Ms. Conway: Yes. Vice Chairman Sanchez: I think that's something that we need to explore. Ms. Conway: We are, we are, and there are provisions for incentives and disincentives exactly like you described. We're looking at that also, and with the job contract that we're going to bring before you in September -- or actually, I think next week -- with that, we'll have a pool of seven contractors available. If they perform the work successfully and they don't come back with change orders and requests that are unreasonable, then we'll do more business with them. If they don't, then they'll be bypassed, and there are other measures, such as liquidated damages. We're also talking about debarring some of the contractors who are causing us the problems that we -- Commissioner Winton: Hallelujah. Ms. Conway: -- have right now so the industry's held accountable in partnership with the City. Commissioner Winton: Good Vice Chairman Sanchez: Mary, once again, I want to congratulate you. I think that the City has hired great people. I mean, you're a professional. Every time that we have something in our office and we contact you, you're there. You know, we had a big meeting yesterday with the little problem that we had -- Ms. Conway: Yes. Vice Chairman Sanchez: -- in one of our projects, and once again, 1 commend you for your professionalism and thank your staff who is working extremely hard, and we're very proud of them. Thank you. Ms. Conway: We have a lot of people working very hard to make this program be successful. Thank you. Commissioner Gonzalez:: Thank you, Mary. All right. Chairman Teele: Where are we, Madam Clerk? Did we vote on that? Commissioner Winton: No, we did not vote. Chairman Teele: All right. The question reoccurs. On the motion -- would you read the motion by -- City of Miami Page HI Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: I moved -- what -- that was RE.12, right? Vice Chairman Sanchez: I second. Commissioner Winton: Resolution. Commissioner Gonzalez: It was moved and second for discussion. Vice Chairman Sanchez: You moved it, right, Johnny? I'll second it. Commissioner Winton: 1 moved it. Chairman Teele: On RE. 12, right? Commissioner Winton: That's correct. Commissioner Gonzalez: Yeah, I second Chairman Teele: All in favor -- move -- Sylvia Scheider (Assistant City Clerk): No. This is RE. 11. Vice Chairman Sanchez: RE.11. Chairman Teele: RE -- Commissioner Gonzalez: RE.11. Chairman Teele: -- 11. Commissioner Winton: Oh, that's right. I'm sorry. That's what I moved Chairman Teele: HDR Engineering. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.12 04-00782 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE RELEASE OF THE CITY OF MIAMI'S REVERSIONARY INTERESTS IN MIAMI-DADE COUNTY ("COUNTY") OWNED PROPERTY LOCATED IN WEST MIAMI-DADE AND LEGALLY DESCRIBED IN THE RELEASE AND AGREEMENT ATTACHED HERETO AS "EXHIBIT A," IN EXCHANGE FOR MIAMI-DADE COUNTY'S RELEASE OF RESTRICTIONS AND REVERSIONARY INTERESTS IN THE PROPERTY KNOWN AS THE MARINE STADIUM AND PAYMENT TO THE CITY IN THE SUM OF TWO MILLION DOLLARS ($2,000,000); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY AND A RELEASE OF REVERSIONARY INTERESTS, IN SUBSTANTIALLY THE FORMS ATTACHED AND INCORPORATED AS "EXHIBIT A." City of Miami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00782-cover memo.pdf 04-00782-exhibit 1- agreement.pdf 04-00782-exhibit 2- Marine stadium property.pdf 04-00782-exhibit 3- Map.pdf 04-00782-exhibit 4- release of interest.pdf 04-00782-exhibit 5.pdf 04-00782-exhibit 6- Dade County release.pdf 04-00782-exhibit 7- Marine Stadium property.pdf 04-00782-exhibit 8- Map.pdf 04-00782 - exhibit A.pdf 04-00782 - substitute exhibit.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Noes: 2 - Commissioner Regalado and Teele R-04-0494 Chairman Teele: Sir. Miguel De Grandy: Mr. Chairman, may 1 be heard for a second? Chairman Teele: Yes. Mr. De Grandy: Miguel De Grandy, 800 Douglas Road. If I may, sir, I have a commitment to be at the County's Transportation Committee at two, and I also represent a party on RE. 12. If you could indulge me in that respect, if it could be heard later than 2:45 -- Chairman Teele: Oh, not a problem. Mr. De Grandy: Thank you, sir. Chairman Teele: Not a problem. We'll take it up right after the 27th Avenue item. Mr. De Grandy: As soon as 1 am back, 171 -- Chairman Teele: That's at 7 o'clock, but we're going to stop at 9 o'clock tonight. Mr. De Grandy: At what time, sir? Commissioner Gonzalez: 9 o'clock. Chairman Teele: We're going to stop between 9 and 10. We're not going beyond 10 o'clock. Commissioner Winton: We're not going to take up RE. 12 in a few minutes? Chairman Teele: Well, because you're going to have -- we're not going to have Commissioner Regalado -- Commissioner Winton: Oh, I see. Chairman Teele: -- up here, and that's what 1 was trying to do, was bring it -- Mr. De Grandy: I should be back by 3:30, 4, if the Commission can indulge me. City of Miami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All right. We'll take it up at 6:55. Commissioner Winton: Do RE.12 now. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: All right. RE.12. Commissioner Winton: I mean, unless it's controversial. I don't know if it's -- Chairman Teele: RE. 12. Commissioner Winton: -- controversial or not. Chairman Teele: Is there a motion? Commissioner Winton: I'll move it. Chairman Teele: Is there a second? Commissioner Regalado: Motion on what? Commissioner Winton: RE. 12. Commissioner Regalado: RE.12? Vice Chairman Sanchez: Second Commissioner Regalado: 1 have a question. Chairman Teele: We have a motion and a second. All in favor -- Commissioner Regalado: About what? Chairman Teele: RE. 12. Commissioner Regalado: RE.12? OK, 1 vote "no." Chairman Teele: No. No, no, no, no. Vice Chairman Sanchez: OK. Chairman Teele: Let's defer the item until -- Vice Chairman Sanchez: No. Commissioner Winton: No. I don't -- Vice Chairman Sanchez: No. Commissioner Winton: -- understand why -- you know. Chairman Teele: Tomas. Commissioner Winton: He's voting no. City of Miami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All in favor, say "aye." All opposed, say "no." No. The item is what? Commissioner Winton: 3 to 2. Commissioner Gonzalez: Mr. Chairman. Mr. De Grandy: Thank you, Mr. Chairman. Commissioner Gonzalez: We're taking RE.12? We're done? Chairman Teele: It's done. Commissioner Gonzalez: Before we go to -- is Commissioner Regalado gone? Chairman Teele: He's gone. Commissioner Gonzalez: OK. Now, that we have the budget -- RE.13 04-00818 ORDINANCE In Commission AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING SECTION 7 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTION OF CITY COMMISSIONERS AND MAYOR," CHANGING THE DATE OF THE RUNOFF ELECTION FOR MAYOR AND CITY COMMISSIONERS FROM THE SECOND TUESDAY TO THE THIRD TUESDAY IN NOVEMBER OF ODD -NUMBERED YEARS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00818-cover memo.pdf DISCUSSED Chairman Teele: Are there any other matters --1 guess we're not going to deal with the changing of the election date because -- I don't know how we're going to do deal with that. We didn't have a Charter Committee, so -- Mr. Budget Director -- Commissioner Gonzalez: I think the -- you're talking about the -- changing the run-off from one week to two weeks? Chairman Teele: Yeah. Commissioner Gonzalez: We can do that by resolution -- Sylvia Scheider (Assistant City Clerk): By ordinance. Commissioner Gonzalez: -- by ordinance. Commissioner Winton: May I make a comment about that? And it's based on what I've read I read that both -- Commissioner Regalado: Every municipality has rejected that. Commissioner Winton: Yeah, and we should, too, then. You know that, as Commissioner -- Commissioner Regalado: Just don't do anything. City of Miami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: As Commissioner Teele said, the idea that we're going to high technology -- and that should take longer -- and the fact that the Supervisor of Elections sat here and told us that she couldn't -- Commissioner Gonzalez: Johnny -- Commissioner Winton: -- do a library, and then she can do a library, I don't believe any longer that her technology can't work. Commissioner Gonzalez: -- let me tell you, I agree with you a hundred percent, you know, especially after we requested -- and Commissioner Regalado requested -- Commissioner Winton: And he was very nice about it. Commissioner Gonzalez: -- the early voting sites and all of that, and Commissioner Regalado just made a statement earlier that we were denied that, and then a County Commissioner requested it and it was approved. You know, it wasn't -- it was possible to do it, so why should we concede something that they're asking for when they're not willing to concede something that we're asking for? So, listen, as far as I'm concerned, leave it with one week. I'll be happy with it. 1 have no problem with it. Commissioner Winton: Yeah, I think we should. Commissioner Gonzalez: Well, let's do it. Commissioner Winton: Then every -- isn't that right, Commissioner Regalado, that every other municipality has done the same thing? Chairman Teele: All right. Commissioner Regalado: Pinecrest rejected, Miami Beach rejected the -- Commissioner Winton: Hialeah. Commissioner Regalado: -- proposal of Ms. Kaplan, to wait for four weeks. The only thing -- the only downside of keeping the runoff in one week -- and we can do that -- is that she has the authority to say that we need to pay for it. Commissioner Winton: And so we have to figure out how we'll -- Chairman Teele: Well, it's not -- no, no, no, no. It's not the authority. If we have it in the cycle that we're proposing -- Commissioner Regalado: Right. Chairman Teele: -- we must pay for it, because there is no other election going on a week later. Commissioner Regalado: Well, there is no election going on because some of the cities have rejected, but she has the authority to say to the City, "I cannot run the election. You have to pay for it." Vice Chairman Sanchez: What -- what -- Commissioner Regalado: Is that correct? City of Miami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Yes. Commissioner Regalado: That is correct. City of Miami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 DISCUSSION ITEMS DI.1 04-00833 DISCUSSION ITEM DISCUSSION CONCERNING FINDINGS RELATED TO PROCEDURES APPLIED IN APPROVING BUILDING PERMITS FOR CATALONIA. 04-00833-email.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to instruct the City Attorney to extend the analysis in relation to the Catalonia Project and to retain a University Law Professor, who is a member of the Florida Bar, to expand on the analysis of all the issues involved in the Catalonia project and analyze all aspects involved in the process, including the appeal process that was rejected by the Administration; further instructing that the Professor meet with all parties, including the City Attorney and the residents before issuing any opinion; further instructing that the full transcript be a part of the motion; further directing that said analysis be completed in two weeks. Chairman Teele: Before we start, 1 want to, please -- is the City Attorney available? Ladies and gentlemen, we're about ready to start. However, before we start, I would like to query the City Attorney regarding the issue that may -- again, regarding the instructions relating to the special counsel that was being retained. Has that report been -- a final report been submitted? Maria J Chiaro (Interim City Attorney): Yes, it has. Commissioner Regalado: Mr. Chairman. Chairman Teele: All right. Commissioner Regalado, I want to apologize to you and, again, to the public regarding the interpretation that the City Attorney has made regarding the instructions of the Chair. Clearly, the City Attorney's interpretation is supported by the statements on the record. However, the earlier statements were disregarded, and the full context of the inquiry was to do a full review of all of the facts and all of the circumstances, as opposed to the narrow interpretation and review that was being done, and I'm just somehow, Commissioner Regalado, looking for advice from you and the public as to how we can go forward with the intent of what was established that has caused so much concern by so many of the residents in your district, and I apologize again to you for my imprecise language in leading the City Attorney to conclude that we did want a narrow review. It was my intent to have a full review. Commissioner Regalado: No. Thank you very much, Mr. Chairman. I think that we have a remedy for that. I am asking the Commission's support in directing the City Attorney to expend the inquiry, do it in general, using a law professor, an independent counsel law professor. The City Attorney already have several names from where to choose this person, either from Nova University or from UM (University of Miami), and that person will continue to expand on the analysis of all the issues involved. This is -- Madam City Attorney, so we are not get -- because we had difficult moments the other day regarding the scope and the directions. First of all, this academic expert should meet with you, of course, at your discretion; also with the residents before issuing any opinion to hear what the residents have to say, with the City staff, and analyze every and all aspects of this process, including the appeal process that was rejected by the administration, so I guess that -- Chairman Teele: Is that a motion? City of Miami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: That is a motion. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: Second, with the full transcript to be a part of the motion. I would only ask, as a friendly amendment, that the law professor be a member of the Florida Bar. Vice Chairman Sanchez: Absolutely. Chairman Teele: If you would accept that, and further that the law professor will be available to meet with any and all parties, as well as the ones you've identified, but also any applicants or -- Commissioner Regalado: Absolutely. Chairman Teele: -- whatever. I think it has got to be totally -- Commissioner Regalado: The reason I specific mentioned the residents, because the other day there was a meeting with the residents, and there was a misunderstanding, a mistake, and what the residents received is just a final opinion, and I always thought that the direction was to meet with all parties before rendering the opinion, and what the meeting was -- you know, all these people came all the way from their jobs and occupations, and the meeting was just to hand them a letter that was the opinion of the attorney, so all parties is fine and the amendment that this person is a member of the Florida Bar is also accepted Chairman Teele: Further discussion on the motion. Vice Chairman Sanchez: Further discussion. Based on the ruling of this -- whatever the ruling may be, if it comes back that it says a similar ruling as the one we got from the -- Commissioner Regalado: Yeah. Well, there's nothing we can do. 1 mean, nothing else we can explore. Vice Chairman Sanchez: 1 understand, Commissioner Regalado, but I think we need to be very clear here that, you know, we -- the project itself, you know, the residents are not happy with, the design we're not happy with. I mean, there are some things that we don't agree with, but if it comes back that the ruling is that look, you have no legal leg to stand on --1 mean, we need to decide -- because -- I mean, we could -- this could drag on forever, and what I don't want to do is, that we end up in a situation where we continue to spend taxpayer dollars on an issue that -- you know, we're going to have to draw the line somewhere. Now, if it comes back and says we have legal bounds to fight it, then we'll continue to court, but I mean, what are we going to do here? 1 mean, 1 hate to be the bearer of bad news and the skunk at the family picnic, but we have to also, you know, once again, see the other side of the issue. If they come back and say, well, you don't have a leg to stand on based on the opinion that was made by the previous attorney, you know, what would be your next step on this, being that you're the district Commissioner? Commissioner Regalado: No, no. The residents understand that clearly, and they were told that -- they all would agree, but the issue is not the results of the opinion. The issue was the scope of the study, not the results. People were not arguing about the result. Some of the people, including counsel for residents, were concerned about the scope of the first analysis, so you know, now that the scope is what everyone intends to be, when it comes, it comes and that's it. Vice Chairman Sanchez: And I just want to state on the record that I'm all for having a broader City of Miami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 scope and looking at everything to make sure that, you know, when it's all said and done, everything was looked at to make sure that everything was done properly or improperly, whatever the sites are, on that issue. Look, I consider this to be, you may have lost a battle, but you haven't lost a war, in a way, because really, we have been able now to focus the City to basically focus itself, especially on 907.23 or 32 to focus on really identifying and protecting the R-1 s and R-2, and I think that, you know, we'll later be addressing the issue, and I think -- I think it's a good compromise, but I'll address that at a later date, but you know, that bad project --1 hate to say this, you know. When you have property that is on -- as right, that has always been a problem, because they could build whatever -- they could build just about whatever falls within the scope, but it may be a horrible project, and I think that what we need to do now is to have the administration and Planning and Zoning -- I'm willing to support that everything has to go through a design review, and above all, have participation from the residents. You know, they need to have participation from the residents, and above all, we must always say the truth to the residents. You know, there's an old saying that Lincoln said, "give the people the truth and the Republic will be safe", so it's very important that we address that, and once again, I don't see it - - if it gets to a point -- and, look, I'm looking ahead. If it gets to a point that we've had three legal opinions, until they come back and say there's nothing we can do, then, you know, we might have to draw the line and go forward, and 1-- I'm just telling you, if it gets to that point, 1 don't want you to come back to this Commission and say, hey, listen, we're going to continue to sue. We're going to sue the City. If you're going to sue the City, you might have to sue the City, whatever action take, we can't derail you from suing the City. Hey, I'm just saying what's going to happen here. Ms. Chiaro: 1 just wanted to inform the Commission that the homeowners have already filed suit, so -- Vice Chairman Sanchez: Against the City? Ms. Chiaro: Yes. Vice Chairman Sanchez: Well, hey, they're entitled to it. Commissioner Regalado: Yeah, well -- you know, the residents -- Vice Chairman Sanchez: They're -- I have not yield, Commissioner Regalado, and I -- Commissioner Regalado: No, no, but -- Vice Chairman Sanchez: -- you know -- if you would allow me, because I -- you know, I want to be clear with them. You know what the good thing about this Commission? I have things to say and they may not like it, and in many ways, they'll agree with me, but I'm always going to give you the truth, and what I'm not going to play is politics to guide you in the wrong direction, and when it gets to a point, I'm going to get here and say, well we're just going to continue to throw money -- taxpayers' dollars, not yours -- it's yours because you pay taxes, but taxpayers in a bad lawsuit that we're going to lose. How many legal opinions is it going to take for us -- and I'm prepared to go one more, but you know, are we prepared to go five or six more to stop this project? Because at the end of the day, it wasn't my fault; it was the City's fault, if it gets to that point that we're going to point fingers on a bad project that should have never gone up, based on the arguments that the residents are saying, and they have every right to make that argument. That's why this R-1, R-2 is paramount that we do everything we can to protect those R-I s, because Commissioner Winton made it very clear, when developers come here, we're getting a bad rap on this. We're getting the bad rap that we're giving out the barn to developers. Well, it's not. We're looking at ways now to change the Code so we are protecting those R-I s and R-2s. R-3s and R-4s, I can't do it and I won't do it. I can't go R-3 and R-4, but what you'll basically do is, in certain areas, such as my district, which is a poor district, whether you -- you know, you City of Miami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 may not say it's poor, if you live in Brickell or the Roads, but it's a poor district. I can't pass that legislation in some of my areas because, economically, there has to be a balance and you kill that balance of economy, and it's hard to explain that to you when you have a vision that you say, well, development is growing. Yeah, development is growing. Now we're trying to get it into control and we're trying to balance it, and this refining of 907.32, I think it's a good compromise. I'm prepared to support it today. We will address it later. There are some concerns that 1 have, with some loopholes, and that's another issue. Some of these situations that we've gotten into had been because the law itself has been flawed. There has been loopholes in those designs -- there for many years -- that in many cases, did benefit the developers. It did Now that we have identified and we've been able to pinpoint it and change it, we have to make sure that whatever legislation is passed now, doesn't have those loopholes because if they do, seven months from now, a year from now, we're going to be back here again fighting over this same issue. Mark my words on the issue. Thank you. Chairman Teele: Commissioner Regalado. Commissioner Regalado: No. I just wanted to say the same words that Joe Sanchez used. I spoke to the residents. I didn't understand what you said, but I don't think that you said that any Commissioner here is playing politics with this. I think that we respect the residents too much to play politics here, and 1 really feel bad if you feel that I am playing politics here. I don't understand what you meant by that. Commissioner Winton: I don't think he said that, Commissioner. I don't think he said that, Commissioner Regalado. Commissioner Regalado: Well, I -- I just think that they understand. What you said, we have thought for several days and what I said was that the residents were not questioning the outcome of the report; they were questioning the scope, and they understand that if another independent study comes back with the same results, the only recourse that they have is to sue the City, as anybody does, both -- our job is finished and then it will be the jobs of the court. The whole thing here was about the scope of the analysis, and not about the results of the analysis, so 1 am convinced that everybody understand that, and -- yes, sir. Commissioner Winton: A couple of things. One: How long do we anticipate this study taking? Ms. Chiaro: I would request that the City Commission direct that this whole process be completed within two weeks. Commissioner Winton: Bingo. Ms. Chiaro: At latest. Commissioner Winton: Bingo. Number two: Has -- have we issued a permit? Ms. Chiaro: Yes. Commissioner Winton: We can't take it away? Well, two weeks is a good thing; 10 days is a better thing; one week's probably even better. Second thing I would like to say, and that's to the residents, frankly, I take zero offense, if you have filed suit; if you haven't, if you're going to. I take no offense whatsoever to you filing suit, whether you have done it already or whether you're proceeding to do it, and the reason for that is because this is a serious issue, and no offense to you lawyers, but the fact of the matter is, lawyers always -- you get three lawyers in a room to issue an opinion and they have three different opinions, so you know -- Chairman Teele: Excuse me. City of Miami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Chiaro: Excuse me. Commissioner Winton: That's correct. They have four different opinions. Sorry. Vice Chairman Sanchez: And sometimes even five opinions. Chairman Teele: Excuse me. I resemble that remark. Commissioner Winton: So, if you sue us, and you go before a judge, there's -- the judge is another lawyer, so there's an opportunity for another opinion, and so we take no -- trust me, we take no offense to that whatsoever. This is a bad project, end of story, and whatever method we can utilize to win that's defensible in a court of law, I'm in favor of so -- Can we do this sooner than two weeks? Ms. Chiaro: I can try. Commissioner Winton: OK. Ms. Chiaro: 10 days. I'll commit -- Commissioner Winton: Should we make the motion -- Ms. Chiaro: -- to 10 days. Commissioner Winton: -- two weeks at the most? Ms. Chiaro: Yes, sir. Commissioner Winton: OK. Commissioner Regalado, are you making that motion? Vice Chairman Sanchez: Johnny, would you yield for me? Commissioner Winton: So, I'll second the motion. Vice Chairman Sanchez: Would you yield for me for a minute? Commissioner Winton: Yes, sir. Vice Chairman Sanchez: I just want to elaborate what you said. If the ruling comes back that there is legal binding, I'm prepared to support it a hundred percent. I want you to look at me and tell -- I want you to understand this. I'm prepared to lead the charge, but if it comes back -- and 1-- once again, I don't look past one block. I look past six or seven blocks, and my philosophy is, I like to think outside the box. If it comes back and it says, you have no legal bind to fight them in court, of course you're entitled to sue the City, but here's the bad precedence that we'll set on the issue. Just hear me out. It's a bad project. I don't like it. I looked at it. I don't like it, but what presence do we set -- and let's look at other situations that are similar. If we were to buy the property -- and I'm not saying that, but these are options -- to sit down with the developer and say the City wants to buy your property, that puts us in a situation where it's going to be similar as the Circle, the Miami Circle, where we're going to be paying God knows how much money for that property. I'm just asking you to think outside the box. You understand what I'm saying? Because that may be an option. You need to put some options on the table. Now, is the developer prepared to sell the property to the City? I don't know, but I'm sure he's not going to sell it for a fair market value. It's going to be a similar situation as the Miami Circle, and we all knew the Miami Circle, that the County ended up paying millions and millions City of Miami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 and millions of dollars over the property of value just to stop that development, and it sets a precedence. What is the City going to do? Go after every bad development that we had and buy him out? So we need to be very careful how we do this. We need to be very careful on this. I'm looking for advice from you because, you know, we need to basically -- maybe you need to have a plan of action, which you do already because you're suing the City. All right. Chairman Teele: All right. Now, ladies and gentlemen, we've come a long way, but let's don't get bogged down. We have a motion. There's no disagreement. We've been on this now for 30 minutes. Can we call the question? Can we vote on this? Vice Chairman Sanchez: Sure. Chairman Teele: Further discussion. Madam Clerk, call the roll. Anybody wants to say anything, say it before you vote. A roll call was taken, the result of which is stated above. Chairman Teele: All right. The item is adopted 5/0 relating to a special counsel that's a university professor to be designated, and a time line. All right. DI.2 04-00838 DISCUSSION ITEM DISCUSSION RELATED TO AN AMENDMENT TO §617.2.2.2 (1) (b) OF THE CITY CODE TO CHANGE THE AMOUNT CHARGED FOR PARKING FEES IN THE SD-17 OVERLAY DISTRICT, WHERE BONUS PARKING IS PERMITTED, FROM PREVAILING RATES FOR PUBLIC METERED PARKING IN THE VICINITY, AS ESTABLISHED BY THE MIAMI DEPARTMENT OF OFFSTREET PARKING TO A SET AMOUNT. 04-00838-email.pdf NO ACTION TAKEN DI.3 04-00793 DISCUSSION ITEM REPORT BY THE COMMUNITY REDEVELOPMENT AGENDA (CRA) SPECIAL COUNSEL CONCERNING THE ENABLING LEGISLATION AND BUDGETING PROCESS OF THE SOUTHEAST/OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT CRAS. 04-00793-cover memo.pdf A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, to DEFER item DI.3. Chairman Teele: Further discussion or withdrawal from the regular or consent agenda? Would someone move to withdraw or defer DI -- Discussion Item Number 3, related to the special counsel from the CRA (Community Redevelopment Agency) on the homeless situation. They're not ready with that report. Commissioner Winton: Which item is it? Joe Arriola (City Manager): Which item? City of Miami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: DI, Discussion Item Number 3 -- Commissioner Winton: So move. Chairman Teele: -- special counsel's report on homeless issues in the redevelopment area. Motion -- Commissioner Winton: I'll move it. Chairman Teele: Motion by Commissioner Winton. Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Teele: By three people. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? That item is deferred. City of Miami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PLANNING AND ZONING ITEMS - 9:00 AM A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to schedule a Commission meeting on Tuesday, September 7, 2004 at 10 a.m. to deal with zoning issues and other items referred by the City Manager. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue the following items to the Commission meeting currently scheduled for September 7, 2004: PZ 1, PZ.2, PZ 4, PZ 5, PZ6, PZ. 7, PZ8, PZ9, PZ 10, PZ 11, PZ.12, PZ.13, PZ 14, PZ.15, PZ 18, PZ 19. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to continue the following items to the Commission meeting currently scheduled for September 7, 2004: PZ 21, PZ 26, PZ 39, PZ.40, PZ 41. Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Commissioner Winton: I've been asked -- we have publicly noticed that our P&Z (Planning & Zoning) agenda will begin at nine. There's a whole bunch of items, I understand, that are going to be deferred, moved out of this agenda section and moved to the next meeting, which is next week, and so, there are people here, lawyers, architects, everybody, and it seems to me that we ought to figure out what those are, get them deferred so people can go home and not just hang around here until we might happen to get to the P&Z items. Chairman Teele: Commissioner, thank you very much for the order of the day. It was my understanding that the City Attorney, Mr. Maxwell, was working with staff, and they were going to bring that to us right away, as to what we're doing here. That's what I announced at the very beginning of this meeting; that Mr. Maxwell would work with the staff and give us where we're going, so if you'll take another five minutes -- but what we want you to look at is a comprehensive of today, the 29th, and also, a third day, so -- and moving everything in -- that's in September that can go into that third day, as well, which is not before us, so that we're not in a jam. Commissioner Gonzalez: Right. Chairman Teele: Any item that's ready to go in hearings, we can put it in that next agenda item, as well, but thank you very much. Commissioner Regalado: Mr. Chairman (UNINTELLIGIBLE) -- Chairman Teele: Are there any deferrals on P&Z items? Is there anybody here that would like to defer -- Commissioner Winton: Well, he needs to go figure out what we're doing and get deferred what we need to defer. Commissioner Gonzalez: We got a whole list of deferrals. Chairman Teele: All right. That's what I was hoping Joel Maxwell and the staff would work on -- Lourdes Slazyk (Assistant Director, Planning & Zoning): You want us to come back -- City of Miami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: -- is helping us to order one agenda between the -- today, the 29th, and another date that we're going to hear these items. Ms. Slazyk: OK, so before requesting our deferrals, do you want me to go look at some dates? Chairman Teele: That -- no, no, no. Commissioner Regalado: No, no, no, no. Chairman Teele: We don't need you to look at the dates. Ms. Slazyk: OK. Chairman Teele: We need you to look at what's before us -- Ms. Slazyk: Right. Chairman Teele: -- and when you want to hear those things. Ms. Slazyk: OK, yeah. We have a recommendation for some deferrals. The way I was going to -- Chairman Teele: Well, I don't --1 want -- Ms. Slazyk: OK. Chairman Teele: -- one comprehensive matter, OK. I don't want to do a little bit here and a little bit there, and I'm asking you and Teresita, and Joel to all go back there and agree on something, and come out here and tell us exactly what you want us to do. Vice Chairman Sanchez: Why was it advertised at 9 o'clock in the morning? Chairman Teele: You have to ask somebody else on that. Teresita Fernandez: Teresita Fernandez, Hearing Boards. PZ 1 through PZ 20 were advertised for nine in the morning. Commissioner Gonzalez: For 9 o'clock in the morning. Vice Chairman Sanchez: OK. Ms. Fernandez: Yes. Vice Chairman Sanchez: Well, what's going to happen here -- if I could just clear the sky a little bit -- is -- Chairman Teele: Hold on a minute. Vice Chairman Sanchez: -- that no one's going to leave here until their item is deferred or it's going to be heard. I mean, nobody's just going to walk away, and especially, as we get close to the end of this month where, you know, we're going to be off for a whole month, so what we need to do is, out of respect for everyone who's here, is just, you know, clear out what items are going to be heard and what items are going to be deferred because -- City of Miami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: That's what I've asked Joel and Teresita and staff to do, and I thought they were doing that. They want to just come and read a few deferrals and leave the problem still with us, and I'm not going to let them put the problem with us. They're going to tell us which items that we're going to hear today, which items we're going to hear the 29th, and which items we're going to hear on that third date that we're yet to agree on, and anything that's in the queue that hasn't been noticed can be put on that third day, as well, but we're not going to have PZ items in September, except maybe on the second budget hearing -- Vice Chairman Sanchez: 23rd. Chairman Teele: -- but on that first budget hearing, we're not going to have PZ items. Vice Chairman Sanchez: On -- Chairman Teele: All right. Now, we'd like to try to establish -- if everybody would just work with us here a minute. Ana, this relates to you more than anybody else. This is what we'd like to do. For those persons that are here on a zoning item, the items that staff is recommending that we take up today will be Items Number 3, Number 16, Number 17, Number 20, Number 22, 23, 24, 25, 29, 30, 31, 32 -- and 32. 33 through 38 will be taken up as a package immediately after lunch, at 2:45. 33 through 38 will be taken up as a package. These all relate to Watson Island. Ana Gelabert (Director, Planning and Zoning): Thirty -- excuse me. 33 through 36, that's the ones that are the Watson Island Chairman Teele: 33 through 36 will be taken up as a package immediately after lunch. Ms. Gelabert: Correct. Chairman Teele: These relate to Watson Island. 37, 38, 44 and 45 will also be taken up this afternoon. Ms. Gelabert: There is also 42. Commissioner Gonzalez: How many items are we going to be taking? Chairman Teele: And 42. Ms. Gelabert: Yes. Chairman Teele: So -- just so that we're all clear again, Items Number -- coming back from lunch at 2:45, the Commission will take up Items 33, 34, 35 and 36, 37 and 38, as a package. We will then proceed to take up Items Number 3, 16, 17, 20, 22, 23, 24, 25, 29, 30, 31 and 32. We will also take up 44 and 45. It should be noted that Item 43, the Major Use Permit of Villa Magna is set for 5 p.m., and that is Item Number 43, which we will also be taking up. Item Number 44 -- Ms. Gelabert: That -- excuse me. That one we were recommending for September 7th. Chairman Teele: Well, it's noticed today, so we'll deal with that at that time. Ms. Gelabert: OK. All right. Chairman Teele: OK. Commissioner Winton: Are we all going to get this list so we know what the hell we're doing? City of Miami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Well, we're going to -- we're trying to work it out now. 1 mean, they're just -- Commissioner Winton: Fine. Chairman Teele: -- passing it to me. Item Number 44 is set for a time certain at 7 p.m. That's the 27th Avenue Overlay, as well as the Items 44 and 45, and we have a request from the Ramsey Everglades, which has not been set for a time certain because of the con -- because of the nature of the project. We made a mistake by doing that before. Now, it is being recommended that we make continuances now for Items Number 1, 2 -- and this is a motion that we're asking for the Commission to consider -- to continue right now to -- well, we don't have a time that we can do it to. Ms. Slazyk: August 26 -- Commissioner Gonzalez: August 26. Ms. Slazyk: -- 9 a.m. Chairman Teele: Well, have we all agreed on August 26th? Commissioner Gonzalez: I don't know. Chairman Teele: We would need to first -- Commissioner Winton: On what date? On what date? Chairman Teele: Thursday, August 26th. Commissioner Winton: That's next week, right? Ms. Slazyk: No, August. Chairman Teele: August -- Commissioner Gonzalez: August. Chairman Teele: -- 26. Commissioner Winton: Oh, 1 don't -- Chairman Teele: August 26. Commissioner Winton: August. For what? I'm not doing anything in August. I'm going to have surgery again. I'm not agreeing to do anything in August. Chairman Teele: Will you agree to do something on September 7th? Commissioner Winton: Yeah. You were focused on some week in September and I'm -- Ms. Gelabert: September -- Chairman Teele: September 7th is a Tuesday, right? Commissioner Winton: And 171 do that, but I'm not doing -- City of Miami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Gelabert: Yes, it is. Chairman Teele: Would you move that we establish a special meeting for Tuesday, September the 7th, for a special Commission meeting to deal with zoning items -- let's don't call it special Commission meeting -- a Commission meeting to deal with zoning items and those other matters that are referred by the Manager. Commissioner Gonzalez: I move to establish a special Commission meeting September 7th to hear Planning & Zoning items. Chairman Teele: Is there a second? Commissioner Gonzalez: Hello. Is there a second? Vice Chairman Sanchez: Second. Commissioner Winton: I'm double-checking. Chairman Teele: All right. Commissioner Winton: Well, we'll see. Chairman Teele: Well, let's just do it now. We can then shy it. Commissioner Winton: I'll vote yes and -- Chairman Teele: All right. Commissioner Winton: -- if have to (INAUDIBLE) Chairman Teele: Can you -- Ms. Gelabert: Starting when? Chairman Teele: 10 p.m. -- 10 a.m. Vice Chairman Sanchez: September when, September what? Chairman Teele: September 7th. Commissioner Gonzalez: September 7th. Vice Chairman Sanchez: Fine with me. Commissioner Gonzalez: 10 a.m. Chairman Teele: 10 a.m. Starting at 10 a.m. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, we can change that date, but at least we have a date to move everything to. Now, the staff is recommending that we move the following items to September 7th, commencing at 10 a.m., Items Number I, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 18 and 19; is that correct, Madam Director? City of Miami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Gelabert: Yes. Ms. Slazyk: And 8 and 9. Commissioner Gonzalez: And 8 and 9. Ms. Gelabert: And there is -- on the -- on that same page -- Chairman Teele: And 8 and 9. Ms. Gelabert: -- 8 and 9. Commissioner Gonzalez: Move to -- move the mentioned meetings to September 7th at 10 a.m. Chairman Teele: We voted on that. Vice Chairman Sanchez: We voted on that already. Commissioner Gonzalez: To move the items to that date? Chairman Teele: We have not voted to move -- we voted to establish the meeting, right? Commissioner Gonzalez: Establish the meeting. Sylvia Scheider (Assistant City Clerk): Yes. Chairman Teele: OK. Now, we are voting to move the items that have been read into the record, including Items 8 and 9 -- Commissioner Gonzalez: That's what I moved. Chairman Teele: -- to the meeting of September 7th. Commissioner Gonzalez:: September 7th. That's what I moved. Chairman Teele: We have a motion. Do we have a second? Yes. Vice Chairman Sanchez: Second. Chairman Teele: OK. Now, hold on. We're going to deal with -- let's deal with the first package first. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? OK. Now, there's also going to be a request to defer Items Number 21 -- Commissioner Gonzalez: 26. Chairman Teele: -- 26, 27, 28 and 39, as well as Items 40, 41 and 43 to that date after 2 o'clock -- after 3 o'clock today. We'11 see where we are this afternoon. We'll make that motion, so there will be a total of roughly how many items if we do all of that on that special meeting? One, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, one, two, three, four, five, six, seven, eight, nine -- City of Miami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Gelabert: 28. Chairman Teele: -- you're talking about almost 30 items. Ms. Gelabert: 30. Commissioner Gonzalez: 30 items. Ms. Gelabert: You have 29 items. Chairman Teele: So that's what we're going to be looking at for that special day, Commissioner Winton, and this is necessary just so that we can have a little bit of order, OK, and not wind up mad at each other during the budget hearing. 1 mean, because that's what happens when you get tired, when you beat yourself up. Yes, sir, counsel. Gil Pastoriza: Commissioner, if I may? Gil Pastoriza, 2665 South Bayshore Drive. I'm here on Item 21. Commissioner, that's one of your items that is not -- in your agenda, is not scheduled to be deferred, and we have some experts that we brought in from out of town for that hearing for today. Chairman Teele: Item Number what? Mr. Pastoriza: 21. Commissioner Winton: Does that motion -- this -- Commissioner Gonzalez: Ocean (UNINTELLIGIBLE). Chairman Teele: It's scheduled to be heard today. Mr. Pastoriza: Yes. Unidentified Speaker: At 2:30. Chairman Teele: Do you have a problem -- Mr. Pastoriza: It was scheduled to be heard today. Commissioner Gonzalez: No. Mr. Chairman, I'm going to have -- I'm going to ask that that item be deferred. Chairman Teele: We can't act upon that until after 2:30 today. Unidentified Speaker: Exactly. Commissioner Gonzalez: OK, at 2:30 then. Mr. Pastoriza: OK. Chairman Teele: OK, but you are going to be asking that it be deferred until the September 7th meeting? Commissioner Gonzalez, you are going to be asking that that be deferred to the September 7th meeting -- Commissioner Gonzalez: September 7th. City of Miami Page /0i Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: -- or the second meeting in September? Commissioner Gonzalez: The second meeting in September. Chairman Teele: The second meeting in September. Commissioner Winton: What, 21? Chairman Teele: So he's going to be asking, when we come back from lunch -- Commissioner Winton: 21? Chairman Teele: -- that Item Number 21 be deferred to the meeting of September 23rd. Ms. Gelabert: 7th. Commissioner Winton: Madam Attorney. Mr. Arriola: 7th. Chairman Teele: Huh? Ms. Gelabert: 7th, 7th. Chairman Teele: No. I know what I said September 23rd -- Ms. Gelabert: Oh. Chairman Teele: -- the second meeting in September. That's what the Commissioner is going to be asking. Commissioner Winton: And -- Chairman Teele: And we'll discuss it at that time. Gil, if you've got a concern, I would like to urge you to meet with the Commissioner. Mr. Pastoriza: Definitely. Chairman Teele: There is no problem in discussing procedures -- Mr. Pastoriza: OK. Chairman Teele: -- with the Commissioner, as long as you don't discuss the underlying matter. Mr. Pastoriza: Yes. Chairman Teele: Mr. Attorney, may 1 make a comment? Commissioner Gonzalez: Mr. Chairman, 1'd rather whatever discussion is going to take place to take place in open public. Chairman Teele: All right. You got something you want to say, Gil, to him? Mr. Pastoriza: No. Just for the fact that we have Mr. Richard Judy coming in from out of town, City of Miami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 and he's going to be one of our experts. Commissioner Winton: Could -- may I make a comment? Chairman Teele: But we're not going to move anything around for even Mr. Judy. I mean, he's a great man and -- but we're going to hear the item based upon the convenience of the -- Mr. Pastoriza: No. 1 understand that. Chairman Teele: OK. Mr. Pastoriza: I mean, he's here now because we thought we were going to be heard today. Chairman Teele: But what I'm telling you is the Commissioner whose district it's in -- Mr. Pastoriza: 1 understand. Chairman Teele: -- said that he's going to defer this item -- Mr. Pastoriza: I understand. Chairman Teele: -- OK. Commissioner Winton: And may I make a comment -- Mr. Pastoriza: Thank you. Chairman Teele: Commissioner Winton. Commissioner Winton: -- about the presentation? And this is kind of -- Chairman Teele: On which one? Commissioner Winton: And it's a generic comment, not necessarily about this presentation, but I think all presentations ought to have a very clear -- show us very clearly what we're -- what the development is and what's being proposed; what it looks like, how it fits in the community and all that kind of thing in a MUSP (Major Use Special Permit). This shows nothing. Mr. Pastoriza: OK. Commissioner Winton: Nothing. Chairman Teele: All right. Commissioner Gonzalez: All right. Chairman Teele: So are we clear that when we come back at 2:45, we will begin with those items related to Watson Island, Items 33, 34, 35, 36, 37 and 38? We'll then revert back to the order of the day, which will be the zoning items that have been identified; 3, 16, 17, 20, 22, 23, 24, 25, 29, 30, 31, 32. All right. We have a few other items that we need to take up. Chairman Teele: Ladies and gentlemen, thank you for your patience. All right. Ladies and gentlemen, if you were not here with us this morning and you're here on a PZ (Planning & Zoning) item, we're going to ask the City Attorney to read into the record again the PZ items that we intend to take up today. Madam Attorney, based upon what we've agreed upon, would you City of Miami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 read into the record the items that we have agreed we will take up today, this afternoon? Ms. Chiaro: Item 3, Item 16, Item 17, Item 20, Item 22, 23, 24, 25, 29 -- Commissioner Regalado: Wait, wait, wait, wait, wait, wait. Item 3? Ms. Chiaro: Yes. Commissioner Regalado: And the next one is? Ms. Chiaro: 16, 17, 20, 23 -- 22, 23, 24, 25, 29, 30, 31, 32, 33 -- Commissioner Winton: 1 don't have -- oh, yeah. I'm sorry. Never mind. I'm sorry. Ms. Chiaro: -- 34, 35, 36, 37, 38, 42, Item 44 at 7 p.m., Item 45 at 7 p.m. Chairman Teele: All right. Now, Commissioners, you have an Order of the Day that has been passed out that appears to be correct. As we read it off -- if you'll focus in on your Order of the Day -- 2: 45, we've agreed to take up Items PZ 33, 34, 35, 36, 37, 38 and 42. We have a public hearing, which is a CD (Community Development) public hearing, which we will take up first, followed by the rest of the PZ items, which are all of the numbers that she just read into the record; 3, 16, 17, 20, 22, 23, 24, 25, 29, 30, 31 and 32. This is the decisions that we made this morning temporarily. Now, what we did do also, just so that the record is clear, is that we deferred -- and, Commissioner Regalado, you were not here -- the Commission did vote, based upon a concern by one of the Commissioners who would not be available during the month of August, August 26th -- Commissioner Winton: Which is me. Chairman Teele: -- which is -- the Commissioner has identified himself -- that we would do this on September 7th, September 7th, and we have agreed, for September 7th, to take up Items 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 18, 19 and going back to Items 8 and 9. Unidentified Speaker: Right. Chairman Teele: Now, those actions have been taken. We have set the meeting for September 7 th on a motion by Commissioner Gonzalez and seconded by Commissioner Winton, and we have moved those items that have just been read off to the meeting commencing at 10 a.m. on September 7th. What we have before us now will be the items that have been printed before you in the order that we agreed to do it, which was 33, 34, 35, 36, 37, 38, 42, and then we would take up the PZ items, 3, 16, 17, 20, 22, 23 and on. Now, are there any persons whose PZ item's number that has been called have a concern, objection or a request for change or other consideration? Just the numbers that we've called. Now, this is a test. If anybody comes up on a number that had not been called -- Commissioner Winton: Mr. Chairman, we've had a request to, in fact, take up PZ27, 28. It's second reading; supposedly, non -controversial. Chairman Teele: OK. Commissioner Winton: I don't mind doing that, but you're the Chairman. I'm not going to -- Chairman Teele: No, Commissioner. You are -- we're all here together, and if you want to move that the items related to PZ27 and 28 be taken up -- City of Miami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: I would move that with one caveat, and that is that there -- if there's any objection to it and we have any discussion, then I'll move to defer immediately to the period of September 7th. Chairman Teele: This is the problem that we're in: Once we vote on an item, on a PZ item that has been noticed, you properly cannot take it back up in that session because anybody who may have been here on that item may have gone, based upon the vote. Ms. Slazyk: Right. Chairman Teele: So -- Ms. Slazyk: 27 and 28 had not been continued yet. Those couldn't be continued until after 2:30. Chairman Teele: We did not vote on those two items? Ms. Slazyk: No, you haven't. Chairman Teele: OK, so this would be the right time to add Items 27 and 28 to the list that has been printed on your Order of the Day, which starts with 3 and ends with 32, inserting 27 and 28 after 25. Commissioner Winton: Yes. Chairman Teele: Are there any other numbers that have been taken up that anyone would like to ask that it be treated differently? All of the other items, which are Items 21, 26, 39, 40, 41 is subject to a motion right now that those number -- those items be deferred until September 7th. Is there a motion? Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. now, we also have an item, Item Number 43, that the staff is recommending be heard on September 7th, but we cannot take that item up before 5 p.m., and I want to know why because that's the item that we deferred in the middle of the night, like at 3 a.m. Commissioner Winton: Well, I understand -- Chairman Teele: And we promised them that they would be the first -- Commissioner Winton: l understand there's going to be some more discussion about how far that gets deferred soon, so -- Ms. Slazyk: The -- Chairman Teele: Yeah, but we promised them -- you know, that item came -- we didn't defer that item. Commissioner Winton: Could we get -- here's the counsel for that. City of Miami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Slazyk: It was advertised, though -- just for the record, it was advertised for a time certain of 5 p. m., so being that it was advertised for 5 -- Chairman Teele: We can't do anything on that until 5 p.m. Ms. Slazyk: Until 5, right. Chairman Teele: And I just wanted to put that on the record Vicky Garcia -Toledo: But for your information, on behalf of Mr. Hallo -- Chairman Teele: Your name. Ms. Garcia -Toledo: My name, Vicky Garcia -Toledo, attorney for Mr. Hallo. We will not object to that deferral at 5 o'clock that is being requested by your staff. Chairman Teele: OK. That's very helpful, so at 5 o'clock, when it comes up, that will be subject to a motion by Commissioner Winton to defer it, and I want to apologize because we didn't do that deferral until around 2 a.m., or 1 a.m., and I didn't want to, in any way, negatively impact you. Thank you for being so courteous. PZ.1 04-00566 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED YARD, TO ALLOW A SIDE YARD SETBACK OF 6.5' WHERE 15'0" IS REQUIRED FOR THE PROPERTY LOCATED AT APPROXIMATELY 3145 DAY AVENUE, MIAMI, FLORIDA, PURSUANT TO VARIANCE GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS, IN WHICH A BUILDING PERMIT MUST BE OBTAINED, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-00566 Fact Sheet.pdf 04-00566 Appeal Letters.PDF 04-00566 Analysis.PDF 04-00566 Zoning Map.pdf 04-00566 Aerial Map.pdf 04-00566 ZB Reso.PDF 04-00566 Application & Supp Docs.PDF 04-00566 Legislation A.PDF 04-00566 Exhibit A.PDF 04-00566 Legislation B.PDF 04-00566 Exhibit A.PDF REQUEST: Appeal of a Zoning Board Decision of a Variance LOCATION: Approximately 3145 Day Avenue City of Miami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 APPLICANT(S): Pia Clemens, Owner APPELLANT(S): Hal B. Casstevens, Adjacent Property Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval of the variance and denial of the appeal. ZONING BOARD: Granted the variance on April 26, 2004 by a vote of 5-3. PURPOSE: The approval of this appeal will not allow the new construction of a two-family residential structure with Tess side yard setback than required. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ.1 to the Commission Meeting currently scheduled for September 7, 2004. PZ.2 04-00731 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A CHILD DAYCARE FACILITY FOR 40 CHILDREN TO BE LOCATED IN A "PR" PARKS AND RECREATION ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2111 SOUTHWEST 19TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A". 04-00731 Fact Sheet.pdf 04-00731 Analysis.PDF 04-00731 Zoning Map.pdf 04-00731 Aeiral Map.pdf 04-00731 ZB Reso.PDF 04-00731 Application & Supp Docs.PDF 04-00731 Plans.PDF 04-00731 Legislation.PDF 04-00731 Exhibit A.PDF REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 2111 SW 19th Street APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City City of Miami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commission on June 14, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a child daycare facility for forty children within Shenandoah Park. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ2 to the Commission Meeting currently scheduled for September 7, 2004. PZ.3 04-00575 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY AMENDING SECTION 1102, ENTITLED " NONCONFORMING LOTS" RELATING TO THE R-2 DUPLEX ZONING DISTRICT BY PERMITTING BY CLASS II SPECIAL PERMIT NO MORE THAN ONE SINGLE-FAMILY UNIT ON AN INDIVIDUAL NONCONFORMING R-2 DUPLEX LOT; AND BY MODIFYING PROVISIONS REGARDING REPLATTING OF NONCONFORMING LOTS TO ALLOW REDUCTIONS IN THE DEGREE OF NONCONFORMITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00575 SR Fact Sheet.pdf 04-00575 PAB Reso.PDF 04-00575 Legislation.PDF 04-00575 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 May 19, 2004 by a vote of 7-0. PURPOSE: This will allow single-family residences on nonconforming duplex lots. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele 12569 Lourdes Slazyk (Assistant Director, Planning & Zoning): All right. I'm going to go back to the beginning to PZ.3. PZ 3 is a second reading ordinance amending the nonconforming lots section of the Zoning Ordinance. This was recommended for approval by the Planning Advisory Board and adopted by the City Commission first reading on June 24th. We recommend City of Miami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 approval. Vice Chairman Sanchez: PZ.3 is a second reading ordinance, requiring a public hearing. The public hearing is open. Anyone from the public wishing to step forward and be heard? Seeing none, the public hearing is closed. Need a motion. Commissioner Winton: Move it. Vice Chairman Sanchez: Motion by Commissioner Winton. Is there a second? Commissioner Gonzalez: Second Vice Chairman Sanchez: Second by Commissioner Gonzalez. Open for discussion. Commissioner Winton: Now -- yeah and, Lourdes, I think it's important for you to put on the record again what this is doing. We're getting accused by everybody and their grandmother out there of just rolling over for everything related to developers and blah, blah, blah, blah, blah. We just passed, before this, a very significant ordinance -- Ms. Slazyk: The G/I (Government/Institutional), yeah. Commissioner Winton: -- that -- the G/I thing is a big, big, big deal. We made a comment about that. I think this is a very important new tool also that allows us to control what people can build and not build, particularly as it relates to proximity to R-1 neighborhoods; so would you -- Ms. Slazyk: Yeah. Commissioner Winton: -- describe that a little better? Ms. Slazyk: This one is actually -- with the nonconforming lot, what it does is, we had passed an ordinance that says when you have two or more nonconforming lots under the same ownership, they're considered one parcel, and you can only develop it as if it were one lot. What this does is it recognizes that in R-2 properties, if you're willing to sort of voluntarily downzone yourself to a single-family residence, that you can build one on each of these lots, regardless of how many you own. This is a great urban infill tool, and it's being used in the West Grove right now quite a bit, and this amendment will help them continue that effort. Commissioner Winton: Great. Vice Chairman Sanchez: All right. Commissioner Winton: Did I move that already? Vice Chairman Sanchez: There was a motion and a second. Commissioner Winton: OK. Vice Chairman Sanchez: It was open for discussion. You opened up the discussion. It's an ordinance. Joel Maxwell (Deputy City Attorney): Yes, sir. Vice Chairman Sanchez: City Attorney, read the ordinance for the record. The Ordinance was read by title into the public record by the Deputy City Attorney. City of Miami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: All right. Madam Clerk, roll call. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): Passes second reading, 4/0. PZ.4 04-00406 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 1884 NORTHWEST 15TH STREET, 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. 04-00406 SR Fact Sheet.pdf 04-00406 Analysis.PDF 04-00406 Land Use Map.pdf 04-00406 & 04-00406a Aerial Map.pdf 04-00406 PAB Reso.PDF 04-00406 Application & Supp Docs.PDF 04-00406 Legislation.PDF 04-00406 & 04-00406a Exhibit A.PDF 04-00406 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 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2004 by a vote of 7-0. See companion File ID 04-00406a. PURPOSE: This will change the above property to General Commercial. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ.4 to the Commission Meeting currently scheduled for September 7, 2004. City of Miami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PZ.5 04-00406a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 24 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 " TWO-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1884 NORTHWEST 15TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00406 & 04-00406a Exhibit A.PDF 04-00406a SR Fact Sheet.pdf 04-00406a FR Fact Sheet.pdf 04-00406 & 04-00406a Aerial Map.pdf 04-00406a ZB Reso.PDF 04-00406a Legislation.PDF 04-00406a Application & Supp Docs.PDF 04-00406a Analysis.PDF 04-00406a Zoning Map.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 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on May 10, 2004 by a vote of 6-2. See companion File ID 04-00406. PURPOSE: This will change the above property to C-2 Liberal Commercial. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ. 5 to the Commission Meeting currently scheduled for September 7, 2004. PZ.6 04-00572 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO City of Miami Page 111 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 "HIGH DENSITY MULTIFAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00572 FR Fact Sheet.pdf 04-00572 Analysis.PDF 04-00572 Land Use Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572 & 04-00572a Miami Riv Comm Recomm.PDF 04-00572 PAB Reso.PDF 04-00572 Applicaiton & Supp Docs.PDF 04-00572 Legislation.PDF 04-00572 & 04-00572a Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to " High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00572a. PURPOSE: This will change the above properties to High Density Multifamily Residential. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 6 to the Commission Meeting currently scheduled for September 7, 2004. PZ.7 04-00572a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 " TWO-FAMILY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY City of Miami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00572a FR Fact Sheet.pdf 04-00572a Analysis.PDF 04-00572a Zoning Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572 & 04-00572a Miami Riv Comm Recomm.PDF 04-00572a ZB Reso.PDF 04-00572a Application & Supp Docs.PDF 04-00572a Legislation.PDF 04-00572 & 04-00572a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-4 Multifamily High-Denisty Residential to Change the Zoning Atlas LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-1. See companion File ID 04-00572. PURPOSE: This will change the above properties to R-4 Multifamily High - Density Residential. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ.7 to the Commission Meeting currently scheduled for September 7, 2004. PZ.8 04-00562 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 90 SOUTHWEST 3RD STREET A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "OFFICE" TO " City of Miami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00562 Fact Sheet.pdf 04-00562 Analysis.PDF 04-00562 Land Use Map.pdf 04-00562 & 04-00562a Aerial Map.pdf 04-00562 School Brd Recomm.PDF 04-00562 PAB Reso.PDF 04-00562 Application & Supp Docs.PDF 04-00562 Legislation.PDF 04-00562 & 04-00562a Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-0. See companion File ID 04-00562a and 04-00562b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Riverfront West Major Use Special Permit Project. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 8 to the Commission Meeting currently scheduled for September 7, 2004. PZ.9 04-00562a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "0" City of Miami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 OFFICE TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET, A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00562a Fact Sheet.pdf 04-00562a Analysis.PDF 04-00562a Zoning Map.pdf 04-00562 & 04-00562a Aerial Map.pdf 04-00562a ZB Reso.PDF 04-00562a Application & Supp Docs.PDF 04-00562a Legislation.PDF 04-00562 & 04-00562a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from 0 Office to SD-6 Central Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 9-0. See companion File ID 04-00562 and 04-00562b. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District for the proposed Riverfront West Major Use Special Permit Project. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ.9 to the Commission Meeting currently scheduled for September 7, 2004. PZ.10 04-00573 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 FOR THE PROPERTIES LOCATED AT City of Miami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 APPROXIMATELY 2143 AND 2161 SOUTHWEST 6TH STREET AND 2160 SOUTHWEST 5TH 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. 04-00573 FR Fact Sheet.pdf 04-00573 Analysis.PDF 04-00573 Land Use Map.pdf 04-00573 & 04-00573a Aerial Map.pdf 04-00573 PAB Reso.PDF 04-00573 Application & Supp Docs.PDF 04-00573 Legislation.PDF 04-00573 & 04-00573a Exhibit A.PDF 04-00573-submittal-liquor survey.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 2143 and 2161 SW 6th Street and 2160 SW 5th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 6-2. See companion File ID 04-00573a. PURPOSE: This will change the above properties to Restricted Commercial. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 10 to the Commission Meeting currently scheduled for September 7, 2004. PZ.11 04-00573a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3 City of Miami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 " MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2160 SOUTHWEST 5TH STREET AND 2143 AND 2161 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00573a FR Fact Sheet.pdf 04-00573a Analysis.PDF 04-00573a Zoning Map.pdf 04-00573 & 04-00573a Aerial Map.pdf 04-00573a ZB Reso.PDF 04-00573a Application & Supp Docs.PDF 04-00573a Legislation.PDF 04-00573 & 04-00573a Exhibit A.PDF 04-00573a-submittal-liquor survey.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium - Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2160 SW 5th Street and 2143 and 2161 SW 6th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 5-4. See companion File ID 04-00573. PURPOSE: This will change the above properties to C-1 Restricted Commercial. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ.11 to the Commission Meeting currently scheduled for September 7, 2004. PZ.12 04-00574 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41 ST AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "OFFICE"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED City of Miami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00574 SR Fact Sheet.pdf 04-00574 Analysis.PDF 04-00574 Land Use Map.pdf 04-00574 & 04-00574a Aerial Map.pdf 04-00574 PAB Reso.PDF 04-00574 Application & Supp Docs.PDF 04-00574 Legislation.PDF 04-00574 & 04-00574a Exhibit A.PDF 04-00574a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Office" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 10, 16 and 100 SW 41 st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 8-0. See companion File ID 04-00574a. PURPOSE: This will change the above properties to Office. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ12 to the Commission Meeting currently scheduled for September 7, 2004. PZ.13 04-00574a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 32, 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 WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "0" OFFICE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41ST AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00574a SR Fact Sheet.pdf 04-00574a Analysis.PDF 04-00574a Zoning Map.pdf 04-00574 & 04-00574a Aerial Map.pdf 04-00574a ZB Reso.PDF 04-00574a Application & Supp Docs.PDF 04-00574a Legislation.PDF 04-00574 & 04-00574a Exhibit A.PDF 04-00574a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential with an SD-12 Buffer Overlay District to 0 Office to Change the Zoning Atlas LOCATION: Approximately 10, 16 and 100 SW 41 st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 7-1. See companion File ID 04-00574. PURPOSE: This will change the above properties to 0 Office. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 13 to the Commission Meeting currently scheduled for September 7, 2004. PZ.14 04-00564 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 3253, 3265 AND 3269 SOUTHWEST 22ND 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. City of Miami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00564 SR Fact Sheet.pdf 04-00564 Analysis.PDF 04-00564 Land Use Map.pdf 04-00564 & 04-00564a Aerial Map.pdf 04-00564 School Brd Recomm.PDF 04-00564 PAB Reso.PDF 04-00564 Application & Supp Docs.PDF 04-00564 Legislation.PDF 04-00564 & 04-00564a Exhibit A.PDF 04-00564 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 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00564a. PURPOSE: This will change the above properties to Restricted Commercial CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 14 to the Commission Meeting currently scheduled for September 7, 2004. PZ.15 04-00564a 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 WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265 AND 3269 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00564a SR Fact Sheet.pdf 04-00564a Analysis.PDF 04-00564a Zoning Map.pdf 04-00564 & 04-00564a Aerial Map.pdf 04-00564a ZB Reso.PDF 04-00564a Application & Supp Docs.PDF 04-00564a Legislation.PDF 04-00564 & 04-00564a Exhibit A.PDF 04-00564a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 6-3. Also, recommended approval to change the zoning from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD- 23 Coral Way Special Overlay District for lot 34 and SD-12 Buffer Overlay District over the remaining lots 32 and 33. See companion File ID 04-00564. PURPOSE: This will change the above properties C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 15 to the Commission Meeting currently scheduled for September 7, 2004. PZ.16 04-00571 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 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, FROM "SINGLE FAMILY 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 of Miami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00571 SR Fact Sheet.pdf 04-00571 Analysis.PDF 04-00571 Land Use Map.pdf 04-00571 & 04-00571a Aerial Map.pdf 04-00571 PAB Reso.PDF 04-00571 Application & Supp Docs.PDF 04-00571 Legislation.PDF 04-00571 & 04-00571a ExhibitA.PDF 04-00571 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00571 a. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Teele Vice Chairman Sanchez: All right. PZ.4. Lourdes Slazyk (Assistant Director, Planning & Zoning): Actually, the rest of them were all continued up until 16, so PZ.16 and 17 are next. Commissioner Winton: We need to hold on -- Ms. Slazyk: Sure. Commissioner Winton: -- on that. I need an opinion from the City Attorney. This is St. Stephen's School. 1 have a son at St. Stephen's School. Do I need to get out of here? Joel Maxwell (Deputy City Attorney): No. It's a zoning change. It doesn't -- put it on the record -- it does not inure to special benefit. Commissioner Winton: So, I'll put that on the record. Vice Chairman Sanchez: PZ -- City of Miami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Hold on. I need to put this on the record Vice Chairman Sanchez: You need to put something on the record? Commissioner Winton: Yeah, on this item. Vice Chairman Sanchez: All right. Commissioner Winton, you're recognized. Commissioner Winton: On PZ (Planning & Zoning) -- what number? Unidentified Speaker: 16. Ms. Slazyk: PZ 16 and 17. Commissioner Winton: PZ 16 and 17 are about St. Stephen's School and I asked the City Attorney -- I have -- my son Addison goes to St. Stephen's, so I wanted to find out if I had a conflict and needed to recuse myself from the discussion here, and Mr. City Attorney, would you put on the record what you told me? Mr. Maxwell: Yes, sir. I do not believe that you need to recuse yourself. You do not have a conflict of interest under law because this is a zoning change. The applicant would be St. Stephen's, the property owner . It would not inure to your special gain. Therefore, I do not believe you have a conflict of interest. Vice Chairman Sanchez: What are you going to benefit? Is your kid -- Commissioner Winton: But they could threaten to throw my kid out -- Vice Chairman Sanchez: -- going to get better grades? Commissioner Winton: -- if we don't vote for it, right? Vice Chairman Sanchez: Hey, what are you going to benefit? Is your kid going to get better grades? Commissioner Winton: Are you kidding me? Vice Chairman Sanchez: All right. City Attorney states no conflict of interest. PZ 16, you're recognized. Ms. Slazyk: Right. 16 and 17 are companion zoning and land use change for the property at 3439 Main Highway, also known as St. Stephen's. The request is to go from single-family residential to restricted commercial, with the zoning changing going to SD-2. The important thing here is with the zoning change with the SD-2, we know that we will have Class II rights to review whatever they're going to do. We've been -- we recommended approval. It's also been recommended approval by the Planning Advisory Board and by the Zoning Board, finding that it is consistent with the criteria for the Comprehensive Plan and the zoning change. Vice Chairman Sanchez: First reading ordinance, requiring a public hearing. The public hearing is open. Anyone from the public wishing to speak on the item, please step forward. Seeing none, public hearing is closed. Need a motion. Commissioner Winton: And I would move, and I'd like to make the comment that the -- City of Miami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: There's a motion. Need a second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second. Commissioner Gonzalez: -- for the purpose of discussion. You're recognized. Commissioner Winton: Thank you, sir, and that is that this is simply coding what actually has happened there for years. They've got a parking lot -- Ms. Slazyk: Yes. Commissioner Winton: -- right there at the school, and this allows them to use the parking lot, not only for school use, as they've always done, but also for nighttime parking for patrons when the school's not in use, which they've always done, but it turns out that using it for parking for non -school use isn't legal because it was R-1, so that's what this is all about. Ms. Slazyk: Right. This would allow them to use it for commercial parking purposes, and again Commissioner Winton: Which the Grove desperately needs. Ms. Slazyk: Right -- and again, for the future, we are comfortable with the SD-2 that if there ever was going to be another construction, at least we get a chance to do design review, so -- Vice Chairman Sanchez: City Attorney, read the ordinance for the record. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Roll call. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): First reading passes, 3/0. PZ.17 04-00571a 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 WITH AN "SD-18" MINIMUM LOT SIZE DISTRICT TO "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00571a SR Fact Sheet.pdf 04-00571a Analysis.PDF 04-00571a Zoning Map.pdf 04-00571 & 04-00571a Aerial Map.pdf 04-00571a ZB Reso.PDF 04-00571aApplication & Supp Docs.PDF 04-00571a Legislation.PDF 04-00571 & 04-00571a Exhibit A.PDF 04-00571a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential with an SD-18 Minimum Lot Size District to SD-2 Coconut Grove Central Commercial District to Change the Zoning Atlas LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-0. See companion File ID 04-00571. PURPOSE: This will change the above properties to SD-2 Coconut Grove Central Commercial District. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Teele Vice Chairman Sanchez: PZ 17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.17 is the companion zoning change from R-1 and SD-18 to SD-2. It's been recommended for approval by the Zoning Board and approval by Planning & Zoning Department. Vice Chairman Sanchez: PZ 17 is a first reading ordinance, requiring a public hearing. The public hearing is open. Anyone from the public wishing to address this Commission, please step forward. Seeing none, hearing none, the public hearing is closed. Need a motion. Commissioner Winton: So move. Vice Chairman Sanchez: Motion by Commissioner Winton. Commissioner Gonzalez:: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. It is open for discussion. Hearing none, it's an ordinance. City Attorney, please read it for the record. The Ordinance was read by title into the public record by the Deputy City Attorney. City of Miami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: Madam Clerk. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): First reading passes, 3/0. PZ.18 04-00561 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 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00561 FR Fact Sheet.pdf 04-00561 Analysis.PDF 04-00561 Land Use Map.pdf 04-00561 & 04-00561a Aerial Map.pdf 04-00561 School Brd Recomm.PDF 04-00561 PAB Reso.PDF 04-00561 Application & Supp Docs.PDF 04-00561 Legislation.PDF 04-00561 & 04-00561a Exhibit A.PDF 04-00561-submittal 1 - letter.pdf 04-00561-submittal 2 - declaration of covenants.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 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00561 a. PURPOSE: This will change the above property to Restricted Commercial. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was City of Miami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 18 to the Commission Meeting currently scheduled for September 7, 2004. PZ.19 04-00561a 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 "R-4 " MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00561a FR Fact Sheet.pdf 04-00561a Analysis.PDF 04-00561a Zoning Map.pdf 04-00561 & 04-00561a Aerial Map.pdf 04-00561a ZB Reso.PDF 04-00561a Application & Supp Docs.PDF 04-00561a Legislation.PDF 04-00561 & 04-00561a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High - Density Residential to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District to Change the Zoning Atlas LOCATION: Approximately 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 7-2. See companion File ID 04-00561. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ 19 to the Commission Meeting currently scheduled for September 7, 2004. PZ.20 04-00729 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. City of Miami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 " TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2957, 2981, AND 2983 SOUTHWEST 38TH COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00729 SR Fact Sheet.pdf 04-00729 Analysis.PDF 04-00729 Zoning Map.pdf 04-00729 Aerial Map.pdf 04-00729 ZB Reso.PDF 04-00729 Application & Supp Docs.PDF 04-00729 Legislation.PDF 04-00729 Exhibit A.PDF 04-00729 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 2957, 2981 and 2983 SW 38th Court APPLICANT(S): Premier Luxury Investments, LLC APPLICANT(S) AGENT: Maria Gralia, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 6-2. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Teele Vice Chairman Sanchez: PZ 18 has been continued. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. 19, also continued. Vice Chairman Sanchez: 19 has also been continued. Move on to PZ20. Ms. Slazyk: PZ 20 is a change of zoning in order to add the SD-12 Buffer Overlay District to the properties at 2957, 2981 and 2983 Southwest 38th Court. This would allow the properties to be used for surface parking for the adjacent commercial district. It's been recommended for approval by the Zoning Board and approval by the Planning & Zoning Department. City of Miami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: PZ.20 is a first reading ordinance, requiring a public hearing. Public hearing is open. Anyone from the public wishing to step forward and speak on the item? Seeing none, public hearing is closed. Need a motion. Commissioner Gonzalez: Commissioner Winton. Commissioner Winton: This is a good thing? Ms. Slazyk: Yeah. What -- this is a property that's on Bird Road. In order to do commercial development and have sufficient parking, what the SD -- Commissioner Winton: The property is on Bird -- the -- Ms. Slazyk: The commercial property's -- Commissioner Winton: -- this property -- Ms. Slazyk: -- on Bird, and this is for the residential lofts that are behind it, to add the SD-12 overlay. It doesn't mean they can bring commercial uses onto the property. It still can only be used for residential or surface parking to serve the adjacent commercial. This -- Commissioner Winton: But are we -- and are we requiring them to do any special landscaping and buffering? Ms. Slazyk: Yes, we are. What happens is, once they get the zoning change, in order to actually begin to use it for parking, they have to get a special exception and provide a 20 foot landscape buffer. Commissioner Winton: Wonderful. Ms. Slazyk: So they're going to be filing and coming through design review for that after they get this. Commissioner Winton: Great. So moved. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Gonzalez. It is open for discussion. Hearing none, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Madam Clerk. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): First reading passes, 3/0. PLANNING AND ZONING ITEMS - 2:30 PM PZ.21 04-00720 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, City of Miami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 FOR THE OCEAN PALACE PROJECT, TO BE LOCATED AT APPROXIMATELY 850 NORTHWEST LE JEUNE ROAD, MIAMI, FLORIDA, TO BE COMPRISED OF A FIVE -STORY, MIXED -USE STRUCTURE, WITH 400 TOTAL MULTIFAMILY RESIDENITAL UNITS WITH RECREATIONAL FACILITIES, 8,600 SQUARE FEET OF GROUND LEVEL, RETAIL SPACE AND APPROXIMATELY 809 TOTAL UNDERGROUND PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00720 MUSP Fact Sheet.pdf 04-00720 MUSP Analysis.PDF 04-00720 Zoning Map.pdf 04-00720 Aerial Map.pdf 04-00720 School Brd Recomm.PDF 04-00720 Traffic Impact Analysis.PDF 04-00720 MIA Letter.PDF 04-00720 Miami -Dade Aviation Letter.PDF 04-00720 PAB Reso.PDF 04-00720 MUSP Application.PDF 04-00720 Sp Ex Fact Sheet.PDF 04-00720 Sp Ex Analysis.PDF 04-00720 ZB Reso.PDF 04-00720 Sp Ex Application & Supp Docs.PDF 04-00720 Plans.PDF 04-00720 Legislation.PDF 04-00720 Exhibit A.PDF 04-00720 Exhibit B.PDF 04-00720 Exhibit C.PDF REQUEST: Major Use Special Permit for the Ocean Palace Project LOCATION: Approximately 850 NW Le Jeune Road APPLICANT(S): Century Homebuilders of South Florida, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 7-0. ZONING BOARD: Recommended approval with conditions* of special exceptions to City Commission on May 10, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the development of the Ocean Palace Project. City of Miami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item PZ.21 to the Commission Meeting currently scheduled for September 7, 2004. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, to reconsider previous continuance of Item PZ.21 to September 7, 2004. A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ21 to the Commission Meeting currently scheduled for September 23, 2004, after 3 p.m. Chairman Teele: All right. Commissioner Gonzalez: All right. Chairman Teele: I'm being asked or instructed by the Clerk's Office that we should reconsider PZ.21 for the purpose of agreeing on a date that we want to hear that item, so is there a motion to reconsider the deferral of PZ.21 ? Commissioner Gonzalez: Move to reconsider PZ.21. Chairman Teele: For the deferral. Commissioner Gonzalez: For the deferral. Chairman Teele: Is there a second? Commissioner Regalado: Second Chairman Teele: Second by Commissioner Regalado for the purpose of discussion. All right. Teresa, why don't you come and tell us -- we've moved PZ. 21 to when? Teresita Fernandez (Executive Secretary, Hearing Boards): We moved it -- Chairman Teele: Your name and address for the record. Ms. Fernandez: Teresita Fernandez, Hearing Boards. You moved PZ21 to September 7th. Mr. Pastoriza this morning had requested that that item be placed on the September 23rd agenda. Chairman Teele: That's correct, and I appreciate you keeping the record straight. Ms. Fernandez: Thank you. Chairman Teele: When Gil -- when the attorney representing PZ.21 came up, we've made a commitment to him that we would hear it on the second meeting in September because of availability. You know, he wanted us to schedule it, so could we now move PZ.21 in accordance with the request -- Commissioner Winton: So moved. Chairman Teele: -- of counsel -- Commissioner Gonzalez: Second. City of Miami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Fernandez: Thank you. Chairman Teele: And that would be, let's say, for after 3 p.m. on that date. Ms. Fernandez: 3 p.m. Thank you. Chairman Teele: Yeah. We have a motion and a second Is there objection? All those in favor, say "aye". The Commission (Collectively): Aye. Chairman Teele: All opposed? PZ.22 04-00724 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 AVANT TOWERS PROJECT, TO BE LOCATED AT APPROXIMATELY 234-272 NORTHEAST 34TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 17-STORY MIXED -USE STRUCTURE CONSISTING OF 114 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 12,900 SQUARE FEET OF COMMERCIAL USE AND 194 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00724 Fact Sheet.pdf 04-00724 Analysis.PDF 04-00724 Zoning Map.pdf 04-00724 Aerial Map.pdf 04-00724 School Brd Recomm.PDF 04-00724 FAA Letter.PDF 04-00724 Traffic Impact Analysis.PDF 04-00724 PAB Reso.PDF 04-00724 Application & Supp Docs.PDF 04-00724 Plans.PDF 04-00724 Legislation.PDF 04-00724 Exhibit A - Modif.pdf 04-00724 Exhibit B.PDF 04-00724 Exhibit C.PDF REQUEST: Major Use Special Permit for the Avant Towers Project LOCATION: Approximately 234-272 NE 34 Street APPLICANT(S): Avant Towers, LC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: City of Miami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Avant Towers Project. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: I - Commissioner Teele R-04-0500 Vice Chairman Sanchez: PZ 21. Lourdes Slazyk (Assistant Director, Planning & Zoning): 21 has been continued, so we're going to go to 22. Vice Chairman Sanchez: PZ 22. Ms. Slazyk: PZ22 is the Major Use Special Permit for the Avant Towers Project at 234 to 272 Northeast 34th Street. This is a Major Use Special Permit to allow a 17-story mixed use structure with 114 multifamily residential units, about 12,900 square feet of commercial use, and a total of 194 parking spaces. It's been recommended for approval by the Planning Advisory Board and approval by the Planning & Zoning Department, with the conditions that are in your package in the development order. Vice Chairman Sanchez: Is there any opposition on this item? Is there any opposition on this item? OK, applicant, you're recognized. Ready? Ben Fernandez: Yes, sir. For the record, my name is Ben Fernandez, with law offices at 200 South Biscayne Boulevard I'm here on behalf of Avant Towers, LLC. We are very proud of this project. This is going to be one of the first towers on the boulevard, on the west side of the boulevard It's going to bridge the gap between the things along the water and the new Midtown area. It's approximately an acre in size. It's been designed by Dean Lewis of Dean Lewis Architecture and Design. Commissioner Winton: That's been a great presentation. Mr. Fernandez: Thank you. Commissioner Winton: I'll move the item. Vice Chairman Sanchez: Well, before you do that -- it's a public hearing -- we need to open it for the public. Anyone from the public wishing to step forward and address this issue, please step forward. Seeing none, for the record, the public hearing is closed. It's a -- Commissioner Winton: And I'll tell you what -- Vice Chairman Sanchez: -- resolution. Commissioner Winton: And the reason -- City of Miami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Gonzalez: Second. Commissioner Winton: -- that 1 was so quick to do this is because it is on the west side of the boulevard, so that changes dramatically some of the stuff that's going on on the east side, where we've got a total mess developing, but glad to see something on the west. Vice Chairman Sanchez: All right. There's -- Commissioner Winton: So move. Vice Chairman Sanchez: -- a motion by Commissioner Winton -- Commissioner Gonzalez: Second. Vice Chairman Sanchez: -- second by Commissioner Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4/0. Mr. Fernandez: Thank you. Vice Chairman Sanchez: Great presentation there, Ben. Mr. Fernandez: Thank you, sir. Vice Chairman Sanchez: You've earned your money today. PZ.23 04-00721 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 TERRAZAS RIVER PARK VILLAGE PROJECT, LOCATED AT APPROXIMATELY 1861 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, TO BE COMPRISED OF TWO BUILDINGS (ONE 20-STORY AND ONE 27-STORY) HOUSING 324 TOTAL MULTIFAMILY RESIDENTIAL UNITS AND 522 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 of Miami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00721 Fact Sheet.pdf 04-00721 Analysis.PDF 04-00721 Zoning Map.pdf 04-00721 Aerial Map.pdf 04-00721 Miami Riv Comm Recomm.PDF 04-00721 School Brd Recomm.PDF 04-00721 Traffic Impact Analysis.PDF 04-00721 PAB Reso.PDF 04-00721 Application & Supp Docs.PDF 04-00721 Plans.PDF 04-00721 Legislation.PDF 04-00721 Exhibit A.PDF 04-00721 Exhibit B.PDF 04-00721 Exhibit C.PDF 04-00721 - submittal - 1.pdf 04-00721 - submittal 2.pdf 04-00721 - submittal - 3.pdf 04-00721 - submittal - 4.pdf 04-00721 - submittal - 5.pdf 04-00721 - submittal - 6.pdf REQUEST: Major Use Special Permit for the Terrazas River Park Village Project LOCATION: Approximately 1861 NW S River Drive APPLICANT(S): Windmoor Project, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: Recommended approval with conditions* to City Commission on April 5, 2004 by a vote of 8-4. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Pending recommendation on July 20, 2004. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the development of the Terrazas River Park Village Project. Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Teele R-04-0502 City of Miami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Direction to the City Manager by Commissioner Gonzalez to earmark funds generated by impact fees from this project to benefit the infrastructure of the area neighborhood Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ23 is -- Vice Chairman Sanchez: PZ23. Ms. Slazyk: PZ23 is a Major Use for the Terrazas River Park Village Project located at approximately 1861 Northwest South River Drive. This is a Major Use Special Permit to allow two buildings housing 324 multifamily residential units, and 522 total parking spaces. It's been recommended for approval by the Planning Advisory Board and approval by the Planning & Zoning Department, with the conditions in your package. The project did not require any zoning changes. It is consistent with the Comprehensive Plan and with the City's adopted Miami River Master Plan. The project was also recommended for approval by the Design Review Board. The -- there is one condition I just need to modem. The applicant did receive approval yesterday by the Historic and Environmental Preservation Board -- or Tuesday, I'm sorry -- regarding the archaeological monitoring plan, and 1 would add as a condition to this development order that they comply with the -- Vice Chairman Sanchez: Applicant, do you accept the condition? Ms. Slazyk: -- approval from the board Vice Chairman Sanchez: I believe the applicant needs to state it on the record that she accepts the condtion. Lucia Dougherty: Yes, sir, we accept the condition. Lucia Dougherty, with offices at 1221 Brickell Avenue here today on behalf of the owner, as well as the applicant, and with me is the Project Manager, Alan Lester. The MUSP (Major Use Special Permit) is a -- this Major Use Special Permit is actually a second phase of a two phased project. The first phase was approved about a year ago, and it was for 200 units. The request today on this agenda is for 124 units, 124 additional units and a tower of 20 stories. The property is zoned R-4 and conforms to all zoning regulations. We are not requesting any variances or special exceptions. It is located on the south side of the Miami River, approximately 18th Avenue, immediately west of Sewell Park. The former use of this property was a psychiatric building, or psychiatric hospital. This project is a new residential building. The structure is basically placed in the same footprint as the psychiatric hospital because this particular site has one of the most beautiful trees in all of Dade County. In fact, we are preserving most of the natural features of the building. The architect -- we have worked with our architect and our arborist, Lisa Hammer, to make sure that we preserve the maximum number of trees and enhance those trees. We have gotten approval from the Historic Preservation Board for both the tree removal, as well as our Certificate of Appropriateness to dig. We think this is a very exciting project and will bring many people to the area and eyes on the park, which we believe will help preserve the natural beauty of this area. The building itself has liner uses, liner residential uses on the garage. The project has been recommended by the staff. It's been reviewed by the internal Design Review Committee, approved by the UDRB (Urban Development Review Board), the Large Scale Development Committee meeting. It has an FAA (Federal Aviation Administration) letter. It's been approved by the Miami River Commission. It is consistent with the Miami River Coordinating Plan, and again, it's also been approved by the Planning Advisory Board. This area is in Allapattah, and 1 don't have to tell you that the area is in a Community Revitalization District. The impact fees alone will be $1,173, 000, which both the applicant and the neighbors hope that we can use in this district itself The permit fees are $720,000. The affordable housing fee is $845,000. This area, as noted in your Consolidated Plan, which I passed out at the last meeting for another project, is one of the highest areas of employment in -- throughout the City. City of Miami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Of what? Ms. Dougherty: Employment, meaning the hospitals -- and I could just go over that again for you to remind you -- UM/Jackson Memorial Hospital, Medical Administration Center, Cedars Medical Center, Richard Gerstein Justice Building, State Attorney's Office, the Miami -Dade Community College, Lindsay Hopkins Technical Center, the Green -- and then, also, there are 2, 000 jobs anticipated with the expansion of the Goodwill Manufacturing Industries in the neighborhood, so while we have one of the highest areas of unemployment, again, this Consolidated Plan shows that we have one of the lowest areas offolks to live in. There are -- 20 percent of the people who live in Allapattah own their own homes. There are 393 vacancies in all of Allapattah. Between 1999 and 2004, there were 31 housing units built in Allapattah. Between 1990 and today, there were a total of 574 housing units built in Allapattah, so as you can see, while we have one of the largest areas of employment, we have one of the lowest places of units for folks to live in who work in the very nearby area so, from a public policy standpoint, you really want to have people being able to live close to where they're employed, so you don't have them driving up and down the other streets, saving gas, saving time, and also bringing in the taxes into the City. We know that the traffic is a concern to our neighbors, so I would like our Traffic Planner from Kimley-Horn, John McWilliams, to come forward and give you a little presentation. After he speaks, I'll have Jaime Schapiro speak, who's the architect, and then any supporters that might be here for the project. Commissioner Winton: Could 1 ask you a question quickly? Ms. Dougherty: Sure. Commissioner Winton: You said this is phase 11? Vice Chairman Sanchez: All right. Ms. Dougherty: Yes. Let me show you that. Commissioner Winton: What's phase I? Ms. Dougherty: Yes. It's actually all one project -- Commissioner Winton: Um-hmm. Ms. Dougherty: -- because the Major Use Special Permit encompasses the entire building, but this is the first phase that has already been approved by a Class II Permit. Commissioner Winton: OK, and so that's the second one. Got it. Ms. Dougherty: Let me also show you -- could you get me my exhibit from under -- Ms. Slazyk: Just for the record, Commissioner, the first phase was under the threshold of a Major Use, so all it needed was a Class II for being on the waterfront, and the second phase is what crossed the threshold to a Major Use, and that's why that's what's here today. Ms. Dougherty: I would just point out to you this board, which shows that this -- in June of 2003, we started the process to get the Class 11 Permit approved for a 35-story building and 200 units. We have revised that now to a 27-story building and a 20-story building, so we've actually reduced the height of the building from what was approved. You have a quizzical look on your face. Commissioner Winton: Well, I'm trying -- City of Miami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Dougherty: Could you hold this? Commissioner Winton: -- I'm just trying to understand -- Ms. Dougherty: OK. Commissioner Winton: -- from a public policy standpoint. They have one phase approved as a Class II Permit. Ms. Slazyk: Correct. Commissioner Winton: And that's how many units? Ms. Slazyk: You can get up to 200 units without being a Major Use; 201 requires a Major Use. Commissioner Winton: And so, if they built, in phase II, one unit -- Ms. Slazyk: They have to have a Major Use Special Permit. Commissioner Winton: -- that triggers the MUSP? Ms. Slazyk: Yes. They're doing a second tower -- Commissioner Winton: And -- Ms. Slazyk: -- but it -- yes, it does. Commissioner Winton: But the Class II doesn't come under the rules and regulations of the MUSP? Ms. Slazyk: It -- for design review, it is the same criteria, so we did do the design review for phase I, but the public hearings with the traffic study and the technical review, all of that is triggered with the Major Use. It's now their -- Commissioner Winton: For phase I? Ms. Slazyk: -- they added a second tower. No, for both. Commissioner Winton: Well, that's my question. For both. Ms. Slazyk: It's for both now. For both -- the Planning Director is allowed, under a Class II, to ask for additional information they may need. We can ask for traffic studies, but there's no public hearings with a Class 11. Commissioner Winton: And -- OK. Ms. Slazyk: So the Major Use is what puts it into a hearing. Commissioner Winton: Got it. Vice Chairman Sanchez: All right. Ms. Dougherty: So, our traffic engineer to come forward and -- City of Miami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Lucia, you need to hold that microphone up here -- no. Hold it up. Vice Chairman Sanchez: Lucia, how much time are you going to need? Commissioner Winton: That triggers it to work. Ms. Dougherty: OK. Vice Chairman Sanchez: Lucia. Ms. Dougherty: Yes, sir. Vice Chairman Sanchez: How much time are you going to need for all the testimony? Ms. Dougherty: Probably not more than 10 minutes, or less. Actually, probably five minutes. Vice Chairman Sanchez: OK. Greg Kyle: Good afternoon. Greg Kyle, Kimley-Horn & Associates. We're the traffic consultant for this project, and I'll start off by saying that we did complete all the traffic analysis that are required for a MUSP, as part of this process, and it was found that there is adequate infrastructure to support the project, and this -- our report was reviewed, and City staff and the City's traffic consultant agreed with our findings. However, we continue to work to address and find transportation solutions in the area. We heard some concerns from the neighborhood residents that there's some delay getting out of their neighborhood onto Northwest 17th Avenue. We went out and we collected data. We analyzed the intersection, and we are now working with Miami -Dade County, and they have agreed to modify the signal timing at that location to give additional green time to the side street to improve their ability to exit the neighborhood Another thing that we have done is some research in terms of some future projects in the area that are going to benefit the transportation system, and there's quite a few. A couple that I'm going to point out are Northwest 12th Avenue. The bridge over the Miami River is going to be widened and it's also going to raised. That's going to limit the need to raise the bridge. Commissioner Gonzalez: Excuse me. Northwest 12th Avenue? Mr. Kyle: Yes. Commissioner Gonzalez: And what relation does Northwest 12th Avenue has with Northwest 17 th Avenue? Mr. Kyle: It's a parallel corridor that serves many of the trips and, actually, links it to the major destinations, to the hospital area to the north of the river, and as that corridor is improved, it's going to lessen the traffic that's using 17th Avenue to avoid the congestion on 12th Avenue that we find today. One other item that some of the residents identified when we went out and spoke to them was, traffic cutting through the neighborhood to avoid congestion on State Road 836 on the expressway. A lot of that was caused over the past couple of years because of the fact that the tollbooth out there was under construction and it was causing a lot of delay. In the future, 836 is also going to be widened, and that will, again, provide some more capacity out there and reduce the need for traffic cutting through the neighborhood, so that's going to be another positive aspect, in terms of transportation. Thank you. Commissioner Winton: You have to hold it high -- well, you have to hold it up there, yes. Ms. Dougherty: OK. Before you leave, could you comment about the kind of traffic that was -- you could anticipate with a fully running psychiatric hospital that was there? City of Miami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Kyle: In terms of -- if there was a -- the psychiatric hospital out there today would be generating trips, so the net increase in trips isn't going to be too significant for the condo as opposed to the psychiatric hospital that would have been in place. Ms. Dougherty: And could you also anticipate any other improvements to widen or have a right turn on 17th Avenue? Mr. Kyle: Another item that we took a look at was whether there would be the potential to add another lane on the approach of South River Drive to Northwest 17th Avenue. Currently, there is only one lane, so if someone wants to make a right turn, they're stuck behind someone that wants to make a left until the light turns green. It's a pretty tight location there. We did take a look at it, and if you were to eliminate the sidewalk on the south side of the street, you could squeeze an extra lane in there, so that's a trade-off that would have to be considered. Ms. Dougherty: The other option would be to take it from the other side of the street but, in either event, if that's something that the City wanted to do, the developer has agreed to pay for that. Mr. Kyle: But, as we mentioned, we have already worked with Miami -Dade County and they are in the process of implementing changes to the traffic signal there that will give additional green time to the side street, which will improve the traffic flow out of the neighborhood. Ms. Dougherty: And -- Mr. Kyle: OK. One other issue that we took a look at was the opening of the 17th Avenue Bridge over the Miami River. Right now, the bridge is restricted from opening from about 7:30 to 9 in the morning, and again, from about 4:30 to 6 o'clock in the afternoon. We looked at a couple things. One thing we looked at is are they actually following the regulation as it's intended to be, and the regulation is being followed. It's not opening when it's not supposed to. However, it's opening quite a bit in advance of that 4:30 in the afternoon restriction, and that's during a peak traffic period. In the future, there may be some consideration over whether that -- the restriction should be extended to cover the peak hour of the afternoon by starting a little bit earlier in the afternoon. Commissioner Regalado: Because, you know, usually all the shifts in the medical profession ends at 3 p.m., and if you see 826 west, the real flow starts at 3:15 in the afternoon, and that bridge is very complicated after 3:15, 3:30. Ms. Dougherty: Jaime was -- he'll just present, very briefly, his -- the architecture for the project and the site planning. Jaime Schapiro: Good afternoon. My name is Jaime Schapiro, with offices in 1150 Kane Concourse, Bay Harbor. The only thing I would like to add is a short description of the project. The project consists of as you have seen, the two towers, 20 and 27 stories on top of a pedestal that has 45 stories, and has a liner building facade. Altogether, the project has 324 units. The pedestal has been designed to minimize the neighborhood scale. The upper buildings are recessed to minimize the impact on the side. The top of the pedestal has a largely landscaped terrace and recreational elements, like a pool, meeting rooms, gym, annex facilities and all of them overlook the park, the river and the Miami skyline, and that's the floor that also contains the first residential units. The pedestal facade that fronts the river and the publicly accessible river walk connects with approximately 5,000 square feet of accessory commercial space, which potentially could be used for restaurants, retails and offices. There's also a strong connection with the park and also a pedestrian link that goes from the street to the river, as well has a tremendous physical and visual connection. The promenade -- the riverfront promenade has City of Miami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 been designed and is the connection with the rest of the riverfront system. If you have any questions, you know, I'll open -- Vice Chairman Sanchez: No. Ms. Dougherty: That's a very important point. This is part of your river walk and the Greenway Plan. We do have a publicly accessible walk -- river walk in front of the building and do comply with the Greenway Plan on the land side, as well, and we also have total liner uses of townhouses both in the front facing the street, as well as on the side facing the river; the front of the building on the street, as well as on the park, so the -- there is no garage that can be seen anywhere on the building because it is liner uses of residential. Alan Lester: My name is Alan Lester, offices at 2600 Southwest 3rd Avenue. I'm Project Manager, and 1 heard some of my neighbors go "Aww, " and so do I about taking the sidewalk out for a turn light. We just looked at the feasibility. My first reaction was exactly as theirs, but we leave it to your hands. If that's what you'd like us to do, we'd be willing to do it. It's not an option we would necessarily recommend, but it is an option. Also, as to the bridge, it is a complicated issue. We do have the statistics. We have in front of Dade County to double the cycle in the afternoon for the light to get more traffic over the bridge, and with the dredging of the river, the requirement to open the bridge possibly, once again, with your help, we could go ahead and extend the hours of the restricted hours for opening and closing bridges. Thank you. Vice Chairman Sanchez: Does that conclude your presentation? Ms. Dougherty: Yes, sir. Vice Chairman Sanchez: It does? OK. It's a public hearing. 1 know there's some people here that -- the public hearing is open. All those that are wishing to speak on the item, please come forward. State your name for the record, and have you been sworn in? You have been sworn in, OK. Madam Clerk, can they sign in to speak? Yeah. You'll -- Robert Parks: I've not been sworn in. Vice Chairman Sanchez: You have not been sworn in, Bob? Mr. Parks: No. Vice Chairman Sanchez: Madam Clerk, could we swear everyone in? Sylvia Scheider (Assistant City Clerk): All of those that are going to be speaking on Planning & Zoning items, please stand up and raise your right hand The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Vice Chairman Sanchez: All right. This is the public hearing, speaking for or against are welcomed so, Bob, we'll go ahead and start with you. Please state your name for the record. Mr. Parks: Robert Parks, Chair of the Miami River Commission. Mr. Vice Chairman, members of the Commission, I wish to report to you that both phases, but particularly, the one you're talking about today, came before the Miami River Commission; also, came before our Urban Infill Plan Working Group and our Greenway Working Group. The Commission found that the project, which is in front of you today, is consistent with both the Urban Infill Plan and the Miami River Greenway Action Plan. We made three requests for modifications: one, that there would be a 16 foot minimum unobstructed river walk with access for the public on the river, with City of Miami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 green space, et cetera, et cetera. Another was that there would be an 8-foot unobstructed space on the Northwest South River Drive side of the building for the greenway, and that they would provide connectivity between the river walk and the on road greenway sections. The developer was gracious enough to consider that and to tell us that they would do that. We believe then that this is consistent with those modifications, and I wish to advise you that this Commission recommends that the project go forward and be approved. 1 would add one thing personally, if I may, Mr. Vice Chair -- Vice Chairman Sanchez: Yes, sir. Mr. Parks: -- that I personally believe that, in addition to the quality of the project, it's going to have a real positive benefit on the use and viability of Sewell Park and keeping that a healthy and utilized park, and there's been some concern, and rightly so, that because it doesn't get utilized, it falls prey to certain elements in the society we don't want. 1 think this kind of project and its positioning with Sewell Park, which is one of our most beautiful parks in the City, is going to be compatible and beneficial for everyone over the long haul. Thank you very much. Vice Chairman Sanchez: Thank you, Mr. Parks. Sir, are you ready? Please state your name for the record Unidentified Speaker: Well, I'm going to present something. Vice Chairman Sanchez: You're going to -- Unidentified Speaker: (INAUDIBLE) along with his (UNINTELLIGIBLE), if 1 may? Vice Chairman Sanchez: So, you're going to have a PowerPoint -- Jay Veber: It's a tag team. Vice Chairman Sanchez: -- presentation? Unidentified Speaker: Yes, please. Mr. Veber: Right. Vice Chairman Sanchez: All right. Do you know how to -- Unidentified Speaker: Yeah, 1 believe so. Vice Chairman Sanchez: OK. Unidentified Speaker: 1 think. Is there a connection here? Mr. Veber: Here or there? Vice Chairman Sanchez: Yeah, there is a connection. Unidentified Speaker: I'd like to get a copy of the (INAUDIBLE). Vice Chairman Sanchez: Absolutely, yeah. Just hand it over to the Clerk. Unidentified Speaker: One over there, as well? Joel Maxwell (Deputy City Attorney): If you will, sir, hand the City Clerk a copy, as well, and City of Miami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 also hand Ms. Dougherty a copy, if you will. Vice Chairman Sanchez: Yes. Sir, could you provide the applicant a copy, please? OK. You're setting up? You need some help? Unidentified Speaker: I got it. I just got -- Mr. Veber: Ready? Unidentified Speaker: Jay. Mr. Veber: For the record, I'm Jay Veber, 1028 Northwest North River Drive, and I'm here representing Miami Neighborhoods United and the Council of River Groups. You've heard how this project is consistent with Miami Comprehensive Plan. I'm here to tell you how it isn't consistent. The Comprehensive Plan calls for us to maintain a land use pattern that protects and enhances the quality of life in the residential neighborhood. This project does not. It is an overwhelming break in the pattern of the current land use. Purpose of the Comprehensive Plan is to minimize land use conflicts. The height, the density and the scale of this project conflicts with the lower scale -- lower density of the adjacent and surrounding area. Comprehensive Plan calls for protection and conservation of significant natural and coastal resources; Sewell Park, to wit. This project threatens Sewell Park. Land Use Policy 113 of the Comprehensive Plan calls for protection from the encroachment of incompatible land uses, not to be mistaken with zoning. This land use change is going to be in a neighborhood that is predominantly low -scale and single-family homes. This same policy protects from the adverse impacts offuture land uses in adjacent areas that disrupt or degrade natural or man-made amenities. This project disrupts the natural low -scale single-family and conservation land use of the adjacent area and degrades Sewell Park's natural amenity of a landscape that's free of encroaching buildings towering over open spaces. This is not Central Park. Policy LU-141, the City will continue efforts towards reinforcing the identity and cohesiveness of each district. This project doesn't do that. It drastically changes the nature of the neighborhood with its size being out of scale with everything in its vicinity. LU-15, land use regulations should protect the City's unique natural and coastal resources. The Miami River has been recognized as the oldest natural landmark in Southeast Florida, and Sewell Park, one of the most beautiful, historic and environmentally significant parks. This project does not protect the park's current natural resource of a free landscape free of obstruction and overwhelming structures towering and overshadowing it. Policy LU-169, establishes mechanisms to mitigate potentially adverse impacts offuture development. We have yet to see those in this development. What will mitigate the colossal height and the scale of this project in relation to the homes and the park that are adjacent to it? Interpretation offuture land use plan map states that land use designations are general designations that may include more than one zoning category. All activities and uses with each designation are supposed to be compatible with each other by virtue of their scale, intensity and character. The developer has not provided elevation renderings comparing the overall height and scale of this Terrazas project compared to the single-family and townhome residences in the neighborhood. Therefore, an accurate decision as to scale, intensity and character cannot be made. There is no finding of fact or justification as to how a high -density zone is compatible in scale, intensity and character with a conservation zone and a historical park. Housing Policy 115, intended to preserve and enhance the general appearance and character of city's neighborhoods. Housing Policy 127, the City will continue to enforce, and where necessary, to strengthen those sections of the Zoning Ordinance that are intended to preserve and enhance the general appearance and character of our neighborhoods. The key words are "preserve" and " enhance. " This project does not preserve the low -scale single-family character of the neighborhood. Rather than enhance it, it is a radical alteration that will damage our neighborhood character. The development is not consistent with the Miami River Corridor Infill Plan, which is one of the reviews for approval for developments along the river. That plan is consistent with the Comprehensive Development Plan, as well as other plans. The predominant City of Miami Page 1-13 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 theme throughout the Infill Plan is to protect, maintain and reduce the impact of new development on the existing scale and character of residential neighborhoods. The following are comments from the Urban Infill Plan: The sole success of this plan is the ability of local government to implement the recommendations. While a predominant zoning in the study area is broadly classified as residential, the allowable uses, heights and densities are often incompatible in scale. Through the zoning analysis, it has been determined that there are zoning designations within and adjacent to those neighborhoods that allow development that is inconsistent with the historic character and scale of the neighborhood. The expansion and scale of the new development within the neighborhood is indeed impacting the historic character and human scale of the district. Establishment of a neighborhood conservation district to regulate new construction through the establishment of criteria related to siding, massing, articulation and other characteristics to ensure compatibility with the area's historic neighborhood character and scale. Throughout the neighborhood, height restriction should be applied to affect a stronger compatibility and visual connectivity between historic structures and new development to ensure that the potential historic district, the park and the riverfront are not overshadowed by high-rise developments. People looking out of those windows up on the upper floors are not going to appreciate the river or the park. They will be looking far upriver and far across town. This building should be set back a couple of blocks. Consideration should be given for development that respects the scale and character of the neighborhood. For areas identified as significant due to their scale, history, architecture or environmental characteristics, but not meeting criteria for historic designation, consideration should be given to establishment of a neighborhood conservation district or districts to provide protection from incompatible new construction or alterations. Throughout the neighborhood, the consideration should be given to establishing height and FAR (floor area ratio) limits to help protect the scale and character of this neighborhood. The appropriateness of the high density residential located directly on the river is highly questionable and should be reconsidered Waterfront development in Allapattah should be oriented toward low to medium density mixed use, not exceeding the existing intensity on 17th Avenue. The plan further calls for us to incorporate design guidelines to ensure that future development is compatible and that the scale appropriate to the surrounding neighborhood While the zoning of these corridors typically allows for high dential (sic) residential use, existing uses are generally low in scale. Once again, the success of this plan -- I know it hasn't been adopted by y'all. It was done by experts, adequately researched, but you sent it back to be studied again. Until you get something else in place, these are arguments that are going to be made over and over again, as you talk about the development of the middle and upper river. Please, put the brakes on. Give the new plan some time to develop. Let the neighbors speak and listen to what they have to say. We're willing to work with you. Thanks for your attention. Chairman Teele: How much (INAUDIBLE) an hour? Vice Chairman Sanchez: Thank you. I'm not giving them and hour; I'm going to give them the same amount of time I gave the applicants. Chairman Teele: OK. Christopher Rayborn: Honorable Commissioners, thank you for allowing me to speak today. My name is Christopher Rayborn. I'm the President of the Friends of Sewell Park. Miami -- I live at 1700 Northwest North River Drive. I'm here today to speak for the Friends of Sewell Park and, along with the Miami Neighborhoods United and the Council of Miami River Groups, we oppose this project, and we support the community association, and indeed, the entire community around the proposed project when we say the sheer size of this community plan will be a detriment to them and Sewell Park if you approve it. This is not Hurricane Cove. Hurricane Cove was placed in a mixed industrial area. This is on the other side of the river, and it's right in the middle of a neighborhood. Mr. Regalado noted earlier that that was a former mental hospital where people arrived -- for the most part, though, left at 3 o'clock, and there has been some comparison to that former situation. Everyone knows that mental hospitals don't City of Miami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 drive to and from the hospital, and those of us who've worked in hospitals know that staff usually arrives in the morning, leaves in the evening, and there's a skeleton crew at night. The existing parking that's there accommodated somewhere between 30 to 45 spaces, nothing like what this project will require for the 320 plus families. Mr. Sanchez noted earlier that he likes to see things before he makes changes to the plat book, and 1 know this doesn't require any changes, and Mr. Winton said that he likes -- he's getting tired of having high-rises go up next to single- family homes, and the homes next to this are not single-family, they're townhomes. Mr. Teele noted that he'd like to find out what the effect of the building and development that's happening in Miami, and he's planning to have a study on that in November. I urge you all to go out and look at this project with your own eyes before you make any decision. Another argument was made that the tower -- the 27 stories -- and the 27-story tower -- this was made at the Miami River Commission -- will provide, I quote, "much needed eyes on the park." This is a reference to the criminal activity that Mr. Parks also referred to that's endemic to most of City parks in Miami. This is not an asset you should bank on. For one thing, the Friends of Sewell Park had been working with the City and the Parks Department and yourselves to rehabilitate the park, and we've met with some success, most particularly, the removal of the structures on the other side of the park that attracted criminals, as well as fencing in the forest area that provided cover for illegal activities. You should not feel reassured that residents of the Terrazas looking out of their windows will deter crime. There had been, according to Mr. Lester, some studies about the impact that this will impact on the park. I don't know that we've seen them or that you've seen them, but we need to see them, and we need -- in addition to that, we need a shadow study because this edifice is going to cast a shadow that will undoubtedly cause some changes in the park. Without reassurances, on the contrary, I urge you to put it off for later. In general, I beg you to consider the incongruence of a conservation park, a special place that reminds us of a Miami of a different time and place, where only trees and the river and the creatures that made it their home sits next to a sky rise 27 stories tall, and ask yourselves, is this the legacy you want to leave for future generations of Miamians? The Miami Corridor Urban Infill Plan prototype for the middle river portion calls for mid -rise development. The Miami Corridor Urban Infill Plan states that South Florida's most populous neighborhoods are located within the Miami River Corridor, which questions the necessity of further increasing the density so drastically. It states that the Miami River is a destination landscape, which questions the case for such large high- rise developments drastically changing the aesthetic landscape. It states that the Miami River's our heritage, which should call for us to protect it from this type of large-scale invasive development. It describes, in addition, Sewell Park as one of the City of Miami's most beautiful historic and environmentally significant parks, which should beg us to preserve its natural character from this type of encroachment. Brett Bibeau, Assistant Manager Director of the Miami River Commission, has previously stated on record that the middle river is appropriate and/or intended for mid -rise development. The Planning Advisory Board has stated that one of the problems along this area of the river is the inconsistency and incompatibility of high-rise development with the surrounding residential neighborhoods. This calls into question the legitimacy of their approval for this project. Given the aforementioned, we submit that the endorsement or approval of the Miami River Commission be disregarded on the grounds that the approved scale and development is blatantly contradictory to the letter, spirit and intent of the Miami River Corridor Urban Infill Plan, which was officially and legally adopted by the Miami River Commission as its strategic plan, pursuant to applicable state law, on September 9th, 2002, and I thank you for your time. Chairman Teele: Thank you for your presentation. Yes, ma'am. Rhonda Barnes: Rhonda Barnes, 1020 Northwest 18th Place. The development will only have a debatable impact on the economy of the City. All projects have a temporary favorable impact on the economy of the City during construction, but once completed, the continuing impact is questionable and debatable, and given the history of this city, often the non -eventful, at least detrimental, at worst. Based on draft resolution dated 6/16/04, the project is stated to generate approximately 984,420 in tax revenues and a mere two -- it's a mere two -tenths of one percent of City of Miami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 the general fund revenue of the recommended FY (fiscal year) 2004 budget of 417, 326, 310. In addition, the recommended FY 2004 -- I'm sorry. The estimated tax revenue of favorable economic impact is a gross figure. The projections do not account for the additional public expense of police, fire, emergency medical services, maintenance or replacement of bridges and roadways, schools and other public services as a result of the increasing population and traffic density. The development will further increase the flood of new projects announced or currently being developed, creating a glut of new residents that could lead to overall price depreciation in real estate value. At a recent Commission hearing on May 6, 2004, expert testimony was given indicated that Miami presently had 14,000 unsold condominium units on the market. Given the project 15 to 20,000 additional units under development, and/or under consideration, and over 20,000 slanted within our half -mile area, this statistic points to a very credible and highly possible scenario of an oversupply of properties, leading to reduced prices that would adversely affect the real estate market and economy of the city. The development will have an adverse impact on our neighborhood and quality of life because of the increased traffic. The project will not efficiently use public transportation facilities to alleviate this. There is no definition or metric used to describe or determine what is efficient use. There is also no definition or merit to determine the exact distance that qualifies as close proximity. There was no study provided to determine what potential percentage of future residents will use public transportation. The economic demographic that can afford these residence typically have a miniscule percentage of public transportation ridership, if at all. There is no current or historical study provided to determine the percentage of residents who will live within a predetermined definition of close proximity to their place of employment or other urban core center actually use public transportation. The closest Metrorail station is 1.54 miles away, hardly one would consider a close proximity for pedestrians. No study was provided to determine the impact on the level of service of public transportation from other high -density developments going on in the immediate area, which would adversely affect variables in the determination of efficiency and contrary to the transportation element of the Miami Comprehensive Neighborhood Plan, which calls for coordination with projected development and redevelopment and other similar characteristics of land that have an impact on transportation. The development will not favorably affect the need for people to find adequate housing reasonably accessible to their places of employment. There is no clarification as to what the term "adequate" means or implies, and the developer has not provided any evidence to that effect. The project is not consistent with the housing element of the MNCP (sic), which states, "The goal of the housing element is to increase the supply of affordable housing for low and moderate income households." The objective of the housing element of the MNCP is to provide a local regulatory investment and neighborhood environment that will assist the private sector in increasing the stock of affordable housing within the City. Policy LU-1.2.2 states that the City's land development policies will be consistent with affordable housing objectives and policies adopted in the housing element of the MCNP (Miami Comprehensive Neighborhood Plan). According to the Florida Department of Labor and Employment Security, January 2001, the median household income for the City of Miami is 23, 483. The median household income for Miami -Dade is 35,966. Given the attached economic affordable study -- affordability study, see Exhibit Number 10, this project does not conform with the letter, spirit or intent of the housing element of the MCNP's goal, objective or policy. There is no definition or merit for readily accessible, and therefore, subject to interpretation and highly subjective. The developer has provided no evidence or permissible standard to show compliance with this requirement. No local market demand study was provided to determine what percentage of people working in the mentioned urban cores, Civic Medical Center and downtown would actually choose or are capable of affording to live in this development, in support of the project's claims of housing availability close to places of employment. This development is not consistent with the aforementioned goal, objective and policies of the MNCP or the requirements of affordable housing, as over 78 percent of the population of the City of Miami, based on a U.S. (United States) Census figures, cannot afford this housing. Therefore, I -- thereby, increasing the demographic, human and moral threat of gentrification. The development will not have a favorable impact on the environment and natural resources of the City. The development is not consistent with the parks, recreation and open space element of City of Miami Page /46 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 MCNP, which states, Policy PR-1.1P -- 13, the land development regulation policies will consider the impact of future development that significantly increases residential densities on the quality of neighborhood parks and recreation services. An increase of over 250 percent in residential density qualifies as a significant increase in density. The project has submitted no evidence as to how its height scale and density preserves or enhances the quality of the park; Objective PR-15, development and enhance the quality of parks and open spaces within the City's downtown and other neighborhoods. Goal PR-2, development parks -- public parks and open spaces that are aesthetically appealing and enhance the character and image of the city. The development does not provide an appealing aesthetic to the park or the neighborhood due to its height, its bulk and its scale. Objective PR 2-1, views and view corridors, sunlight and surroundings are part of a natural landscape. This development offers nothing that preserves or enhances these inherent or current qualities of Sewell Park. There is no shadow study or findings with regards to possible adverse affects on the canopy or vegetation of the park resulting from the loss of the sunlight. Based on the information provided by the U.S. Naval Observatory Astronomical Applications Department, the completed development will begin to cast Sewell Park in a shadow by 2 p.m. Eastern Standard Time, and completely engulf the park in shadow before 6 p.m. on June 21 st, the longest day of sunshine in Miami, Florida. Sunset, on that particular day, is 8:15 p.m. This adversely affects the park's natural amenity of sunlight. Views free from large-scale manmade visual barriers and buildings could adversely affect the health of the park's canopy due to the reduced sunlight. The park is a conservation district, an environmentally sensitive area, which is to be left in an essential natural state. The development will tower above and physically overwhelm the park, drastically impacting the aesthetic quality, open space and natural landscape of the park, which is its current natural state. The Miami River Greenway Action Plan executive summary states that the Miami River is the oldest natural landmark in Southeast Florida, and the Miami River Corridor Urban Inftll Plan describes Sewell Park as one of the City of Miami's most beautiful, historic environmentally significant parks. We ask that you please, please treat it as such. Thank you so much for your time, and please don't do this. Chairman Teele: All right. Nina West: My name is Nina West. I live at 3690 Avocado Avenue, in Coconut Grove. I hope to make this a little shorter. It's about a subject near and dear to my heart called traffic, which I was caught in on the way over here. This development will adversely affect living conditions in the neighborhood through traffic. Its increased density and congestion will conflict with the transportation element of the MCNP; the goals of which is to maintain an effective traffic circulation network and protects and enhances the natural environment. The traffic impact analysis used in the approval process was flawed, and today, is obsolete due to several factors, and should not be used in determining the circulation. The reasons are the following: The study was done for a one -day period with a single peak period, turning movement study of 4 to 6 p.m. on July 24th, 2003. At that time, the school was out and there was no morning or afternoon traffic session. As far as can be determined, the report failed to include the impact of bridge raisings, the number, frequency, length of said raisings. The future projects do not include projections for further future growth of the Miami River, in terms of cargo shipments and the positive shipping impact from the Miami River dredging that would, in turn, increase the number of ships, their frequency and, therefore, the number of bridge raisings. The study area was too small to realistically determine impact. The study area did not include the following intersections and corridors, which are critical due to their immediate proximity and location to access the main work centers at the hospital, courthouse, downtown, 836 east and 1-95: Northwest 17th Avenue, Northwest North River Drive, Northwest 17th Avenue and Northwest 14 th Street, Northwest 12th Avenue and Northwest l l th Street, to access 836 and 1-95 to downtown, Northwest 12th Avenue to 12th Street, the only direct access to the neighborhood from State Road 836 and 1-95, Northwest 12 Avenue and Northwest 7th Street to access 836 and 1-95 to downtown. This intersection already has a level of service below the minimum requirement. The study reflects only the phase I buildout of the project. It does not even include City of Miami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 phase 11. The Metrobus route stated in the report are irrelevant, as none of the routes come through Northwest North River Drive, and this roadway is too narrow to comfortably and efficiently accommodate a bus. There is no guarantee or even an estimate as to what percentage of new residents of a luxury condominium would use public transportation. Thank you very much. 1 urge you to look at this in the context of all the other developments that are coming along and that are going to affect our infrastructure. This just spoke to traffic, but we are also concerned about where is the water coming from, how expensive is desalination, and there are many other infrastructure issues that have not been addressed. Thank you very much. Chairman Teele: Thank you very much. Deborah Trujillo -Carpenter: Deborah Trujillo -Carpenter, 2510 Northwest North River Drive. This project goes against all your policies for neighborhoods. It goes against the master plan and against the Urban Infill Plan, and against the wishes of the residents of this neighborhood This project is completely out of scale with anything near the neighborhood. These buildings will cast a shadow, not just at this longest daylight that we have during the year, but by I p.m. in the afternoon in the wintertime, Sewell Park will be in shadow. I'm a gardener. I have planted 40 trees on my property on the Miami River since I bought that property, between mine and the property next door. I can tell you how difficult it is to grow anything in the winter here. It's going to ruin the park. It's going to kill the trees. It's going to destroy the vegetation and that is a fact; ask any gardener and they will tell you. Condos like this do not get purchased to live in by local residents or people in the Civic Center area, or in the hospital area. They will be purchased by speculators from Miami and from South America, and from New York. .They're going to either lie empty most of the year, or they will be sublet to renters. We all know, by personal experience I'm sure, that renters do not take care of their property as well as property owners do. This is going to cause a decline in property values in the condos and in the surrounding neighborhoods. The destruction of the park -- the very reason they want to put that building there is because of the river and the park. This building is going to destroy the park and it's going to destroy the property values because of that. Planes go by very low in this area. They go by low enough where they set off car alarms, OK. The FAA already had them reduce the height of this building because they were afraid that a plane would fly into it. It is not impossible to imagine a plane flying into this building, and 1 don't think any of us ever want to see that again. Roads in this area cannot handle the additional traffic. It's the truth. Go take a ride there and take a look. Getting rid of sidewalks is not going to encourage pedestrians to use this park. Anyway, they're not going to want to use a park once it's been destroyed by the shadow of this building and the renters who are going to live in it. Thank you. Please rethink this and I hope you do the right thing. Chairman Teele: We will. Thank you. Helen Rockman: Hello. I'm Helen Rockman. 1 live at 2941 Northwest 13th Street. I've lived there 54 years. I'm Mr. Gonzalez' neighbor. I worked hard there. I love this area, but did you ever go down that 11 th Street, from 22nd to 17th? It's horrible. It zigzag, zigzag. Even if you took this -- the sidewalks, which we couldn't do, you'd have to have eminent domain. They'd take all the houses out of there. It's still a winding road You'd have to take the oak trees out. That wasn't whatever they called it. It was a rehab center, but all my young life, it was a sanatorium, and it's a lovely area. Y'all don't know because you don't live there. I was 27 and 1 built my own home, my husband and 1, and I love that area. I'd hate to see the high rise. I don't believe in high-rise spot zoning. 1 believe in high-rise where they belong; not in a residential area. I sure do thank y'all. Chairman Teele: Thank you for your input. Thank you very much. Ms. Rockman: Thank you. Chairman Teele: Next person, please. City of Miami Page /48 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Enrique Torrens: My name is Enrique Torrens. I reside at 1901 Northwest South River Drive, the River Club Condominium Association. A lot of things have already been said, so 1 don't need to repeat all of them, but I'm just going to concentrate on what you're going to need for your -- for the disposition of this permit. This project fails to provide sufficient evidence to support a favorable case regarding positive impacts on the economy, public services, environment and housing supply pursuant to Article 17 for Major Use Special Permits that is marginally favorable or neutral in the economy, generating an estimated but unidentified 20 full-time jobs, a minute contribution to the general funds revenue to the City with no estimated figure for the net effect. The project does not provide an estimate as to the economic impact to the surrounding area, or identi& the commercial area that would benefit. It will have an adverse effect on public services from its increased density, given the aforementioned comments on the traffic analysis and the inadequacy and deficiencies mentioned, as well as the one pursuant to the transportation element for the Miami Comprehensive Neighborhood Plan requiring coordination with other development and redevelopment to have an impact on transportation. We state that the project fails to provide an accurate projection as to the future effect on this public service. The project will have an adverse impact on the environment and natural resources due to its size and scale. It will drastically change the character and context of the neighborhood, the majority of which is single-family, as well as the conservation area encompassed by Sewell Park. Although the property zoning and floor area ratios may allow this large scale development, I remind you that those are only guidelines; they're only maximums and they're not automatic entitlements. This project does not address the encroachment of an incompatible land use, and the adverse impacts of future land uses in adjacent areas that disrupt or degrade natural and manmade amenities pursuant to the land use policies of the Miami Comprehensive Neighborhood Plan. It will have a neutral to adverse effect on the housing of the City by failing to provide the type of affordable housing as required by the land use and housing policies of the Miami Comprehensive Neighborhood Plan. The project fails to provide sufficient evidence to support a favorable case as it relates to Article V of the Zoning Code regarding planned use developments. 1t is not an appropriate or harmonious variety and physical development because of its large scale and density in relation to the neighborhood scale and context. It does not provide for an adequate transition from the low -scale, single-family context and characteristics of the neighborhood, so take a look at Exhibit 7, you'll see what I'm talking about. The overall height of the project makes it the tallest residential or commercial building along this east/west corridor, between 7th Avenue and the west coast of Florida. It does not improve the environment by nature of its height and scale; overwhelming the single-family residences with its size and engulfing the park with its mass, in addition to drastically changing the overall neighborhood character. The project fails to answer how it will enhance the conservation nature or quality of Sewell Park pursuant to the policies of the Miami Comprehensive Neighborhood Plan. It does not provide for the general housing needs in the City as a whole, as required by the MUSP (Major Use Special Permit) and the comprehensive plan; increasing density and congestion; drastically altering neighborhood character; development that is out of scale in context with the surrounding area; reducing the aesthetic and natural qualities of environmentally sensitive conservation areas and historical landmarks, and developing housing that is economically and affordable to more than three quarters of the population -- that's 80 percent of your own people - - is not in the best interest of the general welfare of this City. The development conflicts with Article XIII of the Zoning Code designed to protect single-family neighborhoods from the adverse effects caused by the developments that are out of scale and character. The project does not respond to the character and scale of its surroundings. Drawings, elevations and exhibits fail to adequately address the impact created in relationship within the neighborhood context to evaluate size, scale and compatibility with the surrounding neighborhood It also fails to adequately respond to the design review criteria pursuant to Section 1305. Specifically, it fails to respond to the physical, contextual environment, taking into consideration urban form. The current physical contextual environment is predominantly one of low -scale, single-family homes, two-story townhomes and a conservation zone. I've enclosed Exhibit 12 for you to see. Given the comments, points, facts, exhibits and references that have been mentioned and provided to all City of Miami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 of you with regards to the disposition of this project's application, we request of the Commission at this time defer the Major Use Special Permit for this project, primarily on the issue of its compatible -- incompatible height, scale, density and character and the adverse effects it will have on the neighborhood. We ask that the Commission exercise its powers to prescribe appropriate conditions and safeguards as may be necessary to protect neighboring properties, including but not limited to height restrictions. We request that the Commission make findings of scale, neighborhood character, context and compatibility and neighborhood environmental impact; that such findings be justified and governed by objective, permissible, legally and professionally accepted standards, and that such findings be publicly stated for the record We, the neighborhood, also request that all impact fees that may be required from or imposed upon the developer be reserved solely for the neighborhood to be administered toward projects and capital improvements to the surrounding neighborhood for the repair, rehabilitation, enhancement and overall benefit of the impacted neighborhood I just want to leave you with one comparison, which is the issue of height and scale. Exhibit 9 -- Chairman Teele: You've got to make all your comments on the mike, and the Clerk will assist you by having someone bring them around Thank you. Mr. Torrens: OK. Well, you all have exhibits that 1 handed out. You can take a look at Exhibit 9; it's the northwest view. You see 836. You see that there is nothing of this scale anywhere stretching all the way out into the Everglades. Now, you put a 27-story building in Sewell Park, I'd like you to answer to me objectively -- again, I want you to take a look at this picture. That's the neighborhood we're talking about. That's Sewell Park. That's Durham Park. That's all -- this is our neighborhood. Commissioner Winton: Been there many times. Mr. Torrens: So, if you put a 27-story building in that area, it's obviously going to be out of character and out of scale, so once again, if you are going to make a finding, we request that ( UNINTELLIGIBLE) do making the findings of scale and that they be read for the record Thank you. Iris Verdial: Thank you. My name is Iris Verdial, and 1 reside at 1901 Northwest South River Drive. This project is too big. Our neighborhood is too small. It's a beautiful building, it's a beautiful design, and I hope it gets built, but not in our backyards, please. I know that this is not a plebiscite and, you know, but the laws are subject to interpretation sometimes, and there are already a lot of lawsuits that have been filed, and we don't know what to expect and we really appreciate if things are, I guess, better planned or have some more communication and help us save our homes. Thank you. Ms. Dougherty: Very briefly, Mr. Commissioners. First of all, I want to make sure you all know, this is not a rental project; this is a homeownership project. We are not requesting a rezoning of the project. In fact, it is very consistent with the zoning that is all around the site. In other words, we're in the middle of an R-4 district. R-4 actually reaches all the way over another probably 600 feet. It also is directly across the river; all across the river here, and on this -- across the river on the other side as well. One of the things that one of the speakers said is that this should be -- have the same intensity and density as 17th Avenue. If you look at 17th Avenue, it's zoned C-1 with the exact same intensity and intense -- and density that we have today. One of the buildings that was shown to you is the New Floridian in Miami Beach inserted in this place. That building is 35 stories tall, and we're talking 27 stories, and it also has no setbacks, no height, no river walk, none of the amenities that we've put, no liner uses, all -- on Sewell Park, you're going to have town houses; on Northwest North River Drive, you're going to have town houses and setback off the street. You're going to have a full-time open and accessible river walk that will connect Sewell Park. I'd also like to point out the shadow study that was done for the site, and the worse condition for Sewell Park is on March 21st, at 4 p.m., at 1 City of Miami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 o'clock, as one of the speakers mentioned, there's hardly any shadow on Sewell Park whatsoever. The worse condition on the town houses to the west is at 9 a.m. on March the 21st, but you can see the existing condition is no worse than what it is at 9 p.m. It's very minimal difference between the existing condition. Commissioner Winton: Excuse me, Lucia. Ms. Dougherty: Yes, sir. Commissioner Winton: 1 can't figure out how to read this. Ms. Dougherty: OK. Commissioner Winton: 1 thought the park was to the east. Ms. Dougherty: It is. That is the east, and that's the town houses here and that's the park - Mr. Maxwell: Ms. Dougherty, just make sure it's on the record, please. For the record, Commissioner Winton is asking specifically about the shadow story. That's a document that he has, right? Ms. Dougherty: Yes, that's correct. Mr. Maxwell: Yeah. Ms. Dougherty: So, the existing condition here, Mr. Commissioner, this is the existing conditions, with the building and the trees. The proposed condition is to the right. We have both the worse condition for the east side, and the worse condition for the right side. Commissioner Winton: So, this -- on the west -- the west side is where the park is, and this is 1 p. m., where I heard -- didn't 1 hear that the shadow would -- Ms. Dougherty: That's right. Commissioner Winton: -- cover the whole park? OK, so that's I p.m., 2 p.m., 3 p.m. The worse condition's at 4 p.m. Ms. Dougherty: The worst condition the whole day shown is 4 p.m. This is not a historic district. We believe that we are totally consistent with the zoning, and the proposed project is compatible and -- with the neighborhood, and I believe -- oh, here's something. When have you ever heard a traffic study that has the streets being at a level of service B in the City of Miami? The streets in this project are a level of service B, which will not be degraded by this project, so we would ask and urge your approval of this project today. Chairman Teele: Are you completed? Is that -- does that end your presentation? All right. The public hearing is closed. Are any of you expecting to speak? All right. Commissioners, what is your pleasure? Commissioner Gonzalez: 1 have a few questions. I seriously have a concern about traffic. 1-- that street there is very, very narrow. There is a lot of traffic crossing to go to -- from 22nd Avenue to 17th Avenue. We have a major problem at the intersection of 17th Avenue and Northwest South River Drive and, you know, offering solutions for the future -- you know, once the building is built and when we have a traffic congestion, and when we have the problems, then, you know, saying, well, the County didn't agree on doing this or the County didn't agree on doing that, and the neighbors are the ones that are paying the consequences. One thing that 1 City of Miami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 would like to know is, have you met with the neighbors that have concerns? Have you tried to work out, you know, some solutions to their concerns? You know, they express different concerns about the park being destroyed. I don't see how this project can destroy the park, my personal opinion, but that's their opinion. You know, I was -- their opinion could be that this project is going to destroy the park. My opinion is that this project is going to benefit the park because, as Mr. Parks says, residents from this building are going to start attending this park and making this park more active. The reason that this park had so many problems -- when I got elected, I worked a lot trying to find solutions to the problems in this park, but we don't need to talk about the problems, but everybody knows the problems that we had there. I even suggested to have the stables for the police horses in the park to see if we have police presence, but the neighbors didn't agree to that, and they -- finally, they met with Parks and they found a solution. They're happy. I'm happy. They're safe. I'm happy. But they had a lot of problems in that park. 1 think a project like this is going to benefit the parks. It's going to help -- you know, it's going to be more people going to the parks, especially having the river walk. You know, I think it's going to be -- the park is going to be enhanced. It's going to look more beautiful. It's going to be more -- you know, they're going to have more amenities, but the traffic -- you know, out of all the concerns, the traffic is the one that really concerns me the most. 1 do have a serious concern about traffic. I know this is not a land change, you know. One of the persons that address the Commission talk about land change. We're not changing land here. Another factor is, one building has already been approved, OK? No matter what we do, one tower is going to be built there. It's been approved. It went through all the approvals, even by -- approved by the Commission, right? Commissioner Winton: Didn't have to come to the Commission. Mr. Lester: No, not necessary. Commissioner Gonzalez: Didn't have to come to the Commission because they didn't need any exceptions. They didn't -- so, one tower is going to go there. I know there's -- they have some concerns. I do have the concern of the traffic, and I would like to see, you know, some kind of solution to this problem because -- you know, we talk about the hospital, and one thing that they say, that they're right -- I'm familiar with the hospital. I was familiar with this hospital -- as a matter of fact, I have a very good friend of mine who was a doctor at that hospital, and we used to get together and have Cuban coffee and all of that, and I know the kind of traffic that was there when the hospital was there, you know. It won't be similar to the traffic that we will have there with the building, OK, because they had -- it was -- they had people interning in that hospital and you had the staff and the doctors visiting the hospital and the relatives, you know, but it wasn't the amount of traffic that we're going to have now so -- yes, sir. Mr. Lester: Let me -- my name is, once again, Alan Lester, for the record Commissioner Winton: I can't hear you. Mr. Lester: Let me -- let me -- can you hear me now? Chairman Teele: Is that on? Commissioner Winton: Close to your mouth. Mr. Lester: Close to my mouth? Commissioner Winton: Yes. Mr. Lester: Is that better? Sorry about that. There are immediate things, which the County has agreed to work on. The first one is the additional time on the light to go out green to leave from City of Miami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 South River Drive to 17th Avenue. That we anticipate -- let my traffic engineer confirm, but approximately a 40 to 50 percent increase. Mr. Kyle: Yeah, it'll be about a 50 percent increase in capacity. Commissioner Gonzalez: Yeah, but the problem is that we need to give the residents assurances, you know, that the sequence of the traffic light is going to be adjusted to make it, you know -- Mr. Kyle: Miami -Dade Public Works has already agreed to do this. Commissioner Gonzalez: OK. We also -- you know, we also talk about the river, the hours that the river -- that the bridge are open, that we need to extend them. Well, we need to work on that, so they have assurances that something else is being worked on to alleviate the traffic, you know. Mr. Lester.: Let me tell you the one that's the next closest, and that's -- now go into the unique thing of what's happened on these corridors. First, the next closest one is -- technically, we can double the cycle in the afternoon for the light on 17th Avenue and South River Drive; am 1 correct? Mr. Kyle: No. Reduce it in half. Mr. Lester: Reduce it -- Mr. Maxwell: I'm sorry. Excuse me. Mr. Lester, the gentleman that -- we're having trouble hearing you, and the gentleman who keeps -- Commissioner Winton: Yeah, 1 can't hear you, at all. Mr. Maxwell: -- providing additional information, we need to -- for the record, we need to know who you are. Mr. Kyle: Sure. Greg Kyle, Kimley Horn & Associates. Mr. Maxwell: You're the traffic engineer? Mr. Kyle: Yes. Mr. Maxwell: All right, and you did respond just a moment ago to the Commissioner's question regarding --1 think you interjected that the signals were going to be provided by the County. Mr. Kyle: Yes. The County has agreed to mods the signal traffic. Mr. Maxwell: As a traffic engineer, you're providing that information? Mr. Kyle: Yes. Commissioner Gonzalez: Do you have that in writing? Mr. Kyle: Yes, we do have that in writing. Commissioner Gonzalez: Have you provided that to the neighbors? Mr. Kyle: No, we haven't. City of Miami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Lester: We just obtained that. Commissioner Winton: You -- Mr. Kyle: We just obtained that Monday. Commissioner Winton: Mr. Lester, you need to use the other mike. We --1 can't hear you, at all, with that one. Mr. Lester: The cycle -- we're waiting for one of the department heads to get back, and I can assure you that we will continue to get our engineer to follow up, and go ahead Technically, numerically, it should be approved, but from my understanding, the manager of that department himself shortened or lengthened the cycle. 1 guess, lengthened the cycle in the afternoon, but conditions have changed and it does comply now to go ahead back to the half cycle. The other thing, which is quite unique about these corridors, typically, your full section lines, which are 7 th Avenue, 17th Avenue, 27th, basically every mile or 10 blocks, as our grid is set up, are the major corridors. In this situation, because of the way Civic Center was developed, 12th Avenue, which is a half section line, is become the major entrance into that employment center, and with the expansion to not only the bridge, but from 7th, all the way up to 13th, which is fully budgeted -- and I do have that from the State -- excuse me, from the County and State. It's on the web. OK, it is available and in progress right now. The plans are going out to bid, they say, by December. Commissioner Winton: To expand what? Mr. Lester: They're going to expand the bridge from 4-lane to 6-lane, with an extra lane on each side for pullover and sidewalks, and they're redoing 7th -- excuse me, 12th from Northwest 7th through to 13th on the other side of the river, and they're raising the bridge, which will, once again, reduce the amount of time that bridge will have to open without going to DOT (Department of Transportation) to change the timing on the river. Commissioner Winton: Another example, where Florida Department of Transportation and this community is so short-sighted, we're building new bridges that create the same damn problems that all the old bridges have, instead of building tunnels connecting one side of the bridge and river to the other. Tunnels, not bridges, solves lots of problems, but we can't get that figured out. Mr. Lester: Going back, but at least -- Commissioner Winton: Sorry. Mr. Lester: -- in this bridge, they're raising it, so they will have to open -- Commissioner Winton: Yeah, yeah. Mr. Lester: -- less for the (INAUDIBLE). Commissioner Winton: Yeah, it raises two feet so three more boats a day gets (INAUDIBLE). It's baloney. Mr. Lester: It's better than none. Commissioner Winton: That's the worst argument -- I've witnessed that argument downtown and the argument stinks. Anyhow, I'm sorry. Didn't mean to get off the track. Mr. Lester: One of the other issues is -- City of Miami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Dougherty: What we have heard from the neighbors is that they are upset about all of the cut -through traffic that folks are taking through their neighborhood to avoid the expressway, so one of the suggestions we could make is that why don't -- why doesn't the City put local use -- or local traffic on it, much like they did on Bay Heights, where, you know, you -- for a few months, you put a police officer there, and the police officer gives tickets to folks who don't live there, and then they stop going in there, so that might be a solution to some of the cut -through traffic that the folks are having out there. Commissioner Gonzalez: That would be something to consider. Commissioner Winton: Mr. Chairman or -- Chairman Teele: Yes, sir. Commissioner Winton: This is an interesting dilemma, because 1 was looking at the -- at our plat map, because before I looked at it -- and, Commissioner Gonzalez, this is your district, so I'm going to support you where you are, but as you know, I always try to at least think about this from a public policy standpoint, and before I looked at this plat map, 1 said, you know, this reminds me of some of the developments we've had in my district that are right up against these --1 couldn't figure out if this is a single-family or what kind of neighborhood it was, but it was clear it was a low -scale neighborhood adjacent and to the west, and this height is -- they put in a lot of arguments up here, most of them I didn't agree with at all, but the argument about scale, I, 100 percent, agree with, and it's much like all of these battles we've got going on along our key corridors, where you've got very low rise buildings and this monster comes right up against -- and it's awful, and 1 think it is bad public policy, and I think it is bad for the neighborhood because it is out of scale, but what Lucia pointed out, and what I looked at here is that the whole area is zoned R-4 -- Commissioner Gonzalez: Right. Commissioner Winton: -- which -- it is zoned R-4. It is zoned -- let me be very clear about this. It is zoned -- where your building sit is zoned R-4, so -- because zoning gives you rights. That's the reason why. Zoning gives you rights, and the Florida courts have upheld those rights. Now, that said, however, it doesn't -- our MUSP gives us unique powers that you don't have through other mechanisms that we have coming through here, and as the example that you pointed out, Commissioner Gonzalez, they can build phase I without ever coming before us and build the tallest tower that's already there by right with a Class II permit and it never comes to us. However, if we happen to agree that those buildings are out of scale -- and I really think they are. I think they're -- I wouldn't want it right next to my house or town house any more than they want it next to theirs. I agree with you 100 percent. 1 think this building will be fabulous for the park, but scale is a real issue, and one of the things that we've had success in the past at doing is sending the developer back with the neighbors back to the drawing boards to figure out how you can bring that scale into better balance. The fact of the matter is, -- and here's the trick -- they can build the tallest building without a MUSP; never have to come back to us again. They can build that, but he can't build phase II. Can't build phase II. Commissioner Gonzalez: Right. Commissioner Winton: He can only build phase I, so maybe he decides, I'm only going to build phase 11 and never build anything else. 1 think that economics won't be very attractive to the developer, so my sense is that there's real potential for some compromise here that creates a better scale. It's not going to be the scale. It will not be, will not be low rise scale. It ain't going to happen, and there's nothing in our power that can make that happen because it's zoned R-4, unless the neighborhood decides to buy the developer out and buy the land and rezone it R-1. City of Miami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 That's an option, but we've had success many times in -- because we do have a lever over the developer, and that is, you're not going to build a second phase, unless you figure out how to work out a compromise with the community on scale. I mean, you can go ahead and build phase 1 if you want, but you're not going to get -- you know, we're not going to approve phase II when you come back here, unless you figure out a compromise for both buildings that we can all agree on and make the neighbors a lot happier, and then -- well, doesn't necessarily make the developer a lot happier, but it could make the neighbors a lot happier, and that's an approach that could be taken, and we've done it in my district many times, and most of the time, when the neighbors and the developer have come back, I don't know that they're singing Kumbaya, but they're certainly coming back together with an agreement in terms of what they're going to do, and that may be an approach, Commissioner Gonzalez. Commissioner Gonzalez: Johnny, as far as the zoning is concerned in that neighborhood, the zoning is a mess, like in many areas in the City of Miami. You have R-1 s, you have duplex, you have town houses, and you have -- I think you have an 18-apartment building or something of that, you know, and next year, you have another duplex and then, in front of it, you have a residence -- Commissioner Winton: Yeah, yeah. Commissioner Gonzalez: -- and then on the other corner, you have another building. You know, it's like it has been in this City for I don't know how many years, you know, and that is something that we cannot correct in two days. It's going to take time to make adjustments and to, you know, do -- go through a complete rezoning and -- but I -- you know, one thing was said by one gentleman -- the last gentleman that spoke, and agreed 100 percent with him, one condition -- and that will be a condition on the City of Miami -- won't be on the developer -- is that whatever impact fees are received from this project should go to this neighborhood; should go to improve sidewalks, infrastructure, repave the streets, lighting, the whole nine yards, you know, and -- Where is the City Manager? Vice Chairman Sanchez: Filling in? Commissioner Winton: I would support that concept wholeheartedly. Vice Chairman Sanchez: Yeah, but once again, Commissioner -- Commissioner Gonzalez: Yeah, because, you know, you have to take into consideration -- I'm familiar with the neighborhood, Johnny. I'm familiar with the neighborhood, you know. Those -- their sidewalks are all torn apart. Their streets are a mess. There is a street there, a dead end street where the illegal dumping is constantly --1 don't know how many times I have talked to Code Enforcement. I don't know -- you know, I'm tired to talking to administration about that problem that we have there, and they're living with that, because they're doing this illegal dumping next to these town houses, and they have to smell it and they have to see it everyday when they come in and they go out, you know, and -- you know, we don't take care of them, and then we want them to agree to something like this. Hey, listen, you know, we have to - Vice Chairman Sanchez: All right. Commissioner Gonzalez: -- you know, take care of them so they can also feel comfortable that we are doing something for them. Vice Chairman Sanchez: What is the wish of the Commission? Commissioner Gonzalez: Well, you know, 1 ask, if we had a confirmation or an assurance that City of Miami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 the County is going to be working on the traffic issue at 17th Avenue. I had been told that, yes. Lourdes, do you have any knowledge of this? Ms. Slazyk. Ms. Slazyk: 1 have not seen that letter or have direct confirmation of it. If they could provide it to us or to our Office of Transportation, we could follow up. Vice Chairman Sanchez: Applicants, do you have a copy of that letter? Mr. Lester: If you give me a moment on my computer, I believe I have the e-mail from my engineer. Was a forwarded e-mail from Dade County in this regard. Let me -- Vice Chairman Sanchez: Would you please hand it to Commissioner Gonzalez, and provide it to all the Commissioners? 1 believe he's got more questions for you. Commissioner Gonzalez: Mr. Manager, we're debating this project, you know, this project here, and one of the gentlemen that address the Commission, he suggested something that I'm a hundred percent in agreement with him, and that is that all impact fees generated from this project should go directly to that neighborhood, sidewalks, lighting, repaving. If there is a way that we can do something with the street to -- for more traffic so they can take -- you know, whatever it takes, but, you know, they are being sacrificed to a certain extent with this project, and they're not getting anything back, you know, and benefit, and that is a neighborhood that hasn't received, honestly, nothing in the last --1 don't know -- maybe 15, 18 years, that 1 remember, OK, and we have an issue of an illegal dumping that is happening next to these town houses that 1 have sent e-mails about it. I have, you know -- and we need to do something. We need to address it. We need to do something for them because, you know -- I mean, how far can we go, so -- OK. We have -- Do you want to provide it to them? Mr. Lester: 1 only have one copy. Should 1 give it to the Clerk and (INAUDIBLE)? Commissioner Gonzalez: OK, yeah. If you want, you could have my office make copies and provide it to them. I have been shown the letter, where it says that the traffic signal has been adjusted. I'm going to move to approve this project, based on the conditions that I said that 1 want whatever money we get on impact fees to go back to this neighborhood. I also want to work with these neighbors on any issues that they may have during construction, after construction, and on the improvements needed on their neighborhood, on their complex, on around the complex. I want them to have a meeting in my office, you know, with my Chief of Staff and myself and work together with you on getting the area taken care of and getting -- you know, take care of the problems that we have there now. All right. Yes, ma'am. Helen Rockman: I'm going to ask you if -- Vice Chairman Sanchez: Ma'am, ma'am, you need to come up to the mike and state your name for the record, please. Ms. Rockman: OK. Vice Chairman Sanchez: And, although -- even though the public hearing is closed, we're going to allow you the opportunity to speak. Ms. Rockman: Yes. No. I just wanted to ask you, if you give us all this stuff, does that mean our taxes are going to go up? Commissioner Gonzalez:: No, ma'am. Vice Chairman Sanchez: No. City of Miami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Rockman: They won't? OK. Commissioner Gonzalez: No. Your taxes -- Ms. Rockman: You heard it here. Commissioner Gonzalez: No. 1 would also like to request from the developer, Lucia -- and it is a request. It's not a condition (UNINTELLIGIBLE) request, that they continue to try to work with the neighbors and see if there's anything that they can do, you know, for this neighborhood or for these neighbors. You know, any way that they can work with the neighborhood and with the neighbors. Yes, sir. Ms. Dougherty: We welcome that. Thank you. Ms. Carpenter: Just for the record, December 21st and not March 21st is the shortest day of the year, and all the houses in the neighborhood will also be put in shadow, both in the morning and in the afternoon, so that was not an accurate depiction of the shadow that this development is going to cast. Vice Chairman Sanchez: Could you state your name for the record, please? Ms. Carpenter: Deborah Trujillo Carpenter, Miami Neighborhoods United, Counsel of River Groups, River Park Neighborhood Association, and 1 also want to say the aircraft thing is really a serious threat. You guys don't realize how low the planes go over. Make it 10 stories shorter. Mr. Winton is -- had a brilliant idea there. Please, talk to the neighborhood. Make it a little bit shorter. Do both your buildings, but 1 see a nightmare where a plane is going to fly into those buildings. Vice Chairman Sanchez: Thank you. Commissioner Gonzalez: Thank you, ma'am. All right, Mr. Chairman. Vice Chairman Sanchez: All right. There is a motion to approve, with conditions? Commissioner Gonzalez: No. I -- Enrique Torrens: I just wanted to touch up on the traffic -- Vice Chairman Sanchez: Sir, could you please state your name for the record? Mr. Torrens: My name is Enrique Torrens, 1901 Northwest South River Drive. Vice Chairman Sanchez: Well, sir, you know, I allow you the opportunity, but once a Commissioner says the public meeting is closed, it's closed, and I apologize, but if we're going to be coming back and forth -- Mr. Torrens: This is only going to take -- Vice Chairman Sanchez: -- we'll never -- Mr. Torrens: This will take less than 60 seconds. Commissioner Gonzalez: Think we can get together and, you know -- City of Miami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: Get with Commissioner Gonzalez -- Commissioner Gonzalez: --1'!1 work with you. Vice Chairman Sanchez: -- and he'll be more than glad to listen to you on the matter. Commissioner Gonzalez:: I'll work with you. Vice Chairman Sanchez: It's just, you know, we have other items that we have to attend. I think we've been very curious -- you know, we -- yes. Mr. Maxwell: No, no. 1 would ask that he not meet individually with the Commissioner on this. This is a quasi-judicial item. Vice Chairman Sanchez: Well, even after the vote? Mr. Maxwell: Yes, sir, because it may end up in court. Vice Chairman Sanchez: It may, OK. Mr. Maxwell: It may come back Vice Chairman Sanchez: All right. Sir, so based on a legal opinion by our attorney, we're asking that you don't meet with him until further notice by the attorney, I guess. Ms. Slazyk: After the appeal period. Mr. Maxwell: Not with the Commissioner. Vice Chairman Sanchez: Not with the Commissioner. Mr. Maxwell: Except at a publicly noticed affair. Vice Chairman Sanchez: All right. Commissioner Gonzalez: All right. Vice Chairman Sanchez: All right. We've lost a quorum. Commissioner Gonzalez: No. Commissioner Winton is over there. Commissioner Winton: Sorry. Vice Chairman Sanchez: All right. Commissioner, we have a motion to approve, with conditions, by Commissioner Gonzalez. Ms. Slazyk: The only thing I'd want to clarify for the record is the condition about the impact fee. That's not a development order condition. Commissioner Gonzalez: It's not a condition of the development. Ms. Slazyk: That's going to be a separate direction to the administration. Commissioner Gonzalez:: Right. It's a -- City of Miami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Slazyk: OK, so -- Vice Chairman Sanchez: And once we get a second on this -- Commissioner Winton: And that's a separate motion? Vice Chairman Sanchez: Once we get a second, we could debate that. Commissioner Gonzalez: I could make it a second motion. Commissioner Winton: I love that idea. Vice Chairman Sanchez: 1 don't like that idea. Trust me, I don't like that idea. Commissioner Winton: District 2 generates an awful lot of impact fees. Vice Chairman Sanchez: Exactly, and that's -- Commissioner Gonzalez: I know that. Chairman Teele: They're rich. Vice Chairman Sanchez: All right. We have a motion. Is there a second? Commissioner Winton: Second. Vice Chairman Sanchez: All right. Second for the purpose of discussion. Now, and all kidding aside, the -- what you suggested, 1 think that what we should do is have the City Manager -- if -- whatever find the funds to assist those neighbors in improving their area, but I -- really, I don't want to open those Pandora's Boxes because it's not fair to Johnny, who generates most of the money, and basically what it's going to do -- Commissioner Winton: It would be real fair to me. Vice Chairman Sanchez: -- in the long run, if we start being -- we might end up being self- serving as to what we generate, we keep in those areas, and then Commissioner Teele and myself which happen to be the two poorest districts in Miami, won't benefit from it, so we got to be very careful how we do that. Although, I commend Commissioner Gonzalez for, you know, committing to help that -- the neighborhoods there improve their quality of life based on improving their roadways, sidewalks, gutters, whatever you need to improve there, so -- but I'm very concerned about that. Commissioner Winton: You could -- Commissioner Gonzalez, you have an opportunity here in your suggestion that there's further dialogue with the neighborhoods about scale or neighborhood improvements, those kinds of things. You know, that could be a part of the dialogue that they could have with the neighbors that could come back and make people happier, too. Commissioner Gonzalez:: That's exactly what I -- you know, what 1 said, that I want them, the developers, to keep working with the neighbors and try to assist the neighbors on, you know, on some of their concerns and, you know, solving some of their concerns. Vice Chairman Sanchez: All right. It's a resolution. Public hearing is closed. All in favor, say "aye." City of Miami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 3/0. Ms. Dougherty: Thank you very much. Mr. Maxwell: Mr. Chairman -- Vice Chairman, if I may, just one quick point for the record, and I was silent on the discussion about the impact fees because, in this particular instance, impact fees presumably are always used within the specific areas where the development is, so -- Commissioner Winton: Yeah, that's a bad presumption, Mr. City Attorney, so -- Commissioner Gonzalez: That's a bad presumption. Commissioner Winton: -- I wouldn't even put it on the record, because -- Commissioner Gonzalez: That is a bad presumption. Commissioner Winton: -- I can assure you, as the principal generator of impact fees, they are not used in the immediate area, trust me. Vice Chairman Sanchez: Well -- hey, listen, that's -- once again, it's a Pandora Box I don't want to open up right now, so let's move on to the next PZ (Planning & Zoning) item. Commissioner Winton: I would love -- I would move that we use impact fees only in blah, blah, blah, blah. Vice Chairman Sanchez: You won't get a second out of me, pal. Commissioner Winton: It died from a lack of second. Vice Chairman Sanchez: Thank you so much. All right. PZ.24 04-00722 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE 900 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 900, 928, 944 BISCAYNE BOULEVARD, AND 901, 929, AND 951 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 65-STORY MIXED -USE STRUCTURE TO BE COMPROSED OF 516 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 83,579 SQUARE FEET OF COMMERCIAL, OFFICE SPACE AND RESTAURANT AND 1,114 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 of Miami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00722 Fact Sheet.pdf 04-00722 MUSP Analysis.PDF 04-00722 Zoning Map.pdf 04-00722 Aerial Map.pdf 04-00722 School Brd Recomm.PDF 04-00722 Traffic Impact Analysis.PDF 04-00722 Miami -Dade Letter.PDF 04-00722 HEPB Reso.PDF 04-00722 PAB Reso.PDF 04-00722 MUSP Application.PDF 04-00722 Sp Ex Fact Sheet.PDF 04-00722 Sp Ex Analysis.PDF 04-00722 ZB Reso.PDF 04-00722 Sp Ex Application & Supp Docs.PDF 04-00722 Plans.PDF 04-00722 Legislation.PDF 04-00722 Exhibit A.PDF 04-00722 Exhibit B.PDF 04-00722 Exhibit C.PDF REQUEST: Major Use Special Permit for the 900 Biscayne Project LOCATION: Approximately 900, 928, 944 Biscayne Boulevard, and 901, 929, and 951 NE 2nd Avenue APPLICANT(S): 900 Biscayne, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with a condition* of a certificate of appropriateness to City Commission on May 18, 2004 by a vote of 7-0. PLANNING ADVISORY BOARD: Recommended approval with conditions to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception on June 28, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the 900 Biscayne Project. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele R-04-0501 Vice Chairman Sanchez: PZ 24. City of Miami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. We're going to do PZ24 next, and then 23, and 25 after. PZ24 is a Major Use Special Permit for the 900 Biscayne Project. The project is located at 900, 928, 944 Biscayne Boulevard, and 901, 929 and 951 Northeast 2 ndAvenue. This is a Major Use Special Permit in order to allow 65-story mixed use structure to be comprised of 516 multifamily residential units and approximately 83,579 square feet of commercial office space and restaurant, and 1,114 total parking spaces. It's been recommended approval unanimously by the Planning Advisory Board and approval by the Planning & Zoning Department. This is the block that is just north of the Mist project that you recently approved right on Biscayne Boulevard in downtown, and -- Commissioner Winton: Just north of that? Ms. Slazyk: Just north, yes, at 900 -- Commissioner Winton: Well, it's just quite a bit north. Oh, no. This is 900. Ms. Slazyk: No. Mist, right. Mist is -- Commissioner Winton: Oh, this is 900. OK, OK, OK. Ms. Slazyk: Right, 900. Commissioner Winton: Sorry. Ms. Slazyk: So we recommend approval with the conditions that are in the development order in your package. Vice Chairman Sanchez: All right. Is there any opposition to this item? Seeing none, hearing none, applicant, you're recognized Gloria Velazquez: Gloria Velazquez for the applicant, with law offices at 1221 Brickell Avenue. Vice Chairman Sanchez: You're going to have to earn your money today. Ms. Velazquez: Good afternoon. My name is Gloria Velazquez. I'm here representing the applicant, 900 Biscayne. Joining me is Pedro Barne, who's principal of 900 Biscayne. We have a great team of architects from the Revuelta Leon Vega Group. We have Luis Revuelta. This particular project is a beautifully designed building at the 9th block of Biscayne. It will contain 516 units. It has approximately 84,000 square feet of commercial office space and restaurant. This project has no variances, nor do they require rezoning. We are excited to see this project go forward. We received unanimous recommendation from the Planning Board, and we also received recommendation of approval from your Planning staff, and we ask you today to also acknowledge this wonderful project and recommend approval. Vice Chairman Sanchez: Thank you, Ms. Velazquez, and the reason why I do it is because there are people home watching on Net-9 that, you know, want to hear what the project is all about, instead of you just going up there and making a quick motion to approve. Ms. Velazquez: It's my pleasure. Vice Chairman Sanchez: Thank you. That was a great presentation. All right. It's a public hearing. Anyone from the public wishing to be heard, please come forward. Seeing none and hearing none, the public hearing is closed Commissioner Winton. City of Miami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Move with staff recommendations, and this is one more project that's on the west side of the boulevard in Park West, kind of Park West-ish, that's kind of -- I guess, Paul Murphy led the charge with the first one that we approved, and then there was one more at IOth, and you guys are at 9th, so the block's going to be beautiful. Vice Chairman Sanchez: All right. There is a motion. Do I have a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. It is open for discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4/0. Ms. Velazquez: Thank you. PZ.25 04-00723 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE OPUS PROJECT, TO BE LOCATED AT APPROXIMATELY 1237 BISCAYNE BOULEVARD, 324 AND 444 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 57-STORY MIXED -USE STRUCTURE CONSISTING OF 408 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 17,160 SQUARE FEET OF RETAIL/OFFICE USE, AND 570 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 of Miami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00723 Fact Sheet.pdf 04-00723 MUSP Analysis.PDF 04-00723 Zoning Map.pdf 04-00723 Aerial Map.pdf 04-00723 UDRB Reso.pdf 04-00723 School Brd Recomm.PDF 04-00723 Traffic Impact Analysis.PDF 04-00723 PAB Reso.PDF 04-00723 MUSP Application & Supp Docs.PDF 04-00723 Sp Ex Fact Sheet.PDF 04-00723 Sp Ex Analysis.PDF 04-00723 ZB Reso.PDF 04-00723 Sp Ex Application & Supp Docs.PDF 04-00723 Plans.PDF 04-00723 Plans Re-submittal.PDF 04-00723 Legislation.PDF 04-00723 Exhibit A.PDF 04-00723 Exhibit B.PDF 04-00723 Exhibit C.PDF 04-00723 - submittal - 1.pdf 04-00723 - submittal - 2.pdf REQUEST: Major Use Special Permit for the Opus Project LOCATION: Approximately 1237 Biscayne Boulevard and 324 and 444 NE 13th Street APPLICANT(S): 1237 Biscayne Blvd, LLC, Owner and 1237 Biscayne Development Group, LLC, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REIVEW BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 6-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Opus Project. CONTINUED A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to CONTINUE item PZ25 to the Commission Meeting currently scheduled for July 29, 2004 at 2 p.m. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was City of Miami Page /65 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 passed unanimously, with Commissioner Regalado absent, to direct the City Manager to facilitate a phone call or a meeting, prior to coming back on July 29, 2004, between the Florida Department of Transportation (FDOT) District Secretary, Jose Abreu, if available, the developer of the Opus Towers Project, a representative of the Performing Arts Center, as well as all of the parties involved in this project. Vice Chairman Sanchez: What's the next PZ (Planning and Zoning) item? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.25 is next. Vice Chairman Sanchez: Next. Ms. Slazyk: PZ 25 is a Major Use Special Permit for the Opus project, located at approximately 1237 Biscayne Boulevard, 324 and 444 Northeast 13th Street, to construct a 57-story mixed use structure, consisting of 408 total multifamily residential units, approximately 17,160 square feet of retail and office use, and 570 total parking spaces. Vice Chairman Sanchez: All right. Is there any opposition on this resolution? There is, OK. Ms. Slazyk: We have someone from the Florida Department of Transportation here to speak on this, too, so -- Vice Chairman Sanchez: OK. All right. Applicant, how much time are you going to need? Lucia Dougherty: Twenty minutes. Vice Chairman Sanchez: Twenty minutes, OK. You'll have the same time. All right. Whenever you're ready, counsel. Commissioner Winton: 1 think that -- Lucia, are you about to launch into your whole presentation on this deal? Ms. Dougherty: That's what I was proposing to do. Commissioner Winton: I don't think that that's what we should do, because that's going to -- I think we need to get the real issue on the table right now and get that talked about, and I think that starts with Florida Department of Transportation. Is there a representative -- well, 1 think you need to come to the microphone and launch this issue. Ms. Dougherty: And then my client would like a chance to speak (INAUDIBLE). Commissioner Winton: Absolutely right. Ms. Dougherty: You can leave it there. Vice Chairman Sanchez: All right. Commissioner Winton: Your client, absolutely, will get an opportunity to speak. Are we dancing? Alice Grovel: Ready? Good afternoon. My name is Alice Grovel. I'm with the Florida Department of Transportation, and I'm the District Environmental Management Engineer, and I'm here to talk to you today about the PD&E (Project Development and Environment) Study that we're conducting on the 1-395 Corridor, and this stretches basically from 1-95 to the bay, and in our PD&E Study, we're looking at different alternatives for reconstruction of the City of Miami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 roadway, and we're going to try to balance transportation needs, as well as the community needs, and something that we're going to have a very strong focus on as part of our study is aesthetics and urban design issues because that's what we've heard, repeatedly, from the Overtown community. That's very important for them. You know, the 395 Corridor construction originally divided the Overtown community, and we're trying to look at alternatives that will reunite the community and invigorate the area. The alternatives that we're looking at include a high elevated structure, maybe 30 feet high, and a signature bridge that will lift over the existing area. We're also looking at two different tunnel alternatives. One is a short tunnel; one is a long tunnel, and we have the open cut alternative, and this is the alternative that was studied over the last year by the MPO (Metropolitan Planning Organization) and basically depresses the roadway and has retaining walls on either side. Now, all these reconstruction alternatives passed through the parcel that this building is going to be developed on, and because of the type of alternatives they are, to maintain traffic during construction and just to build it, we need to shift the alignment into these parcels. The only alternative is the no -build alternative. That doesn't need this parcel, and the no -build alternative doesn't solve any of the problems that community has voiced to us, so I'll be here to answer any questions you have, but we have initiated a process with the Federal Highway administration that allows us to purchase right-of- way before our PD&E Study is finished. Commissioner Winton: And so, what are you asking us for? Ms. Grovel: I'm just here to provide information for your decision making. Commissioner Winton: You're not asking us for anything? You don't have -- you're not recommending anything here? Ms. Grovel: Well, I'm letting you know that all the build alternatives has to this parcel. Ms. Dougherty: That's exactly what I was going to ask. Commissioner Winton: Unbelievable. Ms. Dougherty: What is it they would like us to do? They have not talked to us. Arva Jane has owned this property for four years now. We've started this process a year ago. We've met with FDOT (Florida Department of Transportation) in the past. What is it that they would like us to do? Ms. Grovel: What we would like to do is have a chance to sit down with the developer and talk about acquiring this property before construction begins. Ms. Dougherty: We'd be happy to do that. Commissioner Winton: Thank you. That's what -- Ms. Dougherty: We'd be happy to sit down and talk to you before construction begins. Commissioner Winton: And what's the -- Ms. Dougherty: We would like to proceed with our project today, however. Commissioner Winton: Well, I'm sure of that, but what's the time frame that you need to get through the discussions with the developer? Ms. Grovel: Well, we need the Federal Highway's approval first and we've begun that process with them. It takes a few months of documentation, and we should have that in place towards the City of Miami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 end of this year, and then we can sit down and negotiate with them and come to some terms. Commissioner Winton: You can start negotiating with them after you have -- Ms. Grovel: Approval from the Federal Highway Administration. Commissioner Winton: Which you don't expect to have until the end of the year? Ms. Grovel: Right. Normally, we get their approval at the end of the PD&E Study, and obviously, this is a pressing issue, and we can't wait that long so we've begun an accelerated process that they have, which allows us to buy the property early if it is something that is needed for all of the build alternatives, such as this case. Commissioner Winton: OK. Jeffrey Bass: If I could be recognized? Jeffrey Bass. Chairman Teele: You're recognized, yes. Mr. Bass: Thank you. Just on this limited point. Jeffrey Bass, 46 Southwest 1st Street is my address. I'm here on behalf of the Performing Arts Center Foundation, and I think that self- evident conclusion from that presentation is that the matter should be deferred. What the applicant's going to ask you to do is to approve this thing so that if and when the decision arises to take this property, the value paid by the taxpayers goes up by a quotient of 100x, and this is the first time that this application's been before the City. They've indicated that they're fast tracking it. This is a crit -- it's an understatement to call this the most critical corner in the core redevelopment designed to anchor this City as a cultural icon. This is not a decision that could be rushed by any stretch of the imagination. In light of that, we would ask that the matter be deferred so that the entire roadway configuration analysis can be made. Your own traffic study has indicated, at least in the kit that 1 reviewed as of two days ago, that insufficient traffic data, in terms of the coordination with the plans for the circulation in this area, insufficient data existed at the time of the application's review by your City staff and I should certainly think that a deferral on that basis would be in order. Ms. Dougherty: The answer is, we have sufficient data. We have a clearance letter from the URS, who is the City's traffic engineers. Mr. Bass is not eminent domain lawyer, but we have checked with our eminent domain lawyers, and the approval of this project is not going to increase the value of the property. Chairman Teele: All right. Who are you here with? Commissioner Winton: I'm sorry, Lucia, but I had to hear -- I needed to hear what he was saying, and 1 wanted to hear what you -- Ms. Dougherty: 1 was saying, he suggested that if you approve this project today, when we've gone through every board, every committee; unanimously approved by everybody. He's suggesting that if you approve it today, it's going to increase the value and make it unlikely that they'd be acquiring it. The answer is, that is not the truth, because if you deny it today or you continue it today, it's as if you approved it. Because the only reason that -- the record is clear that you're -- you would be continuing it is because they want to acquire it, so you're not going to cheapen value, but here's the thing I would propose to you. I would propose that we not go forward and ask for construction drawings to go and submit for our permit, until after the beginning of the year, to allow them to come to talk to us. That would allow us, though, the right to continue on with all of our construction drawings, just in case they do not go forward with the project. What are we? We're going to be stuck here six months later. Arva has been paying City of Miami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 taxes on it for now four years. She'll continue to pay taxes on it, but we are now stuck -- and no one's told us they want to acquire it for sure. We've met with them four times. This is not the first time we've heard of this, so I would only ask that you approve the project. We promise we will not go forward, or submit any permits, or request any permits until after the beginning of the year, but at least it won't slow down the process in the event that somebody decides they don't want to acquire it. In the meantime, we'll speak with anybody who wants to buy this property. Vice Chairman Sanchez: All right. Commissioner Winton: I'd like to hear Mr. Bass's response to that. Chairman Teele: Why don't we appoint you as a committee of one to come back with a recommendation tonight? Commissioner Winton: Try that on me again. Chairman Teele: I'm very serious. Commissioner Winton: 1 think you are. Chairman Teele: Why don't which take a 30 minute break and appoint you as a committee of one, with the attorney present, in your office, to sit down and sort of go through this and come back and give us a recommendation. Commissioner Winton: Mr. -- Chairman Teele: 1 think that looks a lot cleaner than the way this is getting ready to -- Commissioner Winton: Mr. City Attorney. Joel Maxwell (Deputy City Attorney): If you -- if that's done, that's the same as the sunshine, everyone would have to be present at that meeting. Chairman Teele: Of course. That's what we're saying. Mr. Maxwell: So, what you've done -- what you're doing is basically conducting the meeting out here. Maybe the rest of the Commissioners, during the break, could leave the chambers and you just discussed it out here. Commissioner Winton: Well, they could go on with -- Mr. Maxwell: The meeting continues. Chairman Teele: He's not conducting a meeting. Commissioner Winton: No. They can go -- Chairman Teele: There's no substantive decision going to be made based upon this; just a recommendation on the best way to proceed. This is procedural, not substantive. Commissioner Winton: Because I don't know what the right thing to do here is. I -- you know, I get both sides of this argument, and I don't know what the right approach is, because the fact of the matter is, there is a very significant public policy issue here, which relates to that piece of property, which Florida Department of Transportation has put on the record stating that regardless of the model that they choose -- or maybe we're getting there -- regardless of the City of Miami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 model chosen, that site has to be acquired by the Florida Department of Transportation. Was that not what you put on the record? Ms. Grovel: I'm sorry? Commissioner Winton: I thought you put on the record that regardless of the model -- and there are multiple models for redoing I-395 -- that regardless of the model, that site has to be acquired by Florida Department of Transportation to make any of the model work, is that -- Ms. Grovel: That's correct. Commissioner Winton: -- is that correct? Ms. Grovel: Yes, and we'd like to acquire it. Chairman Teele: Commissioner Winton, if I may? Commissioner Winton: Yes, please. Chairman Teele: This is the perfect item to defer. All we're going to do here is get a record all confused Let's defer this until the 29th, which is a week from now -- are you going to -- the 29 th, a week from today. Commissioner Winton: Yeah, we have another P&Z meeting next week. Chairman Teele: Let's get our staff to sit with the DOT (Department of Transportation) --1 mean, you know, we get -- you're asking somebody -- Commissioner Winton: Yeah. Chairman Teele: -- to represent what the DOT -- we've got the power to get the DOT Secretary in here, with the Manager -- Commissioner Winton: And the secretary should be here, and certainly Johnny Martinez should be here. I mean, that -- you know, we need -- Chairman Teele: That's what I'm saying, Commissioner, and we don't need to put ourselves in this kind of box where we're asking a private person to represent to us what the DOT is about. Commissioner Winton: Yeah. Chairman Teele: And, you know, it's just too much -- Commissioner Winton: Love that idea. Vice Chairman Sanchez: Is there a motion to defer? Commissioner Winton: Yeah. Chairman Teele: 1 move that the item be deferred until 2 p.m., on Thursday, the 29th. Vice Chairman Sanchez: There's a motion by Commissioner Teele -- Commissioner Winton: And I'll second the motion. City of Miami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: -- to defer the item -- Commissioner Winton: I'd like to hear from -- Vice Chairman Sanchez: -- to the 29th, at 2 p.m. Second by Commissioner Winton. Commissioner Winton: And I'd like to hear from the developer, Mr. Murphy. Paul Murphy: Paul Murphy, 550 Brickell Avenue. The only thing I'd like to add to this -- and I've been talking to Commissioner Winton about this project now for approximately a year. Chairman Teele: 1 don't know if you want to say that on the record. Commissioner Winton: Well, he -- Mr. Murphy: Well, at least showed him what we're doing. Commissioner Winton: Let me put it on the record He came to me before any drawings hit the City of Miami, before anything hit the City of Miami. Chairman Teele: I'm not sure Jennings makes that distinction. You all need to -- Mr. Murphy, think you have said more than enough -- Commissioner Winton: Well, the City Attorney has told me many times that if there's nothing that's gone before the City, that you can talk to people about things. Mr. Maxwell: Jennings law -- Chairman Teele: That's not what Jennings says. You all have a court reporter going on out here, and I'm just trying to protect the record. Commissioner Winton: Well, so am 1, and I'm not hiding anything, so -- Mr. Murphy: We went to -- we further went to DOT On three separate occasions -- Commissioner Winton: Which I encouraged them to do. Mr. Murphy: -- which he encouraged us to do before we even contracted the property. We did a due diligence -- Chairman Teele: Paul, why are you into a dialogue about this? We're talking about a one -week deferral. Mr. Murphy: I know, but I want to counter what the DOT is saying right here. We went to DOT three separate times before we contracted this property. We went eight months. We talked to Jose Abreu and four other people there. No one -- Chairman Teele: Jose Abreu is the best person to speak for Jose Abreu. Mr. Murphy: Right, and now they -- no one had a plan -- Chairman Teele: He don't need for you to talk for him about -- Mr. Murphy: No one had a plan for this property, and they said there is nothing on the boards. There's no funding, and there's nothing now that can prevent us from moving forward, so now, City of Miami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 after one year, and quite a lot of money, we now are up against the fact that they now want to buy the property. Ms. Grovel: But I think, on all occasions -- Chairman Teele: Mr. Chairman, 1 want to call the question, because see, this doesn't go -- this dialogue has added nothing to the issue of the delay of one week. If we were talking about delaying it for two months, I could see Mr. Murphy or Mr. Murray or any of the public wanted to have a discussion, but what we need to do is get the Manager -- Commissioner Winton: Yeah, one week doesn't do anything. Chairman Teele: -- involved, and it doesn't harm anybody. Commissioner Winton: Right. Vice Chairman Sanchez: All right. Commissioner Winton: So you've called for -- you called the question, didn't you? Vice Chairman Sanchez: No, nobody's called it. You called the question? OK, the question has been called. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The item has been deferred to the 29th, 2 p.m. Commissioner Winton: With the directive that the -- Vice Chairman Sanchez: Yes, sir, 2 p.m. Commissioner Winton: -- that the district -- Vice Chairman Sanchez: Would you like it to be time certain? Unidentified Speaker: Yes. Ms. Grovel: 2 p.m. Vice Chairman Sanchez: Well, I'm acting Chair. Unidentified Speaker: Yes. Chairman Teele: Well, we're -- on the morning of the 29th, we're going to be in budget workshop. Commissioner Winton: Yeah. Chairman Teele: We're going to come out of budget workshop and come back into zoning. Vice Chairman Sanchez: It will be the first item taken up. Chairman Teele: It will be the first item we take up during -- once we start. City of Miami 1'age 172 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: Yes. Chairman Teele: Approximately 2 p.m. Approximately, 2 p.m. Commissioner Winton: Now, the directive is for the district secretary, the district secretary -- and, frankly, it wouldn't hurt if Jose Abreu was either on the phone or in the meeting -- to meet with the developer, and there probably ought to be a representative from the Performing Arts Center in that meeting so that everybody's kind of getting on the same sheet of music. That's the directive that we've given; is that not correct? Chairman Teele: There's a motion by Commissioner Winton, requesting that the Manager facilitate a phone call and further discussions with the district secretary and Jose Abreu, if available, including the Performing Arts Center -- Commissioner Winton: Correct. Chairman Teele: -- prior to coming back to this meeting. Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Second by Commissioner Gonzalez, and obviously, obviously, all of the parties to this action. Is there objection to that? Discussion on that? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. Ms. Dougherty: Thank you very much. Chairman Teele: Thank you. PZ.26 04-00522 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED SEPTEMBER 28 , 1992 AND RECORDED IN OFFICIAL RECORDS BOOK 15663, PAGE 0716- 0720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. 04-00522 Fact Sheet.pdf 04-00522 Zoning Map.pdf 04-00522 Aerial Map.pdf 04-00522 Applicant Letter & Supp Docs.PDF 04-00522 Legislation.PDF 04-00522 Exhibit A.PDF 04-00522 - submittal.pdf REQUEST: Modification to a Covenant City of Miami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 LOCATION: Approximately 2947-2949 SW 22nd Terrace APPLICANT(S): Judy Galindo, Owner APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PURPOSE: This will allow a modification to an existing covenant. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to CONTINUE item PZ 26 to the Commission Meeting currently scheduled for September 7, 2004. PZ.27 04-00191 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 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 & 04-00191a Aerial Map.pdf 04-00191 PAB Reso.PDF 04-00191 Application & Supp Docs.PDF 04-00191 Legislation.PDF 04-00191 & 04-00191a 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. City of Miami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 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. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez 12572 Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. We're up to PZ27 and 28. This is a companion land use and zoning change item. Chairman Teele: Now, did we do PZ 40 -- did we do PZ 43? Ms. Slazyk: We already continued that to the 7th, yes. Chairman Teele: OK. Ms. Slazyk: We did that. Commissioner Winton: The what? Ms. Slazyk: Continued the Villa Magna project to the 7th. We did that. Commissioner Winton: Yeah, I tried to get them -- Joel Maxwell (Deputy City Attorney): To September the 7th. Chairman Teele: To September -- Commissioner Winton: I suggested the 7th of January. Chairman Teele: 7th of January, OK. So, we're on what item now? Ms. Slazyk: PZ.27 and 28. These are companion land use and zoning change items. This is a second reading. The item had been recommended for denial. At first reading, the Commission approved it, and accepted a voluntarily proffered covenant. We have since received the covenant from the applicant. I believe -- I know that the Planning and Zoning Department is OK with the covenant. I don't know if it's been reviewed as to form. Mr. Maxwell: 1 don't think our department has any objection to it. Ms. Slazyk: OK. No objections to the covenant, so this is second reading for PZs.27 and 28, and the covenant has all of the items that were proffered by the applicant. City of Miami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Anybody opposed? Commissioner Gonzalez: Move. Commissioner Winton: I'll move it. Commissioner Gonzalez: Second. Chairman Teele: Motion. Do we have a second? Commissioner Winton: Public hearing though. Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Mr. Attorney. The ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Winton: Roll call. Sylvia Scheider (Assistant City Clerk): Roll call. Commissioner Regalado, on PZ 27. Commissioner Regalado: On 27th Avenue? Commissioner Winton: Yeah. Commissioner Regalado: Yes. Ms. Scheider: Commissioner Winton? Commissioner Winton: Yes. Ms. Scheider: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Scheider: Chairman Teele? Chairman Teele: Yeah. Ms. Scheider: Passes second reading, 4/0. PZ.28 04-00191a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE'4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE 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. City of Miami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 04-00191a SR Fact Sheet.pdf 04-00191a Analysis.PDF 04-00191a Zoning Map.PDF 04-00191 & 04-00191a Aerial Map.pdf 04-00191a ZB Reso.PDF 04-00191a Application & Supp Docs.PDF 04-00191a Legislation.PDF 04-00191 & 04-00191a ExhibitA.PDF 04-00191a - 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. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: I - Commissioner Sanchez 12573 Chairman Teele: All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.28 is the companion zoning change item. This is the one where we accept the voluntarily proffered covenant. It's also been approved by the City Commission, first reading. This is second reading. Chairman Teele: Mr. Attorney, read the item, please. 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. Is there a motion? Commissioner Winton: This is -- is this the companion? City of Miami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Yeah, this is the companion. Commissioner Winton: So moved Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded. Madam Clerk. Sylvia Scheider (Assistant City Clerk): Second reading passes, 4/0. A roll call was taken, the result of which is stated above. Unidentified Speaker: Thank you. PZ.29 04-00559 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 1990, 2000 AND 2020 TIGERTAIL AVENUE AND 2015 AND 2035 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00559 SR Fact Sheet.pdf 04-00559 Analysis.PDF 04-00559 Land Use Map.pdf 04-00559 & 04-00559a Aerial Map.pdf 04-00559 School Brd Recomm.PDF 04-00559 PAB Reso.PDF 04-00559 Application & Supp Docs.PDF 04-00559 Legislation.PDF 04-00559 & 04-005559a Exhibit A.PDF 04-00559 - submittal 1.pdf 04-00559 - submittal 2.pdf 04-00559 - submittal 3.pdf 04-00559 - submittal.pdf 04-00559 FR Fact Sheet.pdf 04-00559 - submittal - 1.pdf 04-00559 - submittal - 2.pdf 04-00559 corrected Exhibit A.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Major Institutional, Public Facilities Transporation and Utilities" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan City of Miami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 LOCATION: Approximately 1990, 2000 and 2020 Tigertail Avenue and 2015 and 2035 South Bayshore Drive APPLICANT(S): Ransom Everglades School, Inc. APPLICANT(S) AGENT: Carter N. McDowell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. 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 May 5, 2004 by a vote of 4-2. See companion File ID 04-00559a. PURPOSE: This will change the above properties to Major Institutional, Public Facilities Transporation and Utilities. Motion by Commissioner Winton, seconded by Chairman Teele, 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 12570 Vice Chairman Sanchez: Next item. Commissioner Winton: Can we go to Ransom -- Unidentified Speaker: 29/30. Commissioner Winton: 29/30. Vice Chairman Sanchez: Yes, let's bring Ransom up. Commissioner Winton: That, 1 understand -- Vice Chairman Sanchez: All the parties are here? Commissioner Winton: -- may be relatively quick? Unidentified Speaker: Yeah. Vice Chairman Sanchez: Are all the parties here? Carter McDowell: They're just about to walk in the door. Vice Chairman Sanchez: OK. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is PZs.29 and 30. Vice Chairman Sanchez: This PZ (Planning & Zoning) item has been debated back and forth here. The Commission -- I believe Commissioner Winton, at the last meeting, just stated that all the hearings -- the public hearing was open; both sides had ample -- City of Miami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: No. Public hearings are -- yeah. Vice Chairman Sanchez: -- opportunity to state, for the record, their case, and I believe that this just to come in front of the Commission based on a compromise that both sides have agreed to one. If not, Commissioner Winton will be making a motion, correct Commissioner Winton? Commissioner Winton: That is absolutely correct, sir. Vice Chairman Sanchez: OK. Ms. Slazyk: For the record, this is PZs.29 and 30. It is a land use and zoning change for the property at 1990, 2000, and 2020 Tigertail Avenue, and 2015, 2035 South Bayshore Drive, from single-family residential to major institutional public facilities, transportation and utilities with the companion zoning of G/I (Government/Institution). Vice Chairman Sanchez: Counsel, do we have good news? Mr. McDowell: Yes, you do. For the record, my name is Carter McDowell, here representing Ransom Everglades. I can tell you, we have been working pretty much literally around the clock, and I'm pleased to report that we have reached a consensus agreement with our neighbors. It is possible and I guess we would all be interested to know if there's anybody here in opposition. 1 don't think there are. Vice Chairman Sanchez: Could you put that agreement on the record? Mr. McDowell: 1 will, and I need to proffer to you -- Joel Maxwell (Deputy City Attorney): No. 1 would ask that no record be -- that the agreement between the property owners is not part of the record. Vice Chairman Sanchez: OK. Well, can he -- could he proffer the covenant? Mr. Maxwell: The covenant -- is the City a part of that covenant? Mr. McDowell: Yes. Yes, it is. Vice Chairman Sanchez: OK. Could you state them for the record? Mr. McDowell: Again, if I may, for a moment, because there's some procedural things that 1 need to do in accordance with the consensus agreement that's been reached. On behalf of Ransom Everglades schools, based on the -- in the agreements reached with our neighbors, we're here to withdraw our request for the Comprehensive Plan Amendment, and the G/I zoning on all but Lot 9, and the 15-foot alley that is portion of that piece of property, in accordance with the drawing that was submitted and talked about at the end of the hearing at our last time. 1 would like to proffer on behalf of Ransom Everglades School two voluntary covenants that reflect this revised request. One is the declaration of restrictions. The second is a declaration of use restrictions, and -- if you will hand those out -- I have submitted copies of these declarations to the City Attorney's Office. They have reviewed them, and they asked for a couple of minor changes. We've committed to work with the City Attorney, if there are any minor corrections that need to be made in order for them to be properly recorded. Vice Chairman Sanchez: Sir, could you put the covenants on the record so -- Mr. McDowell: I have -- they're being handed out as we speak. City of Miami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: All right. Mr. McDowell: They are several pages -- Vice Chairman Sanchez: So we could vote on them. We need to approve them. Ms. Slazyk: I'll put them -- Mr. Maxwell: No, no, no. These are voluntary covenants. Vice Chairman Sanchez: Oh, voluntary. Mr. McDowell: These are voluntary covenants -- Mr. Maxwell: Yeah. Mr. McDowell: -- which we are proffering and asking you, the City, to accept as part of our overall approval of a land use amendment and the zoning requests. The property that will end up, if you will, being redesignated to G/I, the street address of that property is 2035 South Bayshore Drive. It would go from residential to G/I. On the balance of the six lots that we originally filed on, we are seeking and have already filed an amended application for a special exception for school use in the R-1 district. Those hearings are currently scheduled for mon -- is it Monday or Tuesday, the 26th before the Zoning Board. Those two special exceptions will be heard that night. 1 am, as I say, very pleased to stand here and tell you we've reached a consensus agreement. We obviously have members of our community from the Ransom side and our neighbors here. I don't know that there's any reason for any of them to speak. Although, 1 think -- Commissioner Winton: There is none. Mr. McDowell: -- some of them -- I thought you might feel that way. I guess, I would -- Commissioner Winton: But we would like to hear from opposing counsel to make sure we get on the record that opposing counsel is -- Mr. McDowell: Actually, I'd like to do one other thing, if I might? Commissioner Winton: OK. Mr. McDowell: David Wells is a neighbor and an attorney, although not representing the neighbor, and he stepped into this void we have created or he has created it, and we have worked with them to create a new neighborhood association of the property owners within 500 feet of the Ransom property. That association is recognized in both of the covenants that we have proffered to the City. They will also have concurrent enforcement rights with the City on these covenants, and David did a yeoman's job of stepping in, getting that association actually created, and informed -- there's a long list of neighbors who have signed to join that organization, and I think it represents a great compromise in terms of making sure the neighbors are represented, without having to, if you will, chase individuals and 1 think he did a great job on behalf of the neighborhood to pull that together in a very short period of time, and I wanted to acknowledge that because he and I spent a lot of time on the phone together. Vice Chairman Sanchez: Thank you so much. Counsel. Kent Harrison Robbins: My name is Kent Harrison Robbins. My offices are at 1224 Washington Avenue, Miami Beach. 1 represent Ben Cooney (phonetic) -- City of Miami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: It's a lousy place for offices. Mr. Robbins: Excuse me? Vice Chairman Sanchez: He wants you to move into the City. Mr. Robbins: That's why I -- when the City develops greater buildings, then maybe I'll be looking for a branch office here, because I have my offices in the greater -- I serve the Greater Miami Beaches and the mainland Commissioner Winton: We're going to have to issue a Visa. Mr. McDowell: Either that or a bucket. Mr. Robbins: We -- I represent Lynn Kislak, Ben Cooney, and the other neighbors that I have represented have joined in with the consent or are staying mute, are not objecting to the revised proposal by Ransom, where they are limiting their application to the one lot, and we stand and ask you to not interfere in any way block Ransom's attempt to do what they've been trying to do for a number of years, and we appreciate the cooperation of both this Commission. I appreciate your leadership, Johnny Winton, and 1 appreciate the help of staff in working with us in explaining to us all the intricacies of your Code and of your plan. It's really nice when a -- neighbors, though in contention, begin to work together to come to a consensus, and sometimes it takes a long time but that's only reflects the complexities and difficulties of the varying interests, for nobody has identical interests, but I think everybody in the end is looking for and is concerned about what's in the best interest of the public; everybody on this dais, everybody on the staff, and the attorneys and the members of the public, so we really appreciate working with everybody and we looking -- look forward to working with Ransom in the future. 1 know they have numerous other applications that need to be presented, and I hope that they are able to get what they need in order to expand and enhance their educational facilities. Vice Chairman Sanchez: Thank you, sir. Mr. Robbins: Thank you. Vice Chairman Sanchez: All right. Commissioner Winton. Commissioner Winton: So, Lourdes, what's my motion? Ms. Slazyk: Your motion is to approve for Lot 9 only. What we're going to do is modem the legal description attached to here to reflect only Lot 9. Commissioner Winton: OK. This is the Treeman Trust recommended model, right? Ms. Slazyk: Yes. Mr. McDowell: Yes, it is. Commissioner Winton: OK. Ms. Slazyk: Their only change -- Mr. McDowell: I might add that they are in support. We've gotten HEP (Historic and Environmental Preservation) Board approval unanimously with their support. City of Miami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Mr. Robbins: 1 think to make it clear, because 1 have represented Treeman Trust -- Vice Chairman Sanchez: State your name for the record, counsel. Mr. Robbins: Kent Harrison Robbins. The Treeman Trust is not actually get involved in supporting any particular development project. They are involved only on the HEP -- Commissioner Winton: I understand that, but they -- Mr. Robbins: -- and landscape. Commissioner Winton: -- brought the model here. Mr. Robbins: Yes, Mr. Jim McMaster -- and with your enlightment -- in fact, we call it the Johnny Winton Plan -- go forward with this resolution, and I think it ended up by you being so strong and showing leadership, it ended up that we gained consensus around that point, and I think we really appreciate your leadership. Vice Chairman Sanchez: All right. Commissioner Winton: Monk. Monk Terry: Monk Terry, 1896 Tigertail. Jim had to go to a meeting, but he said if it was appropriate to read the following: "Jim McMaster approves the Winton Plan. The rezoning" -- Commissioner Winton: It was the McMaster Plan. Mr. Terry: -- "of Lot 9 and appreciates Commissioner Winton's assistance and guidance in forging this compromise." Vice Chairman Sanchez: All right. Commissioner Winton: OK, so -- Ms. Slazyk: All right. I'm going to read -- what you're doing is, you're approving for the address known as 2035 South Bayshore Drive, also known as Lot 9 of the legal description in the package, excluding withdrawing all of the remaining lots in the legal description. Commissioner Winton: So moved. Mr. McDowell: A very minor correction. It's Lot 9, plus the vacant -- 15 foot vacated alley, which is part of the same tract. Vice Chairman Sanchez: All right. There's -- Ms. Slazyk: And the 15 foot wide alley. Vice Chairman Sanchez: This is an ordinance. Commissioner Winton: OK. Vice Chairman Sanchez: There's a motion. Is there a second? Chairman Teele: Second City of Miami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: Second. Motion by Commissioner Winton. Second by Chairman Teele. Open for discussion. City Attorney, read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. Mr. Maxwell: And that is as amended. Ms. Slazyk: As amended, which withdraws 1990, 2000, 2020 Tigertail and 2015 South Bayshore. Vice Chairman Sanchez: Both makers of the motion accept that it is as amended Commissioner Winton: Absolutely. Vice Chairman Sanchez: All right. Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Commissioner Winton: And by the way, Lourdes -- and -- Mr. McDowell: There's one more. PZ.30 04-00559a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 43, 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, SD-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT AND SD-18 MINIMUM LOT SIZE DISTRICT TO G/I GOVERNMENT AND INSTITUTIONAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1990, 2000 AND 2020 TIGERTAIL AVENUE AND 2015 AND 2035 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00559a SR Fact Sheet.pdf 04-00559a Analysis.PDF 04-00559a Zoning Map.pdf 04-00559 & 04-00559a Aerial Map.pdf 04-00559a ZB Reso.PDF 04-00559a Application & Supp Docs.PDF 04-00559a Legislation.PDF 04-00559 & 04-005559a ExhibitA.PDF 04-00559a corrected Exhibit A.pdf 04-00559a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential, SD-3 Coconut Grove Major Streets Overlay District and SD-18 City of Miami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Minimum Lot Size District to G/I Government and Institutional to Change the Zoning Atlas LOCATION: Approximately 1990, 2000 and 2020 Tigertail Avenue and 2015 and 2035 South Bayshore Drive APPLICANT(S): Ransom Everglades School, Inc. APPLICANT(S) AGENT: Carter N. McDowell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 24, 2004 by a vote of 6-3. See companion File ID 04-00559. PURPOSE: This will change the above properties to G/I Government and Institutional. Motion by Commissioner Winton, seconded by Commissioner Regalado, 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 12571 Vice Chairman Sanchez: PZ 30. It's a companion. Commissioner Winton: Oh, OK. Joel Maxwell (Deputy City Attorney): Companion item. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.30 is the companion. This is where you would accept the voluntarily proffered covenants, and also approval as modified to withdraw all but 2035 South Bayshore Drive, which is the Lot 9, plus the 15 foot alley from the legal description and withdrawing the rest of the lots that are referenced there. Commissioner Winton: So moved. Vice Chairman Sanchez: There's a motion. Commissioner Regalado: Second. Vice Chairman Sanchez: Is there a second? Commissioner Regalado: Second. Vice Chairman Sanchez: Open for discussion. Hearing none, it's closed. Mr. City Attorney, read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Madam Clerk. Sylvia Scheider (Assistant City Clerk): Commissioner Winton? City of Miami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Ben Cooney, and I know you felt very, very strongly about this, but my hat's off to you. Thank you very much for stepping to the table on this compromise that you felt so strongly about, and I'm thrilled to death that we got everybody singing from the same sheet of music, so thank you for your willingness to compromise on something that you felt so strongly about. Thank you. Ben Cooney: Thank you for your leadership and the leadership of all the Commissioners. We appreciate that. Vice Chairman Sanchez: Ben Cooney, for the record. Commissioner Winton: Yes. Vice Chairman Sanchez: All right. Commissioner Winton: So, Johnny Winton, yes. Ms. Scheider: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Scheider: Chairman Teele? Chairman Teele: Yes, ma'am. Ms. Scheider: Vice Chairman Sanchez? Vice Chairman Sanchez: Absolutely, yes. Ms. Scheider: Passes second reading 4/0. Vice Chairman Sanchez: Thank you. Commissioner Winton: And I'd like to make a comment also -- this is a repeat comment, but it's important for the record, particularly with this group in here. Would you, one more time, Lourdes, explain -- we passed an ordinance, first reading, earlier in the day, on G/I (Government/Institution) zoning. Ms. Slazyk: Oh, yes, yes. Commissioner Winton: So, would you put this on the record one more time? Ms. Slazyk: Yes. Vice Chairman Sanchez: Tucker -- are you happy about that Tucker? Tucker Gibbs: Hell yeah. Ms. Slazyk: Oh, yeah. Commissioner Winton: So, I guess they already know about it. Ms. Slazyk: Yes, they do, and -- Commissioner Winton: OK, great. City of Miami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PZ.31 04-00389 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 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. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez 12574 Lourdes Slazyk (Assistant Director, Planning & Zoning): The next items are PZs. 31 and 32. These are also second reading items for land use and zoning change. The property is 3804 to 3820 Northwest I2th Avenue from duplex residential to general commercial. It's been City of Miami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 recommended for approval by the Planning and Zoning Department, by the Planning Advisory Board, and by the Zoning Board. This is second reading. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. Commissioner Winton: What item is this, 31? Commissioner Gonzalez: This is your district, Mr. Chairman. Commissioner Regalado: 31, you said? Ms. Slazyk: 31 and 32. Chairman Teele: There are no persons coming forward The public hearing is closed Commissioner Gonzalez, would you make the motion? Commissioner Gonzalez: Move PZ 31. Commissioner Regalado: Second. Chairman Teele: It's moved and second. Madam Clerk -- Madam Attorney -- Joel Maxwell (Deputy City Attorney): It's an ordinance, sir. Chairman Teele: Didn't you read it already? Mr. Maxwell: No, not this one. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: Madam Clerk. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: Item passes second reading, 4/0. PZ.32 04-00389a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH 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 12 TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED " EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 188 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 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. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez 12575 Chairman Teele: All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.32 is a companion. It's also been recommended for approval and passed by the Commission first reading in June. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Mr. Attorney, read the item. The ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Gonzalez: Move PZ.32. Commissioner Regalado: Second Chairman Teele: Madam Clerk. Commissioner Winton: Third. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 189 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Scheider: Item passes second reading, 4/0. Ms. Slazyk: 1 believe the only thing that's left on the agenda is the items that were set for 7 p.m., so -- Chairman Teele: No, we've got a whole lot left on the agenda. Commissioner Gonzalez: Can we take a break? Commissioner Winton: You've got to be kidding me. Chairman Teele: You're talking about your agenda. Ms. Slazyk: There's nothing else. Joel Maxwell (Deputy City Attorney): Is it 37? Did we do 37? Ms. Slazyk: They want to do 37 with 44 and 45, so that's it. PZ.33 04-00407 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH 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 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 City of Miami Page 190 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 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 Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele 12565 Chairman Teele: OK. Now, those persons that are here for PZ (Planning & Zoning) items that we intend to take up, would you please stand, raise your right hand and be sworn? Commissioner Winton: At or in? Chairman Teele: And we'll also be happy to take any request for deferrals. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Chairman Teele: Madam Director. Lourdes Slazyk: Good afternoon. For the record, Lourdes Slazyk, Planning & Zoning Department. My understanding is you wanted to start with PZs 33, 34, 35 and 36, which are companion items for Watson Island. These items are to amend the zoning for Tracts G and H, the land use and zoning. They're all companion items. This is for a small swamp of .16 acres on Watson Island. After we had done all of the rezoning and the land use changes in order to allow the Island Gardens project, it came to our attention that there may be an expansion by FDOT (Florida Department of Transportation) of right-of-way on the causeway for future transportation plans, and that may cause a little shift in the project of this .16 acres. This has been recommended for approval by the Planning Advisory Board, and is being recommended approval by the Planning & Zoning Department, and it's here before you on first reading. Commissioner Winton: So moved Commissioner Gonzalez: Second. Ms. Slazyk: Oh, second reading. I'm sorry. Second reading. Commissioner Winton: Yes. Chairman Teele: All right. I'm going to yield to the Vice Chair. Commissioner Winton: I moved it. Vice Chairman Sanchez: You moved it? All right. Motion. Commissioner Winton: I think -- City of Miami Page 191 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Joel Maxwell (Deputy City Attorney): It's a title. Commissioner Winton: -- it's a public hearing, though. Mr. Maxwell: Title. Commissioner Winton: We didn't have the public hearing yet. Mr. Maxwell: It's an ordinance. Vice Chairman Sanchez: Public hearing. Anyone from the public wish to come forward? Commissioner Winton: Is your mike on? Ms. Slazyk: Your mike -- Commissioner Regalado: Can't hear. Commissioner Winton: Hey, Joe. Ms. Slazyk: Your mike's not on. Commissioner Regalado: Joe. Commissioner Winton: Is your mike on? Vice Chairman Sanchez: Anyone -- it's a public hearing. Anyone from the public wishing to come forth and speak on the item? Hearing none, the public hearing is closed Is there a motion? Motion by Commissioner Winton, second by Commissioner Gonzalez. Open for discussion. Hearing none from the Commission -- it's an ordinance? City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: All right. Madam Clerk -- Sylvia Scheider (Assistant City Clerk): Roll call. Vice Chairman Sanchez: -- roll call. A roll call was taken, the result of which is stated above. Vice Chairman Sanchez: It passes 4. Ms. Scheider: Second reading, 4/0. PZ.34 04-00407a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH 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 City of Miami Page 192 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 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 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 Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele 12566 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.34 is the companion zoning change for Tract G, also second reading. Recommended for approval by the Planning Advisory Board and Planning & Zoning. Vice Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to be heard, please step forward. Commissioner Winton: Move it. Vice Chairman Sanchez: Hearing none, public hearing is closed. There's a motion by City of Miami Page 193 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton. Second by Commissioner Gonzalez. It is open for discussion. Hearing none, City Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: Ordinance passes second reading, 4/0. Vice Chairman Sanchez: Thank you. PZ.35 04-00407b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH 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 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- City of Miami Page 194 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 00407, 04-00407a and 04-00407c. PURPOSE: This will change the above portion of Watson Island to Recreational. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele 12567 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.35 is the companion for Tract H. This is the land use change, also second reading. Recommended for approval. Vice Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to be heard, please step forward. Hearing none -- Commissioner Winton: Move it. Vice Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Gonzalez. It is open for discussion. Hearing none, City Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: Passes second reading, 4/0. PZ.36 04-00407c ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH 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. City of Miami Page 195 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 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 Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele 12568 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 36 is the companion zoning change for Tract H, also recommended for approval. This is second reading. Vice Chairman Sanchez: It's a public hearing. Anyone from the public wishing to be heard, please step forward. Hearing none, seeing none, need a motion. Commissioner Winton: Move it. Vice Chairman Sanchez: Public hearing is closed. Commissioner Gonzalez: Second Vice Chairman Sanchez: Commissioner Winton makes a motion, second by Commissioner Gonzalez. It is open for discussion. Hearing none, City Attorney, read the ordinance. The Ordinance was read by tide into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Madam Clerk, roll call. City of Miami Page 196 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): Passes second reading, 4/0. PZ.37 04-00716 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTIONS 903 AND 907, IN ORDER TO MODIFY LANGUAGE PERTAINING TO RULES CONCERNING PROJECTS CROSSING DISTRICT BOUNDARIES OR STREETS, AND HEIGHT OF BUILDINGS ABUTTING RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00716 SR Fact Sheet.pdf 04-00716 Legislation.PDF 04-00716 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 on July 7, 2004 by a vote of 6-1. PURPOSE: This will modify language pertaining to rules concerning projects crossing district boundaries or streets and height of buildings abutting residential districts. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12578 A motion was made by Commisioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, to direct the administration to prepare an amendment to this ordinance that addresses Floor Area Ratio (FAR) and open space issues and other incentives and present said amendment to the Planning Advisory Board in September and come back to the Commission soon thereafter. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.37 is a second reading ordinance amending Sections 903 and 907 of the Zoning Ordinance regarding the rules -- Commissioner Regalado: Wait, wait, wait. Excuse me. 1 thought it was a time certain for this. Ms. Slazyk: I think the time certain was the SD-24, but if -- you know, if you want to hear this together with that, that's fine. City of Miami Page 197 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: It's -- Commissioner Regalado: Yeah. Ms. Slazyk: Yeah, that one's at 7 p.m. Commissioner Regalado: I have many requests from residents -- Ms. Slazyk: OK Commissioner Regalado: -- of that area to hear the same PZ.37 with PZ.44 and 45. Ms. Slazyk: OK. Chairman Teele: All right. Madam Director. Ms. Slazyk: PZ 37, last item tonight. This is the amendment to Article IX -- Chairman Teele: I wish it were the last item tonight. Ms. Slazyk: Well, the last PZ (Planning and Zoning) item. You know what, with 45, I thought it was going to be three in the morning, so -- PZ 37. This is amending article 9 -- Commissioner Winton: Not with the chair we've got. By God, he's been running this meeting today and we're rolling. Ms. Slazyk: This amends Section 903 and 907. This is a second reading ordinance. The primary purpose of this ordinance was to clam language, like 1 said at first reading, once and for all, regarding the existing provisions when projects cross district boundaries and the heights of buildings abutting residential districts. It's been recommended for approval. I know you had a question on it. Vice Chairman Sanchez: I have a concern on it. I just -- it's just for a point of clarification, which we need to be very crystal clear on this. One of the biggest problems has always been that a developer will buy commercial area and then he will try to buy residential single-family home. Ms. Slazyk: Right next to it, yeah. Vice Chairman Sanchez: Right next to it, to expand, of course, you know, make his profits bigger on the project. Under the new language, would they be able to do that? Ms. Slazyk: The 903 -- there are two parts to this ordinance. One is the 907, which I think everyone's fine with that. That requires that 40-foot height and the setback -- Vice Chairman Sanchez: I'm OK with that. Ms. Slazyk: -- when it's adjacent to (UNINTELLIGIBLE). The 903 says that by Unity of Title, if you have more than one property, with a Unity of Title, you don't have to provide the setbacks and separations between your own two properties. What that does though, the -- I guess the side effect of that is it moves the entire setback line down to where the two -- that R-1 property meets the other R-1 property, and your concern is something that 1 think we could -- that the Commission -- you know, you have the right to approve, deny or modify ordinances that are before you. You could make a modification to except that situation out. Vice Chairman Sanchez: No, no, no. Because what I'm -- City of Miami Page 198 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Slazyk: Right. Vice Chairman Sanchez: -- trying to prevent here -- Ms. Slazyk: Right. Vice Chairman Sanchez: -- is 1 think that we should just nip this at the tail -- Ms. Slazyk: Yes. Vice Chairman Sanchez: -- so we don't have ever have this again, so we need to be very clear, and I'm going to -- the best way that 1 can define it is, if I could show you a picture, so we understand -- this is a C-1 commercial property. The owner of this property buys an R-1 single- family home. Maybe he's got the potential to buy the other one. He can't buy this one. Could he build here now? Ms. Slazyk: He cannot build his commercial project there. What he can do though, with a Unity of Title is move that line. Instead of providing the 40-foot height and the setback, where the C-1 meets the R-1, he can move it over, and that could potentially allow him more height -- Vice Chairman Sanchez: More height. Ms. Slazyk: -- up on the commercial side. Vice Chairman Sanchez: Now, here's the situation. Ms. Slazyk: Right. That's what you need -- Vice Chairman Sanchez: What happens to this guy, the single-family home on the corner? Commissioner Winton: He's boinked Ms. Slazyk: They still have the same -- that one still has protection, because the requirement for where the C-1 abuts that R-1, that requirement still is there. Vice Chairman Sanchez: Well, that's going to continue to be a problem. Ms. Slazyk: Right. What I'm going to recommend is that you make one change to this ordinance tonight. If you look on your ordinance, page 1 of 3, at the bottom, the 903, I think what's going to stop what your concern is, is if we remove R-1 and 2 from being able to be merged with C-1 under Unity of Title for those purposes, and I think -- Commissioner Winton: Bingo. Ms. Slazyk: You know what I mean? Commissioner Winton: Absolutely, I know what you mean. Bingo. Ms. Slazyk: OK. If you add a line to the bottom of page 1, all right, where it says, "If the property is to be developed utilizing different zoning districts, then other district separation requirements that would normally apply as to height and/or setbacks or walls shall not be required within the unified parcel. Only when applying under Section 908.13 and/or Section 910 are providing Unity of Title. However, all use limitations shall comply with the underlying zoning classification." The way it -- that's the way it reads right now, with a period. City of Miami Page 199 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: But in all fairness -- Ms. Slazyk: Yeah. Vice Chairman Sanchez: -- because I have to be fair to everybody here. In all fairness, could we come up with an agreement as to if he owns the property already, he could do it, but if he doesn't, (UNINTELLIGIBLE) when this passes legislation move forward? Commissioner Winton: No, I wouldn't do that. Ms. Slazyk: No. Yeah. Let me read the suggestion I'm making, because I think it's going to take care of what you're talking about. At the end of this -- Vice Chairman Sanchez: Because what -- let me -- hold on. Ms. Slazyk: OK. Vice Chairman Sanchez: What I'm trying to prevent here -- once again, I have a fiduciary responsibility, folks. 1 don't want to get in a situation where, if you don't sue us, the developer ends up suing us, and, you know, we've got to be very careful. Tucker, you know that better than I do, that we have to be very careful how we do this. We -- Vice Chairman Sanchez: But, Joe, we, as the Commission, can make exceptions to all these rules. That's in our right. Vice Chairman Sanchez: Yeah, but under what conditions? Under what hardships? If you're able to clarify it and educate me on the issue, then I'm prepared, but, you know -- Ms. Slazyk: The suggestion I'm making is that you add this provision, however shall not apply to R-1 or R-2 properties, included in a Unity of Title in conjunction with a more intense zoning classification R-3 or higher. Commissioner Winton: Bingo. Ms. Slazyk: I think what that does is, it says, if you have R-1 s and R-2s and you need to merge them together because you're doing a single-family home on two R-1 lots or two R-2 lots, you can keep doing that, but for someone who's trying to buy that R-1 or R-2 lot just to be able to move their setback line to try to bulk up the building by getting more height because their setback line moved, this will prevent that. That's gone. Commissioner Winton: This is a great -- Ms. Slazyk: Yeah. Commissioner Winton: -- great, great -- Vice Chairman Sanchez: Perfect. Commissioner Winton: -- move. Vice Chairman Sanchez: All right. Perfect. Ms. Slazyk: I think this does what you want. City of Miami Page 200 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: And you don't know how much pressure this is going to take off of us, because you remember when we were on Biscayne Boulevard and 1 said -- Vice Chairman Sanchez: 1 don't need anymore pressure, Johnny. Commissioner Winton: --1 don't want -- Vice Chairman Sanchez: Trust me. Commissioner Winton: -- you developers doing assemblages to help -- this is going to help with that whole assemblage issue. It puts some teeth in the statement that I was just encouraging developers to look to. This is going to put -- Ms. Slazyk: Right. Commissioner Winton: -- teeth in it and a lot of stuff will go away. Ms. Slazyk: What this will require in the assemblage, if somebody really wants to assemble land, they actually have to change the zoning, and that means -- Commissioner Winton: Bingo. Ms. Slazyk: -- they have to come to the Commission to do it. Commissioner Winton: That's great. I love this. Ms. Slazyk: They can't put a Unity of Title in there to try to move things around, so -- Commissioner Winton: Outstanding, so -- Ms. Slazyk: So 1 would recommend -- I -- Commissioner Winton: -- motion -- Ms. Slazyk: -- what I read in the record, yeah. Vice Chairman Sanchez: Motion to approve the modified -- oh, I'm sorry. Tucker, you saying something? Tucker Gibbs: Yeah. Commissioner Winton: I'm sorry. I'm premature on my motion. Mr. Gibbs: That's OK. My name is Tucker Gibbs. I represent the Miami Roads Neighborhood Civic Association, the Miami Neighborhoods United on this issue. I'm one of the attorneys on this issue, and we are very, very happy with the changes that have been proposed by Lourdes. We have some other issues that cannot be addressed tonight because to do so, would throw this whole amendment back to a PAB (Planning Advisory Board), but we'd like to let you know what those two issues are. Lourdes explained that this is to discourage the assemblage of these R-1 and R-2 parcels that are being used by developers to basically augment their C-1 or higher zoning districts. This language goes very far, but it still allows a developer -- and what we're saying is pass this ordinance tonight and we'd like you to direct the staff to develop an ordinance that deals with these other two issues to be sent back to Planning Advisory Board in September. A developer can still buy R-1 Property adjacent to his C-1, and he can still use it for F-- to augment his floor area ratio to build a bigger, maybe not higher, but a bigger project, and he City of Miami Page 201 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ' can still use that R-1 property to augment his open space. Instead of providing his open space on the C-1 property, he can provide his open space in the R-1 property. Those are two issues that cannot be addressed tonight, and we know that, so what we're asking you all to do is to direct staff to take those requirements and any other incentives that a developer might have to purchase the R-1 property, put it in an ordinance, get it to the Planning Advisory Board in September, and get it to you all in September and October, so as you all said, to put this issue to rest, and that's very critical, because even though the incentive may not be great it's still there for a developer to take R-1 and R-2 properties joining his C-1, for example, and use it for augmenting his FAR (floor area ratio), even by a little, and to use it for his open space, which otherwise, would be required to be on his C-1 property, and we want to keep all incentives from developer to -- for a developers to grab R-1 and R-2 properties. Commissioner Winton: OK. Mr. Gibbs: So all we're asking you to do is direct staff to get this on the PAB agenda in September so you all can hear it. Vice Chairman Sanchez: I think it's a favorable compromise. Mr. Gibbs: Thank you. Commissioner Winton: Which is a second motion. Mr. Gibbs: Thank you, and if you'd add that, I'd appreciate it. I know that Planning Department has some objections to it. Commissioner Winton: Well, that's the second motion. That's a second motion. Vice Chairman Sanchez: All right. Chairman Teele: All right. Do we have a motion and a second? Vice Chairman Sanchez: Yes. Commissioner Regalado: Yes. Vice Chairman Sanchez: Johnny moved and I second it or whoever. Commissioner Winton: Yeah. 1 was moving to accept -- Ms. Slazyk: You're moving 37. Commissioner Winton: -- staffs recommendation with mod -- with the latest modification. Vice Chairman Sanchez: With the modifications. Commissioner Winton: Right. Chairman Teele: And the attorney, you've read it into the record? Commissioner Winton: No, he has not. The ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Winton: Roll call. City of Miami Page 202 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All right. We've had the public hearing. Madam Clerk, call the roll. Sylvia Scheider (Assistant City Clerk): Commissioner Regalado? Commissioner Regalado: Yes. Ms. Scheider: Commissioner Gonzalez? Commissioner Gonzalez:: Yes, ma'am. Ms. Scheider: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Scheider: Commissioner Winton? Commissioner Winton: Yes. Ms. Scheider: Chairman Teele? Chairman Teele: One moment. Now, is there a problem here? Commissioner Winton: No. We've got to do another motion. Chairman Teele: Is there a problem? Commissioner Winton: We've got to do a second Ms. Slazyk: No. We were just talking about the timing. Chairman Teele: All right. I vote yes. Ms. Slazyk: The -- we have -- Chairman Teele: Hold on, hold on. Ms. Scheider: Ordinance passes first reading, 5/0. Chairman Teele: All right. Ms. Slazyk: At second reading. Vice Chairman Sanchez: No, second reading. Isn't this second reading? Ms. Slazyk: Second reading, as modified. Chairman Teele: That's second reading. Ms. Scheider: Excuse me, second reading. Ms. Slazyk: You scared me. Mr. Gibbs: Wanted to see if you were awake. City of Miami Page 203 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All right. Are there some other motions that need to be done? Commissioner Winton: Yes. Ms. Slazyk: Yes. The second motion, we were talking about the timing because the -- Chairman Teele: What's your recommendation, Madam Director? Ms. Slazyk: I would like it to go to the second PAB in September and to come back to the Commission in October. September 23rd you're not doing PZ (Planning & Zoning) because of budget, so let's bring it to -- Chairman Teele: No, we can bring that back on September 23rd. Mr. Gibbs: Thank you. Ms. Slazyk: But I can't get it to a PAB sooner than that because I've got two other special districts, and then in CD (Community Development), so -- Chairman Teele: Well, why don't we schedule -- Ms. Slazyk: -- I'm trying to -- Chairman Teele: -- and then you can do the best you can, and then if we have to defer it, we'll defer it. Ms. Slazyk: All right. We'll try it for -- yeah, I'll try it for September, as soon as I can. Commissioner Winton: Well, maybe you can get some of the pro bono boys there to help you draft some language that could help you out. Mr. Gibbs: I've already -- and 1 will tell you -- this is Tucker Gibbs --1 will also tell you that I've already volunteered to do that, and we will make sure that at PAB, if they have an ordinance that we agree with, we're going to be very quick. I will be the only one to speak on the issue. It will be heard by the PAB in five minutes. Commissioner Winton: There you go. Chairman Teele: All right. Madam Director, what's the motion we'll be adopting? Vice Chairman Sanchez: We'll hold you to that, Tucker. Mr. Gibbs: Please, please do. Ms. Slazyk: Your motion would be to direct the administration to prepare an amendment that addresses the FAR and open space issues -- Mr. Gibbs: And other incentives. Ms. Slazyk: -- and other incentives and get it to the Planning Advisory Board in September and back to the City Commission as soon as possible. Commissioner Winton: So move. Vice Chairman Sanchez: Second. City of Miami Page 204 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Are there any other PZ items tonight, Madam Director? Madam Director. Commissioner Winton: Madam Director. Lourdes. Chairman Teele: Madam Director. Commissioner Winton: Lourdes. Ms. Slazyk: No, they're not. Thank you. Chairman Teele: Thank you all very much. Mr. Manager. Mr. Gibbs: Thank you. Chairman Teele: Mr. Manager, we'd like to try to get through with this agenda -- Josefina Sanchez-Pando: Thank you very much. Chairman Teele: Madam president, please, we'd like to acknowledge you again. Please take the dais and just -- Commissioner Winton: You need to write another (UNINTELLIGIBLE) piece. Chairman Teele: -- just -- the mike, and just introduce yourself. Ms. Sanchez-Pando: Thank you so very much. Chairman Teele: No, thank you. We appreciate your patience. Ms. Sanchez-Pando: No, no. Results are (UNINTELLIGIBLE). Thank you, sir. Chairman Teele: Thank you, and goodnight. Yes, sir. Mr. Brown: I apologize. Chairman Teele: No. Go right ahead, sir. Mr. Brown: I just want to apologize for my -- kind of outburst. Sorry about that. Chairman Teele: Thank you very much, and we do want you to express your rights, but we'd like for you to just stay on the subject. Mr. Brown: You did good work today. Chairman Teele: All right. Commissioner Winton: I've done much worse than that. Chairman Teele: And we -- by the way, we have in the mornings, any time you'd like to come City of Miami Page 205 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 and complain about anything, two minutes are citizens' presentations, you could come and give us all the hell you want to on any subject you'd like to, just get with the Agenda Coordinator and ask to be put on as a citizen's participation item and you're welcomed to come here, but when we're on zoning matters, we like to stay on that issue. Thank you for coming down and expressing your views. All right. Mr. Director -- Mr. Manager -- PZ.38 04-00673 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING REQUIREMENTS RELATED TO HEIGHT, SETBACK AND PARKING LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00673 SR Fact Sheet.pdf 04-00673 PAB Reso.PDF 04-00673 Legislation - Modif.PDF 04-00673 Legislation.PDF 04-00673 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 June 2, 2004 by a vote of 7-1. PURPOSE: This will modify height, setback and parking limitations to properties on the SD-9 Biscayne Boulevard North Overlay District. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele Lourdes Slazyk (Assistant Director, Planning & Zoning): I'll move on to PZ.38 then. PZ 38 is a first reading ordinance amending the SD-9 Biscayne Boulevard North Overlay District. As you recall, when we did the last amendment to SD-9, establishing height limits for the boulevard, the final recommendation was that we were going to come back with the part two changes, which further lowers the height and angle where commercial properties are adjacent to residential, so this adds that further protection for the low -density neighborhoods. It's been recommended for approval by the Planning Advisory Board and we're recommending approval. Vice Chairman Sanchez: Is this first reading or second reading? Ms. Slazyk: This is a first reading. City of Miami Page 206 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: First reading. It's a public hearing. Anyone from the public wishing to be heard on this item, please come forward Hearing none, the public hearing is closed We need a motion. Commissioner Gonzalez: Move PZ 38. Vice Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Commissioner Gonzalez. It is a second -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- by Commissioner Regalado. It is open for discussion. Hearing none, Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Sanchez: Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: Passes first reading, 4/0. PZ.39 04-00725 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY PERMISSIBLE USES IN THE R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING CLASSIFICATION TO ALLOW PUBLIC UTILITIES AS A CONDITIONAL USE, PROVIDING FOR CRITERIA, SCREENING REQUIREMENTS AND LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00725 SR Fact Sheet.pdf 04-00725 PAB Reso.PDF 04-00725 Legislation.PDF 04-00725 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 June 16, 2004 by a vote of 6-0. City of Miami Page 207 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PURPOSE: This will allow public utilities as a conditional use in R-4 Multifamily High -Density Residential. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to CONTINUE item PZ 39 to the Commission Meeting currently scheduled for September 7, 2004. PZ.40 04-00674 ORDINANCE First Reading AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA; AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR A NEW ARTICLE NO. 8.1 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A REPEALER PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00674 Fact Sheet.pdf 04-00674 PAB Reso.PDF 04-00674 PAB Reso - 11-03-04.PDF 04-00674 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 8-0. See companion File ID 04-00674a. PURPOSE: This will create a new article to the Zoning Ordinance entitled, " Tree Protection." CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to CONTINUE item PZ.40 to the Commission Meeting currently scheduled for September 7, 2004. PZ.41 04-00674a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, "ZONING AND PLANNING" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING ARTICLE XII ENTITLED, "TREE TRUST FUND;" ADDING AN INTENT STATEMENT AND PROVIDING FOR City of Miami Page 208 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ADMINISTRATION AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS SPECIFIED IN SECTION 8.1.6.6 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00674a Fact Sheet.pdf 04-00674a Legislation.PDF REQUEST: To Amend the Code of the City of Miami APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 04-00674. PURPOSE: This will amend the Miami City Code by creating a new article entitled, "Tree Trust Fund." CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to CONTINUE item PZ 41 to the Commission Meeting currently scheduled for September 7, 2004. PZ.42 04-00672 ORDINANCE First Reading AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00672 SR Fact Sheet.pdf 04-00672 PAB Reso.PDF 04-00672 Leg islation.PDF 04-00672 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 (as modified) to City Commission on June 2, 2004 by a vote of 8-0. City of Miami Page 209 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PURPOSE: This will amend the G/I Government and Institutional District to allow non -governmental and institutional uses only if ancillary to the main use. Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Teele Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. We're up to PZ 42 now. PZ 42 is a text amendment to the Zoning Ordinance relating to the G/I, Government and Institutional District. This is an amendment that would requirement when a government or institutional use ceases to exist on a property, that that property would only then be able to be used as for the most restrictive zoning around it. This is -- we believe this is a very good ordinance. It offers some protection to neighborhoods that have G/I zoning for things like schools, and churches and other institutional public facility uses. This was recommended for approval by the Planning Advisory Board and recommending for approval by the Planning & Zoning Department. Vice Chairman Sanchez: This ordinance is first reading, requiring public hearing. Anyone from the public wishing to be heard, please step forward. Seeing none, public hearing is closed. Commissioner Winton: Move it. Vice Chairman Sanchez: There's a motion by Commissioner Winton. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. Commissioner Winton: And the point about this -- Vice Chairman Sanchez: Discussion. Commissioner Winton: -- we have an item coming up, which is Ransom Everglades, part of the battle about that G/I rezoning relates -- if you remember when we did the naval yard right up here on Bayshore, and the developer could come in and build the biggest building that he could think of building. This solves the problem. You can no longer build anything you want to build just because it's government/institutional zoning, so if, by example, the School Board decided they had a school that was obsolete, couldn't use it anymore, decided to bulldoze it, you could build literally anything you wanted to build in this residential neighborhood, well this stops that kind of nonsense, and now then you can only build whatever the -- Ms. Slazyk: It says only --1'll read it. "Only such uses as may be permitted as principle uses in the least intense" -- Commissioner Winton: Least. Ms. Slazyk: -- "abutting zoning district." Commissioner Winton: Which might encourage some parkland development, so it's a fabulous new tool. Vice Chairman Sanchez: All right. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the Deputy City Attorney. City of Miami Page 210 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: Madam Clerk, roll call. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): First reading passes, 4/0. Commissioner Winton: Joel, were you waving at me a little while ago? You wanted to say hello? Joel Maxwell (Deputy City Attorney): You covered it well. Thank you, sir. Ms. Slazyk: And actually, we had help from the community when we were phrasing that ordinance, as it went through the PAB (Planning Advisory Board). There was a continuance at PAB to help phrase it in a way that everybody was comfortable with, but just for the record, what that ordinance does in a nutshell is, it says, ifyou have G/I (Government/Institution) zoned property with a government or institutional use and it ceases to be used for that government or institutional use, you can only use it according to the regulations of the most restrictive zoning category that touches it, so it's protection. Commissioner Winton: I hate to sound self-serving, but for those of you from the Grove, you know, I've been in office for almost five years now, and I've never heard more shrill voices in the Grove than I've heard since I was elected, and when I got elected, the Grove got absolutely nothing; had received nothing for 20 or 30 years, and I've got to tell you, I think we've really worked hard to try to make the changes as we find the changes to improve conditions over which we had no control, and this G/I zoning thing is one of those examples where, you know, it got identified, not that many months ago; we got it through the system, we're bringing it forward, and doing those other kinds of things, and I hope those of you that are Grove leaders also would get out there and get some of this information about what we're doing out into the community and slow down some of these shrill voices that I don't -- I don't even know where they're coming from; don't even know who these people are, so 1 need help. Sorry, off the beaten track. Carter McDowell: Commissioners, thank you very much. It's been a long road. We appreciate your support and help in getting to this point. We look forward to our final hearing on Monday, and then going to build this -- the improvements for this wonderful institution for Coconut Grove in the City of Miami. Vice Chairman Sanchez: Thank you, and thanks to both sides. It really shows that even when we don't agree with each other, we find ways to respect each other and find a compromise, and really, at the end of the day, it just makes our community a better place, so thank each and every one of you for your professionalism on this matter. It makes it much easier for us, especially easier for Commissioner Winton. Commissioner Winton: Yeah. Vice Chairman Sanchez: All right. Moving right along. Go home. We'll be here until about 3 o'clock in the morning. I don't think so. We're going home at 9 tonight. Commissioner Winton: Yeah. Vice Chairman Sanchez: OK. PZ.43 04-00460 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO City of Miami Page 211 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 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. 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-Submittal-Analysis.pdf 04-00460-Submittal-Appl. for Amdmt. to MUSP.pdf 04-00460-Submittal-Appl. forAmdmt. to MUSP.pdf 04-00460-Submittal-B i nder. pdf 04-00460-Submittal-Letter From Attny Dickman To Garcia-Toledo.pdf 04-00460-Submittal-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-Submittal-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 REQUEST: Major Use Special Permit for the Villa Magna (f.k.a. Bayshore Palms Phase II) LOCATION: Approximately 1201 Brickell Bay Drive City of Miami Page 212 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 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 Gonzalez, seconded by Commissioner Winton, and passed unanimously, with Commissioner Regalado and Chairman Teele absent, to CONTINUE item PZ 43 to the meeting currently scheduled for September 7, 2004 at 5 p.m. Lourdes Slazyk (Assistant Director, Planning & Zoning): I would like to request the continuance now of that PZ 30 -- 43, that we were waiting until 5 o'clock. Vice Chairman Sanchez: PZ43, is there a motion to defer -- Ms. Slazyk: To September 7th. Vice Chairman Sanchez: -- to September 7? Is there a motion? Need a motion for deferral. Commissioner Winton: On what? Vice Chairman Sanchez: On PZ.43. Commissioner Gonzalez: Move the deferral. Commissioner Winton: What is it? Vice Chairman Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Second by Commissioner Winton. Vicky Garcia -Toledo: That's Villa Magna. Commissioner Winton: Wait, wait. Oh, Villa Magna. Vice Chairman Sanchez: I -- see, I could do that for you. Commissioner Winton: Is it deferred for 90 days, or 120, or six months or a year? Ms. Slazyk: September 7th. Ms. Garcia -Toledo: September 7th. Ms. Slazyk: Did you want a time certain on that, 5 p.m. again? Commissioner Winton: Next year. City of Miami Page 213 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Garcia -Toledo: Please, if we could. Commissioner Winton: Is this January of '05? I'm sorry? Ms. Garcia -Toledo: September 7th. Commissioner Winton: September when? Ms. Garcia -Toledo: At 5. Commissioner Winton: September IOth? Is that a P&Z (Planning & Zoning) day? Ms. Slazyk: September 7th will be now. You've -- Vice Chairman Sanchez: All right. Commissioner Winton: Oh, that's -- yeah, yeah, yeah. Vice Chairman Sanchez: There's a motion and a second All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: All in opposition, having the same right, say "nay." Motion carries unanimously. The item has been deferred. PZ.44 04-00649 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, IN ORDER TO ADD A NEW SPECIAL OVERLAY DISTRICT ENTITLED SD-24 SW 27TH AVENUE SPECIAL OVERLAY DISTRICT, ADDING AN INTENT STATEMENT AND CREATING SPECIAL DISTRICT REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00649 SR Fact Sheet.pdf 04-00649 PAB Reso.PDF 04-00649 Legislation.PDF 04-00649 FR Fact Sheet.pdf 04-00649 - Recommendations.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 of a motion, which failed (due to failure to obtain the required five favorable votes), constituting a denial to City Commission on June 16, 2004 by a vote of 3-3. This is a companion to File ID 04-00649a. City of Miami Page 214 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 PURPOSE: This will establish a new special district for SW 27th Avenue from Coral Way to US-1. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12576 Direction to the Administration by Chairman Teele to meet with Dr. Quinton Hedgepeth and address his concerns relating to possible hardship on his property (a liner, an ingress and egress, etc.) because of the Catalonia project and the project slated to be developed on the other side of the Church. Chairman Teele: All right. Now, we've scheduled for tonight, at 7 p.m., two items, and why don't you just go through both of those items, the overview, and let us try to focus in on the -- I would appreciate it if we would limit the debate and the discussion from the dais, and allow the public to say anything that they want to say, but I don't think there are going to be any big surprises here on this. Commissioner Winton: What did -- oh, OK. Chairman Teele: Sir? Commissioner Winton: I was trying to figure out what it is. Commissioner Regalado: 40 -- 44. Commissioner Winton: OK. Commissioner Regalado: 44, 45. Commissioner Winton: Got it. Lourdes Slazyk (Assistant Director, Planning & Zoning): The other item that you had moved to do at 7 p.m. is the PZ37, which is Section 907. Do you want to do the SD (Special District) first or the 907? Commissioner Regalado: 9 -- Chairman Teele: I'm going -- we're going to do PZ 44 -- Ms. Slazyk: And 45. Chairman Teele: -- and 45. I thought that's what -- that's what these people are here for, right? Ms. Slazyk: No. Commissioner Regalado: And 37, too. Chairman Teele: And 37. Commissioner Winton: Yeah, it's all together. Ms. Slazyk: Right. City of Miami Page 215 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: It's all together. Ms. Slazyk: At the first reading, PZ 44 and 45 is a text change and an atlas amendment in order to adopt the new SD-24 special district called Southwest 27th Avenue Overlay District. At first reading, the Commission instructed staff to go back and meet with a broader base of property owners, neighbors, including some of the commercial property owners on 27th Avenue, and see if we could come back with some recommendations that would make this ordinance better. We had several meetings. You know, the gist of the meeting was trying to find a way to not change this ordinance so much that we take away the protection that was given -- that was put into the ordinance for the R-1 and R-2 neighborhoods behind the commercial corridor of 27th Avenue, but also balancing the needs to not stifle economic development on 27th Avenue. The -- these are the recommendations that the Planning and Zoning Department came away from those meetings with, that we would recommend that the Commission approve. There were a couple others that were made that we are not recommending, but the page 1 of this report comes down to the five recommendations that we did accept. The first one is to add a provision for properties with less than 100 feet in depth, as measured from 27th Avenue; that the 27th Avenue setback may be reduced to five feet, if needed, in order to accommodate a liner. What happens here is, some of the properties are very narrow. They're 75 and 85 feet in depth. With the liner requirement and a 10 foot setback requirement, it almost became impossible to do any kind of parking and the liner, so it's important -- the liner's just as important to us in order to make sure that any growth on 27th Avenue is done in a way that enhances the corridor and makes it a pedestrian friendly corridor, so it was decided that a reduction to a 5-foot setback would still provide some sort of setback that doesn't encroach into the residential site of the property, and we could get a liner. Item B is add a provision for properties with less than 100 feet in depth. It's measured again from 27th Avenue, that the rear angle be modified from 45 degrees to 63 degrees, which is the same as the 907 angle, while retaining the maximum 25 foot height in order to allow the smaller properties to obtain one more useable floor plate level. What happens here is, 907 has a requirement that the rear -- setback be at a 63 -- the slope from the rear be at a 63 degrees. In SD-24, we were changing that to 45 degrees. That snips a little bit more of the building because the angle becomes a shallower angle. This recommendation keeps the same 25 -foot height limit at the rear of the property, but it adjusts the angle so that, closer to 27th Avenue, there may be an ability for these smaller properties to get one more useable floor plate, so instead of maybe six stories, they'd be able to do seven or something like that. It helps them get a little bit more economic viability from the commercial property. "C" was add a provision for properties with 85 feet or less in depth. Now, this is not 100 feet. This is 85 or less, which is only a few properties, to allow a waiver of the upper level liner uses, if it cannot be accommodated due to the narrowness of the property by Class 11 We didn't want to give up on the groundfloor liner. The groundfloor is where the pedestrians walk. It's where, you know, the project meets the sidewalk and the street. It's the pedestrian viability of the neighborhood, but at upper levels, we would be willing on these smaller properties, through a Class 11 and Design Review, to maybe not require the liner if an articulation is done well, and again, this is again to promote some kind of economic viability for the very narrow 27th Avenue properties, while not doing anything that would infringe on the protection for the lower density residential neighborhood The last one was to -- oh, "D, " eliminate from the district the properties along 27 th Avenue on the east side, which abut an industrial zoning district. If you know 27th Avenue, on the east side, near US-1, the properties behind 27th Avenue are industrial zoning; they're not residential zoning. That's that street where the paper wholesaler and the other industrial warehouse wholesale development is. The -- this was in order to remove those because the 27th Avenue regulations really have no purpose there to protect an industrial area, so what it would do is actually be more prohibitive on those properties from development and there was really no need for that there. The last recommendation was to modem the criteria for ingress and egress design so that when the access is located along a street other than 27th Avenue, the curbs are cut in a way that directs the traffic toward the major arterial roadway, being 27th Avenue, and away from the adjacent R-1 or R-2 areas. As projects come in and they have some kind of a garage design, most of them, the way the ordinance was written, requires that the ingress and egress be City of Miami Page 216 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 on 27th, but there's concern about traffic intrusion into the neighborhoods. A lot of people cut through these neighborhoods to avoid Coral Way or 27th Avenue, and what this does is, it gives us a little bit more teeth through the design review process to require that the curbs be cut in a way that will mandate that the traffic go to 27th and not make it an easy turn for anybody to get into the neighborhood to cut through the neighborhood as they're coming out of these projects or entering the projects, so this one makes it now a design requirement, so we would agree with these changes, and we would recommend that you approve this on second reading today, with these changes incorporated into the ordinance. Vice Chairman Sanchez: Lourdes, I have a question, and just a point of clarification with this. Is it this one or the other one that address, when you have commercial abutting a residential and the developers buy the residential part, how would it protect -- Ms. Slazyk: Right. That's PZ37. That's the 907.903. Vice Chairman Sanchez: That's -- I'll get to that one. Ms. Slazyk: Yes. This one is just to make the -- some changes to the new SD for 27th Avenue. This affects only the commercial properties on 27th Avenue, with new height limits, rear setback limits, and some other criteria for liner and better urban design. Commissioner Gonzalez: This will be on Southwest 27th Avenue. Ms. Slazyk: This is Southwest 27th Avenue. Generally speaking, between US 1 and Coral Way, except that certain properties were excluded The west side of 27th Avenue from 25th to US 1 had been excluded before, and we're recommending tonight that the east side, where it abuts industrial zoning, be -- also be excluded because there's really no need for those properties to be in. Vice Chairman Sanchez: All right. Commissioner Gonzalez: Just wanted to make it -- put it on the record, that it was Southwest 27 th. Chairman Teele: All right. Commissioner Regalado: All right. Chairman Teele: There is a public hearing. Any person desiring to be heard should come forward. Mr. Attorney, read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. The Clerk is instructing me again that we should ask everyone that has not been sworn in to please stand, raise your right hand if you expect to test. She notes that a lot of new people have come in. If you're going to be -- Sylvia Scheider (Assistant City Clerk): Those who will be speaking, please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Chairman Teele: All right. Let's hear first from the people in opposition. Let's hear first from those persons in opposition to this ordinance. That way we can limit the people in support to the City of Miami Page 217 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 same amount of time. Unidentified Speaker: I'll make it get 30 seconds. Chairman Teele: Doctor, did -- are you here in opposition to this? Please come forward. Are there any other persons here in opposition? Commissioner Winton: You're going to get two minutes. Dr. Quinton Hedgepeth: Quinton Hedgepeth, 2375 Southwest 27th Avenue. I appreciate the time that we spent with the Planning Department. It wasn't what I expected. You -all were -- instructed them to give us a committee and meeting. This was more of an informational session, where we learned about the plans, so it was beneficial. I learned more and more about how negatively it would impact my business, and the recommendations, yes, I'd have to support them because they are a step in the right direction. Also, I'd like to point out that the first part of your session, you spoke of the property next to me, which is Catalonia, and that's something that's varied since the first reading, in that now, it appears to me, as though that project is going to be there. 1 know you still are trying to do everything that you can to stop it, but I'm looking at the point where -- it seems as though it's going to be there, and also on the other side, I do believe the other side of the church, that project is already there, so here 1 am. I'm an isolated, small piece of property. I'm being asked to put a liner, you know, in front, and I learned what a liner was, so it was good to have this informational session. This 15 feet of habitable space, so here I am being asked to put 15 feet on my 45-foot lot, on the first f oor, and have it -- and it's going to be about 100 yards from the nearest, on either side, you know. Chairman Teele: From the nearest what? Dr. Hedgepeth: From the nearest potential net liner, you know, because you've got Catalonia on one side. It's not like -- I mean, the whole idea from what I learned was to have a continuous arcade or a liner along the road, where you could have retail and things like that. That's impossible now on both sides of my property, unless you all change something and stop these two properties, which doesn't look like to me is going to occur, but yet I'm being forced to have that restriction. Plus, I learned that with this liner that I'm going to have to build, which 1 don't need and no developer would want, I'm being asked to put two -- an egress and -- egress and ingress, and not straight. I'm being asked to make them at angles, so you gave me -- you put liner space in, then you made me put an entrance and an exit right in the liner, so what am I going to do with this, you know, probably about 20 or 30 feet of space? What am 1 going to do with it from a developer standpoint? So, I'm being asked almost to the point where my property will not be developable. You know, I mean, if I were a developer, 1 would by property elsewhere and develop it. 1 would not come and develop an isolated small piece of property, with all these restrictions, and limit the abilities, so I'm -- it's basically taking away all the development potential for my property. I was getting, every month or so, I was getting a letter from a developer or someone wanting to buy my property, and I would turn them all away because 1 don't want to sell. I've even got a letter from the City of Miami interested in buying my property. They're not even asking me anymore, you know, so, you know, for a fire station. You know, they were inquiring about it, but nobody is, so I'm being stuck with a small piece of property, a small building with 21 parking spaces. Is anyone interested? That's it. Chairman Teele: All right. Well, maybe Madam Planning Director, maybe you all can look at this. 1 mean, if he's being blocked in on either side with a project that we're all concerned about, maybe we should just declare that to be the zone and -- why don't you all look at that and come back? Ms. Slazyk: Yeah, we'll take a look, but I did mention at the meetings, if there is a specific piece of property that qualifies for hardship -- City of Miami Page 218 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 Commissioner Winton: Right. Ms. Slazyk: -- and there are particular hardships associated with it, they're completely eligible to get a variance -- Commissioner Winton: Bingo. Ms. Slazyk: -- and some of the real small ones would definitely qualify for hardship, so -- Commissioner Winton: And his may, so to change the whole ordinance to accommodate that one -- we've got the -- the way you cure it is through the hardship clause. Ms. Slazyk: They're very much case -by -case and, you know, you can't say, well, let's get rid of all the liners for all of 27th Avenue because there's one property that may not -- it may not work, and he's right. It may not on his. It may not be feasible. It may make no sense whatsoever, given the pattern of development on the blocks around him, and that may be enough to qualms him for hardship. Chairman Teele: Is his property contiguous to the Catalonia? Ms. Slazyk: He's got it on one side of him. I don't remember if there's a street. I think there's a street in between you. Yeah. Commissioner Regalado: No. It's in between. Ms. Slazyk: And then he's got a church on the other side, and I think the Luxor's on the other side of that. Chairman Teele: All right. Well, why don't you all look at that and -- Ms. Slazyk: We will, we will. Chairman Teele: We can't give him a definitive statement, but you could explain the hardship provision -- Ms. Slazyk: I will. Commissioner Winton: Absolutely. Chairman Teele: And that will be on a case -by -case approach, but I don't think it's a -- Commissioner Winton: And you can help do some calculations for him, so he understand -- very specifically related to his site -- Ms. Slazyk: Yeah. Commissioner Winton: -- so he could understand, and then give him all of the tools he needs to understand what he can do and can't do. Ms. Slazyk: Generally speaking, the properties on the east side are shallower than the ones on the west side because of a widening of 27th Avenue. Commissioner Winton: But that said, doctor, what they're not going to do is set up a system so that you can build on your smaller site -- City of Miami Page 219 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Slazyk: A tower. Commissioner Winton: -- the Catalonia 11 in a smaller version, because that ain't going. OK. Chairman Teele: All right. Now, we've heard from -- hold on. Are you in opposition, ma'am? Karen Denunzio: No, I'm not really. Chairman Teele: All right, then just hold on right there. All right. What we're going to do is, we're going to hear from the attorney that's representing the various associations, and then we'll open it up to a few citizens that would like to say something that no one else would be saying. Commissioner Winton: Operative word "few." Andrew Dickman: Very few. Andrew Dickman, attorney for the homeowners in Silver Bluff. We think this is a fair compromise. We support staffs recommendations. This gets the neighborhood friendly seal of approval, and we hope that you will pass it tonight, and I would like to add that, on a case -by -case basis, one person may look at this as a disadvantage, but this SD-24 brings enormous potential to the whole Corridor, when you look at it on a whole, and especially when you look at the types of potential that it has, and it's in these types of SDs ( Special Districts) they're creating around the area, so I think, in the long run on the whole, everyone is going to benefit, not only the neighborhood, but the property owners on that corridor, so we ask that you approve this. Vice Chairman Sanchez: All right. Chairman Teele: All right. Are there any other persons that would like to be heard? Ma'am, any other persons? You just come up, sir, take the mike here. Ms. Denunzio: Karen Denunzio, 1868 Southwest 17th Terrace. I just want to concur with what Mr. Dickman said, that I was -- I sat at these meetings and what I thought was really good was that it really was a concession really on both parts, and I definitely support the way that it is set up now. In regards to Dr. Hedgepeth's situation, again, that is an isolated situation that obviously can be addressed through the proper channels, but what 1 wouldn't want to see is that be a precedent for other properties that may also now want to bring hardship cases in and be able to -- Commissioner Winton: Well, hardships going to qualms hardship. I mean, we can pick and choose -- you know, hardship's hardship, so -- Ms. Denunzio: OK. Thank you. Chairman Teele: All right. Yes, sir. John Brown: Yes, sir. John Brown, 2300 Southwest 24th Street. Commissioner Winton: Can't hear you. Come closer to the microphone. Mr. Brown: John Brown, 2300 Southwest 24th Street. My comments are with -- I'm just comparing this Catalonia with this Opus project that was mentioned, that could block the Performing Arts Center. It looks like the City is, you know, going out of their way maybe to block that since it gets in the way of the Interstate 395 Corridor and the Performing Arts Center, and it says here, if the City approves the Opus, then the Florida Department of Transportation could still use its governmental power of eminent domain to force the developer to sell; thereby City of Miami Page 220 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 preserving the 1-395, but getting the land that way isn't cheap, which means the taxpayers are going to foot the bill, so the City of Miami is making this mistake and it's going to cost the taxpayers big money, and we're complaining about a lawsuit against the City. It's going to cost the City big money. Well, the City's making a lot of mistakes. They made one here and -- Commissioner Winton: We don't -- Mr. Brown: But there is an option that maybe they could use -- Commissioner Winton: We don't know that we're in agreement with that statement that you're putting on the public record, by the way. Vice Chairman Sanchez: But, see, that's -- that's exactly -- Commissioner Winton: That is your opinion, and we're not -- Vice Chairman Sanchez: Sir? Commissioner Winton: -- we have not said that we've made a mistake. Mr. Brown: No, sir, but -- Chairman Teele: All right. Your time -- Mr. Brown: Using eminent domain is one way that you could stop the Catalonia. Chairman Teele: All right. Your time's up. Your time's up. Mr. Brown: You could use a land swap, which this guy was proposing. Chairman Teele: That's not the issue tonight. That's not the issue tonight. We're on 27th Avenue. Let's just stay with -- we have -- you know, you -- Mr. Brown: What I just want to say then is that contrary to what people think, we're not all about developments, says Manager -- Miami City Manager Joe Arriola. Chairman Teele: All right. Now, listen, I'm not going to -- Mr. Brown: (INAUDIBLE) also got to -- (INAUDIBLE) and that's all I'm going to say. Chairman Teele: You know, democracy is not always absolute. You pull that trick one more time, you're going to be out of this Chambers; am I making myself clear to you? Mr. Brown: Yes, sir. Chairman Teele: All right. Next person, please, that would like to be heard on this, the item that's before us. Linda Alger: Good evening, Linda Alger, 2784 Southwest 29th Avenue. As you vote tonight on the SD-24 being implemented, I'd like you afterwards, if at all possible, to pass a resolution to have the City look into extending the circulator, the free Shuttle that comes to the Metrorail, that sits there for a long time in between each loop that it does in the Grove and have it do a loop up 27th Avenue. Vice Chairman Sanchez: That's the County, right? City of Miami Page 221 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 Ms. Alger: 1 mean -- Commissioner Winton: Well -- but we can help -- Vice Chairman Sanchez: Ma'am. Commissioner Winton: -- we can help work -- Vice Chairman Sanchez: Yeah, we could assist you, but that's the County. Commissioner Winton: Yeah, but -- Vice Chairman Sanchez: 1 mean, we could help you -- Chairman Teele: Yeah, but see the problem -- Ms. Alger: Yeah, but that's the City's share of the People's Transportation taxes, supplying that shuttle -- Chairman Teele: There you go. Ms. Alger: -- in here to Coconut Grove. Vice Chairman Sanchez: OK. Commissioner Regalado: True. Chairman Teele: There you go. Ms. Alger: Now -- Vice Chairman Sanchez: Point well taken. Ms. Alger: -- one of the biggest concerns that the neighbors have is traffic, and there's many people that would have the ability to use that shuttle to get up to Publix or to get -- Commissioner Regalado: Yeah. Ms. Alger: -- to the Metrorail station, and in the meantime, it only does the Grove. It's free. It goes every 15 minutes. Commissioner Winton: Or to get into the Grove for shopping. I mean -- Ms. Alger: Huh? Commissioner Winton: Or to get in the Grove. Ms. Alger: Or to get in the Grove, but instead, they still got to get in their car and come all the way to the station. Why not have -- you know, it's going to take y'all's power -- we don't have the power to do that. It's going to take somebody from the Commission having the guts to say, you know what? That's our share of that tax that started that shuttle. Just -- Commissioner Winton: We have the point. We got the point. City of Miami Page 222 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Alger: Right. Commissioner Winton: We got the point. We'll work on that. Chairman Teele: Ma'am, thank you very much. Your comments are very well taken, and you've raised, 1 think, a lot of issues. Commissioner Regalado: And you know what? She's right. I've seen -- Chairman Teele: She's 100 percent right. Commissioner Regalado: I use the 27th Avenue Corridor twice a day to come here and do other things, and I've seen people -- old people walking with Publix bags on 25th and -- 25th Street, 25 th Terrace, crossing 27th Avenue, and, you know, they can just get a lift from in front of Publix to whatever, so 1 think that the City's Transportation Office will address that issue very soon. Thank you. Ms. Alger: As the buildings get built, it's going to be (INAUDIBLE). Chairman Teele: Thank you very much. Commissioner Winton: Right. Chairman Teele: All right. The public hearing is now closed. Is there a motion? Commissioner Regalado: Yes. Commissioner Winton: Second. Vice Chairman Sanchez: Second. Chairman Teele: Motion by Commissioner Regalado. Seconded by Commissioners Winton and Vice Chairman Sanchez. Madam Director, did you have anything you wanted to add? Ms. Slazyk: Not on this one. 1 just want to make sure on the companion, PZ.45, that we exclude the other industrial adjacent properties, because they really don't need to be in this. Commissioner Winton: But that's on 45. Chairman Teele: Madam Clerk, call the roll, please. A roll call was taken, the result of which is stated above. Ms. Scheider: Passes second reading, 5/0. PZ.45 04-00649a ORDINANCE Second Reading AN ORDINANCE AMENDING PAGE NOS. 42 AND 43 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE ZONING CLASSIFICATION FOR THOSE PROPERTIES LOCATED ALONG THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1 , EXCLUDING ONLY SUCH PROPERTIES LOCATED ON THE WEST SIDE OF THE CORRIDOR AND LOCATED BETWEEN US-1 AND SOUTHWEST 25 TH STREET FROM C-1 RESTRICTED COMMERCIAL AND 0 OFFICE TO C-1 City of Miami Page 223 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 RESTRICTED COMMERCIAL AND 0 OFFICE WITH AN SD-24 SOUTHWEST 27TH AVENUE SPECIAL OVERLAY DISTRICT; SAID PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00649a SR Fact Sheet.pdf 04-00649a Zoning Map.pdf 04-00649a Aerial Map.pdf 04-00649a PAB Reso.PDF 04-00649a Legislation.PDF 04-00649a Exhibit A - Aerial Map.pdf 04-00649a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial and 0 Office to C-1 Restricted Commercial and 0 Office with an SD-24 Southwest 27th Avenue Special Overlay District to Change the Zoning Atlas LOCATION: Along the SW 27th Avenue Corridor from Coral Way to US-1, Excluding Only Such Properties Located on the West Side of the Corridor and Located Between US-1 and SW 25th Street APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 3-3. This is a companion to File ID 04-00649. PURPOSE: This will implement the new SD-24 Southwest 27th Avenue Special Overlay District on portions of SW 27th Avenue from Coral Way to US- 1. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12577 Chairman Teele: All right. Madam Director. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 45 is the companion zoning atlas amendment and, again, 1 would ask that the properties down here on the west side -- east side, I'm sorry, adjacent to the industrial district be eliminated. Otherwise, we recommend approval. Chairman Teele: Mr. Attorney, read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. City of Miami Page 224 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: All right. This is a public hearing. Any person desiring to come forward should come forward. If there are persons in opposition, please come forward first. There are no persons in opposition. Mr. -- counsel or counsels, Madam president of the association. Ms. Slazyk: Yeah, this is just a map change. Chairman Teele: There's no -- Commissioner Winton: So moved Chairman Teele: -- public hearing. The public hearing is closed. Vice Chairman Sanchez: Second Chairman Teele: Moved by Commissioner Regalado, second by Commissioner Winton. Madam Clerk, call the roll. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): Passes second reading, 5/0. City of Miami Page 225 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 SUPPLEMENTAL AGENDA DISTRICT FOUR COMMISSIONER TOMAS REGALADO SI.1 04-00846 DISCUSSION ITEM DISCUSSION CONCERNING LEGISLATION INSTRUCTING THE CITY ATTORNEY TO DRAFT THE NECESSARY DOCUMENTATION IN ORDER TO PLACE A CHARTER AMENDMENT ON THE BALLOT FOR THE NOVEMBER GENERAL ELECTION AS A QUESTION TO "REFORM THE MIAMI CITY COMMISSION AS A PURE LEGISLATIVE BRANCH" OR A GOVERNMENTAL BODY IDENTICAL TO THE MIAMI-DADE COUNTY COMMISSION AFTER THE REFORMS THAT WERE APPROVED BY THE MIAMI-DADE COUNTY ELECTORATE IN NOVEMBER OF 2002. 04-00846-cover memo.pdf DISCUSSED Commissioner Regalado: Mr. Chairman, The second discussion item, it's one that the people of Miami is already educated on it. it's a legislation instructing the City Attorney to draft the necessary documentation in order to place a Charter amendment on the ballot for the November general election as a question to reform the Miami City Commission as a pure legislative branch of governmental body identical to the Miami -Dade County Commission, after the reforms that were approved by the Miami -Dade County electors in September 10, 2002. The reason that 1 say that the people of Miami is already educated is because, on the September 10 primary and a special elections of the year 2002, this question that was voted Countywide overwhelming was approved in every precinct in the City of Miami, every one of the precincts of the City of Miami. The last -- the final tally was 18,000 in favor and 12,000 -- 18,000 yes, 12,000 no. Now, the reason for this is to make government work faster. Why? Because we have seen here problems with items that comes to us, and we say, we don't know. Now, if we have a system of committees, committees of one, we can screen, like it's being done now in the County, all the items and recommend to the City Commission. The chair could appoint committees of two, committees of three, and since we're here all day or we could be here, we can always have this hearing. It is working in the County, actually. I've spoken to three County Commissioners, and it's faster and easier to understand the process because all the items have to go to committees and then recommended to the full board of County Commissioners, and it was approved by the voters of Miami. The only governmental body that has this system now is the City of Miami, so --1 haven't finished yet, so my proposal to the City Commission is to direct the City Attorney to draft the charter amendment and place it on the ballot, on the November general election; to reform the government -- using the same language that the County use on the primary of September 10, 2002. Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Winton, Commissioner -- Vice Chairman Sanchez. Commissioner Winton: I guess a number of things. 1 guess, first of all, if I happen to be in agreement that 1 thought that the County system was better than ours, which I absolutely do not think that, but if I happen to think that, this process 1 couldn't support even if I thought that was the right way. This -- if we were interested this reorganizing City government, then it ought to go to the Charter Review committee. That committee should be reactivated. That committee should be responsible for looking at any and every other kind of form of government that we might want to consider. They ought to -- it ought to be debated. City of Miami Page 226 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: But, excuse me, Johnny, 1 thought it was dissolved. That's why -- Commissioner Winton: Well -- but you could start a new one. Any time we want, we can create a new Charter Review Committee. Commissioner Regalado: Oh, oh, OK. No, I mean, because I -- Vice Chairman Sanchez: The Charter Review Committee was what, was abolished? We have a Charter Review Committee. Commissioner Regalado: The Charter Committee was dissolved, yeah. Commissioner Winton: But you can -- we can create another one in -- but this is an issue that takes some real time. I mean, I wouldn't -- it isn't an issue that you can get done for the ballot this November anyhow, even if I supported the concept, but frankly, 1 have no interest in going to the committee form of government. I think it would be -- I don't want to serve on -- I serve on enough committees. I don't want any more committees. I don't want more responsibilities, and I think our form of government, as it stands right now, works perfectly fine. Vice Chairman Sanchez: Could we bring back the Charter Review Committee or -- I thought -- don't we have another year? Commissioner Winton: We might. I don't know the answer to that. Maria J Chiaro (Interim City Attorney): The Charter Review Committee that was established for last year's election -- Vice Chairman Sanchez: When does it sunset? Ms. Chiaro: -- sunsetted for that election. Commissioner Winton: Yeah. Commissioner Regalado: That's what 1 thought. Commissioner Winton: So you have to create a new one. Commissioner Regalado: That's what I thought. Vice Chairman Sanchez: OK. Commissioner Winton: But I don't think we -- I'm not in favor of creating a new one anyway. Vice Chairman Sanchez: Well, 1 may, if you're going to look at a lot of things. I mean, I'm all for it. I mean, listen, the Florida Constitution has been amended so many times and, you know, just look at the Constitution of this great nation of ours has been probably what, 24 times amended, or 26, I believe, 27. The Florida Constitution has been amended about a hundred and some times. Commissioner Winton: Well, frankly -- Vice Chairman Sanchez: So -- Commissioner Winton: Yeah. City of Miami Page 227 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: -- you know, you could always change. It's not perfect. Commissioner Winton: Absolutely. Vice Chairman Sanchez: Our Constitution isn't perfect, and if we have -- if we could look at it and improve it to make a better government, I'm all in favor of it, but let's look at a lot of things that we can bring forth. Commissioner Winton: Yeah. 1 think -- if I were looking at something, 1'd be looking at potentially significantly expanding the Commission and creating a New York style, true, strong Mayor form of government, and -- Vice Chairman Sanchez: You know, I think it's getting pretty late, all right. Commissioner Winton: -- end up with a Commission that has 9, or 10, or 9 or 11 people on it then -- and more representation, so --1 mean, there's a lot of different ways to -- if one were dissatisfied with the form of government, we could look at a lot of options. I'm perfectly content with the way our government is working. You know, 1 have my battles with the administration and everybody else around here, just like everyone us does, but frankly, when you look back at the bigger picture, you know, we've accomplished one heck of a lot. This City is no comparison, nothing, zero, zippo comparison to the day that I stepped to this dais less five years ago, and we've done it, not somebody else. Vice Chairman Sanchez: All right. Commissioner Winton: Us, so I'm pretty content. Well, anyhow, that's my feeling. Chairman Teele: I would like to weigh in on this. I think we need to separate the apples from the oranges. First and foremost, the form of government that we're operating under now was totally plagiarized by the City in less than two weeks from the County government. Commissioner Regalado: From the County. Chairman Teele: Let's be real clear, and I think the attorney needs to give us a historical time line and particularly consider how long the City considered the form of government that we're in now. In fact, we moved so quickly --1 wasn't here, Johnny, but it moved so quickly -- Commissioner Regalado: Two weeks. Chairman Teele: It was about two weeks. Commissioner Regalado: We cast the ballot two weeks. Chairman Teele: It moved so quickly -- Commissioner Regalado: I was here. Chairman Teele: It moved so quickly that in copying word for word the form of government that the County has -- and, Johnny, that's what bothers me about your statement is because -- Commissioner Regalado: Excuse me. Excuse me just one second. Remember that because we move so fast, the City was adding one member that couldn't exist. Chairman Teele: You're right, and that was the point I was about to make. The City -- when the City of Miami Page 228 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 City -- I was not on the Commission. Commissioner Regalado: But 1 was. Chairman Teele: But that must have happened in ninety -- Commissioner Regalado: 7. Chairman Teele: No. It happened in '96. Commissioner Regalado: '96, '96. Chairman Teele: And it went into effect in '97. Commissioner Regalado: Yeah. Chairman Teele: But it plagiarized a word for word that the County had that they didn't take provisions for the Mayor, and so that's why you got a lot of these strange results, like the committee -- the number of people in various committees where -- it used to be five people, including a Mayor, and then when then went to a five -member, single -member district -- but 1 think that the record will show that all of this was done in two weeks. It literally is a word for word take down of exactly what the County has, with the exception, Johnny, of the Charter Review process that came in and made some changes within the unique structure of the City of Miami, but the form of government that we have right now was adopted word for word from the County Charter changes that went into effect in '94 in the County. Commissioner Winton: But the County changed -- Chairman Teele: In '94, and then the City adopted all of its changes in '96, early '97; then the County changed and adjusted its form of government in 2002, and that's what Commissioner Regalado is proposing. I cannot support the proposal as stated, although I do think what we should look at is a clear and clean structure that does exactly what he is proposing to do, but will do also what Alex Penelas and Manny Diaz have both have said in public meetings, that they wish they had done or that had been done, and that is to create an executive form of Mayor, because 1 think what we're operating with right now, with a Mayor that basically provides some policy framework to the Commission, but is really not the Mayor -- the Chief Executive Officer. It's really got the Mayor in a worse box than the Commission, and so I would be totally supportive of what Commissioner Regalado and what the County has done, and what the -- more importantly, what the voters have approved overwhelmingly as it relates to the Commission, if we did the same thing for the Office of the Mayor, and that is create a truly executive Mayor form of government where the Mayor appoints the Manager or the administrator, and the Commission's out of that business. Because I think what we have now is, again, a compromise that Commissioner Penelas made as Commissioner, who authored the Charter Review process, which was sort of a compromise that kept the County Commission in and this keeps the City Commission in, and I think it creates a lot of confusion. I'm always concerned when Chief Timoney says that he works for the Manager and the Mayor, and I have the highest regard for Chief Timoney, but the fact of the matter is, under the City Charter, he better not be working for the Mayor because the City Charter prohibits, as Kathy Fernandez -Rundle wrote to Mayor Suarez, who was elected under the same form that we have right now, that the Mayor may not direct the Chief of Police or any other staff person, so we have a unique situation -- other than the Manager and the Attorney, of course, and the Clerk, and the Auditor General for those purposes. 1 think we have sort of a system that's ridiculous in terms of especially as relates to the powers and the duties of the Mayor, and candidly, if -- God bless Suarez -- but if Mayor Suarez were doing the same things that Mayor Manny Diaz was doing, he'd be locked up, and I say that without any fear of reservation or equivocation in the context that Manny Diaz has said City of Miami Page 229 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 many times his input or his process on personnel matters. I mean, you know, you can just read the Herald and you can -- just read it literally, and so those decisions that he's making are those decisions that are being attributed to him by the Herald are clearly in violation of the Charter, and clearly, what Suarez did and got himself in tether with the State's Attorney. Commissioner Winton: Well -- Chairman Teele: And 1 don't think that makes sense. I think the Mayor has every right to make input on personnel decisions and should make them, and I compliment Manny Diaz for making that input if he's been doing it as attributed Commissioner Winton: But the process of us deciding tonight that we're going to do this or that -- and I don't care what it is -- I'm 100 percent radically opposed to. If we want to talk about moding our form of government, then the only way to do that is to appoint a new Charter Review Committee, with a very specific responsibility to look at multiple, different options for us to debate and consider over a period, a reasonable time and then we can debate what form of government we think could be appropriate for the voters and take it to them in November of 2005 or whenever the next election is. Ms. Chiaro: Mr. Chairman. Commissioner Winton: Yes, sir -- or ma'am. Ms. Chiaro: 1-- Commissioner Winton: I'm sorry. Ms. Chiaro: Mr. Chairman, I just want to clarify a statement that 1 made before. The work of the Charter Review Committee ended for last year's election. The legislation establishing that Charter Review Committee, it was established for a year from 2000 -- from May 2, '03, and can be extended for another year, so in fact, you can extend your current Charter Review Committee for one year by action of the City Commission. Chairman Teele: Well, again, 1 think we can do whatever five Commissioners, or four, or three Commissioners agree on. Vice Chairman Sanchez: We're voting on the issue? Commissioner Gonzalez:: I move -- Chairman Teele: So, 1 don't think we should vote on the issue. 1 don't think we should vote on the issue. I think we should take each other's comments to heart, not vote on the issue. 1 want to basically be very clear, though, there are many ways a Charter change can be done, Commissioner Winton, and coming to a Commission with a Charter Review, I think, is one of many ways, and I think we all know a number of ways. You were involved in one Charter Review that came from the citizens -- or one Charter -- the deannexation of Coconut Grove or the abolishment -- Commissioner Winton: True. We lost that one badly. Chairman Teele: -- of the City. Well, what I'm just saying to you, there are a lot of ways that the public or a Commissioner can be involved in this process, not just through a Charter review process, is all that I'm saying. Commissioner Winton: Well, but my point is -- and I use the Charter Review Committee -- I City of Miami Page 230 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 don't care what the vehicle is, but I'm not about to support changing our form of government until we've appointed somebody to do the research, because I'm not a student of government, so 1 don't know what all the options are. Vice Chairman Sanchez: Well -- Chairman Teele: Well, 1 was prepared to support some changes relating to the labor issues, but I guess we all are caught up in our own rhetoric, so -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Why don't we extend the Charter -- Vice Chairman Sanchez: Committee. Commissioner Gonzalez: -- Committee -- Vice Chairman Sanchez: Review Committee. Commissioner Gonzalez: -- that we -- Johnny, you were in charge of the committee? And let Commissioner Winton chair the committee and, you know, and -- Chairman Teele: No. He got it because he was anew. 1 think you're the person who should chair the new Charter Committee, Commissioner. Commissioner Winton: 1 didn't hear you, I'm sorry. Commissioner Gonzalez: Commissioners, we -- Chairman Teele: I say, Commissioner Winton was cajoled and induced to be in the job because he was the newest Commissioner, and one of the best ways to become totally familiar with the Charter is to head up that Commission, and by right, you would be the senior person -- Commissioner Winton: Bingo. Commissioner Gonzalez: 1 will -- Chairman Teele: -- in line to -- Commissioner Winton: Bingo. Commissioner Gonzalez:: 1 have enough -- Commissioner Winton: Which 1 would wholeheartedly support. Commissioner Gonzalez: -- with all the committees that I'm chartering now, so I think Commissioner Winton was doing that for a while. I think, you know, he'd be more than -- Commissioner Winton: But I'm not overly enthusiastic about doing it again. Commissioner Gonzalez: -- qualified and happy to do that. Commissioner Winton: In fact, I'm not enthusiastic about doing any of this. I'm not dissatisfied. City of Miami Page 231 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 1-- you know -- and if the -- and if our Mayor is doing something that's illegal, then Kathy Fernandez -Rundle ought to investigate it and haul his ass to jail, so -- Vice Chairman Sanchez: But I don't think anybody's implementing that here, that anybody's doing anything illegal. Commissioner Winton: Well, that's what Commissioner Teele said. He said -- Chairman Teele: That's not at all what I said. Vice Chairman Sanchez: No, no, no, no, no. Chairman Teele: That's not --1 said, if he did what -- if he is doing what Suarez did -- Commissioner Winton: No. You said he was doing what Suarez did and -- Chairman Teele: I said, if the Herald's report of him making input in the personnel process, the way it has been reported -- Commissioner Winton: OK. Well, I'll take that, and I'll accept it. Chairman Teele: And that's exactly what I said. Commissioner Winton: And, so, if that's -- Vice Chairman Sanchez: Well, listen, listen, listen, I was out of the room. 1 was out of the room. I wasn't here for that discussion. I just -- do you want to vote on the issue, we'll vote on the issue. If not, I just think it's getting late. Tensions are building up here -- Chairman Teele: No, no tension. Commissioner Winton: No, I don't have any tension. Commissioner Regalado: Tension? Commissioner Winton: I feel good. Vice Chairman Sanchez: All right. Chairman Teele: We're all going to get out of here at a reasonable hour, so -- Commissioner Gonzalez: All right. Vice Chairman Sanchez: All right. Commissioner Winton: Well, I don't think there's even a motion on the table. Commissioner Regalado: We still have till 10 o'clock -- Chairman Teele: We don't have a motion, but let's don't take it til 10. Commissioner Gonzalez: All right. SI.2 04-00847 DISCUSSION ITEM City of Miami Page 232 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ATTORNEY TO PREPARE A NON -BINDING BALLOT QUESTION FOR THE NOVEMBER GENERAL ELECTION TO ASK THE ELECTORATE IF THE CITY OF MIAMI SHOULD ANNEX ADJACENT UNINCORPORATED LAND FOR THE PURPOSE OF GAINING AN ADDITIONAL 500,000 RESIDENTS. 04-00847-cover memo.pdf DISCUSSED Discussion of Item SI.2 resulted in the resolution below: (SI.2) 04-00859 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO RETAIN MIGUEL A. DE GRANDY, P.A., AS OUTSIDE COUNSEL, IN AN AMOUNT NOT TO EXCEED $25,000, FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI 'S APPLICATION WITH MIAMI-DADE COUNTY, REGARDING AN ANNEXATION PLAN FOR THE CITY OF MIAMI. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0507 Commissioner Regalado: Can we do the supplemental or later on? Chairman Teele: Commissioner Regalado, you're recognized to take up any item you'd like to. To the City of Miami staff, if there are items that you all are responsible for that we've not taken up, we'd appreciate it if you'd come out and so we could try to get through this agenda. Commissioner Regalado, you're recognized for any item on the agenda that you have. Commissioner Regalado: Thank you very much, Mr. Chairman. I have two supplemental items, both non -controversial. It's two questions for the ballot, for the Commission to consider. Since we have a general election, since it's at no cost to the City to place any and all ballot questions in the November Presidential Election, since the City Commission has been talking for month, and month, and month about the need to be a City of half a million residents or -- we discussed that with the situation with the work force, and the federal funding. 1 am proposing to direct the City Attorney to place -- instruct the City Attorney to prepare a non binding ballot question for the November general election, to ask the electorate if the City of Miami should annex any adjacent unincorporated land for the purpose of being a city of half a million residents? That is gaining an additional 150,000 residents. Commissioner Gonzalez has been working on this issue, and I think that it's important that the people of Miami will be able to say what they think in order for the City to proceed or for the City to understand how the residents are feeling in this issue, so ! don't know if the Commission is willing to place this on the ballot or at least discuss this possibility. Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez. Vice Chairman Sanchez: You know, I think we need to be very prepared on this. We basically need to know the economics of it. We need to have a plan in place to educate the people on the City of Miami Page 233 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 matter. I mean, just to bring it up like this on a straw ballot, at the end of the day, I think it might do us more harm than good. You know, I could see where we're heading on this. We are a City that wants to reach that 500 -- half a million so we could tap into some federal -- much more federal funds, but I think this is something that if we're going to do it, it's got to be well out thought before we just toss it up. I mean, this is something that we need to debate more, get it right, and really put a strategic plan in place to make sure that, you know -- because once you do this, you're going to have to basically put out your plan, and I don't think we're going to have enough time to prepare a plan, not only to educate the people but also to obtain their support on this referendum. Commissioner Regalado: All right. Commissioner Winton: Mr. -- oh, I'm sorry. Commissioner Regalado: No. The other item -- Chairman Teele: Hold on one minute. Vice Chairman Sanchez: No, no, no. They might be the votes, Tomas. Chairman Teele: Let's discuss it. Vice Chairman Sanchez: Yeah. Chairman Teele: We don't necessarily have to vote on it tonight, but let's at least discuss it. Commissioner Winton. Commissioner Winton: Well, 1 guess, as 1 was listening to Commissioner Regalado describe what we were doing here, my mind was going in the same direction as Commissioner Sanchez, and that is that -- because we've all talked about getting to that threshold, but I'll tell you that once Commissioner Gonzalez figures -- finishes his study, which I think we really need to wait for that study to be completed, then we're armed with all the appropriate information and this is one of those things, much like our bond issue, where 1 think once armed with all the appropriate data, we, as the policy makers, if we feel strongly about the issue, we need to do the same kind of campaign to provide all the information, the pros and cons to our voters, and give them the benefit of our thoughts and wisdom, and if we're firmly -- if we, as the elected body, firmly believe that it ought to happen, then we ought to be selling the public on it, but I think just kind of tossing it up in the air is one of those things that makes me really worry about the law of unintended consequences -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: -- so the straw ballot thing without being armed with no information makes me very, very, very nervous. If I may -- Commissioner Gonzalez. Commissioner Gonzalez: Yes, Mr. Chairman and dear colleagues, we are almost finished with the study on this annexation program. We have to go step further and that is, I'm going to try to pass a resolution tonight, with your support, requesting the services of counsel, because once we have this plan finished and we're ready to discuss it, we should -- Chairman Teele: Your mike is dead, I think. Commissioner Gonzalez: -- we should have legal advice on how to go about this and, you know, and the discussion that is going to be taking place on the dais, so after we finish this discussion, I would like to have the opportunity to introduce a resolution and to see if I have the support of my City of Miami Page 234 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 colleagues. Chairman Teele: What would that resolution be? Commissioner Gonzalez: That would be requesting the services of an attorney -- Commissioner Regalado: Go ahead, do it now. Chairman Teele: 1 thought we've already done that. Commissioner Gonzalez: -- to do this. Pardon me? No, we don't. Chairman Teele: I thought we did that. Commissioner Gonzalez: No, we didn't. Commissioner Winton: I did, too. Chairman Teele: I'm almost certain we did. We directed -- Madam Clerk -- we directed that the City Attorney engage a lawyer, a special counsel on annexation about three meetings ago. Commissioner Winton: Well, if we -- here's what we could do to be safe, she can check the record tonight; we can pass a resolution -- a back up resolution -- Commissioner Gonzalez: Right. Commissioner Winton: -- just to make sure, in case once she's checked the record, we missed it somewhere. Vice Chairman Sanchez: Well -- but see, if we directed the administration to do it and they haven't done it, that's a problem. Chairman Teele: Well, that would be the attorney, not the administration. Vice Chairman Sanchez: The attorney. I'm sorry. The attorney. 1 apologize. You know, if they haven't done it -- Chairman Teele: That would be a problem. Let me, if I could, I'm in support, fully, and I thought that we had on board counsel -- Commissioner Gonzalez: No, sir. Chairman Teele: -- to do that, and / think that counsel should be counsel first, that you're comfortable in working with -- Commissioner Gonzalez: Right. Chairman Teele: -- because you're the Chairman of the committee, and with all due respect to the City Attorney, that lawyer should be a lawyer that you are fully satisfied with and competent -- and qualified with, and in effect, you know, you have the powers of a committee of one at this point, and so I would hope that whatever is done, that it's done in close consultation with you, but let me go to the issue that's on the table, and that's this: We spend more time complaining, whining and criticizing the County than we do any single thing consistently in the five or the seven years that I've served on this Commission. The one thing that we can do to emancipate ourselves from the County's unfair practices related to money is move to 500, 000, OK. Now, City of Miami Page 235 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 let's just be real serious about this for a minute. If we have 500, 000, instead of the County getting the 120 some million dollars, or whatever the correct number of money it is -- where's Barbara Rodriguez? Commissioner Winton: Workforce. For Workforce Development. Chairman Teele: -- of job's money -- Commissioner Winton: Right. Chairman Teele: -- we would be an entitlement city, and we would have a substantial share of dollars somewhere north of $20, 000, 000. Commissioner Regalado: $33, 000, 000. Chairman Teele: Commissioner Regalado is saying it's 33, 000, 000, so we don't need to hire a Ph.D to just sit down and do government 9 -- 100 on the difference between the way cities of 500,000 are treated versus cities of less than 500, 000. I was privileged to serve in Washington. There are two formulas on all funding. Those cities that are 500,000 and more and those cities that are 500,000 or less --1 mean, less than 500, 000. The day we go to 500, 000, not only will we get more CD (Community Development) dollars, OK, based upon not just the population and population density, but we would also be in a different criteria. The same thing is true of Empowerment Zone dollars. Every major federal, urban program -- Commissioner Winton: Transportation. Chairman Teele: Huh? Commissioner Winton: Transportation. Chairman Teele: Transportation. Every major, federal trans -- every major federal, urban program has a major city criteria, and that is because there are the mayors of the big cities who meet with the president, they meet with the secretary of HUD (Department of Housing and Urban Development), each and every one of them, and then on the cities of under 500, 000, you have a selected group and they don't have the clout. They don't have the lobbyists, and it's just night and day. I don't have a problem with deferring it. I don't have a problem with not doing it, but I do think that we ought to make sure that the record is clear. The salary issue has been put on the ballot with us how many times before it was approved? Commissioner Regalado: Two. Commissioner Winton: Four, I think. Chairman Teele: At least four, since I've been around, OK? And the point is this, we should not take ourselves so seriously that we think that we're the only people that need to be educated The best way to educate the public about why we should be going or thinking about going to a greater number or annexing is because we really need to begin a process of beginning a debate and a dialogue in the minds of the public, not just in our own minds. 1 have no concern about this, but we need to also know that every City in this County, except Miami, and perhaps Miami Beach, but certainly, Coral Gables, certainly Hialeah, certainly Homestead, certainly Florida City, and on -- certainly North Miami, and on and on, every City within the last two years has substantially annexed portions of Unincorporated Dade County, except Miami, and so we're -- we're the largest, but yet we're also the slowest to act. Even the City of Homestead and Florida City have annexed large swatches of land that will be -- make those unique populations or those urban centers much more viable as urban cores in the future, because they didn't wait for City of Miami Page 236 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 somebody to do it. Now, the County has this rule that it has to have a zero sum game. In other words -- Commissioner Winton: They want (UNINTELLIGIBLE) Chairman Teele: -- you cannot annex as one group tried to do, the Dadeland Mall and two houses, you know, and they were going to -- you know, they were going to be a City of hundreds of -- well, severals of millions of dollars well above the need, and the County has taken the position consistently that it needs to be relatively equal. That is, you can't annex for the purpose of making yourself -- Commissioner Winton: Richer. Chairman Teele: -- richer, but at the same -- Opa Locka has also annexed, but at the same time, there are portions of land that are being studied now by the County for the creation of new cities, and those new cities will greatly impact the ability of the City of Miami to do anything, and right now, we're behind everybody. Vice Chairman Sanchez: Fisher Island Commissioner Winton: So, it seems to me that what we ought to be directing -- and this really has to come from the City Attorney's Office -- is that they need to speed up the process of support they're providing to the Chairman of our committee here so that we can really begin to work in earnest on this. Chairman Teele: 1 agree. Commissioner Winton: And that's the direction that we ought to provide. Chairman Teele: And I -- I mean, 1 think Commissioner Regalado's point of a non binding is a good point, if we're not ready as a group to do that because if we need more information, then 1 support that, but I think we should not just continue to sit back -- Commissioner Winton: I would agree with that 100 percent. Chairman Teele: -- and do nothing. Commissioner Winton: I agree 100 percent with you. Chairman Teele: And the first step clearly is to hire a lawyer -- Commissioner Winton: Yeah. Chairman Teele: -- and to get somebody to advise us. Commissioner Winton: Yes, and that ought to be done pronto, OK. Chairman Teele: So, Commissioner Regalado, will you support the notion of hiring a lawyer to move -- Commissioner Regalado: Absolutely, absolutely. I think -- I think we did it, but then -- Commissioner Gonzalez: Mr. Chairman -- Vice Chairman Sanchez: Read it. City of Miami Page 237 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Gonzalez: --1 have a resolution of the City of Miami Commission authorizing the City Attorney to retain Miguel R. De Grandy, P.A., as outside counsel in an amount not to exceed $25,000 for the purpose of representing the City of Miami application with Miami -Dade County, regarding annexation plan for the City of Miami. Vice Chairman Sanchez: Second. Commissioner Gonzalez: So moved. Chairman Teele: Would you amend it, please, to say subject to an affirmative recommendation of the City Attorney? Commissioner Gonzalez: 1 accept the amendment. Vice Chairman Sanchez: Accept the amendment. Maria." Chiaro (Interim City Attorney): I have discussed this with Mr. De Grandy and I'm certainly on board with that recommendation -- Chairman Teele: OK. Well, you don't need it then. Ms. Chiaro: -- and his background. Chairman Teele: She's just put it on the record. That's great. All right. We have a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Regalado: OK. RESOLUTIONS SI.3 04-00849 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, TO TERMINATE THE MONTH -TO -MONTH TENANCY BETWEEN THE CITY OF MIAMI AND GARCIA BROTHERS SEAFOOD, INC., FOR THE OCCUPANCY OF CITY -OWNED PROPERTY LOCATED AT 236 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA. 04-00849-cover memo.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to DEFER item SI.3 to the Commission Meeting currently scheduled for September 23, 2004. Chairman Teele: Are there any matters that any member would like to defer, withdraw? Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Commissioner Sanchez. City of Miami Page 238 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Vice Chairman Sanchez: I would respectfully request that Item Special Agenda Number 3 be deferred to September the 23rd. Chairman Teele: To September what? Vice Chairman Sanchez: 23rd, which is the -- Commissioner Winton: I haven't even seen it. Vice Chairman Sanchez: -- second meeting in September. Commissioner Winton: Where's the special agenda? Commissioner Regalado: Which one is that? Vice Chairman Sanchez: That is SI3. Commissioner Winton: What --1 haven't even seen that. Commissioner Regalado: I have -- I don't -- Commissioner Winton: So I missed that. Commissioner Regalado: I don't have it here. Commissioner Winton: What item is that? Chairman Teele: Is that a supplemental item? Vice Chairman Sanchez: Yes. That's more reason to defer it. Commissioner Winton: Well, what is that item, though? Vice Chairman Sanchez: It is terminating a month -to -month lease on Garcia's Brothers -- Commissioner Winton: Oh, OK. Vice Chairman Sanchez: -- rental on -- Commissioner Winton: Got it. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: You said to September what? Vice Chairman Sanchez: 23rd. SI.4 04-00843 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A SOFTWARE City of Miami Page 239 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 LICENSE AND SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ORACLE CORPORATION, THE TOP -RANKED FIRM, PURSUANT TO INFORMAL REQUEST FOR PROPOSAL ("RFP") NO. 03-04-104, ISSUED APRIL 22, 2004, AS AUTHORIZED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 04-0203, ADOPTED APRIL 8, 2004, WAIVING FORMAL COMPETITIVE BIDDING PROCEDURES, FOR THE ACQUISITION OF ORACLE'S ENTERPRISE RESOURCE PLANNING (" ERP") APPLICATION, DATABASE, TOOLS, SOFTWARE AND TRAINING, IN AN AMOUNT NOT TO EXCEED $1,021,816, AND PROVIDING SUPPORT AND MAINTENANCE AS SET FORTH IN THE ATTACHED AGREEMENT FOR FIVE (5) YEARS AT A TOTAL FIXED COST OF $1,009,320, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $2,031,136, AND ANY NECESSARY THIRD -PARTY APPLICATION SOFTWARE, AS NEEDED, FROM A THIRD - PARTY PROVIDER, IN AN AMOUNT NOT TO EXCEED $357,000, AND A CONTINGENCY AMOUNT NOT TO EXCEED $250,000, FOR UNFORESEEABLE CIRCUMSTANCES; ALLOCATING FUNDS FROM THE INFORMATION TECHNOLOGY ERP CAPITAL IMPROVEMENT ACCOUNT CODE NO. 311613, AND FROM THE OPERATING BUDGETS OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, VARIOUS DEPARTMENTS CTYWIDE AND FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 04-00843-cover memo.pdf 04-00843-budgetary impact.pdf 04-00843-acceptance of recommendation.pdf 04-00843-exhibit 1- odering doc.pdf 04-00843-exhibit 2- license .pdf 04-00843-exhibit 3- price hold.pdf 04-00843-exhibit 4- E-business.pdf 04-00843-exhibit 5-cert. of contact.pdf 04-00843-exhibit 6-contract info.pdf 04-00843-exhibit 7- memos.pdf 04-00843-exhibit 8-state memos.pdf 04-00843-exhibit 9-term contract.pdf 04-00843-exhibit 10-state memo.pdf 04-00843-exhibit 11-certificate.pdf 04-00843-exhibit 12- debarment.pdf 04-00843-exhibit 13- insurance.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0508 Chairman Teele: Commissioner -- Mr. Manager, you had one other item, SI.4, and then Commissioner Regalado. Commissioner Gonzalez.: I'll move S1.4. Chairman Teele: Motion by SI.4. Commissioner Winton: Second. City of Miami Page 240 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City of Miami Page 2-11 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 NON -AGENDA ITEMS NA.1 04-00860 ORDINANCE Draft AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-33(C)(7) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE" TO CHANGE THE TIME AND MANNER WHEREBY THE CITY COMMISSION MEETINGS, ARE ADJOURNED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00860-cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, directing the City Attorney to prepare an ordinance requiring City Commission meetings to adjourn no later than 10 p.m. Chairman Teele: Housekeeping. I'm going to ask everyone, please, so we can discuss this at 11: 30, to look at your calendars at the dates September -- Tuesday, September 2nd -- I'm sorry -- Thursday, September 2nd, which is before Labor Day, and Tuesday, September 2nd -- 7th, which is right after Labor Day, or alternatively, Thursday, August 26th. We need a special meeting, or a -- we need a special meeting to deal with zoning items on one of those three days. There is no way this Chair is going to let this Commission get railroaded into going off a cliff with zoning items during a budget hearing. I think it violates the spirit of the Florida Constitution, the State Statutes, and what we need to ensure we're doing is we're dealing with budget items on those two budget days. Clear, as stated in the Constitution, that after 5 p.m., we will deal with budget items; is that correct, Mr. De Grandy? Is -- Unidentified Speaker: If you say so, Commissioner (INAUDIBLE). Chairman Teele: No. I'm only yielding to the great representative De Grandy, who served so well and valiantly in the Florida Legislature. The law is very clear that at 5:01, the item should be taken up relating to the budget. All right, so if everyone would look at their calendars. Let's see what date makes sense for the majority, for zoning -- only zoning, and then we'll ask the City Attorney -- Joel Maxwell, Deputy Attorney, to meet with the Manager's designee, and then let's figure out exactly what we're putting on those days. All right. Commissioner Winton: Do we have any idea how big that agenda will be? Chairman Teele: Well, what we're doing now, Johnny, is just taking what's already on the agenda for those two days and moving them into a third day, so -- Commissioner Winton: Oh. Chairman Teele: -- you know, we're not adding anything, theoretically. We're simply managing what we've got to do. Commissioner Winton: Yeah, and which I think is a good idea. I was just wondering if it's 35 items, or if it's -- City of Miami Page 242 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Well, I've heard rumors that on the second meeting in September, it could very well be over 30 items. Commissioner Winton: So between -- Vice Chairman Sanchez: And, Mr. Chairman, if I may just add? You know, I have been adamantly against that. Chairman Teele: Against what? Vice Chairman Sanchez: Against having such a voluminous agenda. We do a disservice -- and 1 continue to say this. We do an injustice and we weaken the City when we spend here til 3 o'clock in the morning making tough decisions, not allowing people the opportunity, who cannot be here until 2 or 3 o'clock in the morning, to express their concerns, and we vote on those issues. As a matter of fact, the City has an ordinance that by 9 o'clock, the latest, we should terminate or, you know, finish the meeting, because it's just a tremendous injustice, and we have experienced it in the past. I received a lot of complaints because people just can't stay here til 2, 3 o'clock in the morning, and especially on PZ (Planning & Zoning) items that have a direct effect on residents, so you know, my advice to the Chair and the administration, as it was in the last Commission meeting, was to split the agenda. Try to resolve issues that weren't controversial. Try to bring back the ones that are controversial because, 1 mean, it's just -- it just weakens the City when we do that, and you know, this is not what government should be doing, so under your leadership, Mr. Chair -- I'm telling you, when I take over, I'm looking at possibly, you know, obeying the ordinance that exists, and maybe having three, and even four meetings a month, if we have to, but it's -- Commissioner Winton: I'm not coming to four meetings a month. Trust me. Vice Chairman Sanchez: Well, Commissioner Winton, then, you know, we're going to have to work to -- you know, because 1 think it's a tremendous injustice. I don't know how you feel about that. Commissioner Winton: I agree with you. I agree with you. Vice Chairman Sanchez: But when you stay here until 3 o'clock in the morning, 4 o'clock -- Commissioner Winton: No. Vice Chairman Sanchez: -- in the morning -- Commissioner Winton: 1 agree. Vice Chairman Sanchez: 1 refuse to make decisions at 3 o'clock in the morning -- Commissioner Winton: Yeah Vice Chairman Sanchez: -- on very crucial items because, you know, it just opens up the door to take it to court, if they wanted to appeal it. That's -- I think it's a legitimate argument on their side. Chairman Teele: All right. Let me just weigh in justvery briefly. Number one, Madam Attorney, under the ordinance -- correct me if I'm wrong -- at 9.:01 p.m., any single Commissioner can stop the Commission meeting; is that -- Maria J Chiaro (Interim City Attorney): It doesn't specifically state that. I'll pull it up, and I'll City of Miami Page 243 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 give -- Chairman Teele: Well -- Ms. Chiaro: -- you the language. Chairman Teele: -- I think that's one of the big issues. Let me ask you this: On a pocket item, does the language say that any single Commissioner can stop a pocket item? Ms. Chiaro: Yes, sir. Chairman Teele: OK. Then we need to conform our ordinance related to 9 o'clock -- I'll be willing to move it to 10 -- that any single Commissioner may. I mean, you know, this is not about majority rule, and we need to be very clear. Under single member districting, the whole idea and the predicate of the law is that any single Commissioner, as it relates to the Commission district that they are representing, has extraordinary power under the federal law in single member districting, and clearly, in the area of organization, Commissioner Sanchez is right. We do a disservice to communities, neighborhoods and to our own quasi-judicial standing to hear quasi-judicial issues at 1 a.m. in the morning, or at 11:30 at night, to make these kinds of decisions, so I not only agree with what you're saying, I want to make sure that we codify a rule so it's not like three people or four people. If one Commissioner says, "I am no longer comfortable moving forward at this time at night," after an agreed upon time, whether it be 9 o'clock or 10 o'clock, that's what I would propose that our rule say. Vice Chairman Sanchez: Then what 1 would -- I would make a motion directing -- it would be through an ordinance. Chairman Teele: Through ordinance. Vice Chairman Sanchez: To have the City Attorney prepare an ordinance -- at 10 o'clock is perfectly fine. I think it's more than justified 10 o'clock, but anything after that, 1 think that -- you know, you don't see the federal courts or a judge hearing a case at 3 o'clock in the morning. Chairman Teele: Or worse, making a decision at 3. Vice Chairman Sanchez: Or making a decision at 3 o'clock in the morning. Chairman Teele: See, it's one thing to hear it. It's another thing to make that decision, and 1 think we're subject to being challenged on any controversial issue if we are not making those decisions within a framework, which could reasonably be expected to reflect judicial temperament. Vice Chairman Sanchez: So, in the September, what will be the first, if we could have the City Attorney prepare -- Chairman Teele: No. We could have that this afternoon. We can bring that ordinance up this afternoon. There's an identical ordinance in the County -- Vice Chairman Sanchez: All right. Chairman Teele: -- under their rules. Vice Chairman Sanchez: Well, that's my motion, to direct the City Attorney to prepare -- Chairman Teele: Is there a second? City of Miami Page 244 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 NA.2 04-00877 Commissioner Winton: Second Commissioner Gonzalez: Second. Chairman Teele: Today, bring it up today. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Chairman Teele: Madam Attorney, would you read the ordinance for first reading? Ms. Chiaro: This is the ordinance that you directed we prepare earlier today so that the items on the agenda conclude at 10 p.m., unless the time is extended by unanimous agreement, but -- of the members of the City Commission then present. The ordinance was read by title into the public record by the Interim City Attorney. Chairman Teele: Moved by Commissioner -- Commissioner Gonzalez: So moved, Mr. Chairman. Chairman Teele: Is there a second? Commissioner Regalado: Second. Commissioner Winton: Second. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Madam Clerk. A roll call was taken, the result of which is stated above. Sylvia Scheider (Assistant City Clerk): Passes first reading, 4/0. DISCUSSION ITEM Discussion regarding Miami -Dade County General Obligation Bonds MOTION Direction to the City Manager by Chairman Teele to provide a status report this afternoon regarding the County's General Obligation Bonds. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, directing the City Manager to prepare for the Commission Meeting currently scheduled for July 29, 2004, a discussion item on a proposed city bond issue to address problems associated with the homeless, of not less than $50 million or more than $125 million, provided that no taxes are raised, and to bring a recommendation on how the funds should be used; further instructing the Manager to meet with each Commissioner for their input; further appointing Chairman Teele as a committee of one, to work with the City of Miami Beach Officials regarding funds for the homeless issue and report back to the Commission at the Commission Meeting currently scheduled for July 29, 2004. Chairman Teele: All right. I'm going to request today, at 5: 30, that the City Manager present a written report to us regarding the status of the County GO (General Obligation) bond issue, as City of Miami Page 245 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 to what the County Commission has recommended and approved, OK. Today -- you have it ready now? Joe Arriola (City Manager): I could have it ready. Chairman Teele: OK, but 1 think it's really important that we all hear each other's concerns. 1 think it's very important that the City Commission not take an action without getting the advice of the Manager and the input of the Mayor, and of course, each Commissioner's free to do what they want to do, as an individual, or as an individual Commissioner, but I think we're going to be well served if we at least have some collegial discussion on the bond issue that could very well affect every -- could very well affect the entire City of Miami. Mr. Arriola: Commissioner, do you want to hear about the whole $2, 700, 000, 000, or just what -- Chairman Teele: The whole $2, 700, 000 (sic) -- Mr. Arriola: OK, sir. Chairman Teele: -- and particularly, as it affects the City of Miami. Mr. Arriola: The City of Miami. OK, sir. Chairman Teele: Thank you. Further discussion. Chairman Teele: All right. Now, we have two other items on the supplemental agenda. It's the Chair's request that we take a 30-minute break. We've got a 7 o'clock coming. I think we should -- Vice Chairman Sanchez: Excellent. Chairman Teele: -- you know, refresh ourselves a little bit. Before we break, there are two administrative things -- three administrative things that we'd like to call your attention to. First, the Manager is putting out a memo on the GO (General Obligation) bond issue. 1 think we all need to review that over the break, and discuss it with the Manager, I think much of the discussion should be in camera with the Manager, one on one. I think we need to be careful what we say out here on the dais regarding this item. Mr. Arriola: Commissioners, we still have SR.4 that we have not -- of the supplemental agenda, S.4, the resolution for the software, Oracle. It's the one item that we're missing from the supplemental agenda you haven't brought up. Chairman Teele: SR.4? Mr. Arriola: Yes. Chairman Teele: Before we do, because these procurement items -- why don't we hit on the general bond issue, please, and then we'll do SR.4. Commissioner Winton: Well, I've got -- then 1 want to come back to that CA (consent agenda) item that I -- that they got me all the information I need. Chairman Teele: I'm afraid to put anything related to a contract -- you've been deaf on contracts today. The Manager has put out a very good memo on the GO (General Obligation) bond issue. 1 think the most important thing is that by formula, the municipalities are getting a City of Miami Page 246 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 percentage of the money, but they are requiring the municipalities to identify how -- the category that they would spend the dollars in, and the Manager has provided that information. You know, 1 think the bond issue is so big that we all are concerned about it, and I know one of my colleagues, that has a radio show, has already said some things about it, so -- Commissioner Regalado: I don't have a radio show. I have five radio shows. Chairman Teele: OK. All right, sir, I apologize, but the point is, is 1 think there's a real concern about the size of the bond issue from the County, notwithstanding, I am going to instruct the Manager to prepare, for discussion at the -- on the 29th, a City bond issue of not less than 50 or more than 125, provided that no taxes are raised, and a recommendation as to how you would like to have the money used, just in case this thing doesn't come out the way we want it. I am personally -- Commissioner Winton: To go on this November's ballot? Chairman Teele: Yes, sir. I am personally concerned about the Camilla's House and the homeless, and I know that the Camillus House is not our problem; it's a Countywide problem. I realize that the City -- the County has a lot of homeless dollars, which the Camillus House doesn't get any of We complained about it for five years, but unless and until we can come up with a capital solution for the Camillus House, whether it's where they are now or where some of us would like to see them go, without money, it's just a lot of rhetoric, and so I think we have to do something to protect ourselves, and I, for one, would ask the Manager to meet with each Commissioner and get your input, and then give us a professional recommendation of not less than 50 or more than 125, provided that we're not going to increase the taxes. We're talking about the growth -- Commissioner Winton: Yes, sticks to the same -- Chairman Teele: Sticks to the same formula. Commissioner Winton: -- millage rate that we had with our first bond issue. Chairman Teele: Sticks to the same formula. Commissioner Winton: Yeah. Chairman Teele: And I think this is a way that everybody who's got specific items in their district that have not been addressed can weigh in, and we're not committing to do this, and we'll have to decide on it on the 29th. Commissioner Winton: Yeah. That's a great idea. Chairman Teele: But at least it gives us the option -- Commissioner Winton: Yeah. Chairman Teele: -- of trying to figure out where to go. Commissioner Winton: Great idea. Chairman Teele: And if there's -- Commissioner Regalado: You mean a City of Miami bond issue? City of Miami Page 247 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Yeah. They didn't do anything for the homeless in this bond issue, and the Manager -- did you ask them to work with us on the homeless? Mr. Arriola: Sir, I asked not only once, but several times, as recent as yesterday. 1 told them that, for them to get real support from the City of Miami, we needed to see some real money in the homeless, and they pretty much ignored me. Chairman Teele: Johnny, the way 1 look at it is this, with all of the development that's going on downtown and with all of the development that we're trying to get into the inner neighborhoods, both Allapattah or the Midtown Miami, which is in Wynwood, possibly the developments in Overtown, et cetera, we owe it to the public and the developers, and the people who are investing to clean up this homeless situation, and I think, you know -- Commissioner Winton: Don't get in an arguement without me. Chairman Teele: -- we know we need $20, 000, 000, we know it's their responsibility to do it, but I don't think we can afford not to clean it up. 1 think, if we went to people like Hank Sofer and ask him would he like to see some of his tax dollars that he's going to be paying us based upon the development used to clean up the homeless, 1 think the answer would be an overwhelming yes, and 1 think the same thing would be true of a George Perez or the gentleman from New York that's doing Midtown Miami. Commissioner Winton: Well, there's another angle here, too. If the City of Miami Beach would agree to finally implement the half -penny sales tax for homeless, we might agree -- since we're getting all their homeless now, anyhow -- we might agree to allow for whatever's going on here. We get that half -penny sales tax that help goes to this, and they can send them here legally instead of illegally. Chairman Teele: Well, I would be very pleased to chair a committee of one, to report back on the 29th, an effort to do that. I mean -- Commissioner Winton: Great. Chairman Teele: -- I've tried to carry some of their water on issues that I believed, and I really do think we've got to get the Beach and the City to work together, and 1 have -- Commissioner Winton: I agree a hundred percent. Chairman Teele: -- no problem taking all of the homeless from the Beach, if they would agree to share the homeless tax that they're not collecting, and to put it into a dedicated stream in which we would pay for the capital costs, and I think it could be a win -win for Miami, Miami Beach and the whole community, and -- I mean, you know, the County, I think, is extremely shortsighted in not dealing with probably the most important issue in downtown Miami, where their headquarters is -- Commissioner Winton: Well, my guess is that if you get the Beach on your side, between the City of Miami and Miami Beach, you can have -- exert a lot of influence on the County. Chairman Teele: Well, we're out of time now. Commissioner Winton: Yeah. Well -- but it will come -- there's other ways to get to them. Chairman Teele: I would call, please -- if I could yield to you, Commissioner Gonzalez, to preside. I would like to make a motion so directing the City Manager to prepare a bond issue, provided it does not increase the taxes to the taxpayers in the amounts that have been specified, City of Miami Page 248 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 and further require the appointment of a committee of one, meaning myself to work with Miami Beach -- with the Manager of the City, and the Manager of Miami Beach, and the Mayor and Commission, to see if we can come to a consensus on a homeless dedicated stream, subject to us putting up the capital money. 1 would so move. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. Now, are there any other matters to be discussed -- Commissioner Winton: Yes Chairman Teele: -- on the bond issue? Commissioner Winton: Oh, no. Commissioner Regalado: On the bond issue. On the bond issue -- Commissioner Winton: Aren't we going to discuss it next -- Chairman Teele: County bond Commissioner Regalado: The County bond issue. Chairman Teele: The County bond issue. Commissioner Winton: Yeah, didn't you say we'll discuss it -- Chairman Teele: I said we'll discuss the City bond issue -- Commissioner Winton: Oh, at the next meeting. Chairman Teele: -- at the next meeting, and the Manager's going to come to us with his recommendation -- Commissioner Winton: OK. Chairman Teele: -- and we're asking each Commissioner to weigh in. If there's something that's been left out -- Commissioner Winton: Yeah. Chairman Teele: -- in this other stuff we need to try to do that now. NA.3 04-00872 DISCUSSION ITEM Direction to the City Clerk by Chairman Teele to provide the Director of the Community Development Department with a copy of the Community Development items which were deferred from the July 8th Commission meeting to today's agenda; further directing the Administration to clarify why those items are not scheduled in today's agenda. DISCUSSED City of Miami Page 249 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 [Note: The Clerk handed Barbara Rodriguez, Director of Community Development Department, the requested copies later this same morning.] Chairman Teele: If not, madam, there were CD (Community Development) items that were deferred to today at the last meeting. Madam Clerk, if you will pull the CD items that were deferred, would you bring it up to the CD Director so we can get some clarification on why those items are not on the agenda today? Several of them are time sensitive, OK, but let's just get the record and let the record do all the speaking. NA.4 04-00873 DISCUSSION ITEM Direction to the City Manager by Commissioner Gonzalez to contact Miami - Dade County to ascertain that street signs identifying the codesignations approved by the City of Miami Commission are placed in a timely fashion. DISCUSSED Chairman Teele: I'm regaining the Chair and bringing back Public Hearing Item Number -- Commissioner Winton: 5. Chairman Teele: D -- Public Hearing Item Number -- Commissioner Gonzalez: Mr. Chairman -- Chairman Teele: -- 5. Commissioner Gonzalez: -- if you allow me, before we go to the next item, I just want to make a comment on the codesignation of the streets. I would like to ask the Manager to get in contact with the County because we have a serious problem with codesignation. We're designating streets here and the County is failing to put up the signs. I have four cases -- Commissioner Winton: I'm shocked. Commissioner Gonzalez: -- one of them is a year and a half old, that we have even paid the fees to have the signs put up, and they are totally ignoring us. I mean, my office has called the County -- I don't know on how many occasions -- and they keep running around, and around, and around and giving excuses, and 1 think that's very improper of the County to act that way, and if the case is that the County isn't going to put up any more signs, then we need to stop the codesignation because, you know, we -- Commissioner Winton: I'll vote for that. Commissioner Gonzalez: -- we look like fools here, you know; codesignating streets and then the County don't put up the signs, and then the person that has been named is calling us, "What happened? I don't see my street." Exactly what you were saying, Johnny, so please, Mr. Manager, I'll appreciate it if you can contact the County and then let us know what, you know, the situation is. Thank you, Mr. Chairman. Chairman Teele: Thank you very much. NA.5 04-00874 DISCUSSION ITEM Direction to the City Manager by Chairman Teele to request the Director of the Public Works Department to set up a discussion item on the November or December 2004 agenda regarding the Commission policy on the granting City of Miami Page 250 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 of plats and to arrange for the plat committee members to be present. Direction to the City Manager by Vice Chairman Sanchez to provide monthly updates on the million dollar plus consulting contract in charge of producing the Miami development core comprehensive plan. DISCUSSED Chairman Teele: Ordinance for second reading. By the way, Stephanie -- Madam Director, Madam Director. Vice Chairman Sanchez: PH.3. Chairman Teele: Madam Director, 1 would appreciate if, sometime in November or December, you would set up a briefing from the Plat Committee to have a joint meeting or briefing, or discussion with this Commission because I think they need to hear from us, and we need to hear from them on what sort of the evolving trend on this Commission is, and that is not to just give people their plats because they meet the technical requirements. Stephanie Grindell (Director, Public Works): OK. Commissioner Winton: Bingo. Chairman Teele: OK? Ms. Grindell: 1 will do that. Chairman Teele: And I think, if we could have that discussion in November or December with the Plat Committee and all of the people around it, it'll help drive home Commissioner Winton's points -- Ms. Grindell: I will set that up. Chairman Teele: -- which we all support, I think. Vice Chairman Sanchez: Mr. Chairman, let me just elaborate on that. I think that every situation is different, and we go back to the old concept that one shoe does not fit all. Every situation that we're faced with, at least in my district, I personally go out there and I look at the site, and on some occasions, yes, it's to the benefit of the City, and in others, people look at it as the benefit of the developers, but let me just focus on one area, and that's the one that was on PH. 3. It was debated back and forth in this Commission. I personally went out there. On the record, I want to state that, as they say, the cow is out of the barn. You've lost the boat on the horizon and it's off the cliff. There are approximately four houses left. All of those homes have been sold. Development's going to go there. We're not going to be able to stop it no matter what, and the only thing that we could do is to take the steps that we have taken here in this Commission based on focusing on smart growth, and we are taking those positive steps. We're not anti -development. We're basically focusing now on a balance between being pro -economic and, you know, and protecting our core neighborhoods. We have done that. I've done it as a Commissioner, and you know, I'm the one that speaks the less in this Commission, but I think there are times that you really have to come out and say some things that you have to clear because, you know, they're going to criticize me and each Commissioner here when you make decisions. I'm not perfect. I make mistakes at times, but let me tell you, I really focus on doing the homework, and it's up to the City -- because I rely on the City; I'm not an expert on development. Although, in this last six years that I've been here, I've learned and I have been more educated on the issue, but I rely mostly on, one, the City with the recommendations that are given to me, and then basically looking at an area and going out there, and balance it out. What City of Miami Page 251 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 is it going to be; is it in the best interest of the City, the district, or the residents? And, in many cases, people that oppose a project oppose the project on the philosophy that it affects them, and they're absolutely entitled to it. They have every right to come in front of this Commission, a public forum, and express their concerns, so I just wanted to state that on the record on -- based on what we're doing with the Neighborhood Core Master Plan. As a matter of fact, I'm going to ask that on a monthly discussion later on -- and I want you to listen to this, my colleagues and Commissioner -- Johnny, I want you to pay attention to this. I think it's important that the administration provide us an update on the progress with the million dollar plus consulting contract that we produce -- that are in charge of producing the Miami Core. They should come - -well, when it's done -- Commissioner Winton: In charge of producing what? Vice Chairman Sanchez: The study that's being out there, the Miami Development Core Comprehensive Plan. I mean, we should later on be briefed at least once a month, maybe twice a month, to see what's going on because, you know, with all the development that's going on in the community, there are some people that are very concerned. With every right, they need to be concerned, and what we're doing, addressing the situation that we're creating that balance, is that we need to have these consultants that we're paying a lot of money to come back and give us their recommendation as to what's going on -- as to the changes that are going on, because we're having those public meetings and -- the one that I attended, we had a large turnout. I don't know what's going on in other districts, but they're having these meetings, getting feedback from the community as to what their concerns. We need to get updated at least on a -- maybe every two months or every three months, to have them come up and give us a presentation of what's going on on that, because we really need to be focusing once again on a word that's being used a lot, and that is smart growth. Although we're going vertically and we have -- I mean, we have no -- Commissioner Winton: And I think -- Vice Chairman Sanchez: -- we have -- Commissioner Winton: -- a quarterly report makes a lot of sense. Vice Chairman Sanchez: And, you know, 1 think the biggest problem here is the lack of information. Commissioner Winton: Yep. Vice Chairman Sanchez: And there are a lot of people -- Commissioner Winton: It's a big issue. Vice Chairman Sanchez: -- that are looking for that information. Commissioner Winton: It's a big issue. Vice Chairman Sanchez: You know, we're having all these studies done, and they're in the process of doing these studies. I think we need to have that avenue opened up where people could have -- maybe go through the computers that we're so focused on IT (Information Technology) now, and basically see what is it that we're doing to protect those single-family homes and those R-1 s and R-2s that are right now -- if they're next to a corridor, development corridor, they're basically saying I could be next, so I think those are the steps that we need to take, focusing on protecting some of these property owners. City of Miami Page 252 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Gonzalez: All right. Chairman Teele: All right. NA.6 04-00875 DISCUSSION ITEM Direction to the City Manager by Commissioner Gonzalez to request the Police Chief to address complaints received regarding serious gang activity in the area of 813 N.W. 27 Court. DISCUSSED Chairman Teele: RE.3. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: 1 need to -- is Chief Timoney here? Chief Timoney here? Unidentified Speaker: Yeah. Chairman Teele: Is Chief Timoney -- Joe Arriola (City Manager): Yeah. Chairman Teele: -- available for Commissioner Gonzalez or the Commission? Commissioner Winton: Angel, I can't hear you. Angel. Commissioner Gonzalez: Chief I was just called -- Commissioner Winton: Angel. Commissioner Gonzalez: -- back to my office because -- Commissioner Regalado: No. It's not -- mike, mike. Commissioner Winton: Your mike's not on. Commissioner Gonzalez: Oh, I'm sorry. Commissioner Winton: Can't hear you. Commissioner Gonzalez:: I was just called back to my office. We have received seven calls from neighbors from 813 Northwest 22nd -- 27th Court. We have a serious gang activity in that block so, please, if you could address it -- have, you know -- Unidentified Speaker:: We will take care of it right now. Commissioner Gonzalez: -- the commander, or whoever is in charge of that zone there, take care of the problem because I just got seven calls. Unidentified Speaker: We'll do it right now. Commissioner Gonzalez: Apparently, last night it was out of control. City of Miami Page 253 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Unidentified Speaker: We'll take care of it right now. Commissioner Gonzalez: Please, I will appreciate it. Unidentified Speaker: Yes, sir. Commissioner Gonzalez: Thank you. Chairman Teele: All right. Thank you, Commissioner. NA.7 04-00866 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ESTABLISHMENT OF A NON -DEPARTMENTAL ACCOUNT AND APPROPRIATING FUNDS FOR THE PURPOSE OF SUPPORTING POLICE SERVICES RELATED TO THE QUALITY OF LIFE INITIATIVE FURTHER AUTHORIZING THE APPROPRIATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $152,000, FOR THE CITY OF MIAMI DEPARTMENT OF POLICE QUALITY OF LIFE INITIATIVES; ALLOCATING FUNDS FROM AN ACCOUNT TO BE ESTABLISHED CONSISTING OF THE PROCEEDS OBTAINED FROM THE CLEAR CHANNEL/MARK'S CLASSIC SETTLEMENT. Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0510 Chairman Teele: And, Mr. Manager -- Mr. Manager, we were supposed to get, from the Budget Director, some display on the Quality of Life budget, which is not here, and maybe you all want to do that on the 29th, but we would like -- there was a commitment that he would come back on this meeting and give us the spread. If you want to do that on the 29th, just let us know, please. Commissioner Gonzalez: Mr. Chairman, if you allow me? Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: 1 appreciate you bringing up the -- that matter, because I was going to ask you to bring it up before the recess because I need to have an answer on that by this afternoon. We are working on an operation that 1 cannot discuss in public. It's going to be very important and significant, and I'm going to need the resources in order to carry out the operation. Commissioner Winton: What item is that? Commissioner Gonzalez: And it's going to be very -- it's going to be probably by next weekend, so 1 need to have the funding allocated so 1 can -- Commissioner Winton: Oh, OK, so what item is that, Angel? Commissioner Gonzalez: That's -- it's not an item. It was supposed to be on the agenda today and it's not, so I'm -- Commissioner Winton: Oh, so you want them to bring it back? City of Miami Page 254 Printed on 12/16/2009 City Commission Verbatim Minutes July 22, 2004 Commissioner Gonzalez: I want them to bring it back this afternoon. Commissioner Winton: Great. Get it. By -- when we come back from the break? Commissioner Gonzalez: Yeah. Commissioner Winton: OK. Chairman Teele: We stand recessed until 2:45 p. m. Thank you. Chairman Teele: Number 2, the Budget Director has put forth a memorandum that reflects all of the dollars that are available, based upon the lawsuit of the outdoor advertising. That's available, and that will be discussed -- that's -- those dollars, about 130, 000, are being proposed at this point to go to the Quality of Life and 1 would urge everyone to meet with the Budget Director during the break on that money. Chairman Teele: All right. Commissioner -- Commissioner Gonzalez: Mr. Chairman. Chairman Teele: -- Gonzalez, on the Quality Of Life account. Commissioner Gonzalez: Yes, sir. I have a resolution of the City of Miami Commission directing the establishment of a non departmental account and appropriating funds for the purpose of supporting Police services related to the Quality Of Life Initiative; further authorizing the appropriation of funds in an amount not to exceed $152, 000 for the City of Miami, Department of Police, Quality of Life Initiative; allocating funds from an account to be established consisting of the process obtained from the Clear Channel Marks Classic settlement. So moved. Commissioner Winton: Second. Chairman Teele: Is there objection? The Police Department is really cleaning up now, and -- well, they are. I mean, it's about time, and Mr. Manager, I want to compliment you for working with us, and your staff the Budget Director, because what we need to do is get more money out here for the law-abiding citizens and this is a great step in the right direction. Putting the money in the non -departmental account means that the Police Department has got to work with the Budget Director and yourself in the use of these funds, so we don't worry about a new training requirement and, all of a sudden, everybody's taking the money to go train or a lot of other legitimate things, so I thank you, Mr. Manager. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.8 04-00702 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF 30TH YEAR ECONOMIC DEVELOPMENT RESERVE FUNDS IN THE AMOUNT OF $400,000, AND ALLOCATING SAID FUNDS, IN THE AMOUNT OF $150,000, TO HISPANIC BUSINESS INITIATIVE FUND OF GREATER MIAMI, INC., AND THE AMOUNT OF $250,000 TO THE LITTLE HAITI-EDISON FEDERAL CREDIT UNION, FOR ECONOMIC DEVELOPMENT ACTIVITIES BEGINNING OCTOBER 1, 2004 TO SEPTEMBER 30, 2005; AUTHORIZING THE City of Miami Page 255 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCIES. 04-00702-cover memo.pdf 04-00702-exhibit- agreement.pdf DEFERRED Direction to the City Manager by Commissioner Winton to schedule this item on the agenda for the July 29, 2004 Commission meeting. Chairman Teele: Ms. Rodriguez, I'm aware that there are a number of very, very dynamic young people that are here in the audience. I'm also aware that the Little Haiti Credit Union -- would you express on the record what has happened and how you all are going to accommodate the staff mistake that we made? Barbara Rodriguez (Director, Community Development): PH.9 was an item that was deferred from last Commission meeting to this one. We have deferred all of CD (Community Development) items to the next City Commission, and we're requesting approval that the two items that were deferred last Commission meeting to be put at the next Commission meeting. Chairman Teele: No. If you're saying that they'll be heard -- noticed and heard for the 29th -- Ms. Rodriguez: Correct. Chairman Teele: -- that's this meeting. Ms. Rodriguez: OK, on the 29th. Chairman Teele: That will be this -- OK. Commissioner Winton: What? Chairman Teele: OK. We don't really need a motion, but 1 think we do -- should have a motion because the items relating to the Little Haiti Credit Union and the other matters were scheduled to be heard today. That was the motion. Ms. Rodriguez: Right. Chairman Teele: Unfortunately, they were not properly noticed, and so they're not on the agenda today. Ms. Rodriguez: Right. Chairman Teele: What she needs is time to put it on the agenda so it will be on the agenda for Thursday, the 29th, at let's say, 3 p.m. Ms. Rodriguez: 3 p. m. Commissioner Winton: Oh, I see, OK. Chairman Teele: Is there a motion? Commissioner Winton: So moved. Vice Chairman Sanchez: Second. City of Miami Page 256 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: Is there a second? Commissioner Gonzalez: Second. NA.9 04-00878 DISCUSSION ITEM Discussion regarding Little Haiti and the Haitian Awareness Cultural Foundation DISCUSSED Direction to the City Manager by Chairman Teele and Commissioner Winton to review Community Development Grant Funds awarded to Districts 2 and 5 for any programs that will not use their funding prior to September 30, 2004 and to work with the Haitian Awareness Cultural Foundation (HACF), and if staff finds HACF eligible, to authorize its funding from leftover funds. Chairman Teele: Now, is there a representative of the Little Haiti Credit Union? David -- Barbara Rodriguez (Director, Community Development): Yes, there is. Chairman Teele: David, let me apologize to you and explain to you what happened. When this item was deferred, it was supposed to have been -- give us your name and address for the record. David Harder: My name is David Harder. I'm the Chair of the Board of the Little Haiti/Edison Federal Credit Union. Viviane Sylvester: My name is Viviane Sylvester. I am the Assistant Manager of Little Haiti Credit Union. Chairman Teele: OK. Let me apologize to you and your constituents. When the item was deferred in the last meeting -- we've researched this with the notes -- it was supposed to have come up today. Unfortunately, proper notice was not given that it would be coming up today, and it's not on the agenda, at all. What we've done by motion by Commissioner Winton is that we have instructed the staff to do the notices today in the Miami Herald and the newspapers, and it will be heard this coming Thursday. Ms. Rodriguez: At 3 p.m. Chairman Teele: That is July 29th at 3 p.m. All right. Commissioner Winton: Does that work for y'all, by the way? Mr. Harder: I'm actually going to be out of town, and 1 guess --1 mean, we want you to know that our constituents, the members of the credit union, you know, we've tried to come out as regularly -- I don't know whether we'll be able to bring additional members out for the public hearing again. Chairman Teele: Well, this is not a plebiscite or a referendum. I mean, we just want to know that the board of directors is committed to this, and we want to know that the board is going to be making a donation of excess funds or capital to this. We want the board to be a partner. That's the only open issue, and you can just give us a resolution on that, but I do think you all should meet with our Oversight Committee because the Oversight Committee, which is headed by -- Ms. Rodriguez: Larry Spring. City of Miami Page 257 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: -- the Budget Director -- Where's Larry? -- is very concerned about the capital that is being generated by operations, and we appointed an Oversight Committee. They shared with me today their concerns. They're going to put this in writing, but I told him that 1 had asked you all, as a condition of any support from the City, that the members of the board, based upon their ability, will make a contribution to your own organization to ensure that we are all partners in this. You're asking us for about 250, 000, and we're going to be asking your board to ensure that they put up about 10,000, you know, collectively over five people, to ensure that we're all in this together, OK? Mr. Harder: I will -- Chairman Teele: That's going to be the only issue and you can handle it by resolution. Mr. Harder: I will call Mr. Spring tomorrow and set up an appointment so that we can meet with the task force. Chairman Teele: No. You can do that -- he'll meet with you right now, after this, OK, but I just want to explain to you, the board -- I note that you all have a Save Our Credit Union Committee, and Leroy Jones and others are noted as being present on that. We do know that there -- this credit union enjoys tremendous support in the community, but the problem that our Oversight Board has is that it's not generating sufficient funding to be as successful as we thought it would be, so we just want to close that gap. We want to all be in a position where this is a great success five years from now. Mr. Harder: OK. Chairman Teele: And, you know, and if a board member is an hourly worker that's making, you know, $15,000 a year, if he would come up with 2 or $300 toward that, that would be great, and if he is a, you know, a heart surgeon and he wants to do 4 or $5, 000 a year to the board, that is, to the foundation, to make sure that the money is properly spent, that's what we're looking for, OK? Mr. Harder: OK. Chairman Teele: And you don't have to be here. I can assure you, it's going to move forward Mr. Harder: OK. Ms. Sylvester: All right. Chairman Teele: Thank you very much. Ms. Sylvester: Thank you. Mr. Harder: Thank you, Mr. Chairman. Chairman Teele: Now, Cynthia Blanc, I think you wanted to be recognized. You're not on the agenda but this is a CD (Community Development) item, and you have two minutes, ma'am. Welcome. Cynthia Blanc: Thank you so much. Good afternoon, everyone. My name is Cynthia Blanc, with the Haitian Awareness and Cultural Foundation. I'm going to give one minute of my two minutes to Rochelle, who is a part of our program. Rochelle Shuffler: Good afternoon, everyone. I would thank you all for coming out today. I City of Miami Page 258 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 thank the -- Chairman Teele: We need your -- before you start, we need your name and your address for the record, please. Ms. Shuf ler: My name is Rochelle Shuffler and I'm from the Haitian Awareness Cultural Foundation. I thank you all for coming out today. I thank the City of Miami, and 1 especially thank Commissioner Teele. Commissioner Teele has played an important role -- Chairman Teele: Hold on. You've got as much time as you need Commissioner Winton: That's Politics 101. Ms. Shuffler: Commissioner Teele has supported the Haitian Awareness Cultural Foundation since the beginning. His determined hand has played an important role in getting this free summer program, which gives more than three dozen kids a decent place to attend during these boring summer days, so again, I will thank you --1 thank you, Commissioner Teele, for your undying support in the Haitian Awareness Cultural Foundation, and we look forward to seeing all the members of the Commission at our First Annual Haitian Awareness Back to School Jam, which begin -- which is on August 7th. We also look forward to our after school program in October and the same summer program again this summer. Thank you. Chairman Teele: Thank you very much. Commissioner Winton: Very good. Yeah. (Applause) Ms. Blanc: Well, in the 30 seconds that's left, Rochelle is just a brief example of the excellence and the leadership that we have coming out of Little Haiti. We have currently 61 kids enrolled in our program. You guys, please stand up. Absolutely free summer camp, no charge to them -- (Applause) Ms. Blanc: -- with support from the Department of Community Development; of course, your office, Commissioner Teele, so there is definitely a need in Little Haiti for youth enrichment programs, so we look forward to your continued support -- to your department, Barbara, continued support for our 2004-2005 budget, activities and programs. Chairman Teele: Cynthia, just so that it's clear. The 2004-5 budget has already been done, and unfortunately, it's my understanding that they're not in the funding for this -- Ms. Rodriguez: That's correct. Chairman Teele: Now, as it relates to this summer -- Ms. Blanc: Yes. Chairman Teele: -- you all are out of money; is that right? Ms. Blanc: We are currently -- Ms. Rodriguez: That's correct. Ms. Blanc: -- operating -- right, out of money. City of Miami Page 259 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Chairman Teele: And I'm going to ask the staff if they will look through any District 5 program that is not expending at the rate, and to authorize you all to work with them, assuming that the staff will support it based -- Ms. Blanc: OK. Commissioner Winton: And, Barbara, would you look in some of my pockets, also? Chairman Teele: And just so that the public is aware, any public service dollars that are not fully expended by September 30th revert away from us as public service. We can never use it, so if we find one organization that may not be expending at the rate they had projected, we may be able to shift dollars around, but that's up to Barbara Rodriguez and her competent staff. Ms. Blanc: Thank you so much. Chairman Teele: You're quite welcome. Ms. Blanc: OK. NA.10 04-00879 DISCUSSION ITEM Direction to the City Manager by Commissioner Regalado to have the City of Miami placed in a prominent position in terms of flags and mementoes when the Smathers Building is completed. DISCUSSED Chairman Teele: All right. Are there any other CD (Community Development) matters to come before us? If not -- Commissioner Regalado: Mr. Chairman. Chairman Teele: Community Development, yes. Commissioner Regalado: Just -- we just approved a transfer offunds for the Smathers Complex, and this is going to be an extraordinary project, but my request to Barbara is to communicate with the County and the State, which is also involved, that the City of Miami be placed in a prominent position in terms of plaques and mementos and all that when that building is done. Barbara Rodriguez (Director, Community Development): We will. Commissioner Regalado: So, you know, it's the City Commission, the Mayor, the -- all be included as part because we are -- Ms. Rodriguez: We will. Commissioner Regalado: -- part of that project, and if it's not for us, they won't beable to complete it. Ms. Rodriguez: We will. Commissioner Regalado: Thank you. NA.11 04-00886 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION INSTRUCTING THE City of Miami Page 260 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 ADMINISTRATION TO RE -NEGOTIATE THE EXISTING $400,000 ECONOMIC DEVELOPMENT CONTRACT BETWEEN THE CITY OF MIAMI AND THE SMALL BUSINESS OPPORTUNITY CENTER, INC., TO INCLUDE BOTH HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES IN ITS WORK PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT AND A NEW AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, FOR THE HOUSING ACTIVITIES, IN A TOTAL AMOUNT NOT TO EXCEED $400,000, OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS FOR BOTH CONTRACT ACTIVITIES. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0531 Direction to the City Manager by Chairman Teele to schedule the ratification of this contract on the July 29, 2004 agenda with appropriate notice. Chairman Teele: All right. Now, there's a document on my desk entitled, a resolution of the Miami City Commission instructing the Manager to renegotiate an existing $400, 000 contract -- economic development contract between the City and the Small Business Opportunity Center. Are you aware of this? Barbara Rodriguez (Director, Community Development): Yes. Chairman Teele: Well, if you're going to do it, you better do it now because -- Ms. Rodriguez: 1 think it's Commissioner Sanchez is bringing this up. Vice Chairman Sanchez: Mr. Chairman, it's -- Commissioner Winton: Is this -- Chairman Teele: Well, this is the moment to do it because anything -- Vice Chairman Sanchez: Exactly. Chairman Teele: -- related to CD (Community Development) -- Vice Chairman Sanchez: Exactly. That's -- Ms. Rodriguez: Right. Chairman Teele: -- has got to be done while we've got the signer here because that's our commitment as a part of our -- Vice Chairman Sanchez: Mr. Chairman, if I can be -- Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: -- recognized? Mr. Chairman, as you are aware, this is a solution to the problem that existed between Small Business Opportunity Center and the Community Development. They were at odds and, apparently, we were able to sit down and come to an City of Miami Page 261 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 agreement on both sides, and basically, what this does is what has been done for all the other CDs and SBOCs (Small Business Opportunity Centers); that they will be getting housing money for now until we're able to work with HUD (Department of Housing and Urban Development) and make the necessary adjustments to maintain their doors open, and all this does is a resolution of the City of Miami Commission instructing the administration to renegotiate the existing $400, 000 economic development contract between the City of Miami and the Small Business Opportunity Center, Inc. to include both housing and economic development activities in its work program; further authorizing the City Manager to amend said contract and execute a new agreement for the housing activities in a total amount not to exceed $400, 000 of the 28th Year CDBG (Community Development Block Grant) funds for both contract activity, subject to applicable City Code provision and so move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye. " The Commission (Collectively): Aye. Chairman Teele: All those opposed have the same right. Commissioner Sanchez, let me recommend to you that we also instruct the Manager to put this item on the 29th agenda for a ratification of the contract because I'm not sure that this doesn't have to be noticed. Apparently, the 400,000 is already there; it's already in the -- Ms. Rodriguez: Yes. Chairman Teele: OK, but just give them -- Ms. Rodriguez: We will. Chairman Teele: -- the flexibility. If it needs to be noticed -- Vice Chairman Sanchez: Well -- Chairman Teele: -- then you all notice it and bring it back. Vice Chairman Sanchez: Mr. Chairman, the reason why I did it -- I put it out and if there was going to be any controversy or there's anything out of the norm here, what I wanted to do is just direct them to bring it back on the 29th, and then we could have a vote on it. I just -- you know, I didn't want to get anybody -- Chairman Teele: Exactly. Vice Chairman Sanchez: -- by surprise. Chairman Teele: Exactly. Commissioner Winton. Commissioner Winton: Mr. Chairman, this is -- well, I'll bring it up after we finish this. Chairman Teele: All right. Are there any other matters relating to Community Development? And, Barbara, thank you very much -- Ms. Rodriguez: Thank you. Chairman Teele: -- but let's make sure we get those notices -- City of Miami Page 262 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Ms. Rodriguez: We will. Chairman Teele: -- in the newspaper because -- Ms. Rodriguez: We will. Chairman Teele: -- time flies. If not, we will recess the portion of the meeting relating to community development. We'll thank our sign translator, and thank you very much, ma'am. (Applause) Chairman Teele: Thank you. NA.12 04-00876 DISCUSSION ITEM Chairman Teele requested that the City Clerk's Office facilitate the coordination of interviews between the Commission and the top three applicants for the position of City Attorney, as outlined in his Dear Colleague letter dated July 22, 2004. 04-00876 - back-up.pdf DISCUSSED [Note: The Clerk arranged for interviews as requested; process began 7-23-04 and was completed 7-29-04.] Chairman Teele: OK, we've got two important items we'd like to take up very quickly. Commissioner Winton: And I have three. Chairman Teele: Number 1, the City Attorney. I've issued a dear colleague letter in which we've outlined the fact that we're encouraging all of the Commissioners to seek to interview the three very qualified applicants, and what's not stated here is that -- although this is alphabetical -- the three names that are submitted, there was a separate vote taken, and there was a list of at least five persons that were deemed to be fully qualified for the role of City Attorney, and we're especially pleased that two of the three applicants are currently members of the City Attorney'' team, and what we're asking is that -- the Clerk has designated Anna Medina, all of her numbers, cell numbers are there, and we're asking you to coordinate, through Anna, the meetings that you would like to have, whether you want to have them at your offices, or homes, or public places or whatever you'd like to do, just coordinate with Anna or directly with any of the three individuals, but Anna has been instructed to try to get contact with the three individuals and know where they are for 24 hours a day for the next 7 days, so that we can make sure that the three people are available for each Commissioner here whenever it's convenient for you. It is our hope that we can bring this matter to a head at the end of the meeting of July 29th, which is a week from now. However, if any Commissioner is unready, we'll continue that. I think it's pretty unfair to bring in a City Attorney in the middle of a budget, and -- Vice Chairman Sanchez: Oh, absolutely. Chairman Teele: -- we ought to give the City Attorney 30 days -- Vice Chairman Sanchez: I agree with you 150 percent on that. That's the last thing you want to do is, through the budget process, to bring in an attorney. I think that's horrible. It's horrible. Chairman Teele: This will give the attorney 30 days to sort offigure out where the bathrooms are and, you know, what the secret handshakes are, and that way, we'll be out of their way and they can work with the management and the staff in working through that, so we're very hopeful City of Miami Page 263 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 that you will take the time to interview and make a decision. There is normally voting. It's public voting. In other words, you normally write a name down; your name and the name of the person, and the tally is done. That's the procedure that is -- I've witnessed on television. I've never really witnessed it here, I guess, but -- that is done to fill this vacancy, so -- Commissioner Regalado: We did it with -- each a small paper -- Chairman Teele: Yeah. Commissioner Regalado: -- with Alex, and then we all -- Chairman Teele: We'd ask the Clerk to make sure that you have the ballots tallied in as many dfferent combinations as possible so we can figure out how to do it. OK. Are there discussions, or any questions or concerns about the City Attorney process? We also included the tabulation -- the ratings of all six of the people there, so that everyone has all the information that you need. Commissioner Winton: Where is that? Chairman Teele: Here -- Commissioner Winton: Do 1 have -- show me what you're looking at. OK. OK. Chairman Teele: All right, sir. Commissioner Winton: I have that. Chairman Teele: Yeah. Commissioner Winton: I know what I'm looking for now. Chairman Teele: OK. Are there any questions or concerns about that? If not, the City Manager has provided us a very detailed summary -- Commissioner Regalado: There is a question about the City Attorney and there is a question of salary. As you know, the interim City Attorney is supposed to be part to the salary. That's the history of this, right? Chairman Teele: I don't know. The only thing that I know is that normally you select a person, and what we did is, we public -- Commissioner Regalado: I'm talking about the interim City Attorney. Chairman Teele: Well, I don't know what that means. Commissioner Regalado: What it means is that the salary -- when -- I remember when Quinton Jones left and we had interim, the time frame the interim City Attorney gets the salary -- Commissioner Winton: Some sort of increase. Commissioner Regalado: -- and the benefits for the time frame that he or she is doing the interim. Chairman Teele: I mean, you can do anything you want to. I -- City of Miami Page 264 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: No. I mean, that's what we did in the past. I'm just telling you, if we need to do that, I don't know. Madam City Attorney, would you -- Commissioner Gonzalez: It should be a salary adjustment. That's what you're talking about, right? Chairman Teele: Well, 1 mean, 1 would (INAUDIBLE) salary adjustment -- Commissioner Regalado: 1 remember when Quinton Jones left -- Chairman Teele: -- but I don't think we ought to tie ourselves up in that tonight. I mean, that's just something we should instruct her to come back to us on. Commissioner Winton: And she can get retroactive pay. Maria J. Chiaro (Interim City Attorney): I'll place that on the agenda on the 29th. Commissioner Winton: On the 29th, fine. Chairman Teele: OK. Commissioner Teele: And finally, a memo is being distributed regarding the City Attorney Selection Committee from -- jointly signed by Alex and myself I will put out a dear colleague letter at 7 o'clock, as soon as we come back, regarding this, and I would ask that everyone receive a copy of the memo, if you don't have it, and -- Commissioner Regalado: Thank you. Chairman Teele: -- it's just been signed by Alex and myself and a dear colleague letter will be following that within the next 30 minutes, so the time is now 7:40 -- 6:40. We have a time certain at 7 p.m. 1 would recommend that we start not later than 7:15, 7:10, so let's just take a 30-minute break, and come back and we'll take up all of the other issues and be out of here by 9 o'clock. Commissioner Gonzalez: All right. Chairman Teele: Thank you. NA.13 04-00861 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A WAIVER OF THE RENTAL FEE FOR USE OF THE COCONUT GROVE EXPO CENTER BY THE VENEZUELAN CONSULATE (CONSULADO DE VENEZUELA) FOR THE NATIONAL REFERENDUM OF VENEZUELA TO BE HELD ON SUNDAY, AUGUST 15, 2004; AND AUTHORIZING IN -KIND SERVICES FROM THE DEPARTMENT OF POLICE. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0509 Chairman Teele: Commissioner Regalado. City of Miami Page 265 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: We have a situation that is coming up in August 15, here in the City of Miami. It's the referendum in Venezuela. My understanding is that the Consulate cannot hold the elections in Brickell because the thousands of Venezuelans that have registered to vote. My understanding is that they're trying to get the Coconut Grove Convention Center to hold a referendum. They are on a holding pattern, according to their Consul, because they need to know the definite answer from the National Election Committee. Commissioner Winton: Which we agree they should have. Commissioner Regalado: I'm sorry? Commissioner Winton: So make a motion. Commissioner Regalado: I'll make a motion for the Manager to work with the Venezuelan Consul and the Venezuelan community. It's important because they need their input, so the City Commission cannot waive the fees of the Miami -- the Coconut Grove Convention Center, but allocate an amount of money to facilitate the referendum for the Venezuelan community. Mind you, there are 31,000 people that are eligible to vote and of those, 20,000 are in the South Florida area, so -- Commissioner Winton: That's the motion. Commissioner Regalado: Oh, OK. Resolution of the Miami City Commission authorizing -- we cannot authorize the waiver of the rental. We have to -- this is wrong. We have to -- I mean, there is an ordinance that we cannot waive the rental, but we can allocate funding for the Venezuelan Consulate for the national referendum of Venezuela, to be held on August 15, of 2004, and also in -kind services from the Department of Police. There's going to be a very hot day, 1 promise you, because some people are registered and will not be able to vote because of some technicality, and the people will be very eager to vote and maybe tempers will flare, but it's better to do it in here than do it in Brickell because, you know, it's very small place and -- Commissioner Winton: Yeah. We have space here. Commissioner Regalado: -- no parking. No parking. Commissioner Winton: Absolutely. Commissioner Regalado: So that's -- Commissioner Winton: Second the motion. Commissioner Regalado: -- that's the motion. Chairman Teele: Motion, moved and second. Vice Chairman Sanchez: Second. Commissioner Winton: Too late. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. NA.14 04-00882 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Regalado, City of Miami Page 266 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 and was passed unanimously, to provide $10,000 from the Coconut Grove Special Events and Marketing Committee fund to the MTV Video Music Awards event, which will be held, in part, in Coconut Grove, on Thursday, August 24, 2004/ Note for the Record: Commissioner Winton stated "Thursday, August 24", however, Clerk later clarified that the event is scheduled for Tuesday, August 24, 2004. MOTION Commissioner Winton: Two more things. The Coconut Grove Marketing Committee voted --1 don't know when -- this week, last week, whatever, to provide $10,000 from the Coconut Grove Special Events and Marketing Committee fund to the MTV (Music Television) Video Music Awards event, which -- part of which will be held in Coconut Grove on Thursday, August 24th, and the Coconut Grove Special Events and Marketing Committee feels that 10,000 is as much as it can afford, blah, blah, blah, blah, so 1 move $10, 000 from the Coconut Grove Special Events and Marketing Committee fund for MTV Video and Music Awards, and that's -- so that's one resolution. So move. Commissioner Regalado: Second Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. NA.15 04-00883 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to provide $10,000 from the Coconut Grove Special Events and Marketing Committee fund for the Miami Herald Hunt, which will be held in Coconut Grove on Wednesday, November 7, 2004. MOTION NA.16 04-00889 Commissioner Winton: Second motion is for $10, 000 from the same fund for the Miami Herald Hunt, which will be held in Coconut Grove on November 7, 2004. So moved. Vice Chairman Sanchez: In Little Havana. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? DISCUSSION ITEM Announcement that the Budget Workshop will be held in City Hall. DISCUSSED Chairman Teele: Commissioner Regalado, we're about to recess until 9 a.m. on Thursday, the 29th. Where is the budget workshop going to be? City of Miami Page 267 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Joe Arriola (City Manager): Right here. No? I'll find out for you. Chairman Teele: I assume it's going to be here. Mr. Arriola: Yeah. I'm 99 percent sure that -- yeah, right here. I have a pocket item. NA.17 04-00884 DISCUSSION ITEM Direction to the City Manager by Commissioner Regalado to direct the Community Relations Board to investigate a controversial movie called "Bridge to Havana", which will be played in a Little Havana theater in the near furture, and to find out what the plans are for this movie and where the movie will be playing in preparation for any potential problems. DISCUSSED Commissioner Regalado: Joe, I just want to -- no, no -- no resolution, no pocket item, but something to ask the City Manager -- to request the City Manager to direct the Community Relations Board to investigate. There is a very controversial movie that is coming to town, and my understanding is that it would be played on a City venue in the near future, and we need to be ahead of the game here, because there's going to be some problem. It's called Bridge to Havana, and if you, Mr. Manager, can have the CRB (Community Relations Board) to investigate or -- where that and what are the plans. My understanding is that it's going to be playing in Little Havana, in some venue in Little Havana. Joe Arriola (City Manager): What's the name of the movie? Commissioner Regalado: Bridge to Havana. Chairman Teele: Great. It's a -- last time you did this, it cost us how much? Commissioner Regalado: $60,000. Commissioner Winton: I think what he's -- Commissioner Regalado: Hey, (UNINTELLIGIBLE). Commissioner Winton: 1 think what he's asking -- just to make sure I'm clear here -- is that, you just simply want to make sure that the CRB is aware and is kind of thinking about how they might, in case anything happening; is that what you're asking? Commissioner Regalado: Because it's going to happen. Commissioner Winton: Is that what you're asking? Commissioner Regalado: Yeah. Commissioner Winton: OK. Commissioner Regalado: That's all I'm asking. I mean -- Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: -- not saying, you know, don't give them a Visa or something. I'm just saying, the CRB should be aware -- Commissioner Winton: Yeah. Good point. City of Miami Page 268 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 Commissioner Regalado: -- because there's going to be -- Commissioner Winton: Right. Commissioner Regalado: -- there's going to be some -- Commissioner Winton: Action. Commissioner Regalado: -- problems. NA.18 04-00844 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE BID OF NATIONAL ROOFING/SOUTH FLORIDA, INC., FOR THE PROJECT ENTITLED "CITY HALL ROOF REPLACEMENT PROJECT, B-74201," IN AN AMOUNT NOT TO EXCEED $187,444; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311010, IN AN AMOUNT NOT TO EXCEED $187,444, FOR CONTRACT COSTS, PLUS $33,368 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $220,812, AS SET FORTH ON THE TABULATION OF BIDS 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, FOR SAID PROJECT. 04-00844-exhibit 1-tabulations.pdf 04-00844-exhibit 2-fact sheet.pdf 04-00844-exhibit 3-contract.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0512 Direction to the City Manager by Chairman Teele to meet with him tomorrow on this item and on a companion item. Commissioner Gonzalez: Mr. Chairman Chairman Teele: Yes, sir. Commissioner Gonzalez: 1 have a resolution of the City of Miami Commission, with attachments, accepting the bid of National Roofing South Florida, Inc., the lowest responsible and responsible bidder person to formal invitation for bid received April 15, 2004, for the project entitled City Hall Roof Replacement Project, bid 74201, in the amount of $187, 444. Commissioner Winton: About time. Commissioner Gonzalez: Allocating funds from the capital improvement project number 311010. Commissioner Winton: 1 thought it was the City administration building that only got capital City of Miami Page 269 Printed on 12/16/2004 City Commission Verbatim Minutes July 22, 2004 NA.19 04-00885 improvements. Commissioner Gonzalez: Right. Commissioner Winton: So move -- second. Commissioner Gonzalez: OK. Chairman Teele: Motion and a second. Mr. Manager, can I meet with you on this item and a companion item tomorrow? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Gonzalez: We need to take care of the roof With the rains that we're having, we're going to be having to call fire -rescue. DISCUSSION ITEM Discussion on Miami Idol Competition. Chairman Teele: When is the Miami Idol final competition? When is the Miami Idol final competition? I have a notice here -- Commissioner Gonzalez: It was in my district two weeks ago. Chairman Teele: A week from Saturday? Commissioner Gonzalez: The finals. Chairman Teele: Is something going on tomorrow night at the Manuel Artime Center? So there will be a show tomorrow night, but that's not a competition? Joe Arriola (City Manager): My understanding, Commissioner, it is a competition, but it's not the finals. It's like the semi-final, then the final. Chairman Teele: So tomorrow night is one of the final eliminations? Mr. Arriola: Yes. Chairman Teele: At the Manuel Artime Center? Mr. Arriola: Artime Center, yes. Chairman Teele: OK. All right. OK, and I, again, want to compliment the staff, especially IT ( Information Technology), that is handling the voting that is going on online, and I think it really does send the right signal, and we really appreciate the efforts of the Mayor's Office and everyone involved. Are there any other matters to come before the Commission? If not, we stand recessed until Tuesday -- Thursday, 9 a.m., at the City Hall, in which we will begin to take up the budget items, followed by some PZ (Planning and Zoning) items and other business at 2 o'clock. Thank you very much. We stand recessed. City of Miami Page 270 Printed on 12/16/2004