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HomeMy WebLinkAboutCC 2005-01-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, January 27, 2005 9:00 AM Planning and Zoning City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes January 27, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 27th day of January, 2005, 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 by Chairman Joe Sanchez at 9:40 a.m., with a brief recess from 10:19 a.m. to 10:38 a.m., followed by a lunch recess from 12:23 p.m. through 2: 40 p .m. At 4: 48 p.m., the Commission recessed again and reconstituted itself as the Board of Directors of the Community Redevelopment Agency (CRA), which meeting adjourned at 5:03, when once again the City Commission meeting was reconvened and adjourned at 5:06 p.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS NO ACTION TAKEN MAYORAL VETOES City of Miami Page 2 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 NO MAYORAL VETOES Chairman Sanchez: The agenda today -- we don't have, I believe, any presentations, and we do not have any mayoral vetoes presented to this Commission, so, therefore, we'll go ahead and -- is there any minutes that we need to approve, Madam Clerk? Priscilla A. Thompson (City Clerk): No, sir, there're not. Chairman Sanchez: There're not? ORDER OF THE DAY Chairman Sanchez: Thank you. We'll go ahead -- let me read some things 1 need to read into the record before we start. Any person who acts as a lobbyist pursuant to the City Ordinance Number 11469, must register with the City Clerk prior to engaging in any lobbying activity here in the City. Any person making slanderous remark or becomes boisterous while addressing this Commission will be asked to leave the Commission meeting. Also, any printed agenda -- the printed agenda is available five days before the meeting. Anyone interested could contact the Clerk's Office to receive a copy of the agenda. Chairman Sanchez: Before we move on to PH.4, let me just read something for the record. That any regular item that are deferred will be automatically deferred to the next regular Commission meeting, which is held February 10, and any Planning and Zoning item that are deferred will automatically defer to the next Planning and Zoning meeting, which is February 27. In doing this, we just basically are abiding with the Code of the City of Miami. CONSENT AGENDA CA.1 04-01448 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AMINTA RODRIGUEZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $42,500 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF AMINTA RODRIGUEZ V. CITY OF MIAMI, ET AL, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-13473 CA 32, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 04-01448-cover memo.pdf 04-01448-budget.pdf 04-01448-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0061 CA.2 05-00007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO A+ MINI STORAGE, City of Miami Page 3 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 PURSUANT TO RESOLUTION NO. 02-140, ADOPTED FEBRUARY 14, 2002, AMENDED BY RESOLUTION NO. 04-0060, ADOPTED FEBRUARY 12, 2004, IN AN AMOUNT NOT TO EXCEED $10,000, FROM $50,000 TO $60, 000 ANNUALLY, FOR ADDITIONAL STORAGE NEEDS, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS FOR SAID INCREASE FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290201.6.610; AMENDING RESOLUTION NO. 04-0060 TO REFLECT SAID INCREASE AND TO REFLECT CORRECT LANGUAGE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) FOR SAID INCREASE. 05-00007-summary sheet.pdf 05-00007-contract award.pdf 05-00007-general fund.pdf 05-00007-pre resolutionl.pdf 05-00007-pre resolution2.pdf 05-00007-resolution. pdf 05-00007-Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0062 CA.3 05-00008 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF RECORDSHRED, INC., FOR THE PROVISION OF ON -SITE MOBILE SHREDDING SERVICES, FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL TWO-YEAR CONTRACT PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $40,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $160,000; ALLOCATING FUNDS IN THE ANNUAL AMOUNT NOT TO EXCEED $30,000, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270 AND AN ANNUAL AMOUNT NOT TO EXCEED $10,000, FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.340. 05-00008-summary form.pdf 05-00008-award form.pdf 05-00008-tabulation of bids.pdf 05-00008-NAID.pdf 05-00008-recordshred card.pdf 05-00008-recordshred ad.pdf 05-00008-recordshred Protect.pdf 05-00008-drug certificate.pdf 05-00008-resolution. pdf 05-00008-Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0063 City of Miami Page 4 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 CA.4 05-00010 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF SPECIAL COUNSEL TO ADDRESS ISSUES RELATED TO LABOR AND EMPLOYMENT MATTERS CONCERNING COLLECTIVE BARGAINING UNITS, IN AN AMOUNT NOT TO EXCEED $30,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER, FOR SAID SERVICES. 05-00010-cover memo.pdf 05-0001 0-budget. pdf 05-00010-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0064 Adopted the Consent Agenda Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, 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 Allen END OF CONSENT AGENDA Chairman Sanchez: OK, we'll go ahead and proceed with the consent agenda. Is there any discussion on the consent agenda or any items that wish to be pulled at this time for discussion from any of the Commissioners? Commissioner Winton: Mr. Chairman. Chairman Sanchez: Commissioner Winton, you're recognized. Commissioner Winton: I have a quick question on CA.3, Commissioner Allen: Yes. Commissioner Winton: CA.3, the mobile shredding service. This contract calls for two additional -- an annual amount not to exceed $40,000, for a contract amount not to exceed $100, 000; allocating funds in an annual amount not to exceed 30,000, so I'm curious how you -- the math doesn't seem to add up. The contract amount is not to exceed 40, but you're only going to allocate funds not to exceed 30, so I'm --1 don't understand how that works. Chairman Sanchez: All right. Why don't we do something for the sake of time and organization? Let's go ahead and pull that item -- Joe Arriola (City Manager): The 160 -- so you understand, the 160 is based on the four contracts, that's what -- Commissioner Winton: Yeah, that added up. City of Miami Page 5 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Mr. Arriola: -- 40, 40 -- Commissioner Winton: But the last -- Mr. Arriola: -- and 160 -- Commissioner Winton: -- one doesn't -- the annual amount coming from the general fund is 30, 000 a year, so where's the other ten going to come from? Mr. Arriola: The issue is we're only going to spend the 30,000, but I'm asking 40,000 in case -- so I don't have to come back here for a $5, 000 contract. Commissioner Winton: That's the answer. Chairman Sanchez: Are you OK with the answer? Commissioner Winton: That's the answer. Chairman Sanchez: So, therefore, you do not want to pull the item -- Commissioner Winton: Nope. Chairman Sanchez: -- for discussion? Commissioner Winton: Nope. Chairman Sanchez: You're content with the response given to you by our City Manager. Commissioner Winton: That's wonderful. Chairman Sanchez: Any other item on the consent agenda that the Commissioners wish to pull for discussion? If not, could we have a motion to approve the consent agenda? Commissioner Winton: So move. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The consent agenda has been approved by this legislative body. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ City of Miami Page 6 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00022 DISCUSSION ITEM DISCUSSION ABOUT THE IMPLEMENTATION OF THE MIAMI RESIDENT VEHICULAR PROTECTION PROGRAM (MVP). 05-00022-cover memo.pdf 05-00022-letter. pdf DISCUSSED Direction to the City Manager by Commissioner Regalado to issue a press release to be widely distributed announcing the resident vehicular protection program to protect their automobiles in City garages in the event of a hurricane. Chairman Sanchez: All right. We move on to the Commissioners' items, also known as blue pages. I believe that the only Commissioner that has items, if I'm not mistaken, is Commissioner Regalado. Commissioner Regalado, you're recognized for D4.1, 2, 3. Commissioner Regalado: Thank you very much, Mr. Chairman. D4.1 is an update about the implementation of the Miami Resident Vehicular Protection Program, the MVP. This is something that the Commission approved, and 1 already received the applications from Miami Parking Authority. They have already consult with Legal, and it is an application, also a waiver for the City in any damage, and my understanding is that they have communicated with the NET (Neighborhood Enhancement Team) Office. 1 do not know if the NET Office have already the application, and the question is, if we do have the application at the NET Office, how are we going to publicize this, other than announcing it in this meeting? Probably, we could use the resources of the City TV (television) station to invite residents, or through the NET Office to communicate to neighborhood associations the existence of this program. People need to be registered before May, so we got plenty of time, but the hurricane season starts on June 1 of this year, so 1 just wanted to find out if we're ready. Ricardo Gonzalez: Ricardo Gonzalez, Director of NET. We've met with Miami Parking Authority, and we're prepared to distribute the applications to neighborhood groups and business groups. Well also display the applications in our offices. The applications have not been completed. They submitted -- the application that you have with you is the preliminary form. We made some recommendations in terms of you know, where to send them to, including, you know, some additional information on the forms, but we're prepared to go forward with the program. Commissioner Regalado: OK. Thank you. I think that we could -- when you're ready, we could like issue, maybe, Kelly, a press release to the media so they can, you know, give us a hand on publicizing this. Kelly Penton: Sure, Commissioner. Kelly Penton, Director of Communications. We've already City of Miami Page 7 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 met, Ricardo and I, with the Miami Parking Authority. There's already a draft of the press release put together, and we've also talked about doing a public service announcement for the channel to run and advise people about how to apply for it. Commissioner Regalado: Thank you. Ms. Penton: You're welcome. D4.2 05-00023 DISCUSSION ITEM DISCUSSION ABOUT DIRECTING THE ADMINISTRATION TO UTILIZE MIAMI TV TO EDUCATE THE CITY'S ELECTORATE ON THE NON- BINDING STRAW BALLOT QUESTION. 05-00023-cover memo.pdf DISCUSSED Note for the Record. The minutes of the discussion on the above item are included under Item D 4.3. D4.3 05-00024 DISCUSSION ITEM AN UPDATE FROM THE CITY CLERK'S OFFICE ON THE NON -BINDING STRAW BALLOT QUESTION REGARDING THE MIAMI-DADE COUNTY PROPERTY APPRAISER. 05-00024-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to approve the use of Miami City Hall, 3500 Pan American Drive, as an early voting site for the March 8, 2005 Special Miami -Dade County Election, from February 21 through March 6, 2005,. Commissioner Regalado: Mr. Chairman, the other issue is the non -binding straw ballot question . Actually, this is two in one -- three in one. I will like just to make sure that the City Clerk has confirmation from the Miami -Dade County Elections Department that what was approved by the City Commission in the last meeting, meeting the deadline of January 24, it will be already in the ballot in the Special Election of March 8, 2005, in Miami -Dade County, in the municipality of Miami. Priscilla A. Thompson (City Clerk): Yes, sir. We have received confirmation from the Election Department. They have received our ballot question. They have received the English, Spanish and Creole interpretations of that ballot question, and to piggyback on this, 1 did send you all an e-mail. The Elections Supervisor is requesting the use of City Hall as an early voting site. Commissioner Regalado: Yes, I've seen it, and that's something for the City Commission to decide. I think it worked wonder on the November election, and having City Hall gives the City one early voting site in the south, then we have one in the central, Stephen Clark Center, and one in Lemon City, which is the third early voting site, which will be about a week, and by the way, this will be paid by Miami -Dade County Elections Department, not the City of Miami because it's a countywide election, but that's something for the Commission to decide. Chairman Sanchez: We move on to PH (Public Hearing) -- Commissioner Regalado: Mr. Chairman, we --1 forgot -- we forgot something. We need to approve City Hall as an early voting site for the March election. City of Miami Page 8 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: OK, Madam Clerk. Commissioner Regalado: I'll make a motion to approve our City Hall. Chairman Sanchez: There's a motion and a second to approve City Hall as a voting -- early voting precinct. Any -- there's a motion and a second. Motion made by Commissioner Regalado, second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN PUBLIC HEARINGS PH.1 05-00011 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF THREE (3) ALERT AM EMERGENCY ADVISORY RADIO SYSTEMS AND (1) RESPONDERI MOBILE EMERGENCY BROADCAST SYSTEM WITH ACCESSORIES, INCLUDING EQUIPMENT, TRAINING, INSTALLATION, AND MAINTENANCE SUPPORT SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE (THE " PROJECT"), FROM INFORMATION STATION SPECIALISTS INC. ("ISS"), THE SOLE SOURCE MANUFACTURER, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $127,655; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, "URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II," PROJECT NO. 110111, ACCOUNT CODE NO. 280910 .6.840; RATIFYING, APPROVING, AND CONFIRMING THE AM RADIO LICENSE APPLICATION, ATTACHED AND INCORPORATED, PREVIOUSLY SUBMITTED TO THE FEDERAL COMMUNICATIONS COMMISSION BY THE CITY OF MIAMI DEPARTMENT OF FIRE RESCUE AND ISS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE ANY NECESSARY RELATED PROCEDURES FOR LICENSES, PERMITS AND REQUIREMENTS AND TO NEGOTIATE AND TO EXECUTE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR THE PROJECT, FOR SAID PURPOSES. City of Miami Page 9 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 05-00011-exhibitl .pdf 05-00011-exhibit2. pdf 05-00011-exhibit3. pdf 05-00011-exh ibit4. pdf 05-00011-exh i bit5. pdf 05-00011-exhibit6. pdf 05-0001 1-alertAM.pdf 05-00011-ISS 1 .pdf 05-00011-ISS 2.pdf 05-00011-map.pdf 05-00011-memo 1. pdf 05-00011-memo2.pdf 05-00011-memo3. pdf 05-00011-memo4. pdf 05-00011-pinellas newsletter.pdf 05-00011-public notice.pdf 05-00011-purchase sheet.pdf 05-00011-quote. pdf 05-00011-request form.pdf 05-00011-resolution.pdf 05-00011-sole source award.pdf 05-00011-summary form.pdf 05-00011-warranty. pdf Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0065 Chairman Sanchez: We move on to PH.1. It's a resolution. Fire Department here to proceed with this resolution? OK. Commissioner Allen: Where are we? Chief Joseph Fernandez: Joe Fernandez, Department of Fire -Rescue. Commissioner Allen: Where are we? This is -- Commissioner Regalado: You have the license already? Chief Fernandez: The license is applied for and they are -- they're not contingent on any quota system. It's just a matter of what frequency number you get, so it is applied for and we should have it officially in eight weeks. Commissioner Regalado: So the license is approved? Chief Fernandez: Not officially approved,. it's in process. Chairman Sanchez: What happen -- Commissioner Allen: It's PH.1. Chairman Sanchez: -- what happens if it's not approved? City of Miami Page 10 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: Yeah. Chief Fernandez:: There's no foreseeable reason for it not to be approved. It's just a matter of which frequency you get. It's unlike public safety frequencies that have a quota system. This is public information band radio and they basically just look to see what interference is around you from other transmitters and pick the best frequency for you, so there's -- as long as you're a eligible entity, which you have to be an entity that transmits public information, not for commercial purposes, you're entitled to have a license. Commissioner Allen: Yeah. Excuse me. Chairman Sanchez: I'm supportive of the idea. I think that the more information that we provide to all our constituents, the better. However, my only concern here is that, for whatever reason, we can't predict what the federal government under FCC (Federal Communications Commission ) is going to, if for whatever foreseen reasons we are not allowed to obtain a license, then do we have a clause in where we could return and, you know, we don't lose the grant money? Chief Fernandez: What would happen in that case -- Chairman Sanchez: Are there any guarantees that, if we don't get the license, do we have to just keep the equipment or how does it work? Chief Fernandez: No. Just from my procedural knowledge of the entire Urban Area Grant, we would just reprogram into another eligible expenditure -- Commissioner Allen: Right. Chief Fernandez.' -- and that would be it. Chairman Sanchez: But we're not buying the equipment first? Chief Fernandez.: Not -- in the time frame that we're working at, we're going to have the license in our hand before the equipment's ever ready to be installed. Commissioner Allen:: Good, good. Chairman Sanchez.' OK. Commissioner Allen: Mr. Chairman, that's interesting because that's what 1 wanted to know. Chairman Sanchez: That's my concern. Commissioner Allen: 1 didn't want to put the cart before the horse, if you will. Chief Fernandez: Right. Vice Chairman Gonzalez: Right. Commissioner Allen: And having said that, have you guys, by any chance, called Pinellas County, because they are similarly situated? They've used the same -- and did they ever have an issue with the issuance of the license, or just as a reference point? Chief Fernandez: No. From everything that I have found out -- actually, throughout the nation, and from Escambia, Pinellas, the City of Weston, it's more of a formality -- City of Miami Page 11 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: Right. Chief Fernandez: -- and there's no limitations on the license, other than they pick what frequency you're allowed to get. Commissioner Allen: OK. Chairman Sanchez: All right. Is there a motion for PH.1 ? It's a public hearing. We need a motion and a second, and then we'll open up for the public hearing. Is there a motion? Commissioner Regalado: 1 move it. Chairman Sanchez: There's a motion by Commissioner Regalado. Is there a second? Commissioner Allen: Second Chairman Sanchez: Second by Commissioner Allen. Before we deliberate on the Commission, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed and we come back to the Commission for any further discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you so much. Chief Fernandez: Thank you. PH.2 04-01311 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, AND AWARDING A BID TO MCCARTNEY CONSTRUCTION COMPANY, PURSUANT TO SECTION 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROJECT ENTITLED "CITY HALL COMMISSION CHAMBERS LIGHTING, SOUND AND INTERIOR IMPROVEMENTS, B-3285," IN THE TOTAL AMOUNT NOT TO EXCEED $1,155,254; APPROVING AN ADDITIONAL INCREASE IN THE AMOUNT NOT TO EXCEED $3,143.17, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,158, 397.17; ALLOCATING FUNDS FOR SAID CONTRACT AND INCREASES FROM CAPITAL IMPROVEMENT PROJECT NOS. 311037, 311050 AND 311051; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) FOR SAID PURPOSE. City of Miami Page 12 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-01311-exhibitl .pdf 04-01311-exhibit2. pdf 04-01311-e xh i b it3. pd f 04-01311-e xh i b it4. pdf 04-01311-exhibit5. pdf 04-01311-exh i bit6. pdf 04-01311-exh ibit7. pdf 04-01311-exh ibit8. pdf 04-01311-exhibit9.pdf 04-01311-exhibitl 0. pdf 04-01311-exhibitl l .pdf 04-01311-exhibitl 2. pdf 04-01311-exhibitl 3. pdf 04-01311-exhibit 14. pdf 04-01311-exhibitl 5. pdf 04-01311-exhibitl 6.pdf 04-01311-exhibit 17. pdf 04-01311-exhibitl 8. pdf 04-01311-exhibitl 9. pdf 04-01311-exhibit20. pdf 04-01311-exhibit2l .pdf 04-01311-memo.pdf 04-01311-public hearing.pdf 04-01311-resolution.pdf 04-01311-summary form.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Noes: 1 - Commissioner Regalado R-05-0066 Chairman Sanchez: We move on to PH.2, is also a resolution. Mr. City Attorney. Jorge L. Fernandez (City Attorney): What was that, Commissioner, I'm sorry? Commissioner Allen: PH (Public Hearing) -- Chairman Sanchez: PH.2, it's a resolution. Who will be speaking on behalf of PH.2? Mr. Fernandez: Ms. Conway. Commissioner Allen: Right, Ms. Conway. Chairman Sanchez: Madam Director, PH.2, I believe, is yours. State your name for the record. Mary Conway: Yes. Mary Conway, Capital Improvements. PH.2 is being brought before you to rates emergency findings from three years ago that were brought forward by prior administration. This is the -- this is actually just rating decisions that were made previously related to work at City Hall; works been completed. Commissioner Regalado: Excuse me. Is it raging or approving? Commissioner Winton: Well, it's rating -- City of Miami Page 13 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Conway: It's -- Commissioner Winton: -- an action that's already been taken. Ms. Conway: It's rat -- Commissioner Regalado: No, but it's ratifying what we approved or it's rat4ing -- or approving what we didn't approve? Ms. Conway: Jorge, City Attorney, I'm not sure the -- how to answer that. Chairman Sanchez: This is basically ratifying. It states here in the resolution that you're rating -- Mr. Fernandez: Yes. Chairman Sanchez: -- an expenditure, correct? Vice Chairman Gonzalez: Yeah, but -- Commissioner Allen: What are you rating? Vice Chairman Gonzalez: -- Commissioner Regalado has -- you know, his question makes sense because it says, "to rates an emergency finding for implementing the City Hall project; to approve the Award of Contract to McCartney Construction in the amount of (UNINTELLIGIBLE )„ Mr. Fernandez: We -- in other words, we're reconstructing history. This is all things that have taken place. However, upon reviewing how it took place, I deemed that it would be in the City's best interest to close this chapter by having this Commission, at this time, approve, as it were, retroactively taking the proper steps. Commissioner Regalado: Then why it's an emergency? If this is history, you know, we can take time to study. Commissioner Winton: Well, there isn't anything -- Mr. Fernandez: Well, it's -- Commissioner Winton: -- to study because the money's been spent. Mr. Fernandez: Exactly. Commissioner Regalado: No. I mean, you said history. We study history, right? Mr. Fernandez: Reconstructing. Commissioner Regalado: Oh, OK. Well, let's rewrite history. Commissioner Winton: But the real question he has is -- well, 1 don't know the real question he has, but a logical question in this is why we have to call this an emergency because -- Commissioner Regalado: That's the question. City of Miami Page 14 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Winton: -- it is not an emergency. Commissioner Regalado: That's the question. Commissioner Winton: And isn't it called an emergency because that's the way our ordinance is written? Mr. Fernandez: Correct. Joe Arriola (City Manager): Thai's -- Commissioner Winton.' So 1 think what we need to do is work on an ordinance change -- Mr. Arriola: That's what I think. Commissioner Winton: -- because this is not an emergency. We -- and by the way, Commissioner Regalado and Commissioner Sanchez and 1 have ratified many of these in the past . If you remember, when Carlos Gimenez got appointed -- Mr. Arriola: Exactly. Commissioner Winton: -- manager, we ratified stuff that was ten years old, so this isn't a new phenomenon. Commissioner Regalado: But not as an emergency. Mr. Arriola: Yes, it is. Commissioner Winton: Yes, it was always -- Chairman Sanchez: It was always an emergency. Commissioner Winton: -- an emergency because that's the way our dumb -- that's the way our ordinance is written. Mr. Arriola: But I think what we need to do -- and I want to sit with Jorge -- is to change the word "emergency." Commissioner Winton: Yeah. Mr. Arriola: Because something that was put in the books 20 years ago -- Commissioner Winton: And maybe -- Mr. Arriola: -- or whatever, and then everything is called an emergency, which is really not an emergency; it's the procedure. Commissioner Winton: There's a difference between an emergency -- Mr. Arriola: Yes. Commissioner Winton: -- and a ratification of an action -- Mr. Arriola: Yeah. City of Miami Page 15 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Winton: -- that was taken in the past -- Mr. Fernandez: Correct. Commissioner Winton: -- that's already done. Mr. Fernandez: And to the extent that you are rating an action that was passed as an emergency item, then I deemed it appropriate to call this an emergency because you are rating and approving an action that City Manager Gimenez approved as an emergency himself, so this is a little bit convoluted and I agree with the Manager. We need to get together and make sure that our ordinance reads -- Commissioner Winton: Right. Mr. Fernandez: -- more legibly, but this is an appropriate resolution to an outstanding issue that we need to give closure to. Commissioner Winton: Move it. Chairman Sanchez: There's a motion by Commissioner -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Winton, second by Vice Chairman Gonzalez, to approve PH.2, which is a resolution. Any further discussion on the item? If not, all in favor, say "aye." Commissioner Regalado: No. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Regalado: No. Chairman Sanchez: Madam Clerk, one nay. Commissioner Regalado voted against the item. All right. Let's take a 10-minute recess -- Commissioner Allen: Yes. Thank you. Chairman Sanchez: -- and we'll come back, so the meeting stands in recess for 10 to 15 minutes. (INAUDIBLE) informed by the City Clerk that there were two resolutions that were -- one resolution that was not open to the public. Let me first apologize. Madam Clerk, what -- which one was that? Priscilla A. Thompson (City Clerk): That was PH.2. Chairman Sanchez: All right. PH.2, what we will do is, anyone wishing to speak on the item, please step forward. We will listen to your concerns and then we would allow the Commissioner who made the motion and the second to either retract his motion or not, based on the opposition or the support on this item from the public. Sir, you're recognized. Welcome to City Hall. Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue, in Miami. In reference to this item, it's a couple of things. There was a waiver for the requirement of competitive bidding, and this is covered under Capital Improvement Project. OK, now this project would have been covered under the first source hiring agreement. After looking at that first source hiring agreement, it's been on the books for over 20 years, and it's not being -- it's not really being enforced, and I think that with the language that is written, the Private Industry Council had jurisdiction over City of Miami Page 16 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 that particular ordinance, and the way that it's written, it have -- that responsibility have to be passed down to the predecessor, so I think that, in terms of the budget crisis that we're facing in funding various programs and making sure that the residents in the City of Miami are employed on the contracts that are approved by the Commission, I think that we need to revisit that ordinance and make sure that it's being enforced, not really in terms of holding somebody's feet to the fire, but making sure that the employers and the contractors understand the position that we're in and what we're trying to accomplish, in terms of putting people in Miami to work, so I think that we do need to revisit that ordinance because it is 20 years old. Chairman Sanchez: Thank you, sir, and I tend to agree with you on that matter. Let me just state that I think that one of the things that have always been enforced here by this Commission is that we try to work out where we get all the developers or any major project that's coming into our City to comply with that first source because it really implies that we are very pro on finding employment for our residents, so 1 do tend to agree with you. We may have to revisit that ordinance to enforce it to an extreme, so thank you for bringing that to our attention. That opens our public hearing. Is there anyone that's wishing to speak on that item before we close the public hearing? Seeing none, hearing none, the public hearing is closed and I believe that, based on the statement that is made, was the maker of the motion or the second willing to retract their motion? Madam Clerk, who made the motion? Ms. Thompson: It was made by Commissioner Winton and second by Vice Chairman Gonzalez. Chairman Sanchez: All right. Based on the statement made by the gentleman, is there a motion to reconsider that item? Hearing none, the item is not reconsidered. Thank you very much, sir. City of Miami Page 17 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 RESOLUTIONS RE.1 05-00009 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH POINCIANA VILLAGE OF MIAMI, LTD., SAWYER'S WALK, LTD., AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") IN THE CASES STYLED CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/ PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9, BOTH PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE-COUNTY, FLORIDA; SAID SETTLEMENT TO REQUIRE SAWYER'S WALK, LTD. TO PROCEED WITH THE DEVELOPMENT OF THE SAWYER'S WALK PROJECT AND THE BALANCE OF THE POINCIANA VILLAGE PROJECT IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT, AND, IF CERTAIN CONTINGENCIES ARE SATISFIED, RESULT IN SAWYER'S WALK AND THE CRA ENTERING INTO A LONG TERM LEASE WITH RESPECT TO THE SAWYER'S WALK PROJECT AND THE POINCIANA VILLAGE PROJECT IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI ("CITY") AND THE CRA, AT WHICH TIME THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION SHALL BE DISMISSED WITH PREJUDICE, ALL AS MORE PARTICULARLY SET FORTH IN THE SETTLEMENT AGREEMENT; FURTHER PROVIDING THAT, IF THE CONTINGENCIES ARE NOT SATISFIED, THE CITY AND THE CRA SHALL HAVE THE OPTION OF PURSUING THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION OR PAYING $6,500,000 IN FULL SETTLEMENT OF BOTH THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION. 05-00009-exhibits A-H.pdf 05-00009-exhibits I-P.pdf 05-00009-exhibits Q-Z.pdf 05-00009-executive summary,resolution,agreements.pdf 05-00009-resolution. pdf 05-00009-cover memo.pdf 05-00009-Letter.pdf 05-00009-Letter-Rev. Dr. Ralph M. Ross.pdf 05-00009-Letter- Power U Center.pdf 05-00009-Letter-Contractor's Resource Ctr, Inc..pdf 05-00009-Summary Agrmt.pdf 05-00009-Agreement.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0076 Chairman Sanchez: We move on. We're going to go ahead, and 1 believe we're going to table City of Miami Page 18 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 RE. I for the moment, and we'll get back to it later on in the evening -- Commissioner Allen: That's correct. Chairman Sanchez: -- or this afternoon. Yes, sir, Mr. City Attorney. Jorge L. Fernandez (City Attorney): No, no. We'll -- I think we'll be ready to proceed this morning. We just need a few more minutes. Meanwhile, you can start with your P&Z (Planning & Zoning) items. Chairman Sanchez: We move on to PZ.4. Commissioner Allen: Right. Chairman Sanchez: PZ 4 -- Mr. Fernandez: Mr. Chairman, would you like to make an announcement relative to the issue -- Chairman Sanchez: Yes, please. We don't want to -- we want to do everything we can within our powers to not have people sitting here at the Commission waiting for an item, so 1 believe that the City Attorney has some news on, I believe, Crosswinds. Mr. Fernandez: Yes. To the neighbors and residents that have come to listen or participate in the hearing relative to Poinciana Village and Sawyer's Walk, I can represent to you that we have -- a whole team of us lawyers upstairs have been working on minor details of this settlement agreement that would make it literally impossible for us to have a complete, final item for the City Commission to consider. Therefore, I'm asking the Commission to continue this item to this afternoon; first item on the agenda to be considered this afternoon. By that time, we would have all the is dotted, all the is crossed. This is an extremely important document for the City, for the CRA (Community Redevelopment Agency) and for the community, and we believe that we're acting with due diligence, and acting responsibly to make sure that what the City Commission and the CRA consider when they meet on this is accurate and final, so therefore, with a great deal of apologies from the Commission and the Administration, I'm asking, Mr. Chairman, that you continue this item to first item in the afternoon. Chairman Sanchez: Well, Mr. Chairman, with all -- I mean, Mr. City Attorney, with all due respect, I don't want to say the first item at 2:30, just in case things aren't worked out -- Mr. Fernandez: Well, correct. Chairman Sanchez: -- but it will be taken up as quickly as possible. I mean, this item was supposed to be heard this morning. Mr. Fernandez: Correct. Chairman Sanchez: It hasn't been heard, and I don't want to just keep giving times, and having them be sitting around, so it'll be -- as soon as it's resolved, and hopefully, we're looking to come to a -- Mr. Fernandez: When will you reconvene this afternoon, Mr. Chairman? Chairman Sanchez: We'll be back at 2:30. 2:30 we will be back, and at 2:30, if it's taken care of it'll be the first item brought forth on the -- Mr. Fernandez: Correct. City of Miami Page 19 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: -- afternoon agenda. Mr. Fernandez: Correct, and -- Chairman Sanchez: OK. Mr. Fernandez: -- we will be working very hard to make sure. Chairman Sanchez: All right. Once again, we're sorry for the inconvenience, but hopefully, we'll have a good ending to all this. OK. All right. That should conclude all our PZ (Planning & Zoning) items. We should move into Public Hearing I. Commissioner Allen: 1. Priscilla A. Thompson: No, RE.1. Mr. Fernandez: RE.1. Commissioner Allen: RE.1. Chairman Sanchez: Is it RE.1? Commissioner Allen: Yes. Mr. Fernandez: Yes. Chairman Sanchez: I'm sorry. Commissioner Allen: Mr. Chairman. Chairman Sanchez: RE. 1. OK. Are we prepared? Mr. Fernandez: Yes, we are. Chairman Sanchez: OK. Mr. Fernandez: Mr. Chairman, if I may introduce this item to you. Your City Manager and I are very pleased to bring this item to you today. This concludes a very lengthy and protracted litigation between the City and the developer of these parcels. The CRA (Community Redevelopment Agency) is -- also has been a party to this litigation and today, by bringing this settlement proposal to you and according to your good wishes, if it passes, then immediately the CRA would also be convening to consider accepting this agreement. This would bring to an end, as I said, a very lengthy and protracted litigation for the past several years, giving an opportunity to this community to realize its dream and eventually, in very short order, hopefully, seeing some very fine development going up on these lands, so 1 would like to introduce to you Mr. Bloom, from the firm of Holland and Knight, who has represented the CRA and worked very closely with my office in walking through the executive summary that we have prepared, outlining the terms and conditions of the settlement of these lawsuits, and then Mr. Bloom and myself would be available to answer any questions that you may have in this regard. Chairman Sanchez: Mr. Bloom, you're recognized. William Bloom: Yes, sir. As the -- William Bloom, Holland & Knight, 701 Brickell Avenue. This settlement involves the settling of the existing litigation regarding the Poinciana Village City of Miami Page 20 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 property, which is Block 46, and the Sawyer's Walk litigation involving lots -- Blocks 45, 55 and 56. It also involves property which was subject to a litigation between the City of Miami and Miami -Dade County regarding a reverter of title if the blocks were not developed in a timely fashion. The -- in accordance with the terms of the settlement, the proposed development would consist of approximately 1,500 residential units, consisting of apartments, town homes, live/work units, and commercial space; consisting of approximately 75,000 square feet. The price range for the residential units, excluding the live/work units, would be initially between $130, 000 and $ 300, 000. Of the residential units, 20 percent of all the residential units would have to be set aside as affordable housing for the community, giving first preference to residents of Overtown and then residents of the City of Miami. In addition, there is a -- incentives to try to induce former Overtown residents to move back into the community, and former Overtown residents who relocate to the development will be -- will count towards the affordable housing requirement . In addition, 50 subsidized units will be conveyed to the CRA, free of cost, as part of the settlement. These 50 units will be conveyed ultimately by the CRA, or its designee, to people of less -- earning less than 80 percent of the Miami -Dade County mean income, and again, preference will be given to residents of Overtown and former Overtown residents, and then residents of the City of Miami. There are requirements in the documents regarding minority participation in areas of construction, property management, design, and sales and marketing, with goals totaling approximately 51 percent in all of those categories. These are mandatory requirements, with penalties if the goals are not complied with. With respect to affordable housing, it's not a best efforts obligation on the part of the developer, but it's a mandatory obligation, and if the units are not sold as affordable housings, in accordance to the criteria set forth in the agreement, the developer has to pay a penalty to the CRA. The developer is required to develop the property, which is subject to reverter lawsuit, first, before it developed any other portions of the property. Now, the transaction is predicated on the developer being able to get approval from the City of Miami in its governmental capacity for the development. Attached to the agreement is a conceptual design documents for the development. Within 120 days, the developer is to submit to the Executive Director of the CRA detailed design developments detailing all aspects of the project, including the size and location of all the affordable and subsidized houses that are a part of the development. Once the detailed development documents are approved by the Executive Director of the CRA, the -- then the developer can obtain MUSP ( Major Use Special Permit) approval from the City, and again, the MUSP approval -- the application must be consistent with the development plan that's been approved by the CRA, and these are protections that have been built in to ensure that ultimately the development will be consistent with the preliminary development plans that had been submitted as part of the settlement of the litigation. With respect, again, to the affordable housing -- I haven't mentioned it -- there are mandatory penalties if the requirements are not complied with. In addition, there are requirements to provide a First Source Hiring Agreement and Employment Training programs with respect to property management and construction -related jobs. Another aspect of this transaction is the developer will be entitled to receive 100 percent of the tax increment funds generated solely from this development for uses -- for legally permitted uses until the expiration of the CRA in September 30, 2013. This pledge is junior and subordinate to the existing pledge in connection with bond issues previously issued by the City of Miami, and there is provisions that allow the City to and the CRA to refinance existing debt as long as it doesn't exceed certain dollar limitations. To the extent there's challenges to the transaction, the developer bears sole risk of any challenges, and if they aren't dismissed within a certain time frame, either the City or the developer has the right to terminate the agreement, with the developer waiving any claims against this City and the CRA resulting from the termination. I think that -- and then the agreement also is contingent upon obtaining County approvals, as required under the interlocal agreement, and under the settlement with the County regarding the reverter litigation. The way the transaction is set up, there's contingency periods for the developer to get all these approvals and if they get all these approvals, they've satisfied the Executive Director of the CRA that they have the approvals in place, that they have the financing in place for the first phase of the project, they have a plan to meet the Minority Participation Program, they have a plan in place to ident all the affordable housing in that first phase, and they've been able to establish they City of Miami Page 21 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 have a loan and equity to commence the first stage. Then, at that point, there'll be a lease entered into between the CRA and the developer to proceed with the development. If the developer does not satisfy those requirements, the CRA has the right to terminate the agreement. If the agreement is terminated, the CRA and the City will have the right to settle the existing litigation with Poinciana Village and Sawyer's Walk by making a settlement payments totaling $ 6,500,000 or, in the alternative, the parties can proceed with the litigation without waiving any rights as a result of the settlement agreement. Again, I want to reaffirm the number of units, the maximum number is approximately 1,050 units. Any questions? Chairman Sanchez: Before we open it for questions from the Commissioners or any debate, why don't we open up the public hearing aspect of it, so all those that will be speaking on this item, please sign up with the Clerk's Office to have on the record, and then just come on up and state your name for the record, and what we'll do is, we'll give all sides -- both sides equal time, which will be two minutes, OK Both sides will have two minutes. Priscilla A. Thompson (City Clerk): You want them on both mics? Chairman Sanchez: Yeah. Commissioner Regalado: Yes. Commissioner Winton: Yes, both mics. Chairman Sanchez: It's perfect. It's perfect. 1 believe the Mayor -- Commissioner Allen: Mr. Chairman -- yes. Chairman Sanchez: -- would like to address the Commission. Mr. Mayor, always a pleasure to have you here, sir. Mayor Manuel Diaz: Thank you, Mr. Chairman. I just wanted to make a brief statement before you get started with the rest of the testimony. As all of you know, I had been working for quite some time on this settlement, and I think it's important to put first some facts into historical perspective. The neighborhood of Overtown had its peak number of residents in 1960, when it had 33,000 residents. Today, the population of Overtown is somewhere between 6 and 7,000. In terms of its businesses, it peaked in about 1950, when there were almost 400 businesses there. Today, there are less than 40. Its home ownership rates peaked in 1950 when it was about 12 percent. Today, it is less than 4 percent, with a third of the residents or more living in public housing or government subsidized housing. Expressways and urban renewal displaced 12,000 people; another 5,000 moved out during the '60s for different reasons. All of us know and all of us are proud of the fact that our City today is as hot a city as any other city in this country. We know that we have at least, if not more than, $20, 000, 000, 000 worth of major projects under construction in the City or in the pipeline, and we also know that the spirit of renewal has not been confined to any one area in particular. It has been our commitment and our promise to leave no neighborhood behind, and that all of our neighborhoods share in the prosperity that we have in the City of Miami today, and all of you also know, as we've indicated before, that this is, in fact, happening, and that, in fact, last year, over 80 percent of the permits for projects in the City of Miami were issued for projects outside of the urban core, but we also know that Overtown has been and continues to be the hole in the doughnut. Study after study after study, and millions and millions of public dollars have been invested in the neighborhood with little or nothing to show, and we also know that surrounding neighborhoods in downtown, Park West, Allapattah, Omni, Wynwood, Civic Center, you name it, they're all thriving or beginning to thrive, so today, as you consider this settlement, consider the fact that we will be injecting $200, 000,000 worth of long-awaited private investment to bring back this historic and once vibrant area decimated by the interstates and by urban renewal. Just in this project alone, the Ciry of Miami Page 22 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 population of Overtown could grow by approximately 30 percent. Just in this project alone, the home ownership rate will grow by over 20 percent. Just in this neighborhood You also will have the ability, down the road, to make some decisions with respect to other blocks surrounding this project. The Collins Center has invested the monies in the neighborhood with scattered sites that can been developed. St. Johns, St. Agnes, the 40 parcels that you'll be considering at the beginning of February. There are a number of other economic engines that are beginning to take hold in the neighborhood, and so I really want to thank, first of all, Commissioner Winton, who this Commission appointed a year and a half or two years ago -- who remembers? -- to lead the negotiations on behalf of the Commission for the work that he's done. Commissioner Allen, who, since he got in office, has been a tremendous help and a tremendous advocate for the neighborhood and for this deal, and I want to thank all the rest of you because throughout this process, we've had a dialogue back and forth as this deal has developed, and finally, I want to thank the administration and congratulate it on its two-year anniversary for all the work that everyone in the administration has done, the CRA, the lawyers who are obviously making a lot of money on this deal, and I also want to thank two other people in particular. One is Commissioner Barbara Carey -Schuler from the County, and Commissioner Dorrin Rolle from the County, both of whom have been really outstanding partners for the City of Miami in this project and in so many other projects that they have supported through the course of last year. 1 truly believe that this project will serve as an engine for the creation ofjobs and economic opportunity for current and future residents of Overtown. This project will serve to re -energize the Lyric Theater and to once again return the neighborhood to its prior glory as a Mecca for entertainment and culture, and this project will serve as an opportunity for the heirs of those who built Overtown to return and rebuild the neighborhood their parents and their grandparents were once proud to call home. 1 am prepared to continue to work with Commissioner Allen, neighborhood groups, community development organizations, and of course, our faith -based community to make all of this happen. That is why I ask for your support of this settlement, and I also want to put on the record that I will be waiving my veto rights with respect to, hopefully, your approval today. I want to close off with a quote that I used when referring to this project at my last State of the City, and that is a quote from Booker T. Washington when he said, "There are two ways of exerting one's strength: One is pushing down and the other is pulling up." With our approval of this settlement agreement today, we will all pull this neighborhood up to its rightful place once again. Thank you. Commissioner Allen: Thank you. Mr. Chairman -- Chairman Sanchez: Thank you, Mr. Mayor. Commissioner Allen: Mr. Chairman, before -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: -- the Mayor steps away from the podium. Mr. Mayor, if you will, please. I'd just like you -- just want to make a quick comment that I personally want to thank you because this has clearly been a labor of love for you. It truly has been, and I must tell you, I've admired you throughout this entire process. We share the same vision. We want to bring about prosperity throughout all of the City of Miami and, particularly, District 5, and to that end, I want to thank you personally in that direction. Thank you. Mayor Diaz: Thank you, Commissioner. (Applause) Chairman Sanchez: Unfortunately, we do not allow that here. You're going to have to save it for the Heat game. All right, we'll go ahead and start with the public hearing. Ma'am, state your name for the record, and you have two minutes. City of Miami Page 23 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Elsie Hamler: Good afternoon, Mr. Chairman, Commissioners, Mr. Manager, and Mr. Attorney. I am Elsie Hamler, president and CEO (Chief Executive Officer) of Contractors Resource Center, located at 1730 Biscayne Boulevard. The CRC (Contractors Resource Center) provides services to support the stability and growth of small and minority contractors. We have particular skills and a successful history with contractors, black contractors, in particular. On this past Saturday, a proposed settlement agreement was distributed at Commissioner Allen's town hall meeting. One provision titled "Construction Employment Training Program, "states the intent of the developer to coordinate a job creation and training program. Mr. Chairman, I am in total support of training. However, we have enough training programs serving our community. We, at the CRC, have a list of qualified contractors, a database of over 700 in total across South Florida, who have trained workers ready to work. The problem's that these contractors do not have enough construction jobs and contracts. Mr. Chairman and members, we are ready, will and able to provide training, workers and qualified contractors. We request that you amend this resolution and the settlement agreement, as well as the contract with the developer, to add provisions that utilize the CRC in monitoring the developer's job training and subcontracting implementation of this Overtown project. Without such specific directions by you, our representatives, the community will again feel that we have received more empty promises. We offer our help and skills, but we are relying on your wisdom. Thank you, and I would like to put this on the record. Chairman Sanchez: Yes, ma'am. Could you please turn it in to the Clerk for the record? Yes, sir. Grady Muhammad: Good afternoon, Mr. Chair. Grady Muhammad, Grady Muhammad & Associates, 1730 Biscayne Boulevard. I'm chairman also of the Community to Stop the Violence (UNINTELLIGIBLE) Overtown. I'd like to read a letter into the record. The Clerkers [sic] have it. To the Chairman and all Commissioners: I am here as one who loves Overtown ( UNINTELLIGIBLE) towner for life, and has seen and heard from many of my elders that has been done to destroy Overtown under the banner of redeveloping it. While I'm suspicious, I do not have specific objection to any developer who comes in to redevelop Overtown by working with those -- of those who are real -- have real stakeholders in what happens. We will be there even after the developers have returned to their out-of-state homes, if we could still afford to live there. My major concern today is that if you will be empowering one developer to become the master of all that happens in Overtown's future. Crosswind gave out a brochure at Commissioner Allen's town hall meeting last Saturday and it included the other land, beyond what you're bringing them today, in its proposal to the CRA's request for proposal for Block 36. Crosswind specifically referred to receiving this property from you. This appears to be another secret deal and land grab. Unless Crosswinds or this Commission, by amending your resolution, limits Crosswinds to developing what you're granting them today, until that development is completed and occupied with end users, not speculators, flippers or investors, with end users. If Crosswind is committed to being a partner with the residents of Overtown about its intentions, they should clearly state that it will not attempt to acquire any more land to develop in Overtown until it completes what it's receiving. The residents of Overtown are not like the Native Americans, who had their land and way of life taken away from them because of a more powerful groups view of what is progress to them. You cannot just rent some black people, but involve people who live and work there now. We will watch this process closely for what it does for those of us who are involved in Overtown now, but more importantly, Commissioners, to reiterate what Ms. Hamler said, unless monitoring contract opportunities are given to the residents to be able to afford these units, contracting opportunities are given to the contractors to employ those residents, it can be in the record, unless there is an agreement, whether it's a PSA (Public Service Aide) or something else that literally binds the developer, again, it's broken promises. We need something ironclad. Thank you, Commissioners. Chairman Sanchez: Thank you, Mr. Muhammad. Reverend. City of Miami Page 24 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Richard Dunn: Richard Dunn, 1895 Northwest 57th Street. Want to address the Chairman and the Commissioners, the Mayor and the Manager. I am neither here for or against Crosswinds' project because, technically, I do not live in the Overtown area at this present moment. However, I lived in the Overtown area. My parents, my mother and father lived in Overtown. My grandparents lived in Overtown. My great grandmother lived in Overtown. As our illustrious Mayor indicated earlier, there was a time when Overtown, as many of us know, was a thriving community, but there was something by the name of "urban renewal, " which really was urban removal, and it forced many of the self-contained community that once thrived to move out . 1 have several fears. I heard the gentleman mention about 50 units would be set aside, designated for those persons, and really, when you say 50 units out of 1, 050, that's peanuts, peanuts. Too often, black folk are treated and given peanuts. I would urge, I would urge this Commission to go back to the drawing board. 50 out of 1,050? $200, 000, 000 project? Who's going to benefit? 30 percent? By whom, minority participation? Who's going to be involved, one or two people? I don't care who signs off. Who care what title they hold, what position they hold, what political office they hold? What about the least among us, those folk in Overtown who have no voice? That's all I'm saying. Be fair, be fair. I'm not for it or against it because 1 don't live there, but -- Chairman Sanchez: Thank you. Reverend Dunn: -- too often, too often, too often, too often black folk are supposed to get peanuts -- yes, Commissioner Winton, they are -- and we're supposed to smile about it. Well, I tell you what, two people will be watching: This community will be watching and there's still someone that sits high and looks low and He will be watching, too. Thank you. (Applause) Chairman Sanchez: OK. You're not supposed to be doing that, all right. Sir, please state your name for the record. Philip Bacon: Mr. Chairman, my name is Philip Bacon and I'm the executive director of the Overtown Civic Partnership and Design Center, which is an initiative of the Collins Center for public policy, funded by the John S. and James L. Knight Foundation. Over the last two years, we have worked with various community groups, as well as the developer to develop a concept that was consistent with what we felt the community desired and needed, economically, at this point in time, and today 1 want to make just three quick points. The first point is one of economic development point. I'd like to commend this Mayor and this Commission for bringing this item forward because it will be the catalyst of what we think will be a major renaissance of the Overtown community. We count -- if we take into consideration the Crosswinds project, Block 36, the Folklife Village, Solomon Yukon, the land trust pads, which are something that we own, and the commercial pads, along with the Lyric Theater, we're talking within a one square mile area, just under $400, 000, 000 in new development that can potentially come to Overtown within the next 36 months. In addition to that, in terms of affordability, if we look at all of the units that are being created with those projects that we're talking now, we count some 1,828 new units; of which, 978 of those units would be affordable. That is to say, existing somewhere between 80 and 120 percent of median. That would be 54 percent of the total number of units that this City is creating in this particular area at this time. The terms ofjobs, we see that there are potentially 600 jobs that would be created by the construction of these various projects, with 160 new and permanent jobs, so from an economic development standpoint, we think that this project will be catalytic to a major overhaul of an area that has suffered for too many years. The second point that I'd like to make is that as a land owner. I repre -- I'm also the general manager of the South Florida Regional Land Trust, which has bought a few properties in the targeted area. We think that this particular project and its accompanying MUSP will tend to rationalize land values in Overtown. It will rationalize the Zoning Code so that the previous speculation that has been City of Miami Page 25 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 going around will dampen, and that land owners and developers can get on with the business of developing affordable projects within Overtown. We think that is a benefit also. The third point that I would like to make is simply that we're here -- and we think that this project will be catalytic to protecting, not only the property rights, but protecting the quality of life of residents who currently live in Overtown. Overtown residents, those people -- the people who live in res -- in Overtown today have a right to fresh food, they have a right to services, like in any other neighborhood, and we see that this renaissance that the City has brought about will tend to balance the economic or the economy of Overtown, so not only do we bring bodies into Overtown, but it will create a demand for services that will improve the quality of life for existing Overtown residents, as we stand, and I'm talking about the 8,000 people that are already there, and as far as I know, this particular project does not displace one person, and it is only one project of many projects that need to happen in Overtown, and we'd like everybody to keep that in context, but certainly, it is a monumental start for this neighborhood that's been so sorely neglected. Thank you very much. Chairman Sanchez: Thank you, sir. Commissioner Allen: Thank you. Thank you, sir. Charles Elsesser: Mr. Chair, members of the Commission. My name is Charles Elsesser. I'm an attorney with Florida Legal Services, at 3000 Biscayne Boulevard. I've not had a chance to see the final settlement, but 1 saw a draft of it and I've got -- I came here today to express several concerns with that draft. First of all, several of these properties -- several of these blocks, back when they were first purchased, were purchased with federal money, transportation money and Community Development Block Grant money. That imposes certain conditions on this property, and the delay of 30 years does not vitiate those requirements. Those conditions, if they're -- if it's federal property, have not been fulfilled or incorporated into this settlement agreement. If it was Community Development Block Grant money -- and my limited research indicates that it might have been -- then there's a whole set of community participation requirements for this settlement that have not been fulfilled. With respect to the substance of the settlement agreement, the 120 percent -- the affordable housing units, first of all, that are at 120 percent of median, 1 just want everybody to understand that for a couple with one child, 120 percent of median is over 50 -- approximately $53, 000. Now, that's -- people that need housing help, but it's not assisting people that are living in Overtown now. Secondly, there's nothing in this agreement that requires the developer to subsidize that property. He merely has to make sure that people that meet those income requirements are living in it. What it encourages him to do is to go out and use your SHIP (State Housing Initiatives Partnership) money, your HOME (Home Investment Partnership Program) money, which would be used somewhere else in the City to sub -- to help those people to live in those units. It's quite possible, if he's success -- if the developer is successful in doing that, that this project produces not a single additional affordable housing unit, but merely steals them from some place else by using the SHIP and the HOME money, and the final thing is that the C -- that the -- this settlement agreement provides that the additional tax that this development raises is taxed by the CRA, comes to the CRA, but is then given back to the developer to be used, not to be decided by the CRA or by the people of Overtown, but by the developer to be used. I think, for all these reasons, you should take another look at this settlement. You can do better than this settlement. Thank you. Chairman Sanchez: Thank you. Sir. Del Bryan: Mr. Chairman, Commissioners, thank you. My name is Del Bryan. I live at 201 Northwest 7th Street, in Poinciana, which is part of this entire project. Like 63 other -- well, 62 other because the Sawyers do have, you know, double units -- we moved there several years ago, buying into a vision that the City said, "Come back. This is going to be an ongoing project" We came and we have been basically left abandoned, you know, to drift in the sea. Today, we skip the things that happened in between. We are very encouraged that there is an agreement with a City of Miami Page 26 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 developer of substance and ability and a proven track record to do this, and we certainly endorse and wish that this would go forward, and my other hat, I'm also, as the newspaper have accused me of being an activist in Overtown -- I don't quite know what that means, but in the broader sense, I think this is an opportunity, and the objections that we hear quite likely are more objections of fear, fear of being left out, and that is exactly what will happen if we don't put certain things into place. As an activist or community -responsible person, myself and those of us have spoken about how can we help our neighbors and others who look like us who would like to participate? That comes from uplifting the entire boat so that they have an opportunity to get there. There are several things that we can reach out to, and workforce is one of the entities that we will certainly be tapping into with (UNINTELLIGIBLE) idea, and I wanted Michael to speak but, you know, he's not going to do so, understandably, but the positive things is what I'd like to focus on because by getting these persons trained, who wish to participate, getting them into better jobs. The first house will probably not be ready before a year, year and a half, at least, then it makes it possible for them to be included, and that is a commitment that I make to you, as an individual, that we will work on because that is the missing link to remove the fear and make them participants of -- bring them the tools to become participants. We'll also be looking to Commissioner Allen for leadership in this and participation and possibly hard dollars from the City because you need to put your mouth and your money in the same place, so we will need some assistance in getting that done. We personally don't have the resources in our back pockets to do so, but -- OK. Chairman Sanchez: Thank you so much. Mr. Bryan: Thank you very much, sir. Chairman Sanchez: Appreciate it. Thank you. Commissioner Allen: Mr. Chairman. Before you leave the podium, Del, is there someone you need to -- would like to introduce? Mr. Bryan: Well, I didn't ask Mike to talk, but (INAUDIBLE) -- he's not -- Chairman Sanchez: Well, we -- you can't -- we can't do that. Mr. Bryan: Yes, my understanding, he's not. Commissioner Allen: Right. Chairman Sanchez: See, everything has to be on the record here. Mr. Bryan: Yes. Chairman Sanchez: All right. Thank you so much. Mr. Bryan: Thank you. Chairman Sanchez: Ma'am. Mirene Charles: Thank you. Commissioners, members, my name is Mirene Charles. I'm with the Power U Center for Social Change, at 212 Northeast 24th Street. Power U is an organization that fights for social and environmental justice, and particularly, we fight against environmental racism. Our membership includes members who live in Overtown primarily, and we are focusing on the current development going on in Overtown as one of our main projects, and I would like to read a letter that we've already prepared that was sent to the Commissioners, but we would like to put it in the record. Number one, we're objecting to this Crosswinds project City of Miami Page 27 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 because of the environmental and structural racism that it represents. The project and its development are examples of a systematic failure to address the needs of a community of color, Overtown, that has historically faced racism and discrimination and continues to be locked out of the circles of power, where the decisions are being made. Right now, there is a major development boom going on in the City of Miami and while we agree there is development needed in Overtown, the people who live in Overtown must be part of that process, and were completely excluded from this Crosswinds project. In addition, there's minimal community benefit from this project, since it indicates no real community benefits in terms of jobs and social services. There's absolutely no guarantee that this project is going to directly impact Overtown residents in a positive way. There's also not enough affordable housing or rental units in this project. The median income from the 2000 Census for residents of Overtown was 15,000 per family -- 17, 000 for families, 15, 000 for household. How is a family making $17, 000 a year going to be able to afford a $130,000 home in this development project? Those numbers do not make any sense. In addition, it doesn't represent development that is effective for the current residents. The prior gentleman and the Mayor spoke about job creation, but 160 jobs is not going to affect residents of Overtown when the rates ofjob -- unemployment are so high. In addition, there's a problem with major displacement as a result of this project. Most likely, the housing prices and property values are going to go up due to the development, and low income people currently living there are going to have to move out. Chairman Sanchez: Thank -- Ms. Charles: There's also been no effective accountability regarding the developer. Why would the developer want to build these allegedly affordable units when there's only a $20, 000 fine if he doesn't build them? It would make more sense for him simply not to build those and just sell them at market rate and pay you the $20, 000 fine. We also object to the lack of a fair public bidding process for these properties. The Crosswinds Development Company was the only one that was considered for this project. Why hasn't it been opened up for others to bid as well? There are other CDCs (Community Development Corporations), such as the St. Agnes Community Development that's going on that is much more responsible development for Overtown. Commissioners, we just urge you to not vote on behalf of this project, as it stands now, and allow Power U, as well as other members of the community, to have their input as well, and make it a project that will actually benefit the members of Overtown, and 1 would like to -- Chairman Sanchez: Thank you. Ms. Charles: -- turn one in for the record. Chairman Sanchez: Thank you, ma'am. Sir. Joseph Rebak: Thank you. Mr. Chairman, Members of the Commission, my name is Joseph Rebak. I have offices at 1441 Brickell Avenue. I'm here on behalf of Broward Yachts, doing business as Miami Arena, the developer of the Miami Arena site, which recently purchased from the City. Miami Arena is directly affected by this settlement agreement and is opposed to the settlement. The settlement agreement that has been reached is not been properly noticed, has not been properly considered, and is not in the best interest of the City or of the community. Simply stated, as many people have said here today, you can do a whole lot better. We tried to get a copy of this settlement agreement last night. We weren't able to do so because the settlement agreement wasn't done. We heard today, at 11:30 today, that the settlement agreement wasn't done. There's no way that this Commission can say that they have properly considered this settlement agreement, and -- offtfty--plus pages, plus the voluminous exhibits and everything else, when it was distributed to you just as you were sitting down to consider this item today on the agenda. This settlement agreement has been rushed through and it cannot stand the light of day. Moving forward with this settlement agreement will spawn extensive litigation and delay. Miami Arena is telling the City, right here, right now, that it will take the deal that's City of Miami Page 28 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 on the table and will better it, better it by $3, 000, 000, period, end of story. That's a better deal than the deal that's in front of you right now. On that basis alone, you're not getting fair market value for this property. You're not getting the best that you can do on this property. The deal will be better for the City by at least $3, 000, 000 because Miami, as you know, just as they did in the Miami Arena project, this entity will come in and better the deal by $3, 000, 000 and act as a stalking horse so if somebody else wants to come in and offer more money, that's only an opportunity to increase the price that you obtain for this property by more. Further, the amount of affordable housing that will be provided under Miami Arena, they are committed to provide, not 20 percent as you've heard from this Crosswinds proposal, but 33 percent. One third of the housing in this will be affordable housing, which is far better for the residents of Overtown and for the City. This would make tremendous economic sense for the City, for the community where you avoid extensive litigation. The legal basis upon which you're proceeding is flawed This is called a settlement agreement, but what this is is a disposition of property. You have an original RFP (Request for Proposals) where you had two RFPs that went out, you had two successful bidders, and now -- on two different developments -- now, the City is bringing in a third party, the Crosswinds party, who's never been approved by anyone on an RFP, on these projects, and they're going to increase the scope of the development in that which was permitted under the original RFP, and they have not -- we've totally ignored the RFP process. This doesn't pass any smell test, and certainly doesn't pass the legal challenges that will be lodged against it. We got a disposition of property, and you're governed under Section 29B of the City Charter, which prohibits you from favorably considering any sell or lease of City owned property unless the sell is advertised and the City gets at least three written proposals received from perspective purchasers or lessees. The scope of the development, as we said, exceeds that which was permitted under the original RFP. Crosswinds is coming into development, rather than the original bidders, as 1 noticed by -- when we talked to -- go through the draft, we find out at about page 42 how the structure of the assignment of the partnership works, which, you know, nobody in the public certainly has had a chance to consider any of this stuff, and it's insufficient notice, under your own Charter and the under the rules of Florida Rules. Now, any action taken in response to an improper notice is void ab initio. Chairman Sanchez: Sir, you've -- Mr. Rebak: So, the fact is, you've got a choice right now. You can go forward and take this and, you know, get the litigation, run the risk of taking this on something that is void or you can put it out for bid 30 days; you're guaranteed to increase the amount of affordable housing; you're guaranteed to increase the amount you're going to get by at least $3, 000, 000, and to me, that's no choice. That's an easy choice and one that clearly should be made. Commissioner Winton: Is this -- is the two -minute -- Chairman Sanchez: Thank you. Commissioner Winton: -- rule in effect, Mr. Chairman? Chairman Sanchez: Well, let me -- it's -- you know, it's so hard to give an attorney two minutes to talk -- Mr. Rebak: I try. Chairman Sanchez: -- but, you know, we extended your -- thank you so much. Mr. Rebak: I appreciate that. Chairman Sanchez: Appreciate it. Ma'am, we're going to afford you the same opportunity, OK? We're not going to put a limit to your time. If he got six minutes, you could have -- City of Miami Page 29 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Bernice Sawyer: 1 hope I'll be brief enough. Can you hear me? Chairman Sanchez: No. Yes, ma'am. Ma'am, try to limit it to two minutes, if possible, please. Ms. Sawyer: Hello. I am Bernice Sawyer and we have been suffering for years and years and years, and to the gentleman that is speaking now, 1 would like to say, where were you when you were needed? And these people -- the Commissioners that we have now are interested in trying to help us see the light. We've suffered. I've suffered. My husband is brokenhearted and he isn't going to be here very much longer, but 1 came today because we have suffered. Chairman Sanchez: Thank you, ma'am. Sir, state your name for the record. Darrick Rudolph: My name is Darrick Rudolph. I reside reside at 225 Northwest 27 -- 22nd Street. I'm a Overtown resident and also that I'm a parent and a Overtown Optimist member. I hear a lot in the chamber and I hear a lot of people talking about -- it's about money, to me, and the only way I feel as though by being a product of Overtown and hearing so many different promises, where I see that my people could feel it, and it's pertaining to jobs and training, and 1 only ask the -- I ask our Commissioner Allen that we make sure that if y'all do approve this, that the training -- the information pertaining to training, where you go at, and who going to be doing it, so that we can know, so we could go ahead -- like my club, I have fathers that participate with the kids that don't have jobs, you know, and they willing to work and they ready to work, but I know, as a fact, that by me being a construction worker, part of Local 272, I know that, yeah, you could just get a developer and say, yeah, they gone try harder, it's minority or blah, blah, blah, this and that, but when it come down to making -- meeting those deadlines, getting those projects done at a certain time so that they could benefit in they pocket, they don't - - they ain't fixing to hire no person that is not skilled, so on a training behalf, that I ask that you come into the community and you get people that know the people that's in the community -- Mr. McKnight, that's always around, you know, that's there -- that you get those type of people that's on board that you can really get those who you be saying they're taking the property value down by hanging on the corners or doing this and that wrong. Yeah, you can get those type of people. Get them in the training that you say that you gone really going to do, and if that's true, yeah, we will benefit and it would help us, but -- please, please. We been hurting for a long time. That's why, when y'all be trying to say why we don't do the best for us, we don't do it because y'all tell us a lot of things. It go in one ear and it come out the other -- Chairman Sanchez: Thank you. Mr. Rudolph: -- because we see it in reality, that it ain't being done. Thank you. Chairman Sanchez: Ma'am. Beatrice Gilbert: Beatrice Gilbert, 275 Northwest loth Street. I'm just going to say that we do want to see Overtown beautiful We don't disagree with the development, but besides the people who are being paid off, obviously, and those who are just trying to get their business cuts, the rest of the community is being left out of this process and we deserve to be included into it. When a deal doesn't include everyone or benefit everyone, the City -- except for the City and the developers, it should be reevaluated and inclusive to the community. That's all we want, to be included in this development process and this settlement process because we want to make it good, too. You know, I've been a resident here. I grew up in town, and I'm not planning on leaving for anybody else, neither is the rest of my family. We want to be included in this process, and we want to make it good for everybody. We want it to benefit everyone, not just the developers and the City. Chairman Sanchez: Thank you. Sir. City of Miami Page 30 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Rene Garcia: My name is Rene Garcia. I'm here as a concerned citizen today over the Overtown matter. My personal view is the attempts to halt or delay assistance for Overtown really seem to be segregating them from the rest of the economical development in South Florida, and it really seems to be unjust, but today, whatever God's will may be, it shall be, but please keep in mind that Overtown has a really incredible history, full of strength, prosperity, and great hope, and I think they should be given the opportunity to prove it. Thank you. Chairman Sanchez: Thank you. Ma'am. Amie Jackson: My name is Amie Jackson. I'm a Overtown resident. My address is 1805 Northwest 2nd Court. I really didn't have anything to say until I was sitting here listening to Manny Diaz, you know, speak and, you know, saying that Overtown was "the hole in the doughnut," which I think is a stepping stone for him and everybody else in this room, and it was an insult and I really didn't appreciate it, but at the same time, you know, Overtown is being left out. You know, we have, what -- you said before it's 6,000 residents or more there, and you're only offering 50 units. What is 50 units? Whatever. You know, who's going to benefit? And it's not even guaranteed to the residents in Overtown, so you know, I have to just say, you need to look out for the residents that's there and, you know, realize that we are here and we're not going anywhere for a long time, so you know, like I said before, you know, act like we exist. We are there. You know, do something that benefits the community instead of letting outsiders come in and take over. You know, y'all say Overtown has been holding the City back, but it's a stepping stone for people that has money or whatever. You're benefiting profit over the small people, so you know, I think that you should look at the Overtown residents and help them, and let them benefit for once. Thank you. Chairman Sanchez: Thank you. Ma'am. Vera Gilford: Hi. Commissioners, my name is Vera Gilford. I'm an attorney. I have owned or lived in property in Overtown at 411 Northwest 6th Street for over 23 years, and during that period of time, I have seen the community remain stagnant. I believe that the settlement would be in furtherance of promoting economic development in the community and it would bring further economic development in the community, and I would just like to note that 1 am in favor of it. Eddie Dean: My name is Eddie Dean, 820 Northwest 67th Street. To the Chairman of the Commission and to the rest of the board of Commission, I would like to say, I didn't prepare a speech or anything like that. I just wanted to speak from the heart for a minute, and when 1 was a young man growing up, you know, we used to walk through the streets of Liberty City, Overtown, and then sometimes we used to get a chance to take trips to other neighborhood, and us, as kids, we used to wonder. We used to always said, "Man, that's my house. 1 want the opportunity to have something like that." Why aren't they doing these type of things in our neighborhood? It is time out for us. This is our opportunity to take advantage of something that's great for our neighborhood, so it could give young mens [sic], new kids hope in their own neighborhood, so they're able to come back and live in that neighborhood. You know, it's time to take --1 used to hear my mother say it when I was just a young man, and 1 finally see it happening in my lifetime. It is time to bring the other side of town to Overtown, and that's all I wanted to say. I'm not talking about economic development or anything like that. Let's make Overtown look like the rest of the City of Miami, and that's all 1 have to say. Chairman Sanchez: Sir. Willie Williams.: Good evening, Commissioners. My name is Willie Williams, 1133 Northwest 3 rd Avenue, Just Right Barber Shop. Been a -- my family been a business owner in the community for over 55 years. I've been there for 23 years myself, and what I have seen and experienced in Overtown has been very, very saddened, but I hung in there because 1 had hope and 1 had City of Miami Page 31 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 ambitious to see young people, that 1 once was, get inspiration from me to be the best that they can be, and I'm here to let you know that I'm for progress. I'm for progress because I want to see a different, a change in Overtown, but as everyone have said earlier today, I would like to see the people in Overtown included, as well. I don't want them -- their dreams to be shattered. You know, I had opportunity when I was younger to see a theater across the street from where I'm working at now, the business that 1 own. I was able to go to that same theater, the Morton Theater. Every Saturday we was going over there to see three -- two movies and a cartoon, but now things began to disappear. 1 didn't understand it. 1 was young, coming up. Did not understand why things was disappearing, things was closing down; people was getting thinner. You know, the community was getting thinner and chaos just moved in. We need a change. We need a change for the better, and I'm asking that we make sure, make sure that the people in Overtown is included, businesses is included, that we'll be able to strive and continue to give our young people the hope that they deserve. Thank you. Chairman Sanchez: Sir. Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue, founder of the Veterans Employment Transition Service. I'm concerned about a couple of things. In terms -- we've really dropped the ball on a lot of things in terms of development within this community. I've been living in Overtown for 28 years, and 1 was born and raised in this community. I even walked the streets during the 1980 riots as a member of the Mayor's Crisis Response Team to serve as a buffer between the community and the police force to keep down injuries and to bring the violence under arrest, and when I was educated here, I started to leave just like everybody else, but 1 said, no, I'm going to stay in this community because 1 was born here and we're going to see what's up . We're going to make some changes, and I've watched this community deteriorate. I've watched a lot of promises made to this community, even as a result of the 1980 federal gov -- federal task force that was done as a result of the riots. They found some specific things and they came up with specific guidelines and criteria in order to bring the black community into the mainstream of the economy, and the only thing that we saw that was done was a lot of black men was taken off to jail, a lot of women were really disenfranchised by being left to have to raise families by themselves, and the community was totally just disassembled, and now we're on the verge of -- well, we really been going through an exodus. Now, there are new people that's coming in that's actually claiming what was the historic black community. My only concern right now is that, as I go in the streets -- and with the job that 1 do working in the public, we have a lot of young men in this community that have good ideas. We have a lot of tremendous resources in our black community, and I think that it's a disservice to this City and to this entire government to totally ignore that, and we have to come up with positive programs, with entrepreneur programs because a lot of -- we have a lot of young talent out there, we have a lot of young artists, and because they don't have the opportunity, they have predators coming in and taking advantage of them, and this City has been opened up to predatory practices toward the black community for over the past 40 years, and 1 think that now, since we are moving into the right direction; now, since we are moving into the future, 1 think that we have to come together as one community because by serving in the military -- and I volunteered to go to Vietnam -- Chairman Sanchez: Thank you. Mr. Cutler: -- it was all for one and one for all, and I think now it's time for us to stand together. Now that we have business together, we have the politicians together, we've got the community together, I think that this whole process with the settlement is good, and it's good to see that the way it's paved for the future, but I think that we do have to come together with a comprehensive plan and I do think that we need to identify the new businesses that's coming in because just putting somebody in a house that they're not going to be able to afford, that's not going to be able to solve the problem either, so we really need to start talking to the markets that's coming in City of Miami Page 32 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: Thank you. Mr. Cutler.' We need to start preparing the workforce because we're talking about four or five years down the road. Let get ready for it. Chairman Sanchez: Thank you. Mel Reeves: Good afternoon. My name is Mel Reeves. I work with the Human Services Coalition, which is located 5560 Northeast 17th Terrace. I find it ironic today that pretty soon, the U.S. Government is talking about bringing democracy to Iraq, when it appears to me that there's none in Overtown, and 1'1l tell you what 1 mean. The young lady was right to be offended and insulted by what the Mayor said, to call Overtown the "hole in the doughnut" as if it's not there, and that's what this whole thing seems to be about. Nobody's talked to people in Overtown. The Mayor did not come to the meeting on Saturday, and nobody here can tell me that I'm not telling the truth. He wasn't there on Saturday. He's not been there the week before that or before that. He didn't present a plan to anybody in Overtown. There was no meeting in Overtown where people said, "Look it, what would you like to see developed on the edge of your neighborhood?" It didn't happen. Sure, there were meetings, but there were meetings in which basically people threw stuff out and they gave you three minutes to kind of say what you thought, but that's not Democratic, not as far as 1 understand democracy. In democracy, everybody gets together, puts their heads together, and we have a vote on it and the majority wins, but that's not what has happened here, so Overtown must be the hole in the doughnut. If Overtown was really considered in this, the housing split in what we're looking at would be 50/50 because if we're talking people in Overtown, they wouldn't exclude themselves. They wouldn't have the housing -- the affordable housing be at a rate of 1 think I saw 40,000 to 60,000. That's not affordable, folks . There's some dishonesty going on. Who's that affordable among? Let's face it, the majority of the people are raising people by themselves. People in this city, who work in our school system, administrative aids, people in your office can't afford these houses, so how can they be affordable, and it's definitely not for people in Overtown. If this thing was considered -- and the people in Overtown, there would have also been rental housing. There's no rental housing in this plan, none at all. Like the preacher said earlier, what's 50 houses out of 1, 050? We're kidding ourselves, folks. There's nothing Democratic about this thing. You talk about jobs, but 1 haven't heard anybody talk about jobs that are actually going to put food on the table. Most of the people in Overtown, believe it or not, are working. The problem is, they're working these service industry jobs, where they're not being paid -- don't stop me, yet, OK? You know, I've been to all these meetings where you give people three minutes, you know. You guys have taken a lot of time to come up with this skulduggery, so 1 think you can listen to me for another two minutes. Chairman Sanchez: Sir, you're going to get six, just like the attorney did. Mr. Reeves: OK, 1 appreciate that. Chairman Sanchez: OK, and then I'm going to turn the mic off Mr. Reeves: And 1 also want to say -- you can do that, sir, but I've been pretty polite to you, all right, and there's no reason for that. I think you would also take into consideration the majority of folks in Overtown, not just listen to a more vocal minority. 1 think this whole thing, in a lot of respects, have been a sham, and if you're really considering the people in Overtown when talking about subsidy, as in the TIF (Tax Increment Funds) monies that's going to be paid out through the term of the construction from what, 2005 to 2013, that money could be kicked back into the community, into the Overtown community, so finally, I want to say that, you know, this project is the beginning. People keep saying it's not going to displace anybody, but it's the beginning of the end. It's the -- the Mayor talked about strength being -- two ways of being strong or being -- or pushing down or pulling up, but this is going to push down the folks in City of Miami Page 33 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Overtown. This is a bad deal, folks, and it -- and we're kidding ourselves if we keep talking about this is good for Overtown because the people in Overtown have not duly been considered. Thank you. Chairman Sanchez: Thank you. Commissioner Allen: Thank you, sir. Chairman Sanchez: Ma'am. Jackie Bell: My name is Jackie Bell, 1600 Northwest 3rd Avenue. I am probably the historian of this whole project. 1944, this City put a plan together and that plan said that town intown would take all of Overtown, and it was true because they went to the federal government and it became urban removal. I happened to be a girl of a family of own property, just like Ms. Dorothy Fields. None of these other folks that are talking to you happen to be a part of that, OK. Mr. Allen, you should know because your family came from there. From that, they moved out almost 40,000 families and they gave us a letter that said we had first priority back. Well, we don't have any priority back because I have not been able to buy any land or nor have my family, and they're all now gone, but I went off to college and I came back home and I started something that had never happened, and that was called Community Development. I got Richard Nixon to put it in the Department of Housing and Urban Development, and set aside from where Model Cities had let government run it; that community -based organizations would be able to redo their communities . The City and the County, for the past 31 years, have been getting at least $50, 000, 000 a year, and look at my community. Look at my community. We supported the Metrorail because they said they would help us redevelop my community. Didn't happen. God bless her, Gwen Cherry - - was Bernice Sawyer's sister -- was a state legislator, and I was her aide. We went to Bill Lehman and we got Bill Lehman to put money in the County, what was called "UMTA (Urban Mass Transit Administration) money," urban renewal money Again. This City, this City, all you folks, all this City, people who sat there, OK, wrote resolutions after resolutions, and can't tell me you don't have them, and the CRA should have them. I gave them to Mr. Allen's office. He should have read them. I talked to you this morning, and 1 got them here, and what you're doing is absolutely wrong. I said to Mr. Arriola today, you all who are Cuban have been in court for more than 40 years trying to get your land back from a government that took it away from you. Government took our land and, yes, Ms. Sawyer and Mr. Sawyer have suffered because they've stolen from them, OK, and none of the people who have represented us up there came from Miami, but Allen. The only somebody was born here was you, OK, so none of them cared. Mr. Gonzalez know how long I fought. You fought with me. Frank Castaneda know. Matthew Schwartz know about all of this, and it's in resolution from this City, how this property is supposed to be given back Mr. Weitzel ain't had no business having it in the first place. There should not be no court appeal because we had the money. We came here with a hotel project that we brought the money from Egypt. Mark Kosif never lived in Overtown. He's never -- his folks didn't never lived there. He never owned anything. This land should be disbursed, as the resolution says. The Overtown Advisory Council, by law, is supposed to be the one that monitors all of the development. Now, you might not hear me, you might not hear me, but it have not been because we didn't have the money or we did not know what to do. It's because of our color and it was because 1 was a woman, OK, that none of you all -- I'm not saying you, not pointing you, but none of the people before us. You know I'm telling the truth, OK. Chairman Sanchez: Thank you, ma'am. Ms. Bell: And today, 50 units could be given back or 200 units. That is not right. $200,000,000 development. What do y'all think our children think of us? Everybody else's children can look out of their -- walk in their neighborhood and see the kinds of things their parents are doing, but not in ours. Our schools are in trouble. Our neighborhoods are in trouble. We don't bring drugs into this country. We ain't got no airplanes. We ain't got no speedboats, but on our streets City of Miami Page 34 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 is where you sell it, and today, I ask you to rethink -- I'm not asking you to give me anything. I work. Yes, I have gotten paid sometimes and no, I have not gotten paid most of it. Chairman Sanchez: Thank you, ma'am. Ms. Bell: OK. Chairman Sanchez: Thank you. Irby McKnight: Good afternoon. I'm Irby McKnight. Chairman Sanchez: Folks -- Mr. McKnight: I live at 1040 Northwest 3rd Avenue, in the heart of Overtown, and I've been there for 38 years. Thirty-eight years ago, when I moved there, 1 thought that the neighborhood was in such bad condition until it was the right place to settle because you had to go up. I didn't know that there was another bottom. However, now that we have reached that other bottom, I know we have to go up now. 1 am sick of discussing this project. We have had so many meetings in Overtown with this project, it's a shame. We have had the chairman of Crosswinds in Overtown. He has hired local people and they have attend meetings in Overtown. I don't want to beat this horse anymore. I support this project, and the rest of the time I have, I want to use it and ask everybody in the audience to please, let's have a heart warming moment of silence for all those people that 1 serve with all these years, starting with revenue sharing till today in Overtown, who have died and gone and have not seen anything. No one paid us. We weren't looking for anything. We were looking for a better community to live in, and now, in honor of Alvin Dean, the first chairperson of the board in Overtown, Ann Marie Adker, William Johnson, Bishop Johnson, Ms. Bloomfield, all these people volunteered night after night, weekends, Saturdays to make Overtown a better place because it was their community. They've now died and gone to a better place, so I hope that when they look down today, I'll do them some justice by saying, your fight was not in vain. I am still alive. I know what your dream was and I am going to fight until I join you to make your dream a reality. Please support this project. James Burke: Thank you. Mr. Chairman, Commissioners, Madam Clerk, Mr. Manager, Mr. City Attorney, I am James Burke, and I'm here speaking on behalf of the Reverend Dr. Ralph M. Ross, who is the pastor and senior teacher at the Historic Mt. Zion Missionary Baptist Church. Reverend Ross was here earlier and to those who know him, know that he takes care of his wife, who is in such a condition that he sometimes has to do it personally, and he was not able to return. However, Reverend Ross made comments at the town hall meeting that was made by Commissioner Allen, and he gave a written statement there, and I've given a written statement to the Clerk so there's not a need to really reiterate all that was said. He just want to really give appreciate for having an opportunity to present this. The only thing he would like to do is to emphasize the principles of Overtown. To those of you who know that Mt. Zion has been in Overtown since 1896 and he's seen a lot of development take place, some things under the title of development, so those are five principles that he wants to leave with you and ask that they be at least the beginning of a relationship between the developers that come into the community. Those five principles are that the redevelopment process follow the goals and plans and objectives of the Southeast Overtown/Park West Redevelopment Plan that was completed last year, and I think that was before you, and that is based on a previous plan that was done in 1982 . That plan itself has goals -- six goals and 14 objectives that, if applied, will present -- will produce, I think, something that can be legal and followed by all the people in the City of Miami. The second principle is that the CRA and the City Commission follow a transparent, open process in redeveloping Overtown. The third is that you, as the CRA Board, and as our City Commission do not entertain pocket items or other non pre publicized emergency ordinances or unpublicized resolutions or motions that are pocket items related to development of Overtown. To your credit, you've not done this and we certainly appreciate that. The fourth principle is that City of Miami Page 35 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 no proposals to grant ownership or leasing of City controlled real property in Overtown should be placed on the agenda of the CRA or the City Commission without prior presentation to the community. He notes that at a meeting that Reverend Ross had with rabbis, the bishops, and some of the religious community leaders -- there were 17 churches that were invited to the meeting in -- at Mount Zion. There was an agreement that those religious leaders would make available their facilities for presentations in the community and also would make available a forum to make sure that there was notice in the community for needs develop to begin to take place, and five, that the major concern of all the redevelopment proposals and plans be the affordability of housing for the present residents of Overtown. Those principles he leaves with you, and in closing, he wants to share that he, as a religious leader, knows what it is that to follow the dictates that we are to honor our government leaders, and so we -- in that sense, we will have faith that you will do what is right and what is just. It is, I think, rather something that we all should have to know that, as we said, since 1896, Mt. Zion has been there, and a number of members of Mt. Zion signed the City Charter so that we could have enough people to bring Miami into being. Chairman Sanchez: Thank you. Mr. Burke: And now that they've helped to build Miami, they simply want to be a part of building Miami's future, and for that, we leave it to you to allow us to do it. Chairman Sanchez: Thank you. Mr. Burke: Thank you very much. Chairman Sanchez: Thank you. Yes, sir. Richard Bennette, Jr.: Mr. Chairman, Commissioner, Richard Bennette, Jr., executive director for the African -American Council of Christian Clergy, 6801 Northwest 15 Avenue, in Miami. We have heard a lot of talk today and a lot of times people is not ready for a change, but I think the Bible declare that "without a vision, our people perish, " and our visionaries have spoken plainly today on this project and what would be a uplift in the Overtown community, will bring economic development into Overtown, will bring jobs into Overtown, and 1 stand here in support of this amendment -- resolution that is moved forward, and we can create jobs and bring new homes into our Overtown community. My daughter graduated from Miami Northwestern in '74. She went away to college in Tampa and she have not returned back to Miami as of yet because of jobs and living condition, so I support the visionary of this proposal and let's say, as the Bible declare, let's move and go forward. Chairman Sanchez: Thank you so much. That concludes the public hearing. At this time, we'll bring it back to the Commission on the resolution -- on the settlement itself. We need a motion and a second for the purpose of discussion. Commissioner Allen: 1 move the item, Mr. Chairman. Chairman Sanchez: There is a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Commissioner Allen, second by Commissioner Winton. At this time, it is open for discussion. Commissioner, any discussion on the item? Commissioner Allen.: Well, do you want me to -- Chairman Sanchez: Commissioner Regalado. City of Miami Page 36 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: Do you need to gather your thoughts? Chairman Sanchez: Yeah. Commissioner Regalado: On the settlement, Mr. City Attorney, on the minority participation, before this, there is a paragraph here on the penalties that the developer will incur $20, 000 per unit if they don't qualms the noncompliance for the income. However, in the minority participation, it's 25 percent minority female; 27 percent African -American requirements. The requirements are mandatory and penalties apply for failure to meet the requirements. What kind of penalties is -- Mr. Fernandez: Mr. Bloom. With regard to minority participation, the penalties. Mr. Bloom: In each category, if you miss by a percentage point, 1 believe it's a $2, 000 penalty and for each phase of the project, so (UNINTELLIGIBLE) in the construction or in design or in property management. If you miss it, it's for each point that you're off $2, 000 penalty, and again, it's on a phase basis that it's calculated. Again, there's a monitoring procedure set up that give reports to the Executive Director of the CRA, and there's a provision where the developer is paying $75,000 a year to support the cost of the CRA monitoring it, so there will be an active process going on to make sure there's compliance. Mr. Fernandez: But the actual penalty, I believe, is 5,000 per percent. Mr. Bloom: Excuse me. Commissioner Regalado: 5,000 per percent, not compliance? Mr. Bloom: Right. Commissioner Regalado: So if they only do 10, it's -- Mr. Bloom: If the total percentage -- it's the construction; that the total amount -- Commissioner Regalado: 1 understand that. Mr. Bloom: -- is 51 percent. Commissioner Regalado: 51 percent in construction -- Mr. Bloom: So it's -- Commissioner Regalado: -- 25 in design, and 20 percent in developer sales and marketing. Mr. Bloom: Right, and also 51 percent in property management. Commissioner Regalado: And who gets that money if -- Mr. Bloom: It goes to the CRA. Commissioner Regalado: It goes to the CRA. Mr. Bloom: Right. Commissioner Regalado: And the CRA -- City of Miami Page 37 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Mr. Bloom: And I believe, in the agreement, the CRA is obligated to use that money in connection with job creation. Commissioner Regalado: OK. Mr. Fernandez: As well as training -- job formation. Chairman Sanchez: OK. Any other questions? Commissioner Allen. Commissioner Allen: Thank you, Mr. Chairman. I would just like to take this moment to express, first of all, my thanks for all of those who have come forward either in support of the project or against the project. I'm amenable and open to hearing all sides of the issue, but having said that, I must also state again that Overtown is dear to me. It is dear to me because, as many of you have come up before at this podium, many of my relatives lived there, my grandparents, my mother, everyone, and believe me you, guys, my grandmother, that hastened her death because she was heart -stricken because of the fact that we all had to move, so this still really touches me here. It really does because I witnessed it as a youngster. Now, having said that, I think what's important to look at is the fact that the community itself in my opinion, has deteriorated substantially over the years, and if we are to move, if you will, into the 21 st Century, to be inclusive, if you will, with respect to the balance of the City of Miami, we've got to usher in and bring in development, and we can do it in a way where it creates market opportunities for Overtown residents, as well as for Black Americans and other minorities in the City of Miami. As I said earlier, this entire deal was a labor of love for me. 1 also mentioned that with respect to the Mayor. We have spent a great deal of time on this matter, and at this time, I want to personally thank, for example, my staff members. My Chief of Staff, Mr. Cornelius Shiver; the attorney I hired, Mr. Steve Bullock, who's a fine attorney. We spent many a weekends and late nights to get this deal done where it's favorable to the Overtown residents, and I think it's a misrepresentation to think that there are only 50 units. Those are 50 subsidized units. Now, of course, 1 can have Mr. Bloom to come up and expound on that, but this total deal provides affordable housing for a great many individuals. We can bring back a great many Black Americans back into this City, which is what Overtown is sorely lacking, and we do have a great many blacks in this City that do earn income. We need to stop going around thinking that we, as black people, are destitute and that's the way we want to live for the rest of our lives. There are a great many of us have high aspirations, like any other ethnic group, and I, myself have those high aspirations. Both of my parents, in fact, attended Booker T. Washington High School, but did not graduate from there. Now, I look at the fact that I've been -- and, again, I don't say this to sound pretentious, but a successful trial lawyer. I went on to college. I even went to play professional football, but yet, my parents were not college graduates, so that's clear testimony and evidence that we are a talented race of people; that we are entitled to the very same thing that every other ethnic group has here in South Florida, and I think the way to do it is to usher in a new era. Now, when you thoroughly examine this deal, you have the job opportunities there, you have the housing opportunities there across-the-board, from soups to nuts, if you will, in terms of market opportunities again for blacks. It's a great opportunity for all of us. Believe me, I'm excited about this. 1 want to spread the world I want to spread the gospel, believe me, and 1 will, and I want to take a moment also to personally thank the developer himself, Mr. Gleibman, if he's here. I would hope that he would stand up if he is here, because when we spoke -- when I met this gentleman, the first thing that I gathered from him is, he shares the same concern. He was primarily concerned with the social concerns of the Overtown residents, and he incorporated that in this document, and more importantly, here's a gentleman, a developer who generates from the city of Detroit, and I got to tell you this, for those who haven't traveled beyond the bounds of South Florida, Detroit is a majority black city, and here he attempted to bring some level of renaissance back to the community in Detroit. Guys -- and I say this affectionately -- renaissance are happening all throughout our country, OK. It's taking place in New York. Harlem, which was once the Mecca of black history, it's been going through a City of Miami Page 38 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 rebirth, a renaissance. Atlanta, Georgia, has gone through a renaissance, Chicago, Graveney Green has gone through a renaissance. We cannot be left behind. We have to be on board and inclusive, so to that end, 1 must tell you, I think this is a great project and I want to thank all the parties that played an intimate role in this, and 1 would be remiss if I didn't point out one significant person 1 think was really significant in this deal, and that's Otto from the Mayor's office, and I believe now he's probably in the Manager's office, and I've got to tell you, guys, we had a lot of spirited discussions about this deal, but these guys brought to bear the passion and concerns of the community. 1 witnessed it across the table, and in conjunction with all the parties concerned, so believe me you, for all of those Overtown residents, I, as the district Commissioner, did in fact look out for your best interest and made sure that that was adhered to, with the assistance of the balance of the City, and so with that, Mr. Chairman, 1'll -- Chairman Sanchez: Please. Commissioner Allen: -- I would like to turn it over to the Chairman, and thank you very much. Chairman Sanchez: Thank you, Commissioner. Commissioner Winton and then 1 will have an opportunity, as the Chair, always to go last. Commissioner Winton, you're recognized. Commissioner Winton: I'm not going to add a lot to what Commissioner Allen said, but I would like to point out about three things. First of all, I think it's important not necessarily for people in this room, but certainly for the folks who will watch Net-9 and listen to these proceedings and in the future, and my first point is not in the history of mankind and certainly not in our history can we expect one project to cure the social and economic injustices heaped upon a community for 100 years; ain't happening. 1 don't care what this project looks like, 1 don't care what it looks like; it ain't going to solve all the problems and injustices that have been thrown on Overtown, and this project's not going to do it; no other project's going to do it. Affordability. The price range in this project, I'm not talking about just the affordability portion of it, but the sales price range is 130 to $300, 000 a unit. Even $130, 000 a unit sounds expensive to many people, but the real reality of housing costs in Miami -Dade County, Miami -Dade County is that you can't buy a house for $130,000 almost anywhere anymore, and in my district, District 2, you can't buy hardly a house or a new condo for 300, 000, never mind 130, 000, so these price ranges below the $200, 000 range, as much as we would like to make them more affordable, there's only one way these more affordable work. 1 talked to Congressman Meek this morning about this project because he, too, would like to see more than 50 unit that go to the bottom, as low as we can get them to go, and so would we, and 1 said, you know how we can do it? Because it's only economics. The cost of the land in this transaction is about $10, 000 a unit and the cost of construction, the cost of construction -- the bricks, the mortar, the electric, the plumbing, all that jazz -- it costs the same whether you're in a very expensive unit or a very inexpensive unit; those costs are all the same. Those costs have risen dramatically, and you can't build the product -- I don't think you can build -- I'm going to challenge whether or not this $130,000, whether there's any profit margin in it, at all. I'm not convinced the developer can even build it at that, so there's a subsidy in that, but let's say for the sake of conversation he could, I will tell you, unequivocally, that 130,000 is rock, drop -dead minimum costs for building housing in today's economic climate, so 1 said to the Congressman, you want more units at below that price range, so do we, but municipalities across America don't have the money because the fells are taking more money away from us every single day, and we're looking forward to more of it coming this year, both in terms of housing and social services. We know it. You've read it. It's coming. We do want more houses that are below that 130,000 range. Local government can't do it; State doesn't have any extra money; County doesn't have any extra money. We're trying to build as many affordable and senior housing projects as we can in our entire County, including in the City of Miami, and there's not enough money, and 1 said, you can help us with this. You want another 50 units? You're in Congress where all the money is; bring us some more money. I'll guarantee you that developer would be thrilled to add another 50 units, 100 units, or 200 more units at the same price range as the 50 we're talking about. City of Miami Page 39 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: And 1 second that. Commissioner Winton: And the Congressman said [indicating silence], because that's all there is to say. Commissioner Allen: Say, exactly. Commissioner Winton: There isn't any money and it is, in fact, about real costs and economics to do this, and 1 think we all wish that there was a heck of a lot more money out there so that we could build more affordable housing. To the point on Third Avenue Business Corridor in business development, another fact relative to this project. Not everybody's going to necessarily like this fact, but it is a fact. I don't know what the color of the individuals who are going to buy these units is going to be. 1 have no way of knowing that. 1 know that it's illegal, by federal law, to discriminate against anybody by race, religion, creed, blah, blah, blah, blah, blah. We hope there's a significant number of people who left Overtown and want to come back because we're recreating a very vibrant and exciting community. We hope that happens. We hope there's other African Americans who've never been to Overtown to come to Overtown. There's going to be probably few people look just like me coming into that community and there's going to be Hispanics coming into that community, but whether they're African American, Hispanic, or Anglo, or something else, there will be a significant number of people who come into this community, into this new development who will have disposable income. What does disposable income mean to the neighborhood? Disposable income means to the neighborhood that Just Right Barbershop's business could triple because the people coming in are going to need haircuts, they're going to need groceries, they're going to need shoe shines, they're going to need shoes fixed, they're going to need places to buy toothpaste and all those kinds of things. Disposable income in neighborhoods brings economic opportunity, and the Third Avenue Business Corridor that we've been talking about since I got elected, something Commissioner Teele has pushed since I've been here, has maybe its best chance ever of seeing some real expansion because we're going to bring people to the community who have money to spend on goods and services. That will make the Third Avenue Business Corridor successful, not handouts, so from my viewpoint, do I think this is a perfect project? No. Do I think we could have created the perfect project? No, but do I think this is the right step to create the first launch for creating the Overtown that I've heard people talk about in this community since I've lived in Miami, and I think we have a real opportunity here. I think people have fought very hard to make something positive happen here, and on top of it, we have three blocks out of Overtown, which consists of 150, 200 blocks? I don't know how many. This simply creates an anchor and some new hope and some disposable income, and some job opportunities that I think creates the foundation that gives everybody in the rest of Overtown a great new opportunity, so I'm significantly in favor of this project. Joe Arriola (City Manager): Commissioner, can I -- Chairman Sanchez: Thank you, Commissioner. Mr. Arriola: Commissioner, can I say -- explain something -- Chairman Sanchez: Sure, you're recognized -- Mr. Arriola: -- because I -- you know, with -- for this whole thing -- Chairman Sanchez: -- Mr. City Manager. Mr. Arriola: -- we haven't explained, and first of all, Commissioner Winton, they don't have to City of Miami Page 40 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 worry about having people that look like you move into the neighborhood; nobody looks like you, so the second was $12, 000 for the land, not $10, 000, but there's something here that is being missing, Commissioner Allen, that I don't think is being explained properly. We're taking 50 units on this thing and through the Mayor's work and Commissioner Allen's work, that money's going to be reinvested back in other units to discount more units. The 50 units is just the beginning. We will take that money and we'll discount more units. The -- through their efforts, the Knight Foundation has come forward and put some serious money on the table; could be as much as $5, 000, 000, which we're going to take that money and discount those units more and more, so the purpose of the 50 units -- I don't want anybody to misinterpret -- we have those at dollar zero. We're going to sell those at a certain discounted price. Commissioner Allen: Correct. Mr. Arriola: That money's going to be used to discount more units. Commissioner Allen: Correct. Mr. Arriola: The money generated from those units are going to be used to discount more units, and the whole purpose of this thing, as I just explained it, its cascade effect that will start at one point and we will be discounting units to a point that we're looking forward to probably subsidizing half of these projects, some -- so we're 40 percent of this project. The owners of -- the builders don't care how we use our money. At the contrary, we're going to -- you know, they're going to be very happy that we're using the money to reinvest it; that we could use the money some place else you want to, but the commitment that Commissioner Allen and the Mayor and -- have made on this project is we're going to keep the money in the project and we're going to continue discounting every dollar into the project so every -- well, you know, several hundred, not 50 --1 don't want to talk about 50. Probably, by the time we get through, it will be 3, 400 units that will have some sort of a discount on it, so I wanted to make that clear, Commissioner, because it's important that people -- you know, they come in here and talk about the 'peanuts; " 50 units, peanuts. No. That's the beginning of the cascade that will bring down the pricing in several hundred units in this project, and thank you for your leadership on this one. You know that we've had quite a few long, long, long nights on it, but 1 wanted to make that clear because 1 don't think people are truly understanding that this is not about 50 units; this is about several hundred units that are going to be made very, very affordable to the folks. Thank you. Chairman Sanchez: 1 have some questions for both of the attorneys, including our attorney, and the attorney representing the CRA. I just want to make sure that some valid points are put on the record, and one of them was that we did not -- we're not receiving fair market value for that property. Are we receiving fair market value for that property? Mr. Bloom: Yes. Appraisals were obtained and this is within the range of the appraisals. Chairman Sanchez: And they fall within the range of fair market value? Mr. Bloom: Yes. Chairman Sanchez: The other -- I mean -- Commissioner Winton touched on issues that I was going to touch on and he addressed them very eloquently. The other thing, after reviewing the settlement here, there is a five percent interest that should be retained by the existing partners of Sawyer's Walk, L -- Mr. Bloom: Right. The -- Chairman Sanchez: Explain that to me. City of Miami Page 41 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Mr. Bloom: The -- Chairman Sanchez: If this is a settlement -- Mr. Bloom: The settlement -- Chairman Sanchez: -- and we're settling, why are we still -- Mr. Bloom: We're settling the litigation with Sawyer's Walk Limited and Poinciana Village of Miami. What's going to happen is, Poinciana Village of Miami is going to be assigning to Sawyer's Walk Limited all of its interest in the Poinciana Village lease with respect to phase II, and then Sawyer's Walk Limited and the CRA will be entering into an amended and restated lease with respect to phase II Poinciana Village and the three lots -- blocks comprising of the Sawyer's Walk property. The other portion that's happening is the existing partners of Sawyer's Walk Limited are assigning 95 percent of their partnership interests to Poinciana -- excuse me, not to Poinciana, but Crosswinds Communities, LLC, with the existing general partner of Sawyer's Walk Limited retaining a five percent interest. Commissioner Winton: Excuse me, Mr. Chairman. I think there's a question that you asked that needs some additional explanation, and that's related to fair market value. Fair market value is determined on the basis what they thought the sales price ranges of these units is going to be. Because the fact of the matter on fair market value -- and this will speak directly to the new gentleman in town, who is already threatening to sue the City of Miami -- that if you could sell every single unit in this complex for 500,000 a unit, I can guarantee you, if your market is $500, 000 a unit, which nobody is going to be able to afford, then the fair market value would be driven up significantly above 10 to $12, 000 a unit, so the concept that I can provide you a whole lot more affordable units if you put this project out to bid, there's no question, if you put the project out to public bid and somebody wanted to build units where the minimum price was 300, 000 instead of 100, 000, you might get $15, 000 a unit for land, you might get $20, 000 a unit for land, but the higher the price the land, the higher the price per unit, and so let's not lose -- Commissioner Allen: That's right. Commissioner Winton: -- track of that fact. Mr. Bloom: There's (UNINTELLIGIBLE) Mr. Arriola: There's one more thing. Commissioner Allen: That's basically fundamental. Mr. Arriola: There's one more thing. Remember, they're building a thousand units. If you wanted use maximum land uses, et cetera, et cetera, et cetera, which you would have to do a -- the bidding process, you would be talking about 1,400 or 1,500 unit which is the last thing we want, to create another -- Commissioner Allen: Right. Mr. Arriola: -- massive cement -- Commissioner Allen: Project. Commissioner Winton: High-rise complex. Chairman Sanchez: The other issue that 1 have from our attorney, the City Attorney, is to clearly City of Miami Page 42 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 state that this will fully settle all of these lawsuits that have been lingering on for many years. Mr. Fernandez: Yes. Yes, it will. Chairman Sanchez: OK, so it does. All right, now, let's go to what I consider reality, and reality is that we have -- and when we say "we, " we're talking about the City of Miami -- has invested a total of $14, 000, 000; 4.1 in CD (Community Development) money into Overtown, 10,200, 000 in District 5 in Overtown projects, and basically, we have very, very little to show for. I have been a strong critic of all these agencies that are out there that promise you the world and deliver nothing, and for the last six years that 1 have been a Commissioner here, there's been agencies that have promised you the world and, as somebody stated here, has delivered peanuts, and it is those individuals that champion your cause, they do nothing for you but enrich themselves with administrative costs and do not deliver. That is the truth. It is the truth. But they stand here in front of you and they are your champions, fighting your cause. They don't care about you. I've labeled them 'poverty pimps" because they don't care. Because you know what? As long as Overtown continues to look like Overtown, he could sit back and sleep because Washington's going to be sending money all the time. He doesn't want to improve the community. It's no good for him. He doesn't care about you. He doesn't care about somebody being able to accomplish the American dream, whether you have a college degree, or you have stocks. He doesn't care, and that's what eats me up. For the first time in six years that I've stood here in this Commission, I have never seen a realistic, vital project to start the redeveloping start that Overtown deserves, and let me just state for those who criticize the Mayor of the City of Miami, who 1 have the utmost respect for. Someone stated that he made an insult about the doughnut. He was referring to everything around Overtown is developing, and if you can't see it, you're blind. Look at every community, including mine, who was, at one time, the poorest community or the poorest district in the City. Look at all the cranes. Look at all the cranes in Allapattah. Look at all the cranes everywhere else. Why? Because we've opened the doors and we have courage and a vision to change things, and that hole is Overtown; that nothing has been developed. This project -- and as Commissioner Winton stated -- it is not the perfect project, by far, but it is the project that's going to start having developers come in and invest money and provide opportunities and hope for many that have given up that hope. For the youth that has to move out of the community that they were raised, it is like losing a country because there isn't affordable housing. There isn't job opportunities. It's just isn't there, so they have to move on to other communities to find employment, to find home. If we do not provide those opportunities, this City, our City, your City has failed and we have failed for too long. Let us have courage. Let us move on to start a new redevelopment in this City of things that are going to work. Government is at fault in many ways, and sometimes when something doesn't work, you discard it, and you find other opportunities. Here, you have a perfect opportunity to partner up with the private sector that will deliver because he's got money invested in it. He wants to deliver. He has to deliver. He's forced to deliver. In other ways, they're not forced to deliver. They don't deliver, they still get a check a month, and that's what I'm talking about here. We've got to have that vision. We've got to have that hope, and I guarantee you, this is a step in the right direction for a community that, with God's help, and the devotion of the residents and all those who labor hard to put this project together, 1 guarantee you, in three or four years, we'll see a significant improvement that Overtown has not seen for many, many, many, many years. Thank you. All right. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Having said that, there is a motion and a second. Commissioner Allen: Call the vote. Chairman Sanchez: It is a resolution, I believe, on a settlement. All in favor, say "aye." City of Miami Page 43 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Thank you so much. It passes unanimously. Now, we have 10 recess the Commission meeting and we'll move into a CRA meeting, where we'll pass the gavel over to the Chair to conduct the CRA meeting. City of Miami Page 44 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 DISCUSSION ITEMS DI.1 05-00013 DISCUSSION ITEM DISCUSSION CONCERNING CIVILIAN INVESTIGATIVE PANEL (CIP) MONTHLY STATUS REPORT. 05-00013-cover memo.pdf 05-0001 3-memo.pdf DISCUSSED Chairman Sanchez: We move on to the -- Commissioner Allen: Mr. Chairman -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: -- we just completed the consent agenda. I'd just like to ask for your indulgence. There's an item, if we could, pull out of order. It'll be a quick report. Is that -- Chairman Sanchez: Yes, sir. What -- that item, I believe, is the Civilian Investigative Panel. Commissioner Allen: The CIP (Civilian Investigative Panel). Chairman Sanchez: Yes, sir. Commissioner Allen: Yes. It's the -- Chairman Sanchez: Without -- if there's no objection from the Commission, that item has been called. Sir, state your name for the record. Larry Handfield: Thank you -- Chairman Sanchez: I believe this is a report. Mr. Handfield: Yes, just a progress report. Thank you so much, Commission, Chair and all of the Commissioners. Good morning. Larry Handfield, 4770 Biscayne Boulevard, Suite 1200, Miami, Florida, chair of the Civilian Investigatory Panel. Happy New Year's. It's a pleasure to be here for my first progress. Just to give you an update as to where we stand, I'm happy to announce that we have concluded the process of hiring and selecting an independent counsel. As a matter of fact, that person is attorney Charles Mays, who will be presented next week, but someone, clearly, that we were very happy and pleased to be able to obtain from the Office of the City Attorney because of his substantial background in working for the City, as well as litigation, an outstanding barrister in this community. Presently, we are in the process of preparing interim progress report, which I hope to have published to the City Commissioners for the month of March. We have 18 FTA [sic] cases that are pending, and a total of 124 cases in reference to the Internal Affairs and other cases that the independent counsel will be meeting with the State Attorney's Office to make sure that there are no cases that will be conflicting with their jurisdiction, and we will be proceeding with the business at hand. That pretty much brings this Commission up-to-date from last month as to where we stand with the police oversight board. Chairman Sanchez: Thank you. Any questions? Commissioner Regalado, you're recognized. Commissioner Regalado: Just because I was watching the proceedings on the federal court in the Elian cases, on those 124, are there any Elian cases, you know, people that were abused by the police, or so they alleged? City of Miami Page 45 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Mr. Handfield: Well, the -- I cannot answer that right now due to the fact that the process would have been, through those cases, cases that have gone through Internal Affairs, and even though they may have closed them out, we still would have jurisdiction to review, so at the next month's report, I will be more than happy to bring that to your attention. Commissioner Regalado: Thank you. Mr. Handfield: All right. Chairman Sanchez: OK. Any other questions? If not, thank you so much, sir. Mr. Handfield: Thank you so much. Chairman Sanchez: We certainly appreciate your service -- Mr. Handfield: Y'all have a good day. Chairman Sanchez: -- to this great city of ours. Mr. Handfield: Thank you. DI.2 04-01295 DISCUSSION ITEM DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF M IAM I. (BILLBOARD LITIGATION) 04-01295-email.pdf DEFERRED Jorge L. Fernandez (City Attorney): But before you get to your P&Z (Planning & Zoning) items, there is a discussion item, DI.2, which is the settlement of the National Advertising case versus the City of Miami. Chairman Sanchez: Why don't we bring that up. Let's go to D -- is that also going to be -- Mr. Fernandez: No, no, no. I -- just to announce that it needs to be continued -- Chairman Sanchez: All right. Mr. Fernandez: -- so that this Commission takes action to continue. We're not ready with that settlement. Chairman Sanchez: I don't believe we need a motion to continue this item. This item is automatically rolled over to the next Commission meeting. City of Miami Page 46 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 PART B PZ.1 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 RETAIUOFFICE 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 47 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-00723 MUSP 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 Sp Ex Fact Sheet.pdf 04-00723 Sp Ex Analysis.PDF 04-00723 ZB Reso.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 04-00723 MUSP Cover Page.PDF 04-00723 Table of Contents.PDF 04-00723 Article I - Project Info.PDF 04-00723 Letter of Intent.PDF 04-00723 MUSP & Sp Ex Applications.PDF 04-00723 Zoning Write-Up.PDF 04-00723 Aerials.PDF 04-00723 Zoning Atlas.PDF 04-00723 Project Data Sheet.PDF 04-00723 Computer Tax Printout & Deed.PDF 04-00723 Ownership List.PDF 04-00723 State of Florida Docs.PDF 04-00723 Owner's Authorization Letter.PDF 04-00723 Directory of Principals.PDF 04-00723 Article II - Project Description.PDF 04-00723 Article III - Supporting Documents.PDF 04-00723 Minority Construction Empl Plan.PDF 04-00723 Traffic Impact Study I.PDF 04-00723 Traffic Impact Study II.PDF 04-00723 Site Utility Study.PDF 04-00723 Economic Impact Study.PDF 04-00723 Survey of Property.PDF 04-00723 Plans.pdf 04-00723 Plans Re-submittal.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 City of Miami Page 48 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 FINDINGS: PLANNING 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 Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to continue item PZ. I to the Commission Meeting currently scheduled for March 24, 2005. Chairman Sanchez: We move on to the PZ (Planning & Zoning) items. I believe that that item, as soon as some minor issues are resolved, will come back in front of this Commission for approval or denial. We move into PZ.1. PZ.1 is a resolution. Commissioner Allen: PZ. I? Chairman Sanchez: Yes, sir. We're moving on to PZ.1. Lucia Dougherty: Mr. Chairman, this is -- I'm here on behalf of PZ. I. Lucia Dougherty, with offices at 12 -- Chairman Sanchez: Is the applicant ready to proceed? Ms. Dougherty: -- 21 Brickell Avenue. No, we would like a continuance to your second meeting in March. Chairman Sanchez: All right. There is a motion for -- Commissioner Allen: Continuance. Chairman Sanchez: -- a continuance to the next meeting. Lourdes Sla_yk (Assistant Director, Planning & Zoning): To March 24. Chairman Sanchez: March 24. Is there a motion? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Commissioner Regalado: Second. Chairman Sanchez: Is there a second? Second by Commissioner Regalado for PZ 1. Hearing no further discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Ms. Dougherty: Thank you very much. City of Miami Page 49 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: PZ. 1 has been -- Jorge L. Fernandez (City Attorney): Continued to a time certain? Ms. Slazyk: March 24. Mr. Fernandez: Thank you. Chairman Sanchez: Well, not a time certain. Just that -- Ms. Slazyk: Date certain. Chairman Sanchez: -- date, which is -- Mr. Fernandez: Date certain. That's what I meant. Chairman Sanchez: -- just a regular PZ item -- PZ item discussion. PZ.2 04-00562b 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, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT WEST PROJECT, TO BE LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET A/K/A 55, 92 AND 95 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, TO CONSTRUCT FOUR MIXED -USE STRUCTURES WITH VARYING HEIGHTS AS SET FORTH HEREIN TO BE COMPRISED OF APPROXIMATELY 1,462 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 38,728 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 203,000 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,832 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 50 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-00562b Fact Sheet.pdf 04-00562b Analysis.PDF 04-00562b Zoning Map.pdf 04-00562b Aerial Map.pdf 04-00562b Pre -Application Comments.PDF 04-00562b Parks & Recreation Comments.PDF 04-00562b Public Works Comments.PDF 04-00562b Miami -Dade Water & Sewer Comments.PDF 04-00562b Fire Department Comments.PDF 04-00562b Public Works Platting Letter.PDF 04-00562b UDRB Reso.PDF 04-00562b URS Letter.PDF 04-00562b Miami River Comm Comments.PDF 04-00562b School Board Comments.PDF 04-00562b PAB Reso.PDF 04-00562b Legislation.PDF 04-00562b Exhibit A.PDF 04-00562b Exhibit B.PDF 04-00562b Exhibit C.PDF 04-00562b Table of Contents.PDF 04-00562b Article I - Project Information.PDF 04-00562b MUSP Application.PDF 04-00562b Disclosure of Ownership.PDF 04-00562b Ownership Affidavit.PDF 04-00562b Directory of Principals.PDF 04-00562b Project Data Sheet.PDF 04-00562b Zoning Atlas.PDF 04-00562b Access Agreement.PDF 04-00562b Article II - Description.PDF 04-00562b Article III - Supporting Documents.PDF 04-00562b Minority Construction Plan.PDF 04-00562b Traffic Impact Study I.PDF 04-00562b Traffic Impact Study II.PDF 04-00562b Site Utility Study.PDF 04-00562b Economic Impact Study.PDF 04-00562b Survey of Property.PDF 04-00562b Plans.pdf 04-00562b-Letter-Desimone. pdf 04-00562b Exhibit A Modif.pdf REQUEST: Major Use Special Permit for the Riverfront West Project LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 and 95 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: On September 13, 2004, found the City of Miami Page 51 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 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. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-00562 and 04-00562a. *See supporting documentation. PURPOSE: This will allow the development of the Riverfront West Project. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0069 Direction to the City Manager from Commissioner Winton to monitor minority participation conditions imposed on Major Use Special Permits to ascertain that City residents and minorities are employed as agreed. Chairman Sanchez: We move on to PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 is a Major Use Special Permit for the Riverfront West Project. This is to be comprised of a total of approximately 1,462 multifamily residential units, with recreational amenities; approximately 38,728 square feet of retail space, approximately 203,000 square feet of office space, and approximately 1,832 total parking spaces. This was continued from the Commission meeting of December 9. It's been recommended for approval with conditions by the Planning Advisory Board and the Planning Department. Vice Chairman Gonzalez: All right. Counsel. Vicky Garcia -Toledo: Once again, for the record, Vicky Garcia -Toledo. We had a presentation on this matter last time. I don't know if it's the wish of the Commission for me to do the presentation again, or if that is necessary. Your wish. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody in opposition? Seeing none, I close the public hearing. Commissioner Winton. Commissioner Winton: Mr. Chairman, I would like to -- I think that, if you all remember, the issue relative to this project was the Miami River tunnel connecting downtown to Brickell, that is a key component of this Commission's adopted Downtown Comprehensive Master -- Comprehensive Transportation Master Plan, that had not been taken into consideration, and there's been negotiation ongoing between staff and the developer. I think we've reached an appropriate compromise, which requires me to read a number of things into the record, and at which point, I will then move to approve this project with the condition that's going to be described in the part that I'm going to read into the record. Chairman Sanchez: Second. Commissioner Winton: So moved City of Miami Page 52 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: (INAUDIBLE). Commissioner Winton: Yeah, but I don't want to put -- I don't -- I need to read this into the record, first. Chairman Sanchez: There has to be a motion before a second. Commissioner Winton: Yes, there has to be a motion before a second. And this relates to Article 17, Section 1703 of the Zoning Ordinance, which says that the City Commission may approve an application for a Major Use Special Permit as submitted, deny the application as submitted, or approve the application with attached modifications, conditions or safeguards, giving full consideration to the recommendations of boards, agencies and/or departments. In reaching a decision on the application as submitted, the Commission shall make a determination as to whether: (a), the development will be in conformity with, or necessitate a change in, the adopted Miami Comprehensive Plan, which is a key point here, (b), the development is in accord with, or will necessitate a change of the district zoning classification. Therefore, insofar as the Commission may attach reasonable conditions to a MUSP to ensure conformity with the Comprehensive Plan, it is found that the following Comprehensive Plan Goals, Objectives and Policies are related to this matter: Goal TR-I, maintain an effective and cost-efficient traffic circulation network within the City of Miami that provides transportation for all purpose -- all persons and facilities, commercial activity -- and facilitates commercial activity, and which is consistent with and furthers neighborhood plans, supports economic development, conserves energy, and protects and enhances the natural environment. Policy TR-1. 1.13, new development in downtown shall be required to contribute its fair share toward the mitigation of regional roadway impacts as provided for by the development order implementing the downtown and Southeast Overtown/Park West Developments of Regional Impact. Policy TR-1.1.19, prior to submittal of the 2005 Evaluation and Appraisal Report, the EAR, the City will amend the Transportation Element to incorporate recommendations of the Miami Downtown Transportation Master Plan, and particularly those relating to the Buena Vista Yards Regional Activity Center. Objective LU-1.4, continue the growth of downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base. Condition to be imposed to move this project forward, based on these findings, which clearly show that the City intends for the downtown area to be a concentrated urban core of mixed uses with efficient transportation systems in accordance with its adopted Downtown Transportation Master Plan, and with the requirement the City find this project in conformity with our Comprehensive Plan, I will offer the following conditions to this MUSP: The applicant -- and it's only one; one new condition in addition to whatever conditions were already agreed to through all the derent boards and with the Planning Department. The applicant shall coordinate the foundation design of the proposed project with the City's proposed Miami River tunnel alignment based on findings of the forthcoming feasibility study. With that, my motion is to approve, with conditions, including the latest. Vice Chairman Gonzalez: Second. Chairman Sanchez: Well -- Ms. Garcia -Toledo: For the record -- Chairman Sanchez: There has already been a second. However, I had passed the gavel to the Vice Chair. I have taken the gavel back, and therefore, I retracted my second. The second has been made by the Vice Chair, so we all clearly understand the process, so the item is open for discussion. No discussion. City of Miami Page 53 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Garcia -Toledo: Mr. Chairman, I need to object to the condition -- Chairman Sanchez: You need to object to the condition. Ms. Garcia -Toledo: -- on the record. We fully understand the value and the vision that you all have had in terms of transportation issues in Miami, and particularly, this issue of the tunnel, Commissioner Winton. We've certainly heard this discussion back when 2nd Avenue bridge was going to be done, and we certainly appreciate that. We also appreciate the staff meeting with us last Tuesday to share with us the issue of the feasibility study, which the City has started. At that time, we had at the meeting our structural engineer, and basically, what we are being asked to do is to design our foundation to our project around the possibility of the tunnel. We obviously had to turn to the structural engineer to explain to us if these options that the City was suggesting were feasible and could be done to our project, and if I tried to explain what he told us, then it's going to be lost in the translation. Commissioner Winton: And so I understand, you're objecting -- Commissioner Allen.' Right. Commissioner Winton: -- you're not agreeing to this condition? Ms. Garcia -Toledo: I'm -- we've -- Commissioner Allen: Right. Commissioner Winton: OK, then I withdraw my motion. Commissioner Allen: Right. Are you -- if 1 may, Mr. Chairman. Are you objecting to just the transportation issue concerning what Commissioner Winton -- Ms. Garcia -Toledo: I'm objecting -- Chairman Sanchez: All right. Ms. Garcia -Toledo: -- to -- Chairman Sanchez: Start using the gavel. Ms. Garcia -Toledo: I'm objecting to the condition that requires the waiting for the feasibility study. Based on the information that was given us by the City Tuesday morning of this week -- and I would like to have my structural engineer explain to you why it is that we cannot accept, at this time, that condition. 1 think that it would be -- Commissioner Winton: As I said, I'm withdrawing my motion. Commissioner Allen: Right. Ms. Garcia -Toledo: I think it would be helpful to have him come forward -- Commissioner Allen: OK. Ms. Garcia -Toledo: -- and -- Bill O'Donnell -- and explain to you the issue that we found, which the City may not be aware of Commissioner Winton: Well, he -- City of Miami Page 54 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: 1 think -- Commissioner Winton: -- can put it on the record, but I'm going to make another motion, so Mr. Chairman, when it's appropriate, let me know. Chairman Sanchez: Well, apparently, the maker of the motion has withdrawn his motion, and therefore, there -- Ms. Garcia -Toledo: But -- Chairman Sanchez: -- is no motion on the table. Ms. Garcia -Toledo: But I think it's important information that -- Chairman Sanchez: You could put your information on the record, but there is no motion. Commissioner Allen: So are we going to hear from the structural engineer now? Chairman Sanchez: So without a motion, we cannot -- Commissioner Allen: That's right. Chairman Sanchez: -- discuss the item. Commissioner Winton: Mr. City Attorney, are we -- Chairman Sanchez: Mr. City Attorney. Commissioner Winton: -- obligated or required to allow this information on the record? Chairman Sanchez: She is making her presentation. She's entitled to make her presentation. Jorge L. Fernandez (City Attorney): Yes. As part of her presentation, she is entitled -- Commissioner Winton: Just want to be clear. Mr. Fernandez: Yeah, and the procedural issue that there is no pending motion, really, they're making a presentation -- Commissioner Winton: Fine. Mr. Fernandez: -- without addressing a specific issue. Commissioner Winton: OK. Mr. Fernandez: Because the motion to adopt the MUSP now is off the table -- Commissioner Allen: It's off the table, right. Mr. Fernandez: -- because the maker has removed it. Commissioner Allen: Right. That's what I thought, right. Chairman Sanchez: Madam Applicant, you can proceed with your presentation. Oh, I'm sorry. City of Miami Page 55 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Sir, you're -- please. William O'Donnell: Good morning. Chairman Sanchez: I apologize. State your name for the record. Mr. O'Donnell: My name is Bill O'Donnell. I'm with the firm of Desimone Consulting Engineers . We are the structural engineer of record for the phase one project of the Riverfront West. We met with the -- this project has been under design since May of last year. We are preparing construction documents and permit documents will be submitted to the City next week. We met with the City two days ago to understand what the program or the intended program was for the tunnel to pass under the Miami River, and subsequently, also underneath the park of the Riverfront West project. We were told that the City -- the feasible alignment that they're looking at would require -- or would occur within a 150-foot band on the west side of the site, adjacent to the Metrorail tracks. The -- we were told that the tunnel would require a 50-foot wide right -of -way. Also, we were informed that this study was going to take approximately six months to complete, and when we pointed out the fact that our foundation permit drawings were going in, the City suggested that, perhaps, we can design a foundation system -- an alternate foundation system that would work with the proposed general alignment of the tunnel. We indicated that it's really not possible to design a foundation system unless you know exactly where the tunnel is so that you can design an appropriate scheme. I'd like to share with you a drawing that we produced, and I apologize, it's not mounted, but we just learned this two days ago. Commissioner Allen: Sir -- Mr. Chairman -- sir, before you continue, could you crystallize the issue again? It's with respect to the tunnel, correct? Your concerns again -- Mr. O'Donnell: Yes, it is. It's the effects of the tunnel on the four buildings proposed for the Riverfront West parcel. Commissioner Allen: Right. Mr. O'Donnell: What we -- the suggestion that the City brought to us was that we would design a foundation for the building that can bridge over the tunnel. The phase one project is a 462- foot tower, and in order to span 50 feet across a tunnel, the concrete matte foundation, which is supported on pile, which is under the building, would be about 30-feet thick, and -- in order to support the weight of this building, so this 30-foot thick matte foundation would need a certain clearance over the roof of the tunnel, which then places the tunnel, let's say, 36 feet below grade, and we've drawn, in this shaded area, this tunnel as it goes -- starts -- comes out from the river, goes underneath the buildings, clears the last building on the parcel, which you'll notice, north of Southwest 3rd Street, and then with a -- in the (UNINTELLIGIBLE) standard of five percent grade increase, it would take about 1,200 feet, or about a quarter of a mile, to get the tunnel up back to grade, so this is -- I believe the master plan wanted to bring the tunnel up in this area, and as you can see, in order for these buildings to be designed as they're presently approved, it's not possible to bring the tunnel up to that area, and then the -- but the final issue, of course, is the delay. We really can't start a realistic design until an alignment has been agreed to and studied, which would delay us six months, and then of course, there's a redesign time and the re - permitting, which is about a 12 to 15 month delay. Chairman Sanchez: Do we know the design of the tunnel? Do we know -- Ms. Garcia -Toledo: No. Chairman Sanchez: -- the exact location of the tunnel? Ms. Garcia -Toledo: No. City of Miami Page 56 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Mr. O'Donnell: No, sir. Chairman Sanchez: Do we know -- Ms. Garcia -Toledo: No. Your feasibility study, as I understand it and we were told by staff on Tuesday, is to take six months, and at that time, they would know the location. Now, if the location is under our property, then before we can design anything, we would have to know the exact location, the exact girth of the tunnel, how wide, how thick, all of its support, so all of its design would have to be done before our architects and engineers could then create this straddle monster foundation over the tunnel. Besides which, by admission of your own staff, this additional cost would be somewhere between 30 to 50 percent increase, if it could be done at all. Commissioner Winton.: On the foundation. Ms. Garcia -Toledo: On the foundation. Chairman Sanchez: On the foundation? Commissioner Winton: Not the whole project. Ms. Garcia -Toledo: Of all four buildings, of all four buildings because the four buildings are in a row, and even after the feasibility study, then we would have to wait for a specific design in order to create our foundation design. Now understand that even after our feas -- after your feasibility is done, this could go off -- this has to go off to the County, to the MPO (Metropolitan Planning Organization), to public hearings, and at any point of that time, someone could say, instead of a two-lane tunnel, as we're talking now, if we're going to go underground, let's do four . The other issue that no one has looked at is the soil conditions. Everyone keeps saying to us -- Commissioner Winton: That's not accurate. Ms. Garcia -Toledo: New York can build over tunnels. Chicago get -- builds over tunnel. That's granite; we're on sand, so how close -- for example, his calculations are based on six feet separation between the bottom of our foundation and the top of the tunnel. We might find out that six feet between those two structures, that pressure is not enough and it needs to be even more, so -- Commissioner Allen: Mr. Chairman, if I can weigh in and Commissioner Winton -- Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yeah. I'm usually solution -oriented. The City is aware of this, correct, this issue that you're discussing, correct? Ms. Garcia -Toledo: I don't know. They hired consultants -- Commissioner Allen: All right. Ms. Garcia -Toledo: -- two weeks ago. I -- Commissioner Winton: It depends on -- Commissioner Allen: Well -- Commissioner Winton: -- which part you're talking about. City of Miami Page 57 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: Well, I guess, with respect to the tunnel issue. Commissioner Winton: 1 mean, she's putting -- Commissioner Allen: The -- Commissioner Winton: -- what is presented as facts on the table that aren't necessarily accurate Commissioner Allen: OK -- Commissioner Winton: -- relative to engineering -- Commissioner Allen: Right. Commissioner Winton: -- and soil conditions, and 1 don't think they brought an expert to the table that's capable of talking about those things, frankly. Commissioner Allen: Right. OK, assuming arguendo, why don't we -- would it -- sir. Here's what I'm trying to get at. Ms. Garcia -Toledo: Commissioner Allen -- Commissioner Allen: What if the City says it would take them six months in which to complete their study, what harm would accrue to you waiting and coordinating this with the City for additional six months? Ms. Garcia -Toledo: Let me try to quanta that. Actually, all we're going to know in six months is whether or not the project is going to take place somewhere within 100 feet, 150 feet -- Commissioner Allen: Right. Ms. Garcia -Toledo: -- into our property. Commissioner Allen: Right. Ms. Garcia -Toledo: At that point in time, if the answer is it will go there -- and we have offered other options that have been -- for location, which -- Commissioner Allen: Correct. Ms. Garcia -Toledo: -- have been turned down. The Miami River Commission has offered another site, where they have endorsed that this tunnel should go. If in fact, they tell us it's going to go here, then we are delayed indefinitely because not only do you have to actually design what the tunnel is, size, girth, you know -- Commissioner Allen: OK. Ms. Garcia -Toledo: -- all of the ex -- emergency exits, but you also have to take it through the public hearing process -- Commissioner Allen: Well, that's true. Ms. Garcia -Toledo: -- at the County and with the MPO. City of Miami Page 58 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: But help me out with the logic there. I'm still trying to determine what harm will accrue to you if it's delayed for an additional six months, in which -- and just opposed to what the City is attempting to do. I don't know -- Ms. -- is it proper for Ms. Lourdes to come on the record? Is this -- this is an open -- they're making their case. Would you want to respond or -- Mr. Chairman, that's -- Chairman Sanchez: Absolutely. He could have -- Commissioner Allen: I'm just curious because I'm trying to -- Chairman Sanchez: Commissioner, you -- Commissioner Allen: -- crystallize the issue. It seems -- Chairman Sanchez: -- could always refer to -- Commissioner Allen: Right. Chairman Sanchez: -- the City staff or the City Attorney for advice. That's -- Commissioner Allen: Right. Chairman Sanchez: -- what they're here for. Ms. Slazyk: Yeah. I'm not sure what the exact question is. We also have Mary Conway, who could probably -- Commissioner Allen: Right. Ms. Slazyk: -- answer more technical questions than me. Commissioner Allen: OK. Well, it seems to me it is an issue with respect to the tunneling, whether or not you can be in compliance with the grade, and it's going to take an additional time in which to -- Ms. Garcia -Toledo: Commissioner Allen -- Commissioner Allen: -- find out exactly where you are as to that issue, so I guess my question is -- and that's why I'm trying to get this issue crystallized -- I want to get the City's position, and if the City were to come and say, well, they need six more months to do what -- to make sure this is compliant with whatever plan there is, then what harm would it accrue to you for an additional six months? I mean, I'm trying to work out a compromise here, if we could. Luis Revuelta: Well, I just wanted to say a couple of things, and Commissioner Winton, normally -- Commissioner Allen: And I don't know if Commissioner Winton was listening -- Mr. Revuelta: My name is -- Commissioner Allen: -- but I'm trying to work out a compromise, if you will. Commissioner Winton: I have a plan. City of Miami Page 59 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: OK. Chairman Sanchez: All right. Sir, please state your name for the record. Mr. Revuelta: My name is Luis Reveulta, with Revuelta, Vega, Leon Architects. I'm the architect for the project. What we have seen happen is that tunnels are built under existing conditions. Commissioner Allen: Right. Mr. Revuelta: Normally, buildings are not -- Commissioner Winton: Excuse me, excuse me. Mr. City Attorney, we've got the architect up here now promoting himself as an expert on tunnel construction. Mr. Revuelta: And I was very careful -- Commissioner Winton: (UNINTELLIGIBLE). Mr. Revuelta: I was very careful not to say that, but -- Commissioner Winton: Not to say what? No. You're not talking about -- Mr. Revuelta: That I was a total expert. Commissioner Allen: But are you proffering yourself as an ex -- is he proffering -- Commissioner Winton: You're talking about conditions under which you build tunnels and you're an architect. Mr. Revuelta: Corret. Commissioner Winton: You're not an engineer. Mr. Revuelta: Correct, I'm not an engineer; I'm an architect. I'm graduated from the University of Miami. Commissioner Allen: Yeah, that's a significant point. If you're proffering yourself as an expert, you have to be qualified in that area, so it would be unfair to receive testimony in an area that you're not -- that you don't have the expertise in. Mr. Revuelta: Well, then 1--I'm speaking out of my personal beliefs. Commissioner Allen: OK. Commissioner Winton: Well, 1 don't think his personal belief should be part -- are we required to hear personal -- Commissioner Allen: Yeah, in fairness. Commissioner Winton: -- beliefs as part of the expert testimony? Mr. Fernandez: The applicant has limited time to make their complete application -- presentation. This is time that's running against them. Certainly, any testimony they want to put on the record, my instructions to you would be to give it the weight that you deem it appropriate, given the fact that he has either failed or succeeded at making his credentials in front of you. City of Miami Page 60 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Mr. O'Donnell: Well, Mr. Chairman -- Commissioner Winton: Well, Mr. -- no. Mr. O'Donnell: All right. I am a licensed professional structural engineer and 1 have designed tunnels, and we are the engineer of record for this building. Chairman Sanchez: All right. Is that -- Commissioner Winton: And he's put his testimony on the record 1 have a motion. Commissioner Allen: Yes. Commissioner Winton: My motion is a repeat of the first motion -- Commissioner Allen: OK. Commissioner Winton: -- which is approval of this project, this MUSP, with all the conditions, including the condition that I put on the record relative to foundation design. That's my motion. Commissioner Allen: I'!! second. Chairman Sanchez: All right. There's a motion and a second. It is open for discussion. Hearing no discussion, this is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The motion carries unanimously. Thank you very much. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: May 1 ask -- 1'd like to ask Lourdes one more question relative to PZ ( Planning & Zoning) -- Chairman Sanchez: 3? Commissioner Winton: PZ -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 2. Commissioner Winton: -- 2. Unidentified Speaker: And 3. Commissioner Winton: And that is, relative to the -- how do we monitor the minority hiring and minority contract issues? Ms. Slazyk: We don't have anyone that actually goes out to monitor. What happens is, the applicant gives us their minority participation policy and plan, as part of the MUSP (Major Use Special Permit); it's in all of your books. As a condition to the MUSP, they're required to abide by it. If a minority contractor feels that they went for work and they were discriminated against City of Miami Page 61 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 because they were minority, they could file a complaint, and the City would investigate. If indeed, a Major Use Special Permit holder, a developer, did not abide by their own minority participation plan, it is sufficient for this Commission to rescind their MUSP. Commissioner Allen: Good. Commissioner Winton: Oh, we could rescind? Ms. Slazyk: You could rescind their MUSP for noncompliance with -- Commissioner Winton: Well, but you're not -- Ms. Slazyk: -- conditions. Commissioner Winton: -- going to know that until they're already under construction, so you couldn't -- you -- the horse is out of the -- Ms. Slazyk: What would happen is they -- Commissioner Winton: -- barn. Ms. Slazyk: -- would basically be found out of compliance with their MUSP, and it would proceed like a code enforcement action, but the City -- Commissioner Winton: Could you deny the CO (Certificate of Occupancy)? Ms. Slazyk: I'm not sure. I'm not sure. Commissioner Winton: OK. Ms. Slazyk: You could -- Commissioner Winton: Well, just -- Ms. Slazyk: -- deny any other permits that they need. Commissioner Winton: OK. I just want to make sure that we're monitoring. There was a commitment put on the record and 1 want to make sure that we're watching that, and that that commitment is absolutely -- Ms. Slazyk: Yeah, just so you know -- Commissioner Winton: -- fulfilled. Ms. Slazyk: -- through Code Enforcement, penalties could be imposed -- Commissioner Winton: OK. Ms. Slazyk: -- including foreclosure, you know. Commissioner Winton: Great, OK. Ms. Slazyk: So -- Commissioner Winton: Thank you. City of Miami Page 62 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Slazyk: OK. PZ.3 04-01282 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 03-1235 (THE FORMER MIAMI RIVER VILLAGE), PURSUANT ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT EAST PROJECT, TO BE LOCATED AT APPROXIMATELY 300, 350 AND 400 SOUTH MIAMI AVENUE AND 15, 24, 25 AND 39 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: INCREASE THE NUMBER OF RESIDENTIAL UNITS FROM 1,304 TO APPROXIMATELY 1,424 UNITS; AND DECREASING THE NON- RESIDENTIAL USES FROM 101,157 SQUARE FEET TO APPROXIMATELY 94,794 SQUARE FEET. THE PROJECT WILL NOW CONSIST OF THREE MIXED -USE STRUCTURES VARYING IN HEIGHT AS SPECIFIED HEREIN TO BE COMPRISED OF APPROXIMATELY 1,424 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 41,994 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 52,800 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,671 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 63 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-01282 Exhibit A.PDF 04-01282 Exhibit B.PDF 04-01282 Exhibit C.PDF 04-01282 Aerial Map.pdf 04-01282 Analysis.PDF 04-01282 Application & Supp Docs.PDF 04-01282 Article I - Project Information.PDF 04-01282 Article II - Description.PDF 04-01282 Article III - Supporting Documents.PDF 04-01282 Cross Access Agreements.PDF 04-01282 Directory of Principals.PDF 04-01282 Disclosure of Ownership.PDF 04-01282 Economic Impact Study.PDF 04-01282 Fact Sheet.pdf 04-01282 Fire Department Comments.PDF 04-01282 Legislation.PDF 04-01282 Miami River Comm Comments.PDF 04-01282 Miami -Dade Water & Sewer Comments.PDF 04-01282 Minority Const Empl Plan.PDF 04-01282 MUSP Application.PDF 04-01282 Ownership Affidavit.PDF 04-01282 PAB Reso.PDF 04-01282 Parks & Recreation Comments.PDF 04-01282 Plans.pdf 04-01282 Pre -Application Comments.PDF 04-01282 Project Data Sheet.PDF 04-01282 Public Works Comments.PDF 04-01282 Public Works Platting Letter.PDF 04-01282 School Board Comments.PDF 04-01282 Site Utility Study.PDF 04-01282 Survey of Property.PDF 04-01282 Table of Contents.PDF 04-01282 Traffic Impact Study I.PDF 04-01282 Traffic Impact Study II.PDF 04-01282 UDRB Reso.PDF 04-01282 URS Letter.PDF 04-01282 Zoning Atlas.PDF 04-01282 Zoning Map.pdf 04-01282-Letter-Miami River Commission.pdf REQUEST: Major Use Special Permit Substantial Modification for the Riverfront East Project LOCATION: Approximately 300, 350 and 400 S Miami Avenue and 15, 24, 25 and 39 SW 4th Street APPLICANT(S): Neo Epoch 1 Ltd. and Douwntown River Village, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. City of Miami Page 64 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 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. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the Riverfront East Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0067 Chairman Sanchez: Now, we're going to move on, 1 believe, to PZ.3. Vice Chairman Gonzalez: What about -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 2. Vice Chairman Gonzalez: -- PZ2? Ms. Slazyk: Yeah. Chairman Sanchez: Well -- Ms. Slazyk: 2 and 3 are -- they're kind of together. Chairman Sanchez: -- they're companion, but I think it's important that we -- they're both companion, so -- they want to listen to 3 before 2. I mean -- Commissioner Winton: Who does? Chairman Sanchez: -- is there an objection to -- the applicant. Commissioner Winton: Oh, OK. That's fine with me. I don't mind. Chairman Sanchez: Doesn't matter to me. 1 mean -- Commissioner Winton: That's fine. Chairman Sanchez: All right. PZ 3. City of Miami Ms. Slazyk: PZ. 3, this was continued from the meeting of December 9, 2004. It is a Major Use Special Permit for the Riverfront East Project, consisting of a total -- it was actually a modification. It was originally approved as a different major use. They're seeking to increase the number of units from 1,304 to approximately 1,424; decreasing the nonresidential uses from 101,157 to 94,794, containing about 1,424 multifamily residential units, 41,994 square feet of retail, 52,800 square feet of office, and approximately 1,671 total parking spaces. It was Page 65 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 recommended for approval, with conditions, to the Commission from the Planning Advisory Board, and from the Planning and Zoning Department. Chairman Sanchez: All right. Is the applicant prepared with the presentation? Vicky Garcia -Toledo: Yes, sir. Chairman Sanchez: OK. Is there anyone here in opposition on this item? Commissioner Winton: Just keep whatever key points you want because we're going to -- Chairman Sanchez: OK. Commissioner Allen: Mr. Chairman, before we begin, 1'd like to chime in and just reiterate what Mr. Cutler said earlier, Mr. Charles Cutler, in terms of the participation -- the minority participation and -- at the contract and subcontractor participation plan, which is, of course, I'm pretty sure that we require, and that the developer be made aware of it to put forth best efforts, if you will, because I believe it's a best efforts type of approach at this juncture. Ms. Slazyk: Yes. Each one of the Commissioners got a book for this Major Use Special Permit. In that book is the contractors and subcontractors minority participation plans. Commissioner Allen: Right. Ms. Slazyk: As part of the Major Use Special Permit, we're requiring them to abide by the plans that they gave us themselves. Commissioner Allen: Right. Thank you. Chairman Sanchez: All right. Ms. Garcia -Toledo: Good morning. For the record -- Chairman Sanchez: Ma'am, always a pleasure to have you here at City Hall. Ms. Garcia -Toledo: Thank you. Vicky Garcia -Toledo, with office -- with the offices of -- the firm Bilzin Sumberg, at the Wachovia Center, and I'm joined today by Carlos Gimenez, my associate, and Dylan Reingold, and the entire development team for what will be one of most exciting projects that you're going to have in a long time in your downtown because it is a combined landmass of over 16 acres, and the one before you is what we call Riverfront East, to differentiate between the east and the west parcels. You will see that the second panel has an avenue, a boulevard through the center that separates the east parcel from the west parcel, and as Lourdes said, this is a project that comes before you with absolute approval of each and every single group in the City, every lower board,- the Miami River Commission, the HEP (Historic and Environmental Preservation) Board, because it is in an archaeological zone. You had previously approved a project, a Major Use Special Permit for this site, approximately a year ago. At that time, it was just the eastern parcel. Tony Cabrera, who has been a total visionary when it comes to this project, found the Ardid family to develop the west side, under their company name Key Development, and so Tony submitted himself to this modification so that the two projects would be more coordinated, and hired Luis Revuelta to actually do the design for the project. Basically, you've heard from Lourdes that -- the numbers on the project and, in order to expedite, I'll be happy to answer any questions you have. Commissioner Winton: I only have one question. I'm looking at the garage elevation on those two renderings on the floor, and the elevation on the renderings to the left -- the -- you can't tell City of Miami Page 66 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 you have a garage. The elevation on the renderings to the right, 1 mean, it looks very much like garages. Yeah, that one looks -- you can't tell you've got garages there on the pedestal --1 mean, on the platform, but on the next elevation, those look -- that looks very much like a garage Commissioner Allen: Is there an -- Ms. Garcia -Toledo: This is the west (UNINTELLIGIBLE). Commissioner Winton: Oh, that's west, and it's right up against -- Unidentified Speaker: The Metrorail. Commissioner Winton: OK. That's what that said, but 1 wasn't -- I just wanted -- that's all. That's all I wanted to know. Unidentified Speaker: OK. Commissioner Winton: I would move for -- what am I moving? -- for approval of this project in keeping with staff and all the other board findings. Chairman Sanchez: All right. There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- to approve. There's a second. Before we vote on the issue or open it up for discussion, once again -- Ms. Garcia -Toledo: Miami River Com -- excuse me. Chairman Sanchez: Excuse me. Ms. Garcia -Toledo: Miami River Commission would like to put their comments on the record, if you would allow them. Chairman Sanchez: They will, and that's why we're opening it up for the public. Is there anyone from the public wishing to address this item, please step forward. We have a representative from the Miami River Commission, who knows City Hall very well. Ashley Chase: Ashley Chase, assistant managing director, Miami River Commission. I would just like to submit this letter quickly into the record. "Dear Honorable Commissioners: This letter serves as the Miami River Commission's official statement to all City Commissioners, requested in City Resolution 00-320, regarding January 27, 2005, City Commission agenda items PZ 2 and PZ.3, which impact the Miami River. On September 13, 2004, Ms. Vicky Garcia - Toledo, Bilzin Sumberg, Mr. Luis Revuelta, Revuelta Leon Architects, Mr. Tony Cabrera, Epoch Development, and Mr. Frank Guerra, Neo Concepts, presented the Riverfront East and Riverfront West MUSPs (Major Use Special Permits) to the Miami River Commission. The subject property is located on the River's north shore, between South Miami Avenue and Metrorail. The MRC (Miami River Commission) unanimously found the mixed -use development to be consistent with the award winning Miami River Corridor Urban Infill Plan's recommendations for this downtown lower river property, which has been vacant for decades. In addition, the Miami River Commission unanimously found the project to be consistent with the Miami River Greenway Action Plan, in providing a publicly accessible 20-foot wide river walk, featuring a 16-foot wide unobstructed pedestrian path and a minimum 4-foot passive area with landscaping, lighting, benches and other amenities within the building's 50 foot setback from the City of Miami Page 67 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 shoreline. The project's first floor features restaurants and retail connecting to the riverwalk. " Chairman Sanchez: Thank you very much. Ms. Chase: You're welcome. Chairman Sanchez: Discussion on the item -- or anyone else from the public wishing to address this item? Seeing none, hearing none, for the record, the public hearing is closed We bring it back to the Commission for discussion. Commissioner Allen, you're recognized. Commissioner Allen: Yes, just a quick question. Lourdes, please. Lourdes. Excuse me. Yeah, right. I'm just curious, is there any monetary benefit flowing from this project into the Affordable Housing Trust, by any chance? Ms. Slazyk: I don't believe so. I think that -- Commissioner Allen: Because I know they're asking for an increase in residential units, and they're -- Ms. Slazyk: Right, in between the first MUSP and this MUSP, but the -- this property is FAR ( Floor Area Ratio) and the fact that they're on the water and get a bog gross lot area, I don't think they needed to do that. Commissioner Allen: Oh. Ms. Garcia -Toledo: There is no request for -- Commissioner Allen: Or a requirement in this case? Ms. Garcia -Toledo: -- bonuses in this project. There is no request for any bonuses. Ms. Slazyk: No. Commissioner Allen: All right. Chairman Sanchez: All right. Mike Wilson: I've got something briefly to say. Chairman Sanchez: Well, listen, we closed the public hearing. Commissioner Allen: Closed the public meeting -- hearing. Chairman Sanchez: We had -- I even asked -- you were sitting there and I asked -- Commissioner Allen: Yes. Chairman Sanchez: -- you to talk and you said no. I'll open it up again -- Mr. Wilson: 1 do appreciate it. Chairman Sanchez: OK. Please state your name for the record. Mr. Wilson: Mike Wilson, World Class & Associates. I'm a painting contractor here in the downtown area, and you know, it's a lot of development going on in the area, but I see no black City of Miami Page 68 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 contractors, you know. I see no painters. I see no people that build the shell, you know, that provide those, you know, type of services, and I would ask if the Commission -- to make sure that, if you know anything that goes, you know, up in the area, that some minority participation - Commissioner Allen: Right. Mr. Wilson: -- would be -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yeah. Just to weigh in on that, that's a very interesting point, and as 1 asked the developer earlier at the outset, as part of the approval of this MUSP, if you will, Lourdes, that's a requirement that has to be met. Can we have the developer go on record and expound on it, if you will, with the concerns of Mr. Mike Wilson here? He makes a very valid point and, as you know, this is a requirement of the MUSP process. Ms. Garcia -Toledo: Commissioner, certainly, 1 would relay what your staff had put on the record previously. Your Major Use Special Permit process and the application itself requires that every applicant have a minority participation, and that is part and parcel of the MUSP book Commissioner Allen: Great. Ms. Garcia -Toledo: -- that every board member gets. Commissioner Allen: Right, great. Ms. Garcia -Toledo: And, of course, the applicant, who is the developer of the project, is totally committed to that effort. Commissioner Allen: Right, but with all due respect, his question is, yes, it's there on the books - Mr. Wilson: Right. Commissioner Allen: -- but he wants to see some -- if you will, a manifestation of that. Can you point -- or is the developer here? Can he get some idea or give me some variables? Have you guys planned it out? At what juncture -- have you already identified these available minority contractors, because here's a gentleman say he's a painter. Ms. Garcia -Toledo: No, sir. When we come before you, we come with a design package. We have no construction drawings. Commissioner Allen: Right. Ms. Garcia -Toledo: We have not -- the ability of having -- of pricing the project and hiring a general contractor, who is then -- Commissioner Allen: Right. Ms. Garcia -Toledo: -- the person in charge. Commissioner Allen: Right, but what would you advise this gentleman? Should he contact the developer? He's here now; should he talk with the developer before you leave to make sure he -- City of Miami Page 69 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 there's some level of market opportunity for him? Ms. Garcia -Toledo: Absolutely, and -- Commissioner Allen: I mean, I can't micromanage your project in any way, but -- Ms. Garcia -Toledo: 1 understand Commissioner Allen: -- clearly, I have the right, as a Commissioner, to make sure that this is completely compliant with the Minority Participation Employment Plan because -- Ms. Garcia -Toledo: If we can -- Commissioner Allen: -- if you recall, the whole objective of this is to help all of the citizens of the City of Miami, so they can become a part of the economic mainstream so that they can, of course, buy homes and so that they can bring new assets on line with the City, thus, more ad valorem taxes come to the City, so it has a ripple effect, if you will -- Ms. Garcia -Toledo: Absolutely. Commissioner Allen: -- a beneficiary effect to the City overall, so can you give this gentleman some guarantee, if you will? Ms. Garcia -Toledo: Guarantee -- Commissioner Winton: A guarantee of -- what do you mean, a guarantee? Commissioner Allen: Well, at least, pursuant to the -- Commissioner Winton: I mean, 1 thought your request was to get the gentleman introduced to the developer -- Commissioner Allen: Yeah. That's what -- right. Commissioner Winton: -- and other developers, and I think that's -- Commissioner Allen: And some effort to that extent. Ms. Garcia -Toledo: We would be happy to speak to him and get his information -- Commissioner Allen: Yeah. Ms. Garcia -Toledo: -- and, down the line, when we choose a general contractor, certainly pass his information on to the -- Commissioner Allen.: Right. Ms. Garcia -Toledo: -- general contractor -- Commissioner Allen: Yeah, and I think it's only fair. Ms. Garcia -Toledo: -- as one of -- as a viable subcontractor. Commissioner Allen: That's fair. City of Miami Page 70 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Winton: And encourage the general contractor to take minority vendors into serious consideration. Commissioner Allen: Right. Ms. Garcia -Toledo: Of course. Commissioner Winton: And figure out how to get them to the table. Ms. Garcia -Toledo: Absolutely. Commissioner Allen: Yeah. Mr. Wilson: Well, I'm sure we can -- Commissioner Winton: This isn't a debate. Mr. Wilson: -- waive some competitive bidding on some of the -- Commissioner Winton: 1 can guarantee you they do competitive bidding. Commissioner Allen: Yeah, there'll be competitive bidding, right, but -- Mr. Wilson: All right. Thank you. Commissioner Allen: Thank you, so you have a market opportunity. Commissioner Winton: But getting locked into the process so that you're recognized to be a competitive bidder is probably one of the most important ingredients there, so that's what -- why you're going to give them your card and have an opportunity to meet with them so that your card gets moved around more. Chairman Sanchez: All right. Any further discussion on the item? If not, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes unanimously. PZ.4 04-01177 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 02-1065, PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SOUTH BAYSHORE TOWER PROJECT LOCATED AT APPROXIMATELY 1300 BRICKELL BAY DRIVE, 1390 BRICKELL BAY DRIVE, 183 SOUTHEAST 14TH STREET, 171 SOUTHEAST 14TH STREET, AND 180 SOUTHEAST 13TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: THE ADDITION OF 0.19 ACRES OF LAND WHICH IS ADJACENT TO THE APPROVED MUSP PROPERTY; INCREASED THE NUMBER OF RESIDENTIAL UNITS FROM 347 TO APPROXIMATELY 364 UNITS; DECREASED THE NUMBER OF PARKING SPACES FROM 516 TO APPROXIMATELY 501 SPACES; City of Miami Page 71 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 INCREASED THE FLOOR AREA FROM APPROXIMATELY 338,809 SQUARE FEET TO APPROXIMATELY 447,989 SQUARE FEET; AND APPROXIMATELY 10,000 SQUARE FEET OF RETAIL; INCREASED THE BULDING HEIGHT FROM 40 TO 47 STORIES; INCREASED THE RETAIL AREA FROM APPROXIMATELY 11,902 SQUARE FEET TO APPROXIMATELY 21,388 SQUARE FEET; REDUCTION OF THE PARKING PODIUM BY TWO FLOORS; APPROVAL OF A CLASS II SPECIAL PERMIT FOR THE REDUCTION IN SIZE OF ONE LOADING BAY FROM 12' X 55' TO 12' X 35'; EXTENSION OF THE MUSP EXPIRATION DATE TO SEPTEMBER 26, 2006; 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. 04-01177 Exhibit A.PDF 04-01177 Exhibit B.PDF 04-01177 Exhibit C.PDF 04-01177 Aerial Map.pdf 04-01177 Intent Letter & Supp Docs.PDF 04-01177 Legislation.PDF 04-01177 MUSP Analysis.PDF 04-01177 MUSP Fact Sheet.pdf 04-01177 PAB Reso.pdf 04-01177 Plans.PDF 04-01177 Pre -Application Comments.PDF 04-01177 UDRB Reso.PDF 04-01177 Variance Analysis.PDF 04-01177 Variance Application & Supp Docs.PDF 04-01177 Variance Fact Sheet.pdf 04-01177 ZB Reso.PDF 04-01177 Zoning Map.pdf 04-01177-Letter-Point View Assoc..pdf 04-01177 Exhibit A Modified.pdf REQUEST: Major Use Special Permit Substantial Modification for the South Bayshore Tower Project LOCATION: Approximately 1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street and 180 SE 13th Street APPLICANT(S): South Bayshore Tower, LLLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on July 21, 2004 by a vote of 3-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 6, 2004 by a vote of 8-0. ZONING BOARD: Recommended denial of a variance to City Commission on September 13, 2004 by a vote of 8-1, resulting in the withdrawal by the applicant of this request. See revised plans as part of backup. City of Miami Page 72 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 *See supporting documentation. PURPOSE: This will allow a substantial modification to the South Bayshore Tower Project. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Absent: 2 - Commissioner Sanchez and Regalado R-05-0070 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is a consideration of a substantial modification to a Major Use Special Permit. This was originally approved as the South Bayshore Tower Project, at 1300 Brickell Bay Drive and 1390 Brickell Bay Drive, along 14th -- between lath and 14th Street. The modification is in order to increase the number of units from 347 to 364. The primary reason that this is a substantial modification is because they acquired more land. Originally, the project was approved. It was an L-shaped parcel. They've acquired the missing piece to square off the land. Commissioner Allen: I see. Ms. Slazyk: They're proposing to decrease the number of parking spaces from 516 to 501. They still comply with Code; they have not gone below. Increasing the floor area from 338,809 to approximately 447,989 square feet; this is by adding the 27 additional residential units and approximately 10,000 square feet of retail. The Planning and Zoning Department has recommended approval, with conditions. It was also recommended for approval, with conditions, by the Planning Advisory Board. I do want to put in the record, the original request for this modification included a time extension request till September 26, 2006; that's not necessary for them to request. As a substantial modification, they will get two years from today's date to get a building permit -- Commissioner Allen: Great. Ms. Slazyk: -- so that can be removed. Also, the original application included some variances. I just wanted to clari6) for the record that the variances for the original portion do remain in effect. The additional portion, the new stuff that's here before you tonight, the applicant had originally requested a variance for that new portion. We had recommended denial of the new variance, and they have since withdrawn it and redesigned the project. Commissioner Allen: Great. Ms. Slazyk: There was some discussion at the Planning Advisory Board about the design of the new section. It would have been the preference of the Planning Department, when they acquired the new land for this property, that a whole new project be designed for the land because it was a different shape, but the applicant had already gone into the construction documents of the original MUSP. They had not anticipated acquiring this new land, so rather than designing a new building, what we did was work diligently with them to get the best design for this addition as possible, and it really is coming down to the articulation of the garage. They have some parking on the upper levels, and we've gone through different iterations of articulation, and in our conditions, our conditions go to exactly that, that liner would have been preferenced, but in the absence of that, we would like to keep working with them on the articulation of that garage. Commissioner Allen: So, Lourdes -- Ms. Slazyk: 1 believe the applicant's going to present the one that they want you to approve City of Miami Page 73 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 today. Commissioner Allen: But the parking garage issue, it would be hiddenfrom -- Ms. Slazyk: That's exact -- Commissioner Allen: -- view. It won't appear as if it's -- Ms. Slazyk: Our conditions specifically say that the cars shall be hidden from view. Commissioner Allen: Right. Ms. Slazyk: They have to design it, bringing elements of the architecture down through the garage -- Commissioner Allen: Take down -- some effort, OK. Ms. Slazyk: -- so that it looks like it's part of the building and not an afterthought. Commissioner Allen: Right. Ms. Slazyk: And we also -- what they did comply with was ground floor retail and pedestrian activity, so at least at a ground floor pedestrian level, it's fully activated. Commissioner Allen: OK, so, counsel -- Ms. Slazyk: So -- Commissioner Allen: -- address that parking garage issue. Ms. Slazyk: Yeah, and we're really down to the articulation -- Adrienne Pardo: Yes. Ms. Slazyk: -- of this garage. Chairman Sanchez: All right. Is the applicant -- Commissioner Winton: Mr. -- Chairman Sanchez: -- ready for the presentation? Commissioner Winton: 1 got a couple of questions, though, that I want to get answered before -- Chairman Sanchez: Commissioner Winton. Commissioner Winton: -- we get there. I'm just curious why we increased the number of units, but we decreased parking. We increased FAR (Floor Area Ratio) by 100,000 square feet, increased building height by seven stories, but again, we decreased parking. Did you answer that when I was -- Ms. Slazyk: Right. They -- Commissioner Winton: -- I was still -- City of Miami Page 74 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Slazyk: -- still meet Code. They had so much excess when the first project was approved -- Commissioner Winton: Oh, OK. Commissioner Allen: Right. Ms. Slazyk: -- that even increasing -- it's only 27 units. It wasn't a huge number. Ms. Pardo: Actually, 17. Ms. Slazyk: 17 units, OK. Ms. Pardo: It was 17. Commissioner Allen: All right. Ms. Slazyk: Yeah, my record says 27. Commissioner Winton: OK, fine. That -- Ms. Slazyk: They're still above Code. Commissioner Winton: Got it. Commissioner Allen: I see, right, and we get a monetary benefit Affordable Housing Trust from this, right? Ms. Pardo: Yes. Ms. Slazyk: Yes. Commissioner Allen: Right? Yeah. Ms. Slazyk: Actually, they already paid for the first part, and they'll owe us a second check if this is approved. Commissioner Allen: Great. Thanks. Vice Chairman Gonzalez: All right. This is a public hearing. Oh, you need to make your presentation. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of the property owner, South Bayshore Tower, LLLP. With me today is Kenneth Baboun, owner and developer, Carlos Olmos, project manager, Suria Yaffer, with Zyscovich & Associates, as well as Michael Hennessey. I will address the issues that Commissioner Allen had wanted me to focus on, and then I can address any other questions, but just to let you know, the last time we were here, Commissioner Winton had asked us to meet again with the Point View Homeowners Association, which we did meet with them and they have submitted a letter of support, which I'm going to give a copy and we'll put it in the record, as well. With regards to the parking structure and it being screened, we have a design before you that we would like you to review that we believe complies with all the conditions. Of condition number II in the MUSP, we're requesting that that one provision be removed for the following reasons: One, staff has acknowledged and 1 think they've accepted that we can't put liner units along there, but we do have liner on the groundfloor, so the groundfloor now is completely activated with retail use, but it's above that that we can't put liner uses because the project had City of Miami Page 75 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 already had the working drawings completed at the time my client bought the project and then bought the additional land. However, what we have done -- and I will have the architect walk you through it -- we have met all the other provisions that staff was asking us to do, with regards to screening the garage, making the windows smaller -- and I'm going to call Suria up right now so she can walk you through that, and then, Commissioner Winton, if you would like me to go through the parking, I have a breakdown, and just so you know, we have an excess -- Commissioner Winton: I don't need it. Ms. Pardo: OK -- of 111 parking -- Commissioner Winton: But didn't Lourdes already say that -- I mean, I'm not sure -- you're asking for the removal of a condition that I thought Lourdes was recommending that we do remove. Am I confused? Ms. Slazyk: No, no, you're not confused. The way condition 11 reads -- it's all the designed related condition. Commissioner Winton: Yeah. Commissioner Allen: Right. Ms. Slazyk: The beginning of condition 11A still talks about the desire for liner -- real habitable space -- Commissioner Winton: And that's what they want out. Ms. Slazyk: And that's what they want out, and the rest of it, they agree with, which is -- has to do with how they're actually going to articulate this thing. Commissioner Winton: So if we would -- Madam Counsel, if we would agree to take out that -- those couple of words that relate to liner -- Adrienne, if we agreed to take out those words related to liner, do we have to hear a long presentation about something? Ms. Pardo: You don't. Although, I would just like that language taken out because I want it -- I want the -- Commissioner Winton: The language about the liners. Ms. Pardo: Right, the liners. Commissioner Winton.' That's what I'm asking you. If we agree to take that language out, but the language stays in relative to you -- you're going to continue to work with staff on -- Ms. Pardo: Well, we've done all that and we would like you to bless it. We have -- Commissioner Winton: I think -- Ms. Pardo: Because we'd like to get a final today, and so, we're not going back and forth -- Commissioner Winton: We don't ever do that. Ms. Pardo: -- with staff. Commissioner Winton: When did we do that? City of Miami Page 76 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Pardo: Otherwise, we don't have any finality. Commissioner Winton: Yeah, we don't ever do that. We always approve these things with the condition that you work with the Planning Department to finalize a few things moving forward. We don't ever approve these things and, you know, everybody's done. Ms. Pardo: Well, if you're happy with it -- Commissioner Winton: I've never approved one of those. I'm not going to today, either. Ms. Slazyk: And just for the record, what they want is IlA gone; B, C and D would stay, which is the details of the articulation, so IIA is what they want gone. Commissioner Allen: 11A -- Commissioner Winton: But what do you want done? Ms. Slazyk: And the Planning Advisory Board recommended that 11A be deleted, as well. Commissioner Allen: OK. Commissioner Winton: But 1 want to hear what you're recommending. Ms. Slazyk: In an absolute perfect world, it would have been great if they could put liner units there -- Commissioner Winton: Yeah, but they can't, so -- Ms. Slazyk: -- but we understand they can't -- Commissioner Winton: Yeah. Ms. Slazyk: -- so I would concur with removing 11A. Commissioner Allen: OK. Commissioner Winton: OK, fine. Commissioner Allen: I 1 A. Commissioner Winton: So does that -- Vice Chairman Gonzalez: All right. Commissioner Winton: Anything else in your presentation? Vice Chairman Gonzalez: Anything else? Commissioner Allen: Right. That -- Commissioner Winton: Hello? Adrienne. Commissioner Allen: That addresses the issue. City of Miami Page 77 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Pardo: So you don't want to see the building as it addresses the other ones? You want us to just get staff to bless it? Commissioner Winton: Yeah. I mean, yes, because they're going to -- they know what we want. They're going to take care of it. They're the experts in that regard anyhow, not me, and so -- Ms. Slazyk: And it does say that the -- Chairman Winton: And y'all have worked together very well. Ms. Slazyk: -- vehicles have to be hidden from view. They -- Commissioner Allen: Right. That's -- Ms. Slazyk: -- we don't want to see cars. Commissioner Allen: That was my concern, so that's -- Ms. Slazyk: And it says that. Commissioner Allen: Right, and the staff will advocate -- Surma Yaffer: All vehicles are screened from views. Commissioner Allen: -- the Commissioners' position. Vice Chairman Gonzalez: All right. Does that -- Ms. Pardo: OK. Vice Chairman Gonzalez: -- conclude your presentation? Commissioner Allen: Yes. Commissioner Winton: Then I move -- Vice Chairman Gonzalez: Just a second. Commissioner Winton: -- adoption of -- Vice Chairman Gonzalez: Just a second, Commissioner. Commissioner Winton: Oh, I'm sorry. Vice Chairman Gonzalez: This is a public hearing. Anybody in opposition of this item? Seeing none, we close the public hearing. Commissioner Winton. Commissioner Winton: Move acceptance of this application with con -- with all the recommendations, including the recommendation that -- paragraph what? Ms. Slazyk: 11A -- Commissioner Allen: 11A, 11A. Ms. Slazyk: -- be removed. City of Miami Page 78 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Winton: -- that paragraph 11A be removed. Vice Chairman Gonzalez: All right. We have a motion. Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. PZ.5 04-01443 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 ELLIPSE PROJECT, TO BE LOCATED AT APPROXIMATELY 1776 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A 273-FOOT, 24-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 267 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 6,793 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 438 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES SPECIFIED IN EXHIBIT " C;" 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 79 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-01443 Exhibit A.PDF 04-01443 Exhibit B.PDF 04-01443 Exhibit C.PDF 04-01443 Aerial Map.pdf 04-01443 Analysis.PDF 04-01443 Article I - Project Info.PDF 04-01443 Article II - Description.PDF 04-01443 Article III - Supporting Docs.PDF 04-01443 Directory of Principals.PDF 04-01443 Disclosure of Ownership.PDF 04-01443 Economic Impact Study.PDF 04-01443 Fact Sheet.pdf 04-01443 Legislation.PDF 04-01443 Minority Const Empl Plan.PDF 04-01443 MUSP Application.PDF 04-01443 Ownership Affidavit.PDF 04-01443 PAB Reso.PDF 04-01443 Plans.PDF 04-01443 Pre -Application Comments.PDF 04-01443 Project Data Sheet.PDF 04-01443 School Board Comments.PDF 04-01443 Site Utility Study.PDF 04-01443 Survey of Property.PDF 04-01443 Table of Contents.PDF 04-01443 Traffic Impact Analysis Letter.PDF 04-01443 Traffic Impact Study.PDF 04-01443 UDRB Reso.PDF 04-01443 Zoning Atlas.PDF 04-01443 Zoning Map.pdf REQUEST: Major Use Special Permit for the Ellipse Project LOCATION: Approximately 1776 Biscayne Boulevard APPLICANT(S): Thirteen Biscayne Associates, LLC and Morocco Enterprises, Inc. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on December 15, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Ellipse Project. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 80 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Absent: 2 - Commissioner Sanchez and Regalado R-05-0071 Vice Chairman Gonzalez:: PZ.5. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is a Major Use Special Permit for the Ellipse Project. It's located -- Adrienne Pardo: Thank you very much. Ms. Slazyk: -- at approximately 1776 Biscayne Boulevard, in the Wynwood/Edgewater NET ( Neighborhood Enhancement Team) district. This is in order to construct a 273-foot, 24-story high mixed -use structure. It will have approximately 267 multifamily residential units, approximately 6,793 square feet of retail and 438 parking spaces. Commissioner Winton: Where did you say this was? Ms. Slazyk: In -- on 1776 Biscayne Boulevard. Commissioner Winton: I thought you said Wynwood. Ms. Slazyk: It's Wynwood -- Vice Chairman Gonzalez: Edgewater. Ms. Slazyk: -- Edgewater NET -- Commissioner Allen: Yeah. Ms. Slazyk: -- district. Commissioner Winton: Oh, OK. Ms. Slazyk: We put the NET district in there, in the title. Commissioner Winton: Had me totally confused. I thought we moved something. Ms. Slazyk: No. It's been recommended for approval, with conditions, by the Planning Department and by the Planning Advisory Board. This does include the FAR (Floor Area Ratio) bonuses, but the project is very well designed, and we have -- our conditions go to some pretty minor design -related issues that we want them to complete before they get a building permit. Other than that, we recommend approval. Commissioner Allen: Right, and those -- Vice Chairman Gonzalez: All right. Commissioner Winton: Public hearing. Vice Chairman Gonzalez: Vicky. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo. I'm here on behalf of the Hanover Company of Texas, who is developing the Ellipse, and even the address of this project is nice, 1776 Biscayne Boulevard. This project, as you have heard from staff, comes to you with full City of Miami Page 81 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 approvals, and in order to expedite, what 1 will do is ask Monty Smith, who's the architect, to come forward and give you a quick walk-through. If not necessary -- Commissioner Allen: No, no. Ms. Garcia -Toledo: -- then we'll be happy to answer any questions you may have. Commissioner Allen: It's not. Vice Chairman Gonzalez: All right. This -- Commissioner Winton: Fabulous project. Vice Chairman Gonzalez: This is a public hearing. Anybody in opposition of this item? Seeing none, we close the public hearing. Commissioner Winton: Move -- Vice Chairman Gonzalez: Move to the Commission. Commissioner Allen: Second. Commissioner Winton: Move approval of the application, with conditions by everybody. Vice Chairman Gonzalez: OK. We have a motion for approval and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: It's a resolution. Commissioner Winton: Very attractive project. Vice Chairman Gonzalez: Motion carries. Ms. Garcia -Toledo: Thank you. PZ.6 04-01444 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE MARQUIS PROJECT, TO BE LOCATED AT APPROXIMATELY 1100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A 679- FOOT, 63-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 362 TOTAL UNITS (306 RESIDENTIAL UNITS + 28 X 2 HOTEL ROOMS) WITH RECREATIONAL AMENITIES, APPROXIMATELY 5, 765 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 525 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 82 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-01444 Fact Sheet.pdf 04-01444 Analysis.PDF 04-01444 Zoning Map.pdf 04-01444 Aerial Map.pdf 04-01444 UDRB Reso.PDF 04-01444 Traffic Impact Analysis Letter.PDF 04-01444 Pre -Application Comments.PDF 04-01444 School Board Comments.PDF 04-01444 PAB Reso.PDF 04-01444 Legislation.PDF 04-01444 Exhibit A.PDF 04-01444 Exhibit B.PDF 04-01444 Exhibit C.PDF 04-01444 MUSP Cover.PDF 04-01444 Table of Contents.PDF 04-01444 Article I - Project Info.PDF 04-01444 Letter of Intent.PDF 04-01444 MUSP Application.PDF 04-01444 Zoning Write-Up.PDF 04-01444 Zoning Atlas.PDF 04-01444 Project Data Sheet.PDF 04-01444 Computer Tax Printout & Deed.PDF 04-01444 Ownership List.PDF 04-01444 State of Florida Docs.PDF 04-01444 Directory of Principals.PDF 04-01444 Article II - Project Description.PDF 04-01444 Article III - Supporting Docs.PDF 04-01444 Minority Const Empl Plan.PDF 04-01444 Traffic Impact Study I.PDF 04-01444 Traffic Impact Study II.PDF 04-01444 Site Utility Study.PDF 04-01444 Economic Impact Study.PDF 04-01444 Survey of Property.PDF 04-01444 Plans.PDF 04-01444 Sufficiency Letter.pdf 04-01444 Exhibit A Modif.pdf REQUEST: Major Use Special Permit for the Marquis Project LOCATION: Approximately 1100 Biscayne Boulevard APPLICANT(S): Pelican Hotel, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 6-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on December 15, 2004 by a vote of 7-0. *See supporting documentation. City of Miami Page 83 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 PURPOSE: This will allow the development of the Marquis Project. Motion by Commissioner Winton, seconded by Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0072 Vice Chairman Gonzalez: PZ.6. Commissioner Allen: PZ.6. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is a Major Use Special Permit for the Marquis Project. This is at 1100 Biscayne Boulevard. This is for a 679-foot, 63-story mixed -use structure. It's going to have 310 residential units and hotel rooms, with recreational amenities; 5,765 square feet of retail space, and 525 parking spaces. This was also recommended for approval, with conditions; a unanimous approval by the Planning Advisory Board. This is another very exciting project because of its location, and we're continuing to see these projects on this portion of the Biscayne Boulevard corridor. We have a few, just like the previous one, some very minor design -related issues we want them to complete before a building permit. Other than that, it's a recommendation for approval. Vice Chairman Gonzalez: All right. Commissioner Allen: Just -- Vice Chairman Gonzalez: Ms. Dougherty. Lucia Dougherty: Good morning, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the owner and the applicant, Jose Carlo, who is the project manager, is with me today. This is a Major Use Special Permit for the old Howard Johnson site, so with this Major Use Special Permit, you have new development on every single block, with the exception of the BP, all the way from One Miami, all the way to --1 mean -- every -- on every block, from the Freedom Tower, all the way to 1-395, so this is another one of the most fabulous buildings, done by Arquitectonica. I don't think that we need to go through it in detail, but 1 would like to put on the record that we would like to change the unit mix. We want to reduce the number of units from 310 down to 306, and we'd like to increase the number of hotel keys from 48 to 56. That is totally within your -- Ms. Slazyk: Yeah. Ms. Dougherty: -- density parameters. What we've learned from our hotel operator is anything less than 50 units is probably not manageable, so we've reduced the number of residential units. The building looks exactly the same, so if that -- Ms. Slazyk: Yeah, for the record, that's considered an absolute even swap because every two hotel rooms equals one unit for density -- Commissioner Allen: Good. Ms. Slazyk: -- so that's fine. Vice Chairman Gonzalez: All right. City of Miami Page 84 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: Right, good. Vice Chairman Gonzalez: Does that conclude your presentation? Ms. Dougherty: Yes, sir. Commissioner Allen: Yeah. Vice Chairman Gonzalez: OK. This is a public hearing. Anybody in opposition of this item, please come forward. Seeing none, hearing none, public hearing is closed. Commissioner Winton. Commissioner Allen: Mr. Chairman. Vice Chairman Gonzalez: Yes, sir. Commissioner Winton: Mr. Chairman. Commissioner Allen: I just -- Commissioner Winton: Oh, I'm sorry. Go ahead. Commissioner Allen: I'd just like to weigh in quickly with respect to what has been suggested in earlier cases, with respect to the minority participation and employment plan, particularly that -- what Mr. Winton expounded on, to make sure that there's an effort brought by the City to monitor and some assurance from Ms. Dougherty and, of course, you do sit on a very significant board in my district, the Model City Trust, so you do understand my concerns with making sure that the developer does follow this particular minority employment plan, if you will. Ms. Dougherty: I will. Vice Chairman Gonzalez: All right. Ms. Dougherty: But you know, this is something interesting. I know that Johnny Winton has come to the district, and which, if you look outside of my window from my office, there are five buildings under construction as we speak, and 1 can tell you that his concern -- Johnny Winton's concern was, are we employing City of Miami residents? Commissioner Allen: As well. Ms. Dougherty: I can tell you that we are employing minorities, and not just Hispanic minorities . We're employing a lot of African -American minorities on those construction plans because I can see them from my office. Now, one of his issue was not that -- it's not only do we want to have minority employment, we want to make sure they're City of Miami residents -- Vice Chairman Gonzalez: Residents. Ms. Dougherty: -- as well, so we understand that concern and we're committed to it. Commissioner Allen: Thank you. Commissioner Winton: But I'm -- Mr. Chairman, I'm a little nervous about approving this because you think about what's there now versus where we're going. Let's see, we've got the Howard Johnson, that's always covered up with banners, or this. City of Miami Page 85 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Dougherty.: It's a hard decision, right. Commissioner Winton: Let's see, Howard Johnson with banners or this. Chairman Sanchez: What a big difference. Commissioner Winton: What a tough decision this is. Ms. Dougherty: I know. Commissioner Winton: That is absolutely -- Commissioner Allen: It is. Commissioner Winton: -- it's fabulous. What item is this, PZ.6? Ms. Slazyk: 6. Vice Chairman Gonzalez: PZ.6. Commissioner Winton: Move to adopt recommendations of staff and all the departments on PZ 6 Vice Chairman Gonzalez: OK. We have a motion -- Chairman Sanchez: Second. Vice Chairman Gonzalez: -- and we have a second. Vice Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: It's a resolution, so motion carries. Chairman Sanchez: All right. Ms. Dougherty: Thanks very much. PZ.7 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. City of Miami Page 86 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 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 LOCATION: Approximately 2947-2949 SW 22nd Terrace APPLICANT(S): Judy Galindo, Owner of Latin American Cafeteria -Restaurant APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow a modification to an existing covenant. CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to continue item PZ 7 to the Commission Meeting currently scheduled for March 24, 2005; further stipulating that within 24 hours, the owner of the property located at approximately 2947-2949 S.W. 22nd Terrace, shall place a barricade to prevent traffic from flowing onto 22nd Terrace through said property. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. My understanding is the applicant is here requesting a continuance on PZ.7 and -- Chairman Sanchez: Mr. Fernandez -- Ben Fernandez: That's correct, Mr. -- Chairman Sanchez: -- is your request to ask the continuance -- Mr. Fernandez: Yes, right. Chairman Sanchez: -- or defer the item to the third -- Commissioner Regalado: Wait, wait, wait, wait, wait, wait. The residents called my office and I told them that we are -- we're going to hear this this morning in a public hearing, and I think that there are several residents -- and, you know, I know that Ben has been working, but we have some residents and they need to know. I don't know what's going on. No one has ever explained that to me. Nothing has happened in the last 90 days. I did not participated in any settlement. This was done with no consultation with the area Commissioner, so I think we need to explain to the residents that are here what is going on. Would somebody do that? Mr. Fernandez: Commissioner Regalado, I'd be happy to do that. For the record, my name is Ben Fernandez, with law offices at Bercow & Radell, 200 South Biscayne Boulevard, on behalf of the applicant. Commissioner, I have received an assurance from my client that, at this point, City of Miami Page 87 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 there is no intention to utilize the rear of the property onto 22nd Terrace as an exit for vehicles. They -- my client fully intends to install a gate, as is required by the settlement agreement that we entered into with your City Attorney's Office, and they will do that immediately. To date, they have been unable to do that because there have been some physical impediments on 22nd Terrace due to Public Works improvements that are taking place there that have, altogether, prohibited that from happening. In addition, my client has recently been hospitalized. He was in a car accident; been unable to deal with applying for the permit. However, the intention, at this point, is not to utilize 22nd Terrace as an exit; only use it for emergency access, if necessary, and install the gate immediately, so we would request that this item be continued for two to three months to allow us to pull those permits and continue with the installation of the gate. Commissioner Regalado: But -- Ms. Slazyk: It would also require a modification to your -- Jorge L. Fernandez (City Attorney): Correct. Ms. Slazyk: -- request here. Commissioner Regalado: But it's being used now as entry and exit, now, as we speak. Ms. Slazyk: Right, and I believe that that case is what went to a -- Mr. Fernandez: Correct. Ms. Slazyk: -- special master, and there was a settlement. Mr. Fernandez: We're in court and -- Commissioner Regalado: No, no, no, no, no, no, no. No no. No, no. Tomorrow is 90 days. Mr. Fernandez: Correct. Commissioner Regalado: What the City Attorney did was to give them 90 days to comply. Mr. Fernandez: Correct. Commissioner Regalado: First of all, from day one, they -- according to the settlement, they should have had the gate, and then, for 90 days, the neighbors were to analyze if the gate worked for them, for the neighbors. The settlement was with the neighbors -- Mr. Fernandez: Correct. Commissioner Regalado: -- not with the City, and -- but 90 days had passed. There's no gate. There is a pile of dirt that was there because the contractor that was doing 22nd Terrace just forgot about the street and left work undone four weeks ago. There's a pile there, but the pile was removed about two weeks ago. The gate doesn't exist. There is an opening. People come and go, so 1 know what the settlement was, but I don't know if these are extraordinary circumstances or whatever, but the settlement has not been complied with. Mr. Fernandez: We're ready to go to court tomorrow. Commissioner Regalado: No, no, but is it yes or no? Mr. Fernandez: With regard to the circumstances? City of Miami Page 88 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Regalado: To the settlement. No, the settlement has not been complied with. Mr. Fernandez: No, it hasn't. Certainly, it hasn't. Commissioner Regalado: That's all 1 want to know. Mr. Fernandez: Commissioner, but our -- of course, our position is that it's been impossible to comply with it. The whole intention of the settlement was to have a trial period, probationary period where we could test the exit onto 22nd Terrace only. It's been impossible to do that because of the stones that were located on 22nd Terrace, so, yes, the gate wasn't installed by the applicant -- Mr. Fernandez: Mr. Chairman, excuse me to interrupt you. You're, in essence, hearing the item without calling the item, without opening -- you're just considering continuances of items, and so this discussion should stop now, and if the Commission wants to do something else other than continue it, then you should wait until it's properly called Chairman Sanchez: Let the Chair intervene. This item, with all due respect, Mr. Fernandez, and I have the utmost respect for you, this has been going on for a year, OK. The residents are here. They took time off of their busy schedule, time away from their family to be here. This has been going on for a year -- Mr. Fernandez: Um-hmm. Chairman Sanchez: -- and I think it's an injustice to them that we continue to ask for a continuance and we don't address the issue, especially when I'm being told by our City Attorney that the settlement -- and I am not aware of the settlement -- has not been enforced, so -- Mr. Fernandez: Perhaps, we could hear -- Chairman Sanchez: -- I'm telling you, either, one, you ask for a continuance. With all due respect, the district Commissioner could deny it or not, and we would proceed, but you know, it's been almost a year. Now you want three more months to find a solution to this, and there's already been a settlement that hasn't been complied with. I mean, you're basically sending the wrong message here, and I'm concerned. Mr. Fernandez: Well, Mr. Chair, I don't believe that's the case. I think we're sending the correct message. First of all, my client is now willing to not utilize 22nd Terrace as an exit. That's a change from their prior position. The modification to the covenant that we need at this point is simply to bring matters back to the status quo that existed a year ago, which is to wall -- to fence off -- Chairman Sanchez: All right. Mr. Fernandez: -- the exit. Chairman Sanchez: All right. You've made that point. Mr. Fernandez: And if the neighbors hear that, I think they'd be in favor of the continuance. Chairman Sanchez: Before we continue, one is, Commissioner Regalado, do you want the item to proceed, or are you willing to grant a continuance? Commissioner Regalado: Well, the problem is that I don't think that the residents understand the City of Miami Page 89 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 need to continue this. It's either 90 days or not, and I just don't know. I -- Mr. Fernandez: Perhaps, the residents -- Commissioner Regalado: -- would like to -- I would like to, if we can, at least hear from one resident to tell us -- because 1 don't --1 have not -- since this is a zoning matter, 1 cannot and I have not spoken to the residents. They only, by the dozens, call the office yesterday to find out at what time this item will be heard, so I figured there is interest in the residents to participate in this debate, so 1 will just want -- if we can only listen to one, 1 don't have any problem. 1 really don't think that they need 90 days to gate a place. That I -- I think 30 days will be enough, if this is the case, but I just want to hear some of the residents -- one. Chairman Sanchez: All right. The Commissioner -- it's -- do we -- the translate -- translator, please, is there anyone on this issue that would come up and maybe answer some questions that the district Commissioner may have pertaining to this item? Ondina Suarez (official Spanish interpreter): Well, for a fact, the lady here on the first row wants to speak to the Commission -- Chairman Sanchez: Oh, absolutely. Ms. Suarez: -- with regards to it. Chairman Sanchez: Su nombre, su direccion. Mr. Fernandez: Mr. Chairman, have you opened up this item? Chairman Sanchez: Well, this item, apparently, is going to be opened if someone's speaking from the public on it, so -- Mr. Fernandez: Correct. Chairman Sanchez: -- we could always open up the item, and if we continue to debate it, we could ask for a continuance, so the item, for the record, it is open. Commissioner Allen: So the item fully will be discussed? Aida Rodriguez: My name is Aida Rodriguez. 1 live in 2940 Southwest 22nd Terrace. The cafeteria is 2940 Coral Way. Our street is two-way street and our homes are very close to the street. In my left hand is a new condominium building that they have the exit and the enter from Coral Way. They don't like to do it in 22nd Terrace. In my right hand, crossing the street, is a family home. Behind that family home is the cafeteria. Just in front of my house was a duplex. Behind that duplex was the parking lot for the cafeteria. The cafeteria, they bought the duplex and they knocked down and they make an alley from Coral Way to 22nd Terrace. The truckers from Coral Way they escape and -- for 22nd Terrace because it's very busy, Coral Way, and it's a very dangerous position for us that the exit is there. I am just in front of them. If you like to see the pictures, you can have the idea. Commissioner Regalado: I live three blocks from there. Ms. Rodriguez: Oh, yes? Commissioner Regalado: 1 know. Ms. Rodriguez: Good. City of Miami Page 90 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Regalado: Yeah, I live in 20th Street. Mr. City Attorney, Mr. Chairman. Chairman Sanchez: Yes. Vice Chairman Gonzalez: Yes, sir. Commissioner Regalado: I would -- Mr. Chairman, I would ask for a deferral only with the condition that, within 24 hours, if it's the intent of this owner -- business not to use 22nd Terrace, that, within 24 hours, they have some kind of blocks or obstacles to block the exit on 22nd Terrace, while they do their planning and everything to the gate. If it is the intent of not use 22 nd Terrace -- I mean, if they don't have the blocks, I can take it to them, so if not -- if you agree with that, Ben? If not, I would -- Mr. Fernandez: Yes, sir. Commissioner Regalado: -- not like a deferral. Mr. Fernandez: And the item still has to come back to you because you still need to modem it -- Commissioner Regalado: I understand, I understand, but it has to be closed tomorrow. Mr. Fernandez: Exactly. That's understood. Mr. Fernandez: Commissioner, we would be agreeable to that. Chairman Sanchez: OK. Vice Chairman Gonzalez: OK. Chairman Sanchez: Based on that condition, the item has been deferred to -- I need a date. Ms. Slazyk: 30 days, 60 days? Chairman Sanchez: 30 days? Mr. Fernandez: But we need to -- Commissioner Regalado: It has to be closed tomorrow, so if they need -- Ms. Slazyk: 30 days. Commissioner Regalado: -- planning and permitting and all that, you can come back on 60 days, but -- Ms. Slazyk: 60 days. That would be -- Chairman Sanchez: Mr. Fernandez. Ms. Slazyk.' March 24. Mr. Fernandez: Yes, that's acceptable. Chairman Sanchez: 60 days. City of Miami Page 91 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Regalado: But we understand that needs to be closed with blocks. Mr. Fernandez: Yes. Commissioner Regalado: I mean -- Mr. Fernandez: Or with barricades? Ms. Rodriguez: Thank -- Commissioner Regalado: Barricades or whatever, you know. Chairman Sanchez: OK. The item will come back to this Commission meeting in 60 days, so therefore, need a motion to defer the item for -- Commissioner Regalado: Move it. Chairman Sanchez: -- 60 days. There's a motion by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Gonzalez, second by -- I'm sorry. There's a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Do we have any other items that we will like to defer or table? PZ.8 04-01387 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED AT NORTHEAST 17TH TERRACE EAST OF NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-01387 Exhibit A.PDF 04-01387 Aerial Map.pdf 04-01387 Application & Supp Docs.PDF 04-01387 Fact Sheet.pdf 04-01387 Legislation.PDF 04-01387 P&Z Analysis.PDF 04-01387 Public Works Analysis.PDF 04-01387 Public Works Letter.PDF 04-01387 ZB Reso.PDF 04-01387 Zoning Map.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately NE 17th Terrace, E of NE Miami Place APPLICANT(S): BDB Miami LLC, Owner/Contract Purchaser; F&C Kochen LLC, Owner and Sylvia Whyte Mfg Co. (Under Foreclosure Awaiting Final City of Miami Pa$e 92 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Resolution) APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions PLAT & STREET COMMITTEE: Recommended approval with conditions* on June 3, 2004 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on November 22, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0073 Chairman Sanchez: We move on over to PZ.7. Commissioner Allen: 7. Chairman Sanchez: PZ.7. Lourdes Slazyk (Assistant Director, Planning & Zoning): 7 was continued. Vice Chairman Gonzalez: That was continued. Chairman Sanchez: I apologize. PZ8. Ms. Slazyk: PZ8 is a request for official vacation and closure of a public right-of-way. This is a portion of Northeast 17th Terrace, east of Northeast Miami Place. It's been recommended for approval by the Zoning Board and the Plat & Street Committee. Planning Department has approval, with two conditions 171 read into the record. These are the conditions that go to the public benefit. The proposed site development shall incorporate shade trees along Northeast Miami Place, and the proposed site shall also incorporate, at the north side, a double planting of evergreen shade trees facing the existing City of Miami cemetery, a historic designated site. Chairman Sanchez: How does this benefit the public? Ms. Slazyk: We -- because it is providing shade trees in an area of the City where, if you know that area, there's very, very few to no trees. It's also putting that evergreen buffer on a designated City historic site. We feel that that is -- does comply with public benefit. Commissioner Allen: That satisfies the definition of public purpose? Ms. Slazyk: The public benefit, it doesn't say -- Commissioner Winton: What project is this? City of Miami Page 93 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Slazyk: -- trees are a public benefit or not public -- Commissioner Allen: It's benefit. Chairman Sanchez: This is PZ.8. This is yours. Unidentified Speaker: This is 8? Oh, this is mine. Commissioner Winton: What project? Ms. Slazyk: This is yours, and with -- Unidentified Speaker: It's mine. Sorry. Ms. Slazyk: -- these conditions, we would believe that public benefit is the -- Commissioner Winton: Which project is this -- Ms. Slazyk: This is -- Commissioner Winton: -- tied to? Ms. Slazyk: -- they've already started design review first. It's going to be -- Lucia Dougherty: This is the one -- Ms. Slazyk: -- the Bay View Market Project. Commissioner Winton: Oh, OK. Ms. Slazyk: And this is the closure, and with the trees, we feel that it's going to help the neighborhood substantially. Commissioner Winton: And, frankly, I think that the public benefit is much stronger than the public benefit that staff has put on the table. This is the retail project. Ms. Dougherty: Correct. Commissioner Winton: OK. This project is really in kind of the far west Omni area, that is as depressed an area as we'll find anywhere in the City. It has been a haven for drugs and prostitution, and everything under the sun. There's been no chance whatsoever that you could get any jobs going back there because there're no employers, and this development's -- this project is tied to a development, which is a retail project. Y'all are familiar with Dadeland Station, the stack, big box retail? Well, this is going to be a stack, big box retail project that is absolutely beautiful. It's going to be -- it's going to have line -- it's going to have residential liners kind of hiding the garage, and here's the huge public benefit: It will bring -- you all know that the two industries, I think, that bring the greatest number ofjobs to any community are hotels first, retail second This is a very substantial retail project that will bring a very significant number ofjobs into a community, into an area where there -- not only are there no jobs, there's only prostitution and drug dealing, and all kinds of stuff, so I think that -- and I've been the one who's argued the most against some of these closures because there wasn't necessarily a public benefit. This is public benefit hands -down. Ms. Dougherty: Yes. City of Miami Page 94 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: All right. Commissioner Winton: That said -- Ms. Dougherty: This is about 600,000 square feet of retail. Commissioner Winton: -- I'm -- Chairman Sanchez: Applicant -- Commissioner Winton: Move to -- Chairman Sanchez: -- state your name for the record Commissioner Winton: Move -- I'm sorry. Chairman Sanchez: Just state your name for the record Ms. Dougherty: Lucia Dougherty. Chairman Sanchez: Thank you very much. Commissioner Winton: Move to approve the -- Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. Before we debate it, it's a resolution. Anyone from the public wishing to address this item, please step forward. The open meet -- the public hearing has been opened Seeing no one stepping forward to address this issue, the public hearing is closed. Bringing it back to the Commission for discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Ms. Dougherty: Thanks very much. PZ.9 04-01388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF NORTHEAST 1ST COURT AND THE ALLEY LOCATED BETWEEN NORTHEAST 15TH STREET AND NORTHEAST 16TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." City of Miami Page 95 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-01388 Fact Sheet.pdf 04-01388 Public Works Analysis.PDF 04-01388 Public Works Letter.PDF 04-01388 P&Z Analysis.PDF 04-01388 Zoning Map.pdf 04-01388 Aerial Map.pdf 04-01388 ZB Reso.PDF 04-01388 Application & Supp Docs.PDF 04-01388 Legislation.PDF 04-01388 Exhibit A.PDF REQUEST: Official Vacation and Closure of a Street and Alley LOCATION: Approximately NE 1st Court and Alley Between NE 15th Street and NE 16th Street APPLICANT(S): Miami -Dade County Public Schools APPLICANT(S) AGENT: Dr. Rudolph F. Crew, Superintendent FINDINGS: PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended denial on April 3, 2003 by a vote of 3-3. ZONING BOARD: Recommended denial to City Commission on November 22, 2004 by a vote of 5-3. PURPOSE: This will allow a unified commercial development site. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, to continue item PZ.9 to the Commission Meeting currently scheduled for February 24, 2005. Lourdes Slazyk (Assistant Director, Planning & Zoning): I believe that the Miami -Dade County Public Schools, on PZ.9, they're seeking an official vacation and closure of a public right-of- way; that they are looking for a continuance, as well. Chairman Sanchez: OK. The item -- Vice Chairman Gonzalez: Move to continue PZ 9. Chairman Sanchez: There's a motion to continue the item, automatically rolling over into the next PZ (Planning and Zoning) -- Ms. Slazyk: February 24. Chairman Sanchez: -- February 24. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner City of Miami Page 96 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Allen. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." What item was that, PZ what? Commissioner Allen: PZ. -- Ms. Slazyk: That was PZ9. Commissioner Allen: -- 9. Chairman Sanchez: PZ.9. OK, the item has been deferred. PZ.10 04-01390 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED AT THE SOUTHWESTERLY CORNER OF NORTHWEST NORTH RIVER DRIVE AND NORTHWEST 14TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT 04-01390 Exhibit A.PDF 04-01390 Legislation.PDF 04-01390 Application & Supp Docs.PDF 04-01390 ZB Reso.PDF 04-01390 Aerial Map.pdf 04-01390 Zoning Map.pdf 04-01390 P&Z Analysis.PDF 04-01390 Public Works Analysis.PDF 04-01390 Public Works Letter.PDF 04-01390 Fact Sheet.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately the Southwesterly Corner of NW North River Drive and NW 14th Avenue APPLICANT(S): Richard Lynn, Mahi Shrine Holding Corp, Owner APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on September 22, 2004 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on November 22, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a unified commercial development site. City of Miami Page 97 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0074 Chairman Sanchez: PZ.10? Lourdes Slazyk (Assistant Director, Planning & Zoning): 10. Chairman Sanchez: No, PZ.9 has been deferred. Commissioner Allen: It's been deferred. Ms. Slazyk: Right. Chairman Sanchez: PZ.10. Ms. Slazyk: PZ.10 is also an official vacation and closure of a 10 foot right-of-way strip, located at the southwesterly corner of Northwest North River Drive and 14th Avenue. This is the Mahi Shrine site. The Zoning Board recommended approval unanimously; approved by Plat and Street Committee. Planning Department also recommends approval, with two conditions, that go to the public benefit. Number one, that the proposed site development shall include access to the river for the public, and that the applicant shall dedicate an easement mutually acceptable to the applicant and the City of Miami Planning Department to accommodate for such public access along the river walk, in substantial conformance with Sections 55, IIC, two of the subdivision regulations. The easement may be accomplished by the recording of a separate instrument. What's important here is we're making them record an -- it's an instrument that's going to be recorded. Vice Chairman Gonzalez: Is this a second reading? Ms. Slazyk: This -- Vice Chairman Gonzalez: Was this before us before? Ms. Slazyk: Not that I recall. Vice Chairman Gonzalez. No? Ms. Slazyk: No. Vice Chairman Gonzalez: All right. Ms. Slazyk: What's important here is that this is a piece of the Miami River -- Commissioner Allen: Right. Ms. Slazyk: -- where access is not required. It's not a mandate, and the river walk is not a mandate, but through these easements that they're going to record through a separate instrument, those things will be provided, and it's part of a bigger project you're going to see come later, after this has been resolved, but we believe that, with these conditions, that the public benefit has been met. City of Miami Page 98 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: All right. Chairman Sanchez. Madam Director, every time that we have a closure of an alleyway -- Commissioner Allen: Right. Chairman Sanchez: -- and we've had several here in this Commission, some residents feel that we're basically giving away -- Commissioner Allen: Giving away. Chairman Sanchez: -- public land -- Commissioner Allen: That's my question. Chairman Sanchez: -- which, in many cases, it is not true -- Vice Chairman Gonzalez: It's not true. Chairman Sanchez: -- and therefore, we work with the developers, and I think it's important for you to say, what are the benefits that the public will attain by us giving this alleyway to this developer, and put it on the record. Ms. Slazyk: Right. It will -- this one is very clear-cut, real easy. It will ensure the public access to the water -- Vice Chairman Gonzalez: Definitely. Ms. Slazyk: -- which is not required. They don't have to do that. It's not like downtown, where we can require it. Commissioner Allen: Right. If I may weigh -- Ms. Slazyk: So, absolutely. Commissioner Allen: -- if 1 may (UNINTELLIGIBLE) -- Chairman Sanchez: Thank you very much. Commissioner Allen: Mr. Chairman. Vicky Garcia -Toledo: If I may -- Commissioner Allen: Mr. Chairman, if I may weigh in quickly. Lourdes, if you will. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Lourdes. Yeah, you mentioned the easement. Could you give us some idea -- any -- I, as ordinary citizen, would it be obvious to me this easement will give me access to the river? It would appear that it's a public right-of-way. That's my concern because -- Ms. Slazyk: Yes, and -- Commissioner Allen.: -- when you put up buildings, they can give the impression that that's private property and -- City of Miami Page 99 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Slazyk: Right. Commissioner Allen: --1, as ordinary Joe Blow citizen, would figure, oh, 1 can't walk there because it's private property, so -- Ms. Slazyk: Right. That's why -- Commissioner Allen: -- that's my concern. Ms. Slazyk: Yeah. That's why this is worded the way it is; that we're going to work on that language on the -- for the easement with them to make sure -- to ensure the public access, and it will -- Commissioner Allen: So this -- Ms. Slazyk: 1 would let Vicky -- Commissioner Allen: Yeah, let's -- the description -- Ms. Slazyk: -- present it -- Commissioner Allen: -- that's -- right. Ms. Slazyk: -- because you'll see exactly where they are in the site plan. Chairman Sanchez: Madam Applicant, you're recognized for your presentation. Ms. Garcia -Toledo: Vicky Garcia -Toledo. Basically, this is a project that is -- has public purpose in many ways. First of all, let me say that the easement we're closing is only a strip of land that is ten feet long, and it is located at the end of the property. Closing that easement allows for the project to be developed in a much more open way, and what the architect -- Commissioner Allen: Cohesively. Ms. Garcia -Toledo: -- has done is, this is Northwest 15th, which is in existence. That street is going to be enhanced, and it's going to have a turnabout and a fountain at the end, and it bring people directly to the river. Commissioner Allen: Wait. Ms. Garcia -Toledo: We are putting in -- Commissioner Allen: Repeat that last statement. Repeat the last statement. Ms. Garcia -Toledo: It will bring everyone directly to the riverfront. Commissioner Winton: Which they don't have any access to now. Vice Chairman Gonzalez: They don't have any access now. Ms. Garcia -Toledo: This one is in existence, then we are doing a parallel drive or street. It will be a 50-foot wide street to bring more access from North River Drive, and the wonderful thing that this does is that, then it creates a boulevard -- City of Miami Page 100 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: Yes. Ms. Garcia -Toledo: -- where the streets connect via a street -- Commissioner Allen: Right. Ms. Garcia -Toledo: -- a paved street, right at the riverfront. Commissioner Allen: So I can go there -- Ms. Garcia -Toledo: So you will not only be able to walk -- Commissioner Allen: Right. Ms. Garcia -Toledo: -- drive your -- Commissioner Allen: Anyone -- Ms. Garcia -Toledo: -- car all the way around -- Commissioner Allen: Correct. Ms. Garcia -Toledo: -- past the river and back out again, but you also will be able to walk it because these avenues and boulevards have very pleasant sidewalks. Now what Lourdes was pointing out was that we are not required -- this developer does not have a legal requirement to do a river walk at this particular location but, in fact, they have decided to do an entire river walk -- Commissioner Allen: Well, that makes the project more attractive. Ms. Garcia -Toledo: -- just like your Code -- you know, with -- Commissioner Allen: Right. Ms. Garcia -Toledo: -- not only a walking area -- Commissioner Allen: But, Madam Garcia, wouldn't you agree that makes the project more attractive, irrespective of whether or not it was a requirement? Ms. Garcia -Toledo: Absolutely. Commissioner Allen: So -- yeah. Ms. Garcia -Toledo: Not only that, we hope that our neighbors -- Commissioner Allen: Right. Ms. Garcia -Toledo: -- to both ends someday will do the same -- Commissioner Allen: Exactly. Ms. Garcia -Toledo: -- and we will get a walking river. Commissioner Allen: Right. City of Miami Page WI Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Garcia -Toledo: So this is why the Miami River Commission has also -- Commissioner Allen: Right, in favor. Ms. Garcia -Toledo: -- supported this project, and the wonderful thing that we also have is that we have housing right on the river -- Commissioner Allen: River. Ms. Garcia -Toledo: -- with townhomes and we have restaurants. We have set up for restaurants and retails -- Commissioner Allen: Good. Ms. Garcia -Toledo: -- so that is basically your public purpose on this closure. Commissioner Allen: Thank you. OK. Vice Chairman Gonzalez: All right. Commissioner Allen: All right. 1 move -- I'll move -- Vice Chairman Gonzalez: Discussion. Commissioner Winton: You're going to make a motion? Vice Chairman Gonzalez: Yeah. Commissioner Allen: I'll move the item. Vice Chairman Gonzalez: You'll move it? I'll second it. Commissioner Winton: We have a -- what item is this? Vice Chairman Gonzalez: Well, first of all, this is a public hearing. Commissioner Winton: Yeah. Commissioner Allen: This is PZ. 10. Vice Chairman Gonzalez: Is anybody in opposition of this item? Commissioner Winton: Any -- Vice Chairman Gonzalez: Hearing none, seeing none, public hearing is closed. Commissioner Winton: OK. We have -- who made the motion? Commissioner Allen: I made the motion, Mr. Chairman -- Winton. Commissioner Winton: We have a motion by Commissioner Allen, a second by Commissioner Gonzalez. Any further discussion? Is this an ordinance? Commissioner Allen: PZ. I0. City of Miami Page 102 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Vice Chairman Gonzalez: No, it's a resolution. Commissioner Allen: This is the -- Commissioner Winton: Resolution? Commissioner Allen: -- resolution, PZ (Planning and Zoning) -- Commissioner Winton: All in favor, "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign, opposed? Motion carries. Ms. Garcia -Toledo: Thank you. Vice Chairman Gonzalez: Thank you. Thank you, sir. PZ.11 04-01385 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), GRANTING THE APPEAL, REVERSING IN PART THE DECISION OF THE ZONING BOARD AND THEREBY 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, TO ALLOW A NIGHTCLUB IN THE "C-1" ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 697 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF EIGHTEEN (18) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) PAINT COLOR SAMPLES AND SIGN SPECIFICATIONS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT, AND 2) APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN W ITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION. 04-01385 Exhibit A.PDF 04-01385 Legislation a.PDF 04-01385 Legislation b.PDF 04-01385 Aerial Map.pdf 04-01385 Analysis.PDF 04-01385 Appeal Letter.PDF 04-01385 Application & Supp Docs.PDF 04-01385 Fact Sheet.pdf 04-01385 ZB Reso.PDF 04-01385 Zoning Map.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado City of Miami Page 103 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 R-05-0075 Vice Chairman Gonzalez: OK PZ 11. Lourdes Slazyk (Assistant Director, Planning & Zoning): 11. PZ 11 is an appeal from a Zoning Board decision. This is one that's actually kind of strange. We recommended approval with conditions. This is in order to allow a nightclub at 697 North Miami Avenue, which is near that Entertainment District, Miami Avenue. The Zoning Board approved it with a condition that the applicant is not satisfied with, and the applicant is here, not appealing the decision of the Zoning Board; just that condition that they threw in at the end The Planning Department -- the condition was that they have to go back to the Zoning Board after 18 months. They didn't really Commissioner Winton: To do what? Ms. Slazyk: -- specify what. 1 think it's -- part of it is the ambiguity and part of it is, once you make that kind of investment into an establishment to go back is -- was difficult. Commissioner Winton: That didn't work very well. Ms. Slazyk: So the Planning Department is recommending approval of the appeal, grant the appeal to eliminate the condition and to just uphold the original two conditions of the Planning Department. Commissioner Winton: So moved. Ms. Slazyk: One was we had not gotten final paint color and sign specifications. We want to make sure that those are in order, and the second one was that this approval run only with this operator; that if they sell to another operator, they must come back, and we would -- Commissioner Winton: But there's -- there is no objection to that condition -- Ms. Slazyk: No. Commissioner Winton: -- is that correct? Ms. Slazyk: Correct. Commissioner Winton: The only objection is to the condition that they have to come back and get a new approval for the same thing in 18 months or a review -- Ms. Slazyk: A review. Commissioner Winton: -- anything -- Commissioner Allen: Is it -- Commissioner Winton: OK, so -- Commissioner Allen: -- is it because it doesn't fall squarely within the Park West Entertainment area, or was there a noise ordinance concerns or something to that effect; do you know? Ms. Slazyk: I'm not really sure, yeah. Commissioner Allen: It's proximate to the -- City of Miami Page 104 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Slazyk: It's proximate to an Entertainment District, right. Commissioner Allen: -- the Park West Entertainment. Maybe that's the issue because, perhaps, there can be some noise ordinance concerns going forward I don't know. I mean, it's -- that's the only logical thing 1 could come up with, right? Commissioner Winton: Well, but -- you either have to deny it or allow them to go forward. You can't have them come back -- Commissioner Allen: Right. Commissioner Winton: -- and chitchat with you again and you shut them down after they've -- Ms. Slazyk: Right. Commissioner Winton: -- made the investment. Ms. Slazyk: You know, unless they would have been much -- Commissioner Winton: That doesn't work. Ms. Slazyk: -- much more specific and say, we want you to come back in 18 months so that we can see how your parking worked or how your -- you know, and been a little more limited in the condition. Commissioner Winton: But it's our job to look at parking -- Ms. Slazyk: Yes. Commissioner Winton: -- to look at impact on neighborhood, which includes noise and traffic -- Commissioner Allen: Traffic, right. Commissioner Winton: -- and I'm assuming -- Ms. Slazyk: Right, and we have a noise ordinance -- Commissioner Winton: -- the Department is -- Ms. Slazyk: -- in place and -- Commissioner Allen: But if I may chime in. Well, since -- counselor, if you will, since this is not squarely within the Park West Entertainment Center and we provide this special exception, will that begin this set of trend that then things will start moving a little farther away and encroaching in on residential areas and -- I don't know. I'm trying to find some logic. Ms. Slazyk: Yeah. That's not really a residential area, but the -- Commissioner Allen: Or potentially -- you know, the impact in some areas. Ms. Slazyk: Once you're outside of the Entertainment District -- Commissioner Allen: Right. Ms. Slazyk: -- distance limitations apply -- City of Miami Page 105 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: All right. Ms. Stazyk. -- so all of the other distance limitations are, in effect, outside the district, so hopefully, those take care of the ability to prevent concentrations in areas that might redevelop in some other way, but this met all of the criteria, so -- Commissioner Winton: I would -- Chairman Sanchez: Just for the point of clarification from the Chair, this is an -- you're appealing certain conditions placed to you by the Planning -- Gilberto Pastoriza: By the Zoning Board, sir. Chairman Sanchez: -- PAB (Planning Advisory Board) Board? Mr. Pastoriza: By the Zoning Board. Chairman Sanchez: By the Zoning Board. OK, so this is an appeal? Mr. Pastoriza: Yes, sir. Chairman Sanchez: So -- Commissioner Winton: Of only that condition. Chairman Sanchez: Of -- Mr. Pastoriza: Yes. Chairman Sanchez: Well, we need to clarify what the conditions are. Commissioner Winton: It has been. Commissioner Allen: Right. Commissioner Winton: Well, we have. Chairman Sanchez: But before we do that, so we could follow the proper process here, I think the appellant goes first. Commissioner Winton: Mr. Chairman, Chairman Sanchez: Yes. Commissioner Winton: The condition has been described -- Chairman Sanchez: Right. Commissioner Winton: -- and the condition is crystal clear, and I don't want him to -- we -- you can -- Commissioner Allen: Right. Commissioner Winton: -- we can move this forward -- that the -- City of Miami Page 106 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: Are you prepared to move this -- Commissioner Winton: Yes, I'm prepared to move it. Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Sanchez: OK. Ms. Thompson: I'm sorry, Chair. Before we move -- I'm sorry, but we need his name on the record because he did answer a question. I don't have -- Chairman Sanchez: He needs to put something on the record. Vice Chairman Gonzalez: He hasn't been allowed to speak. Commissioner Winton: Yeah. Mr. Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. Chairman Sanchez: Thank you very much. All right. There's a motion -- Commissioner Winton: The motion -- Chairman Sanchez: -- for the -- to grant the appeal. Vice Chairman Gonzalez: I second. Commissioner Winton: That is correct. The motion -- Chairman Sanchez: There's a motion -- Commissioner Winton: -- is to grant the appeal. Chairman Sanchez: There is a motion by Commissioner Winton to grant the appeal, second by Vice Chairman Gonzalez. It is open for discussion. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed and we come back to the Commission for further discussion. Hearing no discussion, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay," so therefore, that -- those conditions have been appealed. All right, so -- Mr. Pastoriza: Thank you. Chairman Sanchez: -- is there anything else you need to put on the record, besides a "thank you?" Mr. Pastoriza: Thank you. No, that's fine. Chairman Sanchez: OK. Have a good one. PZ.12 04-00573 ORDINANCE Second Reading City of Miami Page 107 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 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 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 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 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 Winton, seconded Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PZ. 12 to the Commission Meeting currently scheduled for February 24, 2005. Note: Minutes below include discussion of Item PZ.13. Chairman Sanchez: We move on to PZ 12. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 12 and 13 are companion items. They're second reading for land use and zoning change. The properties at 2143, 2161 Southwest City of Miami Page 108 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 6th Street and 2160 Southwest 5th Street. The Commission granted this on first reading. The applicant had proffered a covenant. We have since reviewed the covenant. There was one change that the applicant has agreed to make to the covenant, and based on that change being made, we would have no objections. Simon Ferro: And, in fact, I would like to -- and thank you very much, Lourdes. Commissioner Allen: Your name for the record. Name -- Mr. Ferro: In fact, we have -- Commissioner Allen: Simon, your name for the record. Mr. Ferro: I'm sorry. Simon Ferro, 1221 Brickell. Mr. Chair, we have, in fact, worked with your staff, with the County -- City staff and we have arrived at what we believe is a very good project. The only thing I'm going to ask of you -- and I apologize for leaving it up to this point -- is a 30-day deferral, and the reason is that my clients are not here. They have a -- and 1 talked to Ana about this. I don't believe she has a problem. There are a number of issues with the agreement that the clients want clarified. I don't believe it's going to be a problem, but if you would grant us a 30-day continuance -- Chairman Sanchez: Counselor, I don't have a problem. Are you requesting a 30-day, so therefore, this PZ (Planning & Zoning) -- Mr. Ferro: Or for the next -- for your next available hearing. Chairman Sanchez: Automatically, it rolls into the next PZ meeting -- Ms. Slazyk: February 24. Chairman Sanchez: -- which is -- Commissioner Winton: So moved. Chairman Sanchez: -- February the 24th. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion by Commissioner Winton, second by Vice Chairman Gonzalez to have this item, PZ 12 -- Vice Chairman Gonzalez: PZ 12 and 13, right? Ms. Slazyk: And 13. Chairman Sanchez: -- and 13 deferred to the February PZ meeting. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you. Mr. Ferro: Thank you very much. Thank you all very much. PZ.13 04-00573a ORDINANCE Second Reading City of Miami Page 109 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 ), 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 " 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 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 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 Winton, seconded Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PZ 13 to the Commission Meeting currently scheduled for February 24, 2005. Note for the Record: Minutes of the discussion on this item are posted under Item PZ 12. PZ.14 04-01131 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 City of Miami Page 110 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 517, 555 AND 603 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01131 & 04-01131a ExhibitA.PDF 04-01131 Land Use Map.pdf 04-01131 & 04-01131a Aerial Map.pdf 04-01131 Analysis.PDF 04-01131 Legislation.PDF 04-01131 Application & Supporting Docs.PDF 04-01131 PAB Reso.PDF 04-01131 Fact Sheet.pdf 04-01131-Submittal-1.pdf 04-01131-Submittal-2.pdf 04-01131-Letter-Miami River Commission.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 517, 555 and 603 NW S River Drive APPLICANT(S): MSJ Holdings, Inc. and 5 Street Terminal, Inc., Owners and Shear Construction Development, Inc., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Pending November 1, 2004 report to City Commission. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5 due to the failure to obtain the required five affirmative votes in favor. See companion File ID 04-01131a. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12645 Chairman Sanchez: We move on to PZ.14. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 14 and 15 are also companion items, second reading, land use and zoning change. The properties are at 517, 555 and 603 Northwest South River Drive. The applicant had also proffered a covenant that's been reviewed and approved by the Law Department, so we have no objections. City of Miami Page 111 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Winton: Move. Chairman Sanchez: All right. Commissioner Allen: Second. Chairman Sanchez: There's a motion and a second, but before we either discuss the item or open this ordinance to the public, I would like the appellant -- I'm sorry. I would like the applicant to state her name for the record. Lucia Dougherty: Good afternoon. Lucia Dougherty, with offices at 1221 Brickell Avenue, here on behalf of the owner and the applicant. Chairman Sanchez: And you're seeking approval of the item? Ms. Dougherty: Yes, sir. Chairman Sanchez: Absolutely. There's a motion and a second. Before we debate the item, this is an ordinance on second reading. Is there anyone from the public wishing to address this item, please step forward and be recognized and be heard? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Vice Chairman Gonzalez: Roll call. Chairman Sanchez: Any further discussion on the Commission? Hearing none, this is a -- Mr. City Attorney, read the ordinance and then we'll have the City Clerk -- Commissioner Allen: This is an ordinance. Chairman Sanchez: Yes. I apologize. Read the ordinance into the record, and then have the City Clerk conduct a roll call. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.15 04-01131a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD- 4" WATERFRONT INDUSTRIAL DISTRICT TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 517, 555 AND 603 NORTHWEST SOUTH RIVER DRIVE , 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 112 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-01131 & 04-01131a Exhibit A.PDF 04-01131 & 04-01131a Aerial Map.pdf 04-01131a Analysis.PDF 04-01131a Application & Supporting Docs.PDF 04-01131a Fact Sheet.pdf 04-01131a Legislation.PDF 04-01131a ZB Reso.PDF 04-01131a Zoning Map.pdf 04-01131a-Letter-Miami River Commission.pdf REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 517, 555 and 603 NW S River Drive APPLICANT(S): MSJ Holdings, Inc. and 5 Street Terminal, Inc., Owners and Shear Construction Development, Inc., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Pending November 1, 2004 report to City Commission. ZONING BOARD: Recommended approval to City Commission on October 18, 2004 by a vote of 5-4. See companion File ID 04-01131. PURPOSE: This will change the above properties to C-1 Restricted Commercial. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12646 Chairman Sanchez: PZ.15 is a companion item to PZ.14. It's an ordinance on second reading. Commissioner Winton: Move it. Chairman Sanchez: There's a motion by Commissioner -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Winton, second by Vice Chairman Gonzalez. Before we debate the item or open it for a discussion, it is -- requires a public hearing. Anyone from the public wishing to address this Commission, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for further discussion on the item. If not, Mr. City Attorney, read the ordinance into the record, and then we'll have the City Clerk roll -- to conduct a roll call. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 113 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: All right. PZ (Planning & Zoning) -- Ms. Dougherty: Thank you very much, and congratulations for moving this agenda along so quickly. Chairman Sanchez: Thank you so much. Commissioner Allen.: Thank you. Chairman Sanchez: I feel sad for you -- Commissioner Winton: 1 second that motion. Chairman Sanchez: -- because you get paid by the hour, though. PZ.16 04-01132 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 1991 NORTHWEST 27TH 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. 04-01132 Fact Sheet.pdf 04-01132 Analysis.PDF 04-01132 Land Use Map.pdf 04-01132 & 04-01132a Aerial Map.pdf 04-01132 PAB Reso.PDF 04-01132 Application & Supp Docs.PDF 04-01132 Legislation.PDF 04-01132 & 04-01132a Exhibit A.PDF 04-01132-submittal-photos.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 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. City of Miami Page 114 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5 due to the failure to obtain the required five affirmative votes in favor. See companion File ID 04-01132a. PURPOSE: This will change the above property to General Commercial. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12647 Direction to the Administration by Chairman Sanchez to ensure that the design of any proposed structure on this site is a worthy first class gateway into the Allapattah Business Corridor. Chairman Sanchez: All right. PZ 16 is an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes, PZ 16 and 17 are companion items. This is for the property 1991 Northwest 27th Avenue from duplex residential to general commercial. It was passed by the Commission first reading, December 9, and this one did not have a proffered covenant. The -- what we had said was, they were going to a general commercial C-2 category, which requires a special exception anyway for the residential project. They've already gone through some internal design review with that project, and they'll be filing it after they get this, so we -- Chairman Sanchez: All right. Mr. Applicant. Ms. Slazyk: Our original recommendation, though -- Ben Fernandez: That's -- Ms. Slazyk: had been for a denial. Mr. Fernandez: We concur. Chairman Sanchez: OK. Commissioner Winton: So moved. Chairman Sanchez: A11 right, there is a motion on the ordinance on second reading. There's a second by Vice Chairman Gonzalez. Before we open it for discussion, it is an ordinance on second reading, requiring public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none and hearing none, the public meeting is closed, coming back to the Commission. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: Mr. Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: Yes. Lourdes, if I remember correctly, there was a concern on the first reading and Commissioner Winton suggested, you know, a solution, and that was that the design somehow be presented to the Commission, because remember that I had a concern about this site because of the location, and I wanted to make sure that whatever design -- whatever, you know, building we build there has a decent architectural design. I don't want, you know -- City of Miami Page 115 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Slazyk: Right. Vice Chairman Gonzalez: I would hate to see a box -- Ms. Slazyk: Right. Vice Chairman Gonzalez. -- right on 27th Avenue and 20th Street. Mr. Fernandez: No, this is -- Ms. Slazyk: A special exception would not necessarily come to the City Commission; it goes to the Zoning Board, and what I guess -- I remember answering that we have our criteria for the special exception, the new 1305 criteria. 1 don't know if you recall. About a year and a half ago, we had done an amendment and it is very specific design related criteria, and they're already going through that design review process. Through the special exception process, it will be a public hearing. Neighbors will be notified and they'll be able to go through a public hearing to give any comments, including the design, so -- but it would not necessarily come to Commission. If it was really bad and somebody appealed it, then you'll see it, so -- Chairman Sanchez: Mr. Fernandez, could you just state your name for the record, which you did not do? Mr. Fernandez: I'm sorry? Chairman Sanchez: Just state your name for the record, so your client knows -- Mr. Fernandez: Yes. Chairman Sanchez: -- you were here present. Mr. Fernandez: Yes, Ben Fernandez, law office at Bercow & Radell, 200 South Biscayne Boulevard. Chairman Sanchez: Thank you. If I just may add on that, I think Vice Chairman Gonzalez makes an excellent point on, that is the gateway into Allapattah and basically -- Ms. Slazyk: Yes. Commissioner Winton: And the Grove. Chairman Sanchez: -- and basically the gateway into a business corridor that has significant importance to that community, and it's important that you do a first-class development there because it's really going to reflect -- Ms. Slazyk: Yes. Chairman Sanchez: -- on what the future of Allapattah is all about, and of course, the vision that Vice Chairman Gonzalez has, so having said that, it's an ordinance on second reading. Mr. City Attorney, could you read the ordinance into the record and then, Madam Clerk, could you do a roll call? Jorge L. Fernandez (City Attorney): This is item PZ. 16? Commissioner Allen: 16, that's correct. City of Miami Page 116 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: Thank you. PZ.17 04-01132a ORDINANCE Second 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 "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1991 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01132 & 04-01132a Exhibit A.PDF 04-01132 & 04-01132a Aerial Map.pdf 04-01132a Analysis.PDF 04-01132a Application & Supp Docs.PDF 04-01132a Fact Sheet.pdf 04-01132a Legislation.PDF 04-01132a ZB Reso.PDF 04-01132a 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 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 8, 2004 by a vote of 6-0. See companion File ID 04-01132. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12648 City of Miami Page 117 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Jorge L. Fernandez (City Attorney): To 16. Lourdes Slazyk (Assistant Director, Planning & Zoning): To 16, yes. Chairman Sanchez: OK, I apologize. 17 is a companion item. Do we have a motion? Vice Chairman Gonzalez: I'll move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Second by Commissioner Winton. Commissioner Allen: I'll second. Chairman Sanchez: Commissioner Winton, it's a companion item and you second. You made the motion on the first one. PZ. 17, it's a companion item to PZ.16. Commissioner Winton: OK. What do you want me to do? Chairman Sanchez: I don't want you to do anything. Commissioner Winton: I'm not paying attention. I was on a djerent subject, so -- Chairman Sanchez: All right. The second -- Commissioner Winton: You have to -- Commissioner Allen: I'll second. Chairman Sanchez: -- has been made by Commissioner Allen. Commissioner Winton: -- help recover me here. Chairman Sanchez: There is a motion and a second. Before we open it for a discussion -- Commissioner Winton: On PZ (Planning & Zoning) -- Chairman Sanchez: -- it is a resolution on second reading, PZ.17, and we open the public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any further discussion. Hearing none, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Chairman Sanchez: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.18 04-01279 ORDINANCE Second Reading City of Miami Page 118 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 6 AND 8, IN ORDER TO ADD SECTION 628 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, IN ORDER TO MODIFY REGULATIONS FOR PROPERTIES WITHIN THE DISTRICT; REPEALING THE NCD-2 GRAND AVENUE CORRIDOR NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT FROM SECTION 802 AND ENACTING A NEW SECTION 802 PROVIDING FOR "CHARLES AVENUE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT"; EFFECT OF NCD-2 DISTRICT DESIGNATION AND CLASS II SPECIAL PERMIT IN SUCH DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01279 Exhibit A.PDF 04-01279 Exhibit B.PDF 04-01279 Exhibit C.PDF 04-01279 Fact Sheet.pdf 04-01279 Legislation.PDF 04-01279 PAB Reso.PDF 04-01279-submittal-site plans.pdf 04-01279-Com pla i nt. pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval (as modified) to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279a. PURPOSE: This will establish the SD-28 Village West Island Special Overlay District and establish a Neighborhood Conservation Overlay District on Grand Avenue. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12651 Chairman Sanchez: PZ.18 and 19 -- Vice Chairman Gonzalez: 17. Chairman Sanchez: -- I believe that it has been requested by the residents that they wanted to hear this in the afternoon, so we'll go ahead and hear those two items in the afternoon. They wanted to be here present. We move on to PZ.20, which has been deferred. Vice Chairman Gonzalez: No. Jorge L. Fernandez (City Attorney): What about 17? City of Miami Page 119 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Vice Chairman Gonzalez: We need to do 17. Lourdes Slazyk (Assistant Director, Planning & Zoning): Oh, you have to finish 17. Mr. Fernandez: You need to call for 17 to be read. Ms. Slazyk: Right. Chairman Sanchez: Oh. Ms. Slazyk: This is the companion item. Commissioner Winton: Well, excuse me, excuse me. Chairman Sanchez: Oh, I'm sorry. Ms. Slazyk: Yeah. Commissioner Winton: Excuse me, hold on. Before -- when did we get a request to move PZ.18 and 19? I've heard no such request. Chairman Sanchez: No, it's not moved They want to hear it in the afternoon. Ms. Slazyk: Yeah, there were some residents who -- Chairman Sanchez: Residents. Ms. Slazyk: -- who wanted to speak on it. I don't think they made an official request. Commissioner Winton: Oh, OK. Ms. Slazyk: I think they assumed, because it was later in the agenda, that it would be in the afternoon -- Commissioner Winton: Fine. Ms. Slazyk: -- and they wanted to speak. Chairman Sanchez: If you don't have any objections to it, I mean -- Commissioner Winton: No, I'm fine. Chairman Sanchez: OK. Commissioner Winton: We'll move it to the afternoon. Chairman Sanchez: Madam Clerk, does that take care of all our PZ (Planning & Zoning) items today? Commissioner Winton: No. Priscilla A. Thompson (City Clerk): We have 18 -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 18 and 19. City of Miami Page 120 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Ms. Thompson: -- and 19 remaining for PZ. Commissioner Allen: Oh, that's right. Chairman Sanchez: 18 and 19, OK. Why don't we -- all right. We'll -- Ms. Slazyk: It's second reading. Chairman Sanchez: Well do them last. Commissioner Winton: Yeah, these are -- Chairman Sanchez: Are we prepared to move on with PH.1 ? Mr. Fernandez: Yes, we are. Commissioner Winton: On what? Chairman Sanchez: All right, let's go ahead with PH.1. Mr. Fernandez: On RE. I? Ms. Thompson: R -- Commissioner Winton: Why aren't we doing PZ 18 and 19? Chairman Sanchez: Well, because I believe they wanted a time -- additional time and we're going to let them come and we'll do it last. I mean, it doesn't really matter. Commissioner Allen: Right. Commissioner Winton: Who wants additional time? Chairman Sanchez: 1 think that -- Ms. Slazyk: No. I think that anybody who was coming is going to be here. There were a few people -- Chairman Sanchez: All right. Ms. Slazyk: -- in the morning that said they wanted to be here, so -- Chairman Sanchez: I don't -- Commissioner Winton: Yeah, and it's second reading. Chairman Sanchez 1-- Commissioner Allen: Right. Chairman Sanchez: Well, we'll take up PZ. 18. Ms. Slazyk: OK. PZ.18 and 19 is actually a second reading. We made the presentation for you first reading. It was approved December 9. This is in order to remove the NCD-2 from Grand City of Miami Page 121 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Avenue and create a new NCD-2 on Charles Avenue in West Grove, and to put the SD-28 Village West Island Special District in the West Grove. This is the one that -- very similar to the NCD-3, in that it calls for certain regulations for the residential properties there, but it goes a step further in creating the design guidelines that will promote the Caribbean architecture for the West Island District. We recommend approval, and we have staff here if you have any questions. Commissioner Winton: So move. Chairman Sanchez: There is a motion by Commissioner Winton on PZ 18. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to speak on this item, please step forward and state your name for the record. Dylan Reingold: Chairman, members of the Commission, my name is Dylan Reingold, with the law office of Bilzen Sumberg Baena Price & Axelrod, at 200 South Biscayne Boulevard, Suite 2500, here in Miami. I'm here on behalf of the Muskat Brothers, Incorporated. These are owners of -- Commissioner Winton: Here we go again. I'm just talking to myself. Mr. Reingold: Yes, sir. These are owners of affected properties along Grand Avenue. As you're probably aware, my clients are involved in litigation with the City concerning these properties and the applicable zoning for these properties. They are in litigation along with several other parties, Grand Bahamas Development of Village West Corporation, Jarrette Bay Investors Corporation, Combined Investors, Inc., and Orlando and Rosa Benitez. I'm here simply just to state that, on the record, we object to this ordinance and PZ.19 on two simple issues: One, we feel there was -- the City did not provide adequate and proper notice, and two, we feel that the ordinance itself is substantively defective and has internal inconsistencies. Thank you very much Chairman Sanchez: Thank you. Anyone else wishing to speak on this item, please step forward. State your name for the record. Pastor Gary Wayne Thompson: Good afternoon. My name is Pastor Gary Wayne Thompson. Chairman Sanchez: Good afternoon, sir. Welcome to the City Hall. Pastor Thompson: I pastor the Jordan Chapel Freewill Baptist Church, located on Grand Avenue, and I'm here to state that any limitations put on buildings on that -- on Grand Avenue would adversely affect the economic value of my property, which is my church, and that because we would not be able to use our property in the way that we have plans for, and so if you put your limitations there, it's going to hurt me, so I just want you to take my opinion. Chairman Sanchez: Thank you, sir. Pastor Thompson: Thank you. Chairman Sanchez: Anyone else wishing to speak on the item? Ma'am, state your name for the record. Yvonne McDonald Yvonne McDonald, Urban Empowerment Corporation. I'm just here today just to thank the Commission for their support with this issue (UNINTELLIGIBLE) over the past City of Miami Page 122 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 several months, and that -- to let you know that the Planning and Zoning Board voted unanimously to support it. At the last Commission meeting, you voted unanimously to support it, and so we ask that you, you know, support this issue and help our community move forward. Thank you. Chairman Sanchez: Thank you, ma'am. Anyone else from the public? Good afternoon, sir. Pastor Willie 1 Leonard: Mr. Chairman, my name is Pastor Willie 1 Leonard, pastor of Saint Matthew Community Missionary Baptist Church, president of Ministerial Alliance, West Grove, and the NCD (Neighborhood Conservation District) and the overlay on this particular area, we have worked very diligently on that project, hours untold City of Miami have worked with us, University of Miami have worked with us in the planning, and our position is still with the limit of five. Thank you so much. Commissioner Allen: Wait. What was the last -- Chairman Sanchez: Thank you. Commissioner Allen: What was his last statement? Vice Chairman Gonzalez: He's in favor of it. Commissioner Allen: Oh. Chairman Sanchez: OK. Anyone else from the public? Seeing none, hearing none, the public record is closed, comes back to the Commission. 1t already has a first and a second. 1t is open for discussion. Hearing no discussion, this is an ordinance on second reading. Mr. City Attorney, read the ordinance into the record. Mr. Fernandez: PZ 18. The Ordinance was read by tide into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.19 04-01279a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING PAGE NOS. 46 AND 47 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY: 1) ADDING THE SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY BIRD ROAD AND US-1 ON THE NORTH; 32ND AVENUE ON THE EAST; FRANKLIN AVENUE (INCLUDING THE BLOCK SOUTH OF FRANKLIN BETWEEN HIBISCUS AND PLAZA STREET), AND CHARLES TERRACE ON THE SOUTH AND THE CITY LIMITS ON THE WEST (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS A AND B AND MADE A PART THEREOF); MIAMI, FLORIDA; AND City of Miami Page 123 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 2) MODIFYING THE BOUNDARIES OF THE NCD-2 CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT FROM GRAND AVENUE TO CHARLES AVENUE BY REMOVING THE NCD-2 OVERLAY ALONG ALL PROPERTIES LOCATED ALONG GRAND AVENUE AND FURTHER ADDING THE NCD-2 OVERLAY TO ALL PROPERTIES FRONTING CHARLES AVENUE FROM DOUGLAS ROAD TO MAIN HIGHWAY (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS C AND D AND MADE A PART THEREOF) MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SERVERILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01279a Fact Sheet.pdf 04-01279a Zoning Map A.pdf 04-01279a Aerial Map A.pdf 04-01279a Zoning Map B.pdf 04-01279a Aerial Map B.pdf 04-01279a PAB Reso.PDF 04-01279a Legislation.PDF 04-01279a Exhibit A.PDF 04-01179a Exhibit B.pdf 04-01279a Exhibit C.PDF 04-01279a Exhibit D.pdf REQUEST: To Amend Ordinance No. 11000, 1) To Add the SD-28 Village West Island Special Overlay District to All Underlying Zoning Classifications and 2) To Modify the Boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District, to Change the Zoning Atlas LOCATION: 1) The Area Generally Bounded by Bird Road and US-1 on the North; 32nd Avenue on the East; Franklin Avenue (Including the Block South of Franklin Between Hibiscus and Plaza Street), and Charles Terrace on the South and the City Limits on the West; and 2) The Area from Grand Avenue to Charles Avenue by Removing the NCD-2 Overlay Along All Properties Located Along Grand Avenue and Further Adding the NCD-2 Overlay to all Properties Fronting Charles Avenue from Douglas Road to Main Highway APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279. PURPOSE: This will change the above properties to 1) SD-28 Village West Island Special Overlay District and 2) modify the boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 124 Printed on 2/16/2005 City Commission 12652 Verbatim Minutes January 27, 2005 Chairman Sanchez: PZ 19 is an ordinance on second reading. It's a companion to PZ 18. Lourdes Slazyk (Assistant Director, Planning & Zoning): Correct. This is the actual atlas amendment. Commissioner Winton: So moved Commissioner A llen: Second Chairman Sanchez: There is a motion by Commissioner Winton, second by Commissioner Allen. It is an ordinance on second reading, requiring a public hearing. At this time, the public hearing is open. Anyone from the public wishing to address this Commission on this issue, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed for the record, coming back to the Commission for discussion. Any discussion on the item? Hearing no discussion on the item, Mr. City Attorney, could you read the ordinance on second reading into the record? Jorge L. Fernandez (City Attorney): PZ 19. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.20 04-00984b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00984b Fact Sheet.pdf 04-00984b Legislation.PDF REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will add a new Article XI to the Miami City Code entitled, "Arts and Entertainment Mural Regulations." NOTE: Language in 04-00984b incorporates language passed on First City of Miami Page 125 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Reading on September 23, 2004 and October 28, 2004 from 04-00984 and language proposed on October 28, 2004 from 04-00984a. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Winton absent, to continue item PZ.20 to the Commission Meeting currently scheduled for April 28, 2005. Chairman Sanchez: PZ.3. 1 believe, P -- Lourdes Slazyk (Assistant Director, Planning & Zoning): I believe there's another -- Ben Fernandez: Another continuance, Mr. Chair. Ms. Slazyk: -- continuance request. Chairman Sanchez: I'll tell you what, why don't we get all the continuance out of the way -- Commissioner Allen: Great. Chairman Sanchez: -- so all those that are here could just go on home to their families, or go back to work and we don't keep you sitting around City Hall. What are the items that are going to be -- Ms. Slazyk: OK. My understanding -- Chairman Sanchez: -- deferred? Ms. Slazyk: -- is -- well, let me get the administration's continuance out of the way first. PZ.20, which is the mural ordinance, we'd like it continued to the second meeting in April. Chairman Sanchez: All right. Ms. Slazyk: The PZ (Planning & Zoning) meeting of April, we would like that continued. Chairman Sanchez: All right. Is there a motion to defer PZ.20 to the second meeting in April? Vice Chairman Gonzalez: PZ22 or PZ20? Chairman Sanchez: 20. Ms. Slazyk: 20. Commissioner Allen: PZ.20? Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a -- Commissioner Allen: Second. Chairman Sanchez: -- motion by Vice Chairman. There's a second by Commissioner Allen. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 126 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously, so PZ.20 has been deferred to the second meeting, which is a PZ meeting, in April. What other items? PZ.21 04-01101 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4 AND 6, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS AND SECTION 614 SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS; IN ORDER TO MODIFY THE C-1 RESTRICTED COMMERCIAL AND SD-14 ZONING CLASSIFICATIONS WITH REGARDS TO FOOTPRINT LIMITATIONS; ADDING CONDITIONS FOR APPROVAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01101 Fact Sheet.pdf 04-01101 PAB Reso.PDF 04-01101 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 1, 2004 by a vote of 6-0. PURPOSE: This will relax footprint regulations in the C-1 Restricted Commercial and SD-14 Latin Quarter Commercial -Residential, and Residential Districts for projects that provide liners. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12649 Chairman Sanchez: All right. We move on to PZ.21. It's an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.21 is the second reading. This is the footprint ordinance for C-1 and SD-14. This was approved on first reading November 18, and there were some comments made on the record about changing some of the language for the upper levels to reduce the liner requirements. We've met with Mr. Pastoriza and some of the architects who have current projects going, and we modified the language, as requested by the Commission, so we would recommend approval with -- of the modified language. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So moved. Vice Chairman Gonzalez: Moved -- second. City of Miami Page 127 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. Before we open it up for discussion from the Commission, it is an ordinance on second reading, requiring public hearing -- a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed for the record, and coming back for the Commission for further discussion. Hearing none, we turn it over to the City Attorney to read the ordinance, and then the Clerk to perform roll call. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: This ordinance truly provides good urbanism for the entire city. Ms. Slazyk: Yeah. Chairman Sanchez: Especially -- and especially other areas that are urban infill. I mean, we've discussed this back and forth, and these are things that people need to take into consideration, that we are passing proper legislation to not only beauty our city, but also to address their concerns. They're bringing concerns -- oh, these garages, they look horrible. ( UNINTELLIGIBLE) they're going to have liners now and stuff, so you know, they need to take into consideration that we're taking the appropriate action. Ms. Slazyk: Right. This is one where a little bit of foot -- a bigger footprint makes a lot of sense because 40 percent was definitely a suburban requirement, but in exchange for it, we're going to be getting better liners, so the developer gets something and we get something. PZ.22 04-01283 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 11, SECTION 1102. NONCONFORMING LOTS, IN ORDER TO MODIFY LANGUAGE PERTAINING TO EXCEPTIONS TO THE DIVISION OF CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01283 Fact Sheet.pdf 04-01283 PAB Reso.PDF 04-01283 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. City of Miami Page 128 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 PURPOSE: This will modify language pertaining to exceptions to the division of contiguous nonconforming Tots under the same ownership. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12650 Chairman Sanchez: All right. PZ.22 is an ordinance on second reading. Lourdes Slayk (Assistant Director, Planning & Zoning): PZ22 is the second reading ordinance for the nonconforming lots. This is the one that I explained on first reading, where we actually used some Coral Gables language to help define lots within a thousand foot radius. If someone has a nonconforming lot and they want to build on it and they own -- happen to own more than one, our current Code won't let them do it because they're nonconformities, but if the prevailing lot size in that district is the same as what they have, then by not allowing them to develop it in accordance with what the prevailing character is, you're actually hurting a neighborhood. Someone puts a big house on two little lots and the whole neighborhood is made up of little houses, it's just as bad as tearing down a big house and putting two little ones in its place, so what this does is it looks to a thousand foot radius of the subject project to define what the character of that neighborhood is and allow them to do what the prevailing character is. This was recommended approval and passed first reading December 9. Chairman Sanchez: A// right. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: Motion by Commissioner Winton. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Before we open it for discussion, it is an ordinance on second reading requiring a public hearing. The public hearing is open at this time. Anyone wishing to speak on this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for further discussion. Hearing none, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Commissioner Winton: 1 was thinking about that. Maybe 171 convert to all ayes. PZ.23 04-01441 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 8, SECTION 803, NCD-3 COCONUT GROVE NEIGHBORHOOD City of Miami Page 129 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 CONSERVATION OVERLAY DISTRICT; IN ORDER TO CREATE THE NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; ESTABLISH PROTECTIVE LEGISLATIVE ELEMENTS INCLUDING ZONING OVERLAYS, ZONING REVISIONS, DESIGN GUIDELINES AND OTHER MECHANISMS PROVIDED FOR IN ARTICLE 8 FOR COCONUT GROVE; CREATE SPECIAL DISTRICT REQUIREMENTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01441 Fact Sheet.PDF 04-01441 Analysis.PDF 04-01441 PAB Reso.PDF 04-01441 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 1, 2004 by a vote of 7-0. See companion File ID 04-01441 a. PURPOSE: This will create the NCD-3 Coconut Grove Neighborhood Overlay District and establish special district requirements. NOTES: Per City Attorney's Office, remanded to First Reading. Motion by Commissioner Regalado, seconded by Commissioner Winton, 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 Allen Chairman Sanchez: All right. PZ23 is an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. PZ.23 and 24. This is also -- this is the NCD-3 ordinance for Coconut Grove. 1 know there were a lot of people that wanted to speak on this. Chairman Sanchez: Well, I'll tell you what. Ms. Slazyk: I don't know if you want to -- you want to do them? Chairman Sanchez: Let's -- Commissioner Allen: Can we defer it till the afternoon? Ms. Slazyk: I mean, they were advertised for the morning -- Chairman Sanchez: Let's -- Ms. Slazyk.: -- and the other two, as well, but 1 think -- Chairman Sanchez: Well, let's go ahead and hold off on PZ23. City of Miami Page 130 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Allen: Right. Chairman Sanchez: The way we're going with this agenda, we're going to be coming back at 2: 30, and let's say that we spend an hour and a half, the latest -- Ms. Slazyk: Right. Chairman Sanchez: -- on the item -- Ms. Slazyk: On the NCDs (Neighborhood Conservation Districts), right. Chairman Sanchez: -- that's coming back (UNINTELLIGIBLE) that, and then we'll probably be out of here by maybe 3 o'clock, so let's afford them the opportunity to try to make it this afternoon, so they could address this item. Why don't we go ahead and recess the Commission meeting, go to lunch, and meet back at 2:30? Commissioner Allen: 1 move -- Chairman Sanchez: All right. Vice Chairman Gonzalez: 2:30 be all right. Chairman Sanchez: City of Miami Commission stands in recess. We'll be back at 2:30. Chairman Sanchez: The City of Miami Commission meeting is called to order. We're going to go ahead and proceed with some of the PZ (Planning & Zoning) items, and soon we'll get to the RE.1, which is the item that most of you are here for. Let's go ahead and start with PZ.24, I believe, and we're going to give a little bit more time to those that have asked for PZ.18 and 19 - - let's start with PZ.23, which is one that's noncontroversial. Commissioner Allen: PZ.23. Chairman Sanchez: PZ.23. Commissioner Allen: Yes. Is Lourdes -- oh, Lourdes is here. Ms. Slazyk: I'm here. Commissioner Allen: Yes. Ms. Slazyk: PZ.23. Chairman Sanchez: PZ.23 is an ordinance on first reading. Ms. Slazyk: Yes. PZ.23 and 24 are actually companion items for the NCD-3 for Coconut Grove. This is an amendment. I'm going to give you a quick little briefing of what it is, and we have a Planner here from our department who can help explain it in more detail. This process started with the community actually quite some time ago with the Coconut Grove master -- the planning study that was done. From that time until now, we've actually -- in the last maybe year and a half or so, two years, we've been meeting with the community to try to put this effort forward. We -- there are a lot of things the community had said they wanted this to include. You know that in Coconut Grove, the McMansions have gotten to be an issue over the past years, and through the development of this Neighborhood Conservation District, we tried to address a lot of the issues that the community had told us were issues for them. Just real quickly, some of the City of Miami Page 131 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 things this does is that it requires additional notice for special exception permits and variances, so that the neighborhood associations that are registered with the City would be able to offer some input to the director in these things. We've added some variable setbacks. One of the principle purposes of this NCD (Neighborhood Conservation District) is to preserve the green space and the trees in Coconut Grove, so we've increased the amount of green space required. We've added flexible setbacks that allow you to move your building around on the property if it's important to save a tree or some other significant environmental feature. We've added increased setbacks for garages to make sure the garages are pushed back and are not the prominent feature, architectural feature. We've put prohibitions in here against cookie -cutter homes within the same block. We've put provisions in here for landscape requirements for fences and all of the things that would kind of help preserve the green and the significant environmental features in Coconut Grove. I'm now going to introduce Patrick Hood -Daniel from the Planning Department. Commissioner Regalado: Let me ask -- Ms. Slazyk: Yes. Commissioner Regalado: -- you something. The area also includes -- its boundary is on US 1, right? Ms. Slazyk: Yes. Commissioner Regalado: And of course, it includes the former Kmart? Ms. Slazyk: Yes, but this NCD-3 -- for this phase of NCD-3, all it's addressing is R-1 single- family. Commissioner Regalado: Yeah, and the second question is, no -- it doesn't address the commercial? Ms. Slazyk: No, not at this level. We've put in here -- we've reserved sections for the future. The amount of study that went into creating this one was significant. We actually took real properties in Coconut Grove, tested this ordinance, retested the ordinance to make sure that it worked, and we're -- Commissioner Regalado: But this is similar like -- to Coral Gate. Ms. Slazyk: This is -- it's similar in some respects in that it's an NCD, but what the intent of the Coral Gate was to prohibit non -- true single-family residential uses. The primary intent of this one is preserving and enhancing the character, single-family character of Coconut Grove, which goes to the green, it goes to the variety and architectural expressions in the Grove; it's a different intent, but the same effect, same exact effect. I'm going to let Patrick go through a little bit more of what we went through in the process of developing this, and then, if you have any questions, we'll both be here to answer. Patrick Hood -Daniel: Good afternoon. Patrick Hood -Daniel, with the City of Miami Planning Department, Urban Design Division. The item before you is a Neighborhood Conservation District for Coconut Grove and contain many of the wishes of the Coconut Grove neighborhood. The issues important to the neighborhood is to preserve and enhance the heavy landscape character in the residential areas, which will be done in conjunction with the tree protection ordinance currently awaiting -- or actually, I think it had already went through second reading - - and to stimulate architectural variety. The neighborhood wanted to be aware and include in the approval process for new developments. The ordinance enables community feedback through their community association, provided they are registered with the local Neighborhood City of Miami Page 132 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Enhancement Team. Issues of protecting the landscape and providing architectural variety that is important to the neighborhood has been addressed with variable setbacks, increasing the green space, requiring a Class I for demolition in order to verify the landscape on the property, and for existing densities for -- remain for contiguous properties of ownership. The issues important to the neighborhood also pertain to the impacts of the garage fronting new developments and minimizing the social characteristics of the building. This is addressed by adding an additional 20-foot setback to the garage from the front of the house, reducing the driveway width as it approaches the house in the public right-of-way, allowing for tandem parking, and a maximum of nine feet per garage, with opening. Finally, to enhance pedestrian activity on corridors, the ordinance addresses the need for a buffer between the pedestrian and vehicular traffic, uses to be developed to promote pedestrian activity, and the reduction of the driveways and driveway widths to reduce the pedestrian of vehicular conflict points. Chairman Sanchez: All right. Any questions? If not, is there a motion for this ordinance? Commissioner Regalado: 1 move it. Chairman Sanchez: There's a motion by Commissioner Regalado. We need a second for the purpose of discussing, or else I will prepare to pass the gavel and make a second. Vice Chairman Gonzalez: Well, you know, I'm willing to second it, but I don't see the district Commissioner here, and to me, that's a concern. I don't know how the district Commissioner feel about this. Chairman Sanchez: I think the district Commissioner was a champion behind this. Vice Chairman Gonzalez: He was? Ms. Slazyk: Yes. We've been working with the Commissioner's office. We've had meetings with Frank Balzebre and they're aware of this item. Vice Chairman Gonzalez: All right, then I second it. Chairman Sanchez: All right. Ms. Slazyk: There he is. Chairman Sanchez: He is -- Vice Chairman Gonzalez: Oh, there he is. Chairman Sanchez: -- he is here for the record. Commissioner Winton, this is your item. It's PZ .23, and that's a specialty -- Ms. Slazyk: This is NCD-3 for Coconut Grove. Chairman Sanchez: -- for Coconut Grove, which you have championed it, so there -- Vice Chairman Gonzalez: Johnny, it was moved and I said, before I second it, I had a concern; that I don't know if -- you know, if you were consulted about this, so you know, I wasn't willing to Commissioner Winton: Yes, this has been going on -- Vice Chairman Gonzalez: -- take any action without your presence. City of Miami Page 133 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Winton: -- this has been going on for many moons, so -- Vice Chairman Gonzalez: All right. Commissioner Winton: So -- Chairman Sanchez: All right. There's a motion by Commissioner Regalado -- Vice Chairman Gonzalez: Then I second it. Chairman Sanchez: -- second by Commissioner Winton. 1t is open for discussion. Before we open it up for discussion, it is an ordinance that requires a public hearing. The public hearing is opened at this time for anyone wishing to address this item, please step forward and be recognized Seeing none, hearing none, the public hearing is closed, coming back for the Commission for further discussion. Hearing none, Mr. City Manager [sic], could you read the ordinance into the record? Jorge L. Fernandez (City Attorney): Certainly. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.24 04-01441a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NOS . 37, 38, 43, 44, 45, 46, 47, AND 48 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY ADDING THE NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY US-1 ON THE NORTH; SOUTHWEST TWENTY-SIXTH ROAD ON THE EAST; BISCAYNE BAY ON THE SOUTH AND THE CITY LIMITS ON THE WEST, SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART THEREOF AND COMPLETE LEGAL DESCRIPTIONS ON FILE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01441a Fact Sheet.PDF 04-01441a Analysis.PDF 04-01441a Zoning Maps.pdf 04-01441a PAB Reso.PDF 04-01441a Legislation.PDF 04-01441a Exhibit A.pdf REQUEST: To Amend Ordinance No. 11000, To Add the NCD-3 Coconut Grove Neighborhood Conservation Overlay District to All Underlying Zoning Classifications to Change the Zoning Atlas City of Miami Page 134 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 LOCATION: The Area Generally Bounded by US-1 on the North; SW 26th Road on the East; Biscayne Bay on the South and the City Limits on the West APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 15, 2004 by a vote of 7-0. See companion File ID 04-01441. PURPOSE: This will change the above properties to NCD-3 Coconut Grove Neighborhood Conservation Overlay District. NOTES: Per City Attorney's Office, remanded to First Reading. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (Planning & Zoning) -- Chairman Sanchez: PZ24 is a companion item. Ms. Slazyk: Companion. Chairman Sanchez: It's also an ordinance on first reading. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Winton, second by Vice Chairman Gonzalez. Before we open it for discussion on the Commission, it requires a public hearing. Anyone from the public wishing to address this item, please step forward to be heard. Seeing none, hearing none, the public hearing is closed, and we come back to the Commission for discussion. Hearing none, Mr . City Attorney, read the ordinance into the record. The Ordinance was read by tide into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.25 04-01442 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City of Miami Page 135 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 629, TO ESTABLISH NE 2ND AVENUE SPECIAL OVERLAY DISTRICT; IN ORDER TO CREATE THE HISTORIC LEMON CITY/LITTLE HAITI VILLAGE SPECIAL OVERLAY DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR WORK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01442 Fact Sheet.pdf 04-01442 Analysis.PDF 04-01442 PAB Reso.PDF 04-01442 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 15, 2004 by a vote of 7-0. See companion File ID 04-01442a. PURPOSE: This will establish the NE 2nd Avenue Special Overlay District and create the Historic Lemon City/Little Haiti Village Special Overlay District. Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: PZ.25 is an ordinance on first reading. Lourdes Sla_ryk (Assistant Director, Planning & Zoning): Correct. PZ.25 and 26 are actually companion items. This is in order to create a new SD-29 Special Overlay District for the historic Lemon City/Little Haiti Village. I will have -- ask Gregory Gay, from the Planning Department, to make a brief presentation to you all. Chairman Sanchez: OK. Gregory Gay: Good afternoon, Chairman, members of the Commission. My name is Gregory Gay, with the City of Miami Planning Department. Briefly, the SD-29 overlay is an overlay that is dealing with uses along Northeast 2nd Avenue. The parameters are from approximately Northeast 54th Street up to 71st Street. They are dealing specifically with the properties that are zoned C-1 at this time. What we're doing is controlling some of the uses that are occurring along that corridor at this time. There are some uses that are going to be prohibited from that area. The ones that are active there now will be grandfathered in for a period of time. The uses that will not be permitted deal specifically with community -based residential facilities, new auto sales, used auto sales, storage of wrecked automobiles not in operational condition, ambulatory services, vehicle rental facilities, sewing and rag shops, hiring halls and labor halls, recycling of aluminum, and clinics over 5,000 square feet, mortuaries and pharmaceutical laboratories. There are some other uses that will be allowed under a conditional provision, either through a Class II Special Permit or a special exception. This will not be, in any way, shape or form, City of Miami Page 136 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 hindering the future development of commercial development, or residential development, or recreational development in the future for that area. Chairman Sanchez: Thank you, sir. We need a -- this is an ordinance on first reading. It will require a public hearing. Is there a motion on the ordinance? Vice Chairman Gonzalez: Move it. Commissioner Allen: I move the -- Chairman Sanchez: There's a motion -- Commissioner Winton.' Second. Chairman Sanchez: -- by Commissioner Allen, second by Vice Chairman Gonzalez for the purpose of discussion. Before we discuss it in the Commission, let's open up the public hearing. Anyone from the public wishing to address this item, please step forward and be recognized Hearing none, seeing none, the public hearing is closed It comes back to the Commission for discussion. Hearing none, Mr. City Manager, read the ordinance -- Mr. City Attorney, read the ordinance on first reading for the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.26 04-01442a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NOS . 13, 14, 15 AND 16 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY ADDING THE SD-29 HISTORIC LEMON CITY/LITTLE HAITI VILLAGE SPECIAL OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY NORTHEAST SECOND AVENUE, FROM NORTHEAST FIFTY-SECOND STREET TO NORTHEAST SEVENTY-FIRST STREET AND LIBERALLY BOUNDED BY APPROXIMATELY 100-150 FEET ON THE EAST AND WEST SIDE OF NORTHEAST SECOND AVENUE (PROPERTIES ZONED C-1, SEE ZONING ATLAS); SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF AND COMPLETE LEGAL DESCRIPTIONS ON FILE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 137 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 04-01442a Fact Sheet.pdf 04-01442a Analysis.PDF 04-01442a Zoning Map 1.pdf 04-01442a Zoning Map 2.pdf 04-01442a Aerial Map 1.pdf 04-01442a Aerial Map 2.pdf 04-01442a PAB Reso.PDF 04-01442a Legislation.PDF 04-01442a Exhibit A (1 of 2).pdf 04-01442a Exhibit A (2 of 2).pdf REQUEST: To Amend Ordinance No. 11000, To Add the SD-29 Historic Lemon City/Little Haiti Village Special Overlay District to All Underlying Zoning Classifications to Change the Zoning Atlas LOCATION: The Area Generally Bounded by NE 2nd Avenue, from NE 52nd Street to NE 71 st Street, and Liberally Bounded by Approximately 100-150 Feet on the East and West Side of NE 2nd Avenue APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 15, 2004 by a vote of 7-0. See companion File ID 04-01442. PURPOSE: This will change the above properties to SD-29 Historic Lemon City /Little Haiti Village Special Overlay District. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, 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 Allen Lourdes Slazyk (Assistant Director, Planning & Zoning): 26 is the companion. Commissioner Allen: Right. Chairman Sanchez: PZ.26 is a companion item to PZ.25. It's an ordinance on first reading. Madam Director. Ms. Slazyk: This is the atlas amendment that goes with the special district. We recommend approval. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move it. Commissioner Winton: Second. Chairman Sanchez: There's a motion by the Vice Chair, second by Commissioner Winton. Requires a public hearing. At this time, the public hearing is open. Anyone from the public wishing to address this item, please step forward and be heard or recognized. Seeing none, seeing none, the public hearing is closed. City of Miami Page 138 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Winton: Seeing none, seeing none. Chairman Sanchez: There's a motion and a second. Any further discussion? Hearing no discussion, Mr. City Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Attorney -- I mean, Madam Clerk, read the -- roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Winton: Read the roll call. Chairman Sanchez: Read the roll -- The Ordinance was read by title into the public record by the City Attorney. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.27 04-01358 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 10, SECTION 10. 4 RELATING TO SIGN REGULATIONS/GENERAL REQUIREMENTS; MORE PARTICULARLY BY AMENDING SUBSECTION 10.4.5 TO MODIFY LANGUAGE PERTAINING TO OUTDOOR ADVERTISING SIGNS TO ALLOW FOR ISSUANCE OF SIGN PERMITS THAT RESULT IN A NET REDUCTION IN THE NUMBER OF EXISTING OUTDOOR ADVERTISING SIGNS PURSUANT TO CITY COMMISSION AUTHORIZED SETTLEMENT AGREEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND, PROVIDING FOR A RETROACTIVE EFFECTIVE DATE. 04-01358 Fact Sheet.pdf 04-01358 PAB Reso.PDF 04-01358 Legislation.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 19, 2005 by a vote of 5-0. PURPOSE: This will allow for issuance of sign permits that result in a net reduction in the number of existing outdoor advertising signs. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 139 Printed on 2116/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: PZ.27. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.20 -- Chairman Sanchez: Are we prepared for that? Ms. Slazyk: Yeah. This is the amendment to the sign ordinance to allow us to issue permits for outdoor advertising signs pursuant to any settlement agreements that have been approved by this Commission. Chairman Sanchez: All right. Is there a motion on this ordinance on first reading? Commissioner Winton: Yeah. Commissioner Allen: I'll move. Commissioner Winton: OK, I'll move it. Chairman Sanchez: OK. There's a motion by Commissioner Allen, second by Commissioner Winton for the purpose of discussion. Before we open it up for discussion on the Commission, this is a public hearing requiring a public hearing. It's an ordinance. Anyone from the public wishing to address this item, please step forward and be recognized on it. Seeing none, hearing none, the public hearing is closed, coming back for discussion. I have a question for the attorney. Does this, in any way, jeopardize or impedes in the pending settlement? Jorge L. Fernandez (City Attorney): No, all to the contrary. This is a requirement of the settlement. This item should have come to you perhaps a little bit earlier than today, but this is, intact, essential to effectuate the settlements that you have already entered into. Commissioner Winton: Oh, OK. Chairman Sanchez: But my question here is -- and it's just for the point of clarification, is that this could only be used when the settlement takes place? Mr. Fernandez: Exactly, and for no one else. Ms. Slazyk: And approved (UNINTELLIGIBLE) Chairman Sanchez: OK. That's what 1 needed -- Mr. Fernandez: Exactly. Chairman Sanchez: -- to clarify. Mr. Fernandez: And for no other purpose. Chairman Sanchez: OK. I have no further questions. Does anyone have any questions? Vice Chairman Gonzalez: No. That was my concern. Chairman Sanchez: That was -- Vice Chairman Gonzalez: 1 was going to ask that. Mr. Fernandez: Yes, and that's very clear. City of Miami Page 140 Printed on 2116/2005 City Commission Verbatim Minutes January 27, 2005 Chairman Sanchez: OK. All right. If there is no further discussion, it is an ordinance on first reading. Mr. City Attorney, please read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5f0. City of Miami Page 141 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 NON -AGENDA ITEMS NA.1 05-00070 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JUDGE HENRY LATIMER UPON HIS UNTIMELY DEATH. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0068 Chairman Sanchez: City of Miami Commission meeting is being called to order here at our historical City Hall. We welcome you this morning, being here with us. Before we start the meeting, let me take the opportunity -- I think that South Florida -- the entire world has lost a great human being, Henry Latimer -- Commissioner Allen: Yes, Judge Latimer. Chairman Sanchez: -- who passed away in a car accident. I think that we take this opportunity to honor his memory; a gentleman who was a respected icon in the legal community of three counties. He was called the "lawyer's lawyer" -- Commissioner Allen: Yes. Chairman Sanchez: -- and emblazed a way for black lawyers as a jurist, mentor and leader for all the community, not just the legal profession. I would like to have one of my colleagues make a motion for a resolution of condolences to be presented to his family in the near future. Is there a motion? Vice Chairman Gonzalez: I'll move it, Mr. Chairman. Commissioner Allen: I move it. Chairman Sanchez: There's a motion by the Vice Chair. Unidentified Speaker: Second by -- Chairman Sanchez: There's a second by Commissioner Allen. Discussion on the item. Commissioner Allen: Just a quick discussion. I'm -- Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Mr. Chairman, 1 endorse what you've just indicated. In fact, Judge Latimer -- I'm, to some extent, a protege of Judge Latimer. He was very instrumental in my career, as a trial lawyer, and he was always available to give you good advice, solid advice and constructive advice, and as I look out here in the audience, I see another attorney who would probably share in that same view, as well, so with that, I would clearly endorse this resolution. Chairman Sanchez: Thank you. All in favor, say "aye. " City of Miami Page 142 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Make sure that the resolution of condolence is prepared so we could, the Commission, present it to his family. NA.2 05-00074 DISCUSSION ITEM Chairman Sanchez directed the City Attorney and City Manager to coordinate a workshop as soon as possible to educate the members of the City Commission on Masons Rules of Order. DISCUSSED Chairman Sanchez: Before we go on to the Commission item, let me just -- at some time, when I was first appointed the Chair, 1 asked the Legal Department to put together a workshop reference to protocol and Mason's Rules of Order. I believe that the Legal Department is prepared to do that. However, they want to make sure that all the Commissioners are able to attend. If not, they could have their staff attend the meeting, and I think it's paramount for us to get well educated as to the protocol and the rules that govern our city under the City Charter, so Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. We're ready to proceed. We basically need to have an idea from the Commission as to when would be most appropriate, when you would be able to set aside at least a good three-hour -- two- to three-hour chunk of time, so that we can have a very thorough look into Mason Rules of Procedure, and at the time, also consider what the Chairman has been trying to do, which is look at issues of protocol regarding those rules of procedure also. Chairman Sanchez: Since it's under the City Charter, I'm not allowed to direct you. Maybe the City Manager can assist in putting this meeting together. Commissioner Winton: 1 would suggest we do it in exactly two years and nine months. Chairman Sanchez: I would have to disagree with you, but I just think it's very important for us to really understand the complicity of the rules that govern this body, and I think it's just -- it would put us on another level to make sure that we do run the meetings more professionally, in a way, and really, I mean, if you look at it, we have streamlined the agenda. A lot of people are very happy that we're not leaving here at two o'clock in the morning, or at ten o'clock at night. We're getting out of here at a decent hour. I think we do a tremendous injustice when we have citizens that come here and they have to spend here till one o'clock in the morning, twelve o'clock at night to address this Commission. It's just an incredible injustice, so -- Commissioner Winton: So it seems to me like you've learned the procedure quite well, and you're our leader, so we're thrilled. Chairman Sanchez: Well -- but I think we could always improve it, so therefore, I'm respectfully asking all my colleagues to work with the Legal Department and put together this workshop, and if you can't attend, maybe you could send your Chief of Staff or members of your office to improve the process. I think -- I strongly believe that we still have a long way to go to get these meetings running the way it should be running. Commissioner Allen: Right. Mr. Fernandez: Mr. Chairman -- Commissioner Allen: Mr. Chairman, could I proffer a date certain, next Tuesday? Mr. Fernandez: Yeah, and the thing is that I didn't want to scare anyone by my projection of City of Miami Page 143 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 time. Actually, it wouldn't take more than 45 minutes to an hour for us to make the presentation of the outline, but then we're -- we need to factor in the fact that you will have many questions and you will want to address issues related to protocol at that meeting also, and so that's why 1 suggested maybe an hour and a half, two hours. Chairman Sanchez: It will be a very entertaining and fun workshop. Mr. Fernandez: Right, it will be. Chairman Sanchez: All right. Mr. Fernandez: That it will be. Chairman Sanchez: So let's get it done as quickly as possible, please. Mr. Fernandez: We're ready to proceed as soon as you can give us a date. Chairman Sanchez: Well -- Commissioner Allen: Is it suggested -- Chairman Sanchez: I'm prepared to do it anytime -- Commissioner Allen: Yeah. Chairman Sanchez: -- soon. Commissioner Allen: Mr. Chairman, if I may, is it suggested that we get this done before the next Commission meeting? Is that your advice or suggestion? Mr. Fernandez: Actually, there -- from our perspective, there is not that urgency. Commissioner Allen: OK. Mr. Fernandez: We could, 1 think, plan it for some time and give everyone plenty of time to anticipate for late March, early April. Commissioner Allen: OK. Chairman Sanchez: That's perfectly fine. Mr. Fernandez: 1 think in that time frame would be -- Commissioner Allen: Thank you. Chairman Sanchez: All that I'm saying is let's get it done. It's been a couple of months already and we haven't done it, so -- Mr. Fernandez: Yes. Chairman Sanchez: -- let's get it done. NA.3 05-00075 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, directing the City City of Miami Page 144 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Attorney to prepare appropriate legislation to impose a levy or permit fee on gambling machines placed within the City of Miami; further stipulating that the revenue from said levy or permit fee be earmarked for social services, such as programs to feed the elderly. MOTION Commissioner Regalado: What -- Mr. Chairman, this brings an issue which I think is a time sensitive and urgent. We will have an special election for the gambling machines in Miami - Dade County on March 8 of this year, very few weeks from now, and also we will have the straw ballot question in the City of Miami. It is expected that the turnout will not be greater than 30, 35 percent on this special election. It is expected, as always, that the turnout in the City of Miami will be more than 35 percent of the registered voters. I believe that this decision that the people of Miami and the people of Dade County, but especially the people of Miami, who do vote in more numbers than the rest of the County, is our only hope to save the social programs in the City of Miami. Of the 6,000 gambling machines that will be installed in Miami -Dade County, 3, 000 will be at District 4, at the Flagler Dog Track; around 2,000 on District 1, Miami Jai Alai, and the rest in Aventura, in the Gulfstream Race Track 1 would like to entertain a motion to ask the City Attorney to bring back, on the next Commission meeting, a draft of the ordinance placing an special municipal permit -- a special municipal permit on each of the gambling machines, within the municipality of the City of Miami, of $10 a month, like the City of Las Vegas has for its municipality, besides what the Nevada state has, and that this Commission would earmark all this money from the licensing of these gambling machine for -- to supplement CDBG (Community Development Block Grant) money for social services in the five districts in the City of Miami. I understand that the State Legislature has to structure this issue, and that the State can decide that municipalities or counties do not have any say on this, but 1 have spoken to State Legislators and they will not be against having an amendment to the structure of this project as a law, in terms of taxes, so the City of Miami can issue permits for each gambling machine in order to collect around $500, 000 a year that will solve the crisis that the Chairman mentioned the other day, crisis that is coming; 50 percent reduction in CDBG funding; this year, 30 percent, so 1 would like my colleagues to support asking the City Attorney to bring back this ordinance for our consideration and debate in the next Commission meeting. The thing is that we have to do it before the State Legislature meets in March, and so I'm offering this idea, which 1 think will solve all problems. Commissioner Winton: Make a motion. Commissioner Regalado: 1'!1 make a motion to direct the City Attorney -- Chairman Sanchez: There is a motion -- Vice Chairman Gonzalez: 1 second for discussion. Chairman Sanchez: There is a motion directing the City Attorney to prepare language to a permitting process for all slot machines and bring back to this legislative body for further discussion or debate on the item. There is a second by -- Vice Chairman Gonzalez: For discussion. Chairman Sanchez: -- Vice Chairman Gonzalez, who is recognized for the purpose of discussion Vice Chairman Gonzalez: Yes, Mr. Chairman. Just -- Commissioner Regalado, 1 support your idea 100 percent, but what 1 wouldn't like to do is to tie this motion to any specific numbers. I think that we need to do a study and find out exactly how much we will need in order to provide the services that, eventually, we're not going to be able to provide if these cuts continue to come City of Miami Page 145 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 down from Washington, so I support the idea 100 percent. I'll work on it as much as, you know, as I can in order to support it and do whatever it takes, but 1 think that we need to really do a study of -- you know, how much we're going to need. Commissioner Regalado: Right. Vice Chairman Gonzalez: Actually going to need. Commissioner Regalado: Mr. Vice Chairman, I just used the $10 because of Las Vegas. Vice Chairman Gonzalez: Yeah, but -- well -- but maybe Las Vegas don't have the type of need that we have in the City of Miami. Commissioner Regalado: No, 1 mean -- you know, hey -- Vice Chairman Gonzalez: So -- Commissioner Regalado: --1 mean, you know what they say, "sin tax." Vice Chairman Gonzalez: Right, so, yeah, I'll support it. I just wanted to make that point. I support the -- Commissioner Regalado: So the motion is without the money to consider the amount. Chairman Sanchez: And any other discussion on the item? If not, the City Attorney will come back with language, and basically, we could debate it there and have more information pertaining -- as to the pros and cons of this proposed legislation. Commissioner Winton: Yeah, and I think it's important to -- there may be -- what I like about it is it gets a discussion out on the table. I like the fact that there's a potential revenue stream here, and there may be some other ideas, and so having -- bringing this debate to the table is a real good idea, and there may be some other ideas that could be even more favorable, but I think the concept's great to get out on the table here. Commissioner Regalado: But, remember, whatever money -- and that's something, you know, we need to spare ourselves the anguish. Commissioner Winton: Oh, I'm in agreement. Commissioner Regalado: And whatever money we get has to go to social services to supplement Vice Chairman Gonzalez: Well, you know -- Commissioner Regalado: -- because, you know, the elderly people are not going to go away. 1 mean -- Vice Chairman Gonzalez: Well, you know, when you said social services, 1 -- you know, we have to be more specific because -- Commissioner Winton: Bingo. Commissioner Regalado: Elderly -- Vice Chairman Gonzalez: -- basically, the -- City of Miami Page 146 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Commissioner Regalado: -- elderly -- Vice Chairman Gonzalez: -- most important -- Commissioner Regalado: -- centers. Vice Chairman Gonzalez: -- thing that we have -- Commissioner Regalado: Elderly centers. Vice Chairman Gonzalez: -- is feeding, you know. Commissioner Regalado: Yeah, exactly. Vice Chairman Gonzalez: And, you know, I agree 100 percent with the idea, with the principle and, you know, like 1 said, you know, I will support it 100 percent -- Chairman Sanchez: All right. Vice Chairman Gonzalez. -- but I want it to be for feeding of the elderly. Commissioner Regalado: Exactly. Chairman Sanchez: And we will all have an opportunity to address all those concerns with the City Attorney. Mr. City Attorney, you're recognized. Jorge L. Fernandez (City Attorney): Well, with -- this is actually the very first time, or very recently the first time, that I hear about this, and the reference was made to a special permit. We do have already in place, as you know, the occupational license, and that occupational license tax, I am sure, by my experience with it, that could be a levy that could be placed on that, but my understanding from what I understand the motion to be is that you want it to be a special permit, something above and beyond that which we already have in the books. Commissioner Regalado: Absolutely. Mr. Fernandez: OK, and so if that is the case, 1 can begin working on the body of the ordinance, but we need to do research to make sure that we're not talking about a tax because we have limited ability, if nonexistent ability, actually, to place a tax without the consent of the legislature Commissioner Regalado: But let me ask you this, is the fire fee a tax? Mr. Fernandez: You don't want to go into the fire fee. Commissioner Regalado: Well, let me ask you this, is a permit a tax? Mr. Fernandez: No, it isn't. Commissioner Regalado: OK. Mr. Fernandez: And what -- and we are certainly going to be working, but the point I'm trying to make is a time frame. In February, you have two meetings, and I don't know that, by the first meeting in February, in two weeks, we would be able to have done the research; we would have done the findings, establish the findings that need to be made to be able to justify the imposition City of Miami Page 147 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 of the permit fee, whatever that permit fee is. Because that fee has to bear a rational basis, a rational nexus to the services that we're going to be providing with regard to those machines coming on the scene, and so the idea being that at the next City Commission meeting, we will have something for you to debate and discuss, giving you all of the options and choices you have, and then give us an opportunity to advertise for passage first reading for the second meeting in February. Commissioner Winton: No, that works. That works. Chairman Sanchez: Yeah. I would yield. Commissioner Regalado: OK. There is -- in cities like Atlantic City -- Mr. Fernandez: Um-hmm. Commissioner Regalado: -- or Las Vegas, these municipalities do not offer the service for the permit fees on the slot machines. They just have a permit fee for slot machines. Mr. Fernandez: Yeah, and I'm sure they do, and the thing is that we need to do the research to make sure that that was, in fact, something they did because of their home rule powers, or something that the legislature allowed them to do, and then, in doing so, we'll be researching and talking to them, starting today, to make sure that we get as much information as we can from them because they're the experts. Commissioner Regalado: Right. Mr. Fernandez: They have had gambling forever; we haven't. Commissioner Regalado: One final thing. The good thing about this is that our City lobbyists in Tallahassee knows a lot about this because it's the lobby of the pari-mutuel, and this is why we need to have, before the regular session, something in place so we can take to the legislature. Mr. Fernandez: And he will be one of my resources, I assure you. Chairman Sanchez: Well, Mr. City Manager, as quickly as possible, just bring back well-defined information as to what has been presented here. All we're doing here is directing you to come back with the information; get the is dotted, the is crossed, and a well-defined definition of what has been discussed here. Having said that, is there any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The resolution carries. NA.4 05-00073 DISCUSSION ITEM Vice Chairman Gonzalez congratulated Joe Arriola on his second anniversary as City Manager. He also recognized his sister and his cousin who were visiting from Spain. DISCUSSED Vice Chairman Gonzalez: Mr. Chairman, if you allow me, I would like to recognize -- 1 don't know if he's watching, but today is the second anniversary of Mr. Joe Arriola as our City Manager -- Commissioner Winton: Oh, my goodness. City of Miami Page 148 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Vice Chairman Gonzalez: -- and 1 want to thank him -- Chairman Sanchez: Is it our anniversary? Vice Chairman Gonzalez: -- for his services. Yes, sir. Commissioner Winton: Oh, my goodness. Vice Chairman Gonzalez: Two years, two years, two years. Chairman Sanchez: Well, as a City Manager, because some people predicted he wouldn't survive two weeks. Vice Chairman Gonzalez: Yeah, that's right, so you know, we need to congratulate him. Commissioner Winton: I think that -- Commissioner Allen: Great. Commissioner Winton: -- was in the Herald several times. Chairman Sanchez: Yeah, yeah. He's got -- as a matter of fact, he's still -- Commissioner Winton: I think there's -- Chairman Sanchez: People are still taking him out to lunch, with all the bets. Commissioner Winton: I think there's an active pool still going on at the Miami Herald. Vice Chairman Gonzalez: Also, at the same time, I want to recognize my sister, just entered the chamber, with my cousin, who's visiting us from Spain. Commissioner Winton: All right. Commissioner Allen: Oh, terrific. Glad to have you guys. Chairman Sanchez: Bienvenidas Vice Chairman Gonzalez: All right. Chairman Sanchez: All right. Vice Chairman Gonzalez: So we adjourn. Chairman Sanchez: Stands in recess. Vice Chairman Gonzalez: Thank you. NA.5 05-00062 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE COMMISSION DISTRICT 4 OFFICE BUDGET TO SUPPORT THE HISPANIC COALITION'S DISADVANTAGED YOUTH PROGRAM IN DISTRICT 4. City of Miami Page 149 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-05-0077 Jorge L. Fernandez (City Attorney): And then Mr. Vice Chairman -- Vice Chairman Gonzalez: OK. I will -- Commissioner Winton: 2005. Mr. Fernandez: Mr. Vice Chairman. Vice Chairman Gonzalez: Now, we will reconvene the City Commission meeting. Commissioner Regalado, I believe you have a pocket item. Commissioner Regalado: Two pocket items, Mr. Chairman. Vice Chairman Gonzalez: Yes, sir. Commissioner Regalado: Very, very quick. A resolution of the Miami City Commission approving the allocation of funds in an amount not the exceed $10, 000 from the Commission District 4 office budget to support the Hispanic Coalition's Disadvantaged Youth Program in District 4. 1 so move. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Commissioner Winton, we need a -- Commissioner Winton: Yes, second. Vice Chairman Gonzalez: -- second. Commissioner Allen: I'll second. Commissioner Winton: Second, second. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. NA.6 05-00054 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CO -SPONSORING THE "EASTER CELEBRATION" EVENT TO BE HELD AT BAYFRONT PARK FROM MARCH 18, 2005 TO MARCH 20, 2005; ALLOCATING FUNDS IN THE AMOUNT OF $3,000, FROM THE DISTRICT 4 SPECIAL EVENTS FUND; WAIVING THE FEES FOR THE POLE BANNER PERMITS ASSOCIATED WITH SAID EVENT. Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 150 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-05-0078 Commissioner Regalado: The other pocket item, a resolution of the Miami City Commission cosponsoring the Easter Celebration event, to be held at Bayfront Park, from March 18, 2005 to March 20, 2005; allocating funds in the amount of $3, 000 from the District 4 special events fund and waiving the fees for the pole banner permits associated with said event. So moved. Vice Chairman Gonzalez: OK. We have a motion. Commissioner Allen: I second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Commissioner Regalado: OK. Vice Chairman Gonzalez: Motion carries. Commissioner Regalado: I'm done. Vice Chairman Gonzalez: You have any pocket items, Commissioner Winton? Commissioner Winton: Absolutely not. Vice Chairman Gonzalez: Commissioner Allen, any pocket items? Commissioner Allen: I have none, Mr. Chairman. NA.7 04-01178b DISCUSSION ITEM Clarification by City Attorney on previous motion to reconsider file number 04- 01178, changing the land use designation of the property at approximately 3155 SW 22nd Terrace, which was a companion item to file number 04-01178 a, amending the zoning atlas of Ordinance No. 11000, the Zoning Ordinance, to change the zoning classification of this same property from "R-2" to "C-1.," which was not reconsidered at that time; the City Attorney further stated that the intent of the reconsideration must be interpreted as a reconsideration for both items. 04-01178 & 04-01178b -City Attorney Memo.pdf 04-01178 & 04-01178a Motion to Reconsid. Memo - 2.pdf DISCUSSED Vice Chairman Gonzalez: Mr. City Attorney, I understand -- Jorge L. Fernandez (City Attorney): Yes. 1 have one quick item, Mr. Chairman, which is by way of a legal opinion that 1 am rendering with regard to an item that came at your last City Commission on January 13. There was a motion to reconsider a land use item made by Commissioner Regalado, and my interpretation of his motion is that it included both the Comprehensive Plan changes, as well as the accompanying rezoning that goes with that, and for City of Miami Page 151 Printed on 2/16/2005 City Commission Verbatim Minutes January 27, 2005 purposes of all the agencies that are involved, including the Clerk, it is my interpretation of this Commission action that that vote, including reconsideration of both items, the Comprehensive Plan as well as the rezone, and this is -- I'm reading this into the record to make sure that unless any of you express an objection, I have in fact properly interpreted your decision and your vote. Vice Chairman Gonzalez: Was that your intent, Commissioner Regalado? Commissioner Regalado: Huh? Vice Chairman Gonzalez: Was that your intent? Commissioner Regalado: Yeah, that was an intent. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. Commissioner Regalado: 1 met with the attorney and -- Mr. Fernandez: Yes. Commissioner Regalado: -- that's the remedy we need for this. Vice Chairman Gonzalez: All right. Commissioner Regalado: There is no action, at all. Mr. Fernandez: No, no action is needed. I just needed to state that on the record so that the Clerk would have that clear. Priscilla A. Thompson (City Clerk): Thank you. Vice Chairman Gonzalez: All right. Any other business? Mr. Fernandez: Nope. Vice Chairman Gonzalez: Motion to adjourn. Commissioner Allen: Yes. Commissioner Winton: So moved. Commissioner Allen: 1 second. So moved. Vice Chairman Gonzalez: OK. Commissioner Allen: Thank you. City of Miami Page 152 Printed on 2/16/2005